Social and Behavioral Sciences Commons^™

The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn

Faculty Scholarship

This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

Domestic Violence In Immigrant Communities: Breaking The Cycle, Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Dissemination Event

Dr. Ferzana Chaze and Dr. Bethany Osborne, and their fellow authors family lawyer Archana Medhekar, and Dr. Purnima George, Ryerson University discuss their recently published book Domestic Violence in Immigrant Communities: Case Studies. This book opens up an important conversation about the impact of domestic violence within immigrant communities and seeks solutions for how the social service and justice sectors can work more effectively to support vulnerable immigrant women and their families.

In this webinar they are joined by an exciting panel of experts, to discuss the importance and relevance of the topic, and possible next steps in breaking the …

Do Gun Policies Really Protect Women? A Cross-National Test Of The Relationship Between Gun Regulations And Female Homicide Victimization, Janet Stamatel, Kathleen Ratajczak, Robert Hoekstra

Sociology Faculty Publications

Globally, firearms are the most frequent means of committing homicide with young males most likely to be victimized with guns. However, within the context of intimate partner violence and family violence, females’ risk of lethal gun violence rises significantly, supporting the need to pay more attention to firearms to reduce lethal VAW. One way to protect women from firearm violence within the private sphere is to regulate access to guns based on the risk of family violence. This study examines the extent to which gun availability and gun regulations affect lethal violence against women in a relatively large sample of …

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …

Domestic Violence In Immigrant Communities: Case Studies (Spanish), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Book

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Spanish so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Domestic Violence In Immigrant Communities: Case Studies, Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books & Chapters

“Domestic Violence in Immigrant Communities: Case Studies” is a freely accessible eCampus Ontario Pressbook containing case studies of immigrant women experiencing domestic violence to be used as educational materials. The contents were created by analysing closed legal case files of 15 immigrant women living in Ontario who experienced domestic violence. The comprehensive case studies that emerged from this research present domestic violence experienced by immigrant women in all its complexity, highlighting their unique vulnerability at the intersections of race, gender and immigration status. The book also highlights the different legal processes that these women encounter in seeking justice and the …

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

The Law Of Crime Concentration In Midsized Cities: A Spatial Analysis, Hannah Ridner

Masters Theses & Specialist Projects

The geographic concentration of crime led to the proposal of the law of crime concentration in 2015 by David Weisburd. This contribution to crime and place literature needs further research to properly define, measure, and confirm this law. This study builds upon measurement techniques used in previous studies to measure crime concentration across a random sample of mid-sized cities, estimate the expected Gini coefficient in mid-sized cities, and analyze the variation in crime concentration across mid-sized cities. Determining the expected level of crime concentration and whether it varies across cities will advance the literature by providing both a benchmark for …

Merciless: Psychopathic Criminals And How The Criminal Justice System Can Protect Us From Them, Dilara Gingerich

Student Symposium

For my presentation, I will discuss an independent study I did with Dr. Durst in the Fall of 2018, in which I wrote about psychopaths and ways the criminal justice system (CJS) can protect society from them. I will first briefly define psychopathy and explain the personality traits associated with it. I will dedicate the rest of my time to explaining ways I believe the CJS can use information about psychopathy to protect society from criminals with that condition. Psychopathy is a subtype of antisocial personality disorder (APD) that is characterized by a lack of empathy and remorse, manipulative and …

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

College Access For Undocumented Students And Law, Jessica C. Enyioha

Educational Considerations

There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper, undocumented students’ access to postsecondary education in the US is examined: laws that affect their access to postsecondary education, previous cases on access to education for undocumented students, and the difficulties undocumented students often encounter when pursuing postsecondary education are discussed and analyzed. Best practices …

Central California's Juvenile/Dependency And Criminal Courts' Treatment Of Parent-Child Contact, Cheryl Oslinker Spano

Walden Dissertations and Doctoral Studies

Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each jurisdiction's …

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus

Dignity: A Journal of Analysis of Exploitation and Violence

This article, co-authored by a six-year survivor of the sex trade industry in Germany (Sandra Norak) and a psychologist and trauma therapist (Ingeborg Kraus), provides perspectives on the difficulty of withstanding the coercion of traffickers and the difficulties of exiting prostitution in a country in which prostitution has been legalized, normalized and made “a job like any other.” This normalization persuades survivors to believe their traffickers that it is a legitimate occupation and encourages them to endure the violence. Liberalization also has prevented the development of needed trauma services to those seeking to exit the sex trade industry.

Judicious Imprisonment, Gregory Jay Hall

All Faculty Scholarship

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and …

Law And Family Formation Among Lgbq-Parent Families, Emily Kazyak, Brandi Woodell, Kristin S. Scherrer, Emma Finken

Department of Sociology: Faculty Publications

This article addresses how the law affects family formation among families with lesbian, gay, bisexual, and queer (LGBQ) parents in the United States. Our discussion draws on a socio-legal approach to law that focuses not only on the law on the books (what we refer to as “legal barriers”) but also on issues like how the law is practiced, how people experience the law in everyday life, and how the law serves as an interpretive framework through which people understand themselves and their families (what we refer to as “social barriers”). In our review, we highlight how attorneys can play …

Testing A Social Schematic Model Of Police Procedural Justice, Justin T. Pickett, Justin Nix

Criminology and Criminal Justice Faculty Publications

Procedural justice theory increasingly guides policing reforms in the United States and abroad. Yet the primary sources of perceived police procedural justice are still unclear. Building on social schema research, we posit civilians’ perceptions of police procedural justice only partly reflect their personal and vicarious experiences with officers. We theorize perceptions of the police are anchored in a broader “relational justice schema,” composed of views about how respectful, fair, and unbiased most people are in their dealings with others. Individuals’ experiences with certain nonlegal actors and neighborhood environments should directly affect their relational justice schema and indirectly affect their evaluation …

Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin

Criterion: A Journal of Literary Criticism

Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black America. …

Causes And Consequences Of Child Marriage Among Syrian Refugee Populations In Jordan: An Investigation Of Perceptions., Alex Buckman

Independent Study Project (ISP) Collection

This study examined the perceived causes of child marriage among Syrian refugee populations in Jordan and investigated its perceived consequences. Further, perceptions of mothers with school-aged children were compared to the opinions of children themselves. Through interviews with both target populations, along with an analysis of the responses of humanitarian activists and organizations to Jordan’s marriage law, the reality of child marriage within the country was ascertained. In conducting interviews, the data showed that many believed child marriage to be a normal occurrence in Syria, at least since the beginning of the war, with only two interviewees believing child marriage …

Tribal Law At The Crossroads Of Modernity: A Study On Jordanian Attitudes Towards Jalwa, Danielle Sutton

Independent Study Project (ISP) Collection

This research aims to examine Jordanian attitudes towards the tribal law practice of Jalwa and its recent reform. The study specifically focuses on the role of modernization in shaping these attitudes. Historical literature and social constructivist theories are used to inform and contextualize this approach. To measure modernization’s impact, a two-dimensional framework was developed that compares opinions across generations (isolating change over time) and across region of upbringing (change over space). Subsequently, there are two hypotheses guiding this research. The first argues that youth see jalwa less favorably than the older generation and thus lend greater support to the …

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

All Faculty Scholarship

A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps limited …

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …

Backlash Or A Positive Response? Public Opinion Of Lgb Issues After Obergefell V. Hodges., Emily Kazyak, Mathew Stange

Department of Sociology: Faculty Publications

Following Obergefell v. Hodges, same-sex marriage remains controversial and anti-LGBT state legislation has been passed, which raises questions about whether the Supreme Court’s ruling may have created a backlash. We use data from two waves of a general population survey of Nebraskans conducted before and after the decision to answer three questions. First, we test three theories of how the Court decision influenced public opinion. We find that support for same-sex marriage was significantly higher following the ruling, suggesting that there was not a backlash to it. Second, we assess whether people perceive that the court accurately reflects the public’s …

Flap Of A Butterfly's Wings, Gary E. Rotter Ii

Dissertations and Theses

The goal of this thesis is to draw attention to the often overlooked work that is done by activists and their networks when it comes to influencing international policy and law. The case study looks at the “Comfort Women” issue, an unresolved conflict from when the Japanese Imperial Army forced women from its colonies into sexual slavery during World War II. It is a fiercely debated topic throughout Asia, specifically between South Korea and Japan. Here I argue that not only do non-state actors have great influence over the debate and direction this issue takes in international forums, but that …

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in …

A Case Study Of Overcrowding In A County Jail In The Southeast United States, Marquice Robinson

Walden Dissertations and Doctoral Studies

For the past several decades, the county jail in a large metropolitan city in the southeast United States has been overcrowded, which has resulted in violence within the jail, excessive costs to the Sheriff's Office, and a requirement of Federal oversight of the jail from 2005 to 2015. In spite of these events, little is understood about why jail overcrowding is prevalent in the county and what impacts overcrowding may have on the communities around the jail. Using Shaw and McKay's social disorganization theory as the foundation, the purpose of this case study was to understand the unique circumstances around …