Legal Studies Commons^™

How International Justice Can Succeed In Ukraine And Beyond, Leila Nadya Sadat, Christopher Hale

Scholarship@WashULaw

Depictions of gruesome and heartbreaking mass atrocities resulting from Russia’s invasion of Ukraine have injected discussions of war crimes trials into common discourse the world over. World leaders and government spokespersons in major capitols now field a steady stream of media questions on how crimes in Ukraine will be confronted. An unprecedented number of States Parties (41) of the International Criminal Court (ICC) referred the crimes in Ukraine to the ICC Prosecutor for investigation, and a video statement from the last living prosecutor of the Nuremberg era, 102-year-old Ben Ferencz, was played at one of the most-watched United Nations …

Digital Forensics For Mobility As A Service Platform: Analysis Of Uber Application On Iphone And Cloud, Nina Matulis, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Uber is a ride-hailing smartphone application (app) that allows users to order a ride in a highly efficient manner. The Uber app provides Mobility as a Service and allows users to easily order a ride in a private car with just a few clicks. Uber stores large amounts of data on both the mobile device the app is being used on, and in the cloud. Examples of this data include geolocation data, date/time, origin/destination addresses, departure/arrival times, and distance. Uber geolocation data has been previously researched to investigate the privacy of the Uber app; however, there is minimal research relating …

Smart Home Forensics: Identifying Ddos Attack Patterns On Iot Devices, Samuel Ho, Hope Greeson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smart homes are becoming more common as more people integrate IoT devices into their home environment. As such, these devices have access to personal data on their homeowners’ networks. One of the advantages of IoT devices is that they are compact. However, this limits the incorporation of security measures in their hardware. Misconfigured IoT devices are commonly the target of malicious attacks. Additionally, distributed denial-of-service attacks are becoming more common due to applications and software that provides users with easy-to-use user interfaces. Since one vulnerable device is all an attacker needs to launch an attack on a network, in regards …

Innovation Resistance? Understanding Officer Attitudes Toward Police Innovation, Justin Smith

Electronic Theses and Dissertations, 2020-2023

Over the years, innovations such as community-oriented policing, problem-oriented policing, and crime analysis have helped police agencies control, reduce, and prevent crime and disorder, and improve police and community relations. However, research shows that some officers are resistant to using these innovations in practice. Few studies have examined the causal mechanisms behind innovation resistance. This doctoral dissertation details a study that utilized a mixed method approach to partially test a framework that encompassed two theories to explain officer resistance to innovation: The Model of Consumer Resistance to Innovation from the consumer psychology and marketing fields (Ram & Sheth, 1989), and …

The Expansion Of School Resource Officers In A Florida County: A Mixed Methods Study, Melanie Soderstrom

Electronic Theses and Dissertations, 2020-2023

In the aftermath of school shootings, policymakers presented the expansion of school resource officers (SROs) in the nation's schools as a method for keeping students safe. Recently, policing in the United States has come under increased scrutiny, and several school districts across the country cancelled their SRO contracts with law enforcement agencies. Notably, these contradictory decisions have been made with limited empirical knowledge surrounding, the roles, preparedness, and impact of SROs. A county in Florida substantially expanded its SRO program in the 2016-17 school year creating a new unit within the local sheriff's office and an opportunity to investigate these …

An Examination Of Street-Level Drug Enforcement Tactics And Court Outcomes, Nicholas Paul

Electronic Theses and Dissertations, 2020-2023

While there is a substantial body of placed-based evaluations of drug enforcement strategies, little is known about the nature and effectiveness of the routine tactics used by local police to target individual drug offenders. This study used a mixed-method approach to build on existing research on the efficacy of drug enforcement by documenting the nature and consequences of street-level drug enforcement at the local level. First, a focus group of drug enforcement experts was conducted to identify the tactics used to generate arrests and various types of evidence believed to strengthen drug cases. Next, official data in the form of …

Y-Chromosome Dna Extraction From Post-Cranial Skeletal Elements, Mykala D. Ward

Graduate Student Theses, Dissertations, & Professional Papers

The use of DNA in forensic science has become an integral tool for victim and perpetrator identifications, missing person’s cases, paternity testing, etc. A major use of DNA is in the identification of unknown deceased individuals. With a reported number of individuals well over 8,000 in the United States, improved methods to accurately collect and analyze DNA from modern human bone are needed.

