Digital Commons Network^™

Advancing Strength-Based Inclusive Mental Health Research In Intellectual And Developmental Disabilities, Luther Kalb, Joan B. Beasley

Developmental Disabilities Network Journal

No abstract provided.

I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin

Articles & Chapters

At the core of any legal decision is an assumption that the decision will be “fair,” yet this is an elusive term. A close study of cases involving criminal defendants with mental disabilities shows that many (perhaps most) of the decisions involving this cohort are not “fair” in the contexts of due process and justice. If legal decisions reflect principles such as procedural justice, restorative justice, and therapeutic jurisprudence, the chances of such fairness will be significantly enhanced. This chapter explains why this goal of fairness, in the context of these cases, can never be met absent a consideration of …

The Potential Of Humor To Joyously Dismantle Ableism+: Considerations For Social Workers, Mia Ocean

The Journal of Sociology & Social Welfare

Social workers are often well-positioned but not adequately equipped to disrupt, unsettle, or counteract ableism. Humor is one approach to disability justice work that can move the social work profession forward in a novel way. Within this practice brief, I use first-person narrative to illustrate the potential and limitations of humor to dismantle ableism+ in everyday interactions between social workers, clinical social work practice, and policy transformation. First, I share an example of how to use humor as a direct, call-in strategy to confront social worker-initiated ableist interactions. Second, I describe how a mixed disabled/abled couple can laugh together at …

A Financial Case For A Medical-Legal Partnership: Reducing Lengths Of Stay For Inpatient Care, Barak D. Richman, Breanna Barrett, Riya Mohan, Devdutta Sangvai

GW Law Faculty Publications & Other Works

While Medical-Legal Partnerships (MLPs) have improved the health and well-being of the people they serve, most healthcare institutions will only invest in an MLP if they are convinced that doing so will improve its balance sheet. This article offers a detailed estimation of the cost savings that an MLP targeted toward the most acute legal needs would accrue to an academic medical center (AMC) in North Carolina.

Disability, Race, And Immigration: The Intersectional Impact Of Policing, Tania N. Valdez

GW Law Faculty Publications & Other Works

Law enforcement officers commonly must respond to situations in which a person is experiencing acute symptoms of a mental illness. Yet from the first moment of police involvement, these community members face the possibility of negative outcomes. Consequences include officers' use of excessive force leading to injury or death, criminal arrest and prosecution that results in deprivation of liberty, separation from the community, and the creation of a permanent criminal record that affects other rights.

Although potential violence and criminalization are important reasons to avoid relying on police during mental health events, another key consideration is often ignored in the …

Using Education To Confidently Identify And Report Concerns Of Child Abuse And Neglect: A Qualitative Improvement Initiative Through Staff Development, Sarah E. Neilson

Master's Theses and Capstones

BACKGROUND: Pre-licensure education on child abuse and neglect is crucial for nurses in the healthcare field. It helps to equip them with the knowledge and skills necessary to effectively identify, report, and intervene in cases of child abuse and neglect. Having this education available and understanding the signs and effects of child abuse and neglect, empowers nurses to take quick and decisive action in early intervention and prevention. Within the microsystem of a local Operating Room (OR), this quality improvement (QI) project will determine the muchneeded addition to the healthcare curriculum.

METHODS: The Plan, Do, Study, Act (PDSA) framework was …

They're Cops, Too, Shanée Brown

Scholarly Works

Caseworkers or child protective workers are government officials tasked with investigating allegedly endangered children and their parents or guardians. They work for state agencies and exercise police power, but this kind of police power intrusively interferes with the life of an individual more than police power wielded by other law enforcement agencies. The Fourth Amendment provides individuals with protections against illegal searches and seizures of bodies and private spaces by the government, and police officers, as well as caseworkers, are required to respect these constitutional protections. Caseworkers, who are state actors, are dedicated to public safety in that they have …

Adoption As Substitute For Abortion?, Malinda L. Seymore

University of Colorado Law Review

In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, “[s]tates have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously.” Second, “a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement, but it is often embraced by pro-choice advocates as well. This position is supportable …

Toward Equal Access: A Model For Lay Advocacy Programs Serving People Who Are Deaf Or Hard Of Hearing, Melissa Bell

JADARA

Advocacy programs are prevalent among state government agencies that specialize in serving persons who are deaf or hard of hearing around the United States. The work is crucial to ensuring equal access and equal opportunity, yet the lay advocacy profession is not yet formalized with certification, ethical standards, or training programs for advocates serving this population. Research was conducted to advance efforts to maximize these programs’ effectiveness by compiling components of an ideal model for lay advocacy programs. Directors from state agencies that specialize in serving this population around the country refined the model and described the structure of their …

Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond

Theses and Dissertations (Comprehensive)

“In a traditional village, we wouldn’t have a teepee with no door on it and throw somebody in there. We wouldn’t cast them out, because banishment meant death. What we had to do was restore relationships” – Ryan Beardy (Thorpe, 2022).

