Who Writes Criminal Laws? Actors, Values, and Institutions in Criminal Law-Making / Wer schreibt das Strafrecht? Akteure, Werte und Institutionen der Strafrechts-gesetzbegung

2014 ◽  
Vol 34 (1-2) ◽  
Author(s):  
Andrew Hammel
Keyword(s):  
Criminal Law ◽  
Structural Difference ◽  
State Level ◽  
The United States ◽  
Expert Control ◽  
Nation States ◽  
Historical Factors ◽  
Penal Law ◽  
The U.S ◽  
Law Making

AbstractThe responses of the U.S. and Europe to increased crime from the 1960s to the 1990s differed starkly: the U.S. enacted a punitive agenda, while penal polity and incarceration rates in Western (and Eastern) Europe remained gener­ally stable. To explain this divergence, many commentators invoke cultural or historical factors such as America’s ‘frontier mentality” or Calvinist religious heritage. This article proposes another focus: differing cultures of criminal law-making. During the Enlightenment, a pattern of expert control over penal law emerged in most European nation-states. The pattern still holds - even today, major changes to penal polity are still entrusted to groups of elite professors, jurists and senior civil servants, who create coherent codes covering the entire national territory. In the United States, no tradition of expert control took hold. Criminal law is made at the state level, there is little emphasis on logical code-drafting and shifting local majorities can pass new criminal laws almost at will This structural difference in who writes criminal laws has far-reaching effects not only on the how crime is defined, but on other factors such as public expectations of the criminal justice system and the values penal legislation is thought to express.

Human Trafficking, Immigration Regulation, and Subfederal Criminalization

2017 ◽  
Vol 20 (1) ◽  
pp. 96-129 ◽  
Author(s):  
Jennifer M. Chacón
Keyword(s):  
State Level ◽  
The United States ◽  
Trafficking In Persons ◽  
International Regulation ◽  
The Past ◽  
Women And Children ◽  
Comparative Treatment ◽  
Systemic Problems ◽  
Trafficking Victims ◽  
The U.S

In the fifteen years since the enactment of the Trafficking Victims Protection Act—the U.S. legislation implementing the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children—every state in the United States has enacted its own, state-level antitrafficking law. This paper presents a multistate survey of state-level antitrafficking laws and the criminal prosecutions that have been conducted pursuant to those over the past decade. The comparative treatment of noncitizens and citizens in antitrafficking prosecutions is of particular concern. This research reveals that while subfederal implementation of antitrafficking laws has the potential to complement stated federal and international antitrafficking objectives, it also has the power to subvert and undermine those goals. State-level enforcement both mirrors and amplifies some of the systemic problems that arise when the criminal law is used as a tool to combat trafficking, including the manipulation of antitrafficking tools and rhetoric to perpetuate racial subordination and migrant criminalization. Ultimately, this research offers broader theoretical insights into the promises and pitfalls of overlapping criminal jurisdiction both within federalist systems and within frameworks of international regulation.

scholarly journals Analysis of Determinants Affecting Organic Production: State Evidence from the United States

2022 ◽  
Vol 14 (1) ◽  
pp. 503
Author(s):  
Yongrui Hou ◽  
Tianyuan Luo ◽  
Jing Hao
Keyword(s):  
Organic Farming ◽  
Organic Agriculture ◽  
Large Population ◽  
State Level ◽  
The United States ◽  
Organic Production ◽  
Vegetable Production ◽  
Multiple Sources ◽  
Wide Range ◽  
The U.S

As the demand for organic products quickly grows in the U.S., the domestic supply of organic commodities has stagnated and failed to meet the increasing needs. To expand the organic supply capacity in the country, it is crucial to identify the key factors that could effectively promote the scale of organic farming in the U.S. Using a multivariate analytic model and state level data from multiple sources and years, this study examines a wide range of determinants that could affect organic agriculture. The results show that research funding would significantly increase organic vegetable production and the number of organic farms. The development of organic farming could be greatly encouraged by the support of research institutions. In addition, the evidence shows that abundant farm workers are essential for the organic farming sector, which is labor-intensive. Finally, a large population base could create a more stable consumer group that would promote the development of organic agriculture. These results suggest the importance of exploring and expanding consumer groups for organic commodities. These findings provide insightful implications that research support, labor availability, and a solid consumer base are crucial to boost the organic sector in the U.S. and other countries.