This project took the preliminary steps to improve DNA sampling and extraction methods by analyzing the Y-chromosome DNA yield from the two bone types. While both types are composed of the same materials, cortical bone is the …

Analyzing The Viability Of Direct Pcr For Use In Conjunction With Cyanoacrylate Enhanced Fingerprints, Coral M. Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

Efficient methods for DNA analysis are desperately needed in laboratories due to the influx in DNA analysis requests. The current DNA processing methods are costly, time consuming, and involve multiple tube changes, increasing the risk of contamination. However, the use of direct PCR can simplify the DNA analysis process by eliminating the extraction, purification and quantitation steps. Presently, the FBI Quality Assurance Standard 9.4 requires all evidence samples to be quantitated. As a result, the direct PCR method of DNA processing cannot be implemented on evidence samples at this time. Direct PCR presents the opportunity to provide efficient DNA analysis, …

The Risk Protection Order: Protection From Mass Homicide?, Brooke Elvington

Theses and Dissertations

Gun control measures, referred to as “risk protection orders” or “Red Flag” laws, are expanding with widespread public support. Currently, 19 states have similar legislation, varying in procedural approaches and enforcement to reduce firearm-related homicide, emphasizing mass homicide. However, little is known about whether the legislation is effective. The following questions are presented: (1) Is there a difference between rates of firearm related homicide incidences prior to and after the creation of Florida’s “Red Flag” law? (2) Do risk protection orders target individuals demonstrating known mass homicide offender typology characteristics? The study used data derived from open-source resources. An interrupted …

Microsoft Defender Will Be Defended: Memoryranger Prevents Blinding Windows Av, Denis Pogonin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Windows OS is facing a huge rise in kernel attacks. An overview of popular techniques that result in loading kernel drivers will be presented. One of the key targets of modern threats is disabling and blinding Microsoft Defender, a default Windows AV. The analysis of recent driver-based attacks will be given, the challenge is to block them. The survey of user- and kernel-level attacks on Microsoft Defender will be given. One of the recently published attackers’ techniques abuses Mandatory Integrity Control (MIC) and Security Reference Monitor (SRM) by modifying Integrity Level and Debug Privileges for the Microsoft Defender via syscalls. …

The Implications Of A Militarized Police Force In The United States, Nhat Dang

Themis: Research Journal of Justice Studies and Forensic Science

The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.

It Doesn’T Get Better With Time: The Effect Of Housing Insecurity On Rearrest In Polk And Palm Beach County, Quintin Williams

Dissertations

Housing insecurity is one of the main drivers of poverty and inequality in contemporary urban society. We know that this insecurity contributes to poor outcomes for the individuals experiencing it. We know less about how this housing insecurity impacts contact with the criminal justice system. Using event history analysis, this study assesses the effects of housing insecurity in Polk County Iowa and Palm Beach County Florida. Results confirm that housing insecurity increases the risk of being rearrested each day a person is without stable housing. These findings reveal that lack of access to safe, affordable, and stable housing not only …

Rising Scholars: Narratives Of Formerly Incarcerated/System-Impacted Community College Students In An On-Campus Support Program, Jason Durrell Bostick

LMU Theses and Dissertations

This study uplifted the stories of formerly incarcerated and/or system-impacted students attending a California community college (i.e., “Rising Scholars”) to provide qualitative context to a growing literature following the state’s promotion of support programs at the University of California (UC), California State University (CSU), and California Community Colleges (CCC) systems. This study interviewed six formerly incarcerated/system impacted Rising Scholars using a narrative inquiry methodology with a theoretical framework of Critical Race Theory (CRT) and Desistance theory to inquire about their educational experiences before and during their enrollment at an urban California community college with reentry support. Key themes in the …

Detection Of Overlapping Passive Manipulation Techniques In Image Forensics, Gianna S. Lint, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

With a growing number of images uploaded daily to social media sites, it is essential to understand if an image can be used to trace its origin. Forensic investigations are focusing on analyzing images that are uploaded to social media sites resulting in an emphasis on building and validating tools. There has been a strong focus on understanding active manipulation or tampering techniques and building tools for analysis. However, research on manipulation is often studied in a vacuum, involving only one technique at a time. Additionally, less focus has been placed on passive manipulation, which can occur by simply uploading …

A Process Evaluation Of Aunt Mary’S Storybook: Seeking To Improve The Relationship Between Incarcerated Parents And Their Children Through Literacy, Scott Charles Mcwilliams

Master's Theses

In response to the rise of incarceration in jails and prisons, and the number of children adversely impacted by their parents’ incarceration, in 1993, a nonprofit organized called Companions Journeying Together (“CJT”), created the Aunt Mary’s Storybook (AMS) program to foster positive connections between incarcerated parents to their children. What began as a Christmastime program for mothers in the Cook County Jail has grown into a year-round program operating in prisons and jails throughout Illinois. AMS provides those incarcerated with an opportunity to record themselves reading a book to their children, and AMS then mails/transmits the recording along with a …

Authenticity, Care, And Relationships: Ethical Decision-Making In Criminal Justice Education, Robert B. Lehmann

