Legal Studies Commons^™

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

J. Skelly Wright And The Limits Of Liberalism, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This essay, written for a symposium on the life and work of United States Court of Appeals Judge J. Skelly Wright, makes four points. First, Judge Wright was an important participant in the liberal legal tradition. The tradition sought to liberate law from arid formalism and to use it as a technique for progressive reform. However, legal liberals also believed that there were limits on what judges could do–-limits rooted in both its liberalism and its legalism. Second, Wright occupied a position on the left fringe of the liberal legal tradition, and he therefore devoted much of his career to …

The Life Course Perspective Of Delinquency: An Empirical Analysis Of Female Juvenile Offending From The National Youth Survey, Doshie Piper

Contemporary Issues in Juvenile Justice

No abstract provided.

The Museum As An Inclusive Community: A Blueprint For Moving Forward, Howard P. Scott

All Master's Theses

The focus of this study is museum accessibility for patrons with disabilities. The history of museums and their evolution into institutions that strive to create an inclusive community means that many aspects of the Americans with Disabilities Act of 1990 as well as the Architectural Barriers Act of 1968 are applicable. Developing a tool for assessing museum compliance with the law was key to gathering data to use for improving compliance with the law. Using this data and comparing current compliance in four museums to three major legal cases against museums showed common areas for improvement in accessibility in all …

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Journal Publications

Lawyers have long been recognized as being necessary in the effective functioning of an ordered society in roles as both officers of the court and, more broadly, as officers of the system of justice. In 2014, the ABA Task Force on the Future of Legal Education report noted that "[s]ociety has a deep interest in the competence of lawyers, in their availability to serve society and clients, in the broad public role they can play, and in their professional values." Values such as those noted in the Model Rules of Professional Conduct (advisor, counselor, and advocate) are instrumental in the …

The First Attempt At Federalizing Tort Law And Why It Failed.", Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

In the 1970s, the US Congress meticulously considered the possibility of creating a federal law of torts. The federal effort began almost a decade after many state supreme courts had expanded manufacturer liability for defective products. The state-level expansion caused a reaction among state and federal legislatures. The initial federal presence took the form of investigatory efforts, but those were soon followed by legislative proposals. The federal legislative proposals occurred simultaneously with some states' efforts to enact their own products liability laws. Although the states' tort laws might present variations on a theme, the possibilities for federal intervention in the …

Failures Require New Thoughts On Crime, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Social Status, Opportunity And Repeat Victimization: The Unequal Distribution Of Safety, Zavin Nazaretian

Wayne State University Dissertations

This research examines the relationship between victimization, social status and opportunity. More specifically, the effects of social status and opportunity on repeat victimization are examined. How does social status and opportunity simultaneously effect repeat victimization? This report consists of a secondary data analysis of the 2004 and 2009 Canadian Victimization Survey with a combined sample size of 43,200 people who were interviewed by telephone. Opportunity either partially or completely mediated the effects of social status on repeat victimization; however for certain subsamples neither opportunity nor social status explained repeat victimization. Additionally, the groups whose victimization was not explained by opportunity …

Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz

Wayne State University Dissertations

Homeland Security, sponsored by governmental initiatives, has become a vibrant academic research field. However, most efforts were placed with the recognition of threats (e.g. theory) and response options. Less effort was placed in the analysis of the collected data through statistical modeling. In a field that collects more than 20 terabyte of information per minute though diverse overt and covert means and indexes it for future research, understanding how different statistical models behave when it comes to massively decayed data is of vital importance.

Using Monte Carlo methods, three regression techniques (ordinary least squares, least-trimmed, and maximum likelihood) were tested …

Green And Grey: Water Justice, Privatization, And Resistance, William Mcclanahan

Online Theses and Dissertations

Since its initial proposal in the 1990s, `green criminology' has focused on environmental crimes and harms affecting non-human and human life, ecosystems, and the planet as a whole. Describing global trends toward privatization of water supply systems and the criminalization of several water conservation activities and tactics, this paper employs theoretical perspectives offered by green, cultural, and critical criminologies, focusing on overt resistance to water privatization and oppressive regulations governing rainwater storage and residential water recycling. Taking a critical theoretical perspective, this paper examines water access and autonomy, individuals and groups openly resisting the criminalization of household water reuse and …

Social Class And Capital Punishment: A Theoretical And Empirical Analysis, Jennifer L. Tilley

Online Theses and Dissertations

While it is generally assumed that virtually all persons executed in the United States are poor, the social class - execution link has not been well documented or theorized in the literature. Far more research has analyzed the relationship of race and gender to execution. Using data on executions carried out in Texas between 2000 and 2012, individuals sentenced to death from the Supreme Court's Gregg decision through 1997 in Tennessee, narrative case studies, and a content analysis of state-defined mitigating circumstances, this study provides both detailed documentation of the social class characteristics of those executed, as well as a …

Exploring The Responsibilities Of Wildlife Law Enforcement Officers: An Examination Of Citations Issued By Kentucky Conservation Officers, Conrad Morgan Lanham

Online Theses and Dissertations

Conservation officers are law enforcement agents whose primary responsibility is the enforcement of statutes regarding wildlife. Several bodies of research have noted the expansion of law enforcement capabilities and responsibilities of conservation officers to include the enforcement of general laws that fall outside the conservation officers' original mandate. The purpose of this study is to explore the work roles of contemporary conservation officers in Kentucky. Using data from citations issued by Kentucky conservation officers from 2006 to 2011, this research examines patterns of wildlife violations, boating violations, and general violations across time and space. Comparisons of these types of violations …

Bankster's Paradise: The Importance Of Discourse In Creating A Haven For Criminogenic Banks In The United States, Maria Jacqueline Bordt

Online Theses and Dissertations

This work examines the ways in which language can contribute to a cultural climate in which white-collar crime is no longer considered "deviant," but rather is considered part of a normally functioning political economy. The 2012 money laundering case involving HSBC is examined in conjunction with the rhetoric of popular financial counselor Dave Ramsey. This research seeks to define how language involving the accumulation of capital is equated with virtuousness, thus constructing a myth about the criminality inherent to "legitimate" capital enterprises.

The Heroin Problem: Learning From Past Experiments In Narcotic Maintenance, Ashley Marie Phillips

Online Theses and Dissertations

The following paper examines the ongoing political, legal and cultural debate regarding heroin maintenance in the U.S. that emerged after the passage of the Harrison Act. Moreover, it focuses on the United States' very brief experimentation with narcotics maintenance clinics from 1914-1924 and why the clinic system was ultimately dismantled by the Treasury Department. This paper also highlights the U.S. public policy debate that emerged as early as the 1950s and continues today to develop heroin maintenance trials.

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Faculty Scholarship

No abstract provided.

Watching The Watchers, Neil M. Richards

Scholarship@WashULaw

In this essay from Wired Magazine (UK)'s special edition, The Wired World in 2014, Prof. Richards argues that sousveillance–watching the watchers–is an important development that will be on the rise in 2014.

Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …

Intellectual Freedom And Privacy, Neil M. Richards, Joanna Cornwell

Scholarship@WashULaw

This essay offers an account of the complex ways intellectual freedom and privacy are interrelated. We pay particular attention to both the constitutional dimensions of these important values, as well as the important roles that social and professional norms play in their protection in practice. Our examination of these issues is divided into three parts. Part I lays out the law and legal theory governing privacy as it relates to intellectual freedom. Part II examines a special context in which law and professional norms operate together to protect intellectual freedom through privacy–the library. Finally, Part III discusses how government actions …

Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin

Scholarship@WashULaw

In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …

Financial Conglomerates And Information Barriers, Andrew F. Tuch

Scholarship@WashULaw

The organizational structure of financial conglomerates gives rise to fundamental regulatory challenges. Legally, the structure subjects firms to multiple, incompatible client duties. Practically, the structure provides firms with a huge reservoir of non-public information that they may use to further their self-interests, potentially harming clients and third parties. The primary regulatory response to these challenges and a core feature of the financial regulatory architecture is the information barrier or Chinese wall. Rather than examine measures to strengthen information barriers, to date legal scholars have focused on the circumstances in which to deny them legal effect, while economists have focused on …