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Mcculloch At 200, David S. Schwartz 2019 University of Wisconsin, Madison

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the ...


Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse 2019 University of Pennsylvania Law School

Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse

Faculty Scholarship at Penn Law

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about ...


Research Brief One-Sheet – No. 9: On-Duty Shootings: Police Officers Charged With Murder Or Manslaughter, 2005-2019, Philip M. Stinson, Chloe Wentzlof 2019 Bowling Green State University

Research Brief One-Sheet – No. 9: On-Duty Shootings: Police Officers Charged With Murder Or Manslaughter, 2005-2019, Philip M. Stinson, Chloe Wentzlof

Philip M Stinson

This research is part of a larger study of police crime—that is, crime committed by nonfederal sworn law enforcement officers with general powers of arrest—across the United States. In 2014, after several fatal on-duty police shootings garnered national media attention, our principal investigator, Philip Stinson, conducted a joint research project with The Washington Post to count the number of police officers charged with murder or manslaughter resulting from an on-duty shooting where the officer shot and killed someone. The results of the joint research project were published in The Washington Post on April 12, 2015, and The Washington ...


What's Cookin'?: An Analysis Of Food As A Method Of Control In The Penal System, Zoe Livengood 2019 The University of Southern Mississippi

What's Cookin'?: An Analysis Of Food As A Method Of Control In The Penal System, Zoe Livengood

Master's Theses

According to Garland (2001), the U.S. correctional system is a reflection of the culture of control that exists in American society. One way the correctional system exerts control is through food. This concept partnered with Foucault’s ideas about the evolution of punishment and the criminal justice system as an institution creates the theoretical foundation for food as a method of control in the correctional system.

Through quantitative and qualitative analysis, this study examined food as a method of control in three southern Mississippi jails in order to understand how food is a contested space for control between jail ...


Uni S A C Updates: Sociology, Anthropology, Criminology Newsletter, Summer 2019, University of Northern Iowa. Department of Sociology, Anthropology, and Criminology. 2019 University of Northern Iowa

Uni S A C Updates: Sociology, Anthropology, Criminology Newsletter, Summer 2019, University Of Northern Iowa. Department Of Sociology, Anthropology, And Criminology.

Sociology, Anthropology, and Criminology Newsletter

Inside This Issue:
-- Fall 2018 Alumni in Residence - Katelyn M. Bries
-- 2019 UNI Outstanding Student Leader
-- UNI Purple and Gold Awards
-- UNI Honors Students
-- 2018-19 Student Admissions Ambassadors
-- 2018-19 Ethnic Student Promoters
-- Social and Behavioral Representatives (SABRs)
-- INSPIRE Student Research & Engagement Conference: Poster Presentations
-- Iowa Sociological Association Annual Meeting: Poster Presentation
-- Midwest Sociological Society Annual Meeting
-- CSBS Donald and Gudrun Fruehling Summer Undergraduate Research Fellowship
-- SAC Internships
-- Sociology
-- Criminology
-- Anthropology
-- Faculty Retirements
-- Sociology Endowed Scholarship Fundraising Progress


Dissociation Between The Growing Opioid Demands And Drug Policy Directions Among The U.S. Older Adults With Degenerative Joint Diseases, Pearl Kim PhD, Takashi Yamashita PhD, MPH, MA, Jay J. Shen PhD, Seong-Min Park PhD, Sung-Youn Chun PhD, Sun Jung Kim PhD, MHSA, Jinwook Hwang MD, PhD, Se Won Lee MD, Georgia Dounis DDS, MS, Hee-Taik Kang MD, PhD, Yong-Jae Lee MD, PhD, Dong-Hun Han DDS, PhD, Ji Eun Kim PhD, Hyeyoung Yeom MD, David Byun DO, Tsigab Bahta MD, Ji Won Yoo MD 2019 University of Nevada, Las Vegas

