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Articles 241 - 270 of 322
Full-Text Articles in Law
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Scholarly Works
Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown
Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown
Law Librarian Scholarship
The COVID-19 pandemic brought into focus that outdoor activities in natural settings have a positive impact on mental health, and individuals participating in outdoor activity report higher rates of emotional well-being than individuals who do not participate in such activity. Biophilic design is an architectural practice that aims to connect people to nature through design concepts with one of the benefits being psychological. Other benefits of biophilic design include improvements to environmental quality, physical health, support of animal species and habitats, and more resilient and energy-efficient cities.
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
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
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 …
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
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 …
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale
Education Division Scholarship
This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …
Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller
Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller
Social Work Theses
The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …
Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd
Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd
The Journal of the Michigan Dental Association
The article discusses the rise of telehealth in the last three years and its implications for dentistry, focusing on recent rulemaking by the Michigan Board of Dentistry. The regulations address key aspects such as definitions, informed consent, scope of practice, and prescribing medications. Dentists must comply with HIPAA and state/federal privacy regulations when using telehealth. Notably, the rules restrict teledentistry delegation to allied personnel after an in-person visit within 24 months. The article emphasizes the importance of understanding and following these regulations for legal telehealth use, reimbursement, and malpractice coverage. The Michigan Dental Association advocates for sensible teledentistry laws to …
The Development Of Homicidal Behavior In Relation To Life-Course Theory, Rebekah Jensen
The Development Of Homicidal Behavior In Relation To Life-Course Theory, Rebekah Jensen
Regis University Student Publications (comprehensive collection)
This paper examines the role of life-course theory in order to explain the relationship between individuals developing violent behavior and committing murder. By incorporating evidence from case studies, documentaries, and various forms of criminological literature, I discuss how the development of violent behavior through exposure to risk factors increases the likelihood of developing homicidal behavior. In Chapter 1, I seek to establish this correlation by narrowing the risk factors down to three categories: antisocial behavior, low self-control, and normalization of violence. To further support this correlation, I utilize control theories and learning theories which focus on the development of homicidal …
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …
Strictly Intersectional Scrutiny: A Recommendation For Transforming The Epc To Highlight Queer Black Women, Kayla M. Richardson
Strictly Intersectional Scrutiny: A Recommendation For Transforming The Epc To Highlight Queer Black Women, Kayla M. Richardson
Undergraduate Honors Theses
The purpose of this thesis is to explore the interpretation of the Equal Protection Clause by the Supreme Court of the United States (SCOTUS) and how this interpretation can become more intersectional for Black queer women. This question is explored within the scope of two theoretical frameworks: Derrick Bell’s theory of interest convergence and Kimberlé Crenshaw’s theory of intersectionality. This project examines whether any factors compel SCOTUS to be more intersectional in its approach to the Fourteenth Amendment. Simultaneously, this study also considers what social contexts make SCOTUS more likely to focus on the interests of the oppressor, a demographic …
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Tamar Megiddo
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Tamar Megiddo
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 …
Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson
Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson
Faculty Articles
Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and …
Do Americans Support More Housing?, Michael Lewyn
Do Americans Support More Housing?, Michael Lewyn
Scholarly Works
An analysis of opinion poll data on housing issues. The article finds that Americans generally believe that their community needs more housing of all types, but are more closely divided about whether such housing should be in their own neighborhoods. The article further finds that members of minority groups, lower-income Americans, and younger Americans are more pro-housing than older, affluent whites.
Racial Bias Within Capital Punishment: Instructional Comprehension, Marcus Gadsden
Racial Bias Within Capital Punishment: Instructional Comprehension, Marcus Gadsden
Honors Projects
This dissertation examines the existence of racial bias within capital punishment. Since colonial times discriminatory death sentencing has impacted racial minorities, and despite living in a post-colonial epoch, the United States Justice system continues to produce alarming racial disparities. Consequently, both law reviews and social science journals indicate that race remains a significant factor in criminal trials. So, to what extent does racial bias influence capital punishment trials? Given that it does exist, how can it be alleviated? Through a statistical/qualitative analysis of psychological studies, Supreme Court cases, and jury instructions, this dissertation suggests that implicit cognitive bias continues to …
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Tenor of Our Times
The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
CMC Senior Theses
This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …
Voting Under The Federal Constitution, Travis Crum
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 …
Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra
Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra
MSU Graduate Theses
I knew from a young age that I never wanted children. Whenever I expressed my disinterest in motherhood, I was often met with bewilderment, disapproval, and hostility. The church I was raised in taught me that my value and worth as a woman directly correlated with the power of my birthing hips. This fundamentalist upbringing has significantly shaped my relationship with my femininity, my body, and my artwork. When I feel powerless, turning to my art gives me a sense of control and self-expression. This body of work began as a reaction to the overturning of Roe v. Wade and …
Comparative Analysis Of Prosecutor-Led Diversion Programs: Insights To Japan’S Suspension Of Prosecution For Recidivism Prevention, Mio Hagino
LL.M. Essays & Theses
Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges. …
Criminal Subsidiaries, Andrew K. Jennings
Criminal Subsidiaries, Andrew K. Jennings
Faculty Articles
Corporate groups comprise parent companies and one or more subsidiaries, which parents use to manage liabilities, transactions, operations, and regulation. Those subsidiaries can also be used to manage criminal accountability when multiple entities within a corporate group share responsibility for a common offense. A parent, for instance, might reach a settlement with prosecutors that requires its subsidiary to plead guilty to a crime, without conviction of the parent itself—a subsidiary-only conviction (SOC). The parent will thus avoid bearing collateral consequences—such as contracting or industry bars—that would follow its own conviction. For the prosecutor, such settlements can respond to criminal law’s …
Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel
Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel
STEMPS Faculty Publications
This chapter provides practical advice and reasons for school leaders to support students' intellectual freedom through their support of school libraries and school librarians. The chapter begins with a short but critical literature review that includes case law on the topic of censorship in schools. The concerns of teachers and librarians from a recent study are summarized and help build the foundation for practical and ready to use advice for any school leaders to uphold the intellectual freedom of all students.
Contract-Wrapped Property, Danielle D'Onfro
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 …
The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin
The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin
Faculty Scholarship
Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that …
False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin
False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin
Faculty Scholarship
According to the popular culture of criminal trials, skillful cross-examination can reveal the whole “truth” of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration—that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an …
Recruiting The Right Candidate, Cynthia Bassett
Recruiting The Right Candidate, Cynthia Bassett
Faculty Publications
The market for hiring a law librarian has changed significantly over the last few years. Those on both sides of the equation are a little uncertain about the whole process, wondering when the job search should start, how much to expect in pay, and what aspects of a position are up for discussion. The challenge of a limited pipeline of law librarians requires new approaches to recruiting.
How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein
How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein
Emerging Writers
This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Amici Briefs
This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …
From Streets To Stats: A Statistical Analysis Of The Quantity Of Illegal Narcotics Seized In The United States, Zachary T. Strickland
From Streets To Stats: A Statistical Analysis Of The Quantity Of Illegal Narcotics Seized In The United States, Zachary T. Strickland
Tenor of Our Times
This study aims to determine how seven different variables affect the total quantity of illegal narcotics seized. These seven variables include four dichotomous and three continuous variables, each striving to teach readers how they relate to the quantity of narcotics seized across specific states. My goal for this project is to figure out if there is any relationship to help law enforcement fight the war on drugs. With the continuing apparent rise of this war, this study is crucial in determining potential relationships between a state's characteristics and the quantity of illegal narcotics they forcibly take possession of. I further …
Policy Brief, Zachary Owen
Policy Brief, Zachary Owen
Dean's Award for Excellence in Undergraduate Scholarship
The US grapples with a housing crisis, exacerbated in part by a shortage of conventional mortgage loans. Data from 2020 reveals a severe racial disparity, with 27.1% of Black mortgage applicants denied compared to only 13.6% of White mortgage applicants. These denial trends are highly correlated with homeownership rates. Current trends in homeownership by race mirror or exceed those present during the discriminatory practices of the 1960s. Lenders often cite low credit scores and high debt-to-income ratios as grounds for denial. Therefore, proposed solutions include mandating the inclusion of rental payment history in credit scores, offering free homebuying education, and …