Legal Studies Commons^™

Women’S Pathways Into Prison: Cycles Of Harm, Hilde Tubex, Natalie Gately

Research outputs 2022 to 2026

Women are a minority of the prison population, however their number is increasing at a faster rate than is the case for men. Interviews with 80 incarcerated women in Western Australian prisons revealed similar pathways commencing with adverse childhood experiences and subsequent areas of deprivation, which reverberated throughout their lives, leading to criminal behavior and imprisonment. Describing these cycles of harm, we argue that, in addressing the increase of women in prison, there is a need to move away from the individual “offender-focused” approach and look at the broader systemic context that lets women down and contributes to their criminalization.

New Insights On Expert Opinion About Eyewitness Memory Research, Travis M. Seale-Carlisle, Adele Quigley-Mcbride, Jennifer E. F. Teitcher, William E. Crozier, Chad S. Dodson, Brandon L. Garrett

Faculty Scholarship

Experimental psychologists investigating eyewitness memory have periodically gathered their thoughts on a variety of eyewitness memory phenomena. Courts and other stakeholders of eyewitness research rely on the expert opinions reflected in these surveys to make informed decisions. However, the last survey of this sort was published more than 20 years ago, and the science of eyewitness memory has developed since that time. Stakeholders need a current database of expert opinions to make informed decisions. In this article, we provide that update. We surveyed 76 scientists for their opinions on eyewitness memory phenomena. We compared these current expert opinions to expert …

It’S Not Too Late For States Parties To Fulfill The Promise Of The International Criminal Court: Three Actions They Should Take Now, Leila Nadya Sadat

Scholarship@WashULaw

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created …

Brief In Support Of Respondents As Amici Curiae, Donald J. Trump, President Of The United States, Et Al. V. Rebecca Kelly Slaughter, Et. Al, No. 25-332, Andrea Scoseria Katz, Jonathan Gienapp

Scholarship@WashULaw

In the years since this Court’s decision in Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197 (2020), legal historians—including originalists—have unearthed a rich body of evidence challenging the conventional wisdom concerning the scope of the President’s removal powers at the Founding. Revisiting not only the Framers’ intellectual influences, but also their driving philosophical concerns and political incentives, this scholarship explains that removal authority was not understood to be vested exclusively in the President as a matter of settled constitutional law, but rather was permissibly exercised by various actors in various ways, intentionally not settled by the …

Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners

Scholarship@WashULaw

Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.

This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …

Reflections On Translating Law And Economic Models For Lawyers And Law Professors, Scott Baker

Scholarship@WashULaw

Written as part of a keynote address for the 20th Annual Asian Law and Economics Conference, these remarks reflect on the way lawyers, judges, and law professors without economic training view and use law and economic models. After revisiting notably successes of classic results from the tort model – results that have penetrated the legal profession – it turns to the translation of more recent models of lawyer argumentation and precedent. Throughout, the point is to demonstrate how model insights can be used to help argue cases and distinguish precedent.

Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton

Scholarship@WashULaw

Borrowing a quotation from Justice Jackson’s influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book “What Shall Be Orthodox” in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …

A Liberty-Balancing Approach To Crime, Sheldon Evans

Scholarship@WashULaw

At its core, the criminal legal system is an ecosystem of institutions that seek to balance liberty interests. The insightful theories and complex practices of crime policy coalesce around questions on how crime impacts the liberties of individuals and communities to be safe, and how this correlates with the deprivation of liberty from offenders through our punishment system. But modern criminal policy, most often associated with the problems of overcriminalization and mass incarceration, has wholly abandoned any such delicate and nuanced balancing. Instead, the system thrives on sacrificing the liberties of offenders in a perverse and ineffective regime that leads …

Auditing Criminal Justice Minimalism, Trevor George Gardner

Scholarship@WashULaw

If criminal justice minimalism is a shared principle among criminal law scholars, it can help to clarify the quality of our disagreements. Every normative proposal in the criminal legal literature can be held to the minimalist standard—audited, so to speak, to account for the policy author’s minimalist claims. To this end, this Essay proposes a four-step framework by which to evaluate adherence to the minimalist principle, where each step serves as a hub for pointed scholarly debate regarding the path to minimalist criminal justice.

An Anthology Of Interference In Law School Clinics, Peter A. Joy, Robert R. Kuehn

Scholarship@WashULaw

An Anthology of Interference in Law School Clinics explores interference in law school clinics in the United States, addressing its long history and the legal ethics, academic freedom, and First Amendment responses to that interference. Law clinics have faced interference in their representation of clients from elected officials, business groups, alumni and, at times, even their own school administrators. This interference has targeted clinics for providing individuals and nongovernmental organizations with legal representation on important matters, including racial and gender discrimination, environmental issues, prisoner rights litigation, death penalty cases, and immigration and human rights matters. In each instance, the interference …

The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin

Scholarship@WashULaw

Because private companies now control the most prominent communication platforms, the most pressing question in the field of content moderation is how to ensure that the governance of public discourse responds to public values. The prevailing approach, given that the state cannot regulate speech directly, is that state regulation can be substituted with audited self-regulation, broad stakeholder participation, and negotiated rulemaking. In this model, which this article refers to as the “new governance model for content moderation,” companies include advocates as representatives of the public in their processes to govern online speech. Ideally, they negotiate policy goals and share responsibility …

Algorithmic Governance And Nondiscrimination Rights In The Workplace, Pauline Kim

Scholarship@WashULaw

This chapter analyzes existing legal responses to the problem of discriminatory algorithms in the workplace. As firms increasingly rely on algorithms or automated decision systems, a type of artificial intelligence, to manage their workforces, concerns have grown that these tools can systematically exclude historically disadvantaged groups. One response is to rely on traditional anti-discrimination law. These laws clearly prohibit certain forms of algorithmic discrimination; however, the complex, opaque nature of algorithms makes identifying and proving discriminatory harms challenging. Another response looks to broader frameworks of data protection and algorithmic regulation to protect against workplace discrimination. These initiatives are promising, but …

Venturing Into Health, Rachel Sachs

Scholarship@WashULaw

In recent years, the landscape of venture capital (VC) investment in healthcare technologies has been altered by the introduction of new types of VC firms: those that have emerged from hospital systems and health insurers. However, the legal literature has not yet analyzed these new VC firms, the role they may play in healthcare innovation, and how innovation law and policy ought to consider their involvement. Hospital system and health insurer VC firms operate very differently than do traditional VC firms, even those that have historically developed healthcare specializations. Instead of simply investing capital into start-up firms, hospital system and …

A New Framework For Drug Pricing Law And Policy, Rachel Sachs

Scholarship@WashULaw

Scholars and policymakers have expressed concern about the impact of high prescription drug costs on patients and healthcare budgets. This Article presents a new theoretical framework for evaluating both the problem to be addressed by drug pricing reforms as well as the efficacy of potential solutions. In seeking to solve “the drug pricing problem,” our legal system has given primacy to competition rather than regulation to drive down drug prices. This Article disaggregates the broader concept of “the drug pricing problem” into four steps, each of which must be addressed and each of which elevates different institutional actors to key …

“People [Are] Not Dying Because Officers Aren't Following Their Training. ‘It's Because They Are.”: The Construction Of Police De-Escalation Of Individuals In Mental Health Crises In Canadian Media, Renée Haddock

Theses and Dissertations (Comprehensive)

Police are often assumed to be the "de facto" response to people in mental health crises. Contact between police and Canadians with mental illness and in crisis is routine and on the rise (Livingston, 2016). Police responses to these incidences have been criticized after several, highly publicized and tragic encounters between police and people in mental health crisis and the overrepresentation of people of colour in these instances. Media outlets determine which stories are prioritized, how they are framed, and which information to include or omit (Fawzi, 2018). Notably, public knowledge of police activities greatly impacts community perceptions of police …

Constructions Of Serial Killers And Victims: Analysis Of True Crime Docuseries, Mira Dhaliwal

Theses and Dissertations (Comprehensive)

Stories of crime have consistently captured the attention of the public, with stories of heists, kidnappings and murder. The true crime genre receives enormous attention and serves for many as the primary source of crime knowledge, including who commits crime, how they commit crime and how law enforcement responds. Books and podcasts have been interrogated by researchers to understand the nature of the content but missing are the true crime documentaries and docuseries that have dominated streaming platforms in North America. The present study examined three true crime series about serial killers using social constructionism and social problems theory, and …

Special-Purpose Governments, Conor Clarke, Henry Hansmann

Scholarship@WashULaw

When one thinks of government, what comes to mind are familiar general-purpose entities like states, counties, and cities. But more than half of the 90,000 governments in the United States are strikingly different: They are “special-purpose” governments that do one thing, such as supply water, fight fire, or pick up the trash. These entities have expanded far more rapidly than any other form of government. Yet they remain understudied, and they present at least two puzzles. First, special-purpose governments are difficult to distinguish from entities that are typically regarded as business organizations—such as consumer cooperatives—and thus underscore the nebulous border …

Assessment Of Analytical Workflows Of Gunshot Residue Evidence And Strategies For Implementation Of Advanced Technology In Crime Laboratories., Leah D. Thomas

Graduate Theses, Dissertations, and Problem Reports (ETD)

The rise in gun violence in the United States has increased the demand on forensic agencies to process evidence promptly and accurately. The exchange of imperceptible traces among objects, suspects, and victims can provide critical insights into the interactions and sequence of events during a crime. Gunshot residue (GSR) is a type of trace evidence that holds significant investigative value in shooting reconstructions. GSR can help identify potential shooters, intermediate targets, and bullet trajectories; however, its analysis is often expensive and time-consuming. Consequently, there is an urgent need for more effective solutions.

Methods for on-site screening can significantly streamline forensic …

Police Abuse In America And The Search For Remedy, Howard Ryan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The dissertation contends that, despite many diligent efforts—from mass protests to a presidential task force—America is not yet on path to remedying its outsized patterns of police abuse. The abuse problem is broadly characterized herein through a “triad” of over-enforcement, excessive force, and racial discrimination. The Washington Post’s “Fatal Force” database, covering the years 2015 through 2024, is offered as a bellwether of American progress in addressing its police abuse; and, it is observed, the nation’s yearly count of fatal police shootings of civilians has been increasing, rather than decreasing.

To help make sense of our lack of national progress, …

Repeatability And Reproducibility Of Minutiae Mark-Up, Lyrek Lockley

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study investigated the repeatability and reproducibility of minutiae mark-up. The use of fingerprints as a mode of identification has been around for thousands of years with contributions from figures like Sir William Hershel, Thomas Taylor, Henry Faulds, Sir Francis Galton and many more. Latent fingerprint impressions can be deposited by the perpetrator of a crime on a variety of surfaces at a crime scene. Many times, fingerprints are the most widely recovered and used evidence from a crime scene. Once fingerprints are collected, they go through the analysis, comparison, evaluation, and verification (ACE-V) process. This study will focus on …

Analysis Of Shotshell Breech Face Impressions Using A Computer-Based Algorithm, Carly Renee Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forensic firearm analysis involves the comparison of test fires from a suspect firearm to an unknown sample, typically collected from a crime scene. Test fires and the unknown sample are examined for agreement in class characteristics and sufficient agreement in individual characteristics using a comparison microscope. The forensic analysis of firearms has been challenged both in court and by governmental organizations for its subjective nature and the inability to accurately report error rates.

To combat these challenges, the National Institute of Standards and Technology (NIST) has proposed using computer-based algorithms, such as Congruent Matching Cells (CMC). These CMC algorithm calculates …

Complex Lives And Procedural Barriers: Detainees’ “Life Happens” Explanations For Breaching Orders, Natalie Gately, Suzanne Rock, James L. Finney, Cate Parry

Research outputs 2022 to 2026

The Australian bail system routinely permits most individuals accused of a crime to remain in the community while awaiting a court date under a range of conditions. However, statistics have indicated that a high number of bailees breach the orders placed on them, increasing police and court interactions, and resulting in additional charges. This project utilised the Drug Use Monitoring in Australia – Western Australia (DUMA-WA) collection to survey 230 police detainees about their orders and reasons for breaching recent orders. The results indicated that most understood their orders but disclosed a range of complexities which interfered with compliance. Qualitative …

The Influence Of Honor Culture Ideology On Juror Decision Making, Aubrey K. Paschal

Dissertations and Theses @ UNI

Culture of honor is a system of cultural beliefs in which one’s honor is seen to be of the utmost importance (Nisbett & Cohen, 1996). Due to the importance of personal honor, defending one's honor could be seen as an adequate defense for crimes committed in the name of personal honor. This study examined the influence that honor culture ideology has on juror decision making. A total of 190 participants read a brief trial summary of either a crime in which the participants’ honor was threatened, or a crime that did not involve a threat to the defendant’s honor. The …

From ‘Raise The Age’ To ‘Raise The Awareness’: How Knowledge Affects Public Opinion Of The Minimum Age Of Criminal Responsibility In Western Australia, Suzanne Rock, Natalie Gately, Piero Moraro, James L. Finney

Research outputs 2022 to 2026

The minimum age of criminal responsibility (MACR) in Western Australia is 10 years old. While the negative impacts of early contact with justice systems have been well-documented and have resulted in calls to raise the age, research had not examined the public views of MACR in Western Australia. This article presents a novel examination of the knowledge and perceptions of the MACR with a sample of the West Australian public (n = 69). Findings from the semi-structured interviews revealed low levels of knowledge about the MACR, some reacted with surprise when provided with the information. Participants’ views shifted in that …

Where's The Second Chance? Compounded Stigma And Other Factors Impacting Ex-Prisoner Employment, Eileen Baldry, Joe Graffam, Lesley Hardcastle, Simone Rowe, Leanne Dowse, Margaret Giles, Jane Mcgillivray

Research outputs 2022 to 2026

Ex-prisoners with meaningful employment are less likely to return to prison; however, ex-prisoners have the highest unemployment rates of any marginalised group. This article draws on the voices of former prisoners who are seeking employment through government-funded employment agencies in Australia and staff working in these agencies. Revealed themes of employment service providers’ practices, employer attitudes, navigating stigma, ongoing surveillance, and advocacy and support were analysed in the context of theories of integration, resisting re-offending (desistance), discrimination, and stigma. We unpack the way different forms of stigma and discrimination lock marginalised groups of criminalised people into unemployment.

An Overview Of Nagpra And The 2024 Revisions, Emily V. Owens-Barber

Graduate Student Theses, Dissertations, & Professional Papers

Section 11 of the National Museum of the American Indian Act (NMAIA) was added to public law in 1989. This required the Smithsonian Museum to repatriate any human remains or funerary objects associated with Native American Ancestry back to their tribes. In 1990, The Native American Graves Protection and Repatriation Act (NAGPRA) was added to federal legislation expanding on this section and requiring that every federally funded institution in the United States that held Native American Remains or funerary objects in their collection must follow this regulation to continue to receive federal funding. Nearly 33 years later in the autumn …