Open Access. Powered by Scholars. Published by Universities.®

Legal Studies Commons

Open Access. Powered by Scholars. Published by Universities.®

15,382 Full-Text Articles 11,599 Authors 20,354,502 Downloads 293 Institutions

All Articles in Legal Studies

Faceted Search

15,382 full-text articles. Page 3 of 327.

The Role Of Mayors In Achieving Brunei Darussalam’S Wawasan 2035, Lessons From China, Brice Tseen Fu Lee, Ayidana Asihaer, Juan Pablo Sims 2024 Fudan University & Universidad del Desarrollo

The Role Of Mayors In Achieving Brunei Darussalam’S Wawasan 2035, Lessons From China, Brice Tseen Fu Lee, Ayidana Asihaer, Juan Pablo Sims

Journal of Strategic and Global Studies

Brunei Darussalam's national vision, WAWASAN 2035, sets forth ambitious goals for the nation's development, emphasizing a centralized governance paradigm. However, the potential of decentralized governance, as exemplified by China's mayor-led districts, offers a compelling model for achieving national aspirations. This research explores the feasibility and potential benefits of introducing mayors in Brunei's districts, drawing insights from China's successful decentralized governance structure. By fostering inter-district competition and allowing for localized policy tailoring, Brunei can enhance its adaptability and responsiveness to local nuances. Drawing from China's experiences, this study provides a comprehensive understanding of how Brunei might optimize its governance structure to …


Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol 2024 University of Florida Levin College of Law

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.


“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule 2024 University of Guelph

“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule

International Journal on Responsibility

The control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a clear embodiment of this trend, as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. According to the law, sureties must report all bail violations to the police; the resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice-involved individuals while minimizing reputational risks. Yet how sureties carry out this role in the community remains unexplored. Using data from 36 …


Graying Incarcerated Persons And Education Programs In Nigerian Correctional Centre, Ijeoma B. Uche PhD, Agnes E. Okafor PhD, Okala A. Uche PhD *corresponding author 2024 University of Nigeria - Nsukka

Graying Incarcerated Persons And Education Programs In Nigerian Correctional Centre, Ijeoma B. Uche Phd, Agnes E. Okafor Phd, Okala A. Uche Phd *Corresponding Author

Journal of Prison Education Research

Correctional education programs are rehabilitation programs designed for incarcerated persons in Nigerian correctional institutions. However, getting the graying incarcerated persons to participate in education programs becomes quite challenging. This study investigates graying incarcerated persons and education programs in one correctional centre. Data were collected qualitatively from fifteen (15) incarcerated individuals aged 60 years and above using semi-structured interviews. Thematic analysis was employed in analyzing the data generated for the study. Findings show that there are no available education programs for graying incarcerated individuals. The study also revealed that designing education programs in such a way that it will accommodate the …


Bad Apples Or A Rotten Orchard: Detroit Police Culture And Its Protection Of Corruption, Megan Quick 2024 Wayne State University

Bad Apples Or A Rotten Orchard: Detroit Police Culture And Its Protection Of Corruption, Megan Quick

Rushton Journal of Undergraduate Humanities Research

In the light of substantial police corruption and misconduct in the history of the Detroit Police force, the defense of “a few bad apples” is frequently proffered. To examine the validity of the bad apple defense, this paper examines how the DPD’s leadership and rank and file officers responded to allegations and criminal charges for police corruption under Mayor Coleman A. Young. The paper concludes that police culture played a role in law enforcement corruption and points to the importance of understanding police corruption and its causes to better address the issue.


Law Library Blog (January 2024): Legal Beagle's Blog Archive, Roger Williams University School of Law 2024 Roger Williams University

Law Library Blog (January 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Nebraska Department Of Correctional Services Classification And Crowding Project Technical Report, Zachary Hamilton, Alex Kigerl, Baylee Allen-Flores, Addison Kobie, John Ursino, Amber Krushas, Brian Gildea, Ryan E. Spohn 2024 University of Nebraska at Omaha

Nebraska Department Of Correctional Services Classification And Crowding Project Technical Report, Zachary Hamilton, Alex Kigerl, Baylee Allen-Flores, Addison Kobie, John Ursino, Amber Krushas, Brian Gildea, Ryan E. Spohn

