Social and Behavioral Sciences Commons^™

The Unabridged Fifteenth Amendment, Travis Crum

Scholarship@WashULaw

In the legal histories of Reconstruction, the Fifteenth Amendment’s drafting and ratification is an afterthought compared to the Fourteenth Amendment. This oversight is perplexing given that the Fifteenth Amendment ushered in a brief period of multi-racial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the historical record and provides a thorough accounting of the Fifteenth Amendment’s text, history, and purpose.

This Article situates the Fifteenth Amendment within the broad array of constitutional provisions, federal statutes, fundamental conditions, and state laws that enfranchised—and disenfranchised—Black men during Reconstruction. This Article then performs …

Becoming The Administrator-In-Chief: Myers And The Progressive Presidency, Andrea Scoseria Katz, Noah A. Roseblum

Scholarship@WashULaw

In a series of recent cases, the Supreme Court has mounted an assault on the administrative state, guided by a particular vision of Article II. According to the Court’s scheme, known as the theory of the unitary executive, all of government’s operations must be housed under one of three branches, with the single head of the executive branch shouldering a unique and personal responsibility for the administration of federal law. The Constitution is thus said to require that the President have expansive authority to supervise or control the government’s many agencies.

Guiding each of the Court’s recent decisions is Myers …

Rethinking Innovation At Fda, Rachel Sachs, W. Nicholson Price Ii, Patricia J. Zettler

Scholarship@WashULaw

In several controversial drug approval decisions in recent years, the Food & Drug Administration (FDA) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the agency has come to make many innovation-related judgments as part of …

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

Privatizing International Governance, Melinda (M.J.) Durkee

Scholarship@WashULaw

Public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan’s launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, and other global governance agendas. At the same time, UN climate change bodies have been criticized …

Fourth Amendment Notice In The Cloud, Neil M. Richards, Jesse Lieberfeld

Scholarship@WashULaw

The widespread storage of documents through the range of Internet technologies known as “the cloud” offers tremendous convenience but also creates significant risks of exposure to third parties. In particular, law enforcement investigators seeking access to potentially relevant evidence have aggressively and extensively used the Electronic Communications Act of 1986 (“ECPA”) to execute digital searches. But a relatively obscure provision of ECPA, § 2703, allows law enforcement to search a person’s Fourth Amendment “papers” without them ever learning that a warrant has allowed the exposure of their private, sensitive, and possibly incriminating documents. What is more, federal and state law …

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

Space Law As Twenty-First Century International Law, Melinda (M.J.) Durkee

Scholarship@WashULaw

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …

The Pledging World Order, Melinda (M.J.) Durkee

Scholarship@WashULaw

There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …

Comments Of The Cordell Institute On Ai Accountability, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

These comments are a response to the National Telecommunications and Information Administration's 2023 request for comment on AI accountability (AI Accountability RFC, NTIA–2023–0005).

Responding to NTIA’s recent inquiry into AI assurance and accountability, we offer two main arguments regarding the importance of substantive legal protections. First, a myopic focus on concepts of transparency, bias mitigation, and ethics (for which procedural compliance efforts such as audits, assessments, and certifications are proxies) is insufficient when it comes to the design and implementation of accountable AI systems. We call rules built around transparency and bias mitigation “AI half-measures,” because they provide the appearance …

A Concrete Proposal For Data Loyalty, Neil M. Richards, Woodrow Hartzog, Jordan Francis

Scholarship@WashULaw

Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued “notice and choice” model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart of their proposed privacy bills. This is important because a duty of data loyalty has the potential to anchor American privacy law in a way analogous to how the European Union approach is grounded in fundamental rights of privacy and data protection.

Unfortunately, there remains some …

A Qualitative Study Of Understanding Female Navy Veterans’ Experiences With Representation And Inclusion In The U.S. Military, Antwanisha K. Williamson

University of the Pacific Theses and Dissertations

Research about women in the military helps to address the ongoing concerns about the lack of inclusion of female perspectives, which contributes to oppressive power dynamics and lack of women’s representation in practice, policy, and procedures. The problem this dissertation addressed is the lack of representation and inclusion of female perspectives regarding power and privilege that affect military practices, policies, and procedures. The purpose of this qualitative study was to understand female Navy veterans’ experiences with representation and inclusion in military practices, policies, and procedures. Applying a larger conceptual framing using radical feminism, liberal feminism, and critical theory helped to …

Analyzing Media Representations Of Rape Investigations And Interrogating The Representation Of Victim Blaming And Rape Myths: A Feminist Rhetorical Critique On The Netflix Limited Series Unbelievable, Kelly N. Hutchison

University of the Pacific Theses and Dissertations

The problematic portrayals of rape investigations in televised media reify a culture ofvictim blaming and perpetuate an ideology that is harmful to victims and survivors. This thesis utilizes a feminist rhetorical critique to analyze the gender and socioeconomic representations of rape victims and rape investigators, in the Netflix limit series Unbelievable, to understand the problems in their portrayals. In a world where individuals are consuming media constantly, it is important to be critical of media representations because even seemingly progressive media representations may perpetuate harmful stereotypes.

