Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 39

Full-Text Articles in Law

Asylum Under Attack, Lindsay M. Harris Oct 2020

Asylum Under Attack, Lindsay M. Harris

Journal Articles

Asylum is under attack. After almost four years of the Trump Administration exercising political control over case law, signing executive orders, drafting presidential proclamations, issuing internal agency guidance and sweeping regulatory changes, and taking other measures, the United States system to protect asylum seekers is being dismantled. The system largely ground to a halt after the Trump Administration co-opted the coronavirus public health crisis to effectively close the southern border to asylum seekers with its March 2020 Center for Disease Control order. This catastrophic order is not even the last in a long line of the Trump Administration’s efforts ...


Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar, Hannah C. Cartwright, Lindsay M. Harris, Liana M. Montecinos, Anam Rahman Jan 2020

Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar, Hannah C. Cartwright, Lindsay M. Harris, Liana M. Montecinos, Anam Rahman

Journal Articles

This article analyzes the ethical obligations for attorneys representing immigrant clients and the consequences of vicarious trauma, compassion fatigue, and burnout for the immigration bar and immigrant clients. The authors identify barriers for immigration attorneys in preventing, recognizing, and responding to vicarious trauma in themselves and colleagues and suggest practical ways that the immigration bar can and should seek to build resilience.


Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae Quinn, Grace R. Mclaughlin Jan 2019

Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae Quinn, Grace R. Mclaughlin

Journal Articles

There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current ...


Withholding Protection, Lindsay M. Harris Jan 2019

Withholding Protection, Lindsay M. Harris

Journal Articles

In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum ...


Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn Jan 2019

Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn

Journal Articles

Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by paroleboards as executive branch agents, rather ...


Youth Suffrage: In Support Of The Second Wave, Mae Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens Jan 2019

Youth Suffrage: In Support Of The Second Wave, Mae Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens

Journal Articles

The 100th anniversary of the 19th Amendment to the United States Constitution is an appropriate moment to reflect on the history—and consider the future—of the right to vote in the United States. High school and college classes teach the nation’s suffrage story as integral to our identity, focusing on the enfranchisement of women under the 19th Amendment and African Americans pursuant to the 15th Amendment.1 Constitutional law courses also present the 15th Amendment as foundational knowledge for the legal profession.2 Critical legal theory and women’s legal history texts frequently cover the 19th Amendment as ...


Wealth Accumulation At Elite Colleges, Endowment Taxation, And The Unlikely Story Of How Donald Trump Got One Thing Right, Mae C. Quinn Jan 2019

Wealth Accumulation At Elite Colleges, Endowment Taxation, And The Unlikely Story Of How Donald Trump Got One Thing Right, Mae C. Quinn

Journal Articles

President Donald Trump has· declared war on immigrants, diversity, and those who dare to dissent. Rooted in resentments about who people are, where they were born, and what they believe, these executive-led assaults are dangerous developments in the modern era. However, in the course of Trump's many retrograde tirades, he has somehow managed to get one thing right-too many elite private colleges in the United States, considered nonprofit entities, have amassed way too much wealth. This Article recounts this unlikely story, including how the Trump Administration's 2017 endowment tax could work to advance diversity. The new endowment tax ...


Dismantling The Master's House: Toward A Justice-Based Theory Of Community Economic Development, Etienne Toussaint Jan 2019

Dismantling The Master's House: Toward A Justice-Based Theory Of Community Economic Development, Etienne Toussaint

Journal Articles

Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging ...


Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn Jan 2019

Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn

Journal Articles

No abstract provided.


Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn Jan 2019

Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn

Journal Articles

No abstract provided.


Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris Jan 2018

Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris

Journal Articles

This essay explores the contemporary practice of detaining immigrant women and children — the vast majority of whom are fleeing violence in their home countries and seeking protection in the United States — and the response by a diverse coalition of legal advocates. In spite of heroic advocacy, both within and outside the detention centers from the courts to the media to the White House, family detention continues. By charting the evolution of family detention from the time the Obama Administration resurrected the practice in 2014 and responsive advocacy efforts, this essay maps the multiple levels at which sustained advocacy is needed ...


