Social and Behavioral Sciences Commons^™

The Latina Experiences Of Intimate Partner Violence In The Rio Grande Valley, Lucas Enrique Espinoza, Luis Enrique Espinoza, Rosalva Resendiz, Georgina Villegas-Montenegro

Criminal Justice Faculty Publications

Intimate partner violence (IPV) is a severe public health and criminal justice issue that disproportionately affects women more than men. This sought to explore Latina experiences of IPV in the Rio Grande Valley (RGV). Twelve Latina IPV survivors from the RGV, ages 24 to 40 years old, were interviewed using purposive and snowball sampling methods. Several primary themes were discovered: types of abuse; perceived reasons for the abuse; education and economic insecurity; why stay or leave an abusive relationship; the criminal justice system’s role; and self blaming. All participants (n = 12) were college educated and endured IPV victimization at …

Lessons Learned In Prison, Daniel Keating

Scholarship@WashULaw

One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching comfort zone by trying something completely different. Sometimes these initiatives will end up being a one-time experiment. That was the case a little over ten years ago when I decided to teach a new course (Contracts) in a new format (online, but well before Zoom had become commonplace). Other times, my teaching experiment will prove to be more than just a frolic and detour, as was true eight years ago when I began offering a free …

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Prosecuting The Crisis, Benjamin Levin

Scholarship@WashULaw

Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …

Space Law As Twenty-First Century International Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …

The Pledging World Order, Melissa (M.J.) Durkee

Scholarship@WashULaw

There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …

Industry Groups In International Governance: A Framework For Reform, Melissa (M.J.) Durkee

Scholarship@WashULaw

The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

Privatizing International Governance, Melissa (M.J.) Durkee

Scholarship@WashULaw

Public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan’s launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, and other global governance agendas. At the same time, UN climate change bodies have been criticized …

Comments Of The Cordell Institute On Ai Accountability, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

These comments are a response to the National Telecommunications and Information Administration's 2023 request for comment on AI accountability (AI Accountability RFC, NTIA–2023–0005).

Responding to NTIA’s recent inquiry into AI assurance and accountability, we offer two main arguments regarding the importance of substantive legal protections. First, a myopic focus on concepts of transparency, bias mitigation, and ethics (for which procedural compliance efforts such as audits, assessments, and certifications are proxies) is insufficient when it comes to the design and implementation of accountable AI systems. We call rules built around transparency and bias mitigation “AI half-measures,” because they provide the appearance …

Are Lawyers’ Case Selection Decisions Biased? A Field Experiment On Access To Justice, Jens Frankenreiter, Michael A. Livermore

Scholarship@WashULaw

The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients’ names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race is a significant factor, but we also explore race and gender interactions. We find that ostensibly Black or Hispanic inquirers receive fewer responses than ostensibly White inquirers, a result largely driven by preferential treatment of White female inquirers. The racial disparities are larger than those previously documented in contexts such as …

Removal Rehashed Legal History: Response, Andrea Scoseria Katz, Noah A. Rosenblum

Scholarship@WashULaw

We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal. In this new piece, Professors Aditya Bamzai and Saikrishna Bangalore Prakash aim to persuade readers that the President’s power to remove executive officers is exclusive and nondefeasible; textually mandated; and a matter of common assent at the time of the Founding.

There are high hurdles to proving this argument, and this piece fails to scale them. There is little evidence for any of these separate contentions, whether we look to the Constitution’s text or the history …

What Issues Are Fair Game In Moore V. United States?, Conor Clarke

Scholarship@WashULaw

On December 5th, the Supreme Court heard oral argument in Moore v. United States, a constitutional challenge to the mandatory repatriation tax (“MRT”) in the 2017 Tax Cuts and Jobs Act. The case raises basic questions about the scope of Congress’s taxing power, and has the potential to reshape and limit federal taxation. (Ben Silver had a nice summary of the complicated constitutional and statutory background last week, and I’ve also written about the case elsewhere. Rather than rehash those details, I will assume some basic familiarity with the case in what I say below.

Expert Governance Of Online Speech, Brenda Dvoskin

Scholarship@WashULaw

In a world of fundamental disagreements about how social media companies should govern speech, it is striking that nearly everyone agrees that online speech governance should be based on human rights. The human rights project for content moderation proposes that social media platforms align their own internal speech policies with international human rights law (IHRL). It seeks, I argue, a system of expert governance: one in which a corporate technocracy applies a set of exogenous principles imagined as objective and global. Ultimately, this governance model shifts power to experts under the illusion of empowering the people.

To support these claims, …

The Judicial Assault On The Administrative State Regulating Upheavals In The Securities Markets And Boardrooms, Joel Seligman

Scholarship@WashULaw

The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself. George Washington initially was President of a country with a population of about four million, eleven States, and three Cabinet Departments (State, Treasury, and War). Washington’s Government had no standing army, no Social Security, Medicare or Medicaid, and no programs addressing the environment, labor, or health. In 1791, the Treasury Department had approximately 500 employees, the War Department had 12, the State Department, 8.

