Social and Behavioral Sciences Commons^™

Conflicted Gatekeepers: The Volcker Rule And Goldman Sachs, Andrew F. Tuch

Scholarship@WashULaw

In many areas of regulation, rules require one person to act with loyalty to another person, or at least constrain one person’s pursuit of self-interest by restricting the extent to which that person may act in conflict with the interests of another person. These rules are typically justified on the basis of reducing (economic) agency costs. However, recently-adopted provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act, which include the so-called Volcker Rule, impose such conflict of interest rules on underwriters selling securities to investors, including sophisticated investors - a context in which agency costs do not arise. …

Exploring Military Service As An Alternative Sanction: Evidence From Inmates' Perspectives, Travis Wade Milburn

Online Theses and Dissertations

A large body of research exists that examines the punitiveness of prison compared to a wide variety of alternative sanctions. Generally, this research finds that there are numerous demographic and contextual differences in the way that people experience the punitiveness of prison. In this paper, I expand that research by using data from over 900 inmates to examine whether they view military service as more punitive than incarceration.

The research suggests females, Blacks, and those who have not had prior military service are more likely to desire imprisonment as opposed to military service. However, Whites and veterans appear to embrace …

Constructing Evil: U.S. Media Discourse And The Iranian State Murder Of Neda Agha-Soltan, Justin Turner

Online Theses and Dissertations

On June 20, 2009, one image became not only a symbol of unbridled state violence, but a rallying cry for a movement contesting the disputed election of hardline Iranian President Mahmoud Ahmadinejad. The particular image in question was of Neda Agha-Soltan, a 26 year old woman whose murder was recorded by cellphone camera during a political protest and subsequently posted to social media networks showing a graphic fist-hand account of the savagery of a state crime. Media discourse presented the idea that Neda's murder was committed by the Iranian government unafraid to implore repressive measures to control its population. The …

Forgotten Victims: A Qualitative Study Of Familial And Intimate Partner Abuse Of Male-To-Female Transgender Individuals In Central Kentucky, Allison Brooke Willingham

Online Theses and Dissertations

Previous research on intimate partner and familial abuse has focused on easily identifiable social institutions, such as "homosexual couple" or "mother/daughter." However, transgender individuals do not always fit into the binary social definitions ascribed to family relationships. Little research has provided insight into cycles of familial and intimate partner verbal or physical abuse in the lives of transgender individuals. The efforts that have been made have shocking results and demonstrate a need for further and more in-depth research. The primary purpose of this research is to gain a rich understanding of the social dynamics affecting the lives of transgender individuals …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …

Electronic Privacy And Employee Speech, Pauline Kim

Scholarship@WashULaw

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees’ privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments — weak protection of employee privacy and increased …

A Dynamic Model Of Doctrinal Choice, Scott Baker, Pauline Kim

Scholarship@WashULaw

This paper develops a repeated game model of the choice of doctrinal form by a higher court. Doctrine can take any point along a continuum from more determinate, rule-like legal commands to more flexible, standard-like directives. In deciding a case, the Supreme Court not only decides on a substantive outcome, but also chooses where on this continuum to set the doctrine. The lower court then applies the legal command to future cases. In doing so, it may wish to take into account new information, but the cost of doing so varies with the form of the legal doctrine. The model …

Factions For The Rest Of Us, John D. Inazu

Scholarship@WashULaw

This essay responds to essays by Professors Ashutosh Bhagwat, Susan Appleton, and Robert Vischer on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. The essays were presented at a March 2012 discussion hosted by Washington University School of Law that included additional presentations from Gregory Magarian, Bernadette Meyler, Ian MacMullen, and Neil Richards.

