Digital Commons Network^™

Forgiven, Forgotten? Rethinking Victim Impact Statements For An Era Of Decarceration, 68 Ucla L. Rev. Discourse 302 (2020), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Icwa Downunder: Exploring The Costs And Benefits Of Enacting An Australian Version Of The United States' Indian Child Welfare Act, Marcia Zug

Canadian Journal of Family Law

Australian Indigenous Advocates have long sought the passage of Indigeous child-welfare legislation similar to the United States’s Indian Child Welfare Act. Recently, the Australian government has indicated it is receptive to the enactment of such legislation. However, an Australian version of the ICWA is not as simple as it sounds. The legal status of the Indigenous communities of Australia and American Indian tribes is vastly different thus, many of the ICWA’s provisions, particularly those based on a recognition of Indigenous sovereignty, would require significant modifications before they coud be applied in Australia. These modifications mean an Australian ICWA …

A Quantitative Study Of Denver's Breed-Specific Legislation, Sloane M. Hawes, Devrim Ikizler, Katy Loughney, Aurora Temple Barnes Esq., Justin F. Marceau, Philip Tedeschi, Kevin N. Morris

Animal Law Review

In August of 1989, the City and County of Denver, Colorado enacted legislation that prohibits the presence of all ‘pit bull-type dogs’ (PBTDs) within the city limits. In Denver, PBTDs are defined as: American pit bull terrier, American Staffordshire terrier, or Staffordshire bull terrier. In the thirty years the ‘pit bull ban’ has been in place, the City and County of Denver and its animal control agency, Denver Animal Protection, have committed substantial resources to removing PBTDs from the community, including patrolling communities and responding to complaints made by neighbors, conducting thorough breed evaluations of suspected PBTDs, and kenneling PBTDs …

Governance Of Arctic Shipping: Rethinking Risks, Human Impacts And Regulation, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

OER Texts

This open access book is a result of the Dalhousie-led research project Safe Navigation and Environment Protection, supported by a grant from the Ocean Frontier Institute’s the Canada First Research Excellent Fund (CFREF). The book focuses on Arctic shipping and investigates how ocean change and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests. A rapidly changing Arctic as a result of climate change and ice loss is rendering the North more accessible, providing new opportunities while producing impacts on the Arctic. …

Calculating The Gender Gap In Legal Scholarship: An Empirical Study, Shontee M. Pant

Saint Louis University Law Journal

Women have been attending law school at approximately equal rates as men for decades and began comprising a greater percentage of law school entrants than men in 2016. Yet, men continue to hold a solid majority of leadership positions across the legal field: from seats on judicial benches to podiums in front of law school classrooms. This paper examines one under-evaluated, yet critical gender gap within the legal profession: legal scholarship—specifically legal scholarship published by the flagship law reviews at the top twenty law schools. This article presents original research demonstrating that law reviews might be perpetuating the law professor …

Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant

Loyola University Chicago Law Journal

It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …

Family Engagement And Collaborative Decision-Making Processes Provide Multiple Benefits In Child Welfare Cases, Kelly Browe Olson

Law Faculty Scholarship

This article is about the importance of family engagement and collaborative decision making in child welfare cases. It briefly reviews the history of mediation and family group meetings and suggests that juvenile courts and child welfare agencies should thoughtfully prioritize and expand their use of the techniques and processes of interdisciplinary collaborative decision-making and dispute resolution that have been successful for over thirty-five years.

Key Points for the Family Court Community: The use of collaborative decision-making and dispute resolution techniques in child welfare cases provides multiple benefits for the families and professionals involved in these cases; Brief history of the …

Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

Articles, Book Chapters, & Popular Press

This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …

The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop

Articles, Book Chapters, & Popular Press

Since the adoption of Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973/78, the International Maritime Organization has gradually expanded the scope of ship emission regulation to include VOCs, SOx, NOx, particulate matter and, more recently, greenhouse gas emissions. This regulatory effort has not been integrated and displays some inconsistency and even fragmentation, resulting in different levels of environment protection for different regions and even potential conflicts between standards. The regulation of use and carriage of heavy sulphur fuel oil may lead to increase of clean fuel use and thereby produce more CO2 emissions. Designation …

Surfacing Contexts Of Violence In Novel Forms Of The Reproductive Justice Framework Through Lessons From Latin America: A Study Of Brutality, Migration And Bodily Autonomy And Progressive Solutions For Use In Public Health, Angelica M. Campos

CMC Senior Theses

In the last 5 years, Latin America has witnessed a tenacious wave of pañuelo verde and #NiUnaMenos activism. Sparked by increasing mortality rates associated with unsafe, clandestine abortions and femicide, the praxes and fundamental elements of these social movements have proven themselves useful not only in garnering international attention on issues relating to bodily autonomy, but in the synthesis of their respective sociopolitical solutions as well. In the United States, similar efforts have been spearheaded by the lauded reproductive justice framework, which has often been credited for centering the plight of women of color in both reproduction and social justice. …

Do Racial Stereotypes Contribute To Medical Misdiagnosis Of Child Abuse? Investigating Tunnel Vision In The Emergency Room, Cynthia J. Najdowski, Kimberly M. Bernstein, Katherine S. Wahrer

Psychology Faculty Scholarship

Despite growing recognition that misdiagnoses of child abuse can lead to wrongful convictions, little empirical work has examined how the medical community may contribute to these errors. Previous research has documented the existence and content of stereotypes that associate race with child abuse. The current study examines whether emergency medical professionals rely on this stereotype to fill in gaps in ambiguous cases involving Black children, thereby increasing the potential for misdiagnoses of child abuse. Specifically, we tested whether the race-abuse stereotype led participants to attend to more abuse-related details than infection-related details when an infant patient was Black versus White. …

Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic

Buffalo Law Review

No abstract provided.

The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati

The Journal of Law and Education

No abstract provided.

A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells

Dalhousie Law Journal

This article examines the legal status of queer rights in Caribbean jurisprudence. It conducts an analysis of Caribbean queer rights case law, in order to arrive at an understanding of the extent and dynamics of constitutional protection for these rights. It then uses the revelations from this analysis to determine how Caribbean queer rights jurisprudence has intersected with international human rights norms, values and rules. Finally, the article applies the TWAIL methodological approach to international law to argue that the Caribbean queer rights jurisprudence has not so far reflected the counter-hegemonic, resistance, anti-imperialist discourse that TWAIL champions, in spite of …

Committing To Justice: The Case For Impact Of Race And Culture Assessments In Sentencing African Canadian Offenders, Maria C. Dugas

Dalhousie Law Journal

Canadian judges have made notable, although too limited, strides to recognize the unique conditions of Black Canadians in sentencing processes and decisionmaking. The use of Impact of Race and Culture Assessments in sentencing people of African descent has gradually gained popularity since they were first introduced in R v “X.” These reports provide the court with the necessary information about the effect of systemic anti-Black racism on people of African descent and how the experience of racism has informed the circumstances of the offence, the offender, and how it might inform the offender’s experience of the carceral state. This paper …

Who Should Deicide? The Conflicting Legal, Ethical, And Moral Dilemmas Surrounding The Separation Of Conjoined Twins, Michael Realbuto

Student Works

No abstract provided.

Enabling The Best Interests Factors, Adrián E. Alvarez

Faculty Publications

(Excerpt)

For over a century, state courts and other child welfare agencies in the United States have been applying the “best interests of the child standard” to all decision-making concerning children. The standard is also enshrined within the UN Convention on the Rights of the Child (CRC)—a treaty that every nation in the world has ratified except the United States. Notwithstanding its widespread adoption in family law, the standard is, with only a few exceptions, noticeably missing from American laws and policies pertaining to children in the immigration system.

There is a rich literature arguing that children should enjoy special …

Vol. 25: No. 3 (Summer 2020) Masthead

Roger Williams University Law Review

No abstract provided.

The Department Of Education's Daily Impact On American Students, Lilia Valdez

Public Interest Law Reporter

No abstract provided.

Thirty Years Later: Recalling The Gender Bias Report And Asking What's Next In The Legal Profession, Pamela J. White

Maryland Law Review Online

No abstract provided.

The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry

Journal of Race, Gender, and Ethnicity

No abstract provided.

Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham

NYLS Law Review

No abstract provided.

Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.

The Debt Paradox: In Debt But Society Owes You A Debt--An Exoneree's Path To Holistic Relief Through The Bankruptcy System, Dru Selden

Emory Bankruptcy Developments Journal

What do the bankruptcy system and the criminal legal system have in common? Both aim to provide fresh starts to those who have moved through them. The bankruptcy system does so by rewarding honest but unfortunate debtors with discharge from debt. The criminal legal system attempts to provide a fresh start through reentry programs to those exiting prison. Yet neither system successfully ensures a blank slate, which is in part due to the history of racial bias in both systems. A limited subset of debtors benefits from the bankruptcy system, while the criminal legal system makes reentry very difficult for …

The Good Lawyer: State-Led Professional Socialization In Contemporary China, Lawrence J. Liu, Rachel E. Stern

Scholarship@WashULaw

How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China’s state narrative about “the good lawyer” celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics …

Open University Of Nepal Initiative Lessons Learned From Designing An Institution Of Higher Learning, Pramod Dhakal, Drona P. Rasali, Ambika P. Adhikari, Raju Adhikari

Himalayan Research Papers Archive

A group of Nepali diaspora members, represented by the Non-Resident Nepali Association (NRNA), started a campaign in 2009 to establish the Open University of Nepal (OUN) in partnership with the government of Nepal. Their motivation was to develop a quality university for the masses by mobilizing local, diaspora, and international collaborators for producing and disseminating knowledge in the public domain. The university was subsequently established in 2017 but it drifted away from many of the original objectives. Most critically, it embraced distance education as its central function while setting aside the aspiration of producing and sharing knowledge under the public …

Black Lives Matter: Trayvon Martin, The Abolition Of Juvenile Justice And #Blackyouthmatter, Nancy E. Dowd

University of Florida Journal of Law & Public Policy

No abstract provided.

Overrepresented Yet Overlooked: Lgbtq Survivors Of Trafficking And The Imperative For The Nordic Approach To Sex Trafficking Laws In The United States, Claire Mooney

Cardozo Journal of Equal Rights & Social Justice

The note argues that LGBTQ survivors of human trafficking are disproportionately affected by inadequate legal frameworks and societal discrimination. It advocates for the adoption of the Nordic Model in the U.S., which criminalizes the purchase of sex while decriminalizing its sale, to better address the needs of LGBTQ survivors and align with international human rights standards.

Medical Civil Rights As A Site Of Activism: A Reply To Critics, Craig Konnoth

Publications

See Craig Konnoth, Medicalization and the New Civil Rights, 72 Stan. L. Rev. 1165 (2020).

See also Rabia Belt & Doron Dorfman, Response, Reweighing Medical Civil Rights, 72 Stan. L. Rev. Online 176 (2020), https://www.stanfordlawreview.org/online/reweighing-medical-civil-rights/; Allison K. Hoffman, Response, How Medicalization of Civil Rights Could Disappoint, 72 Stan. L. Rev. Online 165 (2020), https://www.stanfordlawreview.org/online/how-medicalization-of-civil-rights-could-disappoint/.

A Legal Analysis: The Transgender Bathroom Debate, Josselyn Sheer

The Journal of Sociology & Social Welfare

This article examines the current legal battles over transgender bathroom, locker room, and employment rights. In the recent years, there has been a major uproar surrounding the rights of transgender individuals; concurrently, our country is witnessing a shift in the ways in which individuals understand their gender outside of the binary male and female classification. While the word transgender can serve as an “umbrella term encompassing a wide array of identifies,” transgender rights have steadily grown across numerous areas (Buck, 2016, p. 465). However, there have been contentious legal issues that have put transgender individuals rights in the spotlight.

The …