Today, the National Government has twenty-four Cabinet members. In 2023, there are 2.89 …

Investigating Collaborative Explainable Ai (Cxai)/Social Forum As An Explainable Ai (Xai) Method In Autonomous Driving (Ad), Tauseef Ibne Mamun

Dissertations, Master's Theses and Master's Reports

Explainable AI (XAI) systems primarily focus on algorithms, integrating additional information into AI decisions and classifications to enhance user or developer comprehension of the system's behavior. These systems often incorporate untested concepts of explainability, lacking grounding in the cognitive and educational psychology literature (S. T. Mueller et al., 2021). Consequently, their effectiveness may be limited, as they may address problems that real users don't encounter or provide information that users do not seek.

In contrast, an alternative approach called Collaborative XAI (CXAI), as proposed by S. Mueller et al (2021), emphasizes generating explanations without relying solely on algorithms. CXAI centers …

The Hidden Role Of The “Co-” Paradigm In The Conceptualization And Application Of Living Labs, Madelina E. Dilisi

Dissertations, Master's Theses and Master's Reports

In the past two decades, the living lab has emerged as an innovative approach for addressing a wide range of issues. Living labs challenge traditional top-down research and development approaches in an array of subjects including climate change and sustainability, healthcare, information communication technology, and urban planning. Despite their growth, the current conceptualization of living labs is incomplete. The conceptual ambiguity surrounding living labs prevents researchers and practitioners from appreciating their true value, limitations, and appropriate applications. My thesis builds on Dekker et al.’s (2020) living lab research by including key concepts from the “co” paradigm literature that includes the …

Homophobia In Jamaica And Its Impact On The Victimization Of Homosexual Adult Males In Montego Bay, St. James, Dr. Shahila D. Edwards-Grey

Walden Dissertations and Doctoral Studies

AbstractJamaica has been listed among the most unfriendly nations for homosexual males. Previous research indicated that due to the biopolitical and sociocultural norms of the Jamaican society, homosexual males continued to be targets of various forms of discrimination based on their sexual orientation. However, research reflecting the lived experiences of homosexual males in Jamaica is sparse. The purpose of this phenomenological qualitative study was to provide details on the encounters of victimization due to homophobia of adult homosexual males in the parish of St. James, Jamaica. Data were collected through observations and in-depth interviews with eight men who identified as …

On The Volatility And Market Inefficiency Of Bitcoin During The Covid-19 Pandemic, Cesar C. Rufino

DLSU Business & Economics Review

The COVID-19 pandemic has been causing unprecedented economic downturn worldwide. As it wreaks havoc on every aspect of global economic activities, stakeholders are wondering how its impact can be quantified to craft viable responses. In the exotic field of cryptocurrencies, prior to the pandemic, everyone was excited about Bitcoin and its multitude of potentials. However, a day after COVID-19 was officially announced by the World Health Organization as a pandemic, the rate of return to Bitcoin dropped by an unheard-of one-day decline of -46.5%, and people started to rethink the prospects of Bitcoin. A day after this steep decline, Bitcoin …

Dynamic Connectedness In The Asean’S Equity Markets During The Covid-19 Pandemic, Yuthana Sethapramote, Suthawan Prukumpai, Lawrence B. Dacuycuy

DLSU Business & Economics Review

The COVID-19 pandemic unleashed shocks that triggered severe global economic contraction and spawned sizeable financial market fluctuations. This paper examines the dynamic connectedness between ASEAN stock markets and major global stock markets using the dynamic connectedness framework developed by Diebold and Yilmaz (2009, 2012). Empirical results reveal that ASEAN stock markets and other emerging markets have experienced higher spillovers from global equity markets during the pandemic than in normal times. In addition, the role of ASEAN region spillovers has increased significantly during the COVID-19 outbreak. This study contributes to the existing literature by investigating the extent of dynamic connectedness between …

A Sector Prioritization Index With Carbon Emission Intensity Considerations, Krista Danielle S. Yu, Christine Alyssa P. Solis, Viknesh Andiappan

DLSU Business & Economics Review

Globalization has influenced the production processes. The varying degree of regulation on carbon emissions has caused some economies to continue with their production practices which can cause them to miss their commitments to international organizations. Previous literature has developed prioritization and vulnerability indices for sectors that account for the socioeconomic metrics, but they were unable to integrate the environmental effects that sectors generate. This study proposed a sector prioritization index with carbon emission intensity considerations to include the environmental effects based on a

multiregional input-output model. The results show that electricity sectors, services sectors, transport sectors, and energy- intensive industries …

Nexus Of Innovation And Firm-Level Productivity: Evidence From Philippine Manufacturing Firms, Zandro M. Catacutan, Willington O. Onuh

