The Four Freedoms And The Future Of Religious Liberty,
2014
Washington University in St. Louis School of Law
The Four Freedoms And The Future Of Religious Liberty, John D. Inazu
Scholarship@WashULaw
The First Amendment’s rights of speech, press, religion, and assembly were once “interwoven” but distinct. Together, these freedoms advanced a pluralist skepticism of state orthodoxy that protected religious and other forms of liberty. The connections among these rights were evident at the Framing. They were also prominent during the 1930s and 1940s, when legal and political rhetoric recognized the “preferred position” of the “Four Freedoms.” We have lost sight of the Four Freedoms, supplanting their unified distinctiveness with an undifferentiated free speech framework driven by unsatisfying concepts like content neutrality and public forum analysis. It did not have to be …
More Is More: Strengthening Free Exercise, Speech, And Association,
2014
Washington University in St. Louis School of Law
More Is More: Strengthening Free Exercise, Speech, And Association, John D. Inazu
Scholarship@WashULaw
Prominent scholars have suggested that one important means of strengthening the First Amendment is by limiting its protections to “core” interests. Philip Hamburger has asserted the argument most forcefully. His generalized worry is that expanding the coverage of First Amendment rights can shift absolute protection of a defined core to contingent “balancing” for all claims asserted under those rights. In Hamburger’s words, “more is less.” We can think of cautions like these as arguments for rights confinement. On this view, legal doctrine will be most resilient to cultural pressures when it is construed narrowly. But the interplay between doctrine and …
The Far-Reaching Shadow Cast By Ferguson,
2014
Washington University in St. Louis School of Law
The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood
Scholarship@WashULaw
In the Dred Scott case, Justice Taney remarked that black people “had no rights which the white man was bound to respect.” In The Far-Reaching Shadow Cast by Ferguson, Professor Norwood questions whether, in today’s society, Justice Taney’s sentiment still holds true. Citing examples of recent police shootings and beatings of unarmed African-Americans and personal and family experiences, Professor Norwood argues that our country is broken and needs fixing. Professor Norwood concludes that we are not the ‘post-racial’ society we claim to be and that the Michael Brown shooting, among others, provides a watershed moment to confront our country’s underlying …
Is The Foreign Intelligence Surveillance Court Really A Rubber Stamp? Ex Parte Proceedings And The Fisc Win Rate,
2014
Washington University in St. Louis School of Law
Is The Foreign Intelligence Surveillance Court Really A Rubber Stamp? Ex Parte Proceedings And The Fisc Win Rate, Conor Clarke
Scholarship@WashULaw
One of the most common criticisms of the Foreign Intelligence Surveillance Court is that the court has approved more than 99% of the government’s 33,000 ex parte surveillance requests, a fact cited as extraordinary evidence that the court is nothing more than a rubber stamp. This Essay disputes that popular criticism in two ways. First, I argue that there are good reasons to expect ex parte processes to produce lopsided results, since the government selects applications based in part on the level of oversight the court applies – just as, in most other legal contexts, ‘the decision to litigate’ depends …
The Uneasy Case Against Auer And Seminole Rock,
2014
Washington University in St. Louis School of Law
The Uneasy Case Against Auer And Seminole Rock, Conor Clarke
Scholarship@WashULaw
The deference regimes of Auer and Seminole Rock give an agency's interpretation of its own regulation "controlling weight unless [the interpretation] is plainly erroneous or inconsistent with the regulation." This doctrine has long been criticized for giving agencies an incentive to promulgate vague regulations. In this essay I critically review these objections to Auer and Seminole Rock against the backdrop of plausible alternative regimes and recent developments in the lower courts.
Merging And Dissolving Special Districts,
2014
Washington University in St. Louis School of Law
Merging And Dissolving Special Districts, Conor Clarke
Scholarship@WashULaw
Special district governments exist in every state, providing services ranging from protection against fire to protection against fire ants. These governments are easy to form, but often they are difficult to dissolve or consolidate. Nevertheless, in many states, the number of special district governments is declining. This Comment draws on statistical analyses and interviews with government officials to explain the cause of this decline. It also discusses how existing legal frameworks may be revised to facilitate the efficient consolidation and dissolution of special district governments.
