Social and Behavioral Sciences Commons^™

Reforming Reimbursement For The Us Food And Drug Administration’S Accelerated Approval Program To Support State Medicaid Programs, Rachel Sachs, Julie M. Donohue, Stacie B. Dusetzina

Scholarship@WashULaw

Importance The US Food and Drug Administration (FDA) has an accelerated approval program that has become the subject of scholarly attention and criticism, not only for the FDA’s oversight of the program but also for its implications for payers.

Observations State Medicaid programs’ legal obligations to provide reimbursement for accelerated approval products have created fiscal challenges for Medicaid that have been exacerbated by industry’s changing use of the accelerated approval program over time. Although strategies for accelerated approval reforms have been proposed, most focus on reforming the FDA’s accelerated approval pathway and product regulation without taking into account the implications …

Nonpartisan Supreme Court Reform And The Biden Commission, Daniel Epps

Scholarship@WashULaw

Prior to his election to the Presidency, Joe Biden promised to create a bipartisan commission that would consider and evaluate reforms to the Supreme Court of the United States. Shortly after his inauguration, he did just that, announcing a thirty-six-member Commission on the Supreme Court. Made up of distinguished scholars and lawyers, the Commission was charged with drafting a report that would describe and analyze historical and current debates about reforming the Court. The eventual report seemed to make few observers happy. It reached few firm conclusions on the legality of any reform proposals and even fewer conclusions on any …

Torture In Our Schools?, Leila Nadya Sadat

Scholarship@WashULaw

America’s kids are not okay. As gun violence surges and politicians dither, school shootings are traumatizing a generation of youth. While only one manifestation of America’s gun violence crisis, school shootings are shocking in their ferocity, the senseless and random nature of the violence, and their impact upon millions of young, captive, and vulnerable individuals. This Essay makes the claim that the suffering of America’s school children from uncontrolled gun violence may be significant enough in scale and kind to rise to the level of ill-treatment under international law, violating U.S. treaty obligations and customary international law. If so, their …

Political Ideology And Judicial Administration: Evidence From The Covid-19 Pandemic, Kyle Rozema, Adam Chilton, Christopher Anthony Cotropia, David L. Schwartz

Scholarship@WashULaw

We study the effect of political ideology on the administration of the judiciary by investigating how the chief judges of federal district courts set courthouse policies in response to the COVID-19 pandemic. To do so, we use novel data on the geographic boundaries of federal courts and on the contents of pandemic orders. We account for state and local conditions and policies by leveraging district courts in states that have multiple judicial districts and that have courthouses in multiple counties, and we isolate the effect of chief ideology by using simulations that difference out unobserved district-level effects. We find no …

The New Bailments, Danielle D'Onfro

Scholarship@WashULaw

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …

Assessing Affirmative Action's Diversity Rationale, Kyle Rozema, Adam Chilton, Justin Driver, Jonathan S. Masur

Scholarship@WashULaw

Ever since Justice Lewis Powell’s opinion in Regents of the University of California v. Bakke made diversity in higher education a constitutionally acceptable rationale for affirmative action programs, the diversity rationale has received vehement criticism from across the ideological spectrum. Critics on the right argue that diversity efforts lead to “less meritorious” applicants being selected. Critics on the left charge that diversity is mere “subterfuge.” On the diversity rationale’s legitimacy, then, there is precious little diversity of thought. In particular, prominent scholars and jurists have cast doubt on the diversity rationale’s empirical foundations, claiming that it rests on an implausible …

Regulating Police Chokeholds, Trevor George Gardner, Esam Al-Shareffi

Scholarship@WashULaw

This Article presents findings from an analysis of police chokehold policies enacted at the federal, state, and municipal levels of government. In addition to identifying the jurisdictions that restricted police chokeholds in the wake of George Floyd’s death on May 25, 2020, the Article conveys (via analysis of an original dataset) the considerable variance in the quality of police chokehold regulation. While many jurisdictions regulate the police chokehold, the strength of such regulations should not be taken for granted. Police chokehold policies vary by the type of chokehold barred (“air choke” and/or carotid choke), the degree of the chokehold restriction, …

The Promise Of Radical Crime Policy, Trevor George Gardner

Scholarship@WashULaw

To the surprise of no one, the Defund the Police campaign has been subject to attack on several fronts—by political conservatives, police unions, and any number of Democratic Party politicians. How did Defund proponents respond to this high leverage moment? As the national debate about police budgets reached its apex, the Defund campaign seemed to scatter in several policy directions while clinging to the Defund mantra.

