Legal Studies Commons^™

Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy

Scholarship@WashULaw

This essay analyzes the challenges to legal education and what those challenges may mean both to clinical legal education and to clinical scholarship. Since the Great Recession, several law schools have closed, some have merged, and still other law schools approved by the American Bar Association (ABA) have been found out of compliance with ABA Accreditation Standards and either have been directed to take specific remedial action, have been placed on probation, or have lost ABA-approval. While enrollment has rebounded at some law schools, other law schools have continued to experience much smaller entering classes than the entering class in …

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Scholarship@WashULaw

In July 2016, Michael Cohen, then presidential candidate Donald Trump’s lawyer, secretly recorded Trump discussing how they would use the publisher for the National Enquirer to purchase former Playboy model Karen McDougal’s story about an alleged affair with Trump in order to stop it from becoming public before the 2016 presidential election. The National Enquirer’s publisher purchased McDougal’s story in August 2016. In a similar move to quash another alleged affair from going public in October 2016, Cohen set up a corporation to purchase adult film star Stormy Daniels’s story of her affair with Trump. Trump was elected President in …

Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy

Scholarship@WashULaw

This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.

A Study Of The Relationship Between Law School Coursework And Bar Exam Outcomes, Robert R. Kuehn

Scholarship@WashULaw

The recent decline in bar exam passage rates has triggered speculation that the decline is being driven by law students taking more experiential courses and fewer bar-subject courses. These concerns arose in the absence of any empirical study linking certain coursework to bar exam failure.

This article addresses speculation about the relationship between law school coursework and bar exam outcomes. It reports the results of a large-scale study of the courses of over 3800 graduates from two law schools and the relationship between their experiential and bar-subject coursework and bar exam outcomes over a ten-year period. At both schools, the …

Corporate Stewardship, Danielle D'Onfro

Scholarship@WashULaw

Harnessing strategies both ancient and modern — hostages, surety, gatekeepers, and blame — this Article proposes a new tool for achieving more efficient corporate compliance. It begins with the premise that a handful of well-known factors, including agency costs, misaligned time-horizons, cognitive biases, and insufficiently deterrent legal regimes sometimes cause companies to ignore important public safety obligations even when those obligations are cost-effective and welfare-maximizing. The result is systemic undercompliance with certain regulatory obligations. Despite the seriousness of this problem, currently available options for motivating compliance mostly fail to make public-safety regulations sufficiently salient to the individuals who perform the …

Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner

Scholarship@WashULaw

Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …

Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner

Scholarship@WashULaw

Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …

Hate Crimes And Discrimination Against Jews: The Anti-Semitism Phenomenon In The 21st Century, Jon Zemke

Theses and Dissertations

Hate Crimes and Discrimination against Jews: The Anti-Semitism Phenomenon in the 21st Century. Jonathon Zemke, 2018: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. The purpose of this study is to compare the perceptions and opinions of Jewish and non-Jewish adult in Virginia Beach, Virginia regarding Jewish hate crimes, discrimination, the safety of the Jewish population, and general beliefs about the Jewish faith. The study set out to provide an evaluation of opinions regarding hate crimes, discrimination, personal safety, and anti-Semitic propensities among the Jewish population (n=77, 45.29%) compared to the non-Jewish respondents (n=93, 54.71%) examined in …

A Multiple Case-Study Approach To Examine Police Officers Perceptions On Narcan® Policies, Casey Gnann

Theses and Dissertations

In October 2017, President Trump officially declared the opioid epidemic to be a public health emergency. Reports from the CDC indicate that over 140 Americans die per day as a result of an opioid overdose (NPR, 2017). This statistic alone highlights the tragic effects of the current opioid climate. To date, an abundance of research has been conducted on opioid addicts, family members, doctors approach to addiction, etc. However, there is a gap in the research regarding law enforcement officers and their ever-changing role in the fight against opioids. As the opioid epidemic has continued to worsen, many law enforcement …

The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett

Faculty Scholarship

The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected …

Federal Criminal Risk Assessment, Brandon L. Garrett

Faculty Scholarship

Risk assessments are a common feature of federal decisionmaking, including across a range of administrative agencies. However, in federal criminal law, risk assessments have been only haltingly adopted. Decisions regarding bail, sentences, and prison programming have largely been made based on official discretion. Risk assessment instruments are currently used in federal courts pretrial and postconviction, and in federal prisons regarding security levels and reentry, with highly uneven results to date. The adoption of the First Step Act, which has the ambition to transform the federal prison system through the use of risk instruments, has the potential to introduce a more …

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Violence Is As American As Cherry Pie: Mass Incarceration And Juvenile Violence, Stephen C. Stanko, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to offer “food for thought” regarding an under researched area of juvenile violence causation: the possible connection between steadily increasing incarceration rates and steadily increasing incidents of school violence. Unfortunately, the negative, and sometimes violent, traits individuals develop while incarcerated are often brought out into their lives in society and personal lives, which often involve the raising of children. Research has documented the impacts that being incarcerated can have upon an individual. There is growing research supporting that these newly developed traits and behaviors can easily be imbedded in the children in which they …

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

“I’M The Greatest”: Pride, Impression Management, And Denial Of Coercive Control And Physical Abuse By Perpetrators Of Intimate Partner Violence, Benjamin Reissman, Kendra Doychak M.A., Angela Crossman Ph.D., Chitra Raghavan Ph.D.

Student Theses

Coercive control and physical abuse are two prominent forms of intimate partner violence (IPV), often accompanied by with impression management to conceal such behavior. However, intrinsic motives for engaging in impression management by male IPV offenders are not well-known. The present study makes use of archival data from 85 heterosexual men in a batterer treatment program to gauge how pride, shame, and guilt may relate to impression management and reported IPV. Admission to shame and guilt appear to be correlated with and predictive of both forms of reported abuse, along with the absence of impression management. This implies that internalized …

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire

Faculty Publications

Trinidad and Tobago has more than 100 criminal gangs, some of which engage in high levels of homicide and violence. Recent research has shown that gang members in Trinidad and Tobago are more likely than nongang members to be arrested for violent, property, and drug crimes. As gangs continue to proliferate throughout the Caribbean, there is a pressing need to understand the nature of these gangs and their impact on the communities in which they are entrenched. Using data from interviews with community members, police officials, and gang members, as well as ethnographic observations from 10 high crime, predominantly Black …

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the …

Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal

Student Theses

Paper evidence is commonly encountered in cases of kidnapping, threatening letters, extortion, and bank robbery, and the optimal workflow between latent print processing and DNA collection is of interest to the forensic community. The overall aim of this project was to achieve optimal amounts of DNA for typing without destroying the fingerprint. The first study compared two collection techniques—tape-lifting by Scotch Removable Poster Tape and dry swabbing with FLOQSwabs— using prints deposited in defined locations. Samples were processed for DNA and developed with 1,2-indanedione. The second aim was to determine if visualizing print locations with fingerprint powder prior to DNA …

A Qualitative Case Study On The Domestic Violence Act, 2007 (732) And The Convention On The Elimination Of All Forms Of Discrimination Against Women, Victoria Hernandez

Master's Theses

On July 17, 1980, Ghana became a signatory to CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) under the United Nations in order to combat all forms of violence, discrimination and human rights violations that harm the security, freedom, privacy, and dignity of every woman. The Domestic Violence Act (732) stemmed from CEDAW in order to add on more layers of legal protection for victims of domestic violence and to penalize all acts according the bill’s definition and the different forms of domestic violence. Although there are stricter laws to punish any acts of violence inflicted …

Organizational Deviance: The Case Of The Baltimore City Detention Center, Jaz Vallin

Augsburg Honors Review

This paper analyzes the causes that led to the federal indictment of thirteen female guards, and eventual conviction of forty guards and inmates, at the Baltimore City Detention Center in 2013. The analysis is based on information presented in extensive newspaper coverage during and after the discovery of the events and the behavior at the jail. While popular opinion in the press blamed the guards’ gender or their personal morals for their actions, the incident can best be explained through the use of organizational heuristic tools. Application of Diane Vaughan’s matrix of routine nonconformity reveals that the guards’ actions involved …

Prosecutorial Misconduct: Typologies And Need For Policy Reform, Rylee Broyles, Tamara J. Lynn

Academic Leadership Journal in Student Research

A gross manifestation of injustice within the criminal justice system, warranting policy development to correct, is the issue of prosecutorial misconduct. There are numerous reasons why misconduct occurs and oftentimes overlooked within the courts. Action must be taken to both prevent and rectify such wrongdoings committed by those whom are presumed to be the most virtuous of our justice system. Future policy action is paramount to the constitutionality of criminal proceedings and the abatement of prosecutorial misconduct in every capacity. The implementation of austere policies would positively impact all criminal defendants whom cross the threshold of a courthouse.

Sex Offender Perceptions: Investigating Social Supports As Buffers To The Consequences Of Megan's Law, Melissa D. Colson

Theses and Dissertations

The purpose of this study was to identify supports and whether supports perceived as helpful lessen negative experiences with job difficulty, housing difficulty, vigilantism, and isolation. Additionally, registrants' perceptions of hopelessness and sex offender registration and community notification laws (SORN) as a public safety measure were examined to determine whether more helpful supports positively impacted their attitudes. Another aspect of this study explored differences with males and females since females have rarely been examined. Narratives were compiled to further describe offender experiences and perceptions. This study used a survey to collect data on sex offenders, including offender demographics and victim …

Informal Rulemaking And Democratic Participation Fda – Food Labeling, Fcc – Net Neutrality, A Text Mining Study, Casey Shannon

Public Administration Master’s Projects

The Administrative Procedure Act (APA) is supposed to make the rulemaking process at the administrative level democratic. This study will look at two examples of federal regulatory agencies – Food and Drug Administration (FDA) and the Federal Communications Commission (FCC). The topics are food labeling, and net neutrality respectively. The APA highlights the process of notice and comment rulemaking. The APA is evaluated in the literature review for effectiveness and shortcomings. Interest groups play a key role in the policy making process; interest groups inform and mobilize citizens, and then coordinate commenting on agency rule propositions. This can sometimes lead …

Furthering Understanding Of Forensic Units: A Detailed Examination Of Knoxville Police Department's Crime Scene Unit., Cassandra Christina Rausch

Electronic Theses and Dissertations

Throughout the past three decades, the criminal justice system has decidedly employed new technologies for the purposes of establishing guilt or innocence. Forensic science, with its synthesis of scientific methodology and investigative considerations of law enforcement, ushered in the development of DNA profiling and forever changed the process of crime scene investigation.This shift in focus also led to a shift in the individuals involved in investigation, producing the widespread formation of stand-alone crime scene units. Utilizing both civilian and sworn employees of a law enforcement agency, these units became responsible for the documentation, collection, and preservation of evidence that would …

Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Black and poor children are overrepresented at every stage of the child welfare system, from suspicion of abuse to substantiation. Focusing on stereotypes as a source of bias that leads to these disparities, the current study examines the content and strength of stereotypes relating race and social class to child abuse as viewed by medical professionals. Doctors, nurses, and other medical professionals (Study 1: N = 53; Study 2: N = 40) were recruited in local hospitals and online through snowball sampling. Study 1 identified stereotype content by asking participants to list words associated with the stereotype that …

Motivators Of Prostitution Desistance, Shawn Nicole Guy

Criminology & Criminal Justice Theses - Archive

The intent of this thesis was to determine the factors that lead to desistance from street prostitution in the form of motivators and how to shape recommendations to courts, social services, and policy-makers based off of identified themes. Additionally, various theories are discussed, supporting the presence of identified motivators and themes, that could be used by interventionsists as guiding principles when working on strategies for prostitution desistance modifications. Without isolating and stratifying motivators and themes, prostitutes who desire to desist may not receive appropiate treatments and interventions and may continue to recidivate with prostitution-related criminal charges. Statements obtained through qualitative …

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …

Vocational And Life Skills Monthly Data Update: December 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

The Impact Of Black Lives Matter Movement Publicity On Juror Decision Making, Emily R. Nerness

Graduate Theses/Dissertations

Others have investigated separately whether general pretrial publicity (PTP) or racial salience have an impact on juror decision making, but no one has explored a potential connection between the two. With information about the Black lives matter (BLM) movement recurring in the media, the question arises of whether news about the BLM movement can increase racial salience, thereby influencing juror decision making. The present research addressed whether 1) exposing participants to pro-BLM or negative-BLM news articles would influence verdicts and guilt ratings when compared to a control group, 2) whether this PTP effect would be different for Black versus White …

The Theory And Practice Of Contestatory Federalism, James A. Gardner

Journal Articles

Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.

This paper investigates Madison’s hypothesis by documenting the methods actually deployed …