Legal Studies Commons^™

Second-Tier Marriages, Jeremiah A. Ho

All Faculty Scholarship

This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now "on the books," the Supreme Court's treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n and 303 Creative LLC v. Elenis reveals the status quo's hesitancy to recognize same-sex relationships on equal footing. Retrenchment, however, only describes the moment itself; it alludes to but offers no comprehensive or satisfying theory that identifies the motives behind the moves. This Essay theorizes from within the context of the Supreme Court's LGBTQ …

Predictors Of Identity Crime Victimization Of Adolescent Youth In Foster Care, John Gyourko, Greg Ridgeway

Department of Social Work - Faculty Scholarship

Identity crimes pose serious risks and challenges for youth in foster care. As young people move through various out-of-home placements and schools, their personal data are often widely disseminated, difficult to secure, and thus vulnerable to theft and misuse. When they transition from foster care to adulthood, identity crime victims with compromised credit histories may be denied loans, employment, and/or housing during the already-precarious period of emerging adulthood. Even though federal law requires state child welfare agencies to conduct annual credit checks for adolescent youth in foster care, little is known about the factors contributing to risk of identity crime …

Rethinking Antebellum Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …

Fat And Water Content Effects Of Three Food Substrates (Ground Veal, Ground Beef, And Beef Liver) On Lucilia Sericata (Diptera: Calliphoridae) Development And Mortality, Nicole Dailey

Master of Science in Forensic Science Directed Research Projects

Although temperature has been identified as the most important catalyst affecting blow fly larval development, other variables encountered by these species, such as the fat and moisture content of the food source, may have an impact on accurate estimations of the PMImin in forensic investigations. Thus, body composition differences between human carrion, such as variations in body fat and water percentages between younger and older individuals, or heavier persons, could affect blow fly developmental rates, and in turn cause over or under estimations of the PMImin. In this study, the weight, length, and development times of Lucilia sericata third instar …

A Comparative Analysis Of Swabbing Solutions For Sexual Assault Evidence: Direct Impact On Spermatozoa And Dna Recovery, Olivia Q. Kassie

Master of Science in Forensic Science Directed Research Projects

Forensic laboratories struggle with a backlog of sexual assault cases, prompting the need for effective techniques to develop consistent protocols and address scientific gaps. Challenges in recovering optimal DNA from assault evidence stem from factors like collection timing and sampling variables. Variations in lab protocols can lead to differences in DNA yields and profile success. This was observed in a state lab when protocols were developed allowing the use of acetone to swab sexual assault evidence. The use of acetone originated due to their case-routing protocols in multi-section cases involving latent fingerprints. While not necessary for sexual assault and porous …

Discrimination Of Blue Denim Fibers Utilizing Physical Characteristics, Optical Properties, Fluorescence Microscopy, Ultraviolet-Visible Microspectrophotometry, And Microchemical Testing, Elkin Howard

Master of Science in Forensic Science Directed Research Projects

Cotton, the most common natural fiber, has numerous uses in the textile industry. This fiber type is ubiquitous in forensic casework due to its prevalence, particularly in blue jeans. The abundance of blue cotton in society and its limited variations in features can diminish the probative value of its presence on items of evidence. While a pair of blue jeans may be constructed with a combination of natural and manufactured fibers, the most likely fiber type to be transferred between sources is cotton. In this study, a comprehensive analytical approach to blue jean fiber analysis was explored to determine if …

Cellular Autofluorescence Signatures For Determining Time Since Deposition Of Whole Blood, Hannah Lamer

Master of Science in Forensic Science Directed Research Projects

Knowledge of the relative window of time that evidentiary biological material was deposited at a crime scene, referred to as the time since deposition (TSD), would help investigators determine which evidentiary items are most probative and assist with scene reconstruction. One commonly encountered body fluid at a crime scene is blood. Various methods for estimating TSD of bloodstains have been developed, but none to date have been validated for use in the forensic laboratory. Recently, flow cytometry measurements of cellular autofluorescence and size/structure have been investigated as a signature for TSD of saliva and touch epidermal cells. This study assessed …

A Novel Dual Configuration Dart/Uhplc-Ms/Ms System For The Rapid Analysis Of Psilocybin-Containing Mushrooms And Other Seized-Drug Submissions, Aron R. Jaffe

Master of Science in Forensic Science Directed Research Projects

The use and availability of controlled substances is highly dynamic. When a classical or novel psychoactive substance becomes popular, an influx of seized-drug evidence submissions closely follows, contributing to an ever-growing backlog of exhibits awaiting identification. The need for inclusive, rapid, and robust analytical methods is apparent, as demonstrated by recent growth in hallucinogen use. Psilocybin and psilocin, among other entheogens, have become increasingly popular and an increase of psilocybin mushroom seizures by law enforcement has followed. The structural similarity and thermal lability of many entheogens preclude their identification using many conventional analysis techniques. A DART and UHPLC were interchangeably …

The Pursuit Of Peace: Adlai Stevenson’S Impact On The Cuban Missile Crisis, Alexandra M. Buonanno

Pell Scholars and Senior Theses

This paper explores the idea that Adlai Stevenson was a more significant member of the Executive Committee of the National Security Council and voice for peace than given credit for. It includes the betrayal of Stevenson by JFK during the Bay of Pigs fiasco and how many members of the Kennedy administration felt Stevenson was too naive and weak to be an ambassador to the United Nations during the Cold War. This papers seeks to prove that without Adlai Stevenson the Cuban Missile Crisis would have ended horrifically rather than peacefully.

Eco-Illusions: Unveiling Greenwashing Techniques On Corporate Social Media, Madeline B. Davis

Pell Scholars and Senior Theses

As the climate crisis continues, businesses are becoming savvier with how they communicate their environmental impact to their audiences. Greenwashing, the act of making unsubstantiated claims about the environmental friendliness of products, is becoming more popular amongst unsustainable corporations. Past research shows that companies are using specific techniques to deceive consumers. By conducting a content analysis of five corporate Instagram accounts from companies with past greenwashing allegations, this research used four main criteria to categorize greenwashed posts: color palette recurrent language, pleasant nature imagery, and vague appeals. Vague appeals were most commonly used online. Understanding how companies are perpetuating greenwashing …

Jimmy Carter’S Dilemma: The American Boycott Of The 1980 Summer Olympics, Grace E. Schoales

Pell Scholars and Senior Theses

Amidst strong political tension and the global uncertainty of the Cold War, an unlikely group of American college students took their skills to the Olympic ice in 1980, unknowingly preparing to make history. They defeated the notoriously tough Soviet Union team, boosting American pride across the nation. This victory left the U.S. feeling unstoppable and ready to face off against the Soviets again in a few months at the Moscow Summer Games. There was just one problem- the Carter Administration would soon announce the United States’ official boycott of the Games. This followed heightened Cold War tensions due to the …

Temporal Discrimination Of Lucilia Sericata Pupae Using Dart- Tof-Ms And Statistical Analysis, Nguyen-Khoa N. Pham

Master of Science in Forensic Science Directed Research Projects

Lucilia sericata (Diptera: Calliphoridae) is a forensically important blow fly species. These flies have been extensively studied as they are one of the earliest colonizers of corpses. Adult females blow flies lay approximately 200-2,300 eggs, which upon hatching will feed off the body as they metamorphosize from first to second, and third instars. The third instar larvae then migrate away from the body in a stage known as pre-pupa, and develop into the puparial stage. The adults emerge from the pupa stage, leaving behind their empty puparium. These developmental stages are used by forensic entomologists to determine a minimum postmortem …

An Overview Of Youth Crime And Violence In The Caribbean Community (Caricom), Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

No abstract provided.

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …

Rhetorical (Re)Inscription Practices Among Black Intercollegiate Football Participants In The Era Of Name, Image And Likeness, Mikayla Beaudrie

UNF Graduate Theses and Dissertations

When intercollegiate athletic participants were permitted the right to profit off of their name, image and likeness (NIL), the landscape of college sports was fundamentally changed. This qualitative explanatory case study investigated one consequence of that change: the discourse of amateurism. The National Collegiate Athletic Association (NCAA) has historically identified participants in the athletic programs it oversees with the word “student-athlete.” In the years since the word was first introduced, its meaning has generally been static. In short, the linguistic sign “student-athlete” has been signified in and by the discourse to reflect the amateur status of collegiate sport participants, emphasizing …

Exploring Evidence-Based Intervention Methods In The Juvenile Justice System, Edgar J. Quinones-Gomez

Honors Undergraduate Theses

A large body of research has been devoted to understanding evidence-based interventions (EBI) and their effectiveness in the juvenile justice system. This systematic review examines three commonly used interventions used to reduce recidivism among adolescents involved in the juvenile justice system: Cognitive-Behavioral Therapy (CBT), Functional Family Therapy (FFT), and Multisystemic Therapy (MST). The systematic review analyzes findings from prior studies evaluating the impact of CBT, FFT, and MST on recidivism among adjudicated youth. The sample includes 23 peer-reviewed studies that utilized samples of adjudicated youth in the United States and were published after 2010. Findings revealed CBT as the most …

Anglo-Saxon Res Judicata Culture For Civil Law Systems, Cesare Cavallini

Northwestern Journal of International Law & Business

One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. …

Editorial Foreword Ijsls Volume 3 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition of the journal presents three articles on environmental issues. The first article examines the impact of tourism policies in the Komodo National Park on the indigenous peoples who inhabit the region. The second article analyses the efforts of Jakarta residents to access justice for clean water, while the third article considers the water conservation efforts that have resulted in land conflicts in Manggarai, Nusa Tenggara. The remaining two articles address women's issues, specifically the representation of women in parliament and the phenomenon of electronic-based sexual violence.

The Lived Experience Of African American Women Leaders In Georgia Law Enforcement: Advances, Barriers, And Impact On Performance, Juantisa X. Hughes

Antioch University Dissertations & Theses

Law enforcement is a male-dominated field that has been slow to accept and promote African American women to positions of authority. As of 2016, there were only 3.1% Lieutenants and Sergeants, along with 1.6% Captains or higher that were African American women in the United States (Gomez, 2016). More recently, there has not been much change, as women are reportedly only 12% of the sworn officers and 3% of law enforcement leadership in the United States (Tumulty, 2023). Of that number, only 1% of African American women hold the position of Lieutenant or higher (Bureau of Alcohol, Tobacco, Firearms and …

States, Firms, And Their Legal Fictions: Attributing Identity And Responsibility To Artificial Entities, Melissa (M.J.) Durkee

Scholarship@WashULaw

This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that …

The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman

Scholarship@WashULaw

In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.

With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …

Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

Limitations Of The “Four-Fifths Rule” And Statistical Parity Tests For Measuring Fairness, Pauline Kim, Manish Raghavan

Scholarship@WashULaw

To ensure the fairness of algorithmic decision systems, such as employment selection tools, computer scientists and practitioners often refer to the so-called “four-fifths rule” as a measure of a tool’s compliance with anti-discrimination law. This reliance is problematic because the “rule” is in fact not a legal rule for establishing discrimination, and it offers a crude test that will often be over- and under-inclusive in identifying practices that warrant further scrutiny. The “four-fifths rule” is one of a broader class of statistical tests, which we call Statistical Parity Tests (SPTs), that compare selection rates across demographic groups. While some SPTs …

Private Sector Participants In International Rulemaking: Governance Models, Melissa (M.J.) Durkee

Scholarship@WashULaw

International organizations seeking to develop a principled approach to stakeholder participation in rulemaking processes should consider for-profit stakeholders, which can be influential participants. This chapter evaluates potential governance models for their effectiveness in facilitating the benefits and restraining the harms of for-profit influence in rulemaking processes, recommending a balanced approach. A successful governance model should also acknowledge that for-profit stakeholders can use a variety of channels to communicate their input, including individual business entities, trade and industry associations, other non-governmental groups, academics and think tanks, and domestic officials. Because of these sometimes invisible links between for-profit actors and other kinds …

Against Engagement, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

In this Article, we focus on a key dimension of commercial surveillance by data-intensive digital platforms that is too often treated as a supporting cast member instead of a star of the show: the concept of engagement. Engagement is, simply put, a measure of time, attention, and other interactions with a service. The economic logic of engagement is simple: more engagement equals more ads watched equals more revenue. Engagement is a lucrative digital business model, but it is problematic in several ways that lurk beneath the happy sloganeering of a “free” internet.

Our goal in this Article is to isolate …

Legitimacy And The Major Questions Doctrine, Ronald M. Levin

Scholarship@WashULaw

Questions about the legitimacy of recent Supreme Court decisions are occupying an increasingly prominent place in public law discourse. Last February, a widely discussed feature in the New York Times quoted several well-known law professors' laments that multiple decision by the newly empowered conservative majority of the Court have departed so far from accepted constitutional premises that the professor could not figure out how to teach them to their students

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With due respect to the Chief Justice, I will explain here why the MQD is itself among the few legal developments that I would describe as giving rise to …