Legal Studies Commons^™

The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell

Faculty and Staff Scholarship

Disrupting traditional conceptions of structural inequality, state decision making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman, Jr.’s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler’s evocative and transformative book, Chokehold. While both books grapple with how to dismantle the structural components of mass incarceration, state legitimized police violence against Black bodies, and how policy functions to reify oppressive state power, the approaches espoused by Forman and Butler are analytically distinct. Forman locates his analysis in the dynamics of decision-making power when African American officials wield power …

The Impact Of Environmental Degradation On The Analysis Of Manufactured Fibers, Alexis R. Weber

Master's Theses

The analysis of fiber evidence involves the ability to link a questioned fiber back to its known source. But before the collection and analysis of questioned fibers, they could be potentially exposed to various environmental conditions for an extended period of time. There has been little research on how manufactured fibers are affected by various environments and if this interaction affects the ability to link a questioned fiber back to its known source. Changes to the manufactured fibers are essential to be aware of, in order to avoid the possibility of erroneous exclusions when performing fiber comparisons. A six-month time …

Assay Development For The Identification Of Species And Bioactive Compounds Of Morinda Citrifolia (Noni) In Dietary Supplements By Rt-Qpcr, Dna Sanger Sequencing And Spectroscopy (Uv-Vis/Ftir), Ricardo L. Fernandez Walker

Master's Theses

Regulation standards for dietary supplements lack greatly. Due to this, fraud during the manufacturing of these products might be committed. Previous investigations on herbal dietary supplements have shown that the main ingredient was not present in most of the herbal supplements tested and that these products also contained other substances not stated in the label The purpose of this study was to develop a fluorescent qPCR assay for the identification of Morinda citrifolia herbal species in dietary supplements. Primers for genetic regions rbcL and matK of M. citrifolia were designed. The potential of novel matK primer showed discrimination potential …

Volume 11, Jacob Carney, Ryan White, Joseph Hyman, Jenny Raven, Megan Garrett, Ibrahim Kante, Summer Meinhard, Lauren Johnson, William "Editha" Dean Howells, Laura Gottschalk, Christopher Siefke, Pink Powell, Natasha Woodmancy, Katharine Colley, Abbey Mays, Charlotte Potts

Incite: The Journal of Undergraduate Scholarship

Table of Contents:

Introduction, Dr. Roger A. Byrne, Dean

From the Editor, Dr. Larissa "Kat" Tracy

From the Designers, Rachel English, Rachel Hanson

Synthesis of 3,5-substituted Parabens and their Antimicrobial Properties, Jacob Coarney, Ryan White

Chernobyl: Putting "Perestroika" and "Glasnot" to the Test, Joseph Hyman

Art by Jenny Raven

Watering Down Accessibility: The Issue with Public Access to Alaska's Federal Waterways, Meagan Garrett

Why Has the Democratic Republic of the Congo outsourced its Responsibility to Educate its Citizens? Ibrahim Kante

Art by Summer Meinhard

A Computational Study of Single Molecule Diodes, Lauren Johnson

Satire of …

Screening Sexual Assault Evidence With Low Concentrations Of Male Dna Utilizing The Rapidhit 200 And Paradna Intelligence Test, Taylor L. Koepfler

Graduate Theses, Dissertations, and Problem Reports (ETD)

Over the last several years, crime laboratories have largely focused on the sexual assault kit (SAK) backlog, where they are often confronted with many low-quality samples. The lack of available screening techniques has prevented analysts from gaining insight into the disposition of the sample earlier on in the testing process; requiring analysts to rely on visual observations and little background information. Consequently, resulting in the hindrance of probative STR profiles while expending a large amount of time and resources to gain this result. In recent years, crime laboratories have explored a male screening technique, recommended by SWGDAM, to combat this …

A Study Of The Kratom Alkaloids And Their Binding To The Μ-Opioid Receptor, Reba Elizabeth Ann Chamblee

Honors Theses

Kratom, a plant commonly found in southeast Asia, has traditionally been used for medicinal treatments. Recently, however, the popularity of the drug has significantly increased due to its euphoric effects, leading to it being used as an alternative to illegal opioids. Several alkaloid compounds have been isolated from the leaves of the plant. The main alkaloids seen are the following five alkaloids: mitragynine, 7-hydroxymitragynine, speciociliatine, speciogynine, and paynantheine. Two alkaloids, mitragynine and 7-hydroxymitragynine, have exhibited high potencies and are potentially even more potent than morphine. Previous studies have indicated that the main mediator of the psychoactive effects is the opioid …

