Legal Studies Commons^™

The Militarization Of Space: The Cold War And The Space Race, Malin Wahl

Pell Scholars and Senior Theses

The weaponization of space during the Cold War would have posed a significant threat to global security if left unchecked. The Cold War showcased the ideological rivalry between the United States of America and the Union of Soviet Socialist Republics and their development of a nuclear arsenal. Space was an unexplored domain that actors thought could be weaponized and even become a strategic advantage if a war between these superpowers broke out. The decision to not militarize space, not place orbital weapons in space, and not utilize weapons of mass destruction came from a standoff in which both parties could …

The Influence Of Honor Culture Ideology On Juror Decision Making, Aubrey K. Paschal

Dissertations and Theses @ UNI

Culture of honor is a system of cultural beliefs in which one’s honor is seen to be of the utmost importance (Nisbett & Cohen, 1996). Due to the importance of personal honor, defending one's honor could be seen as an adequate defense for crimes committed in the name of personal honor. This study examined the influence that honor culture ideology has on juror decision making. A total of 190 participants read a brief trial summary of either a crime in which the participants’ honor was threatened, or a crime that did not involve a threat to the defendant’s honor. The …

The Rights Of Nature Meaning-Making Experiments In Ecuador: A Pragmatist Inquiry, Lourdes Aguas Gonzalez

Electronic Theses & Dissertations (2024 - present)

Ecuador is the first and only country in the world to recognize nature as a subject of rights in its national Constitution, with the most court cases to date, and with a vibrant moral imagination regarding the more-than-human world. Building on the pragmatist tradition, my research examines three questions: What are the rights of nature in Ecuador? How is nature politically represented in Ecuadorian legal forums? And how can collective problem-solving experiments around the rights of nature in Ecuador inform moral inquiry? To answer these questions, I bring sociology in conversation with philosophy. My theoretical and methodological tools as a …

Welfare States And Imprisonment Rates: Revisiting The Study Of Public Assistance And Punishment In The United States, Stefan Ivanov

Electronic Theses & Dissertations (2024 - present)

In the past fifty years, the United States has seen significant changes in both the criminal legal system and the welfare state. The incarceration rate surged by 475% from 1972 to 2007, driven by state-level decisions about criminal legal policy and disproportionately affecting Black Americans. Simultaneously, welfare programs became less generous, especially for those deemed “undeserving.” A long line of social science scholarship emphasizes that these two major social institutions—the welfare state and the carceral state—must be considered as complementary and alternative methods of managing marginalized groups. Quantitative research often confirms these claims, finding a durable inverse relationship between welfare …

Move Fast And Get Sued: Uber's Entry Strategy And The Role Of City Regulation, Leonora Willett

CMC Senior Theses

This paper investigates the impact of Uber's entry into U.S. cities on federal court case filings, particularly focusing on how this disruptive platform influenced litigation patterns and regulatory responses. My analysis seeks to understand whether Uber’s entry into cities significantly affected the frequency and types of legal cases filed, including personal injury, contract disputes, and labor claims. Using an event study model and federal court data from the Federal Judicial Center spanning 2009 to 2023, my analysis evaluates changes in case filings before and after Uber's entry. Additionally, I analyze the impact of city-level regulations in five major cities on …

Accurate Body Weight Class Prediction From Mirna And Gene Expression In Blood And Saliva Samples, Kimberly Lettner

Master of Science in Forensic Science Directed Research Projects

miRNA interference on protein abundance related to glucose uptake and lipid production has been evaluated in biomedical research and linked to metabolic disorders like severe obesity. The direct regulation of protein abundance caused by miRNAs on a person’s metabolism can lead to an increased weight and overall size. Body size, measured by BMI, provides additional physical descriptions that can be combined with hair color, eye color, age, and skin pigment to aid investigations of unidentified remains or unknown suspects not found in a database. The purpose of this project was to evaluate the miRNA expression of target biomarkers in dried …

Analysis Of Shotshell Breech Face Impressions Using A Computer-Based Algorithm, Carly Renee Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forensic firearm analysis involves the comparison of test fires from a suspect firearm to an unknown sample, typically collected from a crime scene. Test fires and the unknown sample are examined for agreement in class characteristics and sufficient agreement in individual characteristics using a comparison microscope. The forensic analysis of firearms has been challenged both in court and by governmental organizations for its subjective nature and the inability to accurately report error rates.

To combat these challenges, the National Institute of Standards and Technology (NIST) has proposed using computer-based algorithms, such as Congruent Matching Cells (CMC). These CMC algorithm calculates …

The Long-Term Psychological Effects Of Violent Crime On Victims: A Review Of Evidence And Supportive Interventions, Jayden E. Oleksyn-Lamb

Graduate Theses/Dissertations

This study utilizes anonymous survey data collected from 26 mental health professionals in various regions of Canada to understand which psychological disturbances are the most prevalent among victims of violent crime as well as which psychological interventions are most beneficial for treating violent crime victims. The data revealed that Post-Traumatic Stress Disorder (PTSD), Major Depressive Disorder (MDD), Generalized Anxiety Disorder (GAD), anger, guilt, self-blame, and shame are each highly prevalent. Findings also revealed that certain therapeutic methods including Eye Movement Desensitization Reprocessing (EMDR), Supportive Counselling (SC), Progressive Relaxation (PR), Cognitive Reprocessing Therapy (CPT) and Cognitive Restructuring (CR) are associated with …

Victim-Offender Relationships And Their Influence On Crime Brutality And Sentencing Outcomes In Capital Homicide Cases, Samantha Jane Trowbridge

Graduate Theses/Dissertations

This study examines capital murder cases in Missouri from 1976 to 2022 to explore how victim-offender relationships relate to both the brutality of homicides and sentencing outcomes. It addresses three main questions: What are the different types of victim-offender relationships in these cases, and how frequently does each type occur? How do these relationships influence sentencing outcomes, particularly the likelihood of receiving the death penalty versus life without parole? And which types of relationships are associated with the highest and lowest levels of brutality? The study uses official court records and applies a coding process to analyze relationship type, sentencing …

Toward A Decolonial Archive: A Reflection On The Operationalization Process Of Critical Transborder Documentary Production Practice, Ramón Resendiz, Rosalva Resendiz

Criminal Justice Faculty Publications

No abstract provided.

The Keys To The Kingdom: The Unexpectedly Unsettled Definitions Of Security And Sale And The Overruling Of Chevron, Joel Seligman

Scholarship@WashULaw

This article explores two important unresolved questions for the Federal Securities regulation under the Securities Act of 1933 and the Securities Exchange Act of 1934. The definition of security and the definition of sale were increasingly contested and potentially unstable before the United States Supreme Court decision in Loper Bright Enterprises v. Raimondo overruled the Chevron doctrine.

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Jens Frankenreiter, Kevin L. Cope, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Scholarship@WashULaw

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

The Curiously Minor Role Of Minor V. Happersett (Foreword), Susan Frelich Appleton, Travis Crum, Hannah Keidan

Scholarship@WashULaw

This Foreword introduces a symposium marking the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment's Privileges or Immunities Clause did not enfranchise women. Notwithstanding its impact on the women's suffrage movement and the subsequent ratification of the Nineteenth Amendment, Minor presents a puzzle: it is a relatively obscure precedent that remains deeply relevant to contemporary legal debates. To elucidate this point, this Foreword juxtaposes Minor with two notorious Supreme Court decisions: Dred Scott and Dobbs.

