Legal Studies Commons^™

Vulnerable Persons In Custody, Russell C. Gabriel, Jamie Roberts, Rachel Grossman, Leanne Purdum

Working in the Public Interest Conferences

Vulnerable persons face numerous issues when they enter custody. Panelists will cover prison, jail, and detention center issues with a focus on individuals who may be particularly vulnerable in these settings, including LGBTQ persons, undocumented persons, and those living in poverty. Moderated by Russell Gabriel.

Death And Destruction: Insight Into The Rhino Poaching Epidemic In South Africa, Richard Wayne Charlton

Theses and Dissertations

The poaching of wildlife has been a concern to many involved in the protection of wildlife. Poaching is found throughout the world and has been around for thousands of years. In the past century, poaching has reached new heights and the concern of an extinction of a species has bought the topic of poaching to new light. Whilst poaching has been seen as a biological or conservation topic in the past, criminologists around the world have now started to delve into the topic. The poaching of wildlife and more so in recent years, rhino poaching, has been a concern in …

Prospective Prediction Of Juvenile Homicide/Attempted Homicide Among Early-Onset Juvenile Offenders, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

While homicide perpetrated by juveniles is a relatively rare occurrence, between 2010 and 2014, approximately 7%–8% of all murders involved a juvenile offender. Unfortunately, few studies have prospectively examined the predictors of homicide offending, with none examining first-time murder among a sample of adjudicated male and female youth. The current study employed data on 5908 juvenile offenders (70% male, 45% Black) first arrested at the age of 12 or younger to prospectively examine predictors of an arrest for homicide/attempted homicide by the age of 18. Among these early-onset offenders, males, Black youth, those living in households with family members with …

Collective Litigation Of Environmental Rights In Colombia: An Empirical Study, Ángela María Páez-Murcia, Everaldo Lamprea-Montealegre, Catalina Vallejo-Piedrahita

Public Administration Faculty Research

This paper presents the results of an empirical study that systematized environmental judicial opinions handed down by Colombia’s highest administrative Court —Consejo de Estado— over a 17-year period (1998-2015). Thanks to a research grant, the authors and a team of coders systematized, using state-of-the art content analysis methodologies, more than 250 opinions handed down by Colombia’s highest administrative Court. The results presented in this paper show the most important trends of collective environmental litigation in Colombia: types of plaintiffs and defendants; type of environmental resources involved in the case; plaintiffs’ success rates; most litigious regions and cities; overall effects of …

Crime Stats Should Inform The Public: Trump Is Misusing Them To Scare Us Instead, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

The University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not to mention the Pentagon …

Risk Assessment In Criminal Justice, Kris R. Henning, Ryan M. Labrecque

Criminology and Criminal Justice Faculty Publications and Presentations

Presentation focuses on risk assessment in criminal justice

Vocational And Life Skills Monthly Data Update: February 2017, Uno Nebraska Center For Justice Research, Johanna Peterson

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to correct any data errors on an ongoing basis during monthly update calls and site visits.

Data presented below is from the monthly data pulls. Because this data comes for an active database with live data being entered and updated daily, data, including previously submitted information, may fluctuate depending on changes made …

Bibliography, Editorial Board

The University of New Hampshire Law Review

This bibliography is a comprehensive list of all of Professor Calvin Massey’s scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted supplements written by Professor Massey to his own casebooks.

Symposium Presenters, Editorial Board

The University of New Hampshire Law Review

Listing of symposium presenters and their institutional affiliation.

Why I So Enjoyed Learning With And From Calvin Massey, Vikram David Amar

The University of New Hampshire Law Review

[Excerpt] “I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin—and I think of him often—I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his breadth; (2) his independent mind; and (3) his thoughtfulness.”

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

The University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed, by the clarity, …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass

Dissertations, Theses, and Capstone Projects

Official statistics document that Black males experience disproportionate contact with the criminal justice system (CJS). Existing theory and research suggest that this contact may be attributed to unique attributes of Black masculine behavior. Utilizing a meta-analysis of Black masculinity studies and content analysis of narratives from a select sample of Black males, ages 19-50, the current study examines the similarities and differences between the construction and performance of normative or traditional masculinity, as measured by Mahalik et als’ CMNI and the attributes of Black masculinity as defined in the literature. A goal of the study was to assess whether Black …

Implementing Restorative Justice Under The Retributive Paradigm: A Pilot Program Case Study, Patrick Gerkin, John Walsh, Joseph Kuilema, Ian Borton

Open Access Publishing Support Funded Articles

This article explores the implementation of a pilot program in restorative justice in a medium-sized Midwestern city. Through an examination of meeting minutes, interviews, and the personal reflections of the authors, this article examines the implementation of a victim–offender mediation program, referred to throughout the article as the Fast Track Accountability Program (FTAP). Presented as a case study, the authors describe the key stakeholders, the process, the obstacles, as well as lessons learned along the way. Particular attention is given to the essential role of strong leadership and to the challenges faced when implementing such a program within the bureaucracy …

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Quantitative Analysis Of Opioids And Cannabinoids In Wastewater Samples, Alethea Jacox, Jillian Wetzel, Shu-Yuan Cheng, Marta Concheiro-Guisan

Publications and Research

Wastewater-based epidemiology is an innovative approach that uses the analysis of human excretion products in wastewater to obtain information about exposure to drugs in defined population groups. We developed and validated an analytical method for the simultaneous determination of opioids (morphine, oxycodone, hydrocodone, oxymorphone and hydromorphone), and cannabinoids (Δ⁹-tetrahydrocannabinol, 11-nor-9-carboxy-tetrahydrocannabinol (THCCOOH) and THCCOOH-glucuronide) in raw-influent wastewater samples by ultra-high performance liquid chromatography-tandem mass spectrometry. Method validation included linearity (5–1 000 ng/L for opioids, 10–1 000 ng/L for cannabinoids), imprecision (<21.2%), accuracy (83%–131%), matrix effect (from –35.1% to –14.7%) and extraction efficiency (25%–84%), limit of detection (1–5 ng/L) and quantification (5–10 ng/L) and auto-sampler stability (no loss detected). River and wastewater samples were collected in triplicate from different locations in New York City and stored at −20 °C until analysis. Water from sewage overflow location tested positive for morphine (10.7 ng/L), oxycodone (4.2–23.5 ng/L), oxymorphone (4.8 ng/L) and hydromorphone (4.2 ng/L). Raw influent wastewater samples tested positive for morphine (133.0–258.3 ng/L), oxycodone (31.1–63.6 ng/L), oxymorphone (16.0–56.8 ng/L), hydromorphone (6.8–18.0 ng/L), hydrocodone (4.0–12.8 ng/L) and THCCOOH (168.2–772.0 ng/L). This method is sensitive and specific for opioids and marijuana determination in wastewater samples.