Legal Studies Commons^™

Holmes, Humility, And How Not To Kill Each Other, John D. Inazu

Scholarship@WashULaw

Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In the century since Abrams, we have witnessed changes in society, technology, and politics that have shaped and reshaped the contours of our First Amendment landscape. But not everything has changed — some aspects of our human experience remain remarkably similar to the context in which Holmes wrote. One unchanged aspect of the human condition is our inability to know with certainty. Confronted with this reality in his own day, Holmes at times gestured toward a foundationless relativism. But even …

Informal Judicial Hierarchies: Case Assignment And Chamber Composition At The European Court Of Justice, Jens Frankenreiter

Scholarship@WashULaw

Is there a rationale behind non-random case assignment at the European Court of Justice (ECJ)? I argue that the flexible system of case assignment acts as a surrogate for a full-fledged judicial hierarchy, ensuring that the decision-making of the Court reflects the preferences of the majority of judges absent many hierarchical elements commonly observed in other judicial systems. I empirically test this hypothesis using Monte Carlo simulations of the composition of chambers during the time period 2009-2012 under alternative case assignment regimes. To proxy for judicial ideology, I use information on the political preferences of appointing Member State governments vis-à-vis …

Law School Specialty Program Rankings: Is The Tail Wagging The Dog?, Robert R. Kuehn

Scholarship@WashULaw

In addition to its annual ranking of law schools, U.S. News ranks nine law school specialty programs. This year, U.S. News asked survey participants to rate specialty programs on a new 5-point scale mirroring the method used to assess the academic reputation of schools among peers and lawyers/judges. The program rankings show a noticeable bunching of law schools ranked highest by U.S. News also at the top of most specialty programs and an overpopulation of lowest ranked schools at the bottom.

To examine the strength of the relationship between a school’s peer assessment and specialty program reputation, scores for each …

Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy

Scholarship@WashULaw

This essay analyzes the challenges to legal education and what those challenges may mean both to clinical legal education and to clinical scholarship. Since the Great Recession, several law schools have closed, some have merged, and still other law schools approved by the American Bar Association (ABA) have been found out of compliance with ABA Accreditation Standards and either have been directed to take specific remedial action, have been placed on probation, or have lost ABA-approval. While enrollment has rebounded at some law schools, other law schools have continued to experience much smaller entering classes than the entering class in …

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Scholarship@WashULaw

In July 2016, Michael Cohen, then presidential candidate Donald Trump’s lawyer, secretly recorded Trump discussing how they would use the publisher for the National Enquirer to purchase former Playboy model Karen McDougal’s story about an alleged affair with Trump in order to stop it from becoming public before the 2016 presidential election. The National Enquirer’s publisher purchased McDougal’s story in August 2016. In a similar move to quash another alleged affair from going public in October 2016, Cohen set up a corporation to purchase adult film star Stormy Daniels’s story of her affair with Trump. Trump was elected President in …

Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy

Scholarship@WashULaw

This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.

A Study Of The Relationship Between Law School Coursework And Bar Exam Outcomes, Robert R. Kuehn

Scholarship@WashULaw

The recent decline in bar exam passage rates has triggered speculation that the decline is being driven by law students taking more experiential courses and fewer bar-subject courses. These concerns arose in the absence of any empirical study linking certain coursework to bar exam failure.

This article addresses speculation about the relationship between law school coursework and bar exam outcomes. It reports the results of a large-scale study of the courses of over 3800 graduates from two law schools and the relationship between their experiential and bar-subject coursework and bar exam outcomes over a ten-year period. At both schools, the …

Corporate Stewardship, Danielle D'Onfro

Scholarship@WashULaw

Harnessing strategies both ancient and modern — hostages, surety, gatekeepers, and blame — this Article proposes a new tool for achieving more efficient corporate compliance. It begins with the premise that a handful of well-known factors, including agency costs, misaligned time-horizons, cognitive biases, and insufficiently deterrent legal regimes sometimes cause companies to ignore important public safety obligations even when those obligations are cost-effective and welfare-maximizing. The result is systemic undercompliance with certain regulatory obligations. Despite the seriousness of this problem, currently available options for motivating compliance mostly fail to make public-safety regulations sufficiently salient to the individuals who perform the …

Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner

Scholarship@WashULaw

Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …

Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner

Scholarship@WashULaw

Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …

Hate Crimes And Discrimination Against Jews: The Anti-Semitism Phenomenon In The 21st Century, Jon Zemke

Theses and Dissertations

Hate Crimes and Discrimination against Jews: The Anti-Semitism Phenomenon in the 21st Century. Jonathon Zemke, 2018: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. The purpose of this study is to compare the perceptions and opinions of Jewish and non-Jewish adult in Virginia Beach, Virginia regarding Jewish hate crimes, discrimination, the safety of the Jewish population, and general beliefs about the Jewish faith. The study set out to provide an evaluation of opinions regarding hate crimes, discrimination, personal safety, and anti-Semitic propensities among the Jewish population (n=77, 45.29%) compared to the non-Jewish respondents (n=93, 54.71%) examined in …

A Multiple Case-Study Approach To Examine Police Officers Perceptions On Narcan® Policies, Casey Gnann

