Legal Studies Commons^™

The New Financial Order: An Essay For Alan Bromberg - Tributes To Professor Alan R. Bromberg, Joel Seligman

Scholarship@WashULaw

In the aftermath of the 2008-2009 financial crisis, I characterized its causes broadly:

First, there was an ongoing economic emergency, initially rooted in the housing and credit markets, which has been succeeded by the collapse of several leading investment and commercial banks and insurance companies, dramatic deterioration of stock market indices, and a rapidly deepening recession.

Second, there were serious breakdowns in the enforcement and fraud deterrence missions of federal financial regulation, notably as illustrated by matters involving Bear Stearns and the other four then independent investment banks subject to the SEC's former Consolidated Supervised Entities program, the government creation …

Measuring Clinical Legal Education's Employment Outcomes, Robert R. Kuehn

Scholarship@WashULaw

This Article examines evidence of a possible link between learning opportunities in law school and J.D. employment outcomes. It responds to a paper by Jason Yackee that finds, using 2013 data from top 100 ranked schools, “not much evidence” that law clinic opportunities are likely to improve a school’s graduates’ employment outcomes and suggesting that those opportunities may even harm employment prospects.

The Article reexamines Yackee’s methodological approach and then looks beyond both law clinics and his statistical models. The expanded empirical analysis finds it is not possible to draw any reliable conclusion from his models about the likely effects …

In Defense Of Empirical Legal Studies, Christina L. Boyd

Scholarship@WashULaw

The empirical legal studies movement, or ELS, is positioned to provide an important scholarly impact. As noted ELS scholar Theodore Eisenberg once put it, “[a]cross a broad range of legal issues, empirical studies can inform policymakers and the public. Legally trained social scientists have unique opportunities to enhance description and understanding of the legal system.” By all accounts, this influence is well underway. ELS scholarship has been present in law schools since at least the 1920s and is on the rise in recent years, with important empirical insights gained into legal subjects such as error rates in capital punishment convictions, …

Regulating Sex Work: Assimilationism, Erotic Exceptionalism And The Challenge Of Intimate Labor, Adrienne D. Davis

Scholarship@WashULaw

Most commentators on sex markets focus on the debate between abolitionists and those who defend and support professional sex work. This paper, instead, looks at debates within the pro-sex work camp, uncovering some unattended tensions and contradictions. It shows that, within this camp, some stress the labor aspect, urging that sex markets perpetuate a “vulnerable population” of workers, similar to others who perform highly risky and/or exploited labor, and should be regulated accordingly. In this view, sex work would be assimilated into other labor. Others, though, take a more anti-regulatory stance. They exceptionalize this form of labor, arguing that because …

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Scholarship@WashULaw

Despite the broad powers wielded by the federal government in security administration, the Supreme Court’s holding in Printz v. United States serves as a substantial check against federal overreach. Hand wringing by legal scholars over the Court’s reasoning in Printz and the rigid rules against commandeering attached to this reasoning have obscured the fact that the case now stands as a bulwark against the expansion of federal authority over state, county, and local police. Given the holding in Printz, ICE cannot require the active participation of subnational police in immigration enforcement and must instead—despite its previous assertions to the contrary—solicit …

Race Matters In Jury Selection, Peter A. Joy

Scholarship@WashULaw

Whatever the lawyer fears, whether it is an issue of race in the case or unconscious biases in jurors that may affect how they decide the case, the lawyer must address the fears during jury selection. If the lawyer does not explore what the lawyer fears about the case during jury selection, the lawyer has failed to increase the odds that the jury will consider the client’s case fairly. If the defense lawyer does not mention race during jury selection when race matters in a case, racial bias can be a corrosive factor eating away at any chance of fairness …

Ethics In Criminal Advocacy, Peter A. Joy, Ellen Yaroshefsky

Scholarship@WashULaw

Several ethics issues in criminal advocacy came to the forefront again in 2014. Although the U.S. Supreme Court did not decide important cases that cut across criminal law and the ethical obligations of defense counsel or prosecutors in 2014, there were still several other important developments and stories in the news. For example, decisions of prosecutors in Missouri and New York that they did not have a conflict of interest in considering charges against police officers in the deaths of Michael Brown and Eric Garner, both unarmed African America men, led to outcries of injustice and double-standards favoring police. In …

Aboriginal Perspectives About Child Sexual Abuse: Informing The Cultural Dimension In Sex Offending Theories For Use With Aboriginal Offenders, Victoria Elizabeth Hovane

Theses: Doctorates and Masters

Child sexual abuse (CSA) and its consequences constitute a serious social issue in Aboriginal and other communities throughout the world. As a result, a number of influential psychological theories about sexual offending have been developed. These theories suggest that the early socialisation and developmental experiences of offenders are implicated in the onset, development and maintenance of sexual offending behaviour. While these theories suggest that culture is important for understanding such behaviour, their specific role has largely been ignored in the literature. Given the paucity of research in this area the aim of this study was to understand the perspectives of …

Decision-Making In The Dark: How Pre-Trial Errors Change The Narrative In Criminal Jury Trials, Kara Mackillop, Neil Vidmar

Faculty Scholarship

Over the past decade and a half, a great deal of attention has rightfully been given to the issue of wrongful convictions. In 2003, Jim Dwyer, Peter Neufeld and Barry Scheck published Actual Innocence, an eyeopening treatise on the reality of wrongful convictions in the United States. In the years since, more than 1400 innocent persons have been exonerated, and a very diverse research community of attorneys, academics, social scientists, and activists has developed in response to the realization offlaws in our criminal justice system. In 2012, Brandon Garrett's Convicting the Innocent quantitatively evaluated the first 250 DNA exonerations and …

Decriminalizing Delinquency: The Effect Of Raising The Age Of Majority On Juvenile Recidivism, Charles E. Loeffler, Ben Grunwald

Faculty Scholarship

In the last decade, a number of states have expanded the jurisdiction of their juvenile courts by increasing the maximum age to 18. Proponents argue that these expansions reduce crime by increasing access to the beneficial features of the juvenile justice system. Critics counter that the expansions risk increasing crime by reducing deterrence. In 2010, Illinois raised the maximum age for juvenile court for offenders who commit a misdemeanor. By examining the effect of this law on juvenile offenders in Chicago, this paper provides the first empirical estimates of the consequences of recent legislative activity to raise the age of …

Perception Of Police In Public Housing Communities, Taylor Brickley

Theses and Dissertations

Research on the relationship between police and citizens consistently finds that attitudes toward police (ATP) are least positive among black citizens in areas of concentrated disadvantage. While much of the research in this area focuses specifically on ATP among young black males in low-income communities because they have the most contact with police, there has been relatively little research that has included older and/or female residents. Additionally, research has yet to examine ATP in racial and economic enclaves that may have different social and environmental characteristics than the surrounding community. This study utilizes in-depth interviews with 60 residents of two …

Into The Red: A Look Into The Reasons Why Refugees Decide To Flee, Settle Or Migrate To And From Morocco, Fadeelah E. Holivay

Master's Theses

This research paper explores some of the main reasons why refugees and asylum seekers, particularly from sub-Saharan African countries, embark on a journey and decide to settle, flee or migrate to and from Morocco. Because of this phenomenon, Morocco has seen a 96% increase of refugees migrating to the borders of Morocco each year for the past three years. Many say that this astonishing increase of migrants choosing Morocco is due to such factors as: wars breaking out regionally across central African and Middle Eastern countries causing them to flee; Morocco being a culturaly diverse francophone country whose laws and …

The Role Of Violence Within And Across Self-Identified Gang Youth, J. Michael Vecchio

Dissertations

Whether actual (i.e., direct and vicarious victimization) or anticipated (i.e., fear of crime and perceived risk of victimization) violence, gang youth commonly discuss violence in terms of having an important role in both their gang experiences and daily lives. In particular, violence can play an important role within the specific stages of the gang experience – 1) joining, 2) active membership, and 3) leaving. This includes the importance of protection from violence as a common motivator for joining, the utility of violence as a means of building cohesion between active gang members, as well as the importance of exposure to …

Excited Delirium Syndrome And Conducted Electrical Weapons, Adam A. Nielsen

Regis University Student Publications (comprehensive collection)

Excited delirium syndrome (ExDS) is defined as delirium coupled with extreme agitation (Vilke et al., 2012). ExDS is a bona fide medical condition that requires immediate medical attention, as 8% of patients will die from it. Some research only classifies ExDS as "true ExDS" if the subject dies; most research does not and this research does not wish to exclude the 92% of ExDS cases where the subject does not die. ExDS is well known because it oftentimes comes into play during and after a violent encounter with law enforcement. Because over 7,000 U.S. law enforcement agencies use TASER© brand …

Building The 21st Century Legal Resource Center & Law Library, Portland State University. Hatfield School Of Government. Center For Public Service, Mark G. Harmon, Shannon Grzybowski, Bryan Matthew Thompson, Stephanie Cross

Center for Public Service Publications and Reports

A Report on the Current Status of the Multnomah County’s Law Library and Recommendations for Addressing the Needs of Current Patrons.

Nebraska Department Of Correctional Services Reentry Initiative Vocational & Life Skills Program Grant Announcement - Application For Funding, Uno Nebraska Center For Justice Research

Reports

The NDCS Reentry Initiative involves a systemic approach for individuals to return to their communities. Reentry is not a “program”, it is an intentional mind-set; it is a method of facilitating the incarcerated and/or supervised individual’s return to his/her community as a productive and law abiding citizen.

Successful reentry:

 Provides increased public safety by reducing the number of victims

o This is achieved by reducing the likelihood of continued criminal behavior, essentially lowering the recidivism rate

 Provides a plan for assessing and addressing risks and needs

o This plan involves a reentry-focused case management system from first contact …

Empirical Assessment Of Risk Factors: How Online And Offline Lifestyle, Social Learning, And Social Networking Sites Influence Crime Victimization, Ashley Bettencourt

Master’s Theses and Projects

As technology and social media become more intertwined with our everyday lives, people are more exposed to various types of victimizations. The purpose of this study is to examine how our online and offline lifestyle choices can contribute to our risk of becoming a sexual crime victim. A random sample of college students from a Massachusetts college was used to gather the necessary information. This survey data was analyzed based on major theoretical components derived from the lifestyle exposure and social learning perspectives. This study determined that both online and offline lifestyle and social learning theory have a substantial impact …

The Day Of The Cyber Wolf, Ryan K. Buch

Regis University Student Publications (comprehensive collection)

Terrorism has become a concern for public safety and security and can take on many appearances. However, in recent years the dilemma that presents the most substantial endangerment to public security comes from the threat of leaderless terrorists, also known as "lone wolves." Due to the rapid advancement in technology over the past few decades, societies, specifically the United States, have become dependent upon it economically and socially. Terrorist organizations, as well as the lone wolf terrorist, understand that their enemies rely on technology in order to function and have recently redirected their efforts towards cyberspace. As a result, cyber-terrorism …

Private Police In The Public Safety Domain: Purpose And Practice, Carl Dwain Terry

Regis University Student Publications (comprehensive collection)

Abstract: The study presents a qualitative exploration and description, through content analysis, of the shift to the combined (private and public) police forces approach in the pursuit of public peace and security. The aim of which is to reveal private police alternatives and viewpoints to maintaining peace and security not yet practiced by unapprised jurisdictions. The effort contextualizes the topic in a framework which explores and attempts to resolve the issue of the veracity of the shift by examining the current state and conditions prompting the shift and future trends relative to its continuance. Formations of private police operations in …

Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo, David Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

On 9 March 2011, Governor Patrick Quinn abolished capital punishment in Illinois stating that the state’s system of imposing the death penalty was inherently flawed. Quinn’s announcement followed an eleven-year effort to end the death penalty that began with a 2000 moratorium on executions imposed by then Governor George Ryan. This moratorium was the direct result of the appellate reversal of a series of death-row convictions. Prompted by these reversals, Ryan also created the Governor’s Commission on Capital Punishment to study the use of the death penalty in Illinois. As a result of this effort, comprehensive legislation was enacted to …

El Crecimiento De Narcotráfico En Rosario: Violencia Disciplinada Y La Resistencia Social Frente A Este Sistema / The Growth Of Narcotrafficking In Rosario: Disciplined Violence And The Social Resistance To Resist This System, Caitlyn Yates

Independent Study Project (ISP) Collection

The theoretical framework behind drug trafficking has thus far failed to mention the relationship between the growth of narcotics trafficking and structural violence. Using Farmer’s structural violence and the Foucauldian concept of biopolitcs, this paper explains the recent growth of narcotics trafficking in Rosario, Argentina. A more holistic approach to the complexity of the drug trafficking phenomenon arises by analyzing the effects of governmental corruption, relaxed politics, the criminalization of the poor, and the recent economic boom. Though this phenomenon is rather recent, the governmental and civilian resistance has none the less mobilized. Taking the theories of Farmer and Galtung …

Are You Trying To Recruit Suicide Bombers Or Something?, Suzanne Weedon

Criminal Justice

Suicide terrorism has been extensively studied, although few researchers have been able to arrive at definitive conclusions. Often overlooked is the explanatory potential of evolutionary psychology. This study presents an evolutionary model of suicide terrorism using the principles of kin selection theory and inclusive fitness and offers several predictions about suicide terrorists. To test these predictions, an experimental design was constructed in which participants randomly received one of nine separate scenarios in which they were told that they were a member of a marginalized ethnic group and asked if they would be willing to commit a suicide bombing against their …

The Constitutionality Of Warrantless Cell Phone Searches: Incident To Arrest, Kylie Brown

HIM 1990-2015

As technology has developed, Americans have come to carry their most private information around with them in their pockets in digital form on their cell phones. A cell phone has immense storage capacity and can contain a wide variety of communicative information about its owner. In the past, there had been a disagreement among the lower courts as to whether police officers could search the contents of an arrestee's cell phone when making an arrest. The United States Supreme Court settled this disagreement in Riley v. California; in that case, the Court held that the warrantless search of a cell …

Examining The Effects Of Nebraska's Good Time Laws - Research Brief, Benjamin M. Steiner, Calli M. Cain

Reports

The purpose of this research brief is to summarize the findings of a study of Nebraska’s good time laws conducted by Dr. Benjamin Steiner and Calli Cain for the Nebraska Center for Justice Research at the University of Nebraska-Omaha. An electronic copy of the full report can be accessed through the link at the end of this brief. This brief lists each of the three specific research questions, the primary findings for each question, and the major conclusion from each set of findings. Please refer to the full report for the executive summary, full findings, and methodological details of the …

Examining The Effects Of Nebraska's Good Time Laws - Final Report, Benjamin M. Steiner, Calli M. Cain

Reports

Sentencing credit laws provide opportunities for inmates to gain a reduction in their prison sentence, and such laws have at least four intended goals: 1) reducing prison populations; 2) promoting prosocial behavior during imprisonment by offering inmates incentive for good behavior and/or deterring them from engaging in antisocial behavior; 3) reducing recidivism by providing offenders incentive for good behavior and participation in rehabilitative programming; and, 4) lowering correctional costs (Lawrence & Lyons, 2011; Weisburd & Chayet, 1989).

The state of Nebraska currently has a sentencing credit law that automatically awards good time credits to inmates. The study described in this …

Trends In Young Adult Male Incarceration Admissions In Nebraska, Jonathan R. Brauer

Reports

Contents: Notes/Acknowledgements; Executive Summary; General Admission Trends; Admissions by Race/Ethnicity; Admissions by Offense Type; Average Sentence Lengths; and Estimated Incarceration Costs.

Examining The Effects Of Nebraska's Good Time Laws: Final Report, Benjamin M. Steiner, Calli Cain

Reports

Sentencing credit laws provide opportunities for inmates to gain a reduction in their prison sentence, and such laws have at least four intended goals: 1) reducing prison populations; 2) promoting prosocial behavior during imprisonment by offering inmates incentive for good behavior and/or deterring them from engaging in antisocial behavior; 3) reducing recidivism by providing offenders incentive for good behavior and participation in rehabilitative programming; and, 4) lowering correctional costs (Lawrence & Lyons, 2011; Weisburd & Chayet, 1989). The state of Nebraska currently has a sentencing credit law that automatically awards good time credits to inmates. The study described in this …

Examining The Effects Of Nebraska's Good Time Laws: Research Brief, Benjamin Steiner, Calli Cain

Reports

The purpose of this research brief is to summarize the findings of a study of Nebraska’s good time laws conducted by Dr. Benjamin Steiner and Calli Cain for the Nebraska Center for Justice Research at the University of Nebraska-Omaha. An electronic copy of the full report can be accessed through the link at the end of this brief. This brief lists each of the three specific research questions, the primary findings for each question, and the major conclusion from each set of findings. Please refer to the full report for the executive summary, full findings, and methodological details of the …

Trends In Young Adult Male Incarceration Admissions In Nebraska, 2000-2013: Final Report, Jonathan R. Brauer, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

No abstract provided.

Morphometric Assessment Of The Internal Auditory Canal For Sex Determination In Subadults Using Cone Beam Computed Tomography (Cbct), Saoly Benson

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study reports on the use of three methods for sex determination in subadults using the petrous portion of the temporal bone. The purpose of this study was to validate and refine two previously published methods of sex determination for the internal auditory canal as well as to develop a novel method. The sample was comprised of 276 cone beam computed tomography (CBCT) scans of a population of subadults age 6-24 (165 females, 111 males) divided into 5 age groups for analysis: Group 1 (age 6-10), Group 2 (age 11-13), Group 3 (age 14-16), Group 4 (age 17-19), and Group …