Theses and Dissertations

Many events in recent history have demonstrated the need for addressing the training of law enforcement and other public servants commonly referred to as criminal justice professionals in the United States. Reckoning with the imperfect history of the criminal justice system, specifically the history of problematic relations with marginalized people, and developing a system that is better equipped to meet the needs of an equitable and just society is at the forefront of many discussions of criminal justice reform. Improving ethical decision-making training in criminal justice education is one avenue to addressing these needs for current and future professionals. Conceptually, …

Coming Debates To Advance New Treaty On Crimes Against Humanity Will Require Skillful Leadership, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

The resolution adopted recently at the United Nations General Assembly’s legal committee on draft articles for a treaty on crimes against humanity creates a two-year process for debate and discussion of the proposal within the committee. This opens the door for the possible adoption of a new, critically needed, global treaty on crimes against humanity within the next three or four years. Such a treaty would close several gaps in the legal architecture of atrocity crimes — particularly the legal obligation to prevent crimes against humanity, a duty not imposed by complementary regimes, including the Rome Statute of the International …

Little Progress In The Sixth Committee On Crimes Against Humanity, Leila Nadya Sadat

Scholarship@WashULaw

This essay takes up the work of the UN Sixth Committee to date on crimes against humanity. It offers the first comprehensive tabulation of States’ positions, an analysis of the work accomplished thus far, and suggests a potential roadmap for advancing the adoption of a new global treaty on crimes against humanity. The essay notes the substantial progress made by the International Law Commission in the development and shaping of the proposed draft treaty as well as the substantial support the ILC’s work has attracted from States. At the same time, it underscores the disappointing outcome of this year’s negotiations, …

Centering Noncitizens’ Free Speech, Gregory P. Magarian

Scholarship@WashULaw

First Amendment law pays little attention to noncitizens’ free speech interests. Perhaps noncitizens simply enjoy the same First Amendment rights as citizens. However, ambivalent and sometimes hostile Supreme Court precedents create serious cause for concern. This Essay advocates moving noncitizens’ free speech from the far periphery to the center of First Amendment law. Professor Magarian posits that noncitizens epitomize a condition of speech inequality, in which social conditions and legal doctrines combine to create distinctive, unwarranted barriers to full participation in public discourse. First Amendment law can ameliorate speech inequality by promoting an ethos of free speech obligation, amplifying the …

Social Disorganisation Theory And Violent Crime: A Spatial-Econometric Analysis Of Chicago And Sydney, Anthony N. Greening

Theses: Doctorates and Masters

The spatialisation of violent crime is explored in two large case studies, Chicago and Sydney, using spatial econometric methods and macro-sociological variables derived from Social Disorganisation Theory.

Social Disorganisation Theory (SDT) is introduced in terms of its formulation in response to highly specific conditions arising in Chicago, as well as its adoption of methodological and theoretical developments from existing traditions. This specificity belies its breadth of application and enduring presence in criminology. With “Social Disorganisation Theory” hosting a wealth of highly nuanced academic dialogue conducted under its banner, current incarnations of SDT appear as branches on an evolutionary tree. This …

Representation Without Elections: Civil Society Participation As A Remedy For The Democratic Deficits Of Online Speech Governance, Brenda Dvoskin

Scholarship@WashULaw

Giant social media companies wield oversized power over what gets communicated online. Yet, it remains unclear how to hold that power accountable to the public. In democracies, governments are limited in how much they can regulate speech directly, creating an obstacle for efforts to make online speech governance more democratic. Corporations are touting civil society consultations to try to regain trust in how they write their rules. Scholars and lawmakers, too, are looking to mandate increased reliance on civil society participation as a means to democratize private governance without involving governmental bodies.

These proposals often make two assumptions. One is …

Do Social Movements Spur Corporate Change? The Rise Of 'Metoo Termination Rights' In Ceo Contracts, James Hicks, Rachel Arnow-Richman, Steven Davidoff Solomon

Scholarship@WashULaw

Do social movements spur corporate change? This Article sheds new empirical and theoretical light on the issue through an original study of executive contracts before and after MeToo. The MeToo movement, beginning in late 2017, exposed a workplace culture seemingly permissive of high-level, sex-based misconduct. Companies typically responded slowly and imposed few consequences on perpetrators, often allowing them to depart with lucrative exit packages. Why did companies reward rather than penalize bad actors, and has the movement disrupted this culture of complicity?

