Legal Studies Commons^™

The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin

Scholarship@WashULaw

Because private companies now control the most prominent communication platforms, the most pressing question in the field of content moderation is how to ensure that the governance of public discourse responds to public values. The prevailing approach, given that the state cannot regulate speech directly, is that state regulation can be substituted with audited self-regulation, broad stakeholder participation, and negotiated rulemaking. In this model, which this article refers to as the “new governance model for content moderation,” companies include advocates as representatives of the public in their processes to govern online speech. Ideally, they negotiate policy goals and share responsibility …

Algorithmic Governance And Nondiscrimination Rights In The Workplace, Pauline Kim

Scholarship@WashULaw

This chapter analyzes existing legal responses to the problem of discriminatory algorithms in the workplace. As firms increasingly rely on algorithms or automated decision systems, a type of artificial intelligence, to manage their workforces, concerns have grown that these tools can systematically exclude historically disadvantaged groups. One response is to rely on traditional anti-discrimination law. These laws clearly prohibit certain forms of algorithmic discrimination; however, the complex, opaque nature of algorithms makes identifying and proving discriminatory harms challenging. Another response looks to broader frameworks of data protection and algorithmic regulation to protect against workplace discrimination. These initiatives are promising, but …

Venturing Into Health, Rachel Sachs

Scholarship@WashULaw

In recent years, the landscape of venture capital (VC) investment in healthcare technologies has been altered by the introduction of new types of VC firms: those that have emerged from hospital systems and health insurers. However, the legal literature has not yet analyzed these new VC firms, the role they may play in healthcare innovation, and how innovation law and policy ought to consider their involvement. Hospital system and health insurer VC firms operate very differently than do traditional VC firms, even those that have historically developed healthcare specializations. Instead of simply investing capital into start-up firms, hospital system and …

A New Framework For Drug Pricing Law And Policy, Rachel Sachs

Scholarship@WashULaw

Scholars and policymakers have expressed concern about the impact of high prescription drug costs on patients and healthcare budgets. This Article presents a new theoretical framework for evaluating both the problem to be addressed by drug pricing reforms as well as the efficacy of potential solutions. In seeking to solve “the drug pricing problem,” our legal system has given primacy to competition rather than regulation to drive down drug prices. This Article disaggregates the broader concept of “the drug pricing problem” into four steps, each of which must be addressed and each of which elevates different institutional actors to key …

Special-Purpose Governments, Conor Clarke, Henry Hansmann

Scholarship@WashULaw

When one thinks of government, what comes to mind are familiar general-purpose entities like states, counties, and cities. But more than half of the 90,000 governments in the United States are strikingly different: They are “special-purpose” governments that do one thing, such as supply water, fight fire, or pick up the trash. These entities have expanded far more rapidly than any other form of government. Yet they remain understudied, and they present at least two puzzles. First, special-purpose governments are difficult to distinguish from entities that are typically regarded as business organizations—such as consumer cooperatives—and thus underscore the nebulous border …

Impacto De La Pandemia De La Covid-19 En Las Familias De Los Jóvenes Universitarios De Las Poblaciones Rurales Mayas Del Estado De Yucatán, Jorge Atocha Pacheco Castro

Journal of Maya Heritage

Abstract. This study examines the impacts of the COVID-19 pandemic on the families of university students from rural Maya communities in Yucatán, Mexico. Utilizing an anthropological framework, the research highlights the interplay of structural vulnerabilities and cultural resilience. It explores how families navigated economic challenges, social interactions, and cultural practices amid the crisis. Key findings include the reliance on traditional subsistence practices such as small-scale agriculture and backyard farming, which provided a safety net during economic downturns. Socially, rural families reported lower stress levels and stronger communal bonds compared to their urban counterparts, owing to expansive living spaces and outdoor …

After Impunity: The Anti-Impunity Norm, The Colombian Special Jurisdiction For Peace, And The Future Of International Criminal Law, Max Pensky

Genocide Studies and Prevention: An International Journal

The predominance of international criminal law as a frontline response to atrocity crimes prioritizes the countering of impunity as an overarching goal. A corresponding “anti-impunity norm” identifies the legal punishment of individual perpetrators as a core requirement in legal responses to atrocities. This anti-impunity norm – the requirement to prosecute and punish – is also a legal obligation for state parties to the International Criminal Court. But the anti-impunity norm equates impunity’s opposite – accountability – with the imposition of legal punishment. This narrow interpretation of impunity places limits on states’ ability to craft context-specific responses to atrocities while also …

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

The Intersection Of Socio-Cultural System And Legislation: Family Protection Laws In Palestine And Gender Equality, Muayad K. Hattab, Fayez A. Mahamid

An-Najah University Journal for Research - B (Humanities)

Arabic and Muslim societies still fear every new proposition or change that could lead to the enhancement of women’s economic liberation or could undermine male domination over women. The social and religious panic associated with the proposed law on “Family Protection Law from Violence” that has been witnessed in Palestine, is a clear illustration of this fear. Objective: The aim of this study is to examine the impact that religious and social culture has on promulgating new laws that are directly connected to issues of women’s rights and gender equality in the Muslim community, where Palestine is the example …

The Relationship Between Police Stress And Officer Misconduct, Leobardo Lopez-Cristobal

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent high-profile and controversial police-related incidents have sparked an intensified public discourse on police misconduct. This has resulted in increasing calls for greater accountability and transparency within U.S. police agencies. Much of the existing research on police misconduct centers around two competing explanations: the "bad apples" perspective, which attributes misconduct to individual officers, and the "bad barrels" perspective, which points to systemic or organizational factors (Rojek, Decker, & Wagner, 2015). However, one factor that has been underexplored in the literature is the role of police stress in influencing deviant police behavior. Previous studies suggest a potential link between police-related stress …

The Impact Of Adverse Childhood Experiences On Later Desistance Among Serious Juvenile Offenders From A Broken Family Composition, Olivia Franklin

Master's Theses

The current study aimed to contribute to the overall knowledge of desistance patterns among juveniles by exploring them among serious juvenile offenders who come from a broken home. Utilizing the Pathways to Desistance (PTD) dataset, this study used logistic regression to examine the impact of family composition on later desistance while controlling for various adverse childhood experiences (ACEs) one might experience. Two research questions guide this study: (1) Does family composition (i.e., “broken homes”) impact later desistance among serious adolescent offenders, while controlling for important criminological predictors (i.e., self-control and antisocial peer influence)? (2) Is the quality of one’s home …

Transformación De La Sociedad Saharaui: Evolución Histórica Y Reorganización Social, Mustapha Ouzir

Journal of Maya Heritage

Este artículo analiza la evolución histórica y los cambios sociales en la región sahariana, desde Oued Nun hasta el río Senegal, destacando el impacto de la llegada de las tribus Banu Hassan sobre la población autóctona amazigh Sanhaja. Se exploran los cambios en la estructura social, caracterizados por una nueva jerarquía étnica y tribal. Además, se examina la influencia de la colonización española en la transformación de la sociedad saharaui, que pasó de un estilo de vida nómada a uno más sedentario. El estudio destaca el proceso de sedentarización y los cambios socioculturales resultantes, como la alteración de roles familiares …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie

Northwestern University Law Review

This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …

Criminal Juror Challenges And Csli: A Rule 16 Revision To Maintain Impartial Juries, Ivy Kaplan

Northwestern University Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants “the right to a speedy and public trial by an impartial jury of the State.” Voir dire, the procedure during which the prosecution and the defense may challenge prospective jurors for cause or exercise peremptory challenges, purports to uphold this right. When the prosecution has access to cellular geolocation data on prospective jurors that the defense lacks, however, it may jeopardize the defendant’s Sixth Amendment rights.

This Note proposes a solution to that problem in the form of an addition to Rule 16 of the Federal Rules of Criminal Procedure. …

Tendencias Fonéticas Y Aspectos Gramaticales Del Español Hablado En El Sáhara, Mustapha Ouzir

Journal of Maya Heritage

Este estudio analiza las tendencias fonéticas y los aspectos morfosintácticos del español hablado en el Sáhara, una región marcada por su historia colonial como territorio español. Mediante una metodología cualitativa, que incluye observación libre, conversaciones grupales y pruebas fonológicas, se investigan las características lingüísticas de los hablantes saharauis, cuya lengua materna es el hassanía. Los hallazgos revelan una interferencia fonética significativa, como la neutralización vocálica, la reducción de diptongos y la influencia del español canario. También se identifican desviaciones morfosintácticas respecto al español estándar, incluyendo problemas de concordancia gramatical, tiempos verbales y uso de preposiciones. Estos fenómenos reflejan el impacto …

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

A Century Of Scholarship: University Of Arkansas School Of Law Faculty Scholarship 1924–2023, Steven R. Probst

Arkansas Scholarly Editions

Steven R. Probst’s bibliography A Century of Scholarship: University of Arkansas School of Law Faculty Scholarship 1924–2023 marks an important anniversary: the 2024 centennial of the U of A School of Law. To honor this occasion, Probst has assembled, through extensive archival research, the list of publications that U of A law faculty have authored over the course of the school’s hundred-year history. A Century of Scholarship is a testament to the invaluable scholarly contributions of these extraordinary thinkers who have shaped our legal landscape.

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2024

Nebraska Transcript

Dean’s Message

Alumni Master Jonathan Hatami, ’02, gives a voice to children in court

Ledford, ’25, leads OUTLaw with compassion in mind

Four Nebraska Law students attend Ms. JD Leadership Academy Intensive

Brummond named recipient of Limitless Leadership Award

Black Law Student Association champions representation in the legal profession

Professor Brandon Johnson: examining electoral jurisprudence

Suggs, ’79, reflects on Lennon case after nearly 45 years

Nebraska Law introduces new peer-reviewed law journal

Generations of Law graduates recognized with Nebraska Alumni Association Family Tree Award

Nebraska Law Review hosts symposium on democracy and trust

Cole leads establishment of Nebraska Innocence Clinic …

Humanitarian Parole To The United States: The Case Of A Gay Man Fleeing Afghanistan, Melanie Shapiro

Dignity: A Journal of Analysis of Exploitation and Violence

This article will discuss my experience as an immigration attorney representing a gay man from Afghanistan fleeing the Taliban. First, it will give an overview of the Taliban’s role in Afghanistan and the Taliban takeover in August 2021. It will then discuss the treatment of lesbian, gay, bisexual, and transgender (LGBT) individuals in Afghanistan. Next, the article will discuss how I became involved in representing individuals fleeing Afghanistan and the humanitarian parole process.

An Updated Practical Guide To Taking And Defending Depositions, Gary S. Gildin

Dickinson Law Review (2017-Present)

The deposition offers a singular opportunity to handcuff the deponent to an irreversible script. Consequently, both the attorney taking the deposition and defending counsel must prepare for and conduct the deposition with equal if not greater care than the trial.

Traditionally, lawyers have used the deposition to discover facts relating to the legal elements and the credibility, perception, and recollection of the witness. However, recent breakthroughs in neuroscience as to how the brain makes decisions have revealed a different genre of evidence that will drive how the trier of fact will decide the case. Today an attorney taking a deposition …

Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento

Theses and Dissertations

Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …

Corona Life, Tyler Anserson

Writing Beyond the Prison Living Archive

Memoir

Procedural Justice In Prison: Examining Female Inmates’ Experiences, Perceptions, And Interactions With Correctional Officers, Michael E. Antonio, Selena R. Price, Cassandra L. Reyes

Qualitative Criminology (QC)

"Correctional staff behavior can impact inmates’ perceptions of procedural justice and facilitate incidents of prison misconduct and violence. This analysis showed findings gathered from 136 female inmates incarcerated in a state correctional system. This exploratory analysis examined inmates’ self-reported responses about direct experiences, perceptions, and interactions with correctional officers. Findings from 19 Likert-scale items highlighted inmates’ encounters with correctional officers, however, results shown here focused on findings uncovered from a content analysis performed on inmates’ written comments to an open-ended item. The emerging themes portrayed correctional officers as disrespectful, indifferent, misusing authority, and dehumanizing."

Lessons Learned From An Undergraduate Criminal Justice Internship: The Student Experience, Nancy Blank, Robin S. Goldberg-Glen, Lori Simons, Nicole Scharfetter, Denna Grande

Qualitative Criminology (QC)

"Internships play a crucial role in the educational and professional training of students. This article presents a qualitative evaluation of the benefits and challenges of an undergraduate internship through an examination of self-reflective journals completed by 20 seniors majoring in criminal justice. Findings were organized into five major themes: knowledge acquisition, professional development, personal development, affective development, and awareness of the realities of the criminal justice system. The most frequently cited benefits included increased learning, the ability to apply coursework to the internship experience, and improved career readiness. Challenges included exposure to field experiences that led to feeling sad and …

Criminology And Criminal Justice Researchers’ Experiences And Challenges With Institutional Review Boards, Elaine Gunnison, Jacqueline B. Helfgott

Qualitative Criminology (QC)

"Conducting research in criminology and criminal justice settings brings unique challenges involving human subjects. Prior research has examined the quality and effectiveness of Institutional Review Boards (IRB). However, research on the experiences of criminology and criminal justice researchers when interfacing with their IRBs is scant. This study seeks to fill this gap through the exploration of experiences criminology and criminal justice researchers have had with IRBs. Focus groups were conducted with 13 researchers who were members of the Academy of Criminal Justice Sciences and the American Society of Criminology. Results revealed that participants experienced challenges centering around specific themes …

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

"This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

The Making Of (Un)Certainty In Knowledge Production: Rhetoric At Play In A Heritability Controversy, Angelica Camacho, Dominique Robert

Qualitative Criminology (QC)

"(Un)certainty is not an inherent quality of a scientific assertion. It is rather the product of negotiations and collective work performed amidst noisy or quiet scientific debates. Using a controversy on heritability of crime-related behaviors as a case study, this paper proposes an analysis of the rhetoric at play to produce (un)certainty in publications presenting competing arguments. The controversy under study is at the heart of the legitimization of biosocial criminology, a contested field of study. The research shows that on the discursive front, three main strategies are used to modalize the (un)certainty of scientific claims over that of competing …

An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr

KNEA 50th Anniversary

In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.