Legal Studies Commons^™

Fostering Legal Cynicism Through Immigration Detention, Emily Ryo

Faculty Scholarship

Every year, tens of thousands of noncitizens in removal proceedings are held and processed through an expanding web of immigration detention facilities across the United States. The use of immigration detention is expected to dramatically increase under the Trump administration’s mass deportation policy. I argue that this civil confinement system may serve a critical socio-legal function that has escaped the attention of policymakers, scholars, and the public alike. Using extensive original data on long-term immigrant detainees, I explore how immigration detention might function as a site of legal socialization that helps to promote or reinforce widespread legal cynicism among immigrant …

School Killers Speak: A Comprehensive Examination Of Traditional School Violence Perpetrators In K-12 American Schools, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.

Sexual Misconduct In Prison: What Factors Affect Whether Incarcerated Women Will Report Abuses Committed By Prison Staff?, Sheryl Pimlott Kubiak, Hannah Brenner, Deborah Bybee, Rebecca Campbell, Cristy E. Cummings, Kathleen M. Darcy, Gina Fedock, Rachael Goodman-Williams

Faculty Scholarship

No abstract provided.

Testing A Novel 3d Printed Radiographic Imaging Device For Use In Forensic Odontology, Tara L. Newcomb, Ann M. Bruhn, Bridget Giles, Hector M. Garcia, M. Arch, Norou Diawara

Dental Hygiene Faculty Publications

There are specific challenges related to forensic dental radiology and difficulties in aligning X-ray equipment to teeth of interest. Researchers used 3D printing to create a new device, the combined holding and aiming device (CHAD), to address the positioning limitations of current dental X-ray devices. Participants (N = 24) used the CHAD, soft dental wax, and a modified external aiming device (MEAD) to determine device preference, radiographer's efficiency, and technique errors. Each participant exposed six X-rays per device for a total of 432 X-rays scored. A significant difference was found at the 0.05 level between the three devices ( …

Availability Of Datasets For Digital Forensics–And What Is Missing, Cinthya Grajeda, Frank Breitinger, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

This paper targets two main goals. First, we want to provide an overview of available datasets that can be used by researchers and where to find them. Second, we want to stress the importance of sharing datasets to allow researchers to replicate results and improve the state of the art. To answer the first goal, we analyzed 715 peer-reviewed research articles from 2010 to 2015 with focus and relevance to digital forensics to see what datasets are available and focused on three major aspects: (1) the origin of the dataset (e.g., real world vs. synthetic), (2) if datasets were released …

Exploring Myths In Digital Forensics: Separating Science From Ritual, Gary C. Kessler, Gregory H. Carlton

Publications

Digital forensic methodology deviates significantly relative to the methods of other forensic sciences for numerous practical reasons, and it has been largely influenced by factors derived from the inception and evolution of this relatively new and rapidly changing field. Digital forensics methodology was developed more by practitioners in its early days rather than by computer scientists. This led to accepted best practices in the field that may not represent the best or, at least, tested, science. This paper explores some of these differences in the practice and evolution between digital and other forensic sciences, and recommends scientific approaches to apply …

Thinking And Acting Both Globally And Locally : The Field School In Intercultural Education As A Model For Action-Research Training And Civic Learning., Douglas D. Perkins, Benjamin W. Fisher, Holly L. Karakos, Sharon L. Shields, Elizabeth D. Gilbert, Meaghan M. Patterson

Faculty and Staff Scholarship

We present the Field School model of intercultural civic education, service-learning, action research training, and collaboration (with local academic and community partners) based on field work in applied anthropology. Theoretical and methodological foundations of the Field School also include experiential learning and immersive pedagogy, multiculturalism and cross-cultural communication, international education and study abroad programs, collaborative international development, participatory research, and in-depth knowledge in one’s own specific discipline. The primary goals of these intensive, short-term action research projects in other, less-developed countries or regions are benefits for community partners that are as sustainable as possible and to foster and assess learning …

Steven Avery, A Case Study: Making A Murderer Or Making An Identity, Allison Grussing

Masters Theses

Steven Avery, a Wisconsin native, has spent the majority of his adult life in prison, once for a crime he was later exonerated from, and then again for murder. The Netflix series Making a Murderer documents Avery's murder trial, and uses only first hand accounts. Ultimately, this research had two goals: one was to better understand how the series utilized framing to engage in advocacy for Avery and the second was to uncover what identity was constructed by the producers and series for Avery. With a thematic analysis approach and open and axial coding this research revealed three themes that …

Optimizing Laboratory Pyrolysis Methods To Compliment Real World Fire Debris, Richard Coulson

Electronic Theses and Dissertations

Forensic analysts are tasked with determining the presence of ignitable liquid residue in fire debris. Analysis of fire debris allows the analyst to understand how the fire occurred. However, the presence of some substrates can potentially impact the identification of ignitable liquid residue and classification of a sample as positive or negative for the presence of ignitable liquid. Pyrolysis of building materials and furnishings (substrates) lead to background interference within the resulting chromatographic profile. To combat misclassification of a sample as positive for ignitable liquid residue, knowledge of the pyrolysis products from individual substrates is of utmost importance. However, unburned …

The Impact Of Mass Incarceration And Social Issues Of Institutionalization On School Violence In Youths, Stephen C. Stanko, Gordon A. Crews

Criminal Justice Faculty Publications

In this chapter the authors examine the impact that mass incarceration has had upon children in the United States over the last several decades. Inherent in this examination is to discuss the impact of institutionalization on the propensity of committing violent acts by children. The authors also discuss the impact of these American phenomena on many aspects of juvenile delinquency and violence.

School Killers Speak: A Comprehensive Examination Of Gang-Related School Violence Perpetrators In K-12 American Schools, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this work is to examine the perpetrators of acts of school violence in K–12 schools in the United States. It is hoped that this examination will offer new and unique insight into the extremely complex issues surrounding juvenile violence in general and school violence in particular. There have been myriad works categorizing, theorizing, and profiling the causes of these types of events and the offenders who commit them. The problem is that very few have actually sought answers where they lie, from those who actually know why an event happened—the individuals who committed the act. …

School Killers Speak: A Comprehensive Examination Of Associated And/Or Mentally Ill And Non-Associated And/Or Mentally Ill School Violence Perpetrators In K-12 American Schools, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.

The American Gun Culture: Potential Impact On K-12 School Violence, Gordon A. Crews, Garrison A. Crews

Criminal Justice Faculty Publications

Most researchers insist on combining all school shootings/violence incidents into one type of act and therefore one type of actor and one type of event. However, public mass shootings, university environments, international incidents, and K-12 school shootings and violence are not the same. They have different catalysts, motivations, types of occurrence, and offenders. The research for this work is part of a comprehensive examination of 78 currently incarcerated U.S. K-12 school violence offenders and their acts between 1979 and 2011 in 33 states. Topics examined include: weapons used and injuries incurred, availability of guns, where the gun or weapon …

The Remaking Of Wall Street, Andrew F. Tuch

Scholarship@WashULaw

This Article critically examines the transformation of the financial services industry during and since the Financial Crisis of 2007–2009. This transformation has been marked by the demise of the major investment banks and the related rise of a set of powerful players known as private equity firms or alternative asset managers – pools of assets structured as private funds. First, this Article argues that private equity firms now mirror investment banks in their mix of activities; ethos of entrepreneurialism, innovation, and risk-taking; role as “shadow banks”; and overall power and influence.

