Legal Studies Commons^™

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …

How Porous Are The Walls That Separate Us?: Transformative Service-Learning, Women’S Incarceration, And The Unsettled Self, Coralynn V. Davis, Carol Wayne White

Faculty Journal Articles

In this article, we refine a politics of thinking from the margins by exploring a pedagogical model that advances transformative notions of service learning as social justice teaching. Drawing on a recent course we taught involving both incarcerated women and traditional college students, we contend that when communication among differentiated and stratified parties occurs, one possible result is not just a view of the other but also a transformation of the self and other. More specifically, we suggest that an engaged feminist praxis of teaching incarcerated women together with college students helps illuminate the porous nature of fixed markers that …

The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey

Journal Articles

In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.

As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …

Together Again, John Henry Schlegel

Journal Articles

No abstract provided.

A Family Affair: The Effects Of Familial Relations On Offender Recidivism, Kenneth Tarez Kelso

Wayne State University Dissertations

Prisoner recidivism has and continues to impact families and communities. Traditional methods aimed at reducing this phenomenon have had little success in curtailing this problem. One obvious but often overlooked tool that may play a significant role in dealing with this issue is the importance of family relationships. This dissertation quantitatively examines offender's perceptions of the importance of family relations, specifically the relationships with the offender's children, spouse or significant other. These relationships are analyzed to determine their level of impact on prison misconduct and parole recidivism.

Response data from 102 male ex-offenders from the years of 2009 to 2010 …

Risky Businesses: A Micro-Level Spatiotemporal Analysis Of Crime, Place, & Business Establishment Type, Christopher R. Herrmann

Dissertations, Theses, and Capstone Projects

Continuing advances in the fields of environmental criminology and geographical information sciences are facilitating place-based research. One of the current trends in environmental criminology is the focus on micro-level `places' including street segments, property lots, and specific kinds of buildings and facilities in understanding crime patterns and the opportunity structure that permits crime. Despite important findings on the concentration of crime in urban areas, there continues to be substantial gaps in our knowledge about micro-level spatiotemporal patterns of crime. These gaps in micro-level environmental criminology research have primarily been a result of the lack of access to data, availability of …

Exploring Change In Local Criminal Justice Systems: An Examination Of The Implementation Of The Justice Reinvestment At The Local Level Model In Three U.S. Counties, Suzanne Rebecca Neusteter

Dissertations, Theses, and Capstone Projects

Tough on crime policies in the U.S. began to emerge in the 1970s and steeply escalated through the 1980s and 1990s, prompting massive growth of correctional populations and criminal justice costs. Although many of these policy and legislative reforms were enacted at the federal and state levels, they have trickled down and greatly affected localities across the country. The recent economic downturn has exerted additional pressures on local governments. These factors have prompted the development of a number of planned change strategies designed to curb the escalating growth and related costs in criminal justice systems. One such approach, Justice Reinvestment …

John Marshall, Gordon A. Crews

Criminal Justice Faculty Publications

John Marshall was the Chief Justice of the United States Supreme Court between 1801 and 1835. His court opinions during this period provided the foundation for constitutional law in the United States and helped move the U.S. Supreme Court into the center of power in the American criminal justice system, capable of overruling Congress. Marshall still remains the longest-serving Chief Justice and is known for reinforcing the principle that federal courts are obligated to exercise judicial review and must examine laws purported by citizens to violate the U.S. Constitution. During his service, he helped establish the Supreme Court as the …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2012, 132nd Anniversary Year, One Hundred-Twenty-Second Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

Program

Applied Science and Technology

Biological and Medical Sciences

Nebraska Wesleyan University Health and Sciences Graduate School Fair

Aeronautics and Space Science, Poster Session

Maiben Memorial Lecture: "The Status of Nebraska's Native Aspen," "Buffalo" Bruce McIntosh, Western Nebraska Resources Council

Aeronautics

Anthropology

Biological and Medical Sciences

Chemistry and Physics

Collegiate Academy: Biology

Collegiate Academy: Chemistry and Physics

Earth Science

History/Philosophy of Science

Junior Academy, Senior High Competition

Teaching of Science and Math

Junior Academy, Junior High Competition

Speaking Up For The Little Ones: Enforcing Children's Rights, Rebecca Davis

A with Honors Projects

Augmented final research project including additional sources and an analysis of varying international perspectives.