DLSU Business & Economics Review

We examine firms’ propensity to engage in innovation activities and the impact of innovation on firm-level productivity in the Philippine manufacturing firms using comprehensive firm-level data from the 2015 World Bank Enterprise Survey. We use two main specifications: the probit model to assess firms’ propensity to innovate, and endogenous switching regression to evaluate the impact of innovation on productivity and address endogeneity issues. Our empirical findings suggest that the propensity of firms to engage in innovation is low and negatively affected by R&D intensity and capital intensity. We find evidence of beneficial effects for both product and process innovations on …

First Amendment Scrutiny: Realigning First Amendment Doctrine Around Government Interests, John D. Inazu

Scholarship@WashULaw

This Article proposes a simpler way to frame judicial analysis of First Amendment claims: a government restriction on First Amendment expression or action must advance a compelling interest through narrowly tailored means and must not excessively burden the expression or action relative to the interest advanced. The test thus has three prongs: (1) compelling interest; (2) narrow tailoring; and (3) proportionality.

Part I explores how current First Amendment doctrine too often minimizes or ignores a meaningful assessment of the government’s purported interest in limiting First Amendment liberties. Part II shows how First Amendment inquiry is further confused by threshold inquiries …

Out Of Bounds?: Abortion, Choice Of Law, And A Modest Role For Congress, Susan Frelich Appleton

Scholarship@WashULaw

This invited contribution to a symposium on the multiple intersections of family law and constitutional law grapples with the emerging problems of jurisdictional competition and choice of law in interstate abortion situations in the wake of Dobbs v. Jackson Women’s Health Organization—as abortion-hostile states seek to impose restrictions beyond their borders and welcoming states seek to become havens for abortion patients, regardless of their domicile. Grounded in a conflict-of-laws perspective, the essay lays out the interstate abortion chaos invited by Dobbs and the threat to our federal system that it presents, given Congress’s failure to codify a national right to …

The Unabridged Fifteenth Amendment, Travis Crum

Scholarship@WashULaw

In the legal histories of Reconstruction, the Fifteenth Amendment’s drafting and ratification is an afterthought compared to the Fourteenth Amendment. This oversight is perplexing given that the Fifteenth Amendment ushered in a brief period of multi-racial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the historical record and provides a thorough accounting of the Fifteenth Amendment’s text, history, and purpose.

This Article situates the Fifteenth Amendment within the broad array of constitutional provisions, federal statutes, fundamental conditions, and state laws that enfranchised—and disenfranchised—Black men during Reconstruction. This Article then performs …

The Fourth Amendment And General Law, Daniel Epps, Danielle D'Onfro

Scholarship@WashULaw

For decades, Fourth Amendment protections have turned on “reasonable expectations of privacy.” But a new era may be dawning. There is growing interest among judges and scholars in turning away from privacy toward property or positive law as the touchstone for Fourth Amendment protections. Yet many questions remain about how that approach should work, such as where judges should look for positive law and precisely what role positive law should play in Fourth Amendment analysis.

This Article answers those questions, and in so doing lays forth a new, comprehensive theory of the Fourth Amendment. We argue that courts should interpret …

An Empirical Analysis Of Clinical Legal Education At Middle Age, Robert R. Kuehn

Scholarship@WashULaw

This article provides the first comprehensive empirical analysis of clinical legal education’s development and growth over the past fifty years. By analyzing dozens of surveys and reports on aspects of clinical legal education, including unique data developed by the authors, and comparing the results over time, this article presents a factual picture of clinical legal education’s progression from early adulthood to today’s middle age.

This article seeks to inform the present and help legal educators shape the future role of law clinic and field placement courses in the preparation of law students for the practice of law. It provides an …

A Narrow View Of Transnational Fiduciary Law, Andrew F. Tuch

Scholarship@WashULaw

Fiduciaries frequently confront transnational situations. Yet, even as people, products, and capital have become more mobile, scholars have until recently given little attention to the transnational dimensions of fiduciary law.

This chapter conceptualizes transnational fiduciary law, a term that marries the fields of fiduciary and transnational law. It identifies two primary understandings of the concept and explores their scope and possible content.

Under the first interpretation of this composite concept, the term transnational qualifies what fiduciary scholars have conventionally understood as fiduciary law. Transnational fiduciary law, on this view, encompasses the application of fiduciary law to transnational problems and situations. …

The Endgame Of Court-Packing, Kyle Rozema, Daniel Epps, Adam Chilton, Maya Sen

Scholarship@WashULaw

At several points in history, politicians and commentators have proposed adding seats to the Supreme Court to accomplish partisan ends. We explore the incentives for a political party to initiate “court-packing” and what the Supreme Court would look like in a world where political parties engage in repeated partisan court- packing. To do so, we use an Agent-Based Model and different data sources to calibrate the behaviors of Presidents, Congresses, and Supreme Court justices. We then simulate the future composition of the Court in worlds with and without court-packing. The simulations suggest that a political party with an initial minority …