Social and Behavioral Sciences Commons^™

The Prevalence Of Hate Crimes Motivated By Sexual Orientation In Florida After The U.S. Supreme Court Legalization Of Same-Sex Marriages, Shawntozi Campbell

Theses and Dissertations

Research on the dynamics of violence has revealed that crimes involving a prejudicial motive often occur in close temporal proximity to a galvanizing event such as elections, terrorist attacks, or unprecedented Supreme Court decisions. Given the particularly contested nature of marriage policy, it is not inconceivable that same-sex marriage recognition might incite retaliatory violence. Same-sex couples were granted the right to marry by the United States Supreme Court in June of 2015. By June 2016, Orlando, Florida experienced the “deadliest incident of violence against LGBTQ people in U.S. history,” after a mass shooting at Pulse nightclub resulted in the death …

Just Preservation, Adrian Treves, Francisco J. Santiago-Ávila, William S. Lynn

Animal Sentience

We are failing to protect the biosphere. Novel views of conservation, preservation, and sustainability are surfacing in the wake of consensus about our failures to prevent extinction or slow climate change. We argue that the interests and well-being of non-humans, youth, and future generations of both human and non-human beings (futurity) have too long been ignored in consensus-based, anthropocentric conservation. Consensus-based stakeholder-driven processes disadvantage those absent or without a voice and allow current adult humans and narrow, exploitative interests to dominate decisions about the use of nature over its preservation for futurity of all life. We propose that authentically non-anthropocentric …

Deliberation's Demise: The Rise Of One-Party Rule In The Senate, Kathleen Clark, Tiefer Charles

Scholarship@WashULaw

Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of …

Fiduciary Principles In Banking Law, Andrew F. Tuch

Scholarship@WashULaw

When are banks fiduciaries of their customers and clients? This question is of more than theoretical interest given the organizational structure of modern financial institutions and the broad-ranging functions they perform. In this chapter of the Oxford Handbook of Fiduciary Law, I canvass fiduciary principles in banking law. I consider when fiduciary duties exist and what they require, the range of remedies available for breach, and the various techniques banks use to exclude or modify fiduciary duties. One puzzling feature of the legal landscape is that clients bring actions less often than banks’ size and conduct might suggest, which contributes …

Federally Funded Slaving, Rafael I. Pardo

Scholarship@WashULaw

This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders …

Interstitial Space Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”

Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …

Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett

Faculty Scholarship

Professional policing organizations emphasize the importance of the adoption of sound police policies and procedures, but traditionally doing so has been left to individual agencies. State and local government typically does not closely regulate police, and neither federal constitutional rulings nor state law typically sets out in any detail the practices that police should follow. Thus, law enforcement agencies must themselves draft and disseminate policy. This paper presents the results of studies used to assess the adoption of eyewitness identification policies by law enforcement agencies in Virginia. Policymakers were focused on this problem because Virginia experienced a series of DNA …

The Ability For Investigators To Visible Identify And Interpret Damage To Electrical Conductors, Jacob Alan Graham Critchley

Online Theses and Dissertations

The intent of a fire investigations is to correctly interpret the damage in order to identify the cause responsible for the fire and potentially help prevent similar incidents in the future. According to current guidelines of fire scene processing, fire investigators can implement the procedure of arc mapping as a tool to assist in the determination of the fire’s progression and origin at a fire scene. To do this effectively requires the investigator to identify and correctly interpret the damage to electrical conductors as thermal melting (i.e, fire damage) or electrical activity. This study examined the ability of fire investigators …

Prison Siting In Appalachia: Carceral Expansion, Neoliberalism, And Environmental Harm, Macey Logan Hall

Online Theses and Dissertations

Since 1991, 14 state and federal prisons have been built in Appalachia with a recent proposal for a federal prison to be constructed in Letcher County, KY. Contradicting the narrative that Appalachia remains separated from the national economy, the ills of carceral growth are apparent throughout the region. This study examines the proposal to build a federal prison in Letcher County, KY. The purpose of this study is to gain further insight into the impact that the carceral state, including its promise of economic development, has on environmental harm and land exploitation in the region. The proposed federal prison would …

Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett

Online Theses and Dissertations

In his concurrence with the Supreme Court ruling in Furman v. Georgia (1972), Justice Thurgood Marshall postulated that levels of support for capital punishment are associated with the amount of knowledge about the death penalty process. He suggested that exposure to information about capital punishment produces sentiments in opposition to capital punishment except in instances for which support is based on retributive beliefs. These notions have become known as the Marshall Hypothesis and have been empirically tested among a variety of populations. The research presented in this thesis adds to that body of literature by testing these ideas among a …

