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2021

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Articles 481 - 497 of 497

Full-Text Articles in Legal Studies

Finding New Classroom Tricks In A Virtual Teaching World: One ‘Old Dog’S’ Tale, Daniel Keating Jan 2021

Finding New Classroom Tricks In A Virtual Teaching World: One ‘Old Dog’S’ Tale, Daniel Keating

Scholarship@WashULaw

It has been hard to find many silver linings in this dark cloud we call the pandemic, but here’s one: Two colleagues and I, all three of us at different law schools, were having an e-mail discussion about how online instruction had affected us and challenged our “business as usual” approach to teaching. Among the three of us, we have taught for more than 100 years combined. Yet here we were, trading notes on our successes and failures with polls, online discussion boards, and virtual breakout rooms. Finally, the most senior member of our trio summed it up with this …

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By Any Means: A Philosophical Frame For Rulemaking Reform In Criminal Law, Trevor George Gardner Jan 2021

By Any Means: A Philosophical Frame For Rulemaking Reform In Criminal Law, Trevor George Gardner

Scholarship@WashULaw

Equitable crime policy and equity in the process of crime policymaking stand as the two goals most important to criminal-justice reform advocates. It would be a strategic mistake, however, to consider the two of equal importance. Crime-policy reform should be considered the first-order principle of the crime-policy reform movement. Fairness in the crime-policymaking process, while key to the pursuit of democratic ideals, is best understood as a secondary consideration. Put simply, the prioritization of fair process risks stifling the crime-policy reform movement by tethering the policy ends of the movement (namely, minimalism in criminal administration) to a pre-ordained means.

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The Characteristics And Effectiveness Of Treatment For Young Sex Offenders In Australia And New Zealand: A Systematic Review, James Finney Jan 2021

The Characteristics And Effectiveness Of Treatment For Young Sex Offenders In Australia And New Zealand: A Systematic Review, James Finney

Theses: Doctorates and Masters

Sexual offending by young people presents a serious and devastating issue effecting victims, families, and wider society. This has led investigative efforts to understand the efficacy of treatment programs to cease or at minimum reduce sexual recidivism. Evaluations examining treatment efficacy have predominately been conducted in the United States and Canada, with limited research focused exclusively on young sex offenders in Australia and New Zealand. To address the paucity of information, a systematic review of young sex offender treatment research in Australia and New Zealand was conducted. The systematic review employed a comprehensive search strategy and rigorous vetting procedure, which …

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Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary, Christina L. Boyd, Matthew E. Baker Jan 2021

Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary, Christina L. Boyd, Matthew E. Baker

Scholarship@WashULaw

In their new book, Bonica and Sen promise a JUDICIAL TUG OF WAR, and they deliver. THE JUDICIAL TUG OF WAR: HOW LAWYERS, POLITICIANS, AND IDEOLOGICAL INCENTIVES SHAPE THE AMERICAN JUDICIARY investigates the battle between the legal profession and political elites “in which the judiciary not only is the prize to be won but is also caught in the middle” (p. 19). The result of this high stakes conflict is a judiciary tinged by politics. In modern times, the legal bar pulls the judiciary to the left, while political elites, on average, yank back toward the right. As Bonica and …

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The Social Science Approach To International Law, Daniel Abebe, Adam S. Chilton, Tom Ginsburg Jan 2021

The Social Science Approach To International Law, Daniel Abebe, Adam S. Chilton, Tom Ginsburg

Faculty Scholarship

For over a hundred years, scholars have argued that international law should be studied using a “scientific” approach. Throughout the twentieth century, however, the most prominent methods used to study international law primarily consisted of different theoretical and analytical claims about how international law should be developed, interpreted, and critiqued. It is only in the first two decades of the twenty-first century that the conventional social science approach to research — identifying a specific question, developing hypotheses, using a research design to test those hypotheses based on some form of qualitative or quantitative data, and presenting conclusions, all while acknowledging …

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Covid-19 And The Correctional Environment: An Analysis Of Canadian Correctional Officers’ Experiences Of Stress And Mental Health During The Pandemic, Kristina Kocsis Jan 2021

Covid-19 And The Correctional Environment: An Analysis Of Canadian Correctional Officers’ Experiences Of Stress And Mental Health During The Pandemic, Kristina Kocsis

Theses and Dissertations (Comprehensive)

This national survey research project examined the experiences of Canadian correctional officers (COs) in providing essential correctional services during the COVID-19 pandemic. The study sampled COs from several provinces across Canada (N=596) to better understand how the pandemic impacted stress and wellbeing of this population by exploring seven constructs including resiliency, workplace safety, changes in role or responsibilities, work stress, COVID- 19 related stress, perceived support, and positive mental health. The transactional model of stress and coping and the biopsychosocial model of stress were used as theoretical frameworks to investigate stress responses among COs. Respondents reported significant changes to their …

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Error-Resilient Consumer Contracts, Danielle D'Onfro Jan 2021

Error-Resilient Consumer Contracts, Danielle D'Onfro

Scholarship@WashULaw

When firms contracting with consumers make mistakes, people get hurt. Inaccurate billing, misapplied payments, and similar problems push lucky consumers into kafkaesqe customer-service queues and unlucky ones off the financial cliff. Despite significant regulatory interventions, firms contracting with consumers continue to struggle to accurately bill customers, update accounts, and process payments. Firms largely rely on technology, especially databases and software, to discharge these servicing obligations. This technology must accommodate firms’ innovations in their contracts, shifting regulations, and unpredictable consumer behavior. Given the complexity of servicing, the technology will inevitably produce mistakes even when firms invest in technology. When firms skimp …

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Decarceration And Default Mental States, Benjamin Levin Jan 2021

