Legal Studies Commons^™

Assessing The Readability Of Capital Pattern Jury Instructions, Rachel Small, Judith Platania, Brian L. Cutler

Arts & Sciences Faculty Publications

Data obtained from the National Assessment of Adult Literacy (2003) indicate that 29% of adults have a Basic level of prose literacy. Prose literacy refers to the knowledge and skills needed to comprehend and use information from continuous texts, such as editorials, news stories, and instructional materials. In the current study we examined each state’s capital sentencing instructions for their readability using a highly reliable word-analysis tool. We found that reading levels of sentencing instructions significantly surpassed the reading comprehension abilities of American adults. All but three states’ instructions were above the twelfth grade reading level. In addition, legal principles …

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …

Cutting The Bread, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.

Persuasion Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues

All Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …

Distinguished Historical Geography Lecture: Carceral Space And The Usable Past, Karen M. Morin

Faculty Journal Articles

No abstract provided.

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

Law Enforcement Personnel And Lawmaking, Katrina Roberts

A with Honors Projects

Police officers have the difficult job of reconciling two deeply held but conflicting values: our desire to be safe and secure and our strong belief in the right of individuals to be free from government coercion and excessive control. How law enforcement officers and departments handle this conflict has a direct bearing on how the public sees them. As a culture, we expect our police officers to be able to balance these goals, but when they veer off too far we criticize them. At the extreme, too heavy a focus on order and safety may border on police brutality.

An Examination Of Attitudes Toward Sexualized Advertising In Las Vegas, Ashley Crisp, Alexis Kennedy

McNair Poster Presentations

This study explores the attitudes of college-level criminal justice students as to their perception of sexualized advertising in Las Vegas, and if these attitudes have any correlation with the participant’s length of residency. The study also correlates college-level student’s attitudes toward sexualized advertising and how religious they rate themselves. Female participants who lived in Las Vegas for 5 years or more on average agreed advertisements in Las Vegas are too sexualized. In contrast, female participants who were either born in Las Vegas or lived there less than 5 years neither agreed nor disagreed that advertising was too sexualized. As for …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Publications

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy …

Development Of Micro Volume Dna And Rna Profiling Assays To Identify The Donor And Tissue Source Of Origin Of Trace Forensic Biological Evidence, Brittany Morgan

Electronic Theses and Dissertations

In forensic casework analysis it is necessary to obtain genetic profiles from increasingly smaller amounts of biological material left behind by perpetrators of crime. The ability to obtain profiles from trace biological evidence is demonstrated with so-called ‘touch DNA evidence’ which is perceived to be the result of DNA obtained from shed skin cells transferred from donor to an object or person during physical contact. However, the current method of recovery of trace DNA involves cotton swabs or adhesive tape to sample an area of interest. This "blindswabbing" approach may result in the recovery of biological material from different individuals …

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Scholarship@WashULaw

In an effort to re-examine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue non-state actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities …

The Dangers Of Surveillance, Neil M. Richards

Scholarship@WashULaw

From the Fourth Amendment to George Orwell’s Nineteen Eighty-Four, our culture is full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we don’t really know why surveillance is bad, and why we should be wary of it. To the extent the answer has something to do with “privacy,” we lack an understanding of what “privacy” means in this context, and why it matters. Developments in government and corporate practices have made this problem more urgent. Although we have …

Keep Your Update To Yourself, Neil M. Richards

Scholarship@WashULaw

An essay from Wired Magazine (UK)'s special edition, The Wired World in 2013. The essay makes the argument that frictionless sharing of reading habits should decline in 2013.

The Perils Of Social Reading, Neil M. Richards

Scholarship@WashULaw

Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.

This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …

The Freedom Of The Church (New Revised Standard Version), John D. Inazu

Scholarship@WashULaw

Significant discussion about the “freedom of church” has recently emerged at the intersection of law and religion scholarship and political theology. That discussion gained additional traction with the Supreme Court’s ruling in Hosanna-Tabor v. E.E.O.C., which recognized the First Amendment’s “special solicitude” for religious organizations. But the freedom of the church is at its core a theological concept, and its potential integration into our constitutional discourse requires a process of translation. The efficacy of any background political concept as legal doctrine will ultimately stand or fall on something akin to what Frederick Schauer has called “constitutional salience.”

The existing debate …

Virtual Assembly, John D. Inazu

Scholarship@WashULaw

This Article provides one of the first scholarly considerations of the constitutional boundaries for online groups. It explores both why and how we should protect these groups by asking two related questions. The first question is theoretical: do online groups implicate the kinds of values that warrant elevated constitutional protection. The second question is doctrinal: what is the best framework for providing constitutional protection to these groups. The Article argues that we should protect online groups because they advance important First Amendment values and because the line between our offline and our online groups is collapsing. Turning to the doctrinal …

Economic Theory Lost In Translation: Will Behavioral Economics Reshape The Compelled Commercial Speech Doctrine, Kyle Rozema

Scholarship@WashULaw

This Article consolidates the economic and legal theory needed to properly analyze the impact of salience measures on the commercial speech doctrine. By walking through various First Amendment scenarios, this Article describes and differentiates between the two main governmental interests motivating graphic image requirements on cigarette labels: reducing smoking and informing consumers. The Article then sets up a game-theoretic model of the compelled commercial speech doctrine and uses Bayesian inference to make assumptions about how the Supreme Court would rule if it eventually rules on similar graphic images placed on cigarette labels. Solving the model by way of forward induction …

Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski

Scholarship@WashULaw

This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court dataset of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also on how lawsuits are classified and the strategies that plaintiffs and their attorneys employ when commencing litigation. This approach permits us to …

The Wonder-Clause, Anna Gelpern, Mitu Gulati

Georgetown Law Faculty Publications and Other Works

The Greek debt crisis prompted EU officials to embark on a radical reconstruction of the European sovereign debt markets. Prominently featured in this reconstruction was a set of contract provisions called Collective Action Clauses, or CACs. CACs are supposed to help governments and private creditors to renegotiate unsustainable debt contracts, and obviate the need for EU bailouts. But European sovereign debt contacts were already amenable to restructuring; adding CACs could make it harder. Why, then, promote CACs at all, and cast them in such a central role in the market reform initiative? Using interviews with participants in the initiative and …

Banks And Governments: An Arial View, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Financial systems and public treasuries are communicating vessels: strength or weakness in one flows to the other, and back. This chapter considers the implications of this insight using case studies from Europe, Asia, and Latin America. The connection is not unique to Europe, although it does not always result in feedback effects, or the ‘doom loop’ that has made headlines since 2010. Events now known as banking or government debt crises often have had elements of both, and could have gone either way. Policy and political choices determined their path. In all cases, governments were as indispensable for resolving banking …

Originalism And The Unwritten Constitution, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In his book, America’s Unwritten Constitution, Akhil Reed Amar contends that to properly engage the written Constitution, scholars and laymen alike must look to extratextual sources: among them America’s founding documents, institutional practices, and ethos, all of which constitute Amar’s “unwritten Constitution.” In this article, the author argues that contemporary originalist constitutional theory is consistent with reliance on extraconstitutional sources in certain circumstances. He establishes a framework for revaluating the use of extratextual sources. That framework categorizes extratextual sources and explains their relevance to constitutional interpretation (the meaning of the text) and constitutional construction (elaboration of constitutional doctrine and …

Originalism And Constitutional Construction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities.

This article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: …

Identity Theft Among College Students, Laura B. Lucas

Masters Theses

Identity theft is prominent and is specifically affecting the general population of young adults. There is a void the in research that focuses on parental influence regarding identity theft on their college children. Prior research shows that identity theft is rapidly growing and is a problem. (Winterdyk & Thompson, 2008). The aims of this study are to enhance the awareness of identity theft, and to show the importance of identity theft education. Albert Bandura's Social Learning Theory is applied to the study as well, and is used a potential guide to understanding the effects of parental behavior and perceptions of …

Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel

Faculty Scholarship

This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.

Reduction Of Observable Robbery And Larceny-Theft In The Twelve Largest Cities In The United States From 1980 To 2009, Andrew J. Costello

Dissertations, Theses, and Capstone Projects

The reduction in crime rates that occurred in large cities across the United States (US) over the course of the past two decades has been the subject of much speculation and research. However, there have been no definitive empirical studies that conclusively determine the causes for this phenomenon. The goal of this study is to identify the impact of certain factors to the reduction of crime in large US cities that occurred over the past two decades by examining data over a thirty-year period (1980-2009). The identification of contributing factors may allow government officials, both on a local and national …

Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle

Research outputs 2013

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

Gender And Programming: A Comparison Of Program Availability And Participation In U.S. Prisons For Men And Women, Courtney A. Crittenden

Theses and Dissertations

The current study examines the state of prison programming across the U.S. and whether availability of and participation in prison programs varies by gender and other key factors such as the interaction effects of race and gender, self-identified needs, and facility-level characteristics. Using Morash, Rucker, and Haarr's (1994) study, the last major study comparing prison programming for men and women in U.S. prisons, as a guide, I explore the current state of prison programming using national-level survey data. The results indicate that gender does indeed matter for both prison programming availability and participation with women having more programs available to …

Once Bitten, Thrice Wise: The Varying Effects Of Victimization On Routine Activities And Risk Management, J. Michael Vecchio

Criminal Justice & Criminology: Faculty Publications & Other Works

While the relationship between offending and victimization is well established, less is understood about what contributes to the varied effects of victimization on future behavior. Drawing on qualitative interviews from a sample of at-risk men, the study explores recognized and unrecognized effects of victimization on subsequent behavior and management of lifestyle risks both within and across narratives. Findings demonstrate a range of perceived effects on behavior and risk management, with the presence or absence of substantive effects related to whether the event was both severe and directly attributable to involvement in at-risk behavior. Consequences for the victimization–termination hypothesis are discussed.

The Politics And Practicalities Of Reentry: A Case Study Of The Reentry Environment In A Suburban Community, Carlene Sipma-Dysico

Dissertations

Although inquiry into reentry has grown significantly in the past decade, studies concerning formerly incarcerated persons entrance back into society tend to look at the outcomes and consequences of reentry, not the process. This "what works and what doesn't work" research approach (Seiter and Kadela 2003) leaves some very important aspects of reentry unexamined. While determining the efficacy of programs designed to reduce recidivism is important for public safety, social policy creation, and budgetary considerations, the role of the community in reentry remains largely unexplored.

This dissertation examines how reentry is done at the community level; by practitioners of reentry, …