The New Gospel Of Wealth: On Social Impact Bonds And The Privatization Of Public Good, Etienne C. Toussaint Jan 2018

The New Gospel Of Wealth: On Social Impact Bonds And The Privatization Of Public Good, Etienne C. Toussaint

Journal Articles

Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of “the Rich and the Poor,” as termed by Andrew Carnegie in his famous essay, remains unsolved. Socially conscious investors have recently called for America to reimagine a new “gospel of wealth”, one that not only grapples with the what of social injustice, but also explores the how and the why of systemic social and ...


Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris Jan 2018

Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris

Journal Articles

Between 2014 and 2017, more than 40 law schools and likely well over 1000 law students engaged in learning within immigration family detention centers. The Trump Administration’s “zero tolerance” policy and implementation of wide-scale family separation in 2018 led to increased involvement by professors and students in the constantly shifting landscape of immigration detention. As the detention of immigrant families becomes increasingly entrenched, this article hits the pause button and assesses the benefits and challenges of the various approaches to, and proposes some principles for, law student engagement in this crisis lawyering in immigration detention centers, for families, and ...


Missouri*@!!?*@! - Too Slow, Mae Quinn Jan 2017

Missouri*@!!?*@! - Too Slow, Mae Quinn

Journal Articles

When asked to share my thoughts at this symposium about contemporary human rights issues in domestic criminal law—and how they manifest in St. Louis, Missouri in particular—I could not help but think of these words. Nina Simone, the brilliant vocal artist and civil rights activist, wrote these lyrics over fifty years ago and then bravely and controversially sang them for a mostly-white audience at New York City’s Carnegie Hall following the 1963 shooting death of Medgar Evers.2 Evers was a military veteran who turned civil rights activist and organizer for the National Association for the Advancement ...


Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint Jan 2016

Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint

Journal Articles

No abstract provided.


From Surviving To Thriving? An Investigation Of Asylee Integration In The United States, Lindsay M. Harris Jan 2016

From Surviving To Thriving? An Investigation Of Asylee Integration In The United States, Lindsay M. Harris

Journal Articles

This article assesses the efficacy of the legal framework for asylees, individuals granted refugee status within the United States, through an examination of the human outcomes following the grant of asylum. To understand how the asylee benefits system actually functions, I conducted more than fifty field interviews with advocates, service providers, and government officials in the San Francisco Bay Area and the Washington, D.C. metropolitan area. This research fills a conspicuous gap in our understanding of what happens after the grant of asylum and reveals a number of insights about the ways in which the prevailing laws, policies, and ...


In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn Jan 2016

In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn

Journal Articles

No abstract provided.


Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, Mae C. Quinn Jan 2016

Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, Mae C. Quinn

Journal Articles

No abstract provided.


Civil Arrest? (Another) St. Louis Case Study In Unconstitutionality, Mae Quinn, Eirik Cheverud Jan 2016

Civil Arrest? (Another) St. Louis Case Study In Unconstitutionality, Mae Quinn, Eirik Cheverud

Journal Articles

This Article advances a simple claim in need of enforcement in this country right now: no person may be arrested for an alleged violation of civil, as opposed to criminal, law. Indeed, courts have long interpreted the Fourth Amendment as prohibiting arrest except when probable cause exists to believe that a crime has been committed and that the defendant is the person who committed the crime. However, in many places police take citizens into custody without a warrant for the non-criminal conduct of allegedly breaking civil laws. This unfortunate phenomenon received national attention in St. Louis, Missouri following the death ...


Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae Quinn Jan 2016

Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae Quinn

Journal Articles

In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead’s important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead’s conclusions about the unfortunate state of affairs in 21st century America— that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor ...


Against Professing: Practicing Critical Criminal Procedure, Mae Quinn Jan 2015

Against Professing: Practicing Critical Criminal Procedure, Mae Quinn

Journal Articles

No abstract provided.


Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn Jan 2015

Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn

Journal Articles

No abstract provided.


From Turkey Trot To Twitter: Policing Puberty, Purity, And Sex-Positivity, Mae C. Quinn Jan 2014

From Turkey Trot To Twitter: Policing Puberty, Purity, And Sex-Positivity, Mae C. Quinn

Journal Articles

For over one hundred years, American social structures have largely embraced two central principles—the innocence of children and the omniscience of adults. But as we now know from behavioral and development experts, adolescents—neither children nor adults—challenge such simplistic categories. In resisting binaries, adolescents represent a threat to the standard world order. But rather than simply accepting the fluid nature of adolescents and adolescence, American adults continually try to manage, regulate and control teens in ways that deny their agency, encroach upon their personhood, and impede social change. From outward appearance, to physical presence, to intimate communications and ...


The Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, Mae C, Quinn Jan 2013

The Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, Mae C, Quinn

Journal Articles

For years Missouri has been touted as a model for juvenile justice. Stakeholders and commentators continually declare that the Show-Me State – with its “Missouri Model” – employs the most modern and innovative ap-proaches when it comes to treatment of court-involved youth. This account is reflected in press coverage, television news shows, and agency white papers. But this is only part of the picture; there is much more happening in Missouri when it comes to juveniles. However, this “other” part of the story seldom has been openly discussed – until now.1. This Article seeks to contrast the rosy picture painted on the ...


Giving Kids Their Due: Theorizing A Modern Fourteenth Amendment Framework For Juvenile Defense Representation, Mae C. Quinn Jan 2013

Giving Kids Their Due: Theorizing A Modern Fourteenth Amendment Framework For Juvenile Defense Representation, Mae C. Quinn

Journal Articles

This Essay advocates expansion of the right to and role of juvenile-defense counsel under the Fourteenth Amendment as articulated by the Supreme Court in In re Gault. It makes this move in light of the evolution of juvenile-court practices over time and modern understandings of adolescent development principles. In doing so it takes a different approach than many advocates and academics who have called for greater reliance on the concepts established in Gideon v. Wainwright and its progeny, relating to the right to and role of counsel in adult-criminal proceedings. Instead it suggests that standards of representation for juveniles must ...


Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn Jan 2012

Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn

Journal Articles

This collection of articles explores the ongoing evolution of juvenile justice standards, sharing important theoretical insights about the current state of the law as well as experience-based lessons from committed juvenile practitioners who confront important youth justice issues in our communities and courts. It is being published in conjunction with Washington University‘s 12th annual Access to Equal Justice Colloquium, which this year sought to bring together stakeholders from the national, state, and local levels to share and build juvenile justice expertise during a day-long conference.2 Our goal was to consider where we have been, where we are now ...


Feminist Legal Realism, Mae C. Quinn Jan 2012

Feminist Legal Realism, Mae C. Quinn

Journal Articles

This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those ...


The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn Jan 2012

The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn

Journal Articles

In 1973, Time magazine described a national school system under siege.2 In its article "Blackboard Battlegrounds: A Question of Survival," Time reported that troubled urban youth were rejecting education, terrorizing teachers, and turning the country's schoolyards into battlefields. 3 Claiming that simple survival in the face of such insurgency had become the top priority of school administrators, the article quoted one educator as stating, "'You can't teach anything unless you have an atmosphere without violence."' Despite concerns about a culture of aggression and hostility within the education setting, the article went on to laud new national experiments ...


Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris Jan 2012

Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris

Journal Articles

This article examines the use of country conditions experts in gender-based asylum claims, with a focus on African women and girls facing gender-based violence in their countries of origin. Using anonymous case examples from the work of the Tahirih Justice Center’s African Women’s Empowerment Project, the article explores the role of experts and the critical bridge that experts can provide in asylum claims adjudicated at the asylum office and in immigration court. A brief overview of U.S. asylum law and procedures sets the stage for a deeper look at expert evidence.


Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae Quinn Jan 2010

Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae Quinn

Journal Articles

A longtime social justice activist and clinical professor, Douglas Colbert,2 recently sought information from colleagues across the country3 for the second part of an important project examining a lawyer’s ethical obligation to engage in pro bono work during a time of crisis, such as the aftermath of Hurricane Katrina or 9/11.4 He sent out surveys to learn which schools actually taught the Preamble to the ABA Model Rules of Professional Conduct in ethics or other courses.5 As Professor Colbert’s letter explained, the Preamble states: “A lawyer, as a member of the legal profession, is ...