Dissociation Between The Growing Opioid Demands And Drug Policy Directions Among The U.S. Older Adults With Degenerative Joint Diseases, Pearl Kim Phd, Takashi Yamashita Phd, Mph, Ma, Jay J. Shen Phd, Seong-Min Park Phd, Sung-Youn Chun Phd, Sun Jung Kim Phd, Mhsa, Jinwook Hwang Md, Phd, Se Won Lee Md, Georgia Dounis Dds, Ms, Hee-Taik Kang Md, Phd, Yong-Jae Lee Md, Phd, Dong-Hun Han Dds, Phd, Ji Eun Kim Phd, Hyeyoung Yeom Md, David Byun Do, Tsigab Bahta Md, Ji Won Yoo Md

Public Health Faculty Publications

We aim to examine temporal trends of orthopedic operations and opioid-related hospital stays among seniors in the nation and states of Oregon and Washington where marijuana legalization was accepted earlier than any others. As aging society advances in the United States (U.S.), orthopedic operations and opioid-related hospital stays among seniors increase in the nation. A serial cross-sectional cohort study using the healthcare cost and utilization project fast stats from 2006 through 2015 measured annual rate per 100,000 populations of orthopedic operations by age groups (45–64 vs 65 and older) as well as annual rate per 100,000 ...


The Role Of The Community Health Delivery System In The Health And Well-Being Of Justice-Involved Women: A Narrative Review, Sharla A. Smith, Glen P. Mays, Tracie C. Collins, Megha Ramaswamy 2019 University of Kansas

The Role Of The Community Health Delivery System In The Health And Well-Being Of Justice-Involved Women: A Narrative Review, Sharla A. Smith, Glen P. Mays, Tracie C. Collins, Megha Ramaswamy

Health Management and Policy Faculty Publications

Background: Over seven million imprisoned and jailed women are released into the community each year and many are ill-equipped to meet the challenges of re-integration. Upon release into their community, women are faced with uncertain barriers and challenges using community services to improve their health and well-being and reuniting with families. Few studies have identified and described the barriers of the community health delivery system (CHDS)- a complex set of social, justice, and healthcare organizations that provide community services aimed to improve the health and well-being (i.e. safety, health, the success of integration, and life satisfaction) of justice-involved women ...


Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key 2019 University of Louisville

Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key

Laura Moyer

Although there is extensive scholarship on court-curbing efforts directed at the U.S. Supreme Court, much less is known about bills targeting the lower federal courts. This article argues that members of Congress also engage in position taking with respect to the U.S. Courts of Appeals, by proposing legislation to divide up the Ninth Circuit. Over seven decades, no other circuit has attracted as much court-curbing legislation as the Ninth Circuit, and yet no bill has succeeded. What accounts for this persistent focus on one court? We argue that bill sponsors are motivated primarily by electoral considerations and capitalize ...


Performing Spatial Justice, Ramona A. Radu 2019 The University of Western Ontario

Performing Spatial Justice, Ramona A. Radu

Electronic Thesis and Dissertation Repository

In Spatial Justice: Body, Lawscape, Atmosphere, Andreas Philippopoulos-Mihalopoulos introduces a theory of spatial justice that takes into consideration the agential capabilities of nonhuman legal actors. However, in an effort to decenter the human legal subject, Philippopoulos-Mihalopoulos argues that the co-constitutivity of law and space (the lawscape), as the site where (human and nonhuman) legal bodies take shape, cannot be mediated through the political. In response to this claim, I argue that spatial justice is an inherently political project, and I identify the practice of spatial justice (or performing spatial justice) as a means of understanding how to engage the political ...


The Opposite Of Punishment: Imagining A Path To Public Redemption, Paul H. Robinson, Muhammad Sarahne 2019 University of Pennsylvania Law School

The Opposite Of Punishment: Imagining A Path To Public Redemption, Paul H. Robinson, Muhammad Sarahne

Faculty Scholarship at Penn Law

The criminal justice system traditionally performs its public functions – condemning prohibited conduct, shaming and stigmatizing violators, promoting societal norms – through the use of negative examples: convicting and punishing violators. One could imagine, however, that the same public functions could also be performed through the use of positive examples: publicly acknowledging and celebrating offenders who have chosen a path of atonement through confession, apology, making amends, acquiescing in just punishment, and promising future law abidingness. An offender who takes this path arguably deserves official public recognition, an update of all records and databases to record the public redemption, and an exemption ...


Police Integrity Lost Podcast Episode 53: Explaining The 12.5 Years Prison Sentence For Former Minneapolis Police Officer Mohamed Noor, Philip M. Stinson 2019 Bowling Green State University

Police Integrity Lost Podcast Episode 53: Explaining The 12.5 Years Prison Sentence For Former Minneapolis Police Officer Mohamed Noor, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of BGSU Professor Phil Stinson by Phil Picardi of Minnesota Public Radio that originally aired on NPR's Morning Edition on June 7, 2019.


Unlabeled Drug Samples And The Learned Intermediary: The Case For Drug Company Liability Without Preemption, Susan Poser 2019 University of Nebraska - Lincoln

Unlabeled Drug Samples And The Learned Intermediary: The Case For Drug Company Liability Without Preemption, Susan Poser

Susan Poser

Discusses unlabeled drug samples and the learned intermediary. Presents the case for drug company liability without preemption.


The Ethics Of Implementation: Institutional Remedies And The Lawyer's Role, Susan Poser 2019 University of Nebraska - Lincoln

The Ethics Of Implementation: Institutional Remedies And The Lawyer's Role, Susan Poser

Susan Poser

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of ...


United States V. Steinmetz: The Legal Legacy Of The Civil War, Revisited, Susan Poser, Elizabeth R. Varon 2019 University of Nebraska - Lincoln

United States V. Steinmetz: The Legal Legacy Of The Civil War, Revisited, Susan Poser, Elizabeth R. Varon

Susan Poser

One of the enduring and yet unresolved issues concerning the Civil War is its legal nature: Was it an insurrection or an international war? During the war and since, the United States courts have repeatedly been called upon to determine the status of property which was under the control of the Confederacy and its agents during the Civil War. In the process of making such determinations, the courts have reopened questions about the war's legal status. United States v. Steinmetz is such a case.


Fair Practices In Hiring, Case Analyses, Susan Poser 2019 University of Nebraska - Lincoln

Fair Practices In Hiring, Case Analyses, Susan Poser

Susan Poser

Case analyses of fair practices in hiring in academia.


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers 2019 Notre Dame Law School

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that ...


Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr. 2019 University of Louisville

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a ...


Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett 2019 Dream On International, Africa and the United States

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal on Sexual Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of ...


The Treatment Of People With Mental Illness In The Criminal Justice System: The Example Of Oneida County, New York, Alexander Black '19, Kylie Davis '18, Kenneth Gray '20, Connor O'Shea '18, Alexander Scheuer '18, Samantha Walther '18, Nico Yardas '18, Frank M. Anechiarico, Ralph Eannace, Jennifer Ambrose 2019 Hamilton College

The Treatment Of People With Mental Illness In The Criminal Justice System: The Example Of Oneida County, New York, Alexander Black '19, Kylie Davis '18, Kenneth Gray '20, Connor O'Shea '18, Alexander Scheuer '18, Samantha Walther '18, Nico Yardas '18, Frank M. Anechiarico, Ralph Eannace, Jennifer Ambrose

Student Scholarship

This publication is two-fold: an executive summary and the report itself. The executive summary provides a general overview of the larger report, on the criminalization of the mentally ill. It begins by summarizing three case studies from the report that concern the intersection of mental health issues and the criminal justice system in Oneida County in New York State. It then provides a brief historical overview of mental health issues and the criminal justice system before going on to discuss the current best practices in addressing the criminalization of the mentally ill, including law-enforcement mechanisms, mental health courts, and reintegration ...


Next Generation Of Evidence Collecting: The Need For Digital Forensics In Criminal Justice Education, Scott H. Belshaw 2019 University of North Texas

Next Generation Of Evidence Collecting: The Need For Digital Forensics In Criminal Justice Education, Scott H. Belshaw

Journal of Cybersecurity Education, Research and Practice

Digital forensics poses significant challenges to law enforcement as the information found in a computer system is often present at most crime scenes in the form of computer data and cell phones. Digital evidence contained on common devices, such as cell phones and laptops, includes information that can be pertinent to the investigation of crimes. Law enforcement is increasingly identifying the need to be able to process their evidence internally warranting the exploration of the need for digital forensics training as part of a broader study of criminal justice for future law enforcement practitioners. This paper uses telephone surveys of ...


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