Legal Studies Commons^™

Volume 07, Rachel C. Lombardi, Ben Osterhout, Lindsay Graybill, Rebecca E. Dey, Skyler T. Carpenter, Emma Beckett, Jason Ware, Mollie Andrews, James Bates, Landon Cooper, Tiffani Jeffries, Maria Wheaton, Dallas Price, Laura Kahler, Sarah Charlton, Anna Bultrowicz, Emily Spittle, Erin Godwin, Eamon Brokenbrough

Incite: The Journal of Undergraduate Scholarship

Introduction from Interim Dean Dr. Jennifer Apperson

Spatial Analysis of Potential Risk Factors Associated with Addition of Atlantic Coast Pipeline Through Virginia by Rachel C. Lombardi

"Delicate Matters with No Speaking," "Hope and Nothing," "Mono Duality" by Ben Osterhout

"Connect" Graphic Design Senior Project by Lindsay Graybill

Phenolic Acids in Brassicaceae Plants: Ovipositional Stimulants or Deterrents for Cabbage White Butterfly, Pieris Rapae? by Rebecca E. Dey And Skyler T. Carpenter

"Abecedarian Cards" by Emma Beckett, Jason Ware, And Mollie Andrews

Helvetica: A Type Specimen Book by James Bates, Landon Cooper, Tiffani Jeffries, And Maria Wheaton

“Things Left Behind” by Dallas …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Department of Psychology: Faculty Publications

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …

Her Ladyship Chief Justice: The Rise Of Female Leaders In The Judiciary In Africa, Josephine Dawuni, Alice J. Kang

Department of Political Science: Faculty Publications

In recent years, women have been selected as leaders of African judiciaries. This article identifies where and when women have become chief justices and presidents of constitutional courts from 1990 to 2014. We profile women from three civil-law and three common-law countries and find that the women selected meet or exceed the requirements for holding the highest position in the judiciary. We then explore why some African countries, but not others, have had female judicial leaders. We initially find that the selection method may be less important than the type of legal system, the commitment of gatekeepers, the end of …

The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …

Mcnair Research Journal - Summer 2015, Kelly Abuali, Starr Bailey, Krystal Courtney D. Belmonte, Brittaney Benson-Townsend, Jennifer Bolick, Mihaela A. Ciulei, Ashley Crisp, Daniel N. Erosa, Richard V. Foster, Gisele Braga Goertz, Michael A. Langhardt, Kara Osborne, Julienne Jochel Paraiso, Shawn M. Rosen, Bella V. Smith, Jeevake Attapattu, Ernesto H. Bedoy, Michael G. Curtis, Wanda Inthavong, Marielle Leo, Primrose Martin, Tamieka Meadows, Rosa Perez, Jessica Recarey, Shea Silver, Linda Tompkins

McNair Journal

Journal articles based on research conducted by undergraduate students in the McNair Scholars Program

Table of Contents

Biography of Dr. Ronald E. McNair

Statements:

Dr. Neal J. Smatresk, UNLV President

Dr. Juanita P. Fain, Vice President of Student Affairs

Dr. William W. Sullivan, Associate Vice President for Retention and Outreach

Mr. Keith Rogers, Deputy Executive Director of the Center for Academic Enrichment and Outreach

McNair Scholars Institute Staff

The Internet Grows Up?, Neil M. Richards

Scholarship@WashULaw

Danielle Citron’s Hate Crimes in Cyberspace is one of the most important publications to date in the emerging fields of privacy and cyberlaw. In her thoughtful and insightful book, Citron explains the uneven playing field and frequently shocking acts of abuse that women face online, and demonstrates practical steps that we can take to remedy the problem of online hate through law, education, and the development of better, more inclusive norms. Other contributors to this Symposium have examined these contributions in great detail, pointing out important nuances of Citron’s argument, urging her in at least one case to be even …

In Defense Of Empirical Legal Studies, Christina L. Boyd

Scholarship@WashULaw

The empirical legal studies movement, or ELS, is positioned to provide an important scholarly impact. As noted ELS scholar Theodore Eisenberg once put it, “[a]cross a broad range of legal issues, empirical studies can inform policymakers and the public. Legally trained social scientists have unique opportunities to enhance description and understanding of the legal system.” By all accounts, this influence is well underway. ELS scholarship has been present in law schools since at least the 1920s and is on the rise in recent years, with important empirical insights gained into legal subjects such as error rates in capital punishment convictions, …

Racism Vs. Social Capital: A Case Study Of Two Majority Black Communities, Bruce W. Strouble

Walden Dissertations and Doctoral Studies

Several researchers have identified social capital as a means to improve the social sustainability of communities. While there have been many studies investigating the benefits of social capital in homogeneous White communities, few have examined it in Black homogeneous communities. Also, there has been limited research on the influence of racism on social capital in African American communities. In this dissertation a comparative case study was used within a critical race theory framework. The purpose was to explore the role of racial oppression in shaping social capital in majority African American communities. Data were collected from 2 majority Black communities …

"If You Is White, You's Alright....": Stories About Colorism In America, Kimberly Jade Norwood

Scholarship@WashULaw

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.