In To “Defund” the Police, Jessica Eaglin tracks these directions and draws a conceptual map of the various ongoing political projects designed to stem the flow of public money to police departments. To …

The Informed Jury, Daniel Epps, William Ortman

Scholarship@WashULaw

The right to a criminal jury trial is a constitutional disappointment. Cases almost never make it to a jury because of plea bargaining. In the few cases that do, the jury is relegated to a narrow factfinding role that denies it normative voice or the ability to serve as a meaningful check on excessive punishment.

One simple change could situate the jury where it belongs, at the center of the criminal process. The most important thing juries do in criminal cases is authorize state punishment. But today, when a jury returns a guilty verdict, it authorizes punishment without any idea …

Covid-19, Churches, And Culture Wars, John D. Inazu

Scholarship@WashULaw

The First Amendment’s Free Exercise Clause often requires courts to balance competing interests of the highest order. On the one hand, the Constitution recognizes the free exercise of religion as a fundamental right. On the other hand, the government sometimes has compelling reasons for limiting free exercise, especially in situations involving dangers to health and safety. The shutdown and social distancing orders issued during the early phases of the COVID-19 pandemic not only restricted free exercise but also limited what many people consider to be the core of that exercise: religious worship. But the orders did so in order to …

The Rise And Fall Of Cryptocurrency: The Three Paths Forward, Joel Seligman

Scholarship@WashULaw

In a crash reminiscent of the 1929-1933 Stock Market crash in which prices on the New York Stock Exchange fell 83 percent between September 1929 and July 1932 or the 2007-2009 Financial Debacle in which the Dow Jones Industrial Average declined 54 percent between October 9, 2007 and March 9, 2009, crypto market capitalization fell 61 percent between November 2021 and May 2022, collapsing from an aggregate value of $2.9 trillion to $1.24 trillion. Bitcoin, the leading cryptocurrency which in late 2021 traded near $68,000 in November 2021 traded as low as $25,402 on May 10, 2022 (a decline of …

Law School Specialty Program Ranking Credibility, Robert R. Kuehn

Scholarship@WashULaw

U.S. News ranks law school specialty programs solely on reputation. A faculty member teaching in a specialty area at each school is asked to assess their area at other ABA accredited schools. In 2021, U.S. News added four more specialty programs: business/corporate law; constitutional law; contracts/commercial law; and criminal law. Unlike the prior nine categories, these four new programs cover core, not special, areas of a school’s educational program.

An examination of the ranking of these core areas illustrates the continuing credibility problem with the specialty program ranking system. There are noticeable clusters of schools ranked highest by U.S. News …

On Crimes Against Humanity, Protect The Un Sixth Committee’S Integrity With Action, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

Enthusiasm for negotiating and adopting a new global treaty on the prevention and punishment of crimes against humanity has been growing since the issuance of a model draft treaty 16 years ago, particularly after the United Nations International Law Commission (ILC) submitted a final set of draft articles to the General Assembly on Aug. 5, 2019. Although paragraph 42 of the ILC’s report recommended the “elaboration of a convention by the General Assembly or by an international conference of plenipotentiaries on the basis of the draft articles,” progress on this important treaty has stalled in the U.N. General Assembly’s Sixth …

How International Justice Can Succeed In Ukraine And Beyond, Leila Nadya Sadat, Christopher Hale

Scholarship@WashULaw

Depictions of gruesome and heartbreaking mass atrocities resulting from Russia’s invasion of Ukraine have injected discussions of war crimes trials into common discourse the world over. World leaders and government spokespersons in major capitols now field a steady stream of media questions on how crimes in Ukraine will be confronted. An unprecedented number of States Parties (41) of the International Criminal Court (ICC) referred the crimes in Ukraine to the ICC Prosecutor for investigation, and a video statement from the last living prosecutor of the Nuremberg era, 102-year-old Ben Ferencz, was played at one of the most-watched United Nations …

Digital Forensics For Mobility As A Service Platform: Analysis Of Uber Application On Iphone And Cloud, Nina Matulis, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Uber is a ride-hailing smartphone application (app) that allows users to order a ride in a highly efficient manner. The Uber app provides Mobility as a Service and allows users to easily order a ride in a private car with just a few clicks. Uber stores large amounts of data on both the mobile device the app is being used on, and in the cloud. Examples of this data include geolocation data, date/time, origin/destination addresses, departure/arrival times, and distance. Uber geolocation data has been previously researched to investigate the privacy of the Uber app; however, there is minimal research relating …

