Digital Commons Network^™

Perfecting Issue Preservation, Daniel Epps

Scholarship@WashULaw

In his article, “Does It Matter Who Objects? Rethinking the Burden to Prevent Errors in Criminal Process,” Darryl Brown challenges the venerable rule that a defendant must preserve objections to erroneous rulings at trial in order to perfect them for later appeal. Brown ably convinced me that conventional wisdom about who should bear the burden of bringing errors to a court’s attention is woefully under-theorized. In particular, Brown’s move to analyze adjudicative error from the perspective of accident prevention in other legal contexts is both clever and generative of insights. Moreover, Brown made a persuasive case that normative judgments about …

The Defender General, Daniel Epps, William Ortman

Scholarship@WashULaw

The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the Supreme Court of the United States. The Supreme Court is effectively our nation’s chief regulator of criminal justice. But in the battle to influence the Court’s rulemaking, government interests have substantial structural advantages. As compared to counsel for defendants, government lawyers—and particularly those from the U.S. Solicitor General’s office—tend to be more experienced advocates who have more credibility with the Court. Most importantly, government lawyers can act strategically to play for bigger long-term victories, while defense lawyers must zealously advocate …

Drawing The Blue Line: Categorizing Law Enforcement As A Protected Class Within Hate Crime Legislation, Tayler D'Alelio

Campbell Law Review

Several states have passed legislation to include law enforcement officers as a protected class within Hate Crime laws. Additionally, there is pending legislation in the United States Senate to add law enforcement officers as a protected class under the federal Hate Crimes Act. This is a step in the wrong direction for both state and federal legislatures for three main reasons. First, law enforcement officers are distinguishable from the currently protected classes. These classes have not only been marginalized in our society but have been targeted for reasons they have no control over. In contrast, including law enforcement officers as …

The Good Lawyer: State-Led Professional Socialization In Contemporary China, Lawrence J. Liu, Rachel E. Stern

Scholarship@WashULaw

How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China’s state narrative about “the good lawyer” celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics …

Critical Reasoning: A User's Manual, V.4.0, Jason Southworth, Chris Swoyer

Philosophy Open Educational Resources

Teaching critical reasoning is difficult. So is learning to reason more carefully and accurately. The greatest challenge is teaching (and learning) skills in such a way that students can spontaneously apply them outside the classroom once the course is over (teaching people to apply skills in the classroom can be hard enough, but clearly isn’t a worthwhile goal in itself).

We (the authors) have learned a good deal about these matters from the students who took courses using earlier drafts of this book, and from colleagues who’ve taught from it. But one key theme of this book is the importance …

Rap As A Proxy For Blackness: How The Prosecution Of Rap Lyrics Continues To Unconstitutionally Restrict Free Speech Rights, Austin Vining

University of Florida Journal of Law & Public Policy

No abstract provided.

The Language Of Harm: What The Nassar Victim Impact Statements Reveal About Abuse And Accountability, Jamie Abrams, Amanda Potts

Scholarly Articles in Law Reviews & Journals

This Article examines 148 Victim Impact Statements that were delivered to the
court in the Larry Nassar criminal sentencing. Larry Nassar was a doctor for the
United States Gymnastics Association and an employee of Michigan State University
who treated elite athletes, predominantly gymnasts. Nassar pleaded guilty to child
pornography and first-degree criminal sexual misconduct charges in Michigan. His
sentencing received worldwide attention as victims delivered impact statements
describing the harm and betrayal of his conduct. Using corpus-based discourse
analysis, this Article examines the complex strategies that the victims deployed to
describe who Nassar was (a doctor, a monster, a friend), …

The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal

Contributions to Books

Provides a framework to better understand Global Legal Pluralism and the current international state of law.

Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.

Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.

Play's Role In The Development Of Antisocial Behavior, Cheyenne Vazquez

Williams Honors College, Honors Research Projects

This paper is a literature review which examines the relationship between play and prosocial behavior. More specifically, it examines its inverse, questioning whether a lack of play in early childhood may be correlated to the development of antisocial behavior later in life. Comparing research from an abundance of psychologists, criminologists, and sociologists, this paper answers various questions pertaining to play and prosocial behavior: What happens if play is inhibited in childhood? Would different reasons for play to be inhibited result in different results (i.e. abusive childhoods, desperate situations such as homelessness and poverty, chronic illness, etc.)? Is a lack of …

Examining The Experiences Of Homicide Co-Victims To Inform A Survivor’S Guide To Healing, Grae Pollard

Williams Honors College, Honors Research Projects

The traumatic and unexpected death of a loved one, such as suicides, homicides, and traffic fatalities, is one of the most difficult experiences a person may go through. In Summit County, Ohio, bereaved families are served by Victim Assistance Program (VAP), who help promote the healing process through education, advocacy, and crisis intervention. VAP identified a need for a workbook to assist families with navigating the days and weeks that follow the death of their loved one. In order to create a brochure considerate of the possible needs of families grieving the tragedy, various aspects of their experience were researched. …

Moving Toward Sustainable Residential Integration With Racial Justice And Social Equity, Kermit Lind

Case Western Reserve Law Review

No abstract provided.