Investigating The Binding Of Fentanyl And Fentanyl Analogs To The Μ-Opioid Receptor, Marissa Anne Teske

Honors Theses

In 1960, Dr. Paul Janssen of the Janssen Company synthesized fentanyl. It is a rapid-acting analgesic that, unlike similar analgesics around that time, did not have negative cardiovascular effects. Fentanyl, and its derivatives, are strong μ-opioid receptor agonists. Rates of fatal opioid overdoses involving fentanyl have increases rapidly over the past two decades Due to these increasing concerns related to fentanyl and its derivatives, it is important to not only study fentanyl and its known derivatives, but to also study and understand potential new derivatives and how all these compounds interact with the opioid receptors. This study examined the interactions …

Al-Qaida, Boko Haram, And Isis: Tracking The Shift In Women’S Involvement, Anna Therese Beavers

Honors Theses

This paper discusses the shift in women’s roles in Islamic extremist groups over the last two decades. Focusing on three violent Sunni groups, al-Qaida, Boko Haram, and ISIS, the research aims to fill gaps in United States and global counterterrorism and reintegration efforts by providing a comprehensive, accurate, and timely assessment of the recent change in women’s roles in terrorist organizations, shifting from foundational to limited operational to fully operational. The shift occurred and continues to unfold as several moving parts have fallen into place to create this situation. Women’s desire to participate at a more operational level, the need …

Compound-Specific Isotope Analysis Of Amino Acids In Biological Tissues: Applications In Forensic Entomology, Food Authentication And Soft-Biometrics In Humans, Mayara Patricia Viana De Matos

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this work we demonstrate the power of compound-specific isotope analysis (CSIA) to analyze proteinaceous biological materials in three distinct forensic applications, including: 1) linking necrophagous blow flies in different life stages to their primary carrion diet; 2) identifying the harvesting area of oysters for food authentication purposes; and 3) the ability to predict biometric traits about humans from their hair.

In the first application, we measured the amino-acid-level fractionation that occurs at each major life stage of Calliphora vicina (Robineau-Desvoidy) (Diptera: Calliphoridae) blow flies. Adult blow flies oviposited on raw pork muscle, beef muscle, or chicken liver. Larvae, pupae …

Cannabinoid Conundrum: A Study Of Anti-Epileptic Efficacy And Drug Policy, Kennedy Dickson

Honors Theses

Cannabis is the most commonly used, cultivated, and trafficked drug worldwide. The use and acceptance of marijuana is evolving rapidly, as indicated by the volume of new State cannabis legislation across the U.S. Many of the changes in state laws have occurred without significant input from medical or scientific communities. Additionally, marijuana policy in the US is convoluted with significant inconsistencies between state and federal law. The status of marijuana as a Schedule I drug under the Controlled Substance Act creates numerous restrictions and issues that impact the industry as a whole. The most promising development has been the 2018 …

Assessing The Reliability Of Physical End Matching And Chemical Comparison Of Pressure Sensitive Tapes, Meghan Nicole Prusinowski

Graduate Theses, Dissertations, and Problem Reports (ETD)

Pressure sensitive tapes are a common evidence type in a variety of forensic cases, including violent crimes, drug trafficking, and terrorism. Forensic laboratories are often requested to analyze tape samples for composition and potential source identification. Tape samples manufactured from different sources are often distinguishable when using a combination of sensitive analytical techniques. Nonetheless, the interpretation of the data remains challenging due to a lack of standard criteria and guidelines from which examiners can support their conclusions. As a result, there is a need to standardize the protocols of interpretation of physical and chemical comparisons of tape evidence.

The manufacture …

Sex, Drugs, And Rock 'N' Roll: What Shall We Ban Next?, Gordon A. Crews, Samantha Leigh Crews

Criminal Justice Faculty Publications

Music, literature, movies, and all forms of entertainment play an important role in the socialization of adolescents. Present everywhere and easily available, this allows children almost limitless access to questionable entertainment alone or with friends. Parents are unaware of the content of what their children are absorbing because of the use of downloaded music, videos, and literature, and the use of headphones. Research on popular culture/entertainment has explored its effects on schoolwork, social interactions, and particularly behavior. Lyrics have become more explicit in their references to drugs, sex, and violence over the years, particularly in certain genres. And, in turn, …

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …

Interstitial Space Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”

Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …

Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim

Scholarship@WashULaw

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some …

Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim

Scholarship@WashULaw

Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …

Global Lawmakers: International Organizations In The Crafting Of World Markets: Book Review, Melissa (M.J.) Durkee

Scholarship@WashULaw

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world.

The book …

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

Holmes, Humility, And How Not To Kill Each Other, John D. Inazu

Scholarship@WashULaw

Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In the century since Abrams, we have witnessed changes in society, technology, and politics that have shaped and reshaped the contours of our First Amendment landscape. But not everything has changed — some aspects of our human experience remain remarkably similar to the context in which Holmes wrote. One unchanged aspect of the human condition is our inability to know with certainty. Confronted with this reality in his own day, Holmes at times gestured toward a foundationless relativism. But even …

Corporate Stewardship, Danielle D'Onfro

Scholarship@WashULaw

Harnessing strategies both ancient and modern — hostages, surety, gatekeepers, and blame — this Article proposes a new tool for achieving more efficient corporate compliance. It begins with the premise that a handful of well-known factors, including agency costs, misaligned time-horizons, cognitive biases, and insufficiently deterrent legal regimes sometimes cause companies to ignore important public safety obligations even when those obligations are cost-effective and welfare-maximizing. The result is systemic undercompliance with certain regulatory obligations. Despite the seriousness of this problem, currently available options for motivating compliance mostly fail to make public-safety regulations sufficiently salient to the individuals who perform the …

Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner

Scholarship@WashULaw

Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …

Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner

Scholarship@WashULaw

Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …

Deliberation's Demise: The Rise Of One-Party Rule In The Senate, Kathleen Clark, Tiefer Charles

Scholarship@WashULaw

Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of …

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Scholarship@WashULaw

In July 2016, Michael Cohen, then presidential candidate Donald Trump’s lawyer, secretly recorded Trump discussing how they would use the publisher for the National Enquirer to purchase former Playboy model Karen McDougal’s story about an alleged affair with Trump in order to stop it from becoming public before the 2016 presidential election. The National Enquirer’s publisher purchased McDougal’s story in August 2016. In a similar move to quash another alleged affair from going public in October 2016, Cohen set up a corporation to purchase adult film star Stormy Daniels’s story of her affair with Trump. Trump was elected President in …

Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy

Scholarship@WashULaw

This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.

Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Exploring The Factors Responsible For Occupational Stress Among Police Officers In Nigeria, Ahmed Lateef

Walden Dissertations and Doctoral Studies

Over 90 percent of police officers in Nigeria are confronted with psychological illness and injuries as a result of occupational stress, which is compounded by a lack of attention to police officer welfare by government, insufficient annual leave, and poor salaries that contribute to poor performance. Using Karasek's demands on decision and control model as the foundation, the purpose of this phenomenological study was to explore the impact of occupational stress on police officers in a metropolitan police agency in Nigeria. Data were collected through semi-structured interviews with 15 senior police officers who had at least 20 years experience in …

Law Enforcement Officer Body-Worn Camera Perceptions: Pre And Post Deployment, Benjamin Aaron Straight

Theses and Dissertations

The 2014 fatal police shooting of Michael Brown resulted in (a) a national outcry for police departments to deploy body-worn cameras; and (b) community members and politicians demanding more transparency in the governmental administration of police work. Despite the increased media attention and deployment of body-worn cameras, there is little research on how law enforcement officers perceive body-worn cameras.

The Miami-Dade Police Department implemented a mandatory body-worn camera program on April 20, 2016. The department agreed to a partnership to conduct research on their officers' body-worn camera perceptions. The department internally distributed an electronic survey to 3,313 sworn officers and …

An Analysis Of Selected Clusters Of Fires In Florida (1996 - 2018), Thomas Riley Hall

Theses and Dissertations

Hidden within the day-to-day routine responses of fire departments are possible multiple fires set by individuals in a small area with an unusual frequency. These fires may be the initial announcement of an emerging serial offender who is declaring a wound, an intolerable life situation, or is triggered by unknown events. This study sought to predict incendiary fires within a known cluster by using observable variables, both prior to and after the cluster event. This was done to further our understanding of the characteristics of clusters of intentionally lit fires. This was accomplished by examining the Florida Fire Information Reports …

Effects Of Mental Health Programs On School Violence, Lillian R. Gray

College of Graduate Studies: Theses & Dissertations

Bullying, defined as any unwanted aggressive behavior(s) by another youth or group of youths who are not siblings or current dating partners that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated, is becoming an epidemic in our schools, with rates of victimization rising (Donegan, 2012). This thesis examines mental health programs already established within schools, as well as schools where students do not have access to mental health resources and compares the amount of violence that is perpetrated within these schools. Next, this study explores the relationship between bullying …