Volume 04, Matt Szemborski, Phillip Van Ness, Sarah Croughwell, Sarah Mayfield, Alyssa Strackbein, Marley Kimmel, Stephanie Skipp, Jamie Yurasits, Katherine Taggart, Alex Leonhart, Kristen Rawls, Andrew Armes, Amanda Haymens, Allison Paqlowski, Erica May, Stephanie Lane, Luke Acree, Cassandra L. Wilson, Stephanie Pishock, Erica Hopson, K. Juston Osborne, Katheryn Grayson, Kyle Fowlkes, Jessica Cox, Kaity Byrum, John-Harwood Scott, Ashley Johnson, Samantha Hockman, Emily Staskiel, Nancy Macdonald, R. Kruger Bressin, Benjamin P. Bilodeau, Andrea Irby, Kristin Macquarrie, Sarah Bietsch, Elizabeth Bednar

Incite: The Journal of Undergraduate Scholarship

Please note that part of pages 92-95 are redacted, in the digital copy, due to a misprint of the original printed article.

Introduction from Dean Dr. Charles Ross

The Internal Other: Transculturation and Postcolonial Magical Realism in Rushdie’s Midnight’s Children by Matt Szemborski

Photography by Phillip Van Ness

Photography “Waterfall” by Sarah Croughwell

Romancing the Bite: Statistical Analysis of Young Adult Vampire Novels by Sarah Mayfield

Photography by Alyssa Strackbein

Photography by Marley Kimmel

Wine and Society in the Viceroyalty of Peru by Stephanie Skipp

Analysis of Claud Monet’s Impression, Sunrise by Jamie Yurasits

Exploring Meaning: The Lindisfarne Gospels by …

The Structural Exceptionalism Of Bankruptcy Administration, Rafael I. Pardo, Kathryn A. Watts

Scholarship@WashULaw

The current system of administration of the Bankruptcy Code is highly anomalous. It stands as one of the few major federal civil statutory regimes administered almost exclusively through adjudication in the courts, not through a federal regulatory agency. This means that rather than fitting bankruptcy into a regulatory model, Congress has chosen to give the courts primary interpretive authority in the field of bankruptcy, delegating to courts the power to engage in residual policymaking. Although scholars have noted some narrow aspects of the structural exceptionalism of bankruptcy administration, Congress’s decision to locate responsibility for bankruptcy policymaking almost exclusively with the …

Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Article empirically examines the question of whether courts of appeals judges cast ideological votes in the context of bankruptcy. The empirical study is unique insofar as it is the first to specifically examine the voting behavior of circuit court judges in bankruptcy cases. More importantly, it focuses on a particular type of dispute that arises in bankruptcy - debt-dischargeability determinations. The study implements this focused approach in order to reduce heterogeneity in result. We find, contrary to our hypotheses, no evidence that circuit court judges engage in ideological voting in bankruptcy cases. We do find, however, non-ideological factors - …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …

Conflicted Gatekeepers: The Volcker Rule And Goldman Sachs, Andrew F. Tuch

Scholarship@WashULaw

In many areas of regulation, rules require one person to act with loyalty to another person, or at least constrain one person’s pursuit of self-interest by restricting the extent to which that person may act in conflict with the interests of another person. These rules are typically justified on the basis of reducing (economic) agency costs. However, recently-adopted provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act, which include the so-called Volcker Rule, impose such conflict of interest rules on underwriters selling securities to investors, including sophisticated investors - a context in which agency costs do not arise. …

A Dynamic Model Of Doctrinal Choice, Scott Baker, Pauline Kim

Scholarship@WashULaw

This paper develops a repeated game model of the choice of doctrinal form by a higher court. Doctrine can take any point along a continuum from more determinate, rule-like legal commands to more flexible, standard-like directives. In deciding a case, the Supreme Court not only decides on a substantive outcome, but also chooses where on this continuum to set the doctrine. The lower court then applies the legal command to future cases. In doing so, it may wish to take into account new information, but the cost of doing so varies with the form of the legal doctrine. The model …

Factions For The Rest Of Us, John D. Inazu

Scholarship@WashULaw

This essay responds to essays by Professors Ashutosh Bhagwat, Susan Appleton, and Robert Vischer on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. The essays were presented at a March 2012 discussion hosted by Washington University School of Law that included additional presentations from Gregory Magarian, Bernadette Meyler, Ian MacMullen, and Neil Richards.

I had three objectives in writing Liberty’s Refuge, one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The history excavates the prominent role that the right of assembly occupies in our constitutional and popular past. …

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …

The Future Of Family Caregiving: The Value Of Work-Family Strategies That Benefit Both Care Consumers And Paid Care Workers, Peggie R. Smith

Scholarship@WashULaw

When higher-income women “opt in” for full-time employment, they are in a position to contract out some share of their responsibilities in the home to lower-income women who then provide these services. This traditional model of redistributing care work frequently presumes that only child care responsibilities are at stake. However, the aging of the population has increasingly focused attention on workers’ needs for help caring for elderly family members. Indeed, care giving for the elderly may equal, if not surpass, child care as the work-family concern of the twenty-first century. Because elder care, similar to child care, is heavily gendered, …

Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.

