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 …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

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 …

The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra

Doctoral Dissertations and Projects

This study will examine the relationship between juvenile transfer laws, certified juveniles, the criminal justice system, and the potential collateral consequences juveniles face when subjected to juvenile transfer laws. To obtain a deeper understanding of the impact of juvenile transfer laws and their potential collateral consequences, a qualitative study will be conducted utilizing several methods of data collection to include interviews; observations; and textual analysis of adult 1, adult 2, and criminal justice practitioners, to include, jail administrator, corrections officer, police, probation and parole officer, prosecuting attorney, and DOC staff. In the interview process, information will be gathered to contribute …

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 …

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 …

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 …

Extraction Of Challenging Forensic Samples Using The Microgem Dna Extraction Kit, Falyn R. Vega

Student Theses

In forensic science, DNA extraction can be a tedious and resource-intensive process. Extraction with Proteinase K is an industry standard but has its drawbacks, such as requiring multiple ionic detergents and washing steps. MicroGEM has developed a new enzyme called forensicGEM that is temperature-dependent and compatible with mesophilic enzymes, offering complete DNA extraction in about 20 minutes in a single tube, limiting contamination, loss of sample, and working time. ForensicGEM can extract DNA from highly degraded samples, potentially leading to more complete STR profiles. Highly degraded tissue and bone samples were collected and extracted with the forensicGEM …

Identification Of Different Hair Dyes In Dyed Hair Using Attenuated Total Reflectance (Atr Ft-Ir), Surface Enhancing Raman Spectroscopy (Sers) Techniques, Nicholas Lovera

Student Theses

This investigation compares the ability of Attenuated Total Reflection Fourier Transfer Infrared Spectroscopy (ATR FT-IR) and Surface Enhance Raman Spectroscopy (SERS) to identify and differentiate different hair dye brands on dyed hair samples. Hair is a common type of trace evidence found at crime scenes and can provide numerous information through forensic hair analysis. Cosmetic hair treatment such as dying the hair different colors has grown and became popular, thus it can be a very common type of trace evidence. This study can provide a forensic scientist an additional method for analyzing dyed hair samples. The goal was to compare …

Open Fire: The Expansion Of 9mm Hollow Point Bullets In Relation To Tissue Thickness, Abigail Wilson

Student Theses

Bullets can be broadly differentiated into jacketed and unjacketed groups. Jacketed ammunition can be further broken down based on the bullet’s design, one of which is hollow points. This research examines a representative brand of jacketed hollow point bullets used in a common caliber cartridge, the 9mm Luger. A jacketed hollow point bullet is designed to expand when it encounters a viscous medium such as tissue. This experiment simulated tissue using ballistic gelatin and simulated skin using a chamois overlay. As a positive and negative control, a series of bullets were fired into a full-size block of gelatin to achieve …

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 …

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, …

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 …

A New Pipeline: Building A Transformative Leadership Pipeline For Formerly Incarcerated Individuals, Jackie Aguilar

Master's Projects and Capstones

While developing leadership roles for employers is critical to running an effective organization, building a bridge for those who have directly lived experiences regarding its mission is critical. Bringing back community members you have served to your organization is highly recommended and essential. This capstone research report will focus on building a leadership pipeline for formerly incarcerated individuals within the nonprofit sector. Returning community members can often be tokenized and are never given the tools and resources to develop as a leader. This report will outline the barriers formerly incarcerated individuals face while providing a foundation on the importance of …

Social Creatures: The Impact Of Solitary Confinement On Psychophysiological Health And How Inmates Percieve Their Humanity And Social Well-Being, Julia Austin

Honors Projects

This paper will define and examine the use of solitary confinement within the United States prison system and review its mental, physical, and social impacts. As social creatures, human mental and physical well-being depends on meaningful social interactions absent in segregation units. As it currently stands, vulnerable populations, including racial minorities, LGBTQIA+ individuals, and those with developmental disabilities or psychological disorders, are at risk of irrevocable harm and abuse within these facilities from staff as well as other inmates. With a rotating 80,000 inmates held in solitary confinement every day, the current structure of the prison system deemphasizes rehabilitation and …

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 …

At The End Of Life: Conceptualizing Human Dignity And Assisted Suicide Debates In Contemporary Germany, Edith-Marie Green

Honors Theses

As medicine improves and breakthroughs on cures for illnesses formerly thought deadly continue to develop, the global population continues to age. This has introduced new concerns about aging and end-of-life health care. One proposed end-of-life healthcare solution is assisted suicide, although the practice is not without its controversies. The case of assisted suicide in Germany is of particular interest for a variety of reasons, and the practice has not had an easy path there. A series of debates in 2015 led to the practice being banned, but that ban was overturned in 2020 by Germany’s Constitutional Court. While assisted suicide …

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 …