Down The Bay Oral History Project Newsletter - Spring 2023, Center For Archaeological Studies, Mccall Library

Down the Bay Oral History Project Newsletter

Public newsletter sharing information about progress and discoveries during the ongoing Down The Bay Project.

Down The Bay Oral History Project Newsletter - Summer 2023, Center For Archaeological Studies, Mccall Library

Down the Bay Oral History Project Newsletter

Public newsletter sharing information about progress and discoveries during the ongoing Down The Bay Project.

Contributions To Professional School Counselors Entering And Remaining In The Profession: A Grounded Theory, Kathryn Babb

Electronic Theses and Dissertations, 2020-2023

As the mental health needs of children and adolescents have reached a crisis level, the need for trained mental health professionals in the field is as important as ever. However, many states are currently experiencing a shortage of educators, including school counselors. Therefore, the purpose of this study is to understand the factors that contribute to school counselors selecting their career, as well as understanding what elements lead to the retention of professional school counselors. As there are no existing theories related to understanding the career choice of professional school counselors, nor pertaining to the supports leading to the retention …

Two Essays On Esg, Natalya Bikmetova

Electronic Theses and Dissertations, 2020-2023

My dissertation studies the potential for the increased importance of Environmental, Social, and Governance (ESG) information for corporations and investors in the U.S. market. In my first essay, I examine the effect of coverage by ESG rating agencies on firm ESG performance and disclosure policy. To control for the selection in coverage, I construct a sample of firms with existing ESG ratings from some agencies and study the marginal effect of an additional coverage on a firm relative to firms that did not receive the additional coverage. I find that when firm ESG coverage intensifies, its ESG ratings improve, its …

Employee Volunteering: Integrating The Volunteering And Helping Literatures Using A Latent Profile Approach, Emily Broksch

Electronic Theses and Dissertations, 2020-2023

In recent years, more and more organizations are being held responsible for the social impact of their organizational priorities, commonly referred to as corporate social responsibility. As a result, there has been an increased implementation of employee volunteering initiatives. However, research on volunteering has largely remained separate from the context of work. As the prevalence of employee volunteering initiatives continues to grow, the need to integrate the theoretical and practical findings from the volunteering literature with that of the extensively studied and related discretionary prosocial work behavior (i.e., organizational citizenship behavior) research has become increasingly apparent. This dissertation examines how …

Utilizing Carbon And Nitrogen Stable Isotopes To Examine Elite Juvenile Diet Of Individuals From Meroitic Sai Island, Sudan, Anelis Diaz

Electronic Theses and Dissertations, 2020-2023

Limited research has assessed the lived experiences of juveniles during the Nubian Meroitic Period (300 BCE - 350 CE). Therefore, the focus of this research is to examine dietary patterns throughout development of elite juveniles from Sai Island, Sudan to identify if dietary variations exist throughout development that may be a result of social differences within the juvenile population. Carbon and nitrogen stable isotope analyses of tooth dentin from the 1st, 2nd, and 3rd molars of 11 adult individuals interred at cemetery 8-B-52.B on Sai Island are utilized to examine diet through the life course. As each tooth corresponds to …

Two Essays On The Airbnb Market, Debanjana Dey

Electronic Theses and Dissertations, 2020-2023

This dissertation analyses the Airbnb market in Orange County, FL to provide insight on the performances of short-term vacation rentals listed on the platform. In the first essay we examine the factors affecting the demand and supply of this real estate sector before and after the Covid-19 pandemic, using occupancy, pricing and revenue models. The results identify the aspects of the Airbnb peer-to-peer sharing model that do and those that do not recover quickly after local covid restrictions are lifted. In particular, host experience, professional management, and proximity to major tourist attractions are some of the key factors that generate …

Defining Sober Harms And Factors That Influence Them: Blame It On The Alcohol?, Jessica Flori

Electronic Theses and Dissertations, 2020-2023

Reductions in alcohol use have often led to smaller reductions in harms than expected, and this may result from inadequate measurement of alcohol-related consequences. Harms questionnaires typically include consequences that can occur in the absence of alcohol use leading to an over attribution of certain harms to drinking (e.g., an individual might endorse engaging in risky behavior while drinking and while sober). The purpose of this study was to examine limitations of harms assessment by collecting data on frequency of harms while drinking and while sober, and to identify potential determinants of harms unrelated to alcohol use. College student participants …

Using Gis To Better Understand The Cracker Community Of Pat's Island In The Ocala National Forest, Florida, Nicholas Kopp

Electronic Theses and Dissertations, 2020-2023

This research uses GIS methods to contextualize a Florida Cracker community in the Ocala National Forest. My case study is drawn from two seasons of fieldwork and supporting desktop surveys associated with Pat's Island, the home of multiple Cracker families. Cracker culture is historically categorized by its efforts to avoid modernization and prevent the commercialization of traditional lifeways in the quickly shifting society of late-19th and early 20th-century Florida. The geospatial expressions of these Cracker values are an emphasis on semi-remote living, adaptations to a unique environmental context, and the development of a semi-self-sufficient community. This research evaluates how GIS …

Error Rate Determination Of Latent Print Chemistry Via 1d And 2d Gas Chromatography, Jessica Kindell

Electronic Theses and Dissertations, 2020-2023

Latent print evidence collected from crime scenes are analyzed and compared by examiners using the ACE-V protocol (Analysis, Comparison, Evaluation-Verification) to identify potential suspects. However, smudged and poor-quality prints, usually deemed inconclusive, could be utilized for source association or discrimination based on the chemistry of the oils and sweat that comprises the latent print residue (LPR). For this research, LPRs were collected from various places on the face and analyzed via two-dimensional gas chromatography-mass spectrometry (2D GC-MS), one-dimensional (1D) GC-MS, and direct analysis in real time-high resolution mass spectrometry (DART-HRMS). LPR recovery with two common sample preparation methods, derivatization and …

It's In The Design: Student Perceptions Of Intercultural Interactions In Online Communication Classrooms, Darius Lana

Electronic Theses and Dissertations, 2020-2023

This study identifies how intercultural interaction takes place in online communication courses within higher education. Radically politicized efforts to remove discussion around identity and difference from education and increased enrollment in online courses has raised a concern regarding the degree to which diversity, equity, and inclusion goals are being met in college classrooms generally and online sections specifically. This study identified how current pedagogical content, structure, and delivery of online communication courses may impact intercultural interaction and interaction. Findings indicate a need to address the design of online communication courses to better meet the desired intercultural interaction of the students …

Locating The Attentional Template Using Theta-Gamma Coupling, Michael Miuccio

Electronic Theses and Dissertations, 2020-2023

A significant amount of research has investigated the underlying neural mechanisms that enable the direction of attention throughout a search array. The biased competition model (Desimone & Duncan, 1995) proposes that an attentional template (the neural instantiation of the search target) is created when the target representation in visual working memory (VWM) is communicated to frontal regions which then bias early visual areas to attend to target features. Despite this, much of the current work focuses solely on the target representation in VWM, which is only one small part of the attentional template according to biased competition. Thus, I used …

Investigating Mobility Across The Life Course Through Stable Isotope Analysis At The Early Medieval Site Of Berettyóújfalu Somata, Hungary, Brianna Jayne Muir

Electronic Theses and Dissertations, 2020-2023

The Migration Period (375 to 568 CE) of Central and Eastern Europe was a tumultuous time politically, culturally, and socially. Historical and archaeological evidence provide support for the large-scale movement of multiple tribes and groups, including the Gepids and Avars, although biogeochemical evidence for mobility is currently limited for these populations. Mobility can impact individual and group health and identity, and has socio-political implications for broader regions involved. As such, identifying the extent and scale of mobility within a given population can provide nuanced insights into multiple aspects of life and society in the past. To investigate mobility in a …

Stress Appraisals Of Organizational Change: The Role Of Adaptability And Communication, Wheeler Nakahara

Electronic Theses and Dissertations, 2020-2023

This two-part study used a field study and experimental vignette design to investigate predictors (extent of change, adaptability, and communication) of threat, hindrance, and challenge appraisals of change. The field study also examined employee well-being, job attitudes, and behaviors as outcomes of these appraisals. Drawing from stress appraisal theory, the primary goal of the study was to add to our knowledge of how personal characteristics and contextual factors relate to positive and negative appraisals of change and how those appraisals manifest in employee related outcomes. I hypothesized that adaptability and high-quality communication would function as resources that promote positive appraisals, …

Neural Dynamics Of Categorical Representations Used For Visual Search, Ashley Phelps

Electronic Theses and Dissertations, 2020-2023

Decades of visual attention research have predominantly used pictorial search paradigms that cue participants with the exact perceptual details of the target. However, in everyday life, people often search for categories rather than specific items (i.e., any pen rather than a specific pen). To study visual attention in a more realistic context, researchers can use categorical search paradigms that cue participants with text indicating the target category. In these instances, one must rely on long-term memory to retrieve categorical features of the target. Both experiments in this study were a reanalysis of experiments previously designed and collected by Schmidt and …

A Pilot Study Of An Immersive Folktale User Experience, Iulia Popescu

Electronic Theses and Dissertations, 2020-2023

Immersive media provides new avenues for preserving and sharing traditional folktales. To keep up with modern generations and continue to cultivate an interest in the arts as well as different cultures, this researcher argues that storytellers need to keep on adapting by conveying stories in new ways. Virtual Reality (VR) offers an interesting medium to present and preserve folktales. The goal of this study is to evaluate the user and learner experience of an immersive digital media application design using a think aloud protocol, surveys, and tests to document what worked and what did not in the design, including if …