Digital Commons Network^™

Radical Aces: Building Resilience And Triggering Structural Change, Nancy E. Dowd

UF Law Faculty Publications

Children’s developmental equality is critical to their opportunity and lifetime success. If we are to dismantle hierarchies among children, we must dismantle barriers placed in their way as well as insure affirmative support so that each child achieves their full developmental potential. The Adverse Childhood Experiences (ACEs) framework identifies factors that create hurdles, not necessarily insurmountable, to children’s development. A higher ACEs number translates into geometrically increased challenges for individual children. Identifying ACEs, if used simply to count obstacles for children, does not contribute to the goal of children’s equality. Indeed, counting ACEs may have the converse effect, if identifying …

Professor Maureen Armour, Jennifer M. Collins

SMU Law Review

No abstract provided.

Unfamiliar Justice: Indigent Criminal Defendants' Experiences With Civil Legal Needs, Lauren Sudeall, Ruth Richardson

Faculty Publications By Year

Our legal system - and much of the research conducted on that system - often separates people and issues into civil and criminal silos. However, those two worlds intersect and influence one another in important ways. The qualitative empirical study that forms the basis of this Article bridges the civil-criminal divide by exploring the life circumstances and events of public defender clients to determine how they experience and respond to civil legal problems.

To date, studies addressing civil legal needs more generally have not focused on those individuals enmeshed with the criminal justice system, even though that group offers a …

Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco

Marquette Sports Law Review

None

Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe

Law Faculty Research Publications

No abstract provided.

The History And Promise Of Shared Space In A Section 35 World, Signa A. Daum Shanks

Articles & Book Chapters

When non-Indigenous people made their way to North America, both conflicting and complementary social norms existed between explorers and the land’s original inhabitants. Capable of agreeing with, often challenging, and regularly borrowing each other’s ideas, people of early post-contact times demonstrated how they could have different values and processes but could still cooperate. So while colonialism certainly stifled, if not terminated, some Indigenous processes, local concepts still often prevailed and governed all those who inhabited a space—including the non-Indigenous. Canada’s post-contact past is as much about the adherence to Indigenous jurisdiction as it is about an external force’s interpretation of …

Winning The Right To Housing : Critical Reflections On A Holistic Approach To Public Interest Litigation, Fay Faraday, Tracy Heffernan, Helen Luu

Articles & Book Chapters

No abstract provided.

Intern Or Employee In Disguise? The Rise Of The Unpaid Internship And The Primary Beneficiary Test, Morgan Knott

Missouri Law Review

No abstract provided.

The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez

Pomona Senior Theses

As of May 2016, the U.S. State Department officially declared a priority date for all green cards for applicants from El Salvador, Guatemala, and Honduras that capped the number of visas granted to individuals from these three countries to just 10,000 per year. This inherently created a two to three-year backlog for Special Immigrant Juvenile Status applicants from these countries as well, meaning that SIJS petitioners will remain undocumented for periods of up to six years until their petition is adjudicated by USCIS and their priority date arrives. I research whether the increasingly difficult path to obtaining permanent residency through …

The 'Second Wave' Of Spanish Clinical Legal Education: Empirical, Pedagogical, And Institutional Lessons For A Pilot Course And Program At The University Of Granada, Andrew King-Ries, Masao Javier Lopez Sako, Eduardo R.C. Capulong, Pilar Fernandez Artiach

Faculty Law Review Articles

Spanish clinicians today benefit from the ‘first wave’ of early adopters. We also benefit from decades of clinical scholarship—most recently about the Western European and global clinical legal education movements—and empirical data on what lawyers actually do and need in practice. In this article, the authors summarize key empirical, pedagogical, and institutional lessons to ground the creation of a pilot course and program at the University of Granada.

Child Advocacy Studies (Cast): A National Movement To Improve The Undergraduate And Graduate Training Of Child Protection Professionals, Victor I. Vieth, Betsy Goulet, Michele Knox, Jennifer Parker, Lisa B. Johnson, Karla Steckler Tye, Theodore P. Cross

Mitchell Hamline Law Review

No abstract provided.

Wounded Souls: The Need For Child Protection Professionals And Faith Leaders To Recognize And Respond To The Spiritual Impact Of Child Abuse, Victor I. Vieth, Pete Singer

Mitchell Hamline Law Review

No abstract provided.

The New Jersey Department Of Education’S Implementation Of New Special Education Policies, Jennifer Winkler

Student Works

No abstract provided.

Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell

Case Western Reserve Journal of International Law

Trafficking in persons has existed around the world for many years, yet the United States has only begun to take this modem form of slavery seriously in the last two decades. The nature of sex trafficking has caused confusion for the United States and others around the globe regarding how to best deal with the commercial sex industry. The failure to reduce the commercial sex industry through traditional means of prosecuting the traffickers and their victims has motivated Sweden, and consequently the United States, to pursue a different strategy: reducing the demand through the prosecution of the buyers of commercial …

The Legacy Of Colonialism On The Rule Of Law In Sub Saharan Africa, Joel H. Samuels

Articles

No abstract provided.

Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock

Faculty Publications

Congress could have framed the country’s immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions, noncitizens …

Resolving Health Care Conflicts: A Comparative Study Of Judicial And Hospital Responses, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Teaming Up To Learn In The Doctrinal Classroom, Jodi Balsam

Faculty Scholarship

No abstract provided.

Tribute To Judith Lipton, Bryan L. Adamson

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Judith Lipton, Kenneth R. Margolis

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Judith Lipton, Peter A. Joy

Case Western Reserve Law Review

No abstract provided.

Predetermined? The Prospect Of Social Determinant-Based Section 1115 Waivers After Stewart V. Azar, Griffin Schoenbaum

Dickinson Law Review (2017-Present)

Section 1115 of the Social Security Act allows the Secretary of Health and Human Services (the “Secretary”) to waive some of Medicaid’s requirements so states can enact “demonstration projects.” A demonstration project is an experiment a state can conduct by modifying aspects of its Medicaid program. To waive Medicaid’s requirements for this purpose, the Secretary must determine that the proposed demonstration project will likely assist in promoting Medicaid’s objectives.

Using this standard, President Trump’s Secretary has approved waiver requests to enact demonstration projects that contain “community engagement” requirements. The U.S. District Court for the District of Columbia has heard each …

Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With Search For The Organization's Conceptual Founding, Patrick C. Brayer

Faculty Works

This article traces the role of Roger Nash Baldwin as a leading figure in the American civil liberties movement in the early twentieth century. In particular, the article highlights the central role of St. Louis in this history. At the advice of family friend Louis Brandeis, Baldwin moved to St. Louis to become a sociology professor at Washington University. At the time, St. Louis was a center of migration for African Americans escaping oppression in the South. The article traces a variety of geographical locations throughout St. Louis that were important to Baldwin’s development as a leader in the civil …

Case Innovation & Entrepreneurship, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 6, #1

• Fusion program partners with university’s think[box]...
• Community Development Clinic aids creative community hub’s pursuit…
• Local inventor patents ion-propelled aircraft with help from CWRU’s IP Venture Clinic
• Former model earns summer fashion law internship
• Spangenberg fellowship funds student trip to South by Southwest
• College athlete turns to sports law with help from Great Lakes Sports and Entertainment Law Academy
• Andrew Geronimo named director of the Intellectual Property Venture Clinic
• Spring 2019 Featured Lectures
• Featured Alumni
• Spangenberg Center Faculty

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents:

• An Update from the Deans: Q & A
• Case Western Reserve University School of Law raises $58 million, capped off by a $10 million landmark gift from an alumnus to establish the Coleman P. Burke Center for Environmental Law
• Opioid Epidemic: Case Western Reserve law grads play central roles in unprecedented opioid litigation
• Fusion program partners with University's think[box] to give students a first-hand innovation experience
• CWRU Law launches Yemen accountability project to document war crimes for future prosecution
• Ohio Attorney General awards funding to human trafficking clinic
• Keeping Do-It-Yourself Gene Science Safe: CWRU team will provide …

Our Students Explore, Experience And Excel, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Alison Smith’s passion for helping vulnerable populations to access healthcare drove her to Case Western Reserve University’s health law program
• Case Western Reserve University’s Law-Medicine Director awarded federal NIH grant and presented at Harvard conference
• Law Professor Jonathan Adler elected to prestigious American Law Institute
• Katharine Van Tassel joins CWRU Law as Visiting Professor 
• Health law students excel in writing
• Opioid Epidemic: Case Western Reserve law grads play central roles in unprecedented opioid litigation
• Health law faculty publications
• The Law-Medicine Center’s 2018-18 events
• Faculty in the news: What we’re saying about Obamacare, abortion, opioids and genetically engineered babies
• Gerber Fellows …

What Can The Child Welfare System Learn In The Wake Of The Floyd Decision?: A Comparison Of Stop-And-Frisk Policing And Child Welfare Investigations, Michelle Burrell

City University of New York Law Review

This article will examine the history of the stop-and-frisk policy in New York City, the similarities and differences between the child welfare system and the criminal legal system, and suggest ways that we can combat the misconceptions around safe parenting and the assumed need for child protective intervention.

“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko

UC Law Journal of Race and Economic Justice

No abstract provided.

Systematic Indigenous Peoples' Land Dispossession: The Bedouin In Israel, Morad Elsana

South Carolina Journal of International Law and Business

No abstract provided.

The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative, Katherine Lynch

Cardozo Journal of Conflict Resolution

No abstract provided.