Legal Studies Commons^™

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

A Historic Review Of Community Policing & The Implementation Issues We Have Faced, Emily Bell

University Honors Theses

Community Policing has existed around the world for decades, despite becoming increasingly popular in the later 1990s and early 2000s in the United States. There have been multiple ways that the United States has tried to implement community policing, which this paper will review. Starting in the 1960s when the 12th street race riots caused Lyndon B. Johnson to publish government reports calling for an overhaul of policing and an increased focus on community relations, and looking all the way to 2014, when President Barack Obama created the Task Force on 21st Century Policing, which also put out a report …

Good State, Bad State: Gender, Multiculturalism And Religious Law In India, Rina V. Williams

Future Journal of Social Science

What role(s) can the state play when cultural rights come into conflict with women’s rights? This article compares conceptions of the state in the normative literature against two empirical cases of multicultural debate in modern India: Islamic law in the 1980s and Hindu law in the 1950s. I find that three conceptions of the state found in the normative literature—oppressive, facilitative, and vacated states—are only partially supported in the empirical cases, which proffer some support for the state as oppressive, but little or none for the state as facilitative or vacated. They also indicate a fourth model …

The Punitive Laboratory Of Neoliberalism: A Cross-National Examination, Beth A. Fera

Dissertations, Theses, and Capstone Projects

A large body of research has been produced to explain global punitive trends in recent decades. Neoliberalism, an economic philosophy expressed by market deregulation, privatization, and the retrenchment of social supports, has been offered as an explanation for increases in cross-national punitiveness. According to neoliberal penality theory, neoliberalism has shifted principles guiding punishment practices and the treatment of offenders, which has resulted in harsher national responses to crime. However, many tenets of this theory have not yet been tested empirically. Drawing heavily on propositions from neoliberal penality, group-threat, and penal populism literature, this dissertation examines the relationship between economic shifts, …

Dna Shedding Propensity And Individual Characteristics, Genesis Echavarria

Student Theses

This study attempted to correlate individual biological characteristics to the amount of DNA recovered from a person’s hands (representative of shedding propensity). We used adhesive D-Squame tape to collect DNA from the fingers of more than 100 volunteers with and without controlled activity after handwashing. Two no-activity samples were taken after 30 min from the non-dominant hand and two samples from the dominant hand were collected after 60 min of controlled activity. Involuntary touches during the 60-min activity period were counted. All samples were extracted for DNA, quantitated, and genotyped to detect mixtures. Skin measurements for hydration, sebum, and melanin …

The Relationship Between Sexting Behaviors And Image-Based Sexual Abuse (Ibsa): Does Sexting Predict Ibsa?, Seunghye Yang

Student Theses

With development of technology, Image-Based Sexual Abuse (IBSA), a new type of sexual abuse, has emerged. It is defined as nonconsensually creating nude or sexual images of others; nonconsensually distributing nude or sexual images of others; and threatening to distribute nude or sexual images of others (Henry & Flynn, 2019; Powell et al., 2019). As this is a relatively new phenomenon, risk factors for IBSA are not yet well understood. It has been suggested that sexting may be a risk factor for IBSA as the two behaviors share some common characteristics. For example, both sexting and IBSA involve sending or …

Pathways To Offending: Domestic Sex Trafficking, Julie Williams

Dissertations

Multidisciplinary professionals across criminal justice, public policy, education, and health and

human services have all attempted to understand the complex phenomenon of sex trafficking to assist victims, correct offenders, and prevent future abuse. However, current research has struggled to agree on terms, definitions of terms, best measures of prevalence, and recommendations to address sex trafficking in the United States. This review of current literature aims to offer a synthesized framework to conceptualize domestic sex trafficking perpetrator behaviors (what they do), their uses of force, fraud, and coercion (how they do it), and their motivations and justifications/rationalizations for those behaviors (why …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

Problem Gambling, General-Strain Theory, And Gender, Michelle Malkin

International Conference on Gambling & Risk Taking

Prior research identified a host of factors that increase the likelihood that an individual will become a problem gambler, most of which would be identified by criminologists as “strains” under the framework of General Strain Theory (GST). Yet, GST has not been widely used as a possible explanation for why people become problem gamblers. In addition, there has been little examination of how gender interacts with those variables to affect problem gambling. In this research, I display how propositions from GST provide a framework for understanding why people become problem gamblers and whether gender is a moderating factor in this …

Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse

Major Papers

This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference

No abstract provided.

American Sign Language Legal Interpretation Complications: A Comprehensive Analysis Of Linguistic Barriers Within The Criminal Justice System, Katherine R. Doan

Helm's School of Government Conference

The founding documents of the United States of America tend to be rather universal and impartial in their vernacular. Because all citizens of a nation are deserving of the same rights and privileges regardless of age, race, ethnicity, or disability status, accommodations must be provided to the Deaf to give them equal access to information throughout interrogations, trials, and police interactions. While it may seem obvious that interpreters should be provided during legal situations involving a Deaf individual, visual communication can make legal interactions quite complicated when police or attorneys can only reveal limited details. When Deaf culture involving expansion …

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Adverse Childhood Experiences And Their Correlation To College Major, Rachel Ling Xiu Held

Helm's School of Government Conference

The term adverse childhood experiences or ACEs for short, is well known in many fields of study including criminal justice, psychology, social work, and education. There are a multitude of studies that compare ACEs with other risk factors, use ACEs as a comparison tool with other behavioral issues, as well as linking ACEs to criminality, mental health disorders, and physical health. Adverse childhood experiences (ACEs) have been identified as a key risk factor for a range of negative life outcomes, including a strong correlation in juvenile delinquency and crime. Despite many works regarding adverse childhood experiences and the ACE test, …

Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey

Political Science Undergraduate Honors Theses

The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.

When Scrolling Turns Into Shopping: How Influencers Advertise To Consumers On Tiktok, Amanda E. Graves

Pell Scholars and Senior Theses

Every marketer wants to reach a larger audience and TikTok has become one of the most popular places for advertisers to sell products. Past research shows that social media can be an effective form of advertising because of influencers who seem more genuine in their reviews. My research expands on this to further develop how TikTok specifically helps these influencers reach their target audience and persuade their purchasing decisions to increase sales. Through careful analysis it was revealed that quick links and short-form advertising are allowing the app to experience a high volume of consumer sales. Understanding TikTok’s success can …

Seeking Justice For Jews From Mena Countries Through International Law: Comparing The Cases Of Morocco And Iraq, Jessica E. Yeroshalmi

Student Theses and Dissertations

Little is known of the Jews of Middle Eastern North African (MENA) origin whose long standing history in the region did not protect them from discrimination, persecution, and ethnic cleansing. Although much of the research on contemporary Jewish history and persecution revolves around the Holocaust and European events and its implications for Jews and international law, far less is researched about the uprooting of nearly one million Jews from the MENA region. In this investigation, I aim to reconstruct that narrative, applying international law to Jewish refugees from Arab countries. My thesis will be a comparative analysis of Morocco and …

Public Perceptions And Punishment Of Sex Offenders, Emily R. Ives

Student Theses

Previous research has examined negative public perceptions and attitudes towards sex offenders and, in turn, how sex offenders are punished. The present study aims to build on previous research by examining whether perceptions of sex offenders are impacted by the offender’s relationship to the victim, and how victim perpetrator relationship may impact sentencing. Survey data from n=119 participants was examined. Participants were randomly assigned to one of three relationship conditions (i.e., stranger, acquaintance, or spouse) which was manipulated within a mock article vignette describing a rape incident. Subsequently, participants completed questionaries regarding sentencing of the described perpetrator, as well …

Effects Of Corporal Punishment On Parents, David Martinez, Linda Saleh Borghol

Electronic Theses, Projects, and Dissertations

There has been limited research regarding the effects of corporal punishment on parents. This qualitative study examined the effects of corporal punishment on parents and the reasoning behind their particular discipline practices. The study provides an overview of the thoughts and emotions parents feel before and after utilizing corporal punishment. The data were collected through interviews of parents who utilized corporal punishment as their main form of discipline. We interviewed parents through Zoom meetings in order to gather data that would help this study. Researchers interviewed eight parents who expressed the effects they experienced from utilizing corporal punishment. Analysis of …

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …