Legal Studies Commons^™

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Faculty Scholarship

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

Analyzing Sexual Expression: Marriage, Prostitution, And The Law, Leah Christiani

Honors Scholar Theses

Marriage and prostitution laws solidify and propagate norms about sexual expression. Marriage law functions positively to dictate the kind of expression that is acceptable, normal, and natural while prostitution law frames the illegal, deviant, and unnatural. The legal benefits offered to those who marry function as an endorsement of a particular type of sexual expression: monogamous, faithful, loving, long term, and procreative. Equally, the criminalization of prostitution solidifies norms about the wrong, illegal unnatural kind of sexual expression; one focused on pleasure and money, not monogamy, fidelity, love, or procreation. These valuations of sexual expression solidified by the law impact …

The Right To Privacy In Light Of The Patriot Act And Social Contract Theory, Betsey Sue Casman

UNLV Theses, Dissertations, Professional Papers, and Capstones

There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know in order to provide for the security of all citizens.

The questions that beg to be answered are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is deemed more important, can there even be a right to privacy. It is critical to our nation’s anti-terrorism effort that our intelligence agencies possess the legal capacity to intercept all forms of communications utilized by terrorists and hostile intelligence agents. Inevitably this will …

Bidding (Fair)Well To Due Process: The Need For A Fairer Final Stage In Special Education Dispute Resolution, Calanthe Cope-Kasten

Political Science Honors Projects

In the United States, 6.8 million children receive special education services, and disputes over their education can become highly adversarial.  This thesis examines due process hearings, which are the last resort for parents in special education conflicts, and evaluates the fairness of those hearings.  Using interviews with judges and data from hearings between 2000-2009 in Wisconsin and Minnesota, I find that special education due process hearings are unfair because they inconsistently provide procedural protections, damage parent-school relationships, and provide insufficient outcomes for students.  I conclude that a new system should replace special education due process hearings in the future.

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Jurisdiction‐Granting: Legislative Capacity And Ideological Distance, Seth W. Greenfest

Political Science Faculty Publications

This paper examines the conditions under which Congress passes jurisdiction-granting legislation, legislation that expands the discretion of the federal district courts by designating them as venues in which policy questions are to be heard. This project extends existing research that has demonstrated that Congress manipulates the parameters of jurisdiction by examining the manner in which Congress routinely engages in this activity. I construct and evaluate a comprehensive dataset of laws in which Congress grants jurisdiction to the district courts for the period between 1949 and 2000 with the goal of explaining conditions under which Congress grants jurisdiction Two explanations are …

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

Tort Reform And American Political Economy, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …

The Progressive Presidency And The Shaping Of The Modern Executive, Andrea Scoseria Katz

Scholarship@WashULaw

The contemporary presidency, with its expanded foreign policy, administrative and public duties, is largely a brainchild of the Progressive Era. The Progressives envisioned an enlarged executive, one outside the original guidelines of the U.S. Constitution, which they deemed “archaic,” “undemocratic,” and unsuited to the demands of the modern age, in which mass capitalism dislocated, alienated and disenfranchised the common man. The Progressives wanted to bring about a more energetic, streamlined, and unified state at the helm of which stood the presidency, an office of popular leadership and swift action. To accommodate this new, active figure, some Progressives believed it necessary …

Congress, The Supreme Court, And Judicial Review: Testing A Constitutional Separation Of Powers Model, Stefanie A. Lindquist, Jeffrey A. Segal, Chad Westerland

Scholarship@WashULaw

Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational-anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional-maintenance model, in which the Court protects itself against Congressional attacks to its institutional prerogatives by scaling back its striking of laws when the distance between the Court and Congress increases. We test these models by using Common Space scores and the original roll-call votes to estimate support in the current …

The Multiple-Stage Process Of Judicial Review: Facial And As-Applied Constitutional Challenges To Legislation Before The U.S. Supreme Court, Stefanie A. Lindquist, Pamela C. Corley

Scholarship@WashULaw

The Supreme Court’s decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices’ choices to invalidate a state or federal enactment on its face or as applied and find that the justices are responsive to congressional preferences concerning the substance of the legal challenge at both stages of judicial review. Other factors systematically affect the justices’ decisions as well, including the legal basis for the …

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

Beyond Racial Precedents: Loving V. Virginia As An Appropriate Legal Model And Strategy For Same-Sex Marriage Litigation, Michael J. Csere

Honors Scholar Theses

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process …

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.

Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman

Political Science Theses and Capstones

Is there a reason why a particular county might use asset forfeiture more than others? Asset forfeiture, in short, is law enforcement confiscating any items used in the act of committing a crime. As many governments face more budget crunches and deficits all means of revenue will become more vital to everyday operations. Everything gets reported back to the Minnesota State Auditor, where I was able to get complete data on every county. For variables such as education, race and others I drew from numerous government websites. I wanted to see if certain variables correlated with higher incidence of forfeiture. …

Volume 03, Cheryl Peck, Charles Hoever, Longwood Theater Department, Brittany Anderson, J. Ervin Sheldon, Richard Hayden, Yuri Calustro, Candice Fleming, Rebecca Franklin, Ashley Yocum, Danielle M. Jagoda, Cristina M. Valdivieso, Jameka Jones, Amy Ellis, Ashley Maser, Erikk Shupp, Jamie Yurasits, Joshua Davis, Alexander Leonhart, Kenny Wolfe, Sally Meadows, J. Haley, Amy Jackson, Morgan Howard, Adrienne Heinbaugh, Melissa Dorton, Ciarra Stalker