Like Dred Scott, Minor pairs a morally repugnant result with legalistic reasoning. But whereas …

Rational Gridlock, Scott Baker, Michael D. Gilbert

Scholarship@WashULaw

We examine the design of lawmaking institutions when advocates have agenda setting power and there is randomness in the status quo laws eligible for reform. The institutional designer maximizes voter welfare. We find that the optimal arrangement consists of two lawmaking institutions that must agree to enact any reforms. The institutions do not share preferences with one another or with the median voter. As a result, gridlock arises: the institutions reject some reforms that the median voter favors. However, when reform succeeds, it tends to be modest in scope and to more closely track what the median voter prefers. The …

International Space Law Under The Trump Administration: Commerce And Security, Melissa (M.J.) Durkee

Scholarship@WashULaw

Early themes of the second Trump administration's orientation toward international space law include military assertiveness, privatization, and nominal diplomatic engagement. These themes carry significant implications for international space law. They pressure longstanding international legal ambiguities, widen existing geopolitical divisions, and raise questions about how public-private interdependence will shape state responsibility and the development of norms in space. This essay was prepared for a special issue of the American Journal of International Law that offers an introduction and overview of the U.S. government's actions across a wide range of international legal issues in the first six months of President Trump's second …

Dark Patterns In The Opt-Out Process And Compliance With The California Consumer Privacy Act (Ccpa), Jens Frankenreiter, Van Hong Tran, Aarushi Mehrotra, Ranya Sharma, Marshini Chetty, Nick Feamster, Lior Strahilevitz

Scholarship@WashULaw

To protect consumer privacy, the California Consumer Privacy Act (CCPA) mandates that businesses provide consumers with a straightforward way to opt out of the sale and sharing of their personal information. However, the control that businesses enjoy over the opt-out process allows them to impose hurdles on consumers aiming to opt out, including by employing dark patterns. Motivated by the enactment of the California Privacy Rights Act (CPRA), which strengthens the CCPA and explicitly forbids certain dark patterns in the opt-out process, we investigate how dark patterns are used in opt-out processes and assess their compliance with CCPA regulations. Our …

Judicial Reform From The Inside Out, Daniel Epps, Marin K. Levy

Scholarship@WashULaw

Prepared for the Notre Dame Law Review’s Spring 2025 Federal Courts Symposium on the 100th Anniversary of the Judiciary Act of 1925.

The Judiciary Act of 1925, the subject of this Symposium, is known as “The Judges Bill” for a reason. The Justices of the Supreme Court, and Chief Justice Taft in particular, produced the Act and persuaded Congress to enact it. To modern eyes, such efforts seem indecorous; perhaps even scandalous. But in fact, Supreme Court Justices and other federal judges have been extensively involved in judicial reform throughout American history. This Essay examines participation by federal judges in …

When Hard Cases Make Bad Law: A Theory Of How Case Facts Affect Judge-Made Law, Sepehr Shahshahani

Scholarship@WashULaw

“Hard cases make bad law” is one of the most famous aphorisms in Anglo-American law. Its insight is that when strict application of a generally sound law would impose a special hardship on someone, a court may be tempted to distort the law to avoid the hardship. Scholars have long debated the meaning and truth of the aphorism, but the debate has suffered from an imprecise conceptualization of what makes a case “hard.” This lack of precision limits our ability to disentangle and work through the important questions the aphorism raises about how the facts of a particular case affect …

The Employment Benefits Of Law Clinics And Externships, Robert R. Kuehn

Scholarship@WashULaw

One of the reasons law students enroll in a law clinic or externship is the belief that the experience will improve their marketability. In a nationwide survey asking what was driving demand for their courses, 94% of externship directors and 66% of law clinic directors said it was, in part, because students believe those courses improve employment opportunities. Surveys of recent law graduates and employers show that students' perceptions of the positive impact of a clinic or externship experience on their job opportunities upon graduation are well founded. Research shows that clinics and externships do aid graduates in obtaining their …

Tortious Interference Revisited, Danielle D'Onfro, Cathy Hwang

Scholarship@WashULaw

Tortious interference with contract has bedeviled legal commentators for over a century. It can provide relief in some situations where straightforward contract breach cannot reach. But these claims have also been derided for threatening competition, at-will employment, free speech, and important guardrails on other private law claims. The doctrine is also difficult to square with theories of efficient contract breach and the long-held view that contracts on their own are not property interests.

Perhaps because of its intellectual awkwardness, tortious interference claims were relatively rare until the twenty-first century. In the last twenty years, the doctrine has exploded in popularity, …