Decarceration And Default Mental States, Benjamin Levin

Scholarship@WashULaw

This Essay, presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at ASU’s Sandra Day O’Connor College of Law, examines the politics of federal mens rea reform legislation. I argue that current mens rea policy debates reflect an overly narrow vision of criminal justice reform. Therefore, I suggest an alternative frame through which to view mens rea reform efforts—a frame that resonates with radical structural critiques that have gained ground among activists and academics. Common arguments for and against mens rea reform reflect a belief that the problem with the criminal system is one of …

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Interpretive Entrepreneurs, Melissa (M.J.) Durkee Jan 2021

Interpretive Entrepreneurs, Melissa (M.J.) Durkee

Scholarship@WashULaw

Private actors interpret legal norms, a phenomenon I call “interpretive entrepreneurship.” The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of “post hoc” international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …

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Ai And Inequality, Pauline Kim Jan 2021

Ai And Inequality, Pauline Kim

Scholarship@WashULaw

This Chapter examines the social consequences of artificial intelligence (AI) when it is used to make predictions about people in contexts like employment, housing and criminal law enforcement. Observers have noted the potential for erroneous or arbitrary decisions about individuals; however, the growing use of predictive AI also threatens broader social harms. In particular, these technologies risk increasing inequality by reproducing or exacerbating the marginalization of historically disadvantaged groups, and by reinforcing power hierarchies that contribute to economic inequality. Using the employment context as the primary example, this Chapter explains how AI-powered tools that are used to recruit, hire and …

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A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog Jan 2021

A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of people has become a major element of the internet’s business model.

Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty. What, …

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Introduction To The Symposium On Frederic Megret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa (M.J.) Durkee Jan 2021

Introduction To The Symposium On Frederic Megret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa (M.J.) Durkee

Scholarship@WashULaw

Imagine a future in which the U.S. government has closed the postal service, shuttered its administrative apparatus, and stopped funding education. Confirmation battles have dismantled the federal judiciary, with most adjudication now performed by private arbitrators. After years of erosion of public standards, corporate environmental and labor practices are now left to voluntary self-regulation and market pressures. Private military and security companies command and regulate a vast military infrastructure, executing contracts to meet U.S. intelligence and defense requirements. Prisons have been fully privatized. After losing faith in elections, the U.S. populace no longer insists on them. The country is administered …

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When Is A Child Not A Child? When They Offend. The Minimum Age Of Criminal Responsibility In Western Australia: Insights From The Public, Natalie Gately, Suzanne Rock, James Finney Jan 2021

When Is A Child Not A Child? When They Offend. The Minimum Age Of Criminal Responsibility In Western Australia: Insights From The Public, Natalie Gately, Suzanne Rock, James Finney

Research outputs 2014 to 2021

In 2016, Australia was in the international spotlight after an 11-year-old child became the ‘youngest known person’ to be charged with murder (Booth, 2016). The minimum age of criminal responsibility (MACR) in Australia is 10 years old, with children being charged, trialled, sentenced, and imprisoned for breaking the law. In response to the case, Amnesty International called on the Australian Government to raise the MACR to 12 years, noting that ‘Australia’s out-of-step laws dictate’ that this boy could be held criminally responsible (Booth, 2016; O’Brien & Fitz-Gibbon, 2017). Australia has been under constant national and international pressure to align its …

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Anti-Modalities, David E. Pozen, Adam Samaha Jan 2021

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

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Digital Forensic Readiness In Operational Cloud Leveraging Iso/Iec 27043 Guidelines On Security Monitoring, Sheunesu Makura, H. S. Venter, Victor R. Kebande, Nickson M. Karie, Richard A. Ikuesan, Sadi Alawadi Jan 2021

Digital Forensic Readiness In Operational Cloud Leveraging Iso/Iec 27043 Guidelines On Security Monitoring, Sheunesu Makura, H. S. Venter, Victor R. Kebande, Nickson M. Karie, Richard A. Ikuesan, Sadi Alawadi

Research outputs 2014 to 2021

An increase in the use of cloud computing technologies by organizations has led to cybercriminals targeting cloud environments to orchestrate malicious attacks. Conversely, this has led to the need for proactive approaches through the use of digital forensic readiness (DFR). Existing studies have attempted to develop proactive prototypes using diverse agent-based solutions that are capable of extracting a forensically sound potential digital evidence. As a way to address this limitation and further evaluate the degree of PDE relevance in an operational platform, this study sought to develop a prototype in an operational cloud environment to achieve DFR in the cloud. …

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Digital Forensic Readiness Intelligence Crime Repository, Victor R. Kebande, Nickson M. Karie, Kim-Kwang R. Choo, Sadi Alawadi Jan 2021

Digital Forensic Readiness Intelligence Crime Repository, Victor R. Kebande, Nickson M. Karie, Kim-Kwang R. Choo, Sadi Alawadi

Research outputs 2014 to 2021

It may not always be possible to conduct a digital (forensic) investigation post-event if there is no process in place to preserve potential digital evidence. This study posits the importance of digital forensic readiness, or forensic-by-design, and presents an approach that can be used to construct a Digital Forensic Readiness Intelligence Repository (DFRIR). Based on the concept of knowledge sharing, the authors leverage this premise to suggest an intelligence repository. Such a repository can be used to cross-reference potential digital evidence (PDE) sources that may help digital investigators during the process. This approach employs a technique of capturing PDE from …

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Conversations Around The Kitchen Table, Cathy Henkel, Sam Lara Jan 2021

Conversations Around The Kitchen Table, Cathy Henkel, Sam Lara

Research outputs 2014 to 2021

No abstract provided.

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