Legal Studies Commons^™

Justice Delayed Is Justice Denied: Moving Forward With A New Crimes Against Humanity Treaty, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

Eleven years after the International Law Commission (ILC) began considering the topic of crimes against humanity, and nearly 80 years after the London Charter was negotiated in the ashes of World War II, will States finally begin negotiating a new crimes against humanity treaty next year? The answer is not yet clear, although an overwhelming majority of the States expressing themselves last week said “yes.” This essay is a snapshot of the current state of play and is based on our firsthand observation of the plenary debate as well as discussions with State delegates and members of civil society. Negotiations …

A Draft Treaty On Crimes Against Humanity Draws More Engagement From States, Leila Nadya Sadat

Scholarship@WashULaw

The world’s first treaty on crimes against humanity inched closer to reality as the U.N. General Assembly’s Sixth (Legal) Committee recently wrapped up the last of a series of “resumed sessions” before States decide this October whether to proceed to formal negotiations on the document. Significantly more States and regional groups intervened during the most recent session, held last month, than in 2023, and the number that support the draft increased. Representatives of civil society also were present in much higher numbers, issuing a “Joint Statement in Support of Progress toward a Crimes Against Humanity Treaty” from more than 400 …

Fragmented Futures: Publication Choices And The Evolution Of International Legal Scholarship, Melissa (M.J.) Durkee

Scholarship@WashULaw

How we produce and disseminate international legal scholarship affects can affect how international law itself develops. Fragmentation and siloing of international legal scholarship can diminish the coherence of international law as a shared social practice across national borders. It can also diminish the perceived salience of international law within the United States, contributing to U.S. propensities toward exceptionalism and isolationism. Non-traditional publication formats have equalizing and connecting functions, but there is still room for growth when it comes to aggregating scholarship across regional, linguistic, and disciplinary divides. Finding ways to do that will help international lawyers better accomplish the field’s …

A Regime Of Statutes: Building A Modern President In Gilded Age America (1873-1921), Andrea Scoseria Katz

Scholarship@WashULaw

At a time when the Supreme Court is turning its sights on the administrative state and enhancing the profile and powers of the president, it is worth recalling that behind our national complex of agencies lies a constitutional settlement that has structured government for approximately one hundred and thirty years. Its roots lie in the period from 1873-1921, and its defining values are interbranch cooperation, delegated problem-solving authority, and administrative expertise. This Article proposes to tell its story.

A century and a half ago, America was just healing from its Civil War wounds when a host of new problems descended: …

Less Discriminatory Algorithms, Pauline Kim, Emily Black, John Logan Koepke, Solon Barocas, Mingwei Hsu

Scholarship@WashULaw

Entities that use algorithmic systems in traditional civil rights domains like housing, employment, and credit should have a duty to search for and implement less discriminatory algorithms (LDAs). Why? Work in computer science has established that, contrary to conventional wisdom, for a given prediction problem there are almost always multiple possible models with equivalent performance—a phenomenon termed model multiplicity. Critically for our purposes, different models of equivalent performance can produce different predictions for the same individual, and, in aggregate, exhibit different levels of impacts across demographic groups. As a result, when an algorithmic system displays a disparate impact, model multiplicity …

Criminal Law Minimalisms, Benjamin Levin

Scholarship@WashULaw

What is criminal law minimalism? At first blush, it appears to be the sober and sensible cousin of abolition. Where the language of abolition is radical and absolute, the language of minimalism speaks to moderation, pragmatism, and nuance. While I appreciate calls for nuance, I’m not sure that minimalism offers the clarity it promises or answers the hard questions about how to address the ills of the U.S. criminal system.

As a theory or label, minimalism raises two major questions: (1) a question of scope; and (2) a question of scale. On the question of scope, what exactly should be …

The Major Questions Doctrine: Unfounded, Unbounded, And Confounded, Ronald M. Levin

Scholarship@WashULaw

As explicated by the Supreme Court in West Virginia v. EPA in 2022, and reaffirmed in Biden v. Nebraska in 2023, the “major questions doctrine” provides that an administrative agency’s rule in a “major” case must rest on “clear congressional authorization.” Many commentators have deplored the major questions doctrine on the basis of its policy consequences. This Article offers a critique of the doctrine from a different angle. It primarily contends that the reasons the Court has given for enforcing the doctrine do not withstand scrutiny, even on their own terms.