I had three objectives in writing Liberty’s Refuge, one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The history excavates the prominent role that the right of assembly occupies in our constitutional and popular past. …

Justice Ginsburg And Religious Liberty, John D. Inazu

Scholarship@WashULaw

Justice Ginsburg has left an important mark on many areas of the Supreme Court’s jurisprudence, but she has written relatively little in the area of religion. This relatively small footprint increased significantly in the opinion that she wrote in the Court's 2010 decision in Christian Legal Society v. Martinez. In particular, Martinez's dismissal of the religious association claim at the center of the case dealt a severe blow to religious liberty advocates who have struggled to find alternate means of protecting religious expression in the twenty years since the Court’s decision in Employment Division v. Smith (which relegated to rational …

The Limits Of Integrity, John D. Inazu

Scholarship@WashULaw

This article draws upon the work of theologian Stanley Hauerwas to demonstrate how Ronald Dworkin’s theory of law as integrity relies upon secular liberal presuppositions. Dworkin’s constraint on “religious convictions or goals” not only inhibits theological argument in our discussions about law and legal interpretation, but also neutralizes what may be the strongest objections to Dworkin’s normative views. The juxtaposition of Hauerwas and Dworkin is particularly apt because both hold similar interpretive commitments that hang in the balance between a fixed textualism and an unbounded pragmatism. Both justify their epistemic practices by a kind of faith — they do not …

Liberty's Refuge: The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions …

Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu

Scholarship@WashULaw

This essay is the special editor's introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named "America's Best Theologian" by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” …

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …

Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.

Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema

Scholarship@WashULaw

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …

The Cost Of Clinical Legal Education, Peter A. Joy

Scholarship@WashULaw

Critics of clinical legal education often malign its expense and look to clinical budget cuts as the primary means of reducing costs in legal education. This narrow focus, however, ignores the important function that clinical legal education plays in educating law students to be ready for practice and assumes other legal education expenses are more important. The 1992 McCrate Report, the 2007 Carnegie Report, and other studies demonstrate that clinical legal education is necessary to produce a well-rounded and practice ready law student. Though clinical legal education should not be immune to cost restraints, neither should any other type of …

Why Lawyers Should Assess Lawyer's Ethics: A Review Of Adrian Evans, Assessing Lawyers' Ethics: A Practitioner's Guide, Peter A. Joy

Scholarship@WashULaw

There has been a growing interest in empirical research on law firms and lawyer conduct for more than a decade. Recent studies have reached the same conclusion as studies from the 1960s and 1970s – the ethical culture in the law office is critical to the ethical behavior of the individual lawyers in the office.

With this in mind, the question becomes this: What should the legal profession do to encourage better law firm management to promote ethical behavior? In ASSESSING LAWYERS' ETHICS, Adrian Evans maintains that law societies and bar associations could improve lawyers' ethical behavior through various strategies …

Consensus, Disorder, And Ideology On The Supreme Court, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Ideological models are widely accepted as the basis for many academic studies of the Supreme Court because of their power in predicting the justices' decision-making behavior. Not all votes are easily explained or well predicted by attitudes, however. Consensus in Supreme Court voting, particularly the extreme consensus of unanimity, has often puzzled Court observers who adhere to ideological accounts of judicial decision making. Are consensus and (ultimately) unanimity driven by extreme factual scenarios or extreme lower court rulings such that even the most liberal and most conservative justice can agree on the case disposition? Or are they driven by other, …

Supreme Court Prequel: Justice Stevens On The Seventh Circuit Symposium, Stefanie A. Lindquist

Scholarship@WashULaw

Justice Stevens’s retirement from the U.S. Supreme Court has occasioned numerous retrospectives on his lengthy career as a Supreme Court Justice. Yet Justice Stevens’s career began on the Seventh Circuit and his voting behavior and doctrinal positions on the circuit court provide a unique window into his judicial character and the roots of his thinking on important issues that continued to preoccupy him on the Supreme Court. In this Essay, I first analyze then-Judge Stevens’s voting behavior on the court of appeals by examining the frequency with which he wrote separate opinions, as well as his voting interagreement with his …

