Digital Commons Network^™

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …

Financial Planning Mechanisms Available To Persons With Special Needs In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

A woefully underinvestigated area of the law is the management of property rights of persons with special needs. In this chapter, the term ‘special needs’ is defined widely to include people who are incapable of managing their daily financial affairs. The scope of people within this group may include persons with dementia, schizophrenia and intellectual disability as well as vulnerable elders. It should be noted that persons with special needs may have accumulated substantial property before becoming incapable of managing their financial affairs by reason of illness, old age or dementia. Alternatively, they could have inherited or stand to inherit …

Rising Readmission Rates: A National Issue, Elaine Anderson

University Honors Program

Recently there has been a rise in hospital readmission rates. As a result of this increase in readmissions, the Affordable Healthcare Act (ACA) was implemented to assist in reducing hospital readmissions. This was done by penalizing hospitals for readmissions associated with the Medicare population. Prior to this research, the effect of this legislation on the readmission rate was unknown. Additionally, the different aspects or factors that contributed to an individual’s risk for being readmitted were unclear. Also it was uncertain how a high verses low nurse-to-patient ratio would affect patient outcomes and the readmission rate. Finally, the effects of being …

Re: Dhs Docket No. Iceb-2018-0002; Rin 1653-Aa75, 0970-Ac42; Comments In Response To Proposed Rulemaking: Apprehension, Processing, Care, And Custody Of Alien Minors And Unaccompanied Alien Children, Katherine Kaufka Walts Jd, Diane Geraghty

Center for the Human Rights of Children

No abstract provided.

Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann

Fordham Law Review

All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent …

Vasquez V. Foxx: Brief Of Eighteen Scholars As Amici Curiae In Support Of Petitioners, J. J. Prescott

Appellate Briefs

Amici are eighteen scholars across six disciplines whose work includes the leading empirical studies of persons convicted of sexual offenses and the laws applied to them. The Appendix identifies them and describes their work.

Amici believe it critical that judicial decisions affecting constitutional rights be grounded on an accurate understanding of empirical realities. At the very least, they should not propagate misunderstandings. Unfortunately, such misunderstandings are commonplace and often traceable to language in early opinions of this Court. The Seventh Circuit opinion in this case is an example. It relies on mistaken assumptions about both the re-offense risks posed by …

The Santa Clara, 2018-10-11, Santa Clara University

The Santa Clara

No abstract provided.

C-Drum News, Fall 2018

The C-DRUM News

No abstract provided.

Unaccompanied Immigrant Child And Family/Sponsor Community Service System Study: Metropolitan Chicago Area, Adam Avrushin, Maria Vidal De Haymes

Center for the Human Rights of Children

This research report seeks to (1) address research gaps relevant to services for unaccompanied immigrant children within the Chicago metropolitan area, and (2) provide relevant information to stakeholders who can strengthen the systems that support these young people. This report provides an overview of this research project, background information and findings from the study. To date, no research has examined these young people and their families who live in the Chicago metropolitan area, their needs, or the services and systems that can, potentially, meet their needs.

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

South Carolina Law Review

No abstract provided.

Canada's Residential Schools And The Right To Integrity, Amy Anderson, Dallas K. Miller, Dwight Newman

Dalhousie Law Journal

Apart from characterizations of the residential schools system as imposing cultural genocide, it is possible to understand the system in terms of a legal wrong involving violations of family integrity. The 19th and early 20th centuries saw increasing state intervention in families generally so as to impose compulsory education. However, wrongs in this intervention were recognized, and international law developed toward a right of family integrity that led to changes in non-Indigenous contexts. Evidence from the TRC shows that Canada did not respond as quickly in the Indigenous context, thus permitting an identification of how the residential schools system violated …

From Law To Legal Studies And Beyond: 50 Years Of Law And Legal Studies At Carleton University, Vincent Kazmierski, Darren Pacione

Dalhousie Law Journal

This paper considers the evolution of Carleton University's Department of Law and Legal Studies and its approach to the study of law and the legal within the context of the continuing growth of legal studies programs across the country. It starts by outlining the historical development of the Department and the evolution of its perspective of its role and purpose. Part II examines a number of aspects of the architecture of fourteen undergraduate legal studies programs across the country and the ways in which the roles of these programs are described. Part III provides a brief outline of the current …

Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan

BYU Law Review

State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …

Domestic Violence And International Child Abduction At The Border Of Canadian Family And Refugee Law, Michelle Hayman

Journal of Law and Social Policy

This article explores the problematic interaction of the Hague Convention on the Civil Aspects of International Child Abduction with refugee law in Canada, particularly where domestic violence by the left-behind parent is alleged. It discusses how Canadian family courts, primarily in Ontario, have treated concurrent refugee claims when deciding Hague Convention applications. As well, it explores the operation of international child abduction law in Canadian refugee determinations where domestic violence is alleged. The article concludes by offering suggestions about legal and policy changes which could help reduce the unfair burden the interaction of these legal regimes places on family members …

The Disability Tax Credit: Exploring Attitudes, Perceptions, And Beliefs About Disability, Tamara Larre

Journal of Law and Social Policy

This article examines the disability tax credit (DTC), one of the few federal programs providing direct funding to persons with disabilities. The goal of the article is to explore the DTC as a window into attitudes, perceptions, and beliefs about disability. This is an important contribution to the literature as disability scholars have shown how societal forces, such as attitudes, perceptions, and beliefs about disability, contribute to disability itself. Through comparing attitudes, perceptions, and beliefs of legislators and judges with the views expressed in the disability literature, the article reveals harmful stereotypes that fail to take into account the diverse …

Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith

Faculty Scholarship

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the jury …

Building An Evidence-Based, Holistic Approach To Advancing Integrated Employment, Allison C. Hall, John Butterworth, Jean Winsor, John Kramer, Kelly Nye-Lengerman, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Since the introduction of supported employment in the Developmental Disabilities Act of 1984 and the Rehabilitation Act Amendments of 1986, there has been continued development and refinement of best practices in employment services and supports. Progress includes creative outcomes for individuals with significant support needs including customized jobs and self-employment, community rehabilitation providers that have shifted emphasis to integrated employment, and states that have made a substantial investment in Employment First policy and strategy. Despite these achievements, the promise of integrated employment remains elusive for the majority of individuals with intellectual and developmental disabilities. The number of individuals supported in …

Racialized Interactions In The Law School Classroom: Pedagogical Approaches To Creating A Safe Learning Environment, Erin C. Lain

Journal of Legal Education

No abstract provided.

Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa

Indonesia Law Review

This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a …

Nommo: Understanding The Power Of Words, A Critique Of Matal V. Tam, Malik C. Edwards

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Culture Wars On Campus: Academic Freedom, The First Amendment, And Partisan Outrage In Polarized Times, Jason M. Shepard, Kathleen B. Culver

San Diego Law Review

After a California community college professor called the election of President Donald Trump an “act of terrorism” in her classroom the week after the vote, a student-recorded viral video sparked a national conservative media firestorm. Critics said the professor should be fired for outrageous liberal bias, while supporters defended her comments as being protected by academic freedom and the First Amendment. The student, meanwhile, was suspended for his unauthorized recording while defenders decried his punishment as evidence of anti-conservative discrimination and harassment. By examining tensions between faculty and student speech rights, the use of technologies to take ideological disagreements viral …

The Criminal Justice System And Latinos In An Emerging Latino Area, Betina Cutaia Wilkinson

Latino Public Policy

The topic of my study is Latinos’ attitudes and experiences with the criminal justice system in an emerging Latino area. There is an extensive amount of research on African Americans’ experiences and views of the criminal justice system yet our knowledge of Latinos’ experiences with the criminal justice system is quite scant. Still, a few studies have provided some foundation for our understanding of this topic. We know that immigrant policing is associated with Latinos’ reduced trust in government agencies and its programs (Cruz Nichols et al. 2018a). Restrictive immigration policies negatively impact Latinos’ physical and mental health (Cruz Nichols …

A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper

Capstone Experience: Master of Public Health

This research study was completed at Legal Aid of Nebraska’s Health, Education, and Law Project through the partnership it has formed working with Nebraska Medicine and Iowa Legal Aid. Traditionally, health and disease have always been viewed exclusively as "healthcare" issues. But with healthcare consistently growing towards holistic approaches to help patients, we now know there are deeper, structural conditions of society that can act as strong driving forces of a person's poor daily living conditions that can negatively impact health. The importance of a Medical-Legal Partnership is that it considers a patient's social determinants of health (SDHs). The goal …

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory Crespi

Buffalo Law Review

A few people have now applied for and obtained tax-exempt debt forgiveness of their federal student Direct Loans under the Public Service Loan Forgiveness (PSLF) program after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” While only a relatively small number of people have received debt forgiveness to date, I estimate that as the number of persons eligible ramps up sharply in 2018 and thereafter eventually 200,000 people a year or more will obtain debt forgiveness under the PSLF program, at a total cost to the Treasury of $12 billion per year …

Law & Health Care Newsletter, Summer 2018

Law & Health Care Newsletter

No abstract provided.

Meshing Employment Services, John Kramer, Thinkwork! At The Institute For Community Inclusion At Umass Boston, Nicole Jorwic, Nancy Mercer, Jill Pierce, Kevin Walker

ThinkWork! Publications

Working with vocational rehab, DDS, and community agencies to secure community employment with the supports you need for success!

Submission To The United Nations Universal Periodic Review Of Yemen, Sana'a Center For Strategic Studies, Human Rights Clinic, George Warren Brown School

Human Rights Institute

The Sana’a Center for Strategic Studies (Sana’a Center), Columbia Law School Human Rights Clinic (the clinic), and the George Warren Brown School, Washington University, jointly submit this report to inform the examination of The Republic of Yemen (Yemen) during its 3 rd Universal Periodic Review. This submission focuses on international human rights and humanitarian law concerns related to Yemen’s obligations to respect, protect, and fulfil the right to mental health.

Bargain Brand Justice: Ohio's Indigent Defense Funding Model Makes Justice Inaccessible And Undermines The Sixth Amendment, Ebony Davenport

University of Dayton Law Review

No abstract provided.

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.

Penitentiary System Of Contemporary Uzbekistan: Current Condition And Future Promises In The Reformation Process, N.S. Salaev

Review of law sciences

This article illustrates concept of penitentiary system and essence of some definitions in the process of reformation by referring to the works of world’s various scholars. The paper also examines types of penitentiary establishments of Uzbekistan by analyzing legal framework of legislative acts. Furthermore, the author aimed to propose private penitentiary establishments as an alternative to public institutions. At the same time, the foreign experience in particular, experiences of USA, UK, Sweden studied in order to implement to national penal practice.