Digital Commons Network^™

Data Philanthropy, Yafit Lev-Aretz

UC Law Journal

The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic researcher’s alleged misuse of Facebook users’ data on behalf of Cambridge Analytica has brought data philanthropy into the spotlight of public debate. Calls for data ethics and platform transparency have highlighted the urgent need for standard setting and democratic oversight in the use of corporate data for public ends. Data philanthropy has also received considerable scholarly attention in various academic disciplines but has, until now, been virtually overlooked …

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Articles

Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …

Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham

Articles & Book Chapters

Indigenous peoples around the world are concerned about the long-term impacts of industrial activities and natural resource extraction projects on their traditional territories. Environmental impact studies, environmental risk assessments (EAs), and risk management protocols are offered as tools that can address some of these concerns. However, these tools are not universally required in jurisdictions, and this Forum intervention considers whether these technical tools might be reshaped to integrate Indigenous communities’ interests, with specific attention to traditional knowledge. Challenges include unrealistic timelines to evaluate proposed projects, community capacity, inadequate understanding of Indigenous communities, and ineffective communicatio, all of which contribute to …

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …

Do Prostitution Advertisements Reduce Violence Against Women? A Methodological Examination Of Cunningham, Deangelo, And Tripp Findings, Katie Feifer, Jody Raphael, Kezban Yagci Sokat

Dignity: A Journal of Analysis of Exploitation and Violence

A recent study by Cunningham, DeAngelo, and Tripp (unpublished 2017, 2019) found that advertising prostitution online led to a lower rate of homicide of women in the United States. These findings have circulated widely in the mainstream media as proof that advertising prostitution online increases the safety of prostituted women. The study’s findings were used to argue against the 2018 passage of a federal anti-trafficking bill: Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA), known collectively as FOSTA-SESTA. This new law holds websites that knowingly facilitate sex trafficking accountable for …

Refugee Women's Needs: The Athens Case, Melissa J. Diamond

Journal of Refugee & Global Health

Medicins sans Frontiers estimates that twenty-five per cent of new asylum-seeking arrivals in Athens in 2016 were women [1]. Despite the sizable number of women asylum seekers arriving in Athens, women’s voices are often excluded from research on refugee needs. This research sought to understand the needs of women asylum seekers in Athens through the collection of qualitative data on their needs and experiences upon arriving in Athens. Twelve women from Syria, Afghanistan and other countries (background withheld for confidentiality) participated. The sampled women demonstrated an acute understanding of their own needs and the needs of their communities. While many …

Penny Wise But Pound Foolish: How Permanent Supportive Housing Can Prevent A World Of Hurt, Lavena Staten, Sara Rankin

Homeless Rights Advocacy Project

People experiencing chronic homelessness are trapped in a cycle of homelessness and trauma. Traditional approaches to homelessness attempt to address people’s trauma first and use housing as a reward for complying with treatment; such approaches fail because people cannot improve physically or psychologically while they are actively experiencing the trauma of homelessness. Our current responses to chronic homelessness do not work, but cities often justify the status quo as the only fiscally responsible option. Instead, these approaches are among the most expensive and least effective.

Permanent Supportive Housing (PSH) flips the traditional order in which homelessness and trauma are addressed …

Understanding Trans Racialized Youth Autonomy In Health Care Decision Making In Ontario, Gitanjali Natasha Lena

LLM Theses

This thesis re-evaluates the concept of autonomy and the possibilities for trans racialized youth to practice it in current health care decision making contexts. After discussing access to health care in Ontario for this demographic using diverse research, an analytical foundation is laid using legal pluralism, relational autonomy, transgender theory and disidentification theory. The study uses Photovoice with trans racialized youth to produce visual texts analysed using thematic network analysis. Secondly, the study considers how together, law and medicine discursively work to encourage law-makers and health care providers to undermine the autonomy of trans racialized youth. Authoritative diagnostic and clinical …

Mid-Atlantic Ethics Committee Newsletter, Summer 2019

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Washington and Lee Law Review

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a whole. …

Keynote Address, Sammy Rangel

University of Michigan Journal of Law Reform

The following is a transcription of Mr. Rangel’s keynote address presented at the University of Michigan Journal of Law Reform Symposium, Alt Association: The Role of Law in Combating Extremism on November 17, 2018, at the University of Michigan School of Law. The transcript has been lightly edited for clarity.

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal of Analysis of Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …

Funding Mental Healthcare In The Wake Of Deinstitutionalization: How The United States And The United Kingdom Diverged In Mental Health Policy After Deinstitutionalization, And What We Can Learn From Their Differing Approaches To Funding Mental Healthcare, Catherine Ryan Gawron

Notre Dame Journal of International & Comparative Law

Deinstitutionalization was a mass movement away from institutional-focused mental healthcare in the mid-to-late twentieth century, which changed the dynamic of mental healthcare service provision in both the United States and United Kingdom. This Note analyzes the history and effects of deinstitutionalization on subsequent mental healthcare policy in those two nations, highlighting the key role of funding in shaping the success of mental health policy and programming.

The focus on mental healthcare funding structures provides a lens to analyze the differences in financial funding, resource allocation, infrastructure development of community-based or alternative care services, and government and social support of mental …

Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context, Brandy F. Henry

Concordia Law Review

This article users a human rights lens to examine prison privatization in the US. The analysis builds on the 2009 Israeli Supreme Court ruling against the privatization of prisons, which relied on the human rights theories of both decommodification and dignity. The Israeli interpretations of dignity, and decommodification theory as related to the privatization of prisons suggest that prison privatization results in the commodification of both the state and prisoner, through the improper delegation of governmental power, which results in an infringement of the prisoner's human right to dignity. This argument is examined in the context of US statute and …

"Free From Is Not Free For": The Experience Of Depaul Slovensko's Work With Homeless People In A Post-Communist Country, Juraj Barat

Journal of Vincentian Social Action

Depaul Slovensko (Slovakia), a non-profit organization, was established as a response to the unreasonable dying of homeless people on the streets of Bratislava in the winter 2005/2006 and the absence of accommodation for them. The lack of experience, absence of professional social work and the prejudices of a postcommunist, ‘Christian’ society were the context for beginning a new form of work, without precedent in this environment. We learn to be authentic and faithful in the unity of our thoughts, words and deeds. All of this creates tension and we strive to keep these dynamics in balance. We grow, mature and …

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

No abstract provided.

Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt (page 5):

The Data Community

This issue brief focuses on understanding what makes scholars willing to share their data – and on applying that understanding strategically in order to improve and increase sharing going forward. We recognize that this is only one aspect of the work that is needed in this area. Numerous professional organizations (CODATA, DCC, FORCE11, GO FAIR, RDA, and RDAP, to name just a few), in addition to a panoply of smaller projects and working groups, are making significant strides in defining standards and best practices in important technical areas such as metadata creation, discoverability, machine …

Best Training Practices For Probation Officers And Staff Toward Building A More Sophisticated, Fair, And Effective System Of Juvenile Justice In San Diego County, Carissa Carrasquillo

Ethnic Studies Senior Capstone Papers

This report illustrates how probation leadership, officers, and staff in San Diego County can adopt best training practices to address and alleviate incidents in juvenile detention facilities and build a sophisticated, fair, and effective system of juvenile justice. The goal of implementing best training practices for probation officers and staff is to build a knowledgeable workforce to better serve youth and families and reduce racial and ethnic disparities in the juvenile justice system. This report analyzes how innovations in management and the introduction of new programs has proven effective through research- and evidence-based practices and direct community involvement. In particular, …

“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein

Brooklyn Law Review

This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels of society. We …

Incorporating Social Justice Into The 1l Legal Writing Course: A Tool For Empowering Students Of Color And Of Historically Marginalized Groups And Improving Learning, Sha-Shana Crichton

Michigan Journal of Race and Law

The media reports of police shootings of unarmed Black men and women; unprovoked attacks on innocent Jews, Muslims, religious minority groups, and LGBTQ persons; and current pervasive, divisive, and misogynistic rhetoric all cause fear and anxiety in impacted communities and frustrate other concerned citizens. Law students, and especially law students of color and of historically marginalized groups, are often directly or indirectly impacted by these reports and discrimination in all its iterations. As a result, they are stressed because they are fearful and anxious. Research shows that stress impairs learning and cognition. Research also shows that beneficial changes are made …

Contextualizing Approaches To Indigenous Peoples’ Experiences Of Intractable Conflict, Michele A. Sam

New England Journal of Public Policy

This article contextualizes intractable conflict within the lived experiences and worldviews of an Indigenous person, imbued with academic and scholarly research. The text illustrates how intractable conflict is experienced within the “developed world,” resulting in both freedom and fragmentation. Whether intractable conflict stems from colonial and postcolonial development and influences current Indigenous Peoples’ self-development efforts in Canada, specifically, and possibly across British colonies in general seems to be a new inquiry. The author relates her intergenerational experiences of contact, unpacking research and development in its many forms alongside the characteristics of intractable conflict and related federal Indian and social policy. …

A Step Toward Normalizing End-Of-Life Care: Implications Of The Palliative Care And Hospice Education And Training Act (Pcheta), Robert Bulanda

Northern Illinois University Law Review

Despite their rapid development in recent decades, hospice and palliative care continue to face challenges to universal acceptance and access throughout American society, as the American population and medical professions are reluctant to move away from traditional preventative care throughout the death and dying process. The Palliative Care and Hospice Education and Training Act (PCHETA) is a federal bill seeking to increase access to palliative and hospice care. This Note analyzes the history of the palliative and hospice care movement and the implications of the PCHETA, arguing that the bill acts as an important step toward normalizing hospice and palliative …

Resilience And Native Girls: A Critique, Addie C. Rolnick

BYU Law Review

No abstract provided.

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking CRLA legal services. …

Evaluating The Impact Of Training Employees To Identify Victims Of Human Trafficking, Emily Roman

Electronic Theses and Dissertations

Human trafficking is a global epidemic that steals the freedoms away from those who have been oppressed by it. Providing victims with resources begins with identifying them. Unfortunately, identifying victims is not an easy task. Trafficked victims are controlled and protected by their traffickers, and recipients may not even realize that they are victims of human trafficking. Also, the vague nature of trafficking makes it difficult for service providers, such as those in law enforcement, healthcare, and social services, to identify victims readily. Furthermore, research efforts imply a general lack of training provided for employees to know how to identify …

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which …

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

Copyright, Fair Use, Scholarly Communication, etc.

In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in Appendix …

"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.