Reports

In response to recent reports and noted issues of prison crowding, NDCS (Nebraska Department of Correctional Services) contracted with NCJR (Nebraska Center for Justice Research) to investigate the impacts of crowding. Going beyond the CSG, CJI, and Master Plan reports (Council of State Governments, 2015; Criminal Justice Institute, 2022; Dewberry, 2023; JFA, 2020), NDCS requested NCJR identify which facilities and populations are impacted greatest via crowding. Further, findings provide areas of recommended changes needed to ease growth and help maintain safety and functionality of NDCS institutions. As part of Phase I, we completed a process evaluation, which included a review …


Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created and Presented Jointly by Students from State Correctional Institution - Greene, Waynesburg, PA, and University of Pittsburgh School of Law, Chief Editor: David A. Harris 2024 University of Pittsburgh School of Law

Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

Articles

During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …


The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman 2024 Washington University in St. Louis School of Law

The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman

Scholarship@WashULaw

In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.

With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …


Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley 2024 Georgia Southern University

Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley

Honors College Theses

While placing a child in foster care is often in an effort to protect them and their future, it does not always fully succeed. Placement in foster care has been found to be highly unstable. Additionally, it has been linked to an increase in individuals’ likelihood to engage in delinquent and criminal behavior. This thesis looks at the possibility that these two aspects may be related through Hirschi’s (1969) Social Bond theory. It examines available data from ten different states in order to explore this idea. The results of this investigation show that the instability of the foster care system …


Criminal Justice Update - January 2024, Delaney Rabenold 2024 Gettysburg College

Criminal Justice Update - January 2024, Delaney Rabenold

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

  • Updates from PA Governor's Office (no updates this month)
  • Updates from the PA Legislature (no updates this month)
  • Updates from the Courts
    • U.S. Supreme Court (no updates this month)
    • PA Supreme Court
    • PA Superior Court


Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond 2024 Wilfrid Laurier University

Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond

Theses and Dissertations (Comprehensive)

“In a traditional village, we wouldn’t have a teepee with no door on it and throw somebody in there. We wouldn’t cast them out, because banishment meant death. What we had to do was restore relationships” – Ryan Beardy (Thorpe, 2022).

The following project examines the representation of Indigenous traditions, customs, and issues in Canadian mainstream media. Specifically, this project is interested in the portrayal of banishment as an Indigenous practice in Canadian mainstream news outlets. This project is based on an interpretive paradigm informed by grounded theory and concepts of media framing, postcolonialism, settler colonialism and restorative justice. Nineteen …


The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell 2024 Washington University in St. Louis School of Law

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …


Voting Under The Federal Constitution, Travis Crum 2024 Washington University in St. Louis School of Law

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …


Contract-Wrapped Property, Danielle D'Onfro 2024 Washington University in St. Louis School of Law

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …


Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar 2024 Washington University in St. Louis School of Law

Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …


Rethinking Antebellum Bankruptcy, Rafael I. Pardo 2024 Washington University in St. Louis School of Law

Rethinking Antebellum Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …


Redistributing Justice, Benjamin Levin, Kate Levine 2024 Washington University in St. Louis School of Law

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …


Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff 2024 The University of Mississippi

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …


Volume 6, Issue 1 (2023) Criminal Justice Agents And Responsibility, Colleen Berryessa, Elizabeth Griffiths, Kaitlen Hubbard, Deena A. Isom, Kateryna Kaplun, Hiuxuan Li, Siyu Liu, Esther Nir, Heather L. Scheuerman, Rachel Schumann, Sandy Xie, Carolyn Yule 2023 Rutgers University - Newark

Volume 6, Issue 1 (2023) Criminal Justice Agents And Responsibility, Colleen Berryessa, Elizabeth Griffiths, Kaitlen Hubbard, Deena A. Isom, Kateryna Kaplun, Hiuxuan Li, Siyu Liu, Esther Nir, Heather L. Scheuerman, Rachel Schumann, Sandy Xie, Carolyn Yule

International Journal on Responsibility

This special issue of the International Journal on Responsibility (IJR) advances scholarship on the various ways responsibility infuses the roles of criminal justice agents. As the inaugural issue of my tenure as Editor-in-Chief, Volume 6 deepens our understanding of responsibility in the context of the criminal justice system, thereby fulfilling IJR’s aim and scope. Specifically, the articles highlight issues of responsibility within each component of the criminal justice system: police, courts, and corrections.


Digital Commons powered by bepress