Legal Studies Commons^™

Inequality And The Mortgage Interest Deduction, Kyle Rozema, Daniel J. Hemel

Scholarship@WashULaw

The mortgage interest deduction is often criticized for contributing to after-tax income inequality. Yet the effects of the mortgage interest deduction on income inequality are more nuanced than the conventional wisdom would suggest. We show that the mortgage interest deduction causes high-income households (i.e., those in the top 10% and top 1%) to bear a larger share of the total tax burden than they would if the deduction were repealed. We further show that the effect of the mortgage interest deduction on income inequality is highly sensitive to the alternative scenario against which the deduction is evaluated. These findings demonstrate …

'What Do I Do With The Porn On My Computer?': How A Lawyer Should Counsel Clients About Physical Evidence, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

This Article critically analyzes the legal and ethical limits of advice a lawyer may give clients about evidence of crimes, and provides examples of that advice in a number of situations involving clients with questions about what they should do with real and electronic evidence. When criminal charges have not been brought and are not expected, how much latitude does a lawyer have in giving advice to a client? When may a lawyer counsel a client to destroy contraband or other evidence of a crime? When a lawyer may not counsel destruction, is a lawyer legally and ethically permitted to …

Australian Best Practices - A Comparison With The United Kingdom And The United States, Peter A. Joy, Adrian Evans, Anna Cody, Jeff Giddings, Mary Anne Noone, Simon Rice

Scholarship@WashULaw

This chapter, from the book "Australian Clinical Legal Education" compares efforts in Australia, the United Kingdom, and the United States to establish best practices or standards in clinical legal education and the resulting best practices that were developed. The material in this chapter may aid faculty teaching clinical courses in other countries as they consider whether to develop their own best practices in light of their cultures, legal institutions, and systems of legal education.

Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist

Scholarship@WashULaw

How governments and the electorate choose to structure judicial institutions has implications for the rule of law. In the state context, for example, judicial elections were instituted precisely because reformers expected elected judges to counter legislative action more vigorously through the power of judicial review. But when judges invalidate statutes more frequently, they reduce law’s predictability and stability. The same can be said for decisions overruling precedent: frequent overrulings undermine the norm of stare decisis and destabilize the legal status quo. These behaviors may also be viewed by some observers as more “activist” than those that defer to legislative judgments …

Loving The Sinner: Evangelical Colleges And Their Lgb Students, Elizabeth J. Hubertz

Scholarship@WashULaw

In his Obergefell dissent, Chief Justice Robert wrote: “Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage.” This article looks at one of those hard questions - the relationship between evangelical colleges and their LGB students.

As religious institutions, evangelical colleges have authority to freely exercise their faith. They exercise this freedom by maintaining sexual conduct codes which prohibit homosexual practice or behavior by their students. Despite the existence of these codes, evangelical colleges have, and most likely always will have, sexual minority students. While …

Fostering Legal Cynicism Through Immigration Detention, Emily Ryo

Faculty Scholarship

Every year, tens of thousands of noncitizens in removal proceedings are held and processed through an expanding web of immigration detention facilities across the United States. The use of immigration detention is expected to dramatically increase under the Trump administration’s mass deportation policy. I argue that this civil confinement system may serve a critical socio-legal function that has escaped the attention of policymakers, scholars, and the public alike. Using extensive original data on long-term immigrant detainees, I explore how immigration detention might function as a site of legal socialization that helps to promote or reinforce widespread legal cynicism among immigrant …

The Connection Between Drug Use And Crime In Western Australia, Kathryn Riordan

Theses: Doctorates and Masters

Despite decades of research, there is no consensus as to the factors that explain the association between drug use and criminal behaviour. While the evolving sophistication in research methodology has identified factors that are associated with involvement in both drug use and crime, exploration of the idiosyncratic factors that contribute to initiation, maintenance and desistence in drug use and criminal behaviour over time, across culture and social context remains unknown. In this research a grounded theory approach was used to develop an explanatory model based on the reported experiences of 22 non-Aboriginal and 11 Aboriginal adult male offenders, incarcerated in …

Convicting The Innocent Redux, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Project Safe Neighborhoods In Chicago: Looking Back A Decade Later, Ben Grunwald, Andrew V. Papachristos

Faculty Scholarship

Project Safe Neighborhoods (PSN) is a federally funded initiative that brings together federal, state, and local law enforcement to reduce gun violence in urban centers. In Chicago, PSN implemented supply-side gun policing tactics, enhanced federal prosecution of gun crimes, and notification forums warning offenders of PSN’s heightened criminal sanctions. Prior evaluations provide evidence that PSN initiatives have reduced crime in the first few years of their operation. But over a decade after the program was established, we still know little about whether these effects are sustained over an extended period of time. This Article examines PSN Chicago, an anti-violence program …

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …

Meeting The Needs Of Victims: An Examination Of Victims' Coping Strategies And Victim Services In Canada, Jenniffer Olenewa

Theses and Dissertations (Comprehensive)

Victimization creates harms that can take an emotional and financial toll on victims and their communities. As a result of the trauma, many victims will have physiological, safety, and emotional needs that require support. All community members benefit when victims can receive support that meets the needs generated by the harms of a victimization. This mixed-methods study using Canadian data examines what factors contribute to victims engaging in behavioural changes to meet their safety needs, and explores how Victim Service workers view their role in assisting victims to meet their needs. Using data from the 2014 General Social Survey, Study …

Loose Coupling And Defining Deviance Down: Correctional Officers’ Perceptions Of Organizational Responses To Mental Health And Well-Being., Victoria M. Baker

Theses and Dissertations (Comprehensive)

Correctional work is characterized by high rates of occupational stress, which can produce a plethora of negative outcomes for the officers employed within such institutions. The present study examines Canadian provincial correctional officers’ perceptions of how occupational stress is created within the context of their employment. Through in-depth interviews with 11 correctional officers, I examine the political, organizational, and cultural factors that are perceived to negatively affect employee stress and well-being. From this analysis, I present three principal arguments. First, I uncover how correctional officers perceive ministerial policies to be loosely coupled from frontline practices. I argue that this loose …

School Killers Speak: A Comprehensive Examination Of Traditional School Violence Perpetrators In K-12 American Schools, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.

The Impact Of Md5 File Hash Collisions On Digital Forensic Imaging, Gary C. Kessler

Journal of Digital Forensics, Security and Law

The Message Digest 5 (MD5) hash is commonly used as for integrity verification in the forensic imaging process. The ability to force MD5 hash collisions has been a reality for more than a decade, although there is a general consensus that hash collisions are of minimal impact to the practice of computer forensics. This paper describes an experiment to determine the results of imaging two disks that are identical except for one file, the two versions of which have different content but otherwise occupy the same byte positions on the disk, are the same size, and have the same hash …

A New Distributed Chinese Wall Security Policy Model, Saad Fehis, Omar Nouali, Mohand-Tahar Kechadi

Journal of Digital Forensics, Security and Law

The application of the Chinese wall security policy model (CWSPM) to control the information flows between two or more competing and/or conflicting companies in cloud computing (Multi-tenancy) or in the social network, is a very interesting solution. The main goal of the Chinese Wall Security Policy is to build a wall between the datasets of competing companies, and among the system subjects. This is done by the applying to the subjects mandatory rules, in order to control the information flow caused between them. This problem is one of the hottest topics in the area of cloud computing (as a distributed …

Leveraging The Windows Amcache.Hve File In Forensic Investigations, Bhupendra Singh, Upasna Singh

Journal of Digital Forensics, Security and Law

The Amcache.hve is a registry hive file that is created by Microsoft® Windows® to store the information related to execution of programs. This paper highlights the evidential potential of Amcache.hve file and its application in the area of user activity analysis. The study uncovers numerous artifacts retained in Amcache.hve file when a user performs certain actions such as running host-based applications, installation of new applications, or running portable applications from external devices. The results of experiments demonstrate that Amcache.hve file stores intriguing artifacts related to applications such as timestamps of creation and last modification of any application; name, description, publisher …

Bloom Filters Optimized Wu-Manber For Intrusion Detection, Monther Aldwairi, Koloud Al-Khamaiseh, Fatima Alharbi, Babar Shah

Journal of Digital Forensics, Security and Law

With increasing number and severity of attacks, monitoring ingress and egress network traffic is becoming essential everyday task. Intrusion detection systems are the main tools for capturing and searching network traffic for potential harm. Signature-based intrusion detection systems are the most widely used, and they simply use a pattern matching algorithms to locate attack signatures in intercepted network traffic. Pattern matching algorithms are very expensive in terms of running time and memory usage, leaving intrusion detection systems unable to detect attacks in real-time. We propose a Bloom filters optimized Wu-Manber pattern matching algorithm to speed up intrusion detection. The Bloom …

The Impact Of Sha-1 File Hash Collisions On Digital Forensic Imaging: A Follow-Up Experiment, Gary C. Kessler

Journal of Digital Forensics, Security and Law

A previous paper described an experiment showing that Message Digest 5 (MD5) hash collisions of files have no impact on integrity verification in the forensic imaging process. This paper describes a similar experiment applied when two files have a Secure Hash Algorithm (SHA-1) collision.

The 2016 Analysis Of Information Remaining On Computer Hard Disks Offered For Sale On The Second Hand Market In The Uae, Thomas Martin, Andy Jones, Mohammed Alzaabi

Journal of Digital Forensics, Security and Law

This research describes our survey of data remaining on computer hard disks sold on the second hand market in the United Arab Emirates (UAE). This is a repetition of the first survey conducted in 2012 (Jones, Martin, & Alzaabi, 2012). Similar studies have been carried over the last ten years in the United Kingdom, Australia, USA, Germany and France: (Jones, Mee, Meyler, & Gooch, 2005), (Jones, Valli, Sutherland, & Thomas, 2006), (Jones, Valli, Dardick, & Sutherland, 2008), (Jones, Valli, Dardick, & Sutherland, 2009). This research was undertaken to gain insight into the volumes of data found on second-hand disks purchased …

A Survey Of Social Network Forensics, Umit Karabiyik, Muhammed Abdullah Canbaz, Ahmet Aksoy, Tayfun Tuna, Esra Akbas, Bilal Gonen, Ramazan S. Aygun

Journal of Digital Forensics, Security and Law

Social networks in any form, specifically online social networks (OSNs), are becoming a part of our everyday life in this new millennium especially with the advanced and simple communication technologies through easily accessible devices such as smartphones and tablets. The data generated through the use of these technologies need to be analyzed for forensic purposes when criminal and terrorist activities are involved. In order to deal with the forensic implications of social networks, current research on both digital forensics and social networks need to be incorporated and understood. This will help digital forensics investigators to predict, detect and even prevent …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A Study Of Ohio's Correctional Institution Inspection Committee's (Ciic) Inmate Surveys, Melissa W. Burek, John Liederbach, Joelle K. Bridges

Criminal Justice Faculty Publications

Correctional facilities have a discernible "social climate," or collection of contextual properties that derive from perceptions of both staff and prisoners. These properties include the physical, organizational, social, and emotional characteristics of correctional institutions. Ohio's Correctional Institution Inspection Committee (CIIC) requested research assistance to assess the validity of their adult and youth surveys, which are administered during the CIIC's regular inspections of facilities. The purpose of this study was to assess the validity of these instruments and the process by which they are administered. The study builds on the existing line of research on prison social climate surveys.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

State Failure In Venezuela, Marcus Littman

Master's Theses

The role of the state is to provide political goods such as security and an environment conducive to economic growth. The Venezuelan state is failing to provide both security and conditions capable of producing economic growth. The government has exacerbated both by enacting failed policies. I measure the economic crisis in Venezuela based on the rates of inflation, falling foreign currency reserves, the food and medical supply shortage, falling government spending, and negative GDP growth. I measure the security crisis based on the escalating rate of kidnapping, human trafficking, drug sales, smuggling, theft, gun distribution, and homicide. In this thesis, …

Woof, Joseph D. Jaafari

Capstones

About 10 percent of Americans identify as polyamorous, defined as having multiple love affairs within a single relationship. Those relationships are as diverse as they are complicated with some ranging from having multiple people within a relationship to a couple having outside individual relationships.

Within the gay world, polyamory and open relationships has become a norm, and within the gay fetish scene it’s almost a requirement.

https://drive.google.com/open?id=0B_MnWyJVYJneYVAzXzcxU2U3bFE

But polyamory has its own set of complications legally. Because in America we have a system where only one person can receive benefits (be it through marriage or blood), there are complications if, …

In The Wake Of Broken Windows Policing How Aggressive Policing Contributed To East Harlem Residents Distrust Of Police, Stephanie Daniel, Nicole Lewis, Kalalea Kalalea

Capstones

In 2015, the East Harlem neighborhood – specifically the 25th Precinct – had the highest rate of criminal court summonses amongst residential areas. At 145 summonses for every 1,000 residents, it was more than four times the citywide average, according to an analysis of data obtained from the NYPD.

Since 2010, summonses have declined as the NYPD moves towards a more community-based approach to policing. But the Broken Windows theory has left a lasting and often negative effect on the East Harlem community.

This past fall, CUNY reporters investigated how summonses have affected the relationship between East Harlem residents and …

Op-Ed: Cops Shoot And Kill Someone About 1,000 Times A Year: Few Are Prosecuted: What Can Be Done?, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of …

Reformers Against The Clock, William Sloan Greenawalt

The Catholic Lawyer

No abstract provided.