Pricing Clinical Legal Education,
2014
Washington University in St. Louis School of Law
Pricing Clinical Legal Education, Robert R. Kuehn
Scholarship@WashULaw
Some blame the cost of clinical legal education for high law school tuition. They argue that, regardless of the educational and employment benefits to students, clinical legal education, and law clinics in particular, are too expensive to expand or require for all students in a time of decreasing law school enrollments and revenues. This Article is an empirical examination of these claims. Reviewing tuition, curricular and enrollment data from all law schools, this Article demonstrates that 84% of law schools already have the capacity to provide a clinical experience to every student without adding courses or faculty, although only 18% …
Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process,
2014
Washington University in St. Louis School of Law
Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Christina L. Boyd, Ryan C. Black, Amanda C. Bryan
Scholarship@WashULaw
Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …
Law Schools And The Legal Profession: A Way Forward,
2014
Washington University in St. Louis School of Law
Law Schools And The Legal Profession: A Way Forward, Peter A. Joy
Scholarship@WashULaw
Publicity about law schools for the past several years has been consistently bad. In news article after news article, the unifying theme has been that that there are too many lawyers, too many law schools, and that going to law school for a legal career is either a costly, risky proposition or simply a bad idea.' Of course, these laments about the legal education and the legal profession stem from the decline in the employment for lawyers in the United States since the financial crisis of 2008. While some see this simply as a mismatch in supply and demand - …
A Thin Blue Line And The Great Black Divide: The Inter And Intra Departmental Conflict Among Black Police Officers, Their Agencies, And The Communities In Which They Work Regarding Police Use Of Force Perception By Black Americans In A Southwestern State,
2014
Nova Southeastern University
A Thin Blue Line And The Great Black Divide: The Inter And Intra Departmental Conflict Among Black Police Officers, Their Agencies, And The Communities In Which They Work Regarding Police Use Of Force Perception By Black Americans In A Southwestern State, Vance Debral Keyes
Department of Conflict Resolution Studies Theses and Dissertations
This study explores the relationship between Black police officers, Black citizens, and their external environment using a group of 30 police officers and citizens to establish the connection between police officer race and perceptions by same race citizens within the context of police use of force. I use the term Black to be inclusive of African Americans as well as others of African descent without regard to their ethnicity or national origin. Criminal justice means system application whereas criminology is the study of criminal behavior. In America, there exists a history of volatility between the police and Black communities. While …
School Violence Perpetrators Speak: An Examination Of Perpetrators Views On School Violence Incidents,
2014
The University of Texas Rio Grande Valley
School Violence Perpetrators Speak: An Examination Of Perpetrators Views On School Violence Incidents, Gordon A. Crews
Criminal Justice Faculty Publications
In the last few decades researchers have attempted to determine correlates for school violence. While the number of extreme incidents of school violence remains relatively small, extreme incidents cause the most concern for parents, teachers, law enforcement, and educational administrators. In addition to the fear these types of events cause, they also bring about a great deal of debate regarding proper responses. Some feel that stringent zero tolerance policies are the answer, while others argue for more gun control in society. Some feel that increased counseling and service to young people is the answer, while others argue for the increased …
Privatization Of Florida Juvenile Residential Facilities,
2014
University of Central Florida
Privatization Of Florida Juvenile Residential Facilities, Katherine Hancock
Electronic Theses and Dissertations
Privatization of juvenile facilities and services has been the norm since the inception of the juvenile justice system. However, little research has been performed examining the impact of privatization on juvenile justice, despite the possible repercussions of this policy for the juveniles served. Prior research on privatization in other fields has tended to find a connection between privatization and outcomes; however, very little research has examined how privatization impacts operations, how operations impact recidivism, and how privatization and operations interact to produce juvenile justice outcomes. This exploratory study, informed by cybernetic systems theory and principal-agent theory, examined the mechanism by …
The Relationship Of State Political Instability And Economic Failure To Predatory Organized Crime In Multiple Nations: A Global Comparative Anaylsis,
2014
University of Central Florida
The Relationship Of State Political Instability And Economic Failure To Predatory Organized Crime In Multiple Nations: A Global Comparative Anaylsis, Terrance Ruth
Electronic Theses and Dissertations
This dissertation examines the relationship of political instability and economic failure to predatory organized crime in multiple nations. This is an important issue since each year the increase in predatory crime networks contributes to international economic failure, security risks, and the spread of organized crime. In an effort to understand the relationship between state failure and economic failure on the one hand, and organized crime on the other, this study will seek to address three goals. First, the study tests the degree to which variables that imply economic failure and state failure correlate with predatory organized crime. Second, the study …
Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis,
2014
University of Central Florida
Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis, Jennifer Freeman-Walker
Electronic Theses and Dissertations
Information sharing among law enforcement entities became a national priority after the 9/11 attack (Carter, 2005). Various information systems utilized by law enforcement agencies may be promising; however, there is little extant empirical research to validate the system's effectiveness related to increasing investigative success (Bureau of Justice Assistance, 2010). One information system that has tied together numerous Florida law enforcement agencies is the FINDER system. FINDER, the Florida Integrated Network for Data Exchange and Retrieval system, provides agency investigators a wide range of information not previously available (Reynolds, Griset, and Scott, 2006; Scott, 2006). This study's foundation was primarily based …
Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change,
2014
University of South Florida
Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell
Center on Children, Families, and the Law: Faculty Publications
This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.