The Speedy Trial Clause And Parallel State-Federal Prosecutions, Ryan Kerfoot

Case Western Reserve Law Review

No abstract provided.

Belt And Suspenders: Two Key Changes To Reduce Money Laundering Through Residential Real Estate, Christopher P. Lauer

Case Western Reserve Law Review

No abstract provided.

Confronting Racist Prosecutorial Rhetoric At Trial, Mary Nicol Bowman

Case Western Reserve Law Review

No abstract provided.

Rethinking The Writing Competition: Developing Diversity Policies On Law Journals After Fasorp I And Ii, Paul Willison

Case Western Reserve Law Review

No abstract provided.

Heart Work: A Phenomenological Analysis Of School-Embedded Program Facilitators In High-Need South Florida Schools, Takia Bullock

Department of Conflict Resolution Studies Theses and Dissertations

Student misconduct leading to youth violence has been recognized as a major public health problem requiring intervention. To reduce antisocial behaviors, school districts and non-profit organizations promote prosocial behaviors and problem-solving skills. Positive youth development, social emotional learning, positive behavioral intervention support, and conflict resolution programs have been implemented in many school districts; yet problems associated with aggression, poor decision-making, and low student achievement still occur. This Interpretative Phenomenological Analysis study explored the lived experiences of seven school-embedded positive intervention program facilitators implementing programs with conflict management components for at-risk students in high need South Florida schools. Semi-structured interviews were …

Confirmatory Factor Analysis Of The Wisc-Iv With A Trinidad Referred Sample, Cherisse Rambarose

Open Access Dissertations

There has been an extensive amount of research in the intelligence-assessment literature on the structure of the Wechsler Intelligence Scale for Children, fourth edition (WISC-IV; 2003a). Numerous studies show that the test’s general factor structure replicates across normative and referred groups, in the U.S. and globally. Thus far, few studies have been done examining the factor structure of this, and other intelligence tests with Caribbean samples. The current study adds to this body of literature by examining the factor structure of the WISC-IV with a referred sample from Trinidad. This study utilized archival data from a sample accessed through private …

Help Seeking After Campus Sexual Assault: From Policy To Victims, Kathleen Ratajczak

Theses and Dissertations--Sociology

Help seeking after an experience of campus sexual assault is an important link for many survivors towards processing and healing. College campuses have a plethora of resources available, from free counseling, health clinics, advocates, and reporting options all right on their doorstep. Yet many students do not seek help from these offices. This study sought to find out why by looking beyond the victim, and examining the relationship between Title IX policy, professionals who provide resources, and victims. Through both policy analysis and in-depth interviews with both professionals and victims, this study found that Title IX policy codify the social …

Community Reentry And Juvenile Justice: The Role Of Developmental Science In Legislative Decision-Making, Kristina A. Mcguire

Theses and Dissertations

The goals of the present study were to examine federal and selected state legislation for reentry initiatives within the juvenile justice system using content analysis, including determining if bill language utilized terminology reflecting research or developmental science. Thematic analysis was used to examine publicly available federal documents focused on juvenile justice reentry to understand how policymakers were promoting reentry initiatives. Federal bills and documents from April 1, 2008 to December 31, 2019 and state bills from January 1, 2015 to December 31, 2019 for Virginia, North Carolina, Iowa, Missouri, Maryland, New Jersey, Kansas, and Georgia that referenced juvenile justice and …

The Victim Impact Statements: Skewing Criminal Justice Away From First Principles, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Teaching College Students How To Answer Interview Questions: Content, Fluency, And Social Validity, Jennifer Wahonick

University of the Pacific Theses and Dissertations

Poor interview performance may be one factor contributing to the unemployment and underemployment of recent college graduates, and content and fluency of interview answers seem to be especially important. Although decades of research have shown improvements in interview skills using instructions, modeling, rehearsal, and feedback, researchers have noted that the duration of training could limit the practicality of using these procedures in college classrooms or career centers. Additional time could be saved if teaching one skill led to collateral changes in another. Although previous research reported collateral changes in speech disfluencies after targeting elements of answer content (Hollandsworth et al., …

Communicating Punishment, Marah Stith Mcleod

Journal Articles

Does it matter whether convicted offenders understand why they are being punished? In the death penalty context, the Supreme Court has said yes; a prisoner who cannot understand the state's reasons for imposing a death sentence may not be executed. Outside of capital punishment, the answer is still open. This Article begins to fill that gap, focusing on why and how states should help all offenders make sense of their sanctions, whether imposed for retribution, for deterrence, for incapacitation, or for rehabilitation.