Why Lawyers Should Assess Lawyer's Ethics: A Review Of Adrian Evans, Assessing Lawyers' Ethics: A Practitioner's Guide, Peter A. Joy

Scholarship@WashULaw

There has been a growing interest in empirical research on law firms and lawyer conduct for more than a decade. Recent studies have reached the same conclusion as studies from the 1960s and 1970s – the ethical culture in the law office is critical to the ethical behavior of the individual lawyers in the office.

With this in mind, the question becomes this: What should the legal profession do to encourage better law firm management to promote ethical behavior? In ASSESSING LAWYERS' ETHICS, Adrian Evans maintains that law societies and bar associations could improve lawyers' ethical behavior through various strategies …

Supreme Court Prequel: Justice Stevens On The Seventh Circuit Symposium, Stefanie A. Lindquist

Scholarship@WashULaw

Justice Stevens’s retirement from the U.S. Supreme Court has occasioned numerous retrospectives on his lengthy career as a Supreme Court Justice. Yet Justice Stevens’s career began on the Seventh Circuit and his voting behavior and doctrinal positions on the circuit court provide a unique window into his judicial character and the roots of his thinking on important issues that continued to preoccupy him on the Supreme Court. In this Essay, I first analyze then-Judge Stevens’s voting behavior on the court of appeals by examining the frequency with which he wrote separate opinions, as well as his voting interagreement with his …

Faith And Fidelity: Originalism And The Possibility Of Constitutional Redemption, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay reviews Constitutional Redemption: Political Faith in an Unjust World by Jack Balkin (2011) and Living Originalism by Jack M. Balkin (2011).

Contemporary scholarly debates about originalism and living constitutionalism are filled with claims about the political valence of these two theories. Here are some examples: "Originalism remains even now a powerful vehicle for conservative mobilization. ..." "[L]iving constitutionalism...has been at the core of progressive constitutional thought since the 1970s." "[A]ny reasonably well-informed observer knows that the term 'living Constitution' encodes liberal sympathies, just as originalism encodes conservative ones. ..." "[O]riginalism cannot easily be appropriated to progressive constitutional arguments." …

Preliminary Report On Race And Washington’S Criminal Justice System, Robert S. Chang

Faculty Articles

For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. They found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes. They found that use of arrest rates likely overstates black crime commission rates for several reasons. But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

Philosophy: Faculty Publications and Other Works

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

Column: Factors Affecting Data Decay, Kevin Fairbanks, Simson Garfinkel

Journal of Digital Forensics, Security and Law

In nuclear physics, the phrase decay rate is used to denote the rate that atoms and other particles spontaneously decompose. Uranium-235 famously decays into a variety of daughter isotopes including Thorium and Neptunium, which themselves decay to others. Decay rates are widely observed and wildly different depending on many factors, both internal and external. U-235 has a half-life of 703,800,000 years, for example, while free neutrons have a half-life of 611 seconds and neutrons in an atomic nucleus are stable.

Technology Corner Automated Data Extraction Using Facebook, Nick V. Flor

Journal of Digital Forensics, Security and Law

Because of Facebook’s popularity, law enforcement agents often use it as a key source of evidence. But like many user digital trails, there can be a large amount of data to extract for analysis. In this paper, we explore the basics of extracting data programmatically from a user’s Facebook via a Web app. A data extraction app requests data using the Facebook Graph API, and Facebook returns a JSON object containing the data. Before an app can access a user’s Facebook data, the user must log into Facebook and give permission. Thus, this approach is limited to situations where users …

Book Review: Mastering Windows Network Forensics And Investigation, 2/E, John C. Ebert

Journal of Digital Forensics, Security and Law

The book is available as a paperback and e-book. The e-book versions allow you to preview several chapters at any of a number of online vendors. The e-book prices vary from the same as the soft cover version ($59.99) to about $38.99. Some of the vendor's e-books retain the color illustrations found in the print version, but others produce them in grey scale, so you might want to look out for that. The book is divided into four parts (17 chapters) plus two appendices.

I am compelled to give the book illustrations a highly unfavorable assessment regarding their readability qualities. …

Column: Analysis Of Digital Traces, Fred Cohen

Journal of Digital Forensics, Security and Law

In part 1 of this series (Cohen, 2011a), Analysis of digital traces is a foundational process by which the examiner, typically using computer software tools, comes to understand and answer basic questions regarding digital traces.