Pacifying The Visual: Police Reform And The Promise Of Body Worn Cameras, Ivan Benitez

Online Theses and Dissertations

Reform is a political tool, long used to ensure the continuation of specific police practices and the police institution itself. Promising increased transparency and accountability and hence legitimacy, Body Worn Cameras (BWC) purport to show the facts of police work and critical incidents precisely as they happened. Invoking and relying upon the objective truth of the image, policy makers, academics and some police themselves see BWCs both as a panacea to arrest police misconduct and a way to guard against spurious allegations. However, placing them in the long history of police reform, BWCs are also usefully understood as a form …

'Savages','Animals' And 'Criminals':Capitalism, Racial Threat And The U.S Long War On Immigration, Rossana Alejandra Diaz

Online Theses and Dissertations

From mass shootings targeting specific ethnic, racial and religious communities to detention centers for immigrant children, it is imperative to ask of such violent contemporary phenomena: "how did we get here? How is this possible in a place like the United States?" The purpose of this study is to begin to address such questions by analyzing the historical legacy of dehumanizing narratives towards immigrants, and by querying how that history may shape and inform contemporary manifestations, illustrated by the rhetoric stemming from the Trump administration. Examining examples of such rhetoric through ethnographic content analysis of President Trump’s speeches and social …

Serial Killers In Popular Media: A Content Analysis Of Sensationalism And Support For Capital Punishment, April Nicole Pace

Online Theses and Dissertations

Serial murder has been a popular media phenomenon across the United States since the 1980s, and media representations of serial killers may significantly influence public opinion as well as impact capital punishment policies. This content analysis examined the portrayal of one dozen different serial killers using 120 online media reports which included articles published between the 1970s to present day. Results of the analysis showed serial killers were often sensationalized and portrayed in biased ways by popular media, with little attention afforded to academic theories. Support for capital punishment was also prevalent. These findings have implications for policy makers seeking …

Compound-Specific Isotope Analysis Of Amino Acids In Biological Tissues: Applications In Forensic Entomology, Food Authentication And Soft-Biometrics In Humans, Mayara Patricia Viana De Matos

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this work we demonstrate the power of compound-specific isotope analysis (CSIA) to analyze proteinaceous biological materials in three distinct forensic applications, including: 1) linking necrophagous blow flies in different life stages to their primary carrion diet; 2) identifying the harvesting area of oysters for food authentication purposes; and 3) the ability to predict biometric traits about humans from their hair.

In the first application, we measured the amino-acid-level fractionation that occurs at each major life stage of Calliphora vicina (Robineau-Desvoidy) (Diptera: Calliphoridae) blow flies. Adult blow flies oviposited on raw pork muscle, beef muscle, or chicken liver. Larvae, pupae …

Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim

Scholarship@WashULaw

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some …

Global Lawmakers: International Organizations In The Crafting Of World Markets: Book Review, Melissa (M.J.) Durkee

Scholarship@WashULaw

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world.

The book …

Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim

Scholarship@WashULaw

Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …

Respect And The Role It Plays In Explaining The Disproportionate Number Of African-Americans Incarcerated, Tina B. Craddock

Theses and Dissertations

This was a quantitative research study that examined the roles respect and self-esteem play within the African American population. There is no disagreement among social scientists that there is a disproportionate number of African Americans incarcerated. This study attempts to offer one possible explanation. This was a quasi-replication of a study conducted nearly two decades ago using African American adolescent males between the ages of 14 to 18. This research study identified a sample population consisting of African American males and females between the ages of 18 and 50. A cross-sectional analysis was utilized using convenience sampling. The research instruments …

Violent Offenders And Assaults On Staff Members, Lisa Gentry Long

Theses and Dissertations

Violent Offenders and Assaults on Staff Members. Dissertation, Nova Southeastern University, Fischler College of Education, School of Criminal Justice Department. Descriptors: Violence, violent offenders, violent inmates, corrections, prisons, assaults, correction officers, staff members.

