Legal Studies Commons^™

Perceptions Of Mental Illness In The Legal System, Krista Wallace

Criminal Justice

Previous research suggests that there are stereotypes and misperceptions about the mentally ill population which affect juror’s decision making in cases where the insanity defense is raised. Many individuals believe it to be a “loophole” in the criminal justice system for offenders to escape punishment (Skeem and Golding, 2002). This study explores community perceptions of schizophrenia and personality disorders in a legal context. Results support that individuals are significantly less confident of their verdict decisions when the offender has a mental illness than when the offender has no mental illness. In addition, the presence of a mental illness significantly affects …

A Lockean Theory Of Intellectual Property Revisited, Adam D. Moore

San Diego Law Review

The primary, and perhaps sole, function of government according to Locke was to secure and protect the lives, liberties, and property of individuals who consented, explicitly or tacitly, to a specific political union. The question that I will address in this Article, and one that I took up over fifteen years ago, is: should we consider intellectual works to be the proper subjects of Lockean property claims? My answer then and now is “yes,” with the acknowledgement that such a view may require substantial revisions to Anglo-American systems of intellectual property. I will argue that intellectual property rights are no …

The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges

San Diego Law Review

In my book Justifying Intellectual Property (JIP), I wrote about what I call the “foundations” of the field of intellectual property (IP) law. I tried to distinguish between a foundational level of discourse and another level, the level of basic principles. In the San Diego conference at which my book was discussed—and in several other settings as well—the most frequent and persistent line of questioning about my book centered on the relationship between these two levels. That is what this brief Article is about.

Managing The Intellectual Property Sprawl, Shubha Ghosh

San Diego Law Review

Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …

The Constitutionality Of The Occupy Movement, Yoe Lopez

HIM 1990-2015

The Occupy movement has spread over hundreds of cities nationwide and over 1,500 cities around the world. The movement is formed around a common goal, which is to protest the way government actions or inactions have rooted widespread discontent. The Occupy movement has encountered opposition from the cities and counties where it is located. Arrests have been made for a number of violations of city and county codes including resistance to police orders and disorderly conduct charges. In our country, freedom of speech and the right to protest have been regarded as inalienable rights. The question becomes how to balance …

A Forensic Identification Utility To Create Facial Approximations Using Cone-Beam Computed Tomography Of 100 Hispanic Females: A Pilot Study, Behzad Nejat

UNLV Theses, Dissertations, Professional Papers, and Capstones

Introduction:Estimation of facial soft tissue appearance from human skeletal remains is often necessary in forensic identification. This process has been referred to as facial reconstruction or facial approximation and is a branch of forensic facial anthropology. Original methods for facial approximation originated in nineteenth century Europe and consisted of artists shaping clay over skull models using average soft tissue depths measured in cadavers. The last two decades have introduced numerous computerized techniques that have digitized this process while attempting to accurately and objectively define the relationship between a skull and its overlying soft tissue. This pilot study describes a method …

Transition Relief For Tax Reform’S Third Rail: Reforming The Home Mortgage Interest Deduction After The Housing Market Crash, Nicholaus W. Norvell

San Diego Law Review

This Comment argues that Congress should—in this order of preference—eliminate the mortgage interest deduction, replace it with a credit, or substantially modify it, and that Congress can adopt any of these policies without substantial short-term fallout in the housing market. Part II of this Comment examines how the mortgage interest deduction works, its history, and its intended benefits. Part III scrutinizes the deduction’s inability to achieve its primary objective—increasing homeownership—and examines its negative effects on housing prices, household indebtedness, the environment, and wealth disparity. Accordingly, this Part argues that Congress should reform the deduction, discusses three basic options available for …

Reconciliation In A Community-Based Restorative Justice Intervention, David K. Androff

The Journal of Sociology & Social Welfare

Truth and Reconciliation Commissions (TRCs) are among the primary means for promoting reconciliation in communities recovering from violent conflict. However, there is a lack of consensus about what reconciliation means or how it is best achieved. In a qualitative study of the first TRC in the U.S., this research interviewed victims of racial violence who participated in the Greensboro Truth and Reconciliation Commission (GTRC), a community-based restorative justice intervention. Findings reveal that participants conceptualized reconciliation as a multileveled process, that different concepts of reconciliation influenced assessments of the success and limitations of the GTRC, and indicate how community-based restorative interventions …

Toward A Lockean Moral Justification Of Legal Protection Of Intellectual Property, Kenneth Einar Himma

San Diego Law Review

This Article attempts to provide the beginnings of a viable moral justification for recognizing and providing legal protection of intellectual property. The argument follows a line of arguments that is fairly characterized as “inspired” by John Locke’s attempt to justify legal protection of what he took to be a natural, objective, moral right to material property. That is to say, it is Lockean in spirit in the following sense: Locke grounds his argument for original acquisition in the idea that a person is justified in acquiring something from the commons in virtue of an investment he makes of something that …

Traditional Knowledge, Cultural Expression, And The Siren’S Call Of Property, Justin Hughes

San Diego Law Review

Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

Chaid Analysis Of Drug-Related Police Corruption Arrests, Philip M. Stinson, John Liederbach, Steven L. Brewer, Hans Schmalzried, Brooke E. Mathna, Krista L. Long

Criminal Justice Faculty Publications

Purpose- The purpose of the study is to provide empirical data on cases of drug-related police corruption. The study identifies and describes incidents in which police officers were arrested for criminal offenses associated with drug-related corruption.