The following project examines the representation of Indigenous traditions, customs, and issues in Canadian mainstream media. Specifically, this project is interested in the portrayal of banishment as an Indigenous practice in Canadian mainstream news outlets. This project is based on an interpretive paradigm informed by grounded theory and concepts of media framing, postcolonialism, settler colonialism and restorative justice. Nineteen …

Urban Commons In Italy, Michele Graziadei

FIU Law Review

The Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is …

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Gigi Walker, Brian Flaherty

Faculty Scholarship

The past few decades have seen a welcomed focus on “Trauma-informed education.” This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma.¹ While the original study focused on outcomes such as chronic health problems, incarceration, and employment challenges, later researchers focused on the negative impacts on education and learning as a result of trauma.² Educators continue to work with this research trying to figure out how to be more “trauma-informed,” and to better reach those students whose lives and learning capacity have been affected …

The Uptake And Measurement Of Alternative Approaches To Domestic Violence Intervention Programs: A Scoping Review, Julia K. Campbell, Sydney Nicolla, Deborah M. Weissman, Kathryn E. Moracco

Faculty Publications

This scoping review explores the breadth and depth to which Domestic Violence Intervention Programs (DVIPs) in the United States and globally: (a) incorporate components that address the relationship between intimate partner violence (IPV) and social injustice, racism, economic inequality, and adverse childhood experiences (ACEs); (b) use restorative (RJ)/ transformative justice (TJ) practices, individualized case management, partnerships with social justice actors, and strengths-based parenting training in current programming; and (c) measure effectiveness. In 2021, we searched 12 academic databases using a combination of search terms and Medical Subject Headings. In all, 27 articles that discussed at least one key concept relative …

Broadening The Community, Strengthening The Movement: An Introduction To The Innocence Project "Just Data" 2024 Scholarship Issue, Vanessa Meterko, Jaime S. Henderson, Ngozi Ndulue, Tebah Browne, Valena Beety

Articles by Maurer Faculty

This special issue of The Wrongful Conviction Law Review features a collection of seven research papers presented at the Innocence Project’s 2023 Just Data: Advancing the Innocence Movement conference. This annual event, organized by the Innocence Project and partners in the larger Innocence Network, brings together a diverse group of scholars and advocates, including those who have been wrongfully convicted themselves, to share the latest social science, discuss emerging issues, and make connections to inform our collective work and promote new applied research. Social science research, often conducted quietly and behind the scenes, is critical to data-driven litigation and policy …

Silencing The Sex Worker, Yvette Butler

Articles by Maurer Faculty

This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form of violence against women. Without the ability to help shape this narrative, sex workers will continue to be silenced by the allegation that they are a danger to the feminist movement, courts will make harmful rulings, and legislatures will continue to enact laws …

Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti

Indonesia Law Review

This study examines”Restorative”Justice in the settlement of sexual violence crimes. The research method used in this study is normative juridical, using a statute approach. The aim of this research is to determine the effectiveness of Restorative Justice in resolving the problems of cases of sexual violence that have occurred in Indonesia. The results of this study include that Restorative Justice is not effectively applied to cases of sexual violence because it cannot fulfill”the principles of respect for human”dignity, nondiscrimination, the best interests of the victim, justice, benefit and legal certainty for the victim as stipulated in the Law, Constitution Number …

Contract, Status And The Bonds Of Welfare, Kenneth Veitch

Emancipations: A Journal of Critical Social Analysis

This article explores the relationship between contract and status in the context of contemporary social policy. Using examples of contract in the areas of unemployment policy (what is here called the workfare contract) and what has become known as the financialisation of the welfare state (Social Impact Bonds), the article identifies the types of bonds and obligations involved in those contracts and their sources. Drawing critically on Émile Durkheim and Max Weber’s work on the history and pre-history of contract, it is argued that issues of status – the status of the unemployed and capital, amongst others – lie at …

Kathryn O. Greenberg Immigration Justice Clinic Protects Woman From Deportation, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2023

Cardozo’s Kathryn O. Greenberg Immigration Justice Clinic has protected a woman from deportation to Haiti, where she faced torture.

Public Interest Burnout: Seven Factors That Increase The Risk, Sandra Simkins

DePaul Journal for Social Justice

No abstract provided.

Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie

Sturm College of Law: Faculty Scholarship

Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …

Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie

University of Dayton Law Review

In 2011, the Obama Administration introduced the Dear Colleague Letter (“DCL” or “Letter”), which drastically reshaped the nature and scope of Title IX and redefined how sex-based discrimination is viewed and addressed on college campuses around the country. While the overall intent of the Letter was to address historical mishandlings of sexual misconduct on the part of victims, including sexual assault in higher education, many commentators have expressed the concern that the guidelines aggressively pursued this end without considering several sweeping impacts. Where Title IX used to be a means for providing equal access to education through government oversight, through …

Toward Equal Access To Justice: Rethinking The Role Of Law Schools, Douglas A. Blaze

Tennessee Journal of Law and Policy

No abstract provided.

Who's Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay critically analyzes the “anti-woke” message deployed by the Conservative Political Action Conference’s (CPAC) 2023 annual meeting’s poster—the suggestion that awake is good and its synonym woke is bad—with the goal of establishing the importance of CRT in general and in education more specifically. This work shows how critical theories are key to deconstructing disingenuous messaging about the meaning of words, theoretical constructs, and historical realities.

The Work first elucidates that the meaning of awake, as utilized in myriad fields, addresses the concept of consciousness—awareness of injustices in society. Second, the Essay historicizes the origins and uses of the …

Swimming Together Upstream: How To Align Mlp Services With U.S. Healthcare Delivery, William M. Sage, Keegan D. Warren

Faculty Scholarship

Medical-legal partnership (MLP) embeds attorneys and paralegals into care delivery to help clinicians address root causes of health inequities. Notwithstanding decades of favorable outcomes, MLP is not as well-known as might be expected. In this essay, the authors explore ways in which strategic alignment of legal services with healthcare services in terms of professionalism, information collection and sharing, and financing might help the MLP movement become a more widespread, sustainable model for holistic care delivery.

Integrating Lawyers Into Perinatal Care Teams To Address Unmet, Health-Harming Legal Needs, Loral Patchen, Roxana Richardson, Asli Mccullers, Vicki W. Girard

Georgetown Law Faculty Publications and Other Works

Across the United States, historically imposed structural, social, and environmental variables are intimately connected to poor obstetric outcomes and high maternal and infant mortality rates among Black pregnancy-capable people. Efforts to diminish the effect of these variables include integrating screening for social determinants of health during the perinatal period and treating them with social services, mental health support, and other referrals, including connections to community-based resources. Although helpful, some of these social determinants cannot be overcome without legal advocacy. Medical–legal partnerships, which integrate lawyers into health care, fill this gap. This commentary by an interprofessional team of authors relies on …

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

United States Social Security Administration Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2023)

Copyright, Fair Use, Scholarly Communication, etc.

SSA response to OSTP memo, 2022: Public Access Plan (December 2023)

Social Costs Of Dobbs' Pro-Adoption Agenda, Malinda L. Seymore

Faculty Scholarship

Abortion opponents have long claimed that women denied access to abortion can simply give their children up for adoption. Justice Alito repeated this argument in Dobbs v. Jackson Women’s Health. Of course, this claim assumes away the burdens of the pregnancy itself, which can result in economic strife, domestic violence, health risks, and potentially death in childbirth. But even on its own terms, the argument that adoption is an adequate substitute for abortion access makes normative assumptions about adoption as a social good in and of itself, ignoring the social costs of adoption for birth parents and adoptees. Idealizing adoption …

Special Education Cause Lawyers, Mark C. Weber

Case Western Reserve Law Review

No abstract provided.

Transformative Dynamics: Reframing The Role Of Reparations In Transforming Social Order, Emily J. Kawahara

San Diego Law Review

According to Kathryn Sikkink, a revolution of human rights advocacy in tandem with heightened levels of accountability for human rights abuses has led to a “justice cascade,” where it is now expected that human rights violators will be held criminally accountable for transgressions. This normative shift of prosecuting individual perpetrators for human rights violations has also affected the larger picture of justice: human rights violations do not live in a silo and often occur against a backdrop of much-needed institutional reform. This Article considers the relationship between transitional justice, development programs, and social services, specifically using reparations as an example …