Looking for Rights in All the Wrong Places

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
State Level ◽  
The United States ◽  
State Governments ◽  
Constitutional Rights ◽  
State Constitutions ◽  
Positive Rights ◽  
History Of ◽  
Constitutional Tradition ◽  
Fundamental Values ◽  
The U.S

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. This book argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the U.S. Constitution. The book shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. This book looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding light on the variety of reasons that activists pursued the creation of new state-level rights, the book challenges us to rethink our most basic assumptions about the American constitutional tradition.

“Razas no gratas” and the Color Bar at the Border

2017 ◽  
Author(s):  
Julian Lim
Keyword(s):  
Jim Crow ◽  
Chinese Immigrants ◽  
The United States ◽  
Immigration Policies ◽  
Racial Ideologies ◽  
Nation States ◽  
Fresh Perspective ◽  
Mexico Border ◽  
National Boundaries ◽  
The U.S

This chapter examines the hardening of the border during the 1920s and 1930s, and the more expansive racially restrictive immigration regimes that developed from both sides of the border. As the United States shifted its focus from excluding Chinese immigrants to targeting Mexicans, Mexico enacted its own set of immigration policies to marginalize and bar Chinese and African-American movement to Mexico. Using NAACP papers, government correspondence, and immigration records from both U.S. and Mexican archives, this chapter provides a fresh perspective on the experiences of African Americans in Texas who felt the double blow of exclusion at the U.S.-Mexico border: the exclusions of Jim Crow and Mexico’s indigenismo. Providing a more integrated understanding of Chinese, black, and Mexican experiences at the border, the chapter ultimately emphasizes the shared venture between the Mexican and U.S. nation-states in controlling race, immigration, and the nation during the first half of the twentieth century. As racial ideologies and immigration policies migrated across national boundaries, it became more difficult for racialized bodies to do the same. And not only was their multiracial presence physically marginalized within the landscape of the borderlands, they were removed altogether from the nation’s identity and history.

Art Loans and Immunity from Seizure in the United States and the United Kingdom

2010 ◽  
Vol 17 (2) ◽  
pp. 335-359 ◽  
Author(s):  
Lawrence M. Kaye
Keyword(s):  
United States ◽  
United Kingdom ◽  
World War Ii ◽  
State Level ◽  
The United States ◽  
Good Faith ◽  
Russian Revolution ◽  
World War ◽  
The United Kingdom ◽  
The U.S

AbstractSome countries' laws favoring good-faith purchasers over the victims of theft make it difficult to recover stolen artworks. Nonetheless, the loan of such artworks for exhibition abroad may create opportunities to utilize the host country's legal system for recovery. This article examines representative cases illustrating legal options available to plaintiffs in the United States and the United Kingdom. In the United States, laws at the federal and state level may prevent the seizure of artworks loaned for temporary exhibition, but recent cases show that immunity is not absolute and that such artworks may be subject to suit in the United States. The United Kingdom recently enacted a similar law. That law, however, has been criticized, and future interpretations by U.K. courts will be needed before its true affect can be seen. The article also discusses the backgrounds against which the U.S. and U.K. laws were enacted, illustrating the link between the laws and Russian concerns about protecting cultural artifacts that were nationalized after the Russian Revolution or taken by Soviet troops during World War II.

scholarly journals Environmental Assessment and Sustainable Development in the United States

Energies ◽  
2021 ◽  
Vol 14 (4) ◽  
pp. 1180
Author(s):  
Toshiyuki Sueyoshi ◽  
Youngbok Ryu
Keyword(s):  
Sustainable Development ◽  
Performance Measures ◽  
Environmental Assessment ◽  
Environmental Protection Agency ◽  
Environmental Performance ◽  
State Level ◽  
The United States ◽  
Performance Measure ◽  
Political Transitions ◽  
The U.S

