Legal Studies Commons^™

Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …

Gender And Programming: A Comparison Of Program Availability And Participation In U.S. Prisons For Men And Women, Courtney A. Crittenden

Theses and Dissertations

The current study examines the state of prison programming across the U.S. and whether availability of and participation in prison programs varies by gender and other key factors such as the interaction effects of race and gender, self-identified needs, and facility-level characteristics. Using Morash, Rucker, and Haarr's (1994) study, the last major study comparing prison programming for men and women in U.S. prisons, as a guide, I explore the current state of prison programming using national-level survey data. The results indicate that gender does indeed matter for both prison programming availability and participation with women having more programs available to …

Assessing The Impact Of The Court Response To Domestic Violence In Two Neighboring Counties, Gillian Mira Pinchevsky

Theses and Dissertations

Since the 1970s, there has been a proliferation of research on domestic violence (DV). The majority of research, however, has focused on the correlates of DV and far fewer studies have examined the criminal justice system's approach to addressing DV. This is particularly concerning given that historically, the criminal justice system was rooted in English Common Law and tolerant of marital discipline to maintain household stability. Through the efforts of women's rights advocates, policy makers began devising innovative strategies for responding to DV, including provisions for mandatory arrests, no-drop policies, and the establishment of specialized DV courts. Although there has …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Publications

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy …

Development Of Micro Volume Dna And Rna Profiling Assays To Identify The Donor And Tissue Source Of Origin Of Trace Forensic Biological Evidence, Brittany Morgan

Electronic Theses and Dissertations

In forensic casework analysis it is necessary to obtain genetic profiles from increasingly smaller amounts of biological material left behind by perpetrators of crime. The ability to obtain profiles from trace biological evidence is demonstrated with so-called ‘touch DNA evidence’ which is perceived to be the result of DNA obtained from shed skin cells transferred from donor to an object or person during physical contact. However, the current method of recovery of trace DNA involves cotton swabs or adhesive tape to sample an area of interest. This "blindswabbing" approach may result in the recovery of biological material from different individuals …

Identity Theft Among College Students, Laura B. Lucas

Masters Theses

Identity theft is prominent and is specifically affecting the general population of young adults. There is a void the in research that focuses on parental influence regarding identity theft on their college children. Prior research shows that identity theft is rapidly growing and is a problem. (Winterdyk & Thompson, 2008). The aims of this study are to enhance the awareness of identity theft, and to show the importance of identity theft education. Albert Bandura's Social Learning Theory is applied to the study as well, and is used a potential guide to understanding the effects of parental behavior and perceptions of …

Managing The Polarities Of Democracy: A Theoretical Framework For Positive Social Change, William J. Benet

Journal of Sustainable Social Impact

People around the globe have embraced democracy to bring about positive social change to address our environmental, economic, and militaristic challenges. Yet, there is no agreement on a definition of democracy that can guide social change efforts. The Polarities of Democracy model is a unifying theory of democracy to guide healthy, sustainable, and just social change efforts. The Polarities of Democracy model consists of ten elements, organized as five polarity pairs: freedom & authority, justice & due process, diversity & equality, human-rights & communal-obligations, and participation & representation. In this model each element has positive aspects and negative aspects and …

Once Bitten, Thrice Wise: The Varying Effects Of Victimization On Routine Activities And Risk Management, J. Michael Vecchio

Criminal Justice & Criminology: Faculty Publications & Other Works

While the relationship between offending and victimization is well established, less is understood about what contributes to the varied effects of victimization on future behavior. Drawing on qualitative interviews from a sample of at-risk men, the study explores recognized and unrecognized effects of victimization on subsequent behavior and management of lifestyle risks both within and across narratives. Findings demonstrate a range of perceived effects on behavior and risk management, with the presence or absence of substantive effects related to whether the event was both severe and directly attributable to involvement in at-risk behavior. Consequences for the victimization–termination hypothesis are discussed.

The Politics And Practicalities Of Reentry: A Case Study Of The Reentry Environment In A Suburban Community, Carlene Sipma-Dysico

Dissertations

Although inquiry into reentry has grown significantly in the past decade, studies concerning formerly incarcerated persons entrance back into society tend to look at the outcomes and consequences of reentry, not the process. This "what works and what doesn't work" research approach (Seiter and Kadela 2003) leaves some very important aspects of reentry unexamined. While determining the efficacy of programs designed to reduce recidivism is important for public safety, social policy creation, and budgetary considerations, the role of the community in reentry remains largely unexplored.

This dissertation examines how reentry is done at the community level; by practitioners of reentry, …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Book Review: Professional Penetration Testing: Creating And Learning In A Hacking Lab 2e, Joshua Bartolomie

Journal of Digital Forensics, Security and Law

Organizations often strive for proactive information security programs in an effort to limit occurrence and impact of security breaches. However, traditional security programs run the risk of being unable to provide adequate insight and proactive awareness into real attack vectors that may exist within their organizations. With attack methods and efforts becoming increasingly aggressive, and effective, organizations must take equally assertive measures to protect their critical information and assets. Penetration testing is one of those tools that is often misunderstood, overlooked, and undervalued. A true adversary would not hesitate to exploit every potential to gain entry or cause a disruption …

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

Policing Alcohol And Related Crimes On Campus, Andrea Nicole Allen

Theses and Dissertations

Research shows that college students drink alcohol frequently and heavily. This can compromise their health and well-being. Student drinking is also tied to crime. While prior work explores the nature and extent of crimes involving alcohol on campus, to date no study has examined how police handle these incidents or crime generally. This study fills that gap in the literature. Qualitative and quantitative data were collected by observing and interviewing campus officers at a large Southeastern university as they navigated through encounters with citizens. Findings include the following. Officers handle a variety of crimes, and do not have a single-faceted …

Testing Misconceptions And Building Excitement In A Psychology And The Law Course, Emily Stark

Psychology Department Publications

Did you know that there is no evidence that verifies that each person's fingerprints are truly unique, or that even trained dental examiners cannot accurately match bite marks to the teeth of a suspect? Thinking about our misconceptions can make us excited to learn more about a topic, so that we understand why we were wrong. This article discusses a method that I developed to address misconceptions about psychology and the legal system and to get students excited to learn more about these topics.

International Perceptions Of Stalking And Responsibility: The Influence Of Prior Relationship And Severity Of Behavior, Adrian J. Scott, Nikki Rajakaruna, Lorraine Sheridan, Emma Sleath

Research outputs 2013

This study investigates the influence of prior relationship and severity of behavior on perceptions of stalking and responsibility with a combined sample of 1,080 members of the community from Australia, the United States, and the United Kingdom. Participants were presented with 1 of 12 versions of a hypothetical stalking scenario and responded to scale items regarding the behavior of a male perpetrator toward a female target. Prior relationship and severity of behavior influenced perceptions of stalking and responsibility, and the pattern of findings was consistent across the three countries. The perpetrator’s behavior was perceived to constitute stalking, and necessitate police …

The Attribution Of Responsibility In Cases Of Stalking, Adrian J. Scott, Jeffery Gavin, Emma Sleath, Lorraine Sheridan

Research outputs 2013

There is a general belief that stranger stalkers present the greatest threat to the personal safety of victims, despite national victimisation surveys and applied research demonstrating that ex-partner stalkers are generally more persistent and violent. The just-world hypothesis offers a possible explanation for this apparent contradiction. The current research used nine hypothetical scenarios, administered to 328 university students, to investigate the assumptions that underlie attributions of responsibility in cases of stalking. It explores whether these assumptions are consistent with the proposed mechanisms of the just-world hypothesis, and whether they vary according to the nature of the perpetrator–victim relationship and conduct …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Assessing The Readability Of Capital Pattern Jury Instructions, Rachel Small, Judith Platania, Brian L. Cutler

Arts & Sciences Faculty Publications

Data obtained from the National Assessment of Adult Literacy (2003) indicate that 29% of adults have a Basic level of prose literacy. Prose literacy refers to the knowledge and skills needed to comprehend and use information from continuous texts, such as editorials, news stories, and instructional materials. In the current study we examined each state’s capital sentencing instructions for their readability using a highly reliable word-analysis tool. We found that reading levels of sentencing instructions significantly surpassed the reading comprehension abilities of American adults. All but three states’ instructions were above the twelfth grade reading level. In addition, legal principles …

Reduction Of Observable Robbery And Larceny-Theft In The Twelve Largest Cities In The United States From 1980 To 2009, Andrew J. Costello

Dissertations, Theses, and Capstone Projects

The reduction in crime rates that occurred in large cities across the United States (US) over the course of the past two decades has been the subject of much speculation and research. However, there have been no definitive empirical studies that conclusively determine the causes for this phenomenon. The goal of this study is to identify the impact of certain factors to the reduction of crime in large US cities that occurred over the past two decades by examining data over a thirty-year period (1980-2009). The identification of contributing factors may allow government officials, both on a local and national …

Science Column: Reconstruction: The Experimental Side Of Digital Forensics, Fred Cohen

Journal of Digital Forensics, Security and Law

Many in digital forensics seem to forget that the science part of digital forensics means experimentation and that implies a whole lot of things that most practitioners never learned.