Legal Studies Commons^™

Labor Unions, Solidarity, And Money, Marion G. Crain, Ken Matheny

Scholarship@WashULaw

For labor, 2018 was a year of highs and lows. A wave of teachers’ strikes in states traditionally hostile to public sector labor unionism and collective bargaining garnered widespread popular support. The passions animated by the strikes were credited with inspiring a range of progressive political shifts, including the rollback of right to work laws in Missouri and new challengers running on education platforms aimed at increasing investment in public education. Less than three months later, the Supreme Court issued its decision in Janus v. AFSCME, Council 31 invalidating agency fees that public sector unions relied on to cover costs …

Sentencing Reform: Fixing Root Problems, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

In theory, at least, many subscribe to the belief that it is better to let 10 or 100 guilty persons go free rather than convict an innocent person. Indeed, the American criminal justice system provides criminal defendants a panoply of important rights, including the right to effective assistance of counsel, in large part to ensure that the innocent are not convicted of crimes that they did not commit. But defense counsel is there not only to protect the innocent, but also to ensure that, if the defendant is found guilty after trial or if the defendant pleads guilty before trial, …

Evidence-Informed Criminal Justice, Brandon L. Garrett

Faculty Scholarship

The American criminal justice system is at a turning point. For decades, as the rate of incarceration exploded, observers of the American criminal justice system criticized the enormous discretion wielded by key actors, particularly police and prosecutors, and the lack of empirical evidence that has informed that discretion. Since the 1967 President’s Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, there has been broad awareness that the criminal system lacks empirically informed approaches. That report unsuccessfully called for a national research strategy, with an independent national criminal justice research institute, along …

Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.

Digital Forensic Readiness In Organizations: Issues And Challenges, Nickson Menza Karie, Simon Maina Karume Dr.

Journal of Digital Forensics, Security and Law

With the evolution in digital technologies, organizations have been forced to change the way they plan, develop, and enact their information technology strategies. This is because modern digital technologies do not only present new opportunities to business organizations but also a different set of issues and challenges that need to be resolved. With the rising threats of cybercrimes, for example, which have been accelerated by the emergence of new digital technologies, many organizations as well as law enforcement agencies globally are now erecting proactive measures as a way to increase their ability to respond to security incidents as well as …

Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology, Belinda L. Parker

Qualitative Criminology (QC)

"This article presents Qualitative Comparative Analysis (QCA; Ragin, 1987, 2000) as a useful methodological approach for criminological research. The aim is to introduce QCA’s logic and assumptions and a step-by-step guide to its application of crisp-set QCA using an illustrative hypothetical example. While QCA is a relatively new method and not widely used within criminological research thus far, it offers a unique approach that is particularly well suited to the field. This article is intended to serve as an introduction to those researchers interested in QCA and to demonstrate how they may incorporate it into their research."

Employment Pathways: How Former Offenders Navigate To Employment, Breanne Pleggenkuhle, Alaina Bearsby Steele, Elle Gray Teshima

Qualitative Criminology (QC)

"Employment is one of the most critical dimensions of reintegration, and much research documents the barriers formerly incarcerated persons experience in seeking out steady work. However, most offenders are ultimately successful in obtaining some form of employment. Less research discusses how offenders manage these barriers or examines the practice by which offenders navigate employment pathways, and even less examines whether particular offense categories further challenge the process. The current research utilizes qualitative data to examine the methods by which ex-offenders seek out and obtain employment, with an emphasis on the function of self-motivating practices, access to services, and the utilization …

“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City, Megan Welsh

Qualitative Criminology (QC)

"Low-level enforcement activities such as pedestrian and traffic stops, the issuance of criminal court summonses (tickets or citations), and misdemeanor arrests comprise the vast majority of police-citizen encounters relative to the policing of more serious, felony-level offenses. The complexities of these activities – particularly from the perspectives of the police officers who carry them out – have received relatively little scholarly attention. In an effort to more fully understand the nuances of low-level enforcement, in particular how such activities have changed over time and how police officers have experienced such changes, in-depth interviews were conducted with a small sample of …

Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row, Jordan Denton

Qualitative Criminology (QC)

"Aggressive crime control strategies such as stop-and-frisk and poverty governance bring forth contentious debates on their impact. Proponents argue the policies are needed to combat crime, while opponents contend they are oppressive, harmful, and discriminatory. It is rare in these discussions that the perspectives of the control agents and the public impacted by the policies are simultaneously engaged. Forrest Stuart in his book Down, Out, and Under Arrest: Policing and Everyday Life in Skid Row fills this gap using ethnographic and historical data to depict how poverty governance impacts the everyday interactions of Skid Row residents, police, and community organizations. …

‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior, Christopher W. Mullins, Daniel R. Kavish

Qualitative Criminology (QC)

"This paper provides an examination of the role that male peer support plays in negative sexual attitudes and behaviors vis-àvis women. Drawing on semi-structured interview data collected from at risk high school students in an urban Midwestern town, we are able to qualitatively explore attitudes, behaviors, and experiences within this group of young men and women as they relate to negative sexual behaviors. We integrate routine activites theory with a male peer support theory of violence to to obtain a more holistic view of negative sexual behaviors. Male peer support models provide us with a theoretical explanation of the variation …

Out Of The Prison And Onto The Streets: The Trafficking Of Incarcerated Women (A Trans-Disciplinary Media Research Project), Mei-Ling Mcnamara

Biennial Conference: The Social Practice of Human Rights

Women are being actively targeted for the sex trafficking trade within US prisons and are recruited by a network of fellow inmates who are given "finders fees" for supplying victims. In prisons from Florida to North Carolina, Ohio to Massachusetts, women are promised housing and food in exchange for work upon release but instead are deceived and prostituted for the human trafficking trade. Some traffickers stalk their victims through public-access profiles from statewide prison websites, then groom them over months through correspondence and phone calls.

Inside the largest women’s prison in the United States, the Florida Lowell Correctional Institution, officers …

How Would You Like To Die? Glossip V. Gross Deals Blow To Abolitionists, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

After capital punishment opponents’ pressure on drug suppliers reduced the lethal injection drug supply, Oklahoma began using midazolam, resulting in botched executions. Condemned inmates sought to stop use of this lethal injection protocol. In Glossip v. Gross, the U.S. Supreme Court found inmates failed to establish such protocols entail a substantial risk of severe pain compared to available alternatives, undermining the supply side attack strategy and leaving inmates facing the possibility of an unnecessarily painful execution. This article places the Glossip decision within the context of method of execution jurisprudence and discusses implications for the ongoing battle over capital …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 50, Number 2, Fall 2017

Nebraska Transcript

Dean’s Message

New Schmid Clinic Building enhances College's ability to provide students with hands-on legal education

Susan Poser's portrait joins those of fellow deans

Donors make the Marvin & Virginia Schmid Clinic Building a reality

Nebraska Law's new Children's Justice Clinic trains students to advocate for state's youth

Preeta Bansal delivers spring commencement address

Client Counseling Competition: From an excuse to hang out to win after win

Jenna Cope and Kari Schmitz are the 2017 ABA Law Student Division Client Counseling Competition National Champions.

Nebraska Law garners team, individual honors in INADR Law School Mediation Tournament

Nebraska Law team places …

Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Fss 2020: Pension Sector, Zarah Gadzama

Bullion

The Nigerian Pensioner over the years is seen to have been deprived of his/her benefits even after retirement. The inconsistency of payments, corruption and lack of data or payments to Ghost Pensioners was a major setback to the defined benefits pension scheme of the Federal Government. To curtail these challenges, the Federal Government commenced the reform of the sector through legislative reforms to create a robust Pension industry that can meet the needs of all pensioners. This Paper intends to review the Journey So for of the FSS2020 Pension Sector. The paper ls divided into five Sections; Section one deals …

The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa

Dissertations, Theses, and Capstone Projects

Intense demand for cheap labor in the United States has resulted in a widespread effect of employing high skilled immigrants in STEM fields. Examining how companies use high-skilled visa categories to create a flexible cheaper immigrant workforce, this paper demonstrates that skilled immigrants from Asia are being exploited through neutral skills-based criteria that are de facto racially biased. The purpose of this paper is to raise awareness of how, from the perspective of law and society, skills-based immigration works primarily to benefit the technological industry rather than skilled immigrants.

Criminal Responsibility: Meta-Analysis And Study Space, Lauren E. Kois

Dissertations, Theses, and Capstone Projects

Criminal responsibility (CR; i.e., sanity) has garnered significant research attention over the years. While some variables predicting insanity outcomes are consistent, others are not. Study-level characteristics, such as sample selection, variability in the operational definition of insanity, or other unknown influences may explain discrepant findings. It is critical to consolidate these variables and systematically assess differences in methodology to understand the state of the literature and to guide future research. As such, I conducted the first meta-analysis and study space analysis (see Malpass et al., 2008) in this area. Only 16 studies met inclusion criteria for the meta-analysis. Summary effects …

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the …

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist

Buffalo Law Review

No abstract provided.

Are Dhs Technology Grants For Local Police Departments An Effective Tool Against Terrorism?, Erika Mcginty

Student Theses

This paper examines the effectiveness of allocating funds to the nation’s police departments for the prevention of domestic terrorism, as is done annually through the Department of Homeland Security’s Homeland Security Grants Program. The program, administered by the Federal Emergency Management Administration, has distributed billions of dollars since its 2003 inception in equipment, software, and technology services based on the recipient police agencies’ own risk assessments of local terrorism. Much of the technology desired by police consists of systems of mass surveillance; this thesis focuses on implementations of surveillance video cameras or CCTV, license plate readers, and unmanned aerial vehicles. …

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between home selling …

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or …