This study aims to overview the U.S. sustainable development by measuring the environmental performance of 50 states over the period of 2009–2018. To attain the objective, we employ data envelopment analysis for environmental assessment where we prioritize the minimization of CO2 emissions first and the maximization of gross state product later under the concept of managerial disposability (i.e., an environment-based performance measure). Then, we examine how the state-level environmental performance measures are associated with their political and spatial contexts. For the purpose, we conduct the Kruskal-Wallis rank sum test across groups of states characterized by their political transitions in the presidential and gubernatorial elections and defined by the regions of the U.S. Economic Development Administration and Environmental Protection Agency. Based on our empirical results, we find that (a) overall environmental performance has gradually enhanced over time, (b) there are statistically significant differences in the environmental performance measures along with the political transitions, and (c) states on both coasts have outperformed those of the middle in the measurement.

scholarly journals Non-Pharmaceutical Interventions and COVID-19 Burden in the United States

2021 ◽  
Author(s):  
Michael J. Ahlers ◽  
Hilary J. Aralis ◽  
Wilson L. Tang ◽  
Jeremy B. Sussman ◽  
Gregg C. Fonarow ◽  
...  
Keyword(s):  
Generalized Linear Models ◽  
Linear Models ◽  
Relative Effectiveness ◽  
State Level ◽  
The United States ◽  
Mitigation Strategies ◽  
Mortality Data ◽  
The U.S ◽  
Pharmaceutical Interventions ◽  
At Home

ABSTRACTBackgroundNon-pharmaceutical interventions (NPIs) are mitigation strategies used to reduce the spread of transmissible diseases. The relative effectiveness of specific NPIs remains uncertain.MethodsWe used state-level Coronavirus disease 2019 (COVID-19) case and mortality data between January 19, 2020 and March 7, 2021 to model NPI policy effectiveness. Empirically derived breakpoints in case and mortality velocities were used to identify periods of stable, decreasing, or increasing COVID-19 burden. The associations between NPI adoption and subsequent decreases in case or death velocities were estimated using generalized linear models accounting for weekly variability shared across states. State-level NPI policies included: stay at home order, indoor public gathering ban (mild >10 or severe ≤10), indoor restaurant dining ban, and public mask mandate.Results28,602,830 cases and 511,899 deaths were recorded. The odds of a decrease in COVID-19 case velocity were significantly elevated for stay at home (OR 2.02, 95% CI 1.63-2.52), indoor dining ban (OR 1.62, 95% CI 1.25-2.10), public mask mandate (OR 2.18, 95% CI 1.47-3.23), and severe gathering ban (OR 1.68, 95% CI 1.31-2.16). In mutually adjusted models, odds remained elevated for stay at home (AOR 1.47, 95% CI 1.04-2.07) and public mask mandate (AOR = 2.27, 95% CI 1.51-3.41). Stay at home (OR 2.00, 95% CI 1.53-2.62; AOR 1.89, 95% CI 1.25-2.87) was also associated with greater likelihood of decrease in death velocity in unadjusted and adjusted models.ConclusionsNPIs employed in the U.S. during the COVID-19 pandemic, most significantly stay at home orders, were associated with decreased COVID-19 burden.

Gubernatorial, Senatorial, and State-level Presidential Job Approval: The U.S. Officials Job Approval Ratings (JAR) Collection

2002 ◽  
Vol 2 (3) ◽  
pp. 215-229 ◽  
Author(s):  
Thad Beyle ◽  
Richard G. Niemi ◽  
Lee Sigelman
Keyword(s):  
United States ◽  
Presidential Election ◽  
Rating Scales ◽  
State Level ◽  
The United States ◽  
Presidential Approval ◽  
Approval Ratings ◽  
Job Approval ◽  
The U.S ◽  
Over Time

Job approval ratings for state governors, unlike those for the United States president, have been relatively inaccessible to political scientists. We introduce the U.S. Officials Job Approval Ratings (JAR) dataset, a new compilation of gubernatorial job approval ratings—along with senatorial and state-level presidential ratings—that draws together many of these ratings, beginning with the first published rating in 1947 and extending through 2000. We describe some of the characteristics of these data, especially the kinds of rating scales used and their impact on overall approval assessment. We then show that 1993–2000 presidential approval levels varied widely from state to state and are correlated with state-level support for Clinton in the 1996 presidential election. Finally, we note that while gubernatorial approval often declines over time, many governors remain popular over the length of their term.

State Implementation of the Sex Offender Registration and Notification Act

2017 ◽  
Vol 18 (1) ◽  
pp. 24-47
Author(s):  
Andrew J. Harris ◽  
Scott Walfield ◽  
Christopher Lobanov-Rostovsky ◽  
Michelle A. Cubellis
Keyword(s):  
United States ◽  
Title I ◽  
Child Protection ◽  
Sex Offender ◽  
State Level ◽  
The United States ◽  
Multidimensional Analysis ◽  
Department Of Justice ◽  
Sex Offender Registration ◽  
The U.S

The 2006 Sex Offender Registration and Notification Act (SORNA), Title I of the Adam Walsh Child Protection and Safety Act, established federal standards related to the content and operation of sex offender registration and notification systems across the United States. As of early 2017, over a decade following passage, 18 of 50 states had been designated by the U.S. Department of Justice (DOJ) as having substantially implemented SORNA—figures that might be initially interpreted as indicators of a failed policy. Yet a closer analysis suggests that SORNA implementation is complex and multifaceted and that viewing the policy’s “success” through such a binary prism may be inherently limited. In this context, the current study offers a multidimensional analysis of state-level SORNA implementation based on data abstracted from DOJ records. Findings indicate that many aspects of SORNA have been universally or widely implemented, that most states have adopted policies that are consistent with a majority of SORNA standards, and that barriers to SORNA implementation are concentrated among a limited subset of issues, notably those related to retroactive application, registration of juveniles, and means of classifying registrants. Implications for state and federal policy governing sex offender registration are discussed.

scholarly journals GCAM-USA v5.3_water_dispatch: Integrated modeling of subnational U.S. energy, water, and land systems within a global framework

2021 ◽  
Author(s):  
Matthew Binsted ◽  
Gokul Iyer ◽  
Pralit Patel ◽  
Neal Graham ◽  
Yang Ou ◽  
...  
Keyword(s):  
United States ◽  
Land Use ◽  
State Level ◽  
Energy System ◽  
The United States ◽  
Source Model ◽  
Socioeconomic Drivers ◽  
Land Systems ◽  
Model Features ◽  
The U.S

Abstract. This paper describes GCAM-USA v5.3_water_dispatch, an open source model that represents key interactions across economic, energy, water, and land systems in a consistent global framework, with subnational detail in the United States. GCAM-USA divides the world into 31 geopolitical regions outside the United States (U.S.) and represents the U.S. economic and energy systems in 51 state-level regions (50 states plus the District of Columbia). The model also includes 235 water basins and 384 land-use regions; 23 of each fall at least partially within the United States. GCAM-USA offers a level of process and temporal resolution rare for models of its class and scope, including detailed subnational representation of U.S. water demands and supplies and sub-annual operations (day/night for each month) in the U.S. electric power sector. GCAM-USA can be used to explore how changes in socioeconomic drivers, technological progress, or policy impact demands for, and production of, energy, water, and crops at a subnational level in the United States, while maintaining consistency with broader national and international conditions. This paper describes GCAM-USA’s structure, inputs, and outputs, with emphasis on new model features. Four illustrative scenarios encompassing varying socioeconomic and energy system futures are used to explore subnational changes in energy, water, and land-use outcomes. We conclude with information about how public users can access the model.

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