Digital Commons Network^™

The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle

UIC Law Review

No abstract provided.

Heuristics, Cognitive Biases, And Accountability: Decision-Making In Dependency Court, Matthew I. Fraidin

Journal Articles

On tens of thousands of occasions each year, state court judges wrongly separate children from their families and place them in foster care. And while a child is in foster care, judges are called on to render hundreds of decisions affecting every aspect of the child’s life. This Article uses insights from social psychology research to analyze the environment of dependency court and to recommend changes that will improve decisions. Research indicates that decision makers aware at the time they make a decision that they will be called upon later to explain it may engage in a systematic, deliberate decision-making …

Collaboration And Coercion, Margaret B. Drew

UC Law SF Journal on Gender and Justice

“Collaboration and Coercion” addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.

Letting The Fox Guard The Hen House: Why The Fourth Amendment Should Not Be Applied To Interviews Of Children In Child Abuse Cases, Yourtz, Rachael

UC Law Constitutional Quarterly

This note argues that the Fourth Amendment warrant requirement should not apply to interviews of potential child abuse victims during the course of investigations to assess their safety. The article argues that, in such cases, children are witnesses, not perpetrators, taking them outside the scope of traditional Fourth Amendment jurisprudence. Alternatively, if the Fourth Amendment is applicable, situations where children are potentially victimized by their parents present an extenuating circumstance where procuring a warrant would run counter to the objectives of the Constitution and the State's interest in protecting these children. Finally, the note argues that a warrant requirement would …

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Surrogate Mothers: An Exploration Of The Empirical And The Normative, Lina Peng

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Commission On Lawyer Assistance Programs Panel On Best Practices Engaging Law Schools, David Jaffe, Larry Dubin, Amy Timmer, Tish Vincent

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reframing The Work-Family Conflict Debate By Rejecting The Ideal Parent Norm, Jennifer H. Sperling

American University Journal of Gender, Social Policy & the Law

No abstract provided.

It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As this article proposes, law school criminal defense clinics provide an excellent environment to design and implement a non-capital mitigation investigation protocol based on the techniques used in death penalty cases. From a pedagogical perspective, such a model promotes student development of foundational lawyering skills and values, especially in the vital area of “narrative thinking characteristic of everyday practice.” From a pragmatic standpoint, creation of a mitigation investigation model benefits clinic clients and boosts the likelihood that similar investigative methods will become a staple of the student's post-graduate practice.

Part I charts the evolution of capital mitigation investigation and highlights …

Open Enrollment And Racial Segregation, Institute On Metropolitan Opportunity

Studies

This study provides evidence that Minnesota’s open enrollment program increases racial segregation in area schools.

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 10, 2013 University of Michigan Law School Honors Convocation.

Embracing Justice Roberts’ “New Medicaid”, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Reevaluating The Equal Pay Act For The Modern Professional Woman, Keiko Lynn Yoshino

Valparaiso University Law Review

No abstract provided.

Family Court Mediation After The Financial Crisis: A Struggle Worth New York's Attention, Jessica G. Mayer

Cardozo Journal of Conflict Resolution

This Note examines the effects of the recession on the use of mediation in New York State's family courts and argues that mediation ought to be used more, rather than less, to combat the effects of budget cuts. Section I discusses New York State's Family Court System, highlighting the system's rising caseload and dearth of resources. Section II briefly describes mediation and its use within the family court context. Section III describes the impact of the recession on NY State's Family Courts. In addition, detailed information is provided about the impact of the recession on the following programs: (1) the …

Emotional, Psychological, And Behavioral Challenges Of Children With Incarcerated Parents, Starr Bailey, Marie Antoinette Wakefield

McNair Poster Presentations

Children of incarcerated mothers and fathers are at a high risk of developing emotion­al, psychological, and behavioral problems (Dallaire, 2000; Lotze, Ravindran, & Myers, 2010; Nurse, 2004). The literature review conducted for this study noted several problem­atic behaviors. Some children were at a high risk for delinquency and criminal activity. Others experienced several home displacements which led to foster care or grand parenting responsibilities (Belknap, 2006). Further, mental health issues and school behavior prob­lems were directly linked to parental incarceration (Arditti, 2012). Four main problems in children were identified, which included aggression, anxiety, poor concentration, and so­cial withdrawal. Some children …

Raising Hope For Children In Foster Care: An Argument In Favor Of Expanding The Pool Of Qualified Applicants, Tapia Mateo

Student Works

No abstract provided.

Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry

Saint Louis University Law Journal

No abstract provided.

Legal, Medical, And Ethical Issues In Minnesota End-Of-Life Care: An Introduction To The Symposium, Thaddeus Mason Pope

Faculty Scholarship

As America grays, and medicine’s ability to treat the sickest of patients expands, the legal, medical, and ethical issues in end-of-life care become more numerous, pressing, and intertwined. Because Minnesota’s citizens, clinicians, and courts are not far from these concerns, the Hamline University Health Law Institute and the Hamline Law Review hosted an interdisciplinary Symposium entitled "Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care."

On November 9, 2012, we welcomed more than 200 participants to the newly opened Carol Young Anderson and Dennis L. Anderson Center on Hamline University’s Saint Paul campus. These participants included: attorneys, physicians, nurses, social …

Community Mediation Of Parenting Disputes Between Estranged Parents, Madhawa Palihapitiya, Kaila Obstfeld Eisenkraft

Massachusetts Office of Public Collaboration Publications

Community mediation, characterized by free or low cost mediation services delivered primarily by volunteer mediators, aims to provide effective dispute resolution services to a broad spectrum of the population, particularly to underserved and low-income populations. The present study seeks to determine whether community mediation fulfills this goal with respect to divorce/separation-related parenting disputes while concomitantly testing the legitimacy of concerns about the quality of mediation services offered according to a community mediation model. Thus, the effectiveness of community mediation in resolving these disputes is measured through indicators reported by mediation participants, such as the population served, mediation results and party …

Can't Escape From The Memory: Social Media And Public Sector Labor Law, William A. Herbert

Publications and Research

The Web 2.0 communicative revolution is impacting many fields of law, including labor and employment law. This article focuses upon the application and impact of statutory and constitutional doctrines on the use of social media in public employment in the United States. As part of that analysis, it will compare and contrast developments under the National Labor Relations Act, state collective bargaining and tenure laws and the First Amendment concerning social media. Through this comparative analysis, the article will highlight the distinctions and similarities of public sector labor law and their implications for the future.

Legislating Interprofessional Regulatory Collaboration In Nova Scotia, William Lahey Prof.

Articles, Book Chapters, & Popular Press

To shift health professions regulation from traditional to ‘collaborative’ self-regulation, Nova Scotia has adopted legislation which will: make all self-regulating health professions members of the Regulated Health Professions Network; mandate the Network to facilitate voluntary collaboration among its members; and enable regulators to work together on investigations of patient complaints, to adjust scopes of practice on an ongoing basis and to adjudicate appeals of unsuccessful applicants for registration. The goals are to give health professions regulation the capacity to enable and support the functioning of interprofessional teams. The legislation was adopted primarily for two reasons: collaborative development and unanimous support …

Adaptive Clinical Teaching, Colleen F. Shanahan, Emily Benfer

Faculty Scholarship

Teaching is an exercise in adaptation and clinical legal teaching is no exception. Clinical teachers develop effective approaches through instinct, training, pedagogy, skill, and trial and error. Building on the trials, errors, and instincts of clinical teachers, this article offers a more intentional approach: "adaptive clinical teaching" (ACT). ACT is a structured method of guided analysis and reflection that applies to any clinical teaching situation, allowing a clinician to make her teaching choices based on as much knowledge and with as much intentionality as possible. ACT provides clinicians with an approach for new issues as they arise and builds a …

Fathers, Divorce, And Child Custody, Matthew M. Stevenson, Sanford L. Braver, Ira M. Ellman, Ashley M. Votruba

Department of Psychology: Faculty Publications

A great many fathers will have their fathering eliminated, disrupted, or vastly changed because they become divorced from the child’s mother. In fact, between 40% and 50% of marriages end in divorce (Cherlin, 2010). Although the divorce rate (measured as divorces per 1,000 people) is high by the standards prior to the late 1960s, it has actually fallen more than 30% since its peak in 1980. The decline in divorce rates in recent years has, however, been concentrated among the college-educated portion of the population; divorce rates among the less well educated may have even increased (Cherlin, 2010). But for …

Rural Communities: How Do Individuals Perceive Change When Industry Enters The Area?, Katherine Danielle Ferrari

USF Tampa Graduate Theses and Dissertations

As the landscape of the United States changes and world resources face depletion, shale gas development has become a major social justice issue. Social workers may be called upon to help support communities undergoing change from industry as well as the environmental and social justice concerns that are arising in areas with rich natural resource supplies.

This research examines how a rural population perceives change when industry enters an area. It explores community change and social justice concerns that are occurring with shale gas development in order to help determine implications for social work practice.

Using a phenomenological approach, this …

Adaptive Clinical Teaching, Emily Benfer, Coleen F. Shanahan

Faculty Publications & Other Works

No abstract provided.

Has Engaging In Party Coalitions Affected Bsp Ideology?, Jasjeet S. Virk

CMC Senior Theses

A nation of one billion people, India is often recognized as the world’s largest democracy. The ethnic, cultural, and religious diversity in India creates a unique collection of voters whose divisions are not only brought about due to differences in ideological preferences, but also as a result of various caste and ethnic divisions that remain strongly ingrained in modern Indian society. Indian political parties must not only be able to gain voter confidence through the production and presentation of sound ideology, but also must struggle to help relate this ideology to a much divided and ethnically stratified voter base. This …

Risk-Based Student Loans , Michael Simkovic

Washington and Lee Law Review

No abstract provided.

Moving Beyond "Slaves, Sinners, And Saviors": An Intersectional Feminist Analysis Of Us Sex-Trafficking Discourses, Law And Policy, Carrie N. Baker

Journal of Feminist Scholarship

This article analyzes stories and images of sex trafficking in current mainstream US public discourses, including government publications, NGO materials, news media, and popular films. Noting the similarities and differences among these discourses, the first part demonstrates that they often frame sex trafficking using a rescue narrative that reiterates traditional beliefs and values regarding gender, sexuality, and nationality, relying heavily on patriarchal and orientalist tropes. Reflecting this rescue narrative, mainstream public policies focus on criminal justice solutions to trafficking. The second part suggests alternative frameworks that empower rather than rescue trafficked people. The article argues that the dominant criminal justice …

Parents With Mental Disabilities: The Legal Landscape, Dale Margolin Cecka

Law Faculty Publications

The ADA, coupled with federal and state child welfare laws, provides broad brush strokes for advocates of parents with mental disabilities and their children. To effectuate parents’ rights, child welfare professionals must work with the parents themselves, as well as with other state departments, to form service plans that are tailored for the success of each individual family.

Tzedek Tzedek Tirdofi: How Female Religious Court Advocates Can Mitigate A Lack Of Judicial Review Of The American Beth Din System, Raquel J. Greenberg

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.