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

Legal Studies Commons™

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

15,187 Full-Text Articles 12,869 Authors 27,815,269 Downloads 304 Institutions

All Articles in Legal Studies

Faceted Search

15,187 full-text articles. Page 45 of 349.

Sexual Surveillance: Morality Policing Of Greeks And Italians In The Early 20th Century, Isabella Ferrell 2024 West Virginia University

Sexual Surveillance: Morality Policing Of Greeks And Italians In The Early 20th Century, Isabella Ferrell

Digital Legal Research Lab

The Petitioning for Freedom Project under Dr. Jagodinsky is a database of habeas corpus use in the West. It examines legal action by marginalized individuals. This project focuses on how Greek and Italian petitioners used habeas to challenge sexual policing in a xenophobic context.

Research poster titled Sexual Surveillance: Morality Policing of Greeks and Italians in the Early 20th Century; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas


The Harding Brothers And Underage Enlistment In The Age Of American Expansion, 1851–1857, Ryan Minton 2024 Washington State University

The Harding Brothers And Underage Enlistment In The Age Of American Expansion, 1851–1857, Ryan Minton

Digital Legal Research Lab

The Petitioning for Freedom Project is an NSF funded database project that seeks to collect and encode carceral, institutional, and interpersonal habeas corpus petitions from county, state, and federal courts all throughout the American West.

This research project explores and analyzes the twenty-four habeas corpus petitions that were submitted between 1851 and 1857 to the Saint Louis County Law Commissioners Office to challenge the enlistment of underage recruits stationed at Jefferson Barracks.

Research poster titled The Harding Brothers and Underage Enlistment in the Age of American Expansion, 1851–1857; presented via the Digital Legal Research Lab NSF REU Site, University of …


Maternal Chains: Black Women's Legal Battles For Freedom In Pre-Emancipation America, Roshawnna Brinkley 2024 University of Maryland at College Park

Maternal Chains: Black Women's Legal Battles For Freedom In Pre-Emancipation America, Roshawnna Brinkley

Digital Legal Research Lab

This research examines the use of habeas corpus petitions by Black Women in antebellum America to secure freedom for themselves and their children. Given that slave status was inherited matrilineally, these legal actions had implications for generational freedom. In Dr. Jagodinsky’s Petitioning for Freedom project there are numerous cases of Black Women utilizing Habeas Corpus. This study focuses on these Women's agency in navigating a hostile legal system.

Research poster titled Maternal Chains: Black Women's Legal Battles for Freedom in Pre-Emancipation America; via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and …


To Have And To Hold: Habeas Corpus And The Mobilization Of Female Petitioners, 1832–1924, Miranda Martinez 2024 Texas A&M University Corpus Christi

To Have And To Hold: Habeas Corpus And The Mobilization Of Female Petitioners, 1832–1924, Miranda Martinez

Digital Legal Research Lab

Dr. Jagodinsky’s Petitioning For Freedom (PFF) is an open-access database of habeas corpus petitions from the American West. It aims to further our understanding of the United States legal landscape in the 19th and 20th centuries.

Research poster titled To Have and To Hold: Habeas Corpus & the Mobilization of Female Petitioners, 1832–1924; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas


Profiled Pickpockets: Seattle's Black Community & 1890s Habeas Mobilization, Zoë Williams 2024 Howard University

Profiled Pickpockets: Seattle's Black Community & 1890s Habeas Mobilization, Zoë Williams

Digital Legal Research Lab

The Petitioning for Freedom project examines habeas corpus in the American West, 1812–1924 to highlight the legal mobilization of marginalized people. This study uses habeas petitions to identify Black people's response to racial profiling in Seattle.

Research poster titled Profiled Pickpockets: Seattle's Black Community & 1890s Habeas Mobilization; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas


Legal Proxies And Advocates: Exploring Inter-Case Relationships In 19th- And 20th-Century Habeas Corpus, Ethan Reiter 2024 University of Kansas

Legal Proxies And Advocates: Exploring Inter-Case Relationships In 19th- And 20th-Century Habeas Corpus, Ethan Reiter

Digital Legal Research Lab

  • The Petitioning for Freedom Project (PFF) is an open access database that details the use of habeas corpus in legal proceedings in the American West from 1812 to 1924.
  • A writ of habeas Corpus is a challenge by a petitioner that alleges that someone is detained unlawfully.
  • In certain instances. a petitioner is petitioning on behalf of someone who is held illegally. This study examines the nature of the relationships between petitioner and bound party and how those relationships reflect historical and legal developments over time.