Tentative Securities: 26/11, Israel And The Politics Of Mobility, Rhys A. Machold

Theses and Dissertations (Comprehensive)

This dissertation examines the global mobility of security knowhow in relation to the management of terrorism in megacities. Specifically, it offers three insights. First, it shows how historical events are performed as sites in need of transnational policy intervention. Second, it enables an understanding of how and why the sourcing of policy ‘models’ actually takes place. Third, it sheds light on how mobile policy schemes travel geographically and are put to work in particular contexts. In doing so, it elaborates on the conditions under which policies move geographically but also addresses the kinds of constraints and contradictions they face.

The …

Nunca Se Olvide Del Frío Del Mármol De Las Escaleras: Una Mirada A La Recuperación Del Ex Centro Clandestino De Detención Y Tortura De Virrey Cevallos / One Never Forgets The Cold Of The Marble Stairs: A Look At The Recuperation Of Ex Clandestine Center For Detention And Torture Of Virrey Cevallos, Jamie Gagliano

Independent Study Project (ISP) Collection

After the fall of a repressive government, there is often a discussion or an attempt to repair the damage done to society by the repressive regime. Argentina for the last thirty years has been facing this discussion. The last dictatorship, a totalitarian military dictatorship, in Argentina took place between 1976 and 1983. With the return of democracy at the end of 1983, the process of healing society began, albeit in a rather limited form due to fear of sparking the military into revolt once again. In the 1990s, the discussion was almost entirely swept under the rug by the Menem …

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21^st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.

Humanitarian Technologies And Genocide Prevention: A Critical Inquiry, Colette Mazzucelli

Genocide Studies and Prevention: An International Journal

No abstract provided.

Punishment And Inclusion: Race, Membership, And The Limits Of American Liberalism, Andrew Dilts

Law

At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, …

Women’S Representation In The Highest Court: A Comparative Analysis Of The Appointment Of Female Justices, Melody Ellis Valdini, Christopher Shortell

Political Science Faculty Publications and Presentations

The presence of women justices in the highest court varies significantly from country to country. Using an original data set of women’s representation in the highest constitutional courts in 50 democracies, we assess the causes of this variation. We find, contrary to the prevailing view, that the strength of the institution is not significantly related to the number of women on the court. Instead, we find that the existence of a “sheltered” versus “exposed” selection mechanism is the critical determinant of women’s presence. That is, when the selectors are sheltered from electoral accountability, they are less likely to select women …

Transnational Organized Crime And The Illegal Wildlife Trade Global Ties And Global Crime, Zachariah Edward Long

Graduate Program in International Studies Theses & Dissertations

World biodiversity is faced with many different threats in today's globalized world. One such threat is the emergence of transnational organized crime in the illegal wildlife trade. But why would transnational organized crime which is traditionally associated with such crimes like illegal drugs, weapons, and human trafficking be interested in the illegal wildlife trade? This thesis seeks to explore why transnational organized crime as a rational business actor would it be interested in participating in the illegal wildlife trade. To explore this relationship, this thesis will look at several different variables. First the economic conditions oflocals living with wildlife and …

The Virtues Of Justice, John Thrasher, David Schmidtz

Philosophy Faculty Books and Book Chapters

"This essay considers (and endorses) three complementary conceptions of justice as virtue. To the two senses of justice just mentioned-justice as a virtue of the soul and of the polis-we add a third that bridges these two. Virtue can be a kind of outreach rather than a kind of internal harmony, because we are talking about essentially social beings. The harmony that is this virtue's object is harmony with a community. Thus, a person who is just in this sense is disposed to respect (play within the rules of) institutions that command respect by virtue of actually working-that is, actually …

Urban Politics And The Judiciary: Treating Courts As Endogenous, Christopher Shortell

Political Science Faculty Publications and Presentations

The study of urban politics often focuses on the ability of urban regimes to successfully pursue their interests and goals. However, scholars of urban politics only peripherally consider the role that courts play. And when courts are incorporated, they are treated as exogenous to the political system. This paper argues for the importance of treating the judiciary as endogenous to the local political system. Courts are themselves political institutions and should be understood as such in the study of politics at the local level. Doing so offers several benefits, including accounting for the ways in which state-level preferences operate as …

Juvenile Diversion Programs: High-Risk Youth And Their Effect On Offense Targeting, Chelsey R. Warner