In West Virginia and Nebraska, the Court relied heavily …

The Pedagogical Value Of Clinical Amicus Advocacy, Steven J. Alagna

Scholarship@WashULaw

This Essay makes a case for why clinical appellate amicus advocacy is particularly well suited to foster valuable experiential learning in the public interest. First, the Essay explores amicus advocacy in general, including its purposes and effectiveness. The Essay then turns to a survey of the educational benefits of amicus opportunities. Importantly, the process of identifying and pursuing amicus-eligible cases is rife with pedagogical benefits, including maximizing student engagement by broadening the kinds of cases to which students can engage (especially incorporating an element of choice that empowers students to engage with legal questions that carry a personal valence), teaching …

Subjective Costs Of Tax Compliance, Jonathan H. Choi, Ariel Jurow Kleiman

Scholarship@WashULaw

This Article introduces and estimates the “subjective costs” of tax compliance, which are costs of tax compliance that people experience directly and individually. To measure these costs, we conducted a survey experiment assessing how much taxpayers would pay to reduce the unpleasantness associated with filing a tax return. The experiment revealed that taxpayers are more concerned about inadvertent mistakes in their tax filings than the time spent on compliance. Respondents also only ascribed meaningful value to eliminating all tax compliance work; they ascribed essentially no value to marginal time savings. Additionally, taxpayers were indifferent between simplification services offered by a …

Lawyering In The Age Of Artificial Intelligence, Jonathan H. Choi, Monahan Amy, Daniel Schwarcz

Scholarship@WashULaw

We conducted the first randomized controlled trial to study the effect of AI assistance on human legal analysis. We randomly assigned law school students to complete realistic legal tasks either with or without the assistance of GPT-4, tracking how long the students took on each task and blind-grading the results. We found that access to GPT-4 only slightly and inconsistently improved the quality of participants’ legal analysis but induced large and consistent increases in speed. AI assistance improved the quality of output unevenly—where it was useful at all, the lowest-skilled participants saw the largest improvements. On the other hand, AI …

Independence Through Judicialization: The Politics Surrounding Administrative Adjudicators 1929-1949, Lawrence J. Liu

Scholarship@WashULaw

One front in today’s battle to define the scope of the administrative state concerns the authority, status, and future of its 10,000-plus administrative adjudicators. Decisions by federal courts and the executive branch to increase the dependence of administrative adjudicators on the executive have sparked strong reactions from observers, with many advocating for measures to increase adjudicator “independence.” But who should administrative adjudicators be independent of, which ought to be independent, and why? Calls for administrative adjudicator independence are not new. This Article draws on primary documents produced by private actors, congressional decisionmakers, and federal executive agents to present a political …

Fat And Water Content Effects Of Three Food Substrates (Ground Veal, Ground Beef, And Beef Liver) On Lucilia Sericata (Diptera: Calliphoridae) Development And Mortality, Nicole Dailey

Master of Science in Forensic Science Directed Research Projects

Although temperature has been identified as the most important catalyst affecting blow fly larval development, other variables encountered by these species, such as the fat and moisture content of the food source, may have an impact on accurate estimations of the PMImin in forensic investigations. Thus, body composition differences between human carrion, such as variations in body fat and water percentages between younger and older individuals, or heavier persons, could affect blow fly developmental rates, and in turn cause over or under estimations of the PMImin. In this study, the weight, length, and development times of Lucilia sericata third instar …

A Comparative Analysis Of Swabbing Solutions For Sexual Assault Evidence: Direct Impact On Spermatozoa And Dna Recovery, Olivia Q. Kassie

Master of Science in Forensic Science Directed Research Projects

Forensic laboratories struggle with a backlog of sexual assault cases, prompting the need for effective techniques to develop consistent protocols and address scientific gaps. Challenges in recovering optimal DNA from assault evidence stem from factors like collection timing and sampling variables. Variations in lab protocols can lead to differences in DNA yields and profile success. This was observed in a state lab when protocols were developed allowing the use of acetone to swab sexual assault evidence. The use of acetone originated due to their case-routing protocols in multi-section cases involving latent fingerprints. While not necessary for sexual assault and porous …

Evaluation Of Charcoal Strip Extraction Efficiency Under Varying Substrate Conditions, Abby Wester

Master of Science in Forensic Science Directed Research Projects

The ability of a forensic examiner to identify the presence of ignitable liquids (ILs) in fire debris collected from the area of origin of a fire is an essential component for determining intent in fire investigations. However, this relies on an effective extraction method that provides a complete picture of what is present in the debris. In this study, eight substrate materials underwent three different treatments: a low-volume of substrate that was unburned, a low-volume of substrate that was burned, and a high-volume of substrate that was unburned. Each sample was spiked with a 1:1 mixture of gasoline and diesel …

Discrimination Of Blue Denim Fibers Utilizing Physical Characteristics, Optical Properties, Fluorescence Microscopy, Ultraviolet-Visible Microspectrophotometry, And Microchemical Testing, Elkin Howard

Master of Science in Forensic Science Directed Research Projects

Cotton, the most common natural fiber, has numerous uses in the textile industry. This fiber type is ubiquitous in forensic casework due to its prevalence, particularly in blue jeans. The abundance of blue cotton in society and its limited variations in features can diminish the probative value of its presence on items of evidence. While a pair of blue jeans may be constructed with a combination of natural and manufactured fibers, the most likely fiber type to be transferred between sources is cotton. In this study, a comprehensive analytical approach to blue jean fiber analysis was explored to determine if …

Cellular Autofluorescence Signatures For Determining Time Since Deposition Of Whole Blood, Hannah Lamer

Master of Science in Forensic Science Directed Research Projects

Knowledge of the relative window of time that evidentiary biological material was deposited at a crime scene, referred to as the time since deposition (TSD), would help investigators determine which evidentiary items are most probative and assist with scene reconstruction. One commonly encountered body fluid at a crime scene is blood. Various methods for estimating TSD of bloodstains have been developed, but none to date have been validated for use in the forensic laboratory. Recently, flow cytometry measurements of cellular autofluorescence and size/structure have been investigated as a signature for TSD of saliva and touch epidermal cells. This study assessed …

A Novel Dual Configuration Dart/Uhplc-Ms/Ms System For The Rapid Analysis Of Psilocybin-Containing Mushrooms And Other Seized-Drug Submissions, Aron R. Jaffe

Master of Science in Forensic Science Directed Research Projects

The use and availability of controlled substances is highly dynamic. When a classical or novel psychoactive substance becomes popular, an influx of seized-drug evidence submissions closely follows, contributing to an ever-growing backlog of exhibits awaiting identification. The need for inclusive, rapid, and robust analytical methods is apparent, as demonstrated by recent growth in hallucinogen use. Psilocybin and psilocin, among other entheogens, have become increasingly popular and an increase of psilocybin mushroom seizures by law enforcement has followed. The structural similarity and thermal lability of many entheogens preclude their identification using many conventional analysis techniques. A DART and UHPLC were interchangeably …

Exploring Police K-9 Deaths, Their Causes, And Possible Remedies, John Wise

College of Graduate Studies: Theses & Dissertations

Police K-9s face daily dangers due to their work. Data collected by the Officer Down Memorial Page from 2000-2023 on K-9 deaths (N = 405) shows that of K-9s that die in the line of duty, many fall victim to heat stroke. Research was conducted comparing heat stroke to all other causes of death. Through an exploration into the history of mankind’s use of working dogs, the unique capabilities of both dogs and K-9 specific dog breeds and applying Routine Activity Theory and Lifestyle Routine Activity Theory to police K-9s, this study’s objective is to bring awareness to, and …

The Pursuit Of Peace: Adlai Stevenson’S Impact On The Cuban Missile Crisis, Alexandra M. Buonanno

Pell Scholars and Senior Theses

This paper explores the idea that Adlai Stevenson was a more significant member of the Executive Committee of the National Security Council and voice for peace than given credit for. It includes the betrayal of Stevenson by JFK during the Bay of Pigs fiasco and how many members of the Kennedy administration felt Stevenson was too naive and weak to be an ambassador to the United Nations during the Cold War. This papers seeks to prove that without Adlai Stevenson the Cuban Missile Crisis would have ended horrifically rather than peacefully.

Eco-Illusions: Unveiling Greenwashing Techniques On Corporate Social Media, Madeline B. Davis

Pell Scholars and Senior Theses

As the climate crisis continues, businesses are becoming savvier with how they communicate their environmental impact to their audiences. Greenwashing, the act of making unsubstantiated claims about the environmental friendliness of products, is becoming more popular amongst unsustainable corporations. Past research shows that companies are using specific techniques to deceive consumers. By conducting a content analysis of five corporate Instagram accounts from companies with past greenwashing allegations, this research used four main criteria to categorize greenwashed posts: color palette recurrent language, pleasant nature imagery, and vague appeals. Vague appeals were most commonly used online. Understanding how companies are perpetuating greenwashing …