Legal Studies Commons^™

The Atlantic Divide On Privacy And Speech, Neil M. Richards, Kirsty Hughes

Scholarship@WashULaw

When does a right to privacy become a right of censorship? Conversely when does freedom of speech become a carte blanche to violate the dignity and autonomy of others? Discussions of privacy throughout the world frequently boil down to these questions. Despite the parallel relationships between privacy and speech in the United Kingdom and America, and despite their shared legal heritage, the two legal systems have struck the balance in radically different ways. In the United States, decisions balancing privacy and the First Amendment have invariably favoured the free speech interest, at least where a press defendant published lawfully-obtained “newsworthy” …

Taking Trust Seriously In Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …

Law, Religion, And The Purpose Of The University, John D. Inazu

Scholarship@WashULaw

This brief essay explores the relationship between law, religion, and the university. Religion asks the fundamental questions of human existence. Law is the means through which we impose our beliefs on our fellow citizens. The particulars of law and religion expose the differences among us. We respond to those differences with chaos, control, or coexistence. Coexistence requires tolerance, humility, and patience, and it requires institutions to habituate these practices within us. It is not clear that this country presently has such institutions, but if we are discover them among us, the university is one possible contender. The people, place, and …

Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood

Scholarship@WashULaw

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.

New Research On The Stubborn Persistence Of Tax Expenditures, Conor Clarke

Scholarship@WashULaw

In this essay I examine new research on tax expenditures. By utilizing survey experiments, several new studies have explored when and why the public prefers spending programs organized as tax credits rather than direct expenditures, even when the substance and cost of the policies are the same. I argue that this 'framing effects' research can help explain why tax expenditures have continued to grow faster than government spending as a whole, and why tax expenditure budgets have failed to stop this growth.

What Are Tax Havens And Why Are They Bad?, Conor Clarke

Scholarship@WashULaw

This essay reviews Gabriel Zucman's The Hidden Wealth of Nations: The Scourge of Tax Havens. Zucman's important new book brings clarity to a confusing subject -- but occasionally does so at the expense of nuance. My review has three goals. First, I summarize and appraise Zucman's central findings, and re-estimate his revenue-loss totals for the United States using tax-rate assumptions that I believe are more realistic. Second, I position Zucman's findings against the backdrop of the wider literatures on tax havens and inequality, and attempt to answer the two questions in this essay's title. Third, I comment on Zucman's call …

Why The Supreme Court Might Not Overrule Seminole Rock, Conor Clarke

Scholarship@WashULaw

Predictions are hard, especially about the future. It’s much safer to hide behind a broad trend: There was a time, just a couple of years ago, when it seemed like Auer and Seminole Rock were not long for this world. Auer’s author, Justice Scalia, turned his back on the doctrine. The tide of scholarly opinion—led by former Scalia clerk John Manning—seemed to rise comfortably, almost casually, in opposition to Auer. Fueled by a few encouraging concurrences, cases percolated through the federal courts that seemed to provide a ripe opportunity for review.

But no longer. The Court reaffirmed Auer last year. …

Do Law Schools Adequately Prepare Students For Practice? Surveys Say . . . No!, Robert R. Kuehn

Scholarship@WashULaw

There has been much concern over declining bar passage rates, focusing attention on whether some schools are admitting students who may not be capable of passing the bar exam and whether a school’s program of legal education adequately prepares its graduates for the exam. But if studies of practicing lawyers and recent law graduates matter, it is clear that law schools are also failing in their primary mission to adequately prepare students for legal practice.

This paper examines studies by the National Conference of Bar Examiners, the Institute for the Advancement of the American Legal System, and the American Bar …

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

One Last Word On The Blackstone Principle, Daniel Epps

Scholarship@WashULaw

In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …

Dna And Distrust, Kerry Abrams, Brandon L. Garrett

Faculty Scholarship

Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment law. Courts have struggled with questions of when and whether to treat genetic evidence as implicating individual rights, policy trade-offs, or federalism problems. We identify two modes of genetic testing: identification testing, used to establish a person’s identity, and predictive testing, which seeks to predict outcomes for a person. Judges and lawmakers have often drawn a bright line at predictive testing, while allowing uninhibited identity testing. The U.S. Supreme Court in …

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …

Touch Dna In A Complicated Alleged Child Abuse Case, Heather Miller Coyle

Forensic Science Publications

Touch DNA can be of use in establishing what may have occurred through reconstruction of events based on biological evidence transfer. However, interpretation of results and patterns must be approached with some caution as in the alleged child abuse case detailed here. This case was brought forward as a touch DNA and body fluid case where the male in question was a father reported to have forced a young child to perform oral sex on him. Her pajamas were collected and evaluated for presence of body fluids and associated DNA. The sleeves of the pajamas tested positive for amylase, a …

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

Search & Seizure: Historical Analysis Of The Fourth Amendment, Sarah Cummings

Honors Program Theses and Projects

This thesis is a legal analysis of the history of privacy law in the context of the Fourth Amendment. This historical analysis will focus on landmark United States Supreme Court cases involving searches and seizures from the 1886 Boyd v. United States case to the 2014 Riley v California case. Incorporated is the evolution of the Supreme Court’s analysis from the Trespass Doctrine to the Reasonable Expectation of Privacy Doctrine. Also included is how those doctrines have related to the evolution of technology. Finally, there is a discussion of the possible direction of future U.S. Supreme Court, Fourth Amendment privacy …

General Strain Theory And Bullying Victimization: Do Parental Support And Control Alleviate The Negative Effects Of Bullying, Jonathon Thompson

Theses and Dissertations

With growing reports of bullying victimization ranging from 8 percent to 46 percent in many countries, bullying victimization has been declared an international problem often affecting youth in or near one’s school with poor parental supervision. While there has been a growing body of research concerning bullying victimization, few studies have examined the collateral consequences of bullying victimization and the mediating role of family processes through the theoretical lens of general strain theory. This thesis attempts to shed light on such a complex social phenomena and contribute to the bullying and stress literature. This study posits that bullying victimization is …

A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel Pires

Master’s Theses and Projects

With the overwhelming drug offense and policy changes that occurred in the 1980s, the criminal justice system was forced to create other methods of dealing with offenders suffering from substance abuse problems. Therefore, drug court was created as a diversion program. Drug court was first created in 1989 in Florida to offer a therapeutic method to assist offenders with substance abuse problems and criminal cases. The purpose of drug court was to prevent addicts from constant contact with the criminal justice system. Drug court professionals developed a guideline based on the therapeutic jurisprudence theory called the “10 key component”. The …

A Review Of 'Body Farm' Research Facilities Across America With A Focus On Policy And The Impacts When Dealing With Decompositional Changes In Human Remains, Brittany M. Wolff

Criminology & Criminal Justice Theses - Archive

In the current research study, the use of content analysis and secondary data analysis provided the exploratory research on the “body farm” research facilities across the United States. Open-ended survey questions were also utilized and sent to the six research facilities across the country. The use of open-ended survey questions in combination with a small sample size, resulted in only one institution participating in the survey and one facility actively declining to participate. To resolve this limitation, the use of secondary data and content analysis from facility publications and websites were utilized to complete some of the gaps resulting from …

Green Criminological Concerns & Philosophical Beliefs, Alexander Allen Anderson

Criminology & Criminal Justice Theses - Archive

The purpose of this research project was to test the philosophical argument that people who maintained a dualistic mindset or sustained a belief in the existence of the soul would be less concerned with environmental crime. A survey was collected from a sample of 332 individuals at the University of Texas at Arlington in Arlington, Texas. The survey asked individuals to select on a likert scale how concerned they were with environmental harm. Preceding these, individuals were asked to answer either yes, no, or I don’t know on questions concerning their philosophical beliefs, looking for indicators of dualistic thinking and …

Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis

Publications and Research

"Our first report documented misdemeanor arrests in New York City and compared those trends to Upstate Cities in New York State (i.e., Albany, Buffalo, Rochester, Syracuse, and Yonkers) and the rest of New York State for over three decades. The first report, entitled Trends in Misdemeanor Arrests in New York, examined not only arrest rates but also examined charges, dispositions, and sentences. Our second report was entitled The Summons Report : Trends in the Issuance and Disposition of Summonses in New York City, 2003-2014. This report examined trends in issuance patterns by age and gender, charges, dispositions, and sentences. Similar …

The Effectiveness Of Training For Correction Officers In The Performance Of Their Job, Victoria L. Farrell

Criminal Justice

No abstract provided.

The Influence Of Gun Control Legislation On Rampage Shootings, Andrew D. Manor

HIM 1990-2015

The United States has experienced several mass shootings in the past few years. It has been averaging one shooting every week in 2015, and something must be done about it. This problem appears to be limited to the United States since several other nations have been able to minimize, and almost eliminate the number of mass shootings. By taking an analysis of the gun laws of the United States with those of Australia and Canada it can be concluded that some aspects of strict gun control can reduce the number of mass shootings. Further, the United States should look at …

A Comparative Analysis Of The Usa Patriot Act Of 2001 To The Usa Freedom Act Of 2015: Balancing Security With Liberty, Richard L. Russo

HIM 1990-2015

Freedom and safety are two ideals that American citizens value greatly; however, the balance between privacy and security determines whether or not both can be achieved in a reasonable manner. Security and privacy are not mutually exclusive; however, they tend to exhibit an inverse correlation with regards to maintaining individual liberties. Security and privacy are highly beneficial, but when one is given too much weight, the other most often suffers. When the United States citizens are given too much privacy through regulations, the citizens risk their well-being by not allowing the government the ability to prevent dangerous activities being done …

Predictors Of Texas Police Chiefs’ Satisfaction With Police-Prosecutor Relationships, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

Although strain in police-prosecutor relationships may be built into the criminal justice system’s checks and balances, the administration of criminal justice can benefit from the adoption of practices which improve these working relationships. A first step towards the adoption of such practices can be taken by first adding to the knowledge base regarding this understudied topic. Using a survey of a state-wide sample of Texas police chiefs, this exploratory study identifies which aspects of police-prosecutor interaction styles are predictors of police chiefs’ satisfaction with police-prosecutor relationships. Results indicate that perceived level of police input in prosecutors’ plea bargain and charging …

Nowhere To Run; Nowhere To Hide: The Reality Of Being A Law Library Director In Times Of Great Opportunity And Significant Challenges, Michelle Wu, Pauline Aranas, Steven M. Barkan, Barbara Bintliff, Darin K. Fox, Penny A. Hazelton, Joan S. Howland, Spencer L. Simons, Keith Ann Stiverson

Georgetown Law Faculty Publications and Other Works

This is an edited version of remarks presented at "'Nowhere to Run, Nowhere to Hide': The Reality of Being a Law Library Director in Times of Great Opportunity and Significant Challenges," January 5, 2015, at the Association of American Law Schools Annual Meeting, Washington, D.C.

South Africa, Gordon A. Crews, Sara K. Green

Criminal Justice Faculty Publications

Since the late 1990s, empirical evidence has strongly suggested a gradual increase in drug-related problems and substance abuse (illicit and prescription) in South Africa. Abuse of alcohol is still the primary issue, but other illegal drugs are a very close in any list of social ills for South Africa As in most parts of the world, issues and social problems associated with substance abuse continue to be exacerbated and perpetuated by socio-economic and developmental factors in South Africa. This issue is made worse by the fact that South Africa is one of the world’s largest producers of some illegal drugs …

Probation Officer Roles: A Statutory Analysis, Ming-Li Hsieh, Moana Hafoka, Youngki Woo, Jacqueline Van Wormer, Mary K. Stohr

Criminal Justice Faculty Publications

There are a limited number of studies that explore the legally prescribed roles of probation officers. To address this, the current study employed a statutory analysis to examine how probation officer roles have changed over the past 30 years, identifying which tasks and roles are statutorily mandated for probation officers. Findings indicate that there is an emergence of a "case manager" approach in the legally prescribed roles for probation officers in many states, even though law enforcement-oriented tasks are slightly more prescribed by law than rehabilitation-oriented tasks.

High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood

Master's Theses

In Forensic Science casework, identifying the source of a tissue can assist in crime scene reconstruction. Currently, presumptive testing methods to identify tissue type are utilized in crime scene laboratories, but there is a need for a more reliable confirmatory test for tissue type identification. High Resolution Melt (HRM) analysis is an innovative technology that has the potential to determine tissue types through variations in DNA methylation patterns. Recently, DNA methylation patterns have been found to correspond with specific tissue types in particular regions of DNA. Two markers, B_SPTB_03 and DDX4 have been effective in differentiating sperm from other tissue …

California Police Sexual Misconduct Arrest Cases, 2005-2011, Philip M. Stinson, Zachary J. Calogeras, Natalie L. Dichiro, Ryan K. Hunter

Criminal Justice Faculty Publications

This report was prepared at the request of the California Research Bureau. The data are from a larger study on police crime in the United States. Police crimes are those crimes committed by sworn law enforcement officers given the general powers of arrest at the time the offense was committed and/or at the time when the officer was arrested. These crimes can occur while the officer is on- or off-duty and include offenses committed by state, county, municipal, tribal, or special law enforcement agencies. Police crimes damage the occupational integrity of police officers, the organizational legitimacy of the employing law …