The Role Of Violence Within And Across Self-Identified Gang Youth,
2014
Loyola University Chicago
The Role Of Violence Within And Across Self-Identified Gang Youth, J. Michael Vecchio
Criminal Justice & Criminology: Faculty Publications & Other Works
Within the field of criminology, increased attention has been afforded to the influence and importance of individual exposure to violence and victimization. Research has demonstrated that violence – whether actual or anticipated – is not distributed evenly across individuals, but is amplified during the period of adolescence and is strongly influenced by individual risky behavior. Perhaps for no other group has the role of violence been more pronounced than in the lives of gang affiliated youth. Whether actual (i.e., direct and vicarious victimization) or anticipated (i.e., fear of crime and perceived risk of victimization) violence, gang youth commonly discuss violence …
“Time For Some Traffic Problems”: Enhancing E-Discovery And Big Data Processing Tools With Linguistic Methods For Deception Detection,
2014
University of Maryland, College Park
“Time For Some Traffic Problems”: Enhancing E-Discovery And Big Data Processing Tools With Linguistic Methods For Deception Detection, Erin S. Crabb
Journal of Digital Forensics, Security and Law
Linguistic deception theory provides methods to discover potentially deceptive texts to make them accessible to clerical review. This paper proposes the integration of these linguistic methods with traditional e-discovery techniques to identify deceptive texts within a given author’s larger body of written work, such as their sent email box. First, a set of linguistic features associated with deception are identified and a prototype classifier is constructed to analyze texts and describe the features’ distributions, while avoiding topic-specific features to improve recall of relevant documents. The tool is then applied to a portion of the Enron Email Dataset to illustrate how …
Fast Rtp Detection And Codecs Classification In Internet Traffic,
2014
Brno University of Technology, Czech Republic
Fast Rtp Detection And Codecs Classification In Internet Traffic, Petr Matousek, Ondrej Rysavy, Martin Kmet
Journal of Digital Forensics, Security and Law
This paper presents a fast multi-stage method for on-line detection of RTP streams and codec identification of transmitted voice or video traffic. The method includes an RTP detector that filters packets based on specific values from UDP and RTP headers. When an RTP stream is successfully detected, codec identification is applied using codec feature sets. The paper shows advantages and limitations of the method and its comparison with other approaches. The method was implemented as a part of network forensics framework NetFox developed in project SEC6NET. Results show that the method can be successfully used for Lawful Interception as well …
Relating Admissibility Standards For Digital Evidence To Attack Scenario Reconstruction,
2014
George Mason University
Relating Admissibility Standards For Digital Evidence To Attack Scenario Reconstruction, Changwei Liu, Anoop Singhal, Duminda Wijesekera
Journal of Digital Forensics, Security and Law
Attackers tend to use complex techniques such as combining multi-step, multi-stage attack with anti-forensic tools to make it difficult to find incriminating evidence and reconstruct attack scenarios that can stand up to the expected level of evidence admissibility in a court of law. As a solution, we propose to integrate the legal aspects of evidence correlation into a Prolog based reasoner to address the admissibility requirements by creating most probable attack scenarios that satisfy admissibility standards for substantiating evidence. Using a prototype implementation, we show how evidence extracted by using forensic tools can be integrated with legal reasoning to reconstruct …
A Study Of Forensic Imaging In The Absence Of Write-Blockers,
2014
Embry-Riddle Aeronautical University
A Study Of Forensic Imaging In The Absence Of Write-Blockers, Gary C. Kessler, Gregory H. Carlton
Journal of Digital Forensics, Security and Law
Best practices in digital forensics demand the use of write-blockers when creating forensic images of digital media, and this has been a core tenet of computer forensics training for decades. The practice is so ingrained that the integrity of images created without a write-blocker are immediately suspect. This paper describes a research framework that compares forensic images acquired with and without utilizing write-blockers in order to understand the extent of the differences, if any, in the resultant forensic copies. We specifically address whether differences are superficial or evidentiary, and we discuss the impact of admitting evidence acquired without write blocking. …