Design/methodology/approach- The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. Statistical analyses include classification trees to examine casual pathways between drugs and corruption.

Findings- Data are analyzed on 221 drug-related arrest cases of officers employed by police agencies throughout the United States. Findings show that drug-related corruption involves a wide …

Drunk Driving Cops: A Study Of Police Officers Arrested 2005-2010, Philip M. Stinson, John Liederbach, Natalie E. Todak, Steven L. Brewer

Criminal Justice Faculty Publications

Police officers are generally exempt from law enforcement (Reiss, 1971) and it is widely known that police officers who drive drunk are rarely arrested, even when they are pulled over in a traffic stop for driving drunk. Using data from a larger study on police crime arrests, this is an exploratory study of 763 cases from years 2005-2010 of on- and off-duty police officers arrested for driving under the influence (DUI). The officers arrested for DUI were employed by nonfederal law enforcement agencies located in all 50 states and the District of Columbia. Preliminary findings indicate that almost half of …

Attica State Correctional Facility: The Causes And Fallout Of The Riot Of 1971, Kathleen E. Slade

The Exposition

Everyone has heard the rallying cry “Attica! Attica!” These are words shouted in protest by many in the 1970s including John Lennon in his song “Attica State” in 1971 and Al Pacino in the movie “Dog day Afternoon” in 1975. But what happened at Attica State Correctional Facility in the rural town of Attica, NY in 1971 to cause the bloodiest day in American history up to that time? A prison built to be escape proof and virtually riot proof in 1931 exploded just forty years later in a violent four day riot that ended in a bloody massacre of …

Jeffrey Dahmer: Psychopathy And Neglect, Tamara Higgs

Regis University Student Publications (comprehensive collection)

It is the intent of this paper to examine the relationship between Jeffrey Dahmer's Childhood neglect, his fascination with death, and its later influence on his adult psychopathic behavior. After defining the nature of serial killers and the impact of childhood abuse combined with a fascination with death, the focus of this case study will shift to the long term impact of the abuse and neglect suffered by American serial killer, Jeffrey Dahmer. Using the social learning theory, the author will examine how this neglect and abuse tie into his later life as a sexual serial killer. Additionally, the theories …

Restorative Justice And Recidivism: A Meta-Analysis, Kristin Bain

Electronic Theses and Dissertations

Restorative Justice is an approach to resolving conflict that has become increasingly relevant as both financial and social costs associated with crime have continued to rise. As alternative methods of managing crime are being considered and implemented there is a call from policy makers for evidence that those programs are indeed the best practice. Although there is a significant amount of research on restorative justice, synthesis of that information is lacking which impedes full understanding of the potential of the impact and role of this approach. A central argument is that restorative based programs produce benefits because they reduce recidivism …

The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold

San Diego International Law Journal

This Article analyzes the Kharkov trial, the first trial of Nazi war criminals undertaken by any Allied Power, as well as the first trial of the Holocaust. It is written on the occasion of the 70th anniversary of the Kharkov trial. Part II, as background, describes the Holocaust as experienced in Kharkov, Ukraine. Part III discusses the trial that took place in Kharkov: the defendants, the prosecution, the setting, and the testimony. Part IV looks at the Kharkov trial as a typical Stalinist “show trial,” where guilt has been predetermined and a trial is used merely as a show to …

Interpretation And Construction In Altering Rules, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …

A Profile Of Women Released Into Cook County Communities From Jail And Prison, Gipsy Escobar, David Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

This testimoney presented at the Cook County, Illinois Commission on Women's Issues hearing on incarceration summarizes the characteristics of women admitted to the Cook County, Illinois, Jail, how these compare to male detainees, and the criminal history and specific communities detainees resided in before their incarceration.

Rhode, Deborah L.: The Beauty Bias: The Injustice Of Appearance In Life And Law., Margaret Svogun

Journal of Interdisciplinary Feminist Thought

No abstract provided.

Beyond Biases And Barriers: Incorporating Women Into International Clinical Research, Bridget R. Nugent

Journal of Interdisciplinary Feminist Thought

The application of ethical principles in medical research has been a challenging issue because of the multiplicity of health care systems and the variations that exist in standards of care around the globe. This paper addresses the human rights issues that arise from the unethical treatment of women in clinical research worldwide. It includes the history of international human rights legislation as well as the problems that arose because of the exclusion of women from clinical trials. This paper includes a model for ethical clinical research based on the theories of a biologist and human rights scholar and a bio-ethicist, …