Digital Commons Network^™

Loving V. Virginia As A Civil Rights Decision, Dorothy E. Roberts

NYLS Law Review

No abstract provided.

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.

Building The Case Against Human Trafficking: Developing And Evaluating A Training Module For Law Enforcement Officials, Katie Sanders

MPA/MPP/MPFM Capstone Projects

Since the passage of federal legislation to address human trafficking in the United States, efforts to measure and combat the crime have continued to grow (Victims of Trafficking and Violence Prevention Act of 2000). Measuring human trafficking has continued to be a difficult task for researchers, law enforcement, and victim services providers. The combined efforts of these groups has lead to the recognition that without more widespread identification of victims and perpetrators of human trafficking—a crime referred to as modern-day slavery—estimates will continue to be inaccurate. In order to improve the identification process, this specific proposal focuses on law enforcement …

Decreasing Disproportionality Through Kinship Care., Aimee Corbin

The Scholar: St. Mary's Law Review on Race and Social Justice

Expanding financial assistance to kinship placements can reduce disproportionality between racial minorities in Child Protective Services (CPS) custody. Statistics show that nationally, CPS removes a disproportionate number of minority children compared to non-minorities. CPS typically places a child in substitute care when that child is removed from their home, including kinship placement. Kinship placement is defined as the process by which children are placed in the care of relatives or close family friends. The government provides a significantly larger budget for foster care than for kinship placement. Kinship advocates, however, argue that foster placement—the placement in the care of a …

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

Faculty Works

Issues of race frame our national identity and define our capacity to achieve true equality for all individuals. By its very nature and traditions, the law is a profession tasked with confronting inequality and discrimination in our society. As issues of race continue to influence our communities, nation, and world, the legal profession will be charged with leading future discussions on how prejudice and bias affect our clients. Unfortunately, as legal professionals, we still struggle with the question of whether to talk about race in voir dire. This essay discusses our obligation as judges, academics, and practitioners to understand how …

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Towards The Development Of Governance Principles For The Administration Of Social Protection Benefits: Comparative Lessons From Dutch And American Experiences, Frans Pennings, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

The purpose of this article is to introduce a new approach to social protection benefit provision through an analysis and comparison of two of the advanced benefit systems in the world. Both the Dutch and American examples teach us that meaningful social benefit protection is possible, consistent, and necessary within market-based societies.

Our recommendation is that advanced-market societies start a discussion on social protection benefits based on the dual principles of federalism/subsidiarity and fiduciary duty. Federalism provides that the national/federal government should provide the principles and minimal framework for benefit provision, while regional authorities, employers, and insurance companies should be …

Medical Evidence And Expertise In Abortion Jurisprudence, Aziza Ahmed

Faculty Scholarship

Medical literature on abortion largely supports pro-choice legal claims. In turn, progressive lawyers often call for “evidence-based approaches” to lawmaking on the assumption that it will produce pro-choice legal and regulatory outcomes. This article argues that the evidence-based approach is no longer a reliable or stable strategy for pro-choice lawyering given transformations in judicial treatment of medical knowledge and a shifting evidentiary base.

Drawing on landmark cases from 1973 to 2012, this article demonstrates how the Supreme Court and lower courts selectively utilize medical expertise and evidence to liberalize or constrain abortion access. With Roe v. Wade, 4 the Supreme …

Exonerated, But Not Free: The Prolonged Struggle For A Second Chance At A Stolen Life, Newton N. Knowles

UC Law Journal of Race and Economic Justice

It is impossible to imagine being accused of a crime you did not commit. Worse, it is even harder to imagine a jury sentencing you to death or to life in prison when you know you are innocent. Since the rise of DNA evidence, the criminal justice system has been stunned by the newly exposed cases of wrongful conviction. Sadly, in most cases innocent exonerees are released with nothing more than an apology, if even that. Postexoneration compensation varies drastically among the several states and reentry resources are even more scarce or unavailable. Each compensation scheme on its own, however, …

Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins

UC Law Journal of Race and Economic Justice

The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 has led to considerable litigation on the rights of immigrants to healthcare and welfare benefits. There is significant divergence between the approaches adopted by different courts (both federal and state). This divergence is based, in part, on the different statutory schemes involved, as well as different approaches to Equal Protection. However, none of the cases have reached the United States Supreme Court, so the "correct" approach remains unclear. Following the fiscal crisis of 2008, several states moved for increased exclusion of certain immigrants, residing in the country …