Prison facilities are an integral part of the criminal justice system. Prisons are meant to provide punishment, deterrence and rehabilitation for inmates that are serving time. Prisons across the country are understaffed due to many reasons. It is important for staff members to be trained on how to keep themselves and inmates safe when they are behind the walls of these facilities. Staff members are in positions …

An Analysis Of Selected Clusters Of Fires In Florida (1996 - 2018), Thomas Riley Hall

Theses and Dissertations

Hidden within the day-to-day routine responses of fire departments are possible multiple fires set by individuals in a small area with an unusual frequency. These fires may be the initial announcement of an emerging serial offender who is declaring a wound, an intolerable life situation, or is triggered by unknown events. This study sought to predict incendiary fires within a known cluster by using observable variables, both prior to and after the cluster event. This was done to further our understanding of the characteristics of clusters of intentionally lit fires. This was accomplished by examining the Florida Fire Information Reports …

Federal Offices Of Inspectors General: The Relationship Between Per Capita Staffing Levels And Performance Results, Craig Yuen

Theses and Dissertations

Each year, the federal government spends trillions of dollars on operations and in awarding contracts, grants, loans, and other forms of financial assistance. Federal Offices of Inspectors General (OIGs) are charged with auditing and investigating fraud, waste, abuse, and misconduct affecting the government. There are 73 such OIGs – 40 of which have law enforcement authority and oversight responsibilities for a parent agency – and each is a separate organization with varying staffing levels and performance results. This study examined, on a per capita level, the relationship between staffing levels and performance results (criminal charges filed, financial recoveries, and questioned …

Law Enforcement Officer Body-Worn Camera Perceptions: Pre And Post Deployment, Benjamin Aaron Straight

Theses and Dissertations

The 2014 fatal police shooting of Michael Brown resulted in (a) a national outcry for police departments to deploy body-worn cameras; and (b) community members and politicians demanding more transparency in the governmental administration of police work. Despite the increased media attention and deployment of body-worn cameras, there is little research on how law enforcement officers perceive body-worn cameras.

The Miami-Dade Police Department implemented a mandatory body-worn camera program on April 20, 2016. The department agreed to a partnership to conduct research on their officers' body-worn camera perceptions. The department internally distributed an electronic survey to 3,313 sworn officers and …

The Deaf & Law Enforcement Listening Though Deaf Eyes: A Grounded Theory Approach, John L. Garner

Theses and Dissertations

This paper examines the perceived and practical schism between deaf society and the police when the deaf attempt to obtain police services. The paper challenges current police culture and operating procedures, which tend to marginalize deaf society and largely ignore the mandates contained in the Americans with Disabilities Act (ADA). This qualitative research project is focused upon perceived law enforcement practices and culture through a multi-layered study of police customs, law, policy, and standard operating procedures as experienced, perceived, and reported by deaf individuals.

A constructivist grounded theory approach was used to examine the way law enforcement is perceived by …

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

Holmes, Humility, And How Not To Kill Each Other, John D. Inazu

Scholarship@WashULaw

Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In the century since Abrams, we have witnessed changes in society, technology, and politics that have shaped and reshaped the contours of our First Amendment landscape. But not everything has changed — some aspects of our human experience remain remarkably similar to the context in which Holmes wrote. One unchanged aspect of the human condition is our inability to know with certainty. Confronted with this reality in his own day, Holmes at times gestured toward a foundationless relativism. But even …

Informal Judicial Hierarchies: Case Assignment And Chamber Composition At The European Court Of Justice, Jens Frankenreiter

Scholarship@WashULaw

Is there a rationale behind non-random case assignment at the European Court of Justice (ECJ)? I argue that the flexible system of case assignment acts as a surrogate for a full-fledged judicial hierarchy, ensuring that the decision-making of the Court reflects the preferences of the majority of judges absent many hierarchical elements commonly observed in other judicial systems. I empirically test this hypothesis using Monte Carlo simulations of the composition of chambers during the time period 2009-2012 under alternative case assignment regimes. To proxy for judicial ideology, I use information on the political preferences of appointing Member State governments vis-à-vis …

Law School Specialty Program Rankings: Is The Tail Wagging The Dog?, Robert R. Kuehn

Scholarship@WashULaw

In addition to its annual ranking of law schools, U.S. News ranks nine law school specialty programs. This year, U.S. News asked survey participants to rate specialty programs on a new 5-point scale mirroring the method used to assess the academic reputation of schools among peers and lawyers/judges. The program rankings show a noticeable bunching of law schools ranked highest by U.S. News also at the top of most specialty programs and an overpopulation of lowest ranked schools at the bottom.

To examine the strength of the relationship between a school’s peer assessment and specialty program reputation, scores for each …

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 …

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Scholarship@WashULaw

In July 2016, Michael Cohen, then presidential candidate Donald Trump’s lawyer, secretly recorded Trump discussing how they would use the publisher for the National Enquirer to purchase former Playboy model Karen McDougal’s story about an alleged affair with Trump in order to stop it from becoming public before the 2016 presidential election. The National Enquirer’s publisher purchased McDougal’s story in August 2016. In a similar move to quash another alleged affair from going public in October 2016, Cohen set up a corporation to purchase adult film star Stormy Daniels’s story of her affair with Trump. Trump was elected President in …