These similarities might suggest that private equity firms pose …

Auditing Algorithms For Discrimination, Pauline Kim

Scholarship@WashULaw

This Essay responds to the argument by Joshua Kroll, et al., in Accountable Algorithms, 165 U.PA.L.REV. 633 (2017), that technical tools can be more effective in ensuring the fairness of algorithms than insisting on transparency. When it comes to combating discrimination, technical tools alone will not be able to prevent discriminatory outcomes. Because the causes of bias often lie, not in the code, but in broader social processes, techniques like randomization or predefining constraints on the decision-process cannot guarantee the absence of bias. Even the most carefully designed systems may inadvertently encode preexisting prejudices or reflect structural bias. For this …

Introduction To Symposium On Industry Associations In Transnational Legal Ordering, Melissa (M.J.) Durkee, Gregory Shaffer

Scholarship@WashULaw

As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry associations influence and shape law as part of transnational legal processes, potentially giving rise to transnational legal orders.

Privacy's Trust Gap: A Review, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

It can be easy to get depressed about the state of privacy these days. In an age of networked digital information, many of us feel disempowered by the various governments, companies, and criminals trying to peer into our lives to collect our digital data trails. When so much is in flux, the way we think about an issue matters a great deal. Yet while new technologies abound, our ideas and thinking — as well as our laws — have lagged in grappling with the new problems raised by the digital revolution. In their important new book, Obfuscation: A User’s Guide …

Trusting Big Data Research, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Although it might puzzle or even infuriate data scientists, suspicion about big data is understandable. The concept doesn’t seem promising to most people. It seems scary. This is partly because big data research is shrouded in mystery. People are unsure about organizations’ motives and methods. What do companies think they know about us? Are they keeping their insights safe from hackers? Are they selling their insights to unscrupulous parties? Most importantly, do organizations use our personal information against us? Big data research will only overcome its suspicious reputation when people can trust it.

Some scholars and commentators have proposed review …

The Third-Party Doctrine And The Future Of The Cloud, Neil M. Richards

Scholarship@WashULaw

When the government seeks electronic documents held in the cloud, what legal standard should apply? This simple question raises fundamental questions about the future of our civil liberties in the digital world. In a series of cases, government lawyers have argued that information shared with digital intermediaries—including emails and cloud-stored documents—can be seized without a warrant. Their argument rests upon a controversial Fourth Amendment principle known as the “Third-Party Doctrine,” which maintains that information shared even with trusted “third parties” loses a reasonable expectation of privacy under the Fourth Amendment, and with it, the protection of the warrant requirement. Criminal …

Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Kimberly Jade Norwood, Trina Jones

Scholarship@WashULaw

Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …

Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism, John D. Inazu

Scholarship@WashULaw

The late Justice Antonin Scalia held a minimalist view of the religion clauses: the Free Exercise Clause does not protect against neutral laws of general applicability, and the Establishment Clause prohibits neither longstanding traditional practices nor legislative acts with a plausible secular purpose. In both free exercise and establishment cases, Scalia resisted judicial second-guessing of legislative judgments unless he saw an explicit singling out of religious practice. Yet Scalia had an uneven influence on religion clause jurisprudence. When it came to the Free Exercise Clause, he played a pivotal role in shaping a doctrinal framework that has arguably created more …

The Politics Of Citations At The Ecj: Policy Preferences Of E.U. Member State Governments And The Citation Behavior Of Judges At The European Court Of Justice, Jens Frankenreiter

Scholarship@WashULaw

This paper investigates the relationship between the political preferences of EU Member States and the behavior of judges at the European Court of Justice (ECJ) by analyzing their citation behavior. It shows that judges at the ECJ are more likely to cite judgments authored by judges appointed by Member State governments with similar preferences regarding European integration. Analogous with the context of U.S. courts, non-random opinion assignment potentially threatens the validity of these results. To overcome this problem, I exploit the unique institutional setting at the ECJ to develop an improved identification strategy which builds on comparing the citations in …

Aba Standard 405(C): Two Steps Forward And One Step Back For Legal Education, Peter A. Joy

