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Articles 4381 - 4410 of 4934
Full-Text Articles in Entire DC Network
Federalization's Folly, Stephen F. Smith
Federalization's Folly, Stephen F. Smith
Journal Articles
Overcriminalization and overpunishment are the two key features of federal criminal law today, yet the constant drumbeat to “federalize” criminal law has accomplished precious little in terms of public safety. The failed drug war proves as much: federal prosecutors have filled the nation’s prisons with low-level drug dealers and drug users serving long sentences, but drugs remain widely available at greater purity and lower prices throughout the land — and drug overdoses are at record highs. Instead of focusing on areas of federal comparative advantage, such as terrorism, international drug trafficking, and organized crime, federal prosecutors waste scarce resources “playing …
Self-Reported Malingering: Prevalence, Strategies, And Decision Making, Bethany Linn Hall Wellman
Self-Reported Malingering: Prevalence, Strategies, And Decision Making, Bethany Linn Hall Wellman
Theses and Dissertations
Objective: Malingering is intentional fabrication or exaggeration of physical or mental symptoms for the purpose of gaining an external incentive, whether it be for a reward or a gain of some sort or avoidance of an unwanted outcome (Gorman, 1982). Understanding malingering behaviors for accurate identification is of vital importance due to both the economic burden on health care corporations, workers compensation and disability services when malingering goes unidentified, as well as the harm caused to individuals with genuine symptoms falsely suspected of malingering. Greater understanding of malingering practices to help improve resources for correct identification is an area within …
Shame And Guilt: The Good, The Bad, And The Ugly, Raika Sadeghein
Shame And Guilt: The Good, The Bad, And The Ugly, Raika Sadeghein
Graduate Theses, Dissertations, and Problem Reports (ETD)
In the past few decades, we have witnessed a growing body of literature on emotions in the consumer behavior domain. Emotions are defined as “mental states of readiness that arise from appraisals of events or one’s own thoughts” (Bagozzi, Gopinath, & Nyer, 1999, p. 184). Marketers have examined the role of emotions as stimuli, mediators, moderators, and responses to the environment. The broad topic of emotions includes subtopics such as impact of emotions on consumption, attitudes, and behavioral intentions, emotional responses to market stimuli, and the impact of emotions on cognition. However, although the study of emotions is pivotal to …
Framing Effects On Fear Of Terrorism And Willingness To Sacrifice Civil Liberties, Ellory Ruth Dabbs
Framing Effects On Fear Of Terrorism And Willingness To Sacrifice Civil Liberties, Ellory Ruth Dabbs
Graduate Theses, Dissertations, and Problem Reports (ETD)
The purpose of this research was to determine whether differences in the way the media frames an act of violence leads to different reactions by consumers. In particular, it was hypothesized that the ideology and race of the perpetrator would lead to differences in perceptions of whether or not the attack was terrorism. A vignette-style experiment was performed using respondents recruited via MTurk. Four versions of the vignette were evenly distributed to 441 respondents, changing whether the frame contained a photo, the ideology, and the name of the perpetrator. Using measures of fear from this data it was then investigated …
Collective Rights And The Fourth Amendment After Carpenter, David Gray
Collective Rights And The Fourth Amendment After Carpenter, David Gray
Maryland Law Review
No abstract provided.
Police Contact And The Legal Socialization Of Urban Teens, Jeffrey A. Fagan, Amanda Geller
Police Contact And The Legal Socialization Of Urban Teens, Jeffrey A. Fagan, Amanda Geller
Faculty Scholarship
Contemporary American policing has routinized involuntary police contacts with young people through frequent, sometimes intrusive investigative stops. Personal experience with the police has the potential to corrode adolescents’ relationships with law and skew law-related behaviors. We use the Fragile Families and Child Wellbeing Study to estimate how adolescents’ experiences with the police shape their legal socialization. We find that both personal and vicarious police contact are associated with increased legal cynicism. Associations are present across racial groups and are not explained by teens’ behaviors, school settings, or family backgrounds. Legal cynicism is amplified in teens reporting intrusive contact but diminished …
Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo
Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo
Faculty Scholarship
Richard Fallon likely did not plan the publication of this book to coincide with the aftermath of the Kavanaugh hearings or the phrase “Obama judges or Trump judges, Bush judges or Clinton judges.” After all, the author has been writing about legitimacy and the law for over a decade, and this book brings together many of his ideas in previously published law review articles. But the timing could not be better, all the more so for young scholars or those otherwise new to Fallon’s writings who will appreciate an accessible account for why and when Supreme Court decisions merit legitimacy …
The Master’S Tools Will Never Dismantle The Master’S House: Kavanaugh’S Confirmation Hearing And The Perils Of Progressive Punitivism, Hadar Aviram
Faculty Scholarship
No abstract provided.
Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy
Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy
Scholarship@WashULaw
This essay analyzes the challenges to legal education and what those challenges may mean both to clinical legal education and to clinical scholarship. Since the Great Recession, several law schools have closed, some have merged, and still other law schools approved by the American Bar Association (ABA) have been found out of compliance with ABA Accreditation Standards and either have been directed to take specific remedial action, have been placed on probation, or have lost ABA-approval. While enrollment has rebounded at some law schools, other law schools have continued to experience much smaller entering classes than the entering class in …
Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy
Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy
Scholarship@WashULaw
This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.
Corporate Stewardship, Danielle D'Onfro
Corporate Stewardship, Danielle D'Onfro
Scholarship@WashULaw
Harnessing strategies both ancient and modern — hostages, surety, gatekeepers, and blame — this Article proposes a new tool for achieving more efficient corporate compliance. It begins with the premise that a handful of well-known factors, including agency costs, misaligned time-horizons, cognitive biases, and insufficiently deterrent legal regimes sometimes cause companies to ignore important public safety obligations even when those obligations are cost-effective and welfare-maximizing. The result is systemic undercompliance with certain regulatory obligations. Despite the seriousness of this problem, currently available options for motivating compliance mostly fail to make public-safety regulations sufficiently salient to the individuals who perform the …
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Scholarship@WashULaw
Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …
Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner
Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner
Scholarship@WashULaw
Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …
North Carolina Department Of Motor Vehicles Administrative Procedures
North Carolina Department Of Motor Vehicles Administrative Procedures
Campbell Law Review
No abstract provided.
A Multiple Case-Study Approach To Examine Police Officers Perceptions On Narcan® Policies, Casey Gnann
A Multiple Case-Study Approach To Examine Police Officers Perceptions On Narcan® Policies, Casey Gnann
Theses and Dissertations
In October 2017, President Trump officially declared the opioid epidemic to be a public health emergency. Reports from the CDC indicate that over 140 Americans die per day as a result of an opioid overdose (NPR, 2017). This statistic alone highlights the tragic effects of the current opioid climate. To date, an abundance of research has been conducted on opioid addicts, family members, doctors approach to addiction, etc. However, there is a gap in the research regarding law enforcement officers and their ever-changing role in the fight against opioids. As the opioid epidemic has continued to worsen, many law enforcement …
The Twelve Beneficiaries Of Legalized Sports Betting: An Exploratory Assessment, Sam Fullerton, Michael Mccall, Ronald Dick
The Twelve Beneficiaries Of Legalized Sports Betting: An Exploratory Assessment, Sam Fullerton, Michael Mccall, Ronald Dick
AMTP Proceedings 2019
The 2018 ruling by the United States Supreme Court essentially legalized sports betting across the nation. Prior to that ruling, sports books were restricted by virtue of the Professional and Amateur Sports Protection Act (PASPA). But with that landmark 6-3 decision, the opportunity door for sports betting has been opened for all 50 states. This paper focuses on two considerations regarding the opening of that door. Who are the potential beneficiaries and what benefits might they derive? A review of the literature identified twelve beneficiaries; among these beneficiaries are the teams, organizations, fans, sponsors, bettors, and society-in-general. The majority of …
Neuroscience And The Personalization Of Criminal Law, Deborah W. Denno
Neuroscience And The Personalization Of Criminal Law, Deborah W. Denno
Faculty Scholarship
While objective standards of reasonableness permeate most legal disciplines, criminal law has trended toward personalization since the 1960s, when the Model Penal Code introduced conceptions of mental states based on Freudian psychoanalytic theory. Today, advancements in neuroscience offer previously inconceivable insights into living brain structures and damage. This Essay contends that a criminal justice system that uses personalizing neuroscientific evidence will yield better outcomes. This Essay contributes two unique tools to the personalized law debate. First are the results of my two-decade-long Neuroscience Study, in which I have compiled eight hundred criminal cases that addressed neuroscientific evidence in any capacity. …
Federal Courts' Supervisory Authority In Federal Criminal Cases: The Warren Court Revolution That Might Have Been, Bruce A. Green
Federal Courts' Supervisory Authority In Federal Criminal Cases: The Warren Court Revolution That Might Have Been, Bruce A. Green
Faculty Scholarship
No abstract provided.
