Incomplete Contracts And Future Data Usage, Jens Frankenreiter, Talia B. Gillis, Dan Svirsky

Scholarship@WashULaw

Most major jurisdictions require websites to provide customers with privacy policies. For consumers, a privacy policy's most important function is to provide them with a description of the online service provider's current privacy practices. We argue that these policies also serve a second, often-overlooked function: they allocate residual data usage rights to online services or consumers, including the power to decide whether a service can modify its privacy practices and use consumer data in novel ways. We further argue that a central feature of the E.U.'s General Data Protection Regulation (GDPR), one of the most comprehensive and far-reaching privacy regulatory …

Natural Language Processing In Legal Tech, Jens Frankenreiter, Julian Nyarko

Scholarship@WashULaw

Natural language processing techniques promise to automate an activity that lies at the core of many tasks performed by lawyers, namely the extraction and processing of information from unstructured text. The relevant methods are thought to be a key ingredient for both current and future legal tech applications. This chapter provides a non-technical overview of the current state of NLP techniques, focusing on their promise and potential pitfalls in the context of legal tech applications. It argues that, while NLP-powered legal tech can be expected to outperform humans in specific categories of tasks that play to the strengths of current …

Moore: The Overlooked Excise Power, Conor Clarke

Scholarship@WashULaw

Moore v. United States, a constitutional challenge to the mandatory repatriation tax in the Tax Cuts and Jobs Act, has been litigated almost entirely as a case about the scope of the Sixteenth Amendment. I present an alternative theory: The repatriation tax doesn’t need to flow from the Sixteenth Amendment power to tax “incomes,” because it flows from Congress’s Article I power to lay and collect “excises.” The Supreme Court has long upheld Congress’s power to tax business earnings and activities as a valid exercise of the excise power, and the mandatory repatriation tax fits within that framework. The repatriation …

Conferred Jurisdiction And The Icc’S Putin And Lvova-Belova Warrants, Leila Nadya Sadat

Scholarship@WashULaw

The International Criminal Court (ICC)’s arrest warrants against Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Lvova-Belova, accusing them of war crimes allegedly involving the unlawful transfer and deportation of Ukrainian children, have generated extensive discussion, including on Just Security. Are the warrants lawful even though one accused is a sitting head of State, and both are nationals of the Russian Federation, which is not a party to the Rome Statute, and has not consented to the ICC’s jurisdiction? Russia has objected to them, a controversial opinion by an Advisory Committee of Dutch scholars has argued that …

Security Investigations: A Professional's Guide, Alan Saquella, Larry Nicholson

Publications

From the forward:

"Security Investigations A Professional’s Guide has been expertly crafted to equip both novices and experienced investigators with the essential knowledge and skill to excel in the field of investigations. Whether aiming for a career in law enforcement, private investigations, corporate security, or you are simply interested in unraveling mysteries, this book will serve as your ultimate companion on the journey to becoming a proficient investigator."

Chapters 1 and 2 are presented here.

Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker

Articles

Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.

Essays On The Economics Of Law And Crime, Zachary J. Porreca

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first chapter examines the connection between gentrification and urban violence. I demonstrate a positive and plausibly causal relationship between urban redevelopment and gun violence in Philadelphia. As the underlying mechanism, I focus on gentrification's displacement effect on local drug markets. Treating the city as a spatial network of city blocks and using two-way fixed effects differences-in-differences estimators, I show the gentrification of one block increases violence across the surrounding neighborhood. I find that some 2,400 (8%) of Philadelphia's shootings between the years 2011 and 2020 can be attributed to spillover effects from the gentrification of drug blocks. This effect …

Development Of A Mass Transfer Correction Factor In A Thermodynamic Model To Explain The Weathering Patterns Of Ignitable Liquids On Household Substrates At Elevated Temperatures, Max T. Denn

Graduate Theses, Dissertations, and Problem Reports (ETD)

To determine whether a questioned fire is the result of arson or not, forensic chemists will often attempt to extract and identify any ignitable liquid residues present in the fire debris. Forensic chemists use gas chromatography-mass spectrometry (GC-MS) to identify ignitable liquids based on similarities between chromatograms of fire debris extracts and those of reference ignitable liquids that have been evaporated (weathered) to different extents. Casework samples often appear to be relatively unweathered (e.g., 40-60%) and conventional wisdom is that the apparent lack of weathering is the result of entrapment; a process by which liquid residues are absorbed into the …

Evaluation Of Emerging Screening Technologies For The On-Site Detection And Identification Of Methamphetamine And Its Precursors In Simulated Clandestine Lab Operations, Alexis Nicole Wilcox

Graduate Theses, Dissertations, and Problem Reports (ETD)

Stimulant drugs comprise one of the top drug categories abused in the United States. Due to its accessibility, low price, and manufacturing simplicity, methamphetamine is frequently placed within the top 10 seized drugs in the country. As of March 2023, methamphetamine is the most seized controlled substance in the United States, with 34,291 kg. In 2022, the United States seized over 79,000 kg of methamphetamine. One reason for the proliferation of methamphetamine is related to the production itself, which does not require large warehouses but can be manufactured in houses using relatively accessible materials and small containers. When a clandestine …

Evaluating The Degradation Relationship Between Latent Print Impressions And Touch Dna Under Varying Environmental Conditions, Katrina M. Rupert B.S.

Graduate Theses, Dissertations, and Problem Reports (ETD)

Latent prints have been processed as a source of touch DNA evidence in the hopes of attaining partial or even full DNA profiles. However, the relationship between the latent quality and the DNA quality has not yet been fully explored, resulting in gaps in understanding how the two are connected. A common source of touch DNA is from latent print evidence, which is typically processed and photographed at a scene, and subsequently processed for DNA in the laboratory. However, there is skepticism in the forensic community around touch DNA as laboratory procedures are often manipulated beyond standard operating procedures to …

Strengthening The Interpretation Of Glass And Paint Evidence Through The Study Of Random Frequency Of Occurrence And Analytical Information, Lauryn C. Alexander

Graduate Theses, Dissertations, and Problem Reports (ETD)

Glass and paint particles are frequently discovered at crime scenes as valuable trace evidence. Often, these fragments are transferred from a crime scene to a victim or person-of-interest, and can subsequently be evaluated, analyzed, and classified according to their physical and optical measurements, and chemical properties, each of which can provide important information to the analyst to assist in the determining if a recovered particle is distinguishable or indistinguishable from a known source. Moreover, these minute materials can provide information about how the events took place, leading to the reconstruction of crime scenes and the identification of valuable clues for …

An Assessment Of The Forensic Aspects Of Genetic Genealogy, Sarah Hester

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forensic genetic genealogy has grown in both popularity and controversy in recent years. The genetic information comes from large numbers of single nucleotide polymorphism (SNP) markers. Polymorphism variations can be traced through familial lineage, determining how closely individuals are related to each other based on the similarities and differences in SNPs within their DNA. Polymorphisms account for approximately 85% of human variation. Genealogy and ancestry determination companies trace the lineage of a person back through multiple generations using polymorphisms. As more individuals submit their DNA for analysis the genealogical profile databases continue to grow in size. Law enforcement uses genealogical …

Analysis Of Fiber Uv Degradation Through An Environmental Chamber, Davis A. Eames

Undergraduate Research Posters

Environmentally degraded fibers could impact multiple aspects of a fiber comparison, considering that collected weathered fabrics/fibers may express an altered chemical structure and/or colorimetric property compared to their unexposed counterparts. Depending on the amount of degradation the evidence has suffered, it could be challenging for forensic scientists to make conclusions from their comparative analyses. Observations presented in this study were orchestrated to test the possible outcomes that sunlight has on fabric-based materials. Photodegradation of fabrics was investigated through the use of an environmental chamber for a duration of six weeks, which would be equivalent to three months of real-world UV …

Assessing Arrest & Traffic Stop Patterns In Portland, Me, Jack Mcdevitt Ph.D., George Shaler Mph, Sarah Krichels Goan Mpp, Stephen Abeyta, Carlos Cuevas Phd

Justice Policy

This project examined the available arrest and traffic citation data from Portland Police Department to determine if there is any evidence of disproportionate enforcement activities in the city.

The Impact Of The Covid-19 Pandemic On Risk Factors For Fatal Intimate Partner Violence And Domestic Violence Services Provided, Faith E. Alves

Honors Theses

The current study assessed the COVID-19 pandemic-related changes in risk factors for fatal intimate partner violence (IPV) among female victims. It additionally analyzed IPV services received before and during the pandemic. Data came from a system that most domestic violence (DV) agencies in Connecticut utilize to record their contacts with their clients, including an initial screening through a police-social service intervention. Results indicated that unemployment of the partner was significantly higher in the during-COVID group. Additionally, the delivery of criminal justice services was significantly higher in the pre-COVID group whereas delivery of law enforcement services was significantly higher in the …

Examining The Impact Of The Covid-19 Pandemic On Violent Crime In The City Of Pittsburgh, Brittany Urban

Electronic Theses and Dissertations

The goal of this research is to examine patterns of Part I crimes [including Part I Person/Violent: Homicide, Rape, Aggravated Assault, and Robbery, and Part I Property: Burglary, Larceny-Theft, Motor Vehicle Theft, and Arson, as defined by the Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Standards] in The City of Pittsburgh, framing the COVID-19 pandemic as a major stressor that Robert Agnew’s General Strain Theory suggests may lead to increased opportunity for crime, due to the perceived unjustness of the associated lockdown orders and potential incentive for criminal coping (Agnew 1992). This descriptive analysis is based primarily upon …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

Editorial, Kevin Buckler

Qualitative Criminology (QC)

"

Editor Introduction to Volume 11, Issue 4

This issue of the Journal contains four articles and two book reviews. Each of the four articles focuses in some way on crime, criminal justice, and space. "

Getting Jumped In Vacationland: The Complicated Rhetoric And Realities Of Assault In A Small Town, Andrew Burns, Kat Albrecht

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

“I Know A Guy”: Examining Homeless Income Generation And Spatial Mobility, Daniel J. Reinhard, Ted Palys

Qualitative Criminology (QC)

"This study explores the variety of income-generating activities, along with corresponding distances that homeless and marginally housed persons travel to engage in the activities. Altogether 24 individuals were interviewed, and ethnographic field observations occurred over several months to increase rapport. The qualitatively gathered data were used in ArcGIS to calculate travel distances. These income-generating activities that persons engaged in were commonly forms of shadow work, and many kinds of income-generating activities were found. Among our sample, there appeared to be two distinct groups: those with more income methods and further travels, and those with fewer methods and shorter travels. The …

Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz

Qualitative Criminology (QC)

"Although qualitative methodology courses in criminology make it possible to gain theoretical and practical training in the collection, analysis and interpretation of data gathered using qualitative tools, these more rarely help address more targeted questions and concerns. Without making any claim to offer definitive solutions beyond the status of “tip,” this article attempts to tackle “things they don't really teach you how to handle in your qualitative methodology class,” concerning research in a carceral environment. By characterising carceral space as an opaque, all-encompassing environment pervaded by spatiotemporal constraints, it describes strategies that can be implemented in the face of organisational, …

Quicker, J. C., Batani-Khalfani, A. S., Before Crips: Fussin’, Cussin’, And Discussin’ Among South Los Angeles Juvenile Gangs., Shilpashri Karbhari

Qualitative Criminology (QC)

"Before Crips: Fussin’, Cussin’, and Discussin’ Among South Los Angeles Juvenile Gangs delves into a criminological discussion of juvenile gangs in South Los Angeles. Authors John C. Quicker and Akil S. Batani-Khalfani, deconstruct the term “juvenile gangs” and instead recommend using “street groups.” Chapters one through nine provide a historical timeline of the various pre-Crip-and-Blood gangs in South Central Los Angeles, past and present theoretical approaches, and the origins of the Slausons, one of the established early gangs in South Los Angeles. The book features a visual description of the various clubs, street groups, and gangs that were visible …

Decker, S. H., Pyroox, D. C., & Densley, J. A., On Gangs, Charles Cunha

Qualitative Criminology (QC)

"The authors of the book, On Gangs, are well-known criminologists specializing in criminology and gangs. Scott H. Decker is a Foundation Professor Emeritus of Criminology and Criminal Justice at Arizona State University. David C. Pyrooz is an Associate Professor of Sociology at the University of Colorado Boulder. James A. Densley is a Professor and Department Chair of Criminal Justice at Metropolitan State University. The authors provided a current compilation of robust knowledge."

An Updated Look At Mental Health Services In American Public And Private Prisons, Lieren E. Tyira

Student Theses

People residing in American prisons have the legal right to mental health care while incarcerated (Justia, 2021). This is important, as the prevalence of mental disorders is high in this population (Prins, 2014), and incarceration is a psychologically damaging experience, which hinders a person’s success at rehabilitation. Numerous of issues related to the mental health services (MHSs) in both public and private prison facilities have been reported in recent years, which warrants systematic exploration. The little existing research comparing the presence of MHSs in these facilities has produced mixed results, it uses out-of-date datasets, and none has explored MHSs in …

“Have You Seen Me?”: Forensic Art For Human Identification, Mckenzie Stommen

Honors Theses

Forensic art for human identification is used to identify victims, suspects, and unidentified decedents. The field is highly interdisciplinary, and forensic artists draw on a broad range of skills, knowledge, and relationships with colleagues to complete this work. This paper will focus mainly on age progression and forensic facial reconstruction, although more applications of forensic art do exist. The case study in forensic art discussed here took the form of an age progression.

New developments in artificial intelligence, facial recognition, computed tomography, and DNA have implications for forensic art, and have already begun to find a place in the field. …

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio

Undergraduate Research Symposium Lightning Talks

Since 2008, the "Marsy's Law" campaign has sought to embed in state constitutions a specific and lengthy set of victims' rights. In 2018, voters ratified "Question 1" in Nevada which broaded the definition of the term victim to any person directly and 'proximately' harmed by a criminal offense. As a result, Marsy's Law opens the door to the interpretation of the word "crime" and the word "victim."

Anti-Human Trafficking Training For Law Enforcement: An Assessment Of Practice In A Southern State, Patricia Ann Southerland

Dissertations

Human trafficking, a crime hidden in plain sight, does not answer to civility or the inherent human rights established within societal norms. While several factors influence this heinous crime, the absence of training and the incorporation of best practices among law enforcement personnel impairs the proper identification of victims, as well as the arrest and prosecution of facilitators, traffickers, and buyers (Clawson, Dutch, & Cummings, 2006; Dandurand, 2017; Darwinkel, Powell, & Tidmarsh, 2013; Davy, 2016; Efrat, 2015; Farrell, 2014; Farrell, McDevitt, Fahy, 2010; Farrell, McDevitt, Pfeffer, Fahy, Owens, Dank, & Adams, 2012; Farrell & Pfeffer, 2014, Grubb & Bennet, 2012; …

Smoke But No Fire: Convicting The Innocent Of Crimes That Never Happened, Autumn Huber

Symposium of Student Scholars

“Smoke but no Fire” published by Jessica Henry provides various discussions of no-crime wrongful convictions of those who are innocent. Throughout this novel, the evaluation of forensic error, police roles, judiciary roles, and misdemeanors bring to light the phantom crimes that occur within our criminal justice system. The criminal justice system brings the injustice of those wrongfully convicted to the eyes of readers worldwide. Part of this research provided throughout her novel includes the National Registry of Exonerations, short for NRE, which assesses evidence of exonerations of those who were innocent and those who remain inside the four walls of …

The Commonalities And Contrasting Features Of English And American Law, Abigail Job

Senior Honors Theses

The English and American legal systems and law are founded under the Common Law System. However, there are staunch differences and similarities that work to define the individual legal features of each nation, such as the law's interpretation, making, and role. This paper aims to analyze the qualities that comprise each legal system and analyze their commonalities and contrasting features. The features that will be analyzed are the Common Law systems, Supreme Court, Judicial system Structure, and Legislative Process. It is imperative when exploring the law of a nation to understand the foundational philosophy, creation, interpretation, and application of the …

Reparations For The Wrongly Convicted, Gillian Trost

Graduate Dissertations and Theses

Wrongly convicted persons should be offered reparations in instances where they have suffered or faced harm as a result of their wrong conviction. Harms can include, but are not limited to, losing physical time, mental health damages, monetary harm, and damages to the person’s reputation. Harms are anything that has diminished a person's quality of life throughout the conviction process and even after exoneration. Failure to offer reparations to these persons is unethical and reparations are a necessary consequence when the judicial system convicts the wrong person. Failure to offer reparations also lessens the judicial system’s accuracy and reliability when …