Judges today sometimes try to explain sentences to criminal offenders so that they know the purposes of their …

Adverse Childhood Experiences Among Individuals With Opioid Use Disorder, Megan Creviston

Browse all Theses and Dissertations

The study examines adverse childhood experiences among individual who use illicit opioids, focusing on emotional, physical, and sexual abuse. The study uses data collected from a sample of 357 individuals with opioid use disorder who were recruited in the Dayton area between May 2017 and October 2018. The study builds on the life course and social learning theories to examine the association between childhood experiences and drug use behaviors in later life. The key aims of the study are to: 1) assess the prevalence of adverse childhood experiences in the community-recruited sample of individuals with opioid use disorder; 2) analyze …

Development Of An Untargeted Gas Chromatography-Mass Spectrometry (Gc/Ms) Method For The Detection Of Drugs In Wastewater, Samuel A. Miller

Master of Science in Forensic Science Directed Research Projects

Monitoring current illicit drug trends and consumption rates of pharmaceuticals using a non-invasive collection technique is needed to address the present drug use and the growing drug epidemic. Reliance on self-reporting drug use surveys is not always a practical measure of illicit drug use. Wastewater analysis has been used globally as a targeted method for monitoring the consumption of specific illicit drugs. Current existing analytical techniques for wastewater analysis focus on the use of targeted liquid chromatography-mass spectrometry (LC-MS) based techniques. Few gas chromatography (GC) procedures exist for wastewater analysis, and those that do concentrate their methods on a single …

Development Of A Quantitative Pcr (Qpcr) Based Method For Studying Temporal Dna Degradation In Waterlogged Bone, Isis Thornton

Master of Science in Forensic Science Directed Research Projects

Human activities are often centered around the presence of water, thus it is not surprising that there are many water-related human deaths. Accumulated degree days (ADD), and other aquatic variables may affect DNA retrieval from waterlogged bone. Calcium and collagen in bone can inhibit the PCR necessary to produce an STR profile; the current solution is a time-consuming organic extraction. While there are examples of research on DNA degradation in terrestrial bone over time, there has been little work done on submerged bone samples and they are usually limited to case studies. The major aim of this study was to …

Expanded Testing Of An Integrated Qpcr Mixture Screening Assay Using High Resolution Melt Curve Analysis And Support Vector Machine Modeling, Andrea L. Williams

Master of Science in Forensic Science Directed Research Projects

In the conventional forensic DNA workflow, the number of contributors in a sample is unknown until the final step of STR analysis. We propose a high-resolution melt curve (HRM) mixture screening assay, which uses support vector machine (SVM) modeling of melt morphologies of D5S818 and D18S51 amplicons integrated into a common qPCR-based human DNA quantification kit, to differentiate between single-source samples (and their genotypes) and mixtures at an earlier stage in the DNA workflow (quantification). Previously, using data generated from whole melt curves, 87.5% of single-source samples and 100% of 1:1 mixture samples (2 contributors) classified accurately.

In this study, …

Narrative For Expanding Visibility To Non-Black Students Through Enrollment Management Practices For Historically Black Colleges And Universities, Ladarius Thompson, Stephen Barr, Lisa Winn Bryan, Lisa Williams

Doctor of Education Capstones

As the U.S. is growing more diverse, at historically black colleges and universities (HBCUs) like VSU, non-Black students are considered underrepresented. Current declining enrollment numbers at VSU have become problematic, creating a budgetary shortfall that has impacted student facilities, programs, and services. In response, VSU is striving to increase student enrollment through strategic enrollment management. This study examines how VSU can expand its visibility with non-Black, domestic students in high schools, and community colleges. Further, this study adds to the understanding of enrollment management strategies at an HBCU, as administrators, faculty and other stakeholders collaborate to provide an inclusive environment …

Rehouse Richmond: Plan To Address The Eviction Crisis, Lark Washington

Master of Urban and Regional Planning Capstone Projects

Rehouse Richmond aims to recommend specific best practices and start-to-finish development of successful organizing strategies for anti-eviction work. The client for this plan, RISC, is an interfaith coalition of congregations across the Richmond region. Richmond has a compounding history of redlining, urban renewal, foreclosure crisis, and now evictions that has drained the wealth of its Black residents for generations. There is a wealth of academic literature indicating the prevalence of eviction as well as the people who are most vulnerable: rent-burdened tenants, and Black women especially with children. There are a lot of responses to the eviction crisis ranging from …

Impact Of Student’S Gender And Perceived Skin Tone On Educators’ Disciplinary Decisions, Kierstyn K. Johnson-Wigfall

Theses and Dissertations

The purpose of this proposed dissertation is to examine the relationship of students’ skin color and gender to school disciplinary decisions for African American children. While skin tone bias or colorism is frequently studied, limited research has been completed about its prevalence in American public schools during the discipline process. For example, school suspension leads to higher rates of absenteeism, lower academic achievement and higher chances of incarceration. Even students who receive an office referral and return to c lass minutes later miss pertinent instruction time. This study aims to: 1) add to the body of literature about this topic, …

Law Review And Finding A Place In The Academy Essay, Jenny E. Carroll

Articles

No abstract provided.