The Future Of Family Caregiving: The Value Of Work-Family Strategies That Benefit Both Care Consumers And Paid Care Workers, Peggie R. Smith

Scholarship@WashULaw

When higher-income women “opt in” for full-time employment, they are in a position to contract out some share of their responsibilities in the home to lower-income women who then provide these services. This traditional model of redistributing care work frequently presumes that only child care responsibilities are at stake. However, the aging of the population has increasingly focused attention on workers’ needs for help caring for elderly family members. Indeed, care giving for the elderly may equal, if not surpass, child care as the work-family concern of the twenty-first century. Because elder care, similar to child care, is heavily gendered, …

Mid West–Gascoyne District Police Officers’ Experience With The Cannabis Infringement Notice Scheme, Kara Wright

Theses: Doctorates and Masters

Cannabis is currently the most frequently used illicit drug in Australia. Research has revealed a range of health, economic, criminal and social consequences associated with the drug. The widespread use of cannabis and the consequences associated with its use has ignited strong political and social debate as to what response should be taken to minimise the harmful effects of the drug. In order to reduce the harms associated with cannabis, and in line with the national harm minimisation framework, the Western Australia (WA) Cannabis Infringement Notice (CIN) scheme commenced in 2004. The introduction of the CIN scheme as part of …

How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

The Influence Of Phenotypic Variation On Criminal Judgement, Jacque-Corey Cormier

College of Graduate Studies: Theses & Dissertations

The purpose of this study was to investigate the influence of phenotypic variation on criminal judgment. This study had two phases. In the first phase, participants rated multiple headshot photographs on the degree to which African American men possess pronounced Afrocentric features (fuller lips, broader nose, curlier hair, darker skin, etc.). The race of the participants predicted 34.2% of the variance in average skin color ratings above all other variables. White participants rated the Black faces as darker than any other participants rated the same faces. Researchers used the faces rated least, average, and most prototypical of Blacks as the …

The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

Al-Shabaab's American Recruits: A Comparative Analysis Of Two Radicalization Pathways, Matthew Wade Richardson

Open Access Theses & Dissertations

From 2005 to 2011, at least 41 Americans joined, or attempted to join, al-Shabaab, Somalia's preeminent terrorist organization. This thesis examines the radicalization process for al-Shabaab's American recruits by dividing the sample into two groups: non-Somali and Somali. The author employs causal flow diagramming as a means of visualizing each group's unique radicalization pathway. While most of the non-Somali recruits were motivated by political grievances and Salafism, most of the Somali recruits were motivated by identity conflict and nationalism. Considering al-Shabaab is both a religious and an ethno-nationalist terrorist organization, these results make sense. Radicalization within diaspora communities is a …

Structural Determinants Of Homicide: The Big Three, Maria Tcherni

Criminal Justice Faculty Publications

Building upon and expanding the previous research into structural determinants of homicide, particularly the work of Land, McCall and Cohen (1990), the current paper uses county-level data to disentangle three major influences on homicide rates: poverty, racial composition, and the disruption of family structure. Theoretical foundations of these influences are laid out, and the effects of the three factors on homicide rates are tested at two time periods as far removed from one another as possible: 1950-1960 and 1995-2005. All major variables typically used in homicide research are included as controls. The results of analyses show that the effects of …

From Juvenile Court To The Adult Criminal Justice System: An Examination Of Judicial Waiver, Sheri Lu Jenkins Cruz

Dissertations

This project was concerned with how extra legal factors impact juvenile court judge‟s decisions to waive juveniles to the adult criminal court. This study had both a general and a specific purpose. Generally, it sought to identify and examine the perceptions of juvenile court judges regarding judicial waiver based on previous positions held and on the state in which the juvenile judge resides. Specifically, this study sought to examine the relationship between individual characteristics of juvenile court judges and their perceptions regarding judicial waiver. Based on the research questions, ten hypotheses were developed and tested. The population for this study …

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.