Legal Studies Commons^™

Not On My Zoning Board: Achieving Mass Transit Development Despite Nimby Pushback, Brian J. Koluch

Pell Scholars and Senior Theses

Within the political discussion on local, state, and federal levels, all politicians seem to agree that U.S. Interstates are a crucial lifeline for many. Conjointly, city planners and scholars understand that we have a logistics issue in cities that can’t seem to handle highway congestion. When prompted with mass transit solutions, some community members protest them for altering the neighborhood in a presumably negative way, leading to the phrase; “Not in my back yard.” Thus, local governing bodies seem paralyzed to take the actions needed to move forward with these implementation strategies. Local governments, in order to circumvent the socially …

Developing Your Research Project: Writing An Annotated Bibliography, Fabiola Ceballos-Durham

Open Educational Resources

Students build the foundation for a criminal justice research project by evaluating and summarizing scholarly articles and websites in an APA-style annotated bibliography.

Lgbtq People's Experiences With Crime, Victimization, And The Criminal Legal System, Vanessa R. Panfil

Sociology & Criminal Justice Faculty Publications

The ebb and flow of social control efforts aimed at LGBTQ people necessitate a thorough investigation into their experiences. This review of the literature is organized around four key themes that characterize LGBTQ people's experiences with crime, criminalization, victimization, and the criminal legal system—including police, courts, and carceral facilities. LGBTQ people experience excessive rates of arrest and incarceration and have higher rates of victimization, which illustrate disproportionality. Their experiences differ from those of their cisgender and heterosexual counterparts and are conditioned by age, race, class, gender, and sexual orientation, illustrating intersectionality. The two primary, interrelated mechanisms driving LGBTQ criminalization and …

[Review Of The Book The Prescription-To-Prison Pipeline: The Medicalization And Criminalization Of Pain, By M. Smirnova], Hayley Jackey

Sociology & Criminal Justice Faculty Publications

[Introduction] Smirnova’s The Prescription-to-Prison Pipeline offers a critical examination of the impacts of prescription drugs as well as the over-policing and policies created to push individuals into the carceral system rather than providing other options for assistance. Smirnova further captures the social inequalities of race and class of those encased in this pipeline. Within this understanding of the detriment that the system, medical providers, and society place on those who use substances, Smirnova’s use of interviews allows for a clear understanding of how these systems work in conjunction to uphold the pipeline.

Design Considerations For Development Of A Youth Advisory Board, Michelle I. Graef, Penny Putnam Collins

Center on Children, Families, and the Law (and Related Organizations): Publications

This guide provides an overview of youth advisory board (YAB) design components. The guide is organized around key design components, with examples from States across the country to illustrate different approaches. A range of examples are provided that highlight diverse and instructive models of the various ways YABs have been structured. Each section describes approaches that states have used in practice, offering jurisdictions a menu of options to consider when developing or strengthening their own YABs. Descriptive information about state YABs was gathered through interviews conducted with state YAB administrators and contractors from 8 states, conducted from October–December 2024. Examples …

Bridging The Gap: Predictors Of Alignment Of Parent And Caseworker Perceptions Of Engagement, Jianchao Lai, Michelle I. Graef

Center on Children, Families, and the Law: Faculty Publications

This study examined predictors of alignment between parents’ and caseworkers’ perceptions of family engagement in child welfare services. Using data from 2,274 Alternative Response (AR)–eligible families randomized to AR or Traditional Response, engagement was assessed across the domains of Receptivity, Buy-in, Worker-family Relationship, and Mistrust using a modified Yatchmenoff (2005) scale. Multinomial logistic regression models identified factors associated with agreement and discrepancy between ratings of family engagement within the parent and worker dyad. While both parents and workers valued engagement, workers were more likely to provide higher overall engagement ratings, although the direction of discrepancy varied across specific subscales. Greater …

Cybercrime, Vulnerability And Digital Guardianship: Opportunity Structures And Prevention In A Changing Online Landscape, Mike Toro-Alvarez, Amy Lim

International Journal of Cybersecurity Intelligence & Cybercrime

No abstract provided.

Analyzing Modern Scam Typologies: From Pig-Butchering And Nigerian Advance-Fee Fraud To Crypto Airdrop Schemes, Katalin Parti, Sinyong Choi, Thomas Dearden

International Journal of Cybersecurity Intelligence & Cybercrime

Rapid advancements in digital infrastructure and decentralized networks have fundamentally altered the nature of contemporary cybercrime, making comprehensive empirical and technical analysis more crucial than ever. To address these challenges, this editorial summarizes the research contributions featured in this issue of the International Jour nal of Cybersecurity Intelligence and Cybercrime. The included papers examine the structural on-chain dynamics of sanctioned pig-butchering operations, the representational production and AI-driven evolution of the “Nigerian scam” label, the critical transaction-authorization factors driving losses in crypto airdrop schemes, and the optimization of sentence-transformer models for automated Host Intrusion Detection System (HIDS) alert enrichment. Together, these …

Three-Tier On-Chain Transaction Architecture In A Sanctions-Linked Pig-Butchering Network: A Blockchain-Forensics Case Study, Matthew Stern, Kyung-Shick Choi

International Journal of Cybersecurity Intelligence & Cybercrime

n October 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned 29 Bitcoin addresses asso ciated with the Prince Group and Chen Zhi, providing an opportunity to examine the internal on-chain structure of a sanctions-linked pig-butchering network. This blockchain-forensics case study analyzes the group of 29 addresses using blockchain tracing, cross-plat form attribution checks across multiple commercial analytics platforms, exposure screening, and thematic analysis of transaction be havior. Because the case rests on OFAC designations and DOJ allegations, the traced flows are interpreted as patterns consistent with suspected laundering rather than adjudicated crimes; no fiat …

Attribution Post ‘Aura’ Loss: A Qualitative Discourse Analysis Of The Nigerian Scam Label And Fraud Attribution, Emaediong Akpan

International Journal of Cybersecurity Intelligence & Cybercrime

In this essay, I employ qualitative discourse analysis of eleven purposively selected literature to examine how “Nigerian scam” became an established yet detached signifier of advance-fee fraud in global discourse. I do not treat this association as a reflection of offender identity or national inclination. Instead, the analysis traces how attribution is produced through representational repetition, institu tional uptake, and the circulation of familiar narrative cues. Using qualitative discourse analysis and an interpretive approach, this paper distinguishes among the socio-technical conditions that enable fraud, the institutional processes that stabilize attribution, and the semiotic dynamics through which national categories acquire durability. …

From Custody To Care: Understanding Mental Health And Recidivism In The Criminal Justice System, India Cox

UROP Posters

Previous studies on genetic influences in mental health disorders have been shown to correlate with incarceration rates in families. Consequently, there are individuals within the criminal justice system under the clinical threshold of a mental health diagnosis; it has been found that almost half of the incarcerated population was arrested due to acting upon their mental health disorder, while 27 to 38 percent developed PTSD while imprisoned. Furthermore, the serious and exhausting cycle of recidivism within the criminal justice system highlights the failure to provide the necessary mental health treatment required to support rehabilitation while incarcerated and prevent reoffending upon …

The First Systematic Review Of Treatment Characteristics And Recidivism Outcomes For Indigenous People Who Have Sexually Offended, James L. Finney, Natalie Gately, Suzanne Rock, Braden Hill

Research outputs 2022 to 2026

It is of great importance that research investigates the impact of sexual offender treatment programmes given the damage caused by sexual offences to victims and society more broadly. However, psycho-criminological literature has focused on reporting post-treatment recidivism outcomes for people who have sexually offended homogeneously and has not investigated the unique experiences of Indigenous people. Therefore, we systematically collated and critically appraised studies reporting recidivism outcomes for Indigenous people who have received treatment for sexual offences. Fourteen studies were identified utilising a sample of 5,635 individuals (30.7% Indigenous or First Nations). Recidivism was lower for Indigenous and First Nations people …

Dropouts And Refusers: Clinicians’ Insights And Initiatives Into Reducing Treatment Attrition Amongst Young People Who Sexually Offend, James L. Finney, Natalie Gately, Suzanne Rock, Jocelyn Jones

Research outputs 2022 to 2026

Sexual offending by young people causes significant harm to victims, families and communities. Treatment engagement and completion are therefore important for reducing future harm; however, young people who drop out of, or refuse to engage in, treatment present a unique challenge for clinicians and justice systems. Drawing on Bronfenbrenner’s (1979) ecological systems theory, this study explored clinicians’ perspectives on the barriers to treatment engagement and completion for young people who have sexually offended in the Australian context. Semi-structured interviews were conducted with clinicians who provided or facilitated treatment for young people who had sexually offended (N = 22). Two major …

Horrible, Fantastic, Traumatic: Victim-Survivors’ Experiences Of Police Interviews In Sexual Offence Cases And Suggestions Moving Forward, Gemma Hamilton, Giselle Woodley

Research outputs 2022 to 2026

This study explored adult victim-survivors’ experiences of reporting sexual violence to police in Australia, focusing on their suggestions for supporting future victim-survivors. By drawing on feminist standpoint theory, qualitative interviews with 26 victim-survivors indicated a range of experiences, yet strikingly similar concerns and suggestions for improvement. Using reflexive thematic analysis, key themes included the importance of interview room settings; the interviewer's interpersonal care; the presence of support people; and further investigative support when victims felt like investigators. The study offers both short-term and longer-term suggestions for supporting victim-survivors in sexual offence investigations, with a focus on minimising secondary victimisation.

Inside, Outside, And In Between: Black Homeplace As A Blueprint For Privacy Law, Nina-Simone Edwards

Library Scholarship

This essay reimagines the meaning of home and privacy for Black Americans by interrogating the legal and technological systems that routinely collapse the sanctity of the homeplace. Using the no-knock warrant as a central case study, this essay illustrates how state-sanctioned intrusions transform a space of rest, memory, and self-making into a site of violence. Although Fourth Amendment doctrine purports to guard against unreasonable searches, its prevailing binary framework–distinguishing only between “inside” and “outside” the home–renders Black domestic spaces uniquely vulnerable. Drawing from Critical Race Theory, particularly its social construction thesis, this essay shows how race, law, and technology co-produce …

Data Rights For Workers, Pauline Kim, Rachel Leavitt

Scholarship@WashULaw

Workers are subject to immense amounts of data collection on the job, and the algorithmic management tools built with that data can produce negative effects, including deskilling jobs, unstable work hours, reduced wages, and dangerous and degrading working conditions. Workers thus have significant interests how their data are collected and used, and yet they have been excluded from nearly all the recently enacted or proposed data protection laws. Their exclusion stems from data protection’s roots in privacy law and theory, which primarily focused on consumers as data subjects. Current data protection laws, even if expanded to cover workers, would provide …

The Limits Of "Punishment", Benjamin Levin

Scholarship@WashULaw

“Punishment” is an all-important category in criminal legal thought. Conventional scholarship adopts a narrow definition and focuses on justifying penal sanctions. Much critical work, in contrast, seeks to expand the category—defining more practices and institutions as “punishment.” In this Article, I argue that the focus on purposes of punishment and on what constitutes punishment distracts from a larger theoretical and practical issue—much of what the criminal system does probably isn’t punishment as such. Certainly, a carceral sentence is punishment. But what about a curfew requirement for a defendant awaiting trial? What about a restriction on gun ownership post conviction? What …

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil M. Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Scholarship@WashULaw

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

Apportioned Direct Taxes, Conor Clarke, Ari Glogower

Scholarship@WashULaw

The Constitution requires that Congress apportion any “direct” tax among the states by population. This once-dormant provision is now the most important constitutional limitation on Congress’s taxing power. Last year, in Moore v. United States, the Supreme Court seriously considered, for the first time in decades, whether to invalidate an Act of Congress as an unapportioned direct tax. While the law survived, Moore has opened a new era in which scholars and policymakers must again take apportionment seriously. Yet the apportionment requirement remains poorly understood.

This Article provides a new perspective on apportionment by examining how Congress and Treasury …

Space Enterprises As International Lawmakers: Nudges, Pledges, And Other Bottom-Up Modalities, Melissa (M.J.) Durkee

Scholarship@WashULaw

Private entities are influencing the development of international space law. Space enterprises need regulatory certainty and consistent standards to attract capital and develop their plans for space. Yet, states have lagged in their capacity to make multilateral international space law in traditional public fora. Private entities have responded to this legal lag by attempting to create, develop, and nudge international space law in commerce-friendly ways. This chapter surveys a variety of modalities by which commercial actors can affect the development of international law, offers several examples of how commercial lawmaking efforts

How International Organizations Regulate Lobbyist Access, Melissa (M.J.) Durkee

Scholarship@WashULaw

This chapter explores how international organizations (IOs) regulate lobbyist access through participation frameworks rather than traditional lobbying laws. While no unified international lobbying regime exists, IOs use rules on NGO 'consultation' and 'engagement' to structure access. These rules, rooted in historical practices like the UN's Economic and Social Council (ECOSOC) accreditation system, prioritize representativeness and legitimacy over transparency and accountability. As lobbying increasingly targets international forums, concerns about undue influence (the 'lobbying critique') and insufficient stakeholder inclusion (the 'access critique') have driven divergent reforms: some IOs, like the World Health Organization, have adopted stricter controls; others, such as the GAVI …

Taking Legality Seriously: What The Major Questions Doctrine Is — And Isn't, Andrea Scoseria Katz, Ofra Bloch

Scholarship@WashULaw

The Major Questions Doctrine (MQD), a controversial recent innovation of the Roberts Court that applies stricter scrutiny to “major” actions taken by federal agencies, has faced criticism for being atextual, unprincipled, and nakedly ideological. But this critique misses the fact that the doctrine has near-exact analogues in many other legal systems, where it is an established tool for reining in executive overreach. This Article argues that, while the MQD reflects valid rule-of-law concerns, as applied, it lacks theoretical clarity, consistency and limits. More importantly, the Court itself lacks a theory of what the MQD is. We provide an answer grounded …

Privatising International (Organizations) Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

This essay explores the increasing role of private commercial actors within international organizations (IOs) and the implications for international law. Once conceived as state-centred institutions, IOs now routinely involve corporations, trade associations, and philanthropic foundations in lawmaking, policy-setting, financing, and implementation. These actors participate through multiple channels: as observers, delegates, stakeholders, funders, and partners. While private involvement has historical precedents, its contemporary scale and formalization mark a significant transformation in global governance. International law, however, offers little guidance on the boundary between public and private authority, leaving legitimacy concerns unresolved. To evaluate privatization, the article identifies two competing logics: a …

Abolishing The Family, Susan Frelich Appleton, Albertina Antognini

Scholarship@WashULaw

Family law scholarship is replete with calls for reform. Yet gender-, race-, and class-based inequalities within and across families remain intractable. So what if, instead of reforming the family, we abolish it?

Abolishing the family might sound like a startling idea for a family-law analysis, especially after decades of efforts to expand the legal understanding of “family.” But the proposal is hardly new. In this Article, we lay the groundwork for integrating family abolitionist ideas, which have until now mostly taken place outside of law, into family law scholarship.

While family abolition is in many ways a radical departure from …

Justifying The Fourth Amendment, Daniel Epps

Scholarship@WashULaw

Why does the Fourth Amendment belong in the Constitution? This question is not whether society should impose some legal restraints on government searches and seizures. Rather, why should such protections reside in our national charter, superior to other forms of law and insulated from change via ordinary majoritarian political processes? Despite major disputes about the Fourth Amendment’s content, Fourth Amendment theorists rarely ask this question. Almost all agree that the Fourth Amendment’s constitutional protections are critically important—even if no one can agree exactly what those protections are.

This Article seeks a justification for the Fourth Amendment—the reason why search-and-seizure protections …

Teaching Constitutional Law: Politics, Democracy And History, Andrea Scoseria Katz

Scholarship@WashULaw

Teaching Constitutional Law in the present era presents unique pedagogical challenges. My students arrive skeptical of the field, doubtful of the Supreme Court’s authority, questioning the relevance of legal methods in determining case outcomes, and perceiving constitutional adjudication as irreducibly political. Rather than dismiss these concerns, I argue that constitutional law professors must acknowledge them directly. Our task is not to restore naïve faith in judicial neutrality (an impossible ideal), but to present students with a vision of constitutional meaning-making—one grounded in politics, history, and democratic politics—in which they can recognize themselves as engaged participants in the future of our …

Seeing International Organizations In A Shifting Landscape: Law, Practice, And Authority, Melissa (M.J.) Durkee

Scholarship@WashULaw

This book review symposium comes at a moment of visible strain in the postwar legal order. As of this writing, Canadian Prime Minister Mark Carney has described a "rupture" in the rules-based world order, warning that multilateral institutions and the architecture of collective problem-solving are under threat. Notably, Carney issued that warning at the World Economic Forum in Davos, before an audience of "companies and countries." The setting underscores a broader shift in global governance, in which states, firms, and philanthropic actors increasingly occupy shared institutional spaces, unsettling assumptions about law and power at the international level. The books under …

Specialization And The Permanence Of Federal Bankruptcy Law, Rafael I. Pardo

Scholarship@WashULaw

Traditional historical accounts posit that federal bankruptcy specialization in the United States first developed under the system established by the Bankruptcy Act of 1898. That view assumes that the structural and temporal conditions necessary to foster specialization did not exist under the nation’s earlier federal bankruptcy systems—those created by the Bankruptcy Acts of 1800, 1841, and 1867. This Article theorizes that federal bankruptcy specialization very likely occurred under the pre-1898 systems and marshals evidence to that effect, primarily focusing on the Bankruptcy Act of 1841 (the 1841 Act). That statute marked a critical turning point in federal bankruptcy law, shifting …

Sustainability Assurance, Andrew F. Tuch, Luca Enriques, Alessandro Romano

Scholarship@WashULaw

A robust literature examines sustainability disclosures by public corporations, but legal scholarship has largely overlooked the role of third-party assurance—or verification—of such disclosures. This is a notable omission given the extensive literature on the auditing of financial statements, a related form of assurance.

This article responds by examining the role of assurance in sustainability reporting. In keeping with the theme of this symposium volume, it draws on US and EU law. Our discussion begins in Part I with sustainability disclosures, focusing on the requirements and practices of public companies. In Part II, we introduce sustainability assurance as well as assurance …

Tariffs And The Taxing Power: Historical Lessons For Major Questions And Nondelegation, Conor Clarke, Ari Glogower

Scholarship@WashULaw

American law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the degree to which it has. But the ongoing tariff controversy emerges against a backdrop of conflicting and shifting historical practice. Early Congresses drafted tariff statutes in painstaking detail, while some of the broadest delegations in the early Republic involved internal taxes. In the modern era, by contrast, Congress has delegated more expansive tariff powers to the President, while retaining closer control over internal taxes. How should we understand this seemingly conflicting history of practice, and its relevance …