The Repeat Player Effect In Child Protection Mediation: Dangers Of And Protections Against Second-Class Justice For Marginalized Parties, Donna Erez-Navot

Cardozo Journal of Conflict Resolution

This Article will be structured as follows: Part I of this Article will introduce some of the basic and problematic phenomenon including the repeat player effect, cooptation and others that arise in the legal system. In Part II, there will be specific attention to these phenomenon applied in various well-researched dispute resolution areas including criminal, child protection, employment and arbitration contexts. Part III of this Article gives a broad introduction into court annexed mediation and child protection mediation in general. Part IV of this Article will focus on the specific effects of repeat player, cooptation, and others in Family Court …

Judicial Conflict Resolution (Jcr): A New Jurisprudence For An Emerging Judicial Practice, Michal Alberstein

Cardozo Journal of Conflict Resolution

In the past few decades, the role of judges has changed dramatically, yet its nature has remained largely unexplored. To date, most cases settle or reach plea-bargaining, and the greater part of judges' time is spent on managing cases and encouraging parties to reach consensual solutions. Adjudication based on formal rules is a rare phenomenon which judges mostly avoid. This Article argues that the various Conflict Resolution methods, which are used outside the courtroom, as alternatives to adjudication, could have a strong and positive influence, both theoretical and practical, on judicial activities inside the courts. Theoretically, the Article develops a …

Faithful Translations?: Cross-Cultural Communication In Canadian Religious Freedom Litigation, Howard Kislowicz

Osgoode Hall Law Journal

In three religious freedom cases pursued to the Supreme Court of Canada—Amselem, Multani, and Huterrian Brethren of Wilson Colony—religious freedom claimants engaged in litigation over a religious practice particular to their group. Some have argued that cases like these can be seen as cross-cultural encounters. How did the religious freedom claimants seek to make their practices—the succah, the kirpan, and the prohibition on being photographed—understood to the courts? And how did the courts respond to these claims? In this article, I draw out two central values from the literature on crosscultural communication: respect and self-awareness. I then use these values …

Coitus And Consequences In The Legal System: An Experiment Study, Joni Hersch, Beverly Moran

SMU Law Review

No abstract provided.

Peacebuilding And Reintegrating Ex-Combatants With Disabilities, Janet E. Lord, Michael Ashley Stein

Articles

There is a significant gap in post-conflict reintegration processes when it comes to ex-combatants with disabilities, notwithstanding an apparent acknowledgement that physical and mental trauma impact civilians and ex-combatants alike in large numbers and that social reintegration is vital to peaceful transitions. Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons …

Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson

Journal of Law and Social Policy

Discusses the United States housing crisis, where four and a half million families were foreclosed on between 2008 and 2013. Families who lacked universal or adequate health insurance, found the physical pain and suffering of a loved one was soon followed by the economic pain and suffering associated with the high costs of health care. The human reality of this suffering is reflected by the story of New York state resident Catherine Lennon. Ensuring the pay out to Bank of America was the law firm of Steven J. Baum, the notorious New York based foreclosure mill, which has since been …

The Right To Housing In France: Still A Long Way To Go From Intention To Implementation, Claire Lévy-Vroelant

Journal of Law and Social Policy

The goal of this essay is to examine the implementation of housing rights in France. Legislation adopted in March 2007 opened the possibility of an enforceable right, which can be asserted before a court. However, it also created new inequalities before the law. Indeed, the conditions required to access that right exclude people who do not have permanent residence or a valid temporary resident permit. The implementation of this right is also limited due to the lack of available housing, especially at Ile-de-France, and to competition between people with priority entitlements. The horrible fire at a furnished Parisian hotel in …

Do Us Proud: Poor Women Claiming Adjudicative Space At Cesr, Emily Paradis

Journal of Law and Social Policy

Claiming Our Rights was a feminist participatory action research project based at Sistering, a Toronto drop-in for women facing homelessness. At weekly meetings over the course of eighteen months, members learned about social and economic rights, gave testimony on their lived experiences, and undertook actions to claim their rights. Among other initiatives, the group—which members named FORWARD—contributed a report on women’s homelessness to the 2006 review of Canada by the United Nations Committee on Economic, Social and Cultural Rights. This paper draws upon observations of the group’s process and in-depth interviews with participants to assess this human rights education methodology. …

Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Macisaac, Melissa Mackay

Articles, Book Chapters, & Popular Press

In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …

Colorado's Gregory J. Hobbs, Jr.: At The Headwaters Of Justice, Troy Eid

Water Law Review

No abstract provided.

Vol. 18, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Built For Boyhood?: A Proposal For Reducing The Amount Of Gender Bias In The Advertising Of Children's Toys On Television, Nareissa L. Smith

Vanderbilt Journal of Entertainment & Technology Law

While the last half-century has seen a dramatic increase in the number of US women in the workforce, women remain under represented in STEM (Science, Technology, Engineering, and Mathematics) fields. For years, researchers and social commentators have tried to explain the persistence of this gender gap. Some have even argued that genetic differences explain women's inability to excel in the hard sciences. This Article asserts that the impact of socialization on children's educational and occupational choices has been greatly underestimated. Specifically, the toys that are marketed to boys teach spatial skills that prepare boys for STEM careers. Conversely, the toys …

Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay

Reports & Public Policy Documents

In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …

Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis

Scholarly Works

Researchers focused on the representation of children and attorneys for children have taken great pains to explore issues surrounding the attorney-child client relationship and recommend strategies and policies supporting positive development of the relationship. Notwithstanding the breadth of available information, almost no attention has been aimed at whether attorneys should physically touch their clients. This article fills that gap.

This Article consists of three parts. Part I describes the literature commanding attorneys for children to develop quality relationships with their clients. These works recognize that young clients seek good relationships with their attorneys, but that barriers to creating quality relationships …

Law And People With Disabilities, Janet E. Lord, Deepti S. Raja, Peter Blanck

All Faculty Scholarship

This article describes the progressive development of disability law, particularly in light of international developments that are transforming domestic disability law frameworks. It provides an overview of the conceptualization of disability in law, charting the shift from a medical model to a social model of disability and more recently to a human rights model. The abstract covers the implications of the Convention on the Rights of Persons with Disabilities (CRPD), and the processes and approaches for translating international disability law standards into national level law. It sheds light on the contemporary disability rights landscape in the light of dramatic legislative …

Poverty, Dignity, And Public Housing, Jaime Alison Lee

All Faculty Scholarship

Antipoverty efforts are persistently subverted by broad societal contempt for poor people. The belief that poor people are morally and behaviorally inferior, and that their personal failings are the cause of their own poverty, is a staple of American opinion polls and political rhetoric. This presumption is so widespread that it even permeates antipoverty programs, which treat poor people with disdain even as they offer aid and assistance.

Income discrimination creates not just social stigma, but legal inequalities. The Supreme Court recognized some forty years ago that welfare law promoted wealth-based Constitutional inequalities, and responded by invoking the doctrines of …

Experience The Future: Papers From The Second National Symposium On Experiential Education In Law: Alliance For Experiential Learning In Law, Christine N. Cimini, Roberto L. Corrada, Myra Berman, Christine E. Cerniglia, Katherine R. Kruse

Articles

On June 13-15, 2014 the Second National Symposium on Experiential Educa­tion in Law took place in Greensboro, North Carolina. The Alliance for Experi­ential Learning in Law and Elon University School of Law hosted the symposium, with the support of Northeastern University School of Law. Presenters included professors and practitioners across multiple disciplines, in­cluding business, medicine, and architecture, and they shared their insights about the value of experiential education in their fields. Working from the Alliance for Experiential Learning in Law also presented their findings and distributed a set of working papers, which eventually culminated into this report. The report covers …

Combating Terrorism And Violent Extremism In Nigeria: Defining A New Approach To Winning Modern Jihadist Conflict, Steven E. Hendrix

The International Lawyer

No abstract provided.

Hiv Infrastructure Study Birmingham, Alabama, Susan S. Reif, Kristen Sullivan, Carolyn Mcallaster, Miriam Berger

Faculty Scholarship

No abstract provided.

Bill 13 (The Accepting Schools Act): Ontario Legislation Mandating Support For Lgbt Students In Publicly-Funded Schools, Renato M. Liboro Jr.

Theses and Dissertations (Comprehensive)

Twenty-six key stakeholders from schools in Waterloo Region, Ontario, participated in semi-structured, open-ended interviews for this dissertation. They included students, teachers, school board representatives in administrator and superintendent roles, trustees, and community service providers. This study explored the experiences of lesbian, gay, bisexual, and transgender (LGBT) youth in publicly-funded schools, the effect of those experiences on their mental health and well-being, and the success of strategies, programs, and policies implemented by schools to address LGBT youth issues. It also examined the perspectives of participants on Bill 13, Ontario’s Accepting Schools Act, particularly strengths and weaknesses of the bill in terms …