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Little Shop of Horrors by Longwood Theater Department

Who Has the Hottest Hotsauce in Farmville: A Quantitative Comparison of Sauces from Local Restaurants by Cheryl Peck and Charles Hoever

Precipitation Effects on the Growth of White Oaks and Virginia Pines on the Mt. Vernon Plantation by Brittany Anderson

Design and Synthesis of Novel Ion Binding Molecules for Self-Assembly and Sensing Applications by J. Ervin Sheldon

A Statistical Analysis of Algorithms for Playing SameGame by Richard Hayden

Intersecting Cylinders at Arbitrary Angles by Yuri Calustro

Putting a Foot in the Revolving Door: Strategies for Reducing …

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …

Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

What images of judging did the Kagan confirmation process project?

My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a …

Countering The Majoritarian Difficulty, Stefanie A. Lindquist, Amanda Frost

Scholarship@WashULaw

Most state court judges are elected to office, and thus must be attentive to voter preferences just like other elected officials. Critics of judicial elections fear that subjecting judges to majoritarian pressures jeopardizes the rights of disfavored groups and undermines the rule of law, and accordingly call for their abolition. The reality, however, is that judicial elections are firmly entrenched in thirty-eight states, and thus appear to be a permanent part of the legal landscape.

This article suggests that the so-called “majoritarian difficulty” posed by elected judges can be tempered by regular interactions with appointed, life-tenured federal judges, who are …

An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay

Dissertations

This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish …

Volume 02, Joseph A. Mann, Kathryn J. Greenly, Scott E. Jenkins, Andrew E. Puckette, Daniel M. Honey, Jeffery P. Ravenhorst, Jamie Elizabeth Mesrobian, Thomas Scott, Jay Crowell, Sarah Spangenberg, Amy S. Eason, Kenny Wolfe, Liz Hale, Rachel Bouchard, Will Semonco, Carley York, Ryan Higgenbothom, Adrienne Heinbaugh, Melissa Dorton, Madeline Hunter, June Ashmore, Clark Barkley, Jay Haley

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Mike's Nite: New Jazz for an Old Instrument by Joseph A. Mann

Investigation of the use of Cucumis Sativus for Remediation Of Chromium from Contaminated Environmental Matrices: An Interdisciplinary Instrumental Analysis Project by Kathryn J. Greenly, Scott E. Jenkins, and Andrew E. Puckette

Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Scott Jenkins

Building and Measuring Scalable Computing Systems by Daniel M. Honey and Jeffery P. Ravenhorst

Nomini Hall: A Case Study in the Use of Archival Resources as Guides for Excavation at An Archaeological Site by …

Understanding Terrorism Through The Use Of Gis, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adhers to the use of the quad chart template to provide a succinct description only of the current research project undertaken by the participants. It provides for the following information

1. Participants and Affiliations
2. Overall Project Goals
3. Illustrative picture
4. Specific research/artistic/pedagogig foci

“Publishers Did Not Take The Bait”: A Forgotten Precursor To The Nih Public Access Policy, Jonathan Miller

Faculty Publications

This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005–07) with the United States Office of Education policy on copyright in funded research (1965–70).The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.

A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg

Law Faculty Scholarship

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …

Indigent Defense In America: Racially Or Geographically Unjust?, Lisa Karen Akre

Honors Program Theses

The purpose of my research is to investigate the link between indigent defense funding and race. First, I explain the various approaches that states have implemented to deliver legal defense to the indigent. Second, I describe the current lack of funding and its consequences. Third, I examine what effect race has on the indigent defense system. Finally, based on the conclusions drawn from examining both race and funding for indigent defense, I evaluate the effectiveness of the delivery of indigent defense to individual states and regions within the United States.

How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Scholarship@WashULaw

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. Yet much of the existing empirical work on federal district courts has failed to take account of the setting in which those judges operate. Too often, empirical studies of the district courts rely on an implicit assumption that judging at the trial court level is fundamentally the same as judging at the appellate level. We argue that this approach is misguided, because the nature of district judges’ work is substantially different from that of appellate judges. For example, unlike in the typical appellate case, a district …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly

Honors Scholar Theses

With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that …

Volume 01, Jessica Fields, Stephanie Neeley, Derek W. Hambright, Mary E. Lehman, Andrew R. Grzankowski, Zachary Johnson, Boone M. Prentice, Ashley M. Swandby, Victoria Morgan, Katie Williamson, Kristine G. Bender, Katelyn N. Romaine, D. Nicole Swann, Jessica Fox, Mike Mcateer, Alex Grabiec, Laura Nodtvedt, Nick Costa, Rachel Wolfe, Zack Dalton

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Three Decades of Digging: Undergraduate Archeology at Longwood by Jessica Fields and Stephanie Neeley

Interactions of Allelopathy and Heat Stress in Plants by Derek W. Hambright and Mary E. Lehman

Inertial Electrostatic Confinement D-D Fusion Device: Construction and Simulation by Andrew R. Grzankowski

Shackled Nim by Zachary Johnson

Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Boone M. Prentice

A Comparison of Image Analysis Methods in cDNA Microarrays by Ashley M. Swandby

Perceived Sexual Activity of Short and Long-Term Relationships by Victoria Morgan and Katie Williamson

Elderly …