Scholarship@WashULaw

There has long been opposition to guaranteeing that all full-time law faculty have security of position and participation in faculty governance the same as or substantially similar to tenure. ABA Accreditation Standard 405(c), was meant to provide such security of position and faculty governance for clinical faculty, though this standard has not been consistently interpreted to do so. The situation for legal writing faculty is even more precarious, because the standards only require a law school to provide legal writing faculty with the security of position and other rights necessary to attract and retain well-qualified faculty. As a result, most …

Inequality And The Mortgage Interest Deduction, Kyle Rozema, Daniel J. Hemel

Scholarship@WashULaw

The mortgage interest deduction is often criticized for contributing to after-tax income inequality. Yet the effects of the mortgage interest deduction on income inequality are more nuanced than the conventional wisdom would suggest. We show that the mortgage interest deduction causes high-income households (i.e., those in the top 10% and top 1%) to bear a larger share of the total tax burden than they would if the deduction were repealed. We further show that the effect of the mortgage interest deduction on income inequality is highly sensitive to the alternative scenario against which the deduction is evaluated. These findings demonstrate …

Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn

Scholarship@WashULaw

Allegations of bias in administrative environmental decisions are common and seemingly increasing because of the significant economic and political interests in many disputes. From high profile national oil spills to local land use matters, parties to environmental proceedings allege conflicts of interest, favoritism, prejudgment of outcomes, comingling of prosecutorial and adjudicatory functions, ex parte communications, and improper political influence. Where bias occurs, it can significantly impact the implementation and enforcement of environmental laws. Biased proceedings can undermine the goals of environmental laws by causing prejudiced decisions not grounded in law or fact, ultimately harming public health and the environment. The …

Universal Clinical Legal Education: Necessary And Feasible, Robert R. Kuehn

Scholarship@WashULaw

Although bar officials and most legal educators agree that law students need to learn not just to “think like a lawyer” but also the professional skills needed to “do like a lawyer,” legal education lags far behind other professions in the clinical training it provides its graduates. The justification usually given for such lack of training is the claim that it is not financially feasible for law schools to ensure that every student graduate with a clinical experience. This Essay challenges this mistaken justification. It first summarizes the numerous reports and studies showing the need for clinical training for law …

A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy

Scholarship@WashULaw

Every judge has a duty to do justice, which is found not only the oath the judge takes, but also in the Code of Judicial Conduct. The American Bar Association (ABA) Criminal Justice Standards Regarding the Special Functions of the Trial Judge provides more specific guidance including the responsibility to safeguard the rights of the accused and the public’s interest in the fair administration of criminal justice.

I contend that a trial judge needs to be committed to a duty to do justice by ensuring the accused’s right to effective assistance of counsel, especially in light of the excessive caseloads …

Australian Best Practices - A Comparison With The United Kingdom And The United States, Peter A. Joy, Adrian Evans, Anna Cody, Jeff Giddings, Mary Anne Noone, Simon Rice

Scholarship@WashULaw

This chapter, from the book "Australian Clinical Legal Education" compares efforts in Australia, the United Kingdom, and the United States to establish best practices or standards in clinical legal education and the resulting best practices that were developed. The material in this chapter may aid faculty teaching clinical courses in other countries as they consider whether to develop their own best practices in light of their cultures, legal institutions, and systems of legal education.

Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist

Scholarship@WashULaw

How governments and the electorate choose to structure judicial institutions has implications for the rule of law. In the state context, for example, judicial elections were instituted precisely because reformers expected elected judges to counter legislative action more vigorously through the power of judicial review. But when judges invalidate statutes more frequently, they reduce law’s predictability and stability. The same can be said for decisions overruling precedent: frequent overrulings undermine the norm of stare decisis and destabilize the legal status quo. These behaviors may also be viewed by some observers as more “activist” than those that defer to legislative judgments …

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

Center on Children, Families, and the Law: Faculty Publications

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …