Digital Commons Network^™

Issue 1: Caring Society V Canada: Neoliberalism, Social Reproduction, And Indigenous Child Welfare, Kate Bezanson

Journal of Law and Social Policy

In January 2016, the Canadian Human Rights Tribunal in First Nations Child and Family Caring Society of Canada v Canada (Caring Society) found that the Canadian government had discriminated against Indigenous children on reserve in its provision of funding for child welfare and certain other services. Caring Society is a case about the daily and generational work that is needed in any society to ensure social, cultural, and economic survival, or what feminist political economists call social reproduction. This article thus asks a central question of this decision: are the main constitutional issues it raises best understood as contests over, …

Issue 1: Giidosendiwag (We Walk Together): Creating Culturally Based Supports For Urban Indigenous Youth In Care, Nancy Stevens, Rachel Charles, Lorena Snyder

Journal of Law and Social Policy

In Ontario, as elsewhere in the country, there are limited Indigenous-specific resources to assist in strengthening Indigenous youth, families, and communities. We explore how that might be changed by using the Anishnaabeg Youth in Transition Program at Niijkiwendidaa Anishnaabekwewag Services Circle, based in Peterborough, Ontario, as one model of service delivery. Niijkiwendidaa is situated in the traditional territory of the Mississaugas, one of several Anishnaabeg nations, and falls within the Williams Treaty area. We demonstrate how embedding culture in youth services greatly enhances the quality of life for youth now, and in the long term. We draw on these ideas …

Issue 1: Anti-Black Racism, Bio-Power, And Governmentality: Deconstructing The Suffering Of Black Families Involved With Child Welfare, Doret Phillips, Gordon Pon

Journal of Law and Social Policy

This article focuses on how colonialism, anti-Black racism and white supremacy are embodied by Ontario’s child welfare system in relation to narratives of suffering experienced by Black families involved with this sector. We discuss how these experiences are an embodiment of the Foucauldian concepts of bio-power and governmentality. Understanding this embodiment is crucial for deconstructing how anti-Black racism, colonialism, and white supremacy are manifested in the day-to-day policies and practices of child welfare. To explicate these policies and practices we discuss three inter-related factors: 1) the historical rise of the welfare state, 2) anti-Black racism, and 3) bio-power and governmentality.

Issue 1: “It’S Better Late Than Never”: A Community-Based Hiv Research And Training Response To Supporting Mothers Living With Hiv Who Have Child Welfare Involvement (Part I), Saara Greene, Allyson Ion, Gary Dumbrill, Doe O'Brien Teengs, Kerrigan Beaver, Mary-Elizabeth Vaccaro

Journal of Law and Social Policy

Grounded in community-based research (CBR) principles and an anti-oppression framework, the Positive Parenting Pilot Project (P4) aimed to develop, implement, and evaluate an HIV education and training module to enhance the provision of support for families affected by HIV and who are at risk of or already involved with child protection services. We set out to strengthen the ability of Children’s Aid Societies (CAS) in Ontario to provide anti-oppressive services to families affected by HIV from diverse communities by increasing the capacity of social workers who support these families. Applying the principles of CBR, we increased communication and forged new …

Issue 1: Explaining The Economic Disparity Gap In The Rate Of Substantiated Child Maltreatment In Canada, David Rothwell, Jaime Wegner-Lohin, Elizabeth Fast, Kaila De Boer, Nico Trocmé, Barbara Fallon, Tonino Esposito

Journal of Law and Social Policy

Children from families living in conditions of economic hardship are at five times greater risk of substantiated harm of child abuse and neglect compared to their upper socioeconomic counterparts in the United States. This difference in risk across economic groups is referred to as the economic disparity gap in child maltreatment. Little is known about how the economic disparity gap functions in Canada. The purpose of this study is to understand the prevalence of economic hardship in the child welfare system and explain the economic disparity gap. We used the Canadian Incidence Study of Reported Child Abuse and Neglect, 2008 …

Issue 1: Reimagining Overrepresentation Research: Critical Reflections On Researching The Overrepresentation Of First Nations Children In The Child Welfare System, Vandna Sinha, Ashleigh Delaye, Brittany Orav-Lakaski

Journal of Law and Social Policy

This paper builds on the experiences of the first author in doing research on the overrepresentation of First Nations children in child welfare systems in Canada. Six lessons are presented: (1) overrepresentation is an inherently quantitative construct; (2) overrepresentation is an inherently comparative construct; (3) a focus on overrepresentation draws attention to the needs of specific groups, but may obscure the need for broader systemic reform; (4) available data relies on, but incompletely represents, decision-maker perspectives; (5) available data emphasizes point-in-time decisions; and (6) ambiguity in data must be very clearly acknowledged. Building on discussion of these lessons, we explore …

Issue 1: Reimagining Child Welfare Systems In Canada, Janet Mosher, Jeffery Hewitt

Journal of Law and Social Policy

The removal of children from their families and communities has long-lasting and often devastating consequences. The breaking of the bonds that connect children to family and community erodes the transmission of culture, of language, of belonging, and of identity. There is no doubt that there are circumstances in which the well-being of a child requires that changes be made in who is to be entrusted with the responsibility for care. However, there is equally no doubt that child welfare systems across the country are plagued by serious shortcomings: bonds are broken unnecessarily; structural failings undermine parents’ well-being and their capacity …

Mid-Atlantic Ethics Committee Newsletter, Spring 2018

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw

Masters Theses & Specialist Projects

This examination of the southern suffrage campaign focuses the movement through the eyes of three prominent southern women within the political movement: Kate Gordon, Sue Shelton White, and Josephine Pearson. The merged National American Woman Suffrage Association (NAWSA) planned and organized a focus on the South during the second half of the suffrage campaign, which presented new challenges. The Nineteenth Amendment passed through Congress in 1918 and consequently set the stage for a raging political battle between suffragists and anti-suffragists. The suffrage campaign prompted women to question how the political platform of suffrage should be addressed. Women argued over the …

Gender Nonconforming Expression And Binary Thinking: Understanding How Implicit Bias Becomes Explicit In The Legal System, Considering The Shooting Death Of Philando Castile, Patrick C. Brayer

Faculty Works

Theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal profession can learn from artists and thinkers on the cutting edge of gender non-conforming expression. Understanding how individuals stigmatize, and at times discriminate against, gender fluid people by limited and binary thinking is an important progression in comprehending how implicit bias (specifically against people of color) becomes explicit and influences legal actors including law enforcement and jurors. The tragic shooting of Philando Castile …

Pegalis & Erickson Health Law Colloquium, New York Law School

Health Law Society Publications

Examining the Intersection of Law and Bioethics in 2013.

The American legal system has played a dramatic role in shaping the field of bioethics. The dynamic intersection of law and bioethics is a fruitful area of inquiry for purposes of knowledge generation, policy making and best practices. Reflecting a diversity of perspectives, this CLE will examine the crucial connection between law and matters bioethical in 2018. The program will include a focus on clinical decision making, palliative and end-of-life care, dispute resolution, medical and social science research, and informed consent and decision making.

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal of Analysis of Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.

Letter From The Editors, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Cuyahoga County Bail Task Force: Report And Recommendations, Jonathan Witmer-Rich, Jay Milano, Carmen Naso, Mary Jane Trapp

Law Faculty Reports and Comments

Introduction:

All Cuyahoga County courts should transition from a bail system based on bond schedules, which vary widely from one court to the next, to a centralized, consistent, and comprehensive system of pretrial services initiated immediately after arrest. For most minor offenses, the presumption should be release on personal recognizance. Money bail should not be used to simply detain defendants. Rather than relying on bond schedules, courts should assess each defendant’s risk of non-appearance and danger to the community using a uniform risk assessment tool. If money bail is considered, courts should evaluate each defendant’s risk of non-appearance and ability …

Qualitative Approach To Understanding Guardian Models Of Policing, Jacqueline B. Helfgott, Beck M. Strah, Joycelyn Pollock, Loren T. Atherley, John Vinson

Qualitative Criminology (QC)

Since 2015, there has been a growing interest and controversy regarding the “warrior” versus “guardian” models of policing. This article discusses the concept of guardian policing and uses qualitative data from an evaluation of guardian-based training in a police academy to highlight guardian concepts as understood by the trainers. Results suggest that trainers generally exhibit a widespread level of support and commitment towards the guardian model and the priorities of guardian training, view the model as consistent with what has traditionally been considered “good policing,” and believe that critics do not understand the basic elements of the model itself, …

A Diversity Course For Criminal Justice Undergraduate Students: A Preliminary Evaluation, Nancy Hirschinger-Blank, Lori Simons, David Fernandez

Qualitative Criminology (QC)

Racially-involved police community incidents demonstrate the urgent need for educating future criminal professionals to work in a multicultural environment. We present a qualitative evaluation of a criminal justice diversity course designed to broaden university students' multicultural attitudes, knowledge, and skills. Results indicated that most students reportedly experienced a decrease in biases, described the importance of learning about cultural differences, acknowledged minorities’ negative attitudes toward the criminal justice system, and reported intentions to serve as fair and open-minded criminal justice professionals. Students also showed a significant increase in empathy across the semester.

The Deweyan Approach To Learning Victim Advocacy: Seeing Beyond Stigmas And Facilitating Second Chances, Ashley Peake Wellman, Sherri Dioguardi

Qualitative Criminology (QC)

Fundamentally, criminal justice practitioners are public safety promoters, yet safety can be compromised if a divide exists between them and the communities they serve. The best way to train future criminal justice practitioners may be found in the progressive education proposed by John Dewey in the early 20th-century. Dewey’s experiential approach, specifically service-learning, has gained traction as an effective teaching tool for broadening perspectives, deepening understanding of diverse populations, and fostering higher order reasoning, all of which are critical characteristics for criminal justice professionals as well as for all American citizens. Undergraduate students participated in service-learning during a semester-long honors …

Using Nvivo™ For Literature Reviews: The Eight Step Pedagogy (N7+1), Maureen M. O'Neill Dr, Sarah R. Booth Mrs, Janeen Therese Lamb Phd

The Qualitative Report

While a literature review is a necessary milestone to be completed by all researchers in a timely and efficient manner, it is often one of the most difficult aspects of the research journey. Moreover, traditional approaches often leave novice researchers, to struggle with the conceptualisation of their literature review, now complicated by the overwhelming quantity of research available online. This paper presents a rationale the use of Qualitative Data Analysis Software (QDAS) programs for literature reviews. QDAS tools allow the researcher to explore large amounts of textual documents to see patterns. These programs are often overlooked by novice researchers due …

The Right To Counsel In Mississippi: Evaluation Of Adult Felony Trial Level Indigent Defense Services, Sixth Amendment Center, The Defender Initiative

Fred T. Korematsu Center for Law and Equality

The Right to Counsel in Mississippi: Evaluation of Adult Felony Trial Level Indigent Defense Services

Modernizing Disability Income For Cancer Survivors, Ann C. Hodges

Hofstra Labor & Employment Law Journal

The medical progress in cancer treatment is worthy of celebration, as survivors of many cancers are living longer. This good news, however, comes with challenges for those survivors. Empirical evidence from researchers at cancer centers demonstrates the devastating impact that cancer has on employment, resulting in serious financial stress for survivors and their families. My previous research used this empirical data to recommend changes in employment laws to meet the need of survivors to maintain employment. This article builds on the prior research by using the empirical evidence of the employment effects of cancer to recommend changes in the disability …

Law School Assessment In The Context Of Accreditation: Critical Questions, What We Know And Don’T Know, And What We Should Do Next, Judith Welch Wegner

Journal of Legal Education

No abstract provided.

Avoiding Nation-Building: From Nixon To Trump, Dominic Tierney

The US Army War College Quarterly: Parameters

No abstract provided.

The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Law Students Helping The Homeless Navigate Legal Issues And Institutions 02-26-2018, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Unique Collaboration With Internal And External Partners, Laura Fernandez, Carrie Field

International Legal Education Abroad Conference

No abstract provided.

Reforming Cash Bail Bonds, Larry Nackerud, Marissa Dodson, Russell C. Gabriel, Katherine Hubbard

Working in the Public Interest Conferences

Many people charged with misdemeanors await trial while in jail because they cannot afford the bonds set by the magistrate guidelines, often for longer than the sentence if they were found guilty. Panelists discuss the historical context of cash bonds and what is currently being done to fight them.

A More Human Dwelling Place: Reimagining The Racialized Architecture Of America, Michigan Journal Of Race & Law

Event Materials

Program for a 2018 Symposium.

Digging Into Democracy: Reflections On Ced And Social Change Lawyering After #Ows, Barbara Bezdek

Maryland Law Review Online

No abstract provided.

Statistically Speaking: The Overrepresentation Of Foster Youth In Sex Trafficking, Emily Selig

Children's Legal Rights Journal

No abstract provided.

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors Undergraduate Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …

Law Students Represent Victims Of The Largest Social Security Disability Fraud Case In History, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Welcome from our Law-Medicine Center leaders
• Cleveland: A top city for health care
• Cover Story: Seeking justice for victims of Social Security disabilities fraud
• Helping clients live their lives to the fullest
• Scott Schweikart: reporting on legal issues at the AMA
• Hilary Leeds: promoting clinical trials transparency
• National Jurist recognizes Alison Epperson as a “law student of the year”
• CWRU law student wins second place in national health law writing competition
• CWRU hosts the 41st annual Health Law Professors Conference
• The Law-Medicine Center’s 2017-18 events take on malpractice litigation, patient trust, opioid crisis, contraception and more
• Iowa Supreme Court adopts …