Research poster titled Legal Proxies and Advocates: Exploring Inter-Case Relationships in 19th- and 20th-Century …


Equal Protection Of Life, Liberty, And Labor: Habeas Corpus & The 14th Amendment, 1901–1904, Madison Mendiola 2024 University of North Florida

Equal Protection Of Life, Liberty, And Labor: Habeas Corpus & The 14th Amendment, 1901–1904, Madison Mendiola

Digital Legal Research Lab

Presents and synthesizes three cases demonstrating the use of habeas corpus in the contect of the 14th Amendment to the United States Constitution between 1901 and 1904.

Research poster titled Equal Protection of Life, Liberty, and Labor Habeas Corpus & the 14th Amendment, 1901–1904, presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas


On Critical Geneaology, Bernard E. Harcourt 2024 Columbia Law School

On Critical Geneaology, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …


Willingness To Report Sexual Victimization Through Formal And Informal Routes And The Correlation To Victim’S Race, Sexual Orientation, And Gender Identity, Tara Diltz 2024 University of Northern Colorado

Willingness To Report Sexual Victimization Through Formal And Informal Routes And The Correlation To Victim’S Race, Sexual Orientation, And Gender Identity, Tara Diltz

Master's Theses

The purpose of this study is to understand the impact, if any, that holding marginalized identities has on the willingness to report sexual victimization to law enforcement, Title IX offices, and informal support routes. This study examines the various factors that may influence one’s willingness to report sexual victimization through both formal and informal routes. Formal routes include law enforcement and Title IX, while informal routes involve the self-disclosure of victimization to families, friends, or romantic partners. This research specifically explores how racial and ethnic identities, sexual orientation, and gender identity can influence an individual's perceived willingness to report sexual …


Examining The Relationship Between Recidivism And Community Size For Previously Incarcerated Individuals, Kayla A. Harbison 2024 Indiana State University

Examining The Relationship Between Recidivism And Community Size For Previously Incarcerated Individuals, Kayla A. Harbison

All-Inclusive List of Electronic Theses and Dissertations

Within urban contexts, there has been progress in understanding recidivism through the lens of both individual criminogenic risk factors and ecological factors. However, little research has examined how these factors apply across different community sizes. The current study attempted to address this gap by examining how recidivism differs across different-sized communities at the county level, measured both dichotomously (metro, nonmetro) and across a rural-urban continuum. This study also explored the relationship between specific types of offenses and recidivism across different-sized communities. Archival data from Indiana Department of Correction (IDOC) including 13,875 individuals released from prison within a five-year period was …


Patterns Of The Use And Perception Of Cannabis Among College Students In Tennessee, Jayla Ruffus-Milner 2024 East Tennessee State University

Patterns Of The Use And Perception Of Cannabis Among College Students In Tennessee, Jayla Ruffus-Milner

Electronic Theses and Dissertations

Cannabis has been historically difficult to research due to its federal scheduling. However, as legalization of cannabis medically, recreationally, or both in states across the country has increased, so has the need to address the research gaps that persist. The purpose of this study was to explore the patterns of cannabis use and perceptions of college students in Tennessee, which encompass a demographic of mainly young adults who are typically associated with high usage patterns. The study uses quantitative data collected from an online survey sent to a university in East Tennessee to evaluate associations between students’ age, gender, race/ethnicity, …


"Huddled Masses:" The Immigration Act Of 1917 In Habeas Corpus, Chikamso Chijioke 2024 Xavier University of Louisiana

"Huddled Masses:" The Immigration Act Of 1917 In Habeas Corpus, Chikamso Chijioke

Digital Legal Research Lab

Research poster titled "Huddled Masses:" The Immigration Act of 1917 in Habeas Corpus; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Introduction

Dr. Jagodinsky's Petitioning for Freedom is a collection of habeas corpus petitions in the American West and examines marginalized peoples’ use of habeas to challenge detention. This project explores the role of the Immigration Act of 1917 in these cases. The Immigration Act of 1917, passed due to xenophobic tensions surrounding WWI, restricted immigration of people from Asia and the Pacific while implementing an English literacy test for those over 16 …


Enhancing Ethical Competency: A Review Of Ethical Instruction For Law Enforcement, Alexis Turner 2024 East Tennessee State University

Enhancing Ethical Competency: A Review Of Ethical Instruction For Law Enforcement, Alexis Turner

Electronic Theses and Dissertations

As public confidence in policing has dropped, demand for ethical behavior from law enforcement officers has grown, and correspondingly, a better understanding of ethics training and ethical acquisition processes has become paramount. Though much literature exists on related topics, understanding of the ethics training for law enforcement officers as it currently exists, has remained murky. This research aimed to gain a better understanding of ethics training for law enforcement in the United States, and as such, to fill the aforementioned gap in the literature. Four research questions were explored in this study including the understanding of current pre-service and in-service …


An Exploratory Study Of Flora Poaching In Central Appalachia, McKinley Bowers 2024 East Tennessee State University

An Exploratory Study Of Flora Poaching In Central Appalachia, Mckinley Bowers

Electronic Theses and Dissertations

The purpose of this study was to explore perceptions of flora poaching among conservation officers, park rangers and botanists within Central Appalachia. Though some work has sought to understand poaching in other forms, such as animal poaching, little is known regarding the poaching of plants. This is especially true within the Appalachian Region. Several research questions were explored in this study, including the types of flora being poached, the characteristics of poachers, poaching tactics utilized, and deterrence measures that are currently in place. Data were collected through semi-structured interviews with 20 individuals working in the field. Findings contribute to the …


Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram 2024 Loyola University Chicago

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …


Criminal Activities As Threats To Security In The Caribbean, Marika Dawkins-Cavazos 2024 The University of Texas Rio Grande Valley

Criminal Activities As Threats To Security In The Caribbean, Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

This chapter presents an overview of the main criminal activities posing threats to security in the Caribbean region. How best to assess Caribbean security realities, the types of security threats, and the strategies employed to combat such threats in the region that are influenced by its strategic location and proximity to the United States are discussed. Information on criminal activities came from various government reports, the United Nations Office on Drugs and Crime, news reports, and articles. The overall evidence suggests that criminal activities in the region undercut the law and weaken socio-economic and political stability that subsequently threaten Caribbean …


Democracy's Ruling Hand, Steven L. Winter Walter S. Gibbs Distinguished Professor of Constitutional Law 2024 Wayne State University Law School

Democracy's Ruling Hand, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The claim of liberal constitutionalism is that a text-like object or a ‘diplomatically abstract’ set of principles can work a deflection of disagreements within a pluralist polity. But this project assumes both that pluralism remains amenable to reason and that reason is a capacity independent of the profound differences of meaning, value, and forms of life that shape those disagreements. Neither assumption is correct. Differences in norms, values, and forms of life inevitably undergird and structure differences in meaning, perception, and interpretation. Consequently, a constitution (even when written and accompanied by judicial review) will necessarily unfold in an ongoing process …


Review Of The Meanings Of Discipleship: Being Disciples Then And Now, Cory T. Branham 2024 Liberty University

Review Of The Meanings Of Discipleship: Being Disciples Then And Now, Cory T. Branham

Liberty Theological Review

Discipleship is not, and has never been, one specific thing, at one specific time, or place. Rather, it has a rich, but also often unflattering, history. That history is fool of ups, downs, rights, wrongs, twists, and turns. Discipleship in the Church can be viewed in two parts; The early Church through the Nineteenth Century being Part I (8). The explosion of Discipleship teachings and tactics that began in the Twentieth Century, and continues to the present, being Part II (9). Discipleship informs some believers to engage socially and politically yet encourages many believers to stay away from those circles.


Criminal Justice Update - July 2024, Sophia Dotterweich 2024 Gettysburg College

Criminal Justice Update - July 2024, Sophia Dotterweich

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
  • Updates from the Courts
    • U.S. Supreme Court: Criminal Law & Procedure
    • PA Supreme Court: Criminal Law & Procedure
    • PA Superior Court: Criminal Law & Procedure


The Pervasiveness Of Censorship In American Prison Libraries, Brennen D. Stevens 2024 Grand Valley State University

The Pervasiveness Of Censorship In American Prison Libraries, Brennen D. Stevens

Library Scholars Manuscripts

In the United States, prison libraries serve a vital role in the rehabilitation of prisoners. Despite this, there are ongoing measures to withhold entire genres of literature from the hands of prisoners, restricting the abilities of prison libraries to provide educational lessons using sensitive topics. These book bans can occur between the local to state levels and are difficult for prisoners to appeal. The issues that this can cause are often out of view of the public, and can only be addressed by encouraging public engagement for change. This editorial attempts to engage with a general audience by providing an …


Digital Commons powered by bepress