Legal Studies Commons^™

Rationing Justice By Rationing Lawyers, Peter A. Joy

Scholarship@WashULaw

The number of lawyers in the United States continues to increase, but low and middle-income persons still find it difficult, if not impossible, to afford legal assistance. National and state surveys reveal that more than 80 percent of the civil legal needs of the poor go unmet, as do a majority of the needs of middle-income persons. Legal representation can often dramatically increase a person’s ability to win at trial or to negotiate a favorable outcome, and the lack of access to lawyers effectively closes the courthouse doors for millions. This Article focuses on the crisis in Missouri's public defender …

Congress, The Supreme Court, And Judicial Review: Testing A Constitutional Separation Of Powers Model, Stefanie A. Lindquist, Jeffrey A. Segal, Chad Westerland

Scholarship@WashULaw

Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational-anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional-maintenance model, in which the Court protects itself against Congressional attacks to its institutional prerogatives by scaling back its striking of laws when the distance between the Court and Congress increases. We test these models by using Common Space scores and the original roll-call votes to estimate support in the current …

The Multiple-Stage Process Of Judicial Review: Facial And As-Applied Constitutional Challenges To Legislation Before The U.S. Supreme Court, Stefanie A. Lindquist, Pamela C. Corley

Scholarship@WashULaw

The Supreme Court’s decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices’ choices to invalidate a state or federal enactment on its face or as applied and find that the justices are responsive to congressional preferences concerning the substance of the legal challenge at both stages of judicial review. Other factors systematically affect the justices’ decisions as well, including the legal basis for the …

Judicial Dialogue In Roper: Signaling The Court’S Emergence As A Transnational Legal Actor? A Response To Professor Mark Tushnet, Melissa A. Waters

Scholarship@WashULaw

Professor Mark Tushnet contends that Roper v. Simmons is consistent with a long line of U.S. Supreme Court precedent utilizing foreign authority in constitutional interpretation. Given this consistency, he asserts that the controversy over Roper, "must rest on something new in constitutional discourse," and finds the, "something new," in two sources: The rise of originalism and renewed, "concern for the place of the United States in the modern international order."

This response essay suggests two additional sources for the controversy over Roper. First is the emerging transnational judicial dialogue among the world's constitutional courts on human rights issues, and the …

Vicki C. Jackson, Constitutional Engagement In A Transnational Era, Melissa A. Waters

Scholarship@WashULaw

This essay reviews and critiques Vicki C. Jackson's book on constitutional engagement and comparative constitutional law.

Over the past decade, the debate over the use of foreign authority in interpreting the U.S. Constitution has fallen prey to an unfortunate “Crossfire” phenomenon, reminiscent of the old (and much maligned) CNN news commentary program. Serious discourse on this important issue has been obscured by an increasingly rancorous public debate in the news media, the blogosphere, and even before Congress. In this Crossfire debate, it seems, everyone must “choose up sides.” So-called “nationalists” deplore even most modest citations to foreign authority in constitutional …

Building Pathways Of Possibility From Criminal Justice To College: College Initiative As A Catalyst Linking Individual And Systemic Change, Susan P. Sturm, Kate Skolnick, Tina Wu

Faculty Scholarship

Across the United States, communities, especially marginalized and low income communities, face challenges resulting from the “school-to-prison pipeline”—a continuum of conditions increasing the probability that people from such marginalized communities, particularly black men, will find themselves in prison rather than college.1 Dismantling this pipeline has become a significant national focus of advocates and policy makers. In New York City, a network has emerged in the last ten years to focus on building a new pipeline from criminal justice to college. This network focuses on rebuilding the lives of the over 70 thousand people who have fallen into the school-to-prison pipeline. …

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross

Electronic Theses and Dissertations

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also …

Intelligence-Led Policing In A Fusion Center, David Lambert

Criminal Justice Faculty Publications

Incorporating fusion centers and intelligence-led policing principles can prove valuable for police agencies.

The Scavenging Behaviour Of The Australian Raven (Corvus Coronoides): Patterns And Influencing Factors, R. Christopher O'Brien, Alexande Larcombe, Jan Meyer, Shari L. Forbes, Ian Dadour

Forensic Science Publications

The Australian Raven (Corvus coronoides) is a widespread, abundant corvid which is often considered a pest species, due to the thought that it predates on livestock, ruin crops, and is often seen feeding on refuse, in both urban and rural areas. The species is known to feed on a range of material from seeds in ploughed fields to human refuse and decomposing organic material. A large proportion of its diet consists of carrion, and as such, the Australian Raven is an effective detrivorous species capable of removing and consuming dead and decomposing carcasses. This research examined the scavenging …

Law Clerks Out Of Context, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the state …

Criminal Offending Among Respondents To Protective Orders: Crime Types And Patterns That Predict Victim Risk, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Richard Charnigo

Office for Policy Studies on Violence Against Women Publications

Research has shown that respondents to protective orders have robust criminal histories and that criminal offending behavior often follows issuance of a protective order. Nonetheless, the specific nature of the association between protective orders and criminal offending remains unclear. This study uses two classes of statistical models to more clearly delineate that relationship. The models reveal factors and characteristics that appear to be associated with offending and protective order issuance and provide indications about when a victim is most at risk and when the justice system should be most ready to provide immediate protection.

Violence Transformed 2010, Jonathan Shirland

Bridgewater Review

Violence Transformed is an annual series of exhibitions, performances and collaborative art-making events that are held in the greater Boston area. Since its beginnings five years ago, Violence Transformed has been composed of professionals from a wide range of backgrounds and disciplines, including art historians, studio artists, and specialists from the museum world.

Religiosity And Fear Of Crime, Jonathan Bolen

Boise State University Theses and Dissertations

Previous research investigating fear of crime has returned little universal agreement as to what exacerbates and what reduces an individual’s level of fear of crime. In this thesis the researcher seeks to add to the mountain of literature on fear of crime and to include a novel independent variable, religiosity, in effort to better inform the fear of crime debate. Analyzing survey data collected from students at an urban university, the researcher finds that (1) females are far more fearful than their male counterparts; (2) religiosity is not informative on varying levels of fear of crime in the sample. An …

Minority Group Threat And Racial Profiling: An Analysis Of Pretextual Traffic Stops And Outcomes In Missouri Municipalities, Pernell Witherspoon

Dissertations

Racial profiling remains a controversial societal issue due in part to difficulties in determining its prevalence. Some analysts have proposed that criminological theories should be used to explain racial profiling. Using the minority group threat hypothesis, this dissertation analyzes the effects of Black population increases on race-based pretextual stops in 113 Missouri municipalities with sizable Black populations. The research also analyzes the effects of the growth and size of the Black population on traffic stop outcomes, including searches, contraband found, arrests, and citations. Other variables that might explain pretextual stops and traffic stop outcomes, including violent crime rates and socioeconomic …

Electronic Reserves And Fair Use: Preservation Of Educational Exceptions To Copyright Law, Eric A. Robinson

Education Collection

Electronic course reserves serve a vital function in university instruction, enabling students to easily access important published literature in their discipline. While electronic systems have greatly improved the functionality of course reserves and have led to their ubiquitous use on campus, publishers have become more litigious and threaten to erode educational exceptions to copyright law under fair use. This paper reviews recent relevant case law with a view to providing recommendations for best practices for electronic reserves in university libraries that preserve traditional legal exceptions to copyright protections in education. While the courts have often upheld these exceptions, libraries could …

The Self-Regulation Model Of Sexual Offending: Validation And Relationship To Offender Type And Criminal Versatility/Specialization, Alejandro Leguizamo, Danielle Harris, Mackenzie Lambine

Arts & Sciences Faculty Publications

No abstract provided.

Refining The Digital Device Hierarchy, F. Chevonne Dancer, David Dampier

Computer Sciences and Electrical Engineering Faculty Research

Smartphones are increasing in popularity due to functionality, portability, convenience and affordability. Because of this, examiners must acquire and analyze these devices when criminal activity is suspected to have occurred. In order to obtain this information, it has to be extracted in a way that is repeatable and testable. There are several process models available for use, but the ad-hoc approach is on the rise. The dilemmas are that ad-hoc approaches and the forensic investigative process models available are not well suited for the examination of such devices. These approaches may cause the validity of investigator skill and methods to …

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

Cj Times Volume 4, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

Cook County Sheriff's Reentry Council Quarterly Update (Volume 2, Issue 2: October 2010), David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

INSIDE THIS ISSUE:

• First Virtual High School class graduates
• Enhanced grant-funding efforts
• In-Service Event success
• Grant money received to improve reentry programming
• Pre-trial detention times relatively long
• Inmate deaths in the national context