Law Commons^™

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Industry Groups In International Governance: A Framework For Reform, Melinda (M.J.) Durkee

Scholarship@WashULaw

The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate …

What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial

Faculty Scholarship

McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . …

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

Juvenile Delinquency: The Effectiveness Of The Juvenile Direct File Law, Kimberlee Nicole Taggart

Walden Dissertations and Doctoral Studies

The juvenile direct file law stands firm among Florida laws despite lacking research to show its effectiveness in the prevention of juvenile delinquency. In Florida, juvenile delinquency and the juvenile direct file law cause significant concern due to the uncertainty surrounding the law. The Florida juvenile justice system fosters a vital position in the lives of many children, young adults, and families. Florida’s direct file law has a negative impact on the health, mental health, education, and brain development of juveniles and their ability to separate from a criminal lifestyle. Identifying the direct file law’s effects on the future of …

International Military Peacekeepers And Sex Offenses Committed In The Central African Republic, Michael Tabung Njong

Walden Dissertations and Doctoral Studies

AbstractStudies have been conducted on the sexual offending of the local population by peacekeepers, but few have been conducted on the lived experience of professionals providing support and assistance to these victims. This qualitative phenomenological study was conducted to explore the lived experiences of experts providing support and assistance to victims of sex offenses committed in the Central African Republic by international military peacekeepers. The classical deterrence and retributive justice theories guided the study. Participants were recruited through snowball sampling and data collected through face-to- face interviews and analyzed using the Modified Van Kaam method. Two research questions were used …

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

The rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

AbstractThe rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

The ‘Hijacking’ Of The Scandinavian Journal Of Information Systems: Implications For The Information Systems Community [Opinion], Sune Dueholm Müller, Johan Ivar Sæbø

Copyright, Fair Use, Scholarly Communication, etc.

Journal hijacking, which refers to the attempted brand takeover of a journal by a third party, is a nascent threat confronting the information systems (IS) community, as evidenced by cybercriminals having established an online presence, masquerading as the Scandinavian Journal of Information Systems (SJIS). The SJIS hijacking damages the journal's reputation, leads to payment and publication scams, involves identity theft among unsuspecting IS researchers, and results in tarnished author reputations. Beyond SJIS, journal hijacking presents a threat, not only to the IS community, but also to science and academic integrity in general if researchers and readers cannot distinguish between fake …

Cultivating Health, Not Wealth In The United States' Healthcare System: Comprehensive Revisions For The Orphan Drug Act Of 1983, Kayla Smith

Regis University Student Publications (comprehensive collection)

This thesis explores the way in which the Orphan Drug Act of 1983, originally instituted in response to a lack of treatments for rare diseases in the United States of America, has failed to achieve its initial objectives in the 40 years since its implementation. In evaluating various successful examples of government subsidization programs designed to intervene in private industry, this thesis composes the criterion required for funding-based legislation which maximize market outcomes while minimizing tax-payer burden. An analysis of the synthetic organic chemistry industry – and a case study into the production of a particular orphan treatment for a …

Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole

Adultspan Journal

The scope of ‘women’s issues’ in counseling is an ever-evolving landscape. Recent events such as the reversal of Roe v. Wade and the disproportionate impact of COVID-19 on women serve as powerful reminders of the necessity of this focus while underscoring a deep-rooted history of oppressive patriarchal structures. Therefore, counselors must remain informed of the unique considerations surrounding adult women in counseling and acquire proficiency in versatile techniques to meet this population’s nuanced needs. This article examines the complexity of contemporary womanhood and explores the fundamentals of Feminist Counseling Theory (FCT), a holistic, multiculturally conscious, social justice theory in counseling. …

Editor’S Note, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

This special issue of Monsoon is dedicated to the studies honoring the goddess traditions in South Asia. The onset of the Monsoon Season in South Asia typically commences in June and continues until late August and early September. The publication of this issue, therefore, has been strategically timed to coincide with that season, which is a vital source of sustenance for millions of individuals in this part of the world. This anthology consisting of five papers—written by scholars with expertise in the field of goddess and women studies—speak unequivocally about the goddesses or women for their strength, beauty, wisdom, and …

Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta

Monsoon: South Asian Studies Association Journal

Worship of the goddess Padmāvatī emerged more than a thousand years ago. This article explores three songs about her in Gujarati by Paṇḍit Vīrvijayajī (1773-1852). By analyzing the style and form of his work, one learns a great deal about devotional liturgies that commemorate goddess Padmāvatī’s protection of the Jina Pārśvanātha and, in turn, his protection of her.

Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar

Monsoon: South Asian Studies Association Journal

Mai Bhago (1670-1720), also known as Bhag Kaur, distinguished herself on the battlefield to defend the Sikh faith. Amrita Devi Bishnoi (d. 1730) is said to have sacrificed her life with 362 others to protect the Khejari trees in the Rajasthan desert. Both women continue to inspire social justice and ecological activism.

Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok

Monsoon: South Asian Studies Association Journal

Stitch art allows for the creative expression and economic support of countless women throughout India. This article examines four notable styles: chikankari, flora and fauna stitched in white thread on fine white cotton, rabari, the stitching of mirrors into colorful cloth, phulkari, resplendent flowery motifs sewn into shawls in Punjab, and kantha, Bengali patch work yielding quilts and seating mats. In addition to describing each technique, this article discusses how women have been economically empowered through this art by such organizations as Self-Help Enterprise (SHE) in Kolkata and Adithi, a women’s cooperative, in Bihar.

The Summary Judgment Revolution That Wasn't, Jonathan R. Nash, D. Daniel Sokol

Faculty Articles

The U.S. Supreme Court decided a trilogy of cases on summary judgment in 1986. Questions remain as to how much effect these cases have had on judicial decision-making in terms of wins and losses for plaintiffs. Shifts in wins, losses, and what cases get to decisions on the merits impact access to justice. We assemble novel datasets to examine this question empirically in three areas of law that are more likely to respond to shifts in the standard for summary judgment: antitrust, securities regulation, and civil rights. We find that the Supreme Court’s decisions had a statistically significant effect in …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

Build A Career That Aligns With Your Passions, Ashley A. Ahlbrand

Articles by Maurer Faculty

When I was wrapping up my final semester of law school, I was fretting about what I would do next. The job market for new attorneys had tanked, less than half of my classmates had job offers lined up, I had no connections of my own that I could work, and worse, I still didn’t know what I wanted to be when I grew up. Expressing my anxiety to our school’s Westlaw rep at the time, she asked me to reflect on my favorite parts of law school. That was easy: I loved any class where I could write a …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker

Scripps Senior Theses

American policymakers utilize valence framing, purposeful descriptions of outcomes as positive or negative, to influence the opinions of voters while maintaining the moral superiority felt by many citizens in the liberal Western hegemon. This study intended to combine the political theories of Constructivism and Realism to form Constructive Realism, a theory that emphasizes the significance of state power and norms as joint influences on constituents. Constructive realism was then applied to four case studies – the UN Security Council, International Criminal Court, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women. This study …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Juvenile Delinquency: The Effectiveness Of The Juvenile Direct File Law, Kimberlee Nicole Taggart

Walden Dissertations and Doctoral Studies

The juvenile direct file law stands firm among Florida laws despite lacking research to show its effectiveness in the prevention of juvenile delinquency. In Florida, juvenile delinquency and the juvenile direct file law cause significant concern due to the uncertainty surrounding the law. The Florida juvenile justice system fosters a vital position in the lives of many children, young adults, and families. Florida’s direct file law has a negative impact on the health, mental health, education, and brain development of juveniles and their ability to separate from a criminal lifestyle. Identifying the direct file law’s effects on the future of …

Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.

Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …

Redlining And Opioid Overdose Outcomes: Do Historical Housing Policies Still Impact Health Today?, Sahana Paravantavida

Honors Theses

This study examines the relationship between historical housing policies and current health outcomes, specifically the impact of redlining on opioid overdose rates. Using data collected from the state of New Jersey, neighborhoods with a history of redlining have higher rates of opioid overdose deaths. My findings suggest that historical housing policies, which systematically excluded certain populations from accessing affordable housing and resources, continue to impact health outcomes today.

The Impact Covid-19 On The Healthcare Industry’S Systems And Policies: A Case Study, Jameyshia Franklin

West Chester University Doctoral Projects

People worldwide experienced some impacts from the 2019 Coronavirus at various degree. The healthcare industry worldwide was significantly affected by the high volume of patients being infected with the Coronavirus. The COVID-19 virus brought on several challenges for the healthcare industry and the federal government in the United States. Hospitals operated under severe circumstances to treat sick COVID-19 patients and keep their employees safe from contracting the disease. Government mandated social distancing, mask wearing, and cancelation and closing of services to assist with stopping the spread of the virus. This study aimed to identify how the pandemic affected the healthcare …

Annual Report: Fy 2023 Quality Of Kerosene And Motor Fuel In Tennessee, Tennessee. Department Of Agriculture

Annual Reports on Kerosene & Motor Fuel Quality

The annual report provides data on the effectiveness of the 1989 Kerosene and Motor Fuels Quality Inspection Act, consumer complaints, inspection data, and summary of enforcement.