The passage of time since the height of the movement allows us to investigate these issues empirically, using …

Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans

Scholarship@WashULaw

Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have acknowledged that canons of interpretation are often based on erudite assumptions of how Congress drafts federal statutes. But a recent surge in legal realism has shown just how erroneous many of these assumptions are. Scholars have created a robust study of congressional practices that challenge many formalist canons of interpretation that are divorced from how Congress thinks about, drafts, and enacts federal statutes. This conversation, however, has yet to confront statutory incorporation, which describes when Congress incorporates state law into …

Legislating Data Loyalty, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Lawmakers looking to embolden privacy law have begun to consider imposing duties of loyalty on organizations trusted with people’s data and online experiences. The idea behind loyalty is simple: organizations should not process data or design technologies that conflict with the best interests of trusting parties. But the logistics and implementation of data loyalty need to be developed if the concept is going to be capable of moving privacy law beyond its “notice and consent” roots to confront people’s vulnerabilities in their relationship with powerful data collectors.

In this short Essay, we propose a model for legislating data loyalty. Our …

Understanding American Privacy, Neil M. Richards, Andrew B. Serwin, Tyler Blake

Scholarship@WashULaw

This Article is an explanation of some of the key features of American privacy law for a general audience. In particular, it tries to explain American privacy law against the critique that because the US currently lacks a European-style privacy law, the United States lacks much in the way of privacy law. We argue that the lack of a European-style data protection law in the United States is not the end of the analysis. This article therefore offers a basic roadmap to American privacy law for the uninitiated. In order to understand American privacy, we believe that it is important …

Judicial Compliance In District Courts, Jens Frankenreiter, Daniel L. Chen

Scholarship@WashULaw

Public enforcement of law relies on the use of public agents, such as judges, to follow the law. Are judges motivated only by strategic interests and ideology, as many models posit, rather than a duty to follow the law? We use the random assignment of U.S. Federal judges setting geographically-local precedent to document the causal impact of court decisions in a hierarchical legal system. We examine lower court cases filed before and resolved after higher court decisions and find that lower courts are 29-37% points more likely to rule in the manner of the higher court. The results obtain when …

Development Of An Expert Algorithm For Substance Identification (Easi) To Discriminate Between Spectrally Similar Fentanyl Analogs In Mass Spectrometry, Alexandra Adeoye

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fentanyl is an opioid that is about 100 times more potent than morphine, and its analogs are just as potent, and some like carfentanil are even more so potent. In recent years, fentanyl and its analogs have been responsible for over 50% of overdose-related deaths. In response, the DEA has placed all fentanyl analogs as Schedule I compounds because of their non-medicinal use and high potential for abuse and physical dependence. However, fentanyl analogs have high structural and mass spectral similarities due to the extremely conservative nature of the core fentanyl structure, which makes the differentiation and identification of fentanyl …

Mtdna Heteroplasmy In Hair Shafts Versus Buccal Swabs For Forensic Applications, Sara R. Bodnar

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mitochondrial DNA (mtDNA) analysis has several forensic applications such as criminal investigations, identification of human remains, and missing person investigations. It is also the only type of DNA that is available from certain sample types such as hair shafts. The presence of mtDNA heteroplasmy within and between tissue types can lead to mtDNA sequence differences when comparing samples originating from the same individual. Studies on mtDNA heteroplasmy are increasingly being carried out for their implications in forensic interpretation of mtDNA sequences. Specifically, mtDNA in buccal swabs compared to hair samples from one individual may show differences in sequence due to …

Critical Perspectives On Produce Prescription Programs & Us Federal Nutrition Policy, Alanna K. Higgins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Produce prescription programs, interventions operating at the intersection of food access and public health, are steadily increasing in number across the United States since 2010. I leverage key informant interviews, participant observations, and event ethnographies to form a four-year institutional ethnography of the implementation of produce prescriptions within West Virginia alongside a legal-policy archaeology methodology to understand how produce prescriptions have been institutionalized and funded within the US Farm Bill. While much of produce prescription program growth is attributed to an expansion of federal funding starting in 2014, this dissertation demonstrates that these programs and the federal legislation which has …

Assessment Of Quechers Extraction Protocol For The Lc-Ms/Ms Detection Of Emerging Fentanyl Analogs In Biological Specimens For Clinical And Forensic Purposes, Kylea M. Morris

Graduate Theses, Dissertations, and Problem Reports (ETD)

Drug abuse within the United States is a dynamic and pervasive issue that affects the quality and life expectancy of our society. One of the major drug classes that are constantly utilized is opioids. Opioids are prescribed for pain management in patients suffering from cancer and other medical illnesses. Long-term use of opioids could lead to tolerance in humans, which poses a risk of reaching fatal overdose levels. Unfortunately, opioids are abused recreationally, and in some instances, individuals are unaware of the presence of dangerous synthetic drugs like fentanyl, hidden in materials such as heroin, cocaine, oxycodone, and methamphetamine. Recent …