Legal Studies Commons^™

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

Center on Children, Families, and the Law: Faculty Publications

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …

Deconstructing “Deviance” And “Disorder” As Systems Of Domination: Chicago Public Schools As A Case Study Of The Effects Of Zero Tolerance Discipline Policies On Educational Outcomes In Us Schools, Maya Kaul

Pomona Senior Theses

The rise of “zero tolerance” discipline practices in US primary and secondary schools has become increasingly well documented by the media and empirical studies. Despite the extensive scholarship that has emerged from these conversations, many of these analyses are limited in their scope and do not connect the phenomena of zero tolerance in schools to the diverse, shifting forces at play within American politics and policy today. As such, the goal of this work is to synthesize ideas about zero tolerance across disciplines by integrating historical thought, philosophical frameworks of punishment, shifting policy goals within the US education system, the …

A Policy Evaluation: Comparing Levels Of Police Injuries Associated With The Use Of Less-Lethal Instruments In Law Enforcement - Conducted Energy Devices Vs. Other Less-Lethal Instruments, Lydia Denise Adkins

Walden Dissertations and Doctoral Studies

Police officers continue to sustain injuries during close proximity encounters with non-compliant and combative suspects. The purpose of this quasi-experimental study was to examine whether the use of less-lethal instruments, such as conducted energy devices, oleoresin capsicum, impact batons, and hands/feet defensive tactic reduced police officer injury during confrontations with uncooperative suspects at a medium-sized police department in a southern state. Fichtelberg's democratic policing was used as the theoretical framework for this study. Data were acquired from Suspect Resistant Reports (n = 409) written by police officers over a 10-year period (1/05 - 12/14). The dependent variable was police officer …

Intelligence Dissemination Among Local, State, And Federal Law Enforcement: The Necessity, Gaps, And Recommendations, Emily Holcomb

Honors Theses

The purpose of this study is to examine how intelligence is gathered in the Southern State Region, identify perceived gaps in the current policies used with this communication and offer potential solutions to intelligence communication flaws. An interview-based research of Southern State Region officers and agents and the support of peer-reviewed academic articles shaped the research in this paper. The results of this research indicated that (a) personal connections between law enforcement agents and federal agents are the backbone of the current process utilized in information sharing, (b) there are gaps when personnel leave their position in office because of …

Comparing The Risk Factors Of Recidivism For Offenders With And Without Mental Illness, Meghan J. Mahoney

Master's Theses

This study examined which risk factors were predictive of recidivism among inmates released from Illinois Department of Corrections (IDOC) who had no mental illness, a non-substance abusing mental illness (non-SUD MI), a substance use disorder (SUD), or a co-occurring mental illness and substance use disorder (COD). The predictors of being returned to prison or being rearrested for a violent, property, or drug crime were compared across these four groups. A secondary data analysis was conducted on data obtained by Olson, Stalans, and Escobar (2016) for a study examining the predictors of recidivism for inmates released from IDOC in 2007. Logistic …

Leveraging The Srtp Protocol For Over-The-Network Memory Acquisition Of A Ge Fanuc Series 90-30, George Denton, Filip Karpisek, Frank Breitinger, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

Programmable Logic Controllers (PLCs) are common components implemented across many industries such as manufacturing, water management, travel, aerospace and hospitals to name a few. Given their broad deployment in critical systems, they became and still are a common target for cyber attacks; the most prominent one being Stuxnet. Often PLCs (especially older ones) are only protected by an outer line of defense (e.g., a firewall) but once an attacker gains access to the system or the network, there might not be any other defense layers. In this scenario, a forensic investigator should not rely on the existing software as it …

A Comparison Of Defendants With Mental Illness Represented By Public Defenders And Private Attorneys: An Analysis Of Court-Ordered Pretrial Psychiatric Evaluations, Donald M. Linhorst, P. Ann Dirks-Lindhorst, Susan Mcgraugh, Lauren Choate, Sarah Riley

All Faculty Scholarship

This study compared the characteristics and court-ordered evaluation questions and responses among 4,430 defendants to determine if differences existed between those represented by public defenders and private attorneys when receiving trial competency or responsibility psychiatric evaluations from a state department of mental health. Defendants represented by public defenders were more likely to be younger, to have less education, to have psychotic disorders, to have a history of inpatient psychiatric treatment, to live in urban or rural counties, and to be jailed at the time of the evaluation. In addition, defendants represented by public defenders were less likely to have a …

Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, K. E. Powell, Lauren Bartlett

All Faculty Scholarship

This article discusses the creation and implementation of a cross-discipline negotiation simulation project designed by two law professors at Ohio Northern University Claude W. Pettit College of Law. The project bridged the gap between podium classes and clinical experience, exposing two separate groups of students to new subject areas. Professors Lauren E. Bartlett and Karen Powell brought together two distinct law classes, one doctrinal tax class and one pretrial litigation skills class, to exercise legal skills, and learn substantive and procedural law from their classmates, while acting as an attorney or a client in a simulated negotiation.

Dignity Is The New Legitimacy, Jeffrey A. Fagan

Faculty Scholarship

In this chapter, Jeffrey Fagan responds to Jonathan Simon’s essay by exploring the emotional dimensions of individual interactions with state actors. In a procedural justice vein, this chapter considers the dignitary implications of official maltreatment, focusing in particular on the dignity-injuring potential of unjustified, racially motivated, or otherwise abusive police stops. Such interactions not only personally humiliate, but they also deny the targeted individuals “basic and essential recognition” as social and political equals, instilling instead “a profound sense of loss.” Fagan calls for a jurisprudence that “recognizes the emotional highway between dignity and legitimacy.” This approach would “internalize[] the central …

The Remaking Of Wall Street, Andrew F. Tuch

Scholarship@WashULaw

This Article critically examines the transformation of the financial services industry during and since the Financial Crisis of 2007–2009. This transformation has been marked by the demise of the major investment banks and the related rise of a set of powerful players known as private equity firms or alternative asset managers – pools of assets structured as private funds. First, this Article argues that private equity firms now mirror investment banks in their mix of activities; ethos of entrepreneurialism, innovation, and risk-taking; role as “shadow banks”; and overall power and influence.

These similarities might suggest that private equity firms pose …

Who Taught You To Hate Yourself?: The Racially Coded Language Of Professionalism And Its Detriment To The Black Community, Alexys Jones

Online Theses and Dissertations

It is said that the Unites States is a post-racial society where race doesn't matter and colorblind rhetoric is used as a defense mechanism for perceived or committed discriminatory acts toward black people. In theory, color-blind ideology would help to eliminate racism by treating people equally without regard to race or ethnicity. In practice, colorblindness completely ignores the historical context of race in this country. Under the ideology of colorblindness, overt racism is translated into cultural criminalization. Laws and policies that are seemingly non-sinister nonetheless target the black population by using non-descript language and images associated with blackness. Research has …

The Mcdonaldized Death Penalty: Neoliberalism, Governmentality, And American Capital Punishment, Ryan Phillips

Online Theses and Dissertations

An extensive literature examines the modern era (1976-present day) of American capital punishment. Some has focused on why the institution persists despite abolition from the rest of the Western world. An example of this is Steiker and Steiker (2016) who argue that judicial rationalization of capital law has helped to legitimate and thus sustain the modern death penalty. However, no work attempts to understand capital punishment or its persistence in America in regards to neoliberalism. To address this void in understanding, I conceptualize Ritzer's four tenets of McDonaldization (predictability, calculability, efficiency, control) as a representation of market rationality, which neoliberalism …

Astroturf Activism, Melissa (M.J.) Durkee

Scholarship@WashULaw

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

The Limits Of Gatekeeper Liability, Andrew F. Tuch

Scholarship@WashULaw

Gatekeeper liability – the framework under which actors such as law firms, investment banks and accountants face liability for the wrongs committed by their corporate clients – is one of the most widely used strategies for controlling corporate wrongdoing. It nevertheless faces well-recognized flaws: gatekeepers often depend financially on the clients whose conduct they monitor; to carry out their gatekeeping function, gatekeepers rely on individuals – often their employees – whose interests diverge from their own; and major transactions typically involve multiple gatekeepers, each with specific areas of expertise and information, which produces both gaps and overlaps in the gatekeeping …

Privacy's Trust Gap: A Review, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

It can be easy to get depressed about the state of privacy these days. In an age of networked digital information, many of us feel disempowered by the various governments, companies, and criminals trying to peer into our lives to collect our digital data trails. When so much is in flux, the way we think about an issue matters a great deal. Yet while new technologies abound, our ideas and thinking — as well as our laws — have lagged in grappling with the new problems raised by the digital revolution. In their important new book, Obfuscation: A User’s Guide …

A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy

Scholarship@WashULaw

Every judge has a duty to do justice, which is found not only the oath the judge takes, but also in the Code of Judicial Conduct. The American Bar Association (ABA) Criminal Justice Standards Regarding the Special Functions of the Trial Judge provides more specific guidance including the responsibility to safeguard the rights of the accused and the public’s interest in the fair administration of criminal justice.

I contend that a trial judge needs to be committed to a duty to do justice by ensuring the accused’s right to effective assistance of counsel, especially in light of the excessive caseloads …

Data-Driven Discrimination At Work, Pauline Kim

Scholarship@WashULaw

A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …

Auditing Algorithms For Discrimination, Pauline Kim

Scholarship@WashULaw

This Essay responds to the argument by Joshua Kroll, et al., in Accountable Algorithms, 165 U.PA.L.REV. 633 (2017), that technical tools can be more effective in ensuring the fairness of algorithms than insisting on transparency. When it comes to combating discrimination, technical tools alone will not be able to prevent discriminatory outcomes. Because the causes of bias often lie, not in the code, but in broader social processes, techniques like randomization or predefining constraints on the decision-process cannot guarantee the absence of bias. Even the most carefully designed systems may inadvertently encode preexisting prejudices or reflect structural bias. For this …

Industry Lobbying And 'Interest Blind' Access Norms At International Organizations, Melissa (M.J.) Durkee

Scholarship@WashULaw

The standard approach of many international organizations (IOs) to non-governmental associations makes no formal distinctions between nonprofit private sector groups, known as trade or industry associations, and public interest groups. Thus, most IOs offer accreditation and access to both kinds of group on equal terms, without differentiating between them. I call this approach “interest blind” and use this short essay to examine its origins and consequences. Specifically, the approach has resulted in robust participation in international governance by industry and trade lobbying groups, which can affect the quality of deliberation at IOs and of the information that international officials and …

Introduction To Symposium On Industry Associations In Transnational Legal Ordering, Melissa (M.J.) Durkee, Gregory Shaffer

Scholarship@WashULaw

As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry associations influence and shape law as part of transnational legal processes, potentially giving rise to transnational legal orders.