Smart Home Forensics: Identifying Ddos Attack Patterns On Iot Devices, Samuel Ho, Hope Greeson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smart homes are becoming more common as more people integrate IoT devices into their home environment. As such, these devices have access to personal data on their homeowners’ networks. One of the advantages of IoT devices is that they are compact. However, this limits the incorporation of security measures in their hardware. Misconfigured IoT devices are commonly the target of malicious attacks. Additionally, distributed denial-of-service attacks are becoming more common due to applications and software that provides users with easy-to-use user interfaces. Since one vulnerable device is all an attacker needs to launch an attack on a network, in regards …

Innovation Resistance? Understanding Officer Attitudes Toward Police Innovation, Justin Smith

Electronic Theses and Dissertations, 2020-2023

Over the years, innovations such as community-oriented policing, problem-oriented policing, and crime analysis have helped police agencies control, reduce, and prevent crime and disorder, and improve police and community relations. However, research shows that some officers are resistant to using these innovations in practice. Few studies have examined the causal mechanisms behind innovation resistance. This doctoral dissertation details a study that utilized a mixed method approach to partially test a framework that encompassed two theories to explain officer resistance to innovation: The Model of Consumer Resistance to Innovation from the consumer psychology and marketing fields (Ram & Sheth, 1989), and …

The Expansion Of School Resource Officers In A Florida County: A Mixed Methods Study, Melanie Soderstrom

Electronic Theses and Dissertations, 2020-2023

In the aftermath of school shootings, policymakers presented the expansion of school resource officers (SROs) in the nation's schools as a method for keeping students safe. Recently, policing in the United States has come under increased scrutiny, and several school districts across the country cancelled their SRO contracts with law enforcement agencies. Notably, these contradictory decisions have been made with limited empirical knowledge surrounding, the roles, preparedness, and impact of SROs. A county in Florida substantially expanded its SRO program in the 2016-17 school year creating a new unit within the local sheriff's office and an opportunity to investigate these …

An Examination Of Street-Level Drug Enforcement Tactics And Court Outcomes, Nicholas Paul

Electronic Theses and Dissertations, 2020-2023

While there is a substantial body of placed-based evaluations of drug enforcement strategies, little is known about the nature and effectiveness of the routine tactics used by local police to target individual drug offenders. This study used a mixed-method approach to build on existing research on the efficacy of drug enforcement by documenting the nature and consequences of street-level drug enforcement at the local level. First, a focus group of drug enforcement experts was conducted to identify the tactics used to generate arrests and various types of evidence believed to strengthen drug cases. Next, official data in the form of …

Y-Chromosome Dna Extraction From Post-Cranial Skeletal Elements, Mykala D. Ward

Graduate Student Theses, Dissertations, & Professional Papers

The use of DNA in forensic science has become an integral tool for victim and perpetrator identifications, missing person’s cases, paternity testing, etc. A major use of DNA is in the identification of unknown deceased individuals. With a reported number of individuals well over 8,000 in the United States, improved methods to accurately collect and analyze DNA from modern human bone are needed.

This project took the preliminary steps to improve DNA sampling and extraction methods by analyzing the Y-chromosome DNA yield from the two bone types. While both types are composed of the same materials, cortical bone is the …

Analyzing The Viability Of Direct Pcr For Use In Conjunction With Cyanoacrylate Enhanced Fingerprints, Coral M. Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

Efficient methods for DNA analysis are desperately needed in laboratories due to the influx in DNA analysis requests. The current DNA processing methods are costly, time consuming, and involve multiple tube changes, increasing the risk of contamination. However, the use of direct PCR can simplify the DNA analysis process by eliminating the extraction, purification and quantitation steps. Presently, the FBI Quality Assurance Standard 9.4 requires all evidence samples to be quantitated. As a result, the direct PCR method of DNA processing cannot be implemented on evidence samples at this time. Direct PCR presents the opportunity to provide efficient DNA analysis, …

The Risk Protection Order: Protection From Mass Homicide?, Brooke Elvington

Theses and Dissertations

Gun control measures, referred to as “risk protection orders” or “Red Flag” laws, are expanding with widespread public support. Currently, 19 states have similar legislation, varying in procedural approaches and enforcement to reduce firearm-related homicide, emphasizing mass homicide. However, little is known about whether the legislation is effective. The following questions are presented: (1) Is there a difference between rates of firearm related homicide incidences prior to and after the creation of Florida’s “Red Flag” law? (2) Do risk protection orders target individuals demonstrating known mass homicide offender typology characteristics? The study used data derived from open-source resources. An interrupted …

Microsoft Defender Will Be Defended: Memoryranger Prevents Blinding Windows Av, Denis Pogonin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Windows OS is facing a huge rise in kernel attacks. An overview of popular techniques that result in loading kernel drivers will be presented. One of the key targets of modern threats is disabling and blinding Microsoft Defender, a default Windows AV. The analysis of recent driver-based attacks will be given, the challenge is to block them. The survey of user- and kernel-level attacks on Microsoft Defender will be given. One of the recently published attackers’ techniques abuses Mandatory Integrity Control (MIC) and Security Reference Monitor (SRM) by modifying Integrity Level and Debug Privileges for the Microsoft Defender via syscalls. …

The Implications Of A Militarized Police Force In The United States, Nhat Dang

Themis: Research Journal of Justice Studies and Forensic Science

The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.

It Doesn’T Get Better With Time: The Effect Of Housing Insecurity On Rearrest In Polk And Palm Beach County, Quintin Williams

Dissertations

Housing insecurity is one of the main drivers of poverty and inequality in contemporary urban society. We know that this insecurity contributes to poor outcomes for the individuals experiencing it. We know less about how this housing insecurity impacts contact with the criminal justice system. Using event history analysis, this study assesses the effects of housing insecurity in Polk County Iowa and Palm Beach County Florida. Results confirm that housing insecurity increases the risk of being rearrested each day a person is without stable housing. These findings reveal that lack of access to safe, affordable, and stable housing not only …

Rising Scholars: Narratives Of Formerly Incarcerated/System-Impacted Community College Students In An On-Campus Support Program, Jason Durrell Bostick

LMU Theses and Dissertations

This study uplifted the stories of formerly incarcerated and/or system-impacted students attending a California community college (i.e., “Rising Scholars”) to provide qualitative context to a growing literature following the state’s promotion of support programs at the University of California (UC), California State University (CSU), and California Community Colleges (CCC) systems. This study interviewed six formerly incarcerated/system impacted Rising Scholars using a narrative inquiry methodology with a theoretical framework of Critical Race Theory (CRT) and Desistance theory to inquire about their educational experiences before and during their enrollment at an urban California community college with reentry support. Key themes in the …

Detection Of Overlapping Passive Manipulation Techniques In Image Forensics, Gianna S. Lint, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

With a growing number of images uploaded daily to social media sites, it is essential to understand if an image can be used to trace its origin. Forensic investigations are focusing on analyzing images that are uploaded to social media sites resulting in an emphasis on building and validating tools. There has been a strong focus on understanding active manipulation or tampering techniques and building tools for analysis. However, research on manipulation is often studied in a vacuum, involving only one technique at a time. Additionally, less focus has been placed on passive manipulation, which can occur by simply uploading …

A Process Evaluation Of Aunt Mary’S Storybook: Seeking To Improve The Relationship Between Incarcerated Parents And Their Children Through Literacy, Scott Charles Mcwilliams

Master's Theses

In response to the rise of incarceration in jails and prisons, and the number of children adversely impacted by their parents’ incarceration, in 1993, a nonprofit organized called Companions Journeying Together (“CJT”), created the Aunt Mary’s Storybook (AMS) program to foster positive connections between incarcerated parents to their children. What began as a Christmastime program for mothers in the Cook County Jail has grown into a year-round program operating in prisons and jails throughout Illinois. AMS provides those incarcerated with an opportunity to record themselves reading a book to their children, and AMS then mails/transmits the recording along with a …

Authenticity, Care, And Relationships: Ethical Decision-Making In Criminal Justice Education, Robert B. Lehmann

Theses and Dissertations

Many events in recent history have demonstrated the need for addressing the training of law enforcement and other public servants commonly referred to as criminal justice professionals in the United States. Reckoning with the imperfect history of the criminal justice system, specifically the history of problematic relations with marginalized people, and developing a system that is better equipped to meet the needs of an equitable and just society is at the forefront of many discussions of criminal justice reform. Improving ethical decision-making training in criminal justice education is one avenue to addressing these needs for current and future professionals. Conceptually, …

Coming Debates To Advance New Treaty On Crimes Against Humanity Will Require Skillful Leadership, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

The resolution adopted recently at the United Nations General Assembly’s legal committee on draft articles for a treaty on crimes against humanity creates a two-year process for debate and discussion of the proposal within the committee. This opens the door for the possible adoption of a new, critically needed, global treaty on crimes against humanity within the next three or four years. Such a treaty would close several gaps in the legal architecture of atrocity crimes — particularly the legal obligation to prevent crimes against humanity, a duty not imposed by complementary regimes, including the Rome Statute of the International …