Theses and Dissertations

In October 2017, President Trump officially declared the opioid epidemic to be a public health emergency. Reports from the CDC indicate that over 140 Americans die per day as a result of an opioid overdose (NPR, 2017). This statistic alone highlights the tragic effects of the current opioid climate. To date, an abundance of research has been conducted on opioid addicts, family members, doctors approach to addiction, etc. However, there is a gap in the research regarding law enforcement officers and their ever-changing role in the fight against opioids. As the opioid epidemic has continued to worsen, many law enforcement …

Respect And The Role It Plays In Explaining The Disproportionate Number Of African-Americans Incarcerated, Tina B. Craddock

Theses and Dissertations

This was a quantitative research study that examined the roles respect and self-esteem play within the African American population. There is no disagreement among social scientists that there is a disproportionate number of African Americans incarcerated. This study attempts to offer one possible explanation. This was a quasi-replication of a study conducted nearly two decades ago using African American adolescent males between the ages of 14 to 18. This research study identified a sample population consisting of African American males and females between the ages of 18 and 50. A cross-sectional analysis was utilized using convenience sampling. The research instruments …

Violent Offenders And Assaults On Staff Members, Lisa Gentry Long

Theses and Dissertations

Violent Offenders and Assaults on Staff Members. Dissertation, Nova Southeastern University, Fischler College of Education, School of Criminal Justice Department. Descriptors: Violence, violent offenders, violent inmates, corrections, prisons, assaults, correction officers, staff members.

Prison facilities are an integral part of the criminal justice system. Prisons are meant to provide punishment, deterrence and rehabilitation for inmates that are serving time. Prisons across the country are understaffed due to many reasons. It is important for staff members to be trained on how to keep themselves and inmates safe when they are behind the walls of these facilities. Staff members are in positions …

An Analysis Of Selected Clusters Of Fires In Florida (1996 - 2018), Thomas Riley Hall

Theses and Dissertations

Hidden within the day-to-day routine responses of fire departments are possible multiple fires set by individuals in a small area with an unusual frequency. These fires may be the initial announcement of an emerging serial offender who is declaring a wound, an intolerable life situation, or is triggered by unknown events. This study sought to predict incendiary fires within a known cluster by using observable variables, both prior to and after the cluster event. This was done to further our understanding of the characteristics of clusters of intentionally lit fires. This was accomplished by examining the Florida Fire Information Reports …

Federal Offices Of Inspectors General: The Relationship Between Per Capita Staffing Levels And Performance Results, Craig Yuen

Theses and Dissertations

Each year, the federal government spends trillions of dollars on operations and in awarding contracts, grants, loans, and other forms of financial assistance. Federal Offices of Inspectors General (OIGs) are charged with auditing and investigating fraud, waste, abuse, and misconduct affecting the government. There are 73 such OIGs – 40 of which have law enforcement authority and oversight responsibilities for a parent agency – and each is a separate organization with varying staffing levels and performance results. This study examined, on a per capita level, the relationship between staffing levels and performance results (criminal charges filed, financial recoveries, and questioned …

Law Enforcement Officer Body-Worn Camera Perceptions: Pre And Post Deployment, Benjamin Aaron Straight

Theses and Dissertations

The 2014 fatal police shooting of Michael Brown resulted in (a) a national outcry for police departments to deploy body-worn cameras; and (b) community members and politicians demanding more transparency in the governmental administration of police work. Despite the increased media attention and deployment of body-worn cameras, there is little research on how law enforcement officers perceive body-worn cameras.

The Miami-Dade Police Department implemented a mandatory body-worn camera program on April 20, 2016. The department agreed to a partnership to conduct research on their officers' body-worn camera perceptions. The department internally distributed an electronic survey to 3,313 sworn officers and …

The Deaf & Law Enforcement Listening Though Deaf Eyes: A Grounded Theory Approach, John L. Garner

Theses and Dissertations

This paper examines the perceived and practical schism between deaf society and the police when the deaf attempt to obtain police services. The paper challenges current police culture and operating procedures, which tend to marginalize deaf society and largely ignore the mandates contained in the Americans with Disabilities Act (ADA). This qualitative research project is focused upon perceived law enforcement practices and culture through a multi-layered study of police customs, law, policy, and standard operating procedures as experienced, perceived, and reported by deaf individuals.

A constructivist grounded theory approach was used to examine the way law enforcement is perceived by …

“I’M The Greatest”: Pride, Impression Management, And Denial Of Coercive Control And Physical Abuse By Perpetrators Of Intimate Partner Violence, Benjamin Reissman, Kendra Doychak M.A., Angela Crossman Ph.D., Chitra Raghavan Ph.D.

Student Theses

Coercive control and physical abuse are two prominent forms of intimate partner violence (IPV), often accompanied by with impression management to conceal such behavior. However, intrinsic motives for engaging in impression management by male IPV offenders are not well-known. The present study makes use of archival data from 85 heterosexual men in a batterer treatment program to gauge how pride, shame, and guilt may relate to impression management and reported IPV. Admission to shame and guilt appear to be correlated with and predictive of both forms of reported abuse, along with the absence of impression management. This implies that internalized …

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire

Faculty Publications

Trinidad and Tobago has more than 100 criminal gangs, some of which engage in high levels of homicide and violence. Recent research has shown that gang members in Trinidad and Tobago are more likely than nongang members to be arrested for violent, property, and drug crimes. As gangs continue to proliferate throughout the Caribbean, there is a pressing need to understand the nature of these gangs and their impact on the communities in which they are entrenched. Using data from interviews with community members, police officials, and gang members, as well as ethnographic observations from 10 high crime, predominantly Black …