Backdoor Balancing And The Consequences Of Legal Change, Elizabeth Earle Beske
Backdoor Balancing And The Consequences Of Legal Change, Elizabeth Earle Beske
Scholarly Articles in Law Reviews & Journals
The U.S. Supreme Court has employed various mechanisms to blunt the systemic impact of legal change. The Warren Court balanced the interests advanced by new rules against the disruption of their retroactive application and frequently limited new rules to prospective effect. The Rehnquist Court decisively rejected this approach in the mid-1990s and committed itself to full adjudicative retroactivity as to pending cases. This Article argues that, although the Court slammed a door, it subsequently opened a window. The Court has spent the intervening decades devising ostensibly independent and unrelated doctrines to mitigate disruption. Despite the Rehnquist Court’s insistence that these …
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Wraparound For Older Youth And Young Adults: Providers’ Views On Whether And How To Adapt Wraparound, Janet S. Walker, Caitlin Baird
Wraparound For Older Youth And Young Adults: Providers’ Views On Whether And How To Adapt Wraparound, Janet S. Walker, Caitlin Baird
School of Social Work Faculty Publications and Presentations
Systems of care are increasingly extending eligibility to young adults up to age 24, often using Wraparound as the model for serving young people with the highest levels of need. Over the last few years, as we interacted with providers through our Wraparound-focused training, coaching and technical assistance, we participated in numerous conversations in which providers talked about how they were adapting their Wraparound practice in order to respond to the unique developmental needs of this population. Throughout these conversations, providers consistently affirmed that Wraparound was a valuable approach for working with older youth and young adults. However, many providers …
Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson
Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson
Kentucky Law Journal
No abstract provided.
The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg
The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg
Kentucky Law Journal
No abstract provided.
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
Perceptions Of High School Principals Of The Role Of Multi-Tiered Systems Of Support-- Formally Rti-- In Bringing About Social Justice And Equity For Black Boys, La Wanna Marie Wells
Perceptions Of High School Principals Of The Role Of Multi-Tiered Systems Of Support-- Formally Rti-- In Bringing About Social Justice And Equity For Black Boys, La Wanna Marie Wells
Dissertations
Historically, Black males are disproportionately represented as the least likely to graduate at every level of education and the demographic most likely placed in Special Education courses, incarcerated, as victims of homicide and who live in poverty. The United States of America implemented a voluntary program, Multi-tiered Systems of Support for educators to "intervene" with proactive measures that target groups that systemically fail: students of color, English learners, students with disabilities and the poor. The purpose of this research is to observe the perceptions of school principals who have implemented Multi-tiered Systems of Support (MTSS) as an education program for …
For Fear Of The Fans: An Argument For Holding Sports Teams Accountable For Fans' Post-Match Conduct, N. Jeremi Duru
For Fear Of The Fans: An Argument For Holding Sports Teams Accountable For Fans' Post-Match Conduct, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Scholarly Articles in Law Reviews & Journals
This Article addresses a pervasive and growing problem for returning citizens – high rates of economic insecurity – and as a novel solution, proposes the creation of Economic Justice Incubators a new municipally led social enterprise strategy.
Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the process of reentry is locally focused thanks to a complex web of collateral consequences. An estimated 641,000 people return home from prison each year, many to a limited number of economically distressed communities. Once released, their mobility is limited by the terms of their parole and the collateral …
The Case For Transitional Justice: Transparency, Undemocratic Institutions, And The Legitimacy Problem In American Prisons, Abigail Hencheck
The Case For Transitional Justice: Transparency, Undemocratic Institutions, And The Legitimacy Problem In American Prisons, Abigail Hencheck
Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)
No abstract provided.
Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets
Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets
Masters Theses
Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional …
Barriers At The Ballot Box Symposium Issue, Steven J. Mulroy
Barriers At The Ballot Box Symposium Issue, Steven J. Mulroy
University of Memphis Law Review
No abstract provided.