Political Science Theses and Capstones

One of the largest problems that plague the juvenile justice system today is how to better handle juvenile crime without causing the juvenile to revert back to that behavior, but still helping them understand and acknowledge the crime they have committed. The state of Minnesota has created juvenile diversion programs as an attempt to aid in that endeavor. These programs however are under researched. The goal of this article is to shed some light on what those programs look like and how some counties programs vary from other programs on other counties; specifically focusing on the variation between offense-targeting for …

Volume 06, Kristen Gains, Amanda Willis, Holly Backer, Monika Gutierrez, Cara O'Neal, Sara Nelson, Sasha Silberman, Jessica Beardsley, Jamie Gardner, Edward Peeples, Matthew Sakach, Tess Lione, Emily Wilkins, Kelsey Holt, Jessica Page, Jamie Clift, Charles Vancampen, Gilbert Hall, Jenny Nehrt, Kasey Dye, Amanda Tharp, Jamie Leeuwrik, Ashley Mcgee, Emily Poulin, Michael Kropf, Nick Pastore, Austin Polasky, Morgan Glasco, Laura L. Kahler, Melinda L. Edwards, Brandon C. Smith, Mariah Asbell, Cabell Edmunds, Amelia D. Perry, Alyssa Hayes, Irina Boothe, Perry Bason, James Early

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Caught Between Folklore and the Cold War: The Americanization of Russian Children's Literature by Kristen Gains

Graphic Design by Amanda Willis

Graphic Design by Holly Backer

Prejudices in Swiss German Accents by Monika Gutierrez

Photography by Cara O'Neal

Photography by Sara Nelson

Edmund Tyrone's Long Journey through Night by Sasha Silberman

Photography by Jessica Beardsley

Photography by Jamie Gardner and Edward Peeples

The Republican Razor: The Guillotine as a Symbol of Equality by Jamie Clift

Graphic Design by Matthew Sakach

Genocide: The Lasting Effects of Gender Stratification in Rwanda By Tess Lione and Emily …

Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman

Honors Projects

The 21^st century is an era in which the dependence on technology is at an all-time high. The availability of information on social networking sites has recently sparked a debate in regards to jury impartiality. Over the last few years states such as Florida, Michigan, and New York have received scholastic attention for making changes to local jury instructions to ensure defendant’s rights of an impartial jury guaranteed by the Sixth Amendment. Federal national jury instructions addressing juror social media usage has also drawn attention. Little, however, scholastic attention has been directed towards Northwest Ohio. This project will look …

The First Attempt At Federalizing Tort Law And Why It Failed.", Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

In the 1970s, the US Congress meticulously considered the possibility of creating a federal law of torts. The federal effort began almost a decade after many state supreme courts had expanded manufacturer liability for defective products. The state-level expansion caused a reaction among state and federal legislatures. The initial federal presence took the form of investigatory efforts, but those were soon followed by legislative proposals. The federal legislative proposals occurred simultaneously with some states' efforts to enact their own products liability laws. Although the states' tort laws might present variations on a theme, the possibilities for federal intervention in the …

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …

Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz

Wayne State University Dissertations

Homeland Security, sponsored by governmental initiatives, has become a vibrant academic research field. However, most efforts were placed with the recognition of threats (e.g. theory) and response options. Less effort was placed in the analysis of the collected data through statistical modeling. In a field that collects more than 20 terabyte of information per minute though diverse overt and covert means and indexes it for future research, understanding how different statistical models behave when it comes to massively decayed data is of vital importance.

Using Monte Carlo methods, three regression techniques (ordinary least squares, least-trimmed, and maximum likelihood) were tested …

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.

The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood

Scholarship@WashULaw

In the Dred Scott case, Justice Taney remarked that black people “had no rights which the white man was bound to respect.” In The Far-Reaching Shadow Cast by Ferguson, Professor Norwood questions whether, in today’s society, Justice Taney’s sentiment still holds true. Citing examples of recent police shootings and beatings of unarmed African-Americans and personal and family experiences, Professor Norwood argues that our country is broken and needs fixing. Professor Norwood concludes that we are not the ‘post-racial’ society we claim to be and that the Michael Brown shooting, among others, provides a watershed moment to confront our country’s underlying …

Judicial Behavior And Litigant Success In Environmental Cases At The United States Court Of Appeals, Elizabeth Wheat

Dissertations

This dissertation tests the legal model of judicial behavior and uses party capability, or litigant resource, theory to explain litigant success in the Court of Appeals for environmental cases and help understand the role litigant type and resources play. Environmental law has received little attention in judicial politics, and I examine which judicial behavior model explains case outcomes. The legal model argues case characteristics best explain judicial outcomes, whereas litigant resource theory posits judicial a litigant’s resources, or lack thereof, explain outcomes.

Galanter’s (1974) party capability theory focuses on advantages repeat players, the “haves,” possess and how these advantages enable …

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …