Legal Studies Commons^™

Yale Program On Financial Stability Lessons Learned: Scott Alvarez, Esq., Alec Buchholtz, Rosalind Z. Wiggins

Journal of Financial Crises

Alvarez, who was General Counsel of the Federal Reserve System, Board of Governors during 2007-2009, gives us his take on how best to prepare for future crises.

The Lehman Brothers Bankruptcy G: The Special Case Of Derivatives, Rosalind Z. Wiggins, Andrew Metrick

Journal of Financial Crises

When it filed for bankruptcy protection in September 2008, Lehman Brothers was an active participant in the derivatives market and was party to 906,000 derivative transactions of all types under 6,120 ISDA Master Agreements with an estimated notional value of $35 trillion. The majority of Lehman’s derivatives were bilateral agreements not traded on an exchange but in the over-the-counter (OTC) market. Because derivatives enjoyed an exemption from the automatic stay provisions of the U.S. Bankruptcy Code, parties to Lehman’s derivatives could seek resolution and self-protection without the guidance and restraint of the bankruptcy court. The rush of counterparties to novate …

The Lehman Brothers Bankruptcy F: Introduction To The Isda Master Agreement, Christian M. Mcnamara, Andrew Metrick

Journal of Financial Crises

When Lehman Brothers Holdings, Inc. (LBHI) sought Chapter 11 protection, the more than 6,000 counterparties with which its subsidiaries had entered into over 900,000 over-the-counter (OTC) derivatives transactions faced the question of how best to respond to protect their interests. The existence of standardized documentation developed by the International Swaps and Derivatives Association (ISDA) for entering into such transactions meant that the counterparties likely thought that they were dealing with a well-defined and robust set of options in answering this question. Yet, in practice, the resolution of Lehman’s OTC derivatives portfolio ended up being less orderly than the existence of …

The Lehman Brothers Bankruptcy E: The Effects On Lehman’S U.S. Broker-Dealer, Rosalind Z. Wiggins, Andrew Metrick

Journal of Financial Crises

Lehman’s U.S. broker-dealer, Lehman Brothers Inc. (LBI), was excluded from the parent company’s bankruptcy filing on September 15, 2008, because it was thought that the solvent subsidiary might be able to wind down its affairs in a normal fashion. However, the force of the parent’s demise proved too strong, and within days, LBI and dozens of Lehman subsidiaries around the world were also in liquidation. As a regulated broker-dealer, LBI was required to comply with the Securities and Exchange Commission financial-responsibility rules for broker-dealers, including maintaining customer assets separately. However, the corporate complexity and enterprise integration that characterized the Lehman …

Social Constructionism And Cultivation Theory In Development Of The Juvenile “Super-Predator”, Elizabeth R. Jackson-Cruz

USF Tampa Graduate Theses and Dissertations

The myth of the “super-predator” offender was adopted by newspaper media in the mid-1990s characterizing “violent”, urban, and minority juvenile offenders. The phrase originated from newspaper headlines of the 1980s and 1990s, but limited research has identified whether this con-struct predated DiIulio and Fox’s crime surge prediction. This study sampled juvenile crime news items from The Chicago Tribune, The Los Angeles Times and The New York Times (N=2,008) 1985-1995 with defined search criteria of juvenile actors, “violent” juvenile crime, and/or juvenile drug crime. A descriptive analysis of the data determined reporting trends sought for a “period effect” caused by the …

Mass Shootings And Gun Sales: A Study On The Influence Of Red And Blue Power, Maria Jose Rozo Osuna

USF Tampa Graduate Theses and Dissertations

Mass shootings are one of the most discussed issues in American society. While it is evident who the main victims are, the impact of such an event reaches far beyond the lives that were directly impacted. One of the main effects mass shootings have been found to have is a spike in gun sales (Wallace, 2015; Studert et. al., 2017 ; Turchan et. al., 2017). This finding has been found time and time again by academic and non-academic researchers, and it is one of the most commonly believed ideas regarding the effects of mass shootings (Aish & Keller, 2016). The …

Meaning-Making Through Narrative: Extending Narrative Analysis For Criminological Examination Of Documentary Film, Charissa Crépault Weir

Qualitative Criminology (QC)

"In this paper, I demonstrate how an understanding of narrative and the tools of narrative analysis can help criminologists unpack the techniques of meaning-making employed in media representations, including documentary films about imprisonment. Since media help to shape, though do not determine, public perceptions of crime and criminal justice, it is useful for criminologists to examine not just media content (i.e. what is said), but also how media constructions advance arguments that are presented as self-evidently true. Narrative structure offers one way for journalists to organize content in a persuasive and emotionally appealing manner and to embed arguments and interpretations …

The Effects Of Inconsistent Jailhouse Informant Testimony On Jury Decision Making, Jake Davis, Anna Mcalpin, Danielle Deloach

Research Horizons Day Posters

No abstract provided.

The Social Camouflage And Everyday Masks Of The Constyle Serial Rapist: A Sociological Analysis Of Newspaper Accounts, Clara Fesmire, Thomas Vander Ven, Lauren Wright

Qualitative Criminology (QC)

"Research suggests that serial rapists use more sophisticated techniques and possess more specialized awareness than average single-victim offenders (Park, Schlesinger, Pinizzotto & Davis, 2008). Although there is a substantial body of literature on the attack styles of offenders, data and theoretical models on the interactional styles and performance rituals of serial rapists are relatively scarce. The current study uses a qualitative analysis of major American newspaper accounts to discuss the behavioral patterns and performance styles of the con-style serial rapist as depicted by crime reporters. The con rapist uses deceptive persuasion and everyday disguises ( e.g., posing as a police …

Harlem Pimps' Accounts Of Their Economic Pathways And Feelings Of Insiderness And Outsiderness, Amber Horning, Christopher Thomas, Sara Jordeno

Qualitative Criminology (QC)

"This study analyzes semi-structured interviews with 85 pimps in New York City to explore how pimps discuss their economic pathways - i.e., how their pimping leads to distinct types of work outcomes and how they discuss their associated feelings and attitudes. We compare younger (18-23) to older (24-67) pimps, anticipating that younger participants would be more adaptive and produce discourse less entrenched in outsider thinking. Pimps' movements between licit and illicit work worlds mirror those of drifters (Matza, 1964) and align with Murphy and Robinson's (2008) concept of maximizers (i.e., economically benefiting from both work worlds simultaneously). Younger pimps, despite …

Jeff Ferrell, Drift: Illicit Mobility And Uncertain Knowledge, Travis Milburn

Qualitative Criminology (QC)

"Today, one does not have to look hard for examples of populations in flux. From war refugees abandoning familiar lands for safety to migratory workers in search of economic opportunities, drift is not only a defining feature of the contemporary world, but it is indeed a global phenomenon. In Jeff Ferrell's Drift: Illicit Mobility and Uncertain Knowledge, we see drift in action in North America and experience the history of hoboing through a cultural, social, and political narrative. While there are many readily accessible examples of the phenomenon of drift in the world, this book shows that drift is …

Ethnic Police Humor As Ethnic Boundary-Making In The Swedish Police Force, Sara Uhnoo

Qualitative Criminology (QC)

"All professions display their own specific humor shaped by the occupational culture, type of work, and working conditions defining them. In this article, the role of ethnic jokes and banter in police humor, including their functions and consequences, are investigated drawing upon interviews with Swedish police employees from an ethnic minority background. A typology is developed containing six distinct types of ethnic police humor. Based on it, some of the ways in which ethnic boundary-making occurs and operates within the Swedish police force are analyzed. The consequences of ethnic humor for police work both internally within the police organization and …

Hearing On The Deaf Penalty: The Intersection Of Deafness And Criminal Justice, Kabrianna Tamura, Elaine Gunnison

Qualitative Criminology (QC)

"The Deaf population in America's criminal justice system is far under-acknowledged, researched, and accommodated. Each year, gross negligence toward Deaf individuals results in exponentially costly lawsuits regarding violations of their constitutional and Americans with Disabilities Act (ADA) rights. The purpose of this study is to empirically identify the current deficits experienced by the Deaf within the criminal justice system through 18 qualitative interviews with two sub-populations: Deaf individuals who have directly interacted with the criminal justice system and professionals who witness the interaction of the Deaf within the criminal justice system. Results from the qualitative investigation revealed that the top …

Frameup: An Incriminatory Attack On Storj: A Peer To Peer Blockchain Enabled Distributed Storage System, Xiaolu Zhang, Justin Grannis, Ibrahim Baggili, Nicole Lang Beebe

Electrical & Computer Engineering and Computer Science Faculty Publications

In this work we present a primary account of frameup, an incriminatory attack made possible because of existing implementations in distributed peer to peer storage. The frameup attack shows that an adversary has the ability to store unencrypted data on the hard drives of people renting out their hard drive space. This is important to forensic examiners as it opens the door for possibly framing an innocent victim. Our work employs Storj as an example technology, due to its popularity and market size. Storj is a blockchain enabled system that allows people to rent out their hard drive space …

Construction Of A Reference Allelic Ladder For An Odocoileus Str Multiplex, Jolene Strand

Master's Theses

Odocoileus is a genus of Cervidae (deer) consisting of white-tailed deer (Odocoileus virginianus, Zimmerman, 1780), mule deer (Odocoileus hemionus, Rafinesque, 1817) and blacktailed deer (Odocoileus hemionus hemionus, Rafinesque, 1817). Hunting Odocoileus is only legal with proper permits according to laws that dictate when, where, how, and what can be hunted. Anything outside the legal limits is considered to be poaching. A useful tool for investigating poaching cases is Short Tandem Repeat (STR) DNA analysis. This is commonly used in human forensic casework to link DNA evidence found at crime scenes to either victims or suspects. In poaching cases, it can …

The Potential Interference Of Body Products And Substrates To The Identification Of Ignitable Liquid Residues On Worn Clothing, Gina Guerrera, Erika Chen, Robert Powers, Brooke Weinger Kammrath

Forensic Science Publications

The question of whether deposits on clothing as well as their chemical composition are being mistaken for ignitable fluids is a concern for forensic analysts. Body products and oil secretions can have similar chemical profiles to ignitable liquid residues (ILRs) as a result of comparable chemical compounds that may be found in both sources. This study investigated whether substrates of unworn and worn clothing, with endogenous body secretions and body products could interfere with ILR analysis. Sample extraction was completed by passive headspace concentration with activated charcoal strips (ACS) and desorption with carbon disulfide followed by analysis with gas chromatography-mass …

Perceptions About Sexual Offenses: Misconceptions, Punitiveness, And Public Sentiment, Laura L. King

Criminal Justice Faculty Publications and Presentations

Decades of research on public opinion about crime reveal varying, yet relatively punitive attitudes that are often riddled with misconceptions. Sparked by the increased media and legislative attention devoted to sex offenders beginning in the 1990s, researchers began to more closely examine public opinion about sexual offenses. Findings suggest the public adheres to several misconceptions about sexual offenses and supports harsh sanctions for offenders. However, further research is warranted to more closely examine the relationships among these variables. Thus, the goal of the present study was to survey Pennsylvania residents to examine the degree to which misconceptions about sexual offenses …

Prosecuting The Executive, Tiffany R. Murphy

San Diego Law Review

A special counsel is appointed to investigate and potentially prosecute any criminal activity involving those in the Executive Branch. When an attorney general makes such a decision, the individual should consider not only the scope of the appointment but whether the special counsel will protect the fundamental rules of law upon which the Constitution rests; no one person is above the law. Recent history illustrates the abuses of the special prosecutor’s role where it was used as a political weapon or for low level officials. Instead, a special counsel should be used only when the crisis is severe enough that …

The Case For Varying Standards Of Proof, Gustavo Ribeiro

San Diego Law Review

This Article defends a system with a greater variation in the number of standards of proof than we currently have as both normatively and descriptively valuable. Standards of proof are mechanisms for allocating the risk of factual error between parties. For example, the heightened “beyond a reasonable doubt” standard in criminal cases reflects an aspiration for a legal system erring more in favor of mistaken acquittals than mistaken convictions. Surprisingly, we then assign the same standard to very different cases under the justification that we accept, or should accept, the same error-distribution for those cases. This Article argues that, however …

Vocational And Life Skills Monthly Data Update: March 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …