Legal Studies Commons^™

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 …

More Amazon Than Mafia: Analysing A Ddos Stresser Service As Organised Cybercrime, Roberto Musotto, David S. Wall

Research outputs 2014 to 2021

© 2020, The Author(s). The internet mafia trope has shaped our knowledge about organised crime groups online, yet the evidence is largely speculative and the logic often flawed. This paper adds to current knowledge by exploring the development, operation and demise of an online criminal group as a case study. In this article we analyse a DDoS (Distributed Denial of Service) stresser (also known as booter) which sells its services online to enable offenders to launch attacks. Using Social Network Analysis to explore the service operations and payment systems, our findings show a central business model that is similar to …

Divest Or Disband?: A Social Problems Game Analysis Of Canadian Media Coverage Of 2020'S Defund The Police Movement, Nicholas Fappiano

Theses and Dissertations (Comprehensive)

Policing in Canada and America has come under the microscope due to several high-profile incidents of police violence against racialized citizens. The murder of George Floyd by officer Derek Chauvin thrust the concept of ‘defund the police’ to the mainstream public dialogue. To date, there are few studies that explore what defund the police means. The present media analysis addresses this research gap by analyzing how Canadian mass media covered the defund police movement. A social constructionist theoretical framework was utilized to analyze 109 newspaper articles on defund the police from The Toronto Star and The Globe and Mail. The …

American Surrogacy: Babies For Sale?, Madison Edwards

Honors Projects

More surrogacy contracts are fulfilled in the United States than in any other country (Bromfield, 2016, p. 193). In 2014, there were approximately 2,000 surrogacy arrangements in the U.S., yet the market is totally unregulated (Shellnutt and Grizzle, 2018, p. 31). Given that 1 in 6 American couples face infertility, there will continue to be a demand for alternative and assisted reproductive options (Shellnutt and Grizzle, 2018, p. 34). This paper seeks to explore several areas of surrogacy, including contract enforcement, potential problems parties in surrogacy agreements face, current legislation, the role of religion in surrogacy, and specific case studies. …

Evaluating A Test For Shedding Propensity Using Tape Lifts From Different Skin Locations, Xiao M. Chen

Student Theses

The shedding propensity of a person can assist data interpretation in casework when assessing the possibility of passive transfer for DNA analysis. Past studies on shedding propensity evaluated palmar skin (washed and unwashed) deposits. This study compared different skin locations with respect to shedding propensity, and explored the potential of tape-lifts as a skin surface collection method. Eight different skin types and samples were collected with adhesive tape disks from 28 participants over three non-consecutive days; the washed and unwashed fingers from both hands, toe, and arm, neck below ear, and nape. Samples were extracted, quantified, amplified, genotyped, and evaluated …

Reproducibility Of Individual Dna Deposits Detected Through Cellular Fluorescence, Natalee Small-Davidson

Student Theses

Contact traces are an important part of DNA casework, but the probative value of any identified associations depends on the possibility of passive transfer. There is known individual variation in DNA left behind during contact, this DNA shedding propensity has an effect on whose DNA is detected. This study evaluated this variability using a cell staining approach. Volunteers were asked to deposit a fingerprint on a clean glass slide, then wash their hands and deposit a second fingerprint after a 30-minute wait without touching anything. Three sets of samples were collected over three consecutive weeks. Fingerprints were stained with a …

Sexual Violence In Prisons: Inmate Subculture And Demographics Of Fear, Mackenzie Leroux

Arts & Sciences Undergraduate Showcase

Prison sexual violence has been a prominent issue since the establishment of correctional facilities. However, the issue was dismissed due to the stigmatization of the inmate population. As a result, there were no documented policies, statutes, or laws that prohibited prison rape or imposed sanctions upon offenders. The attention towards inmates rights, specifically regarding sexual assault, began to be addressed in the media in the 1990s. Through past offender stories, legal cases, and an overall sense of awareness, the Prison Rape Elimination Act was established in 2003. This act outlawed any sexual relationships between either inmates, or inmates and correctional …

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

No abstract provided.

Safe At Home?, Mary Steffenhagen

Capstones

Homeschooling is rising in America at an unprecedented rate. This investigative story package examines some of the regulatory bounds of the practice, challenges it poses to child welfare interests, and how those issues impact the everyday lives of children being homeschooled. It was produced in Andy Lehren’s investigative reporting class, with an audio component produced in Narrative Podcast. You can read and listen to it at www.marysteffenhagen.com/capstone (password protected).

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

• Internship Showcase

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

• Internship Showcase

The Understanding Of Digital And Multimedia Evidence (Dme) By Attorneys And Digital Forensic Examiners (Dfe) Within The United States Criminal Justice System, Joseph Levi White

Dissertations

One goal of this research was to determine potential themes that may influence the understanding of Digital and Multimedia Evidence (DME) by attorneys and Digital Forensic Examiners (DFE) within the United States Criminal Justice System. Qualitative semi-structured interviews were conducted to gather information from experienced criminal attorneys and DFEs regarding potential influences on their understanding of DME. The results of these interviews were transcribed, and the data coded to allow for qualitative analysis. Five themes were developed from this data and are thought to play a role in understanding of DME by attorneys and DFEs: motivation for involvement in the …

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.

Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …

Implicit Bias: Racism Without Racist, Genesis Draper

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Implicit bias is something that everyone has but many cannot identify within themselves. Judge Draper draws on caselaw, research, and anecdotes from her own career to demonstrate the ways that implicit bias can impede equitable and just court experiences for all. She argues for the importance of more diverse juries, implicit bias instruction early in the proceedings, and the use of Batson as remedies to counteract bias.

Investigating Officer Involved Shootings: Don’T Ignore The Evidence, Michael Maloney

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation sheds light on a part of officer involved shootings not always discussed at a legal symposium: the potential bias that emerges at a crime scene during an investigation. The speaker explores the evidentiary challenges associated with an officer involved shooting, and describes the reconstruction project that he led as a consultant during the investigation and trial of off-duty police officer Amber Guyger, who was convicted of the murder of Botham Jean.

Does Human Rights Derogation Limit Covid-19 Infections?, Brian K. Gran, Reema Sen

Biennial Conference: The Social Practice of Human Rights

The purpose of this project is to model and understand socio-legal responses to the spread of COVID-19—in particular, emergency measures that derogate from states’ human rights commitments. Derogation of human rights in response to COVID-19 is unprecedented, according to some experts (Scheinin 2020). This project investigates whether combinations of conditions, such as moderate human rights derogation in combination with strong health infrastructures, reduce degrees of virus transmission and promote prevention. Its preliminary findings indicate that suspension of some rights appears crucial to limiting COVID-19 infections, but suspension of many rights has limited impacts, raising questions for practices of human rights …

Using Multiple Mendelian Randomization Approaches And Genetic Correlations To Understand Obesity, Urate, And Gout, Charleen D. Adams, Brian B. Boutwell

Faculty and Student Publications

Observational studies suggest relationships between obesity, urate, and gout but are possibly confounded. We assessed whether genetically determined obesity, higher urate (and related traits), and gout were causal using multiple Mendelian randomization (MR) approaches and linkage disequilibrium score regression for genetic correlations (rg). For data, we used genome-wide association study summary statistics available through MR-Base. We observed that obesity increased urate (beta = 0.127; 95% CI = 0.098, 0.157; P-value = 1.2E−17; rg = 0.25 [P-value = 0.001]) and triglycerides (beta = 0.082; 95% CI = 0.065, 0.099; P-value = 1.2E−21; rg = 0.23 [P-value = 8.8E−12]) and decreased high-density …