Digital Commons Network^™

Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods

Sociology and Criminology Undergraduate Honors Theses

Despite the rapid and considerable growth of the Latino population in the United States, the continual xenophobic rhetoric surrounding Latino immigration along with the nativist public policies set in place have led to higher rates of discrimination. Latino immigrant discrimination has shown to have consequences on mental health, social isolation, physical health, and trust of law enforcement. Using data from the Pew Research Center, I explored the specific factors associated with Latino immigrants that increase the likelihood of experiencing discrimination in the United States. In line with much of the prior literature, age, ethnic identity, English proficiency, Mexican origin, fear …

The Inequity Of Informal Guidance, Joshua D. Blank, Leigh Osofsky

Vanderbilt Law Review

The coexistence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as taxpayer publications, website frequently asked questions, virtual assistants, and other types of taxpayer guidance. Throughout the COVID-19 pandemic, the IRS increased its use of informal law to help taxpayers understand complex emergency relief rules implemented through the tax system.

In contrast to many other legal scholars who have examined important administrative law issues regarding informal tax guidance, in …

The Parthenon Marbles Case And The Universal Museum Myth: Policies And Politics, Cardozo Arts & Entertainment Law Journal, Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic, Cardozo Fame Center

2021–2022 Flyers

This symposium will bring together scholars and advocates to discuss the history of cultural property, its rightful owners, and whether the property should be returned to its original creating country. Professor David Rudenstine will present his decades-long historical research challenging the British Museum’s claim in the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures taken to London in the early 1800s by the British ambassador, Lord Elgin.

Discrimination, Acculturative Stress, And Academic Achievement In Emerging Adults, Rebecca Steele, Amanda Rosado, Nancy Hernandez, Elizabeth Brondolo

Journal of Vincentian Social Action

Researchers report an association of racial discrimination to academic achievement for racial/ethnic minority students. Racial discrimination is manifest on multiple levels, including interpersonal discrimination, discrimination in schools, and societal and cultural discrimination. Researchers have generally focused their efforts on examining the effects of one type of discrimination on academic achievement. Further, mediators of this relation have not been fully explored. In a sample of 78 college students, we found only interpersonal racial/ethnic discrimination, and not school-based or societal discrimination was negatively associated with GPA. However, the effects did not hold once controlling for demographic factors. We examined two potential mediators …

The Sisterarchy Of Indian Feminism, Shweta Sinha

Journal of Vincentian Social Action

The paradigm of feminism in India is deeply entrenched in its socio-cultural-political-economic reality. It is an ever-evolving byproduct of patriarchy borne out of the caste-system, colonialism, urbanism (‘Westernism’), and capitalism. As a result, the plurality within Indian feminism is predicated on the multiple patriarchies that exist within the Indian society. Therefore, while parsing feminism in India, it is imperative to identify and acknowledge the various sub-groups and intersectionality that exist within the larger framework of women’s issues.

Amongst all the marginalized factions that exist within the feminist framework, this study attempts to investigate a specific caste/class-based intersectional perspective, i.e., Dalit …

Reexamining Social Worker Immunity In The Child Welfare Context, Sarah Schneider

Seton Hall Law Review

No abstract provided.

Same-Gender Pathways To Parenthood, Sydney T. Inger

James Madison Undergraduate Research Journal (JMURJ)

LGBTQ+ individuals and couples who want children negotiate systemic inequalities in the United States of America. This literature review surveys America’s confusing legal map and the gaps in its enduring scholarly theories. The paper then examines the challenges that LGBTQ+ individuals and couples confront in working through the common pathways—same-gender adoption and fostering, in vitro fertilization, and surrogacy—to become parents. Dispersing information on the pathways will be a positive step towards breaking down the inequities for those in the LGBTQ+ community who want to start a family.

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - 2021-2024

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Multi-Disciplinary Legal Problem Resolution: Selected Annotated Bibliography, Lisa Moore

Canadian Forum on Civil Justice

There is a growing body of research and scholarship on medical-legal partnerships, social work-legal services partnerships, and other models for multi-disciplinary legal problem resolution. The goal of this selected annotated bibliography is to gather in one place examples of some of these models, and the research questions that are being explored in this area. This document is not intended to be exhaustive. In some jurisdictions, multi-disciplinary models that facilitate legal problem resolution have been part of the legal landscape for several decades; in other jurisdictions they are newer, growing in number in recent years. This document provides insights into published …

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia Gipson Rankin

Faculty Scholarship

This article fills a critical gap in the family law literature by arguing that teaching doctrinal family law in conjunction with the application of established learning theory and pedagogy yields a deeper engagement with the subject matter and leads to more practice-ready lawyers. ABA Standards 301, 303, and 304 do not clearly articulate the distinction between experiential education and experiential learning; doctrinal law classrooms are often bereft of experiential learning activities. By incorporating active learning and inclusive pedagogy in the doctrinal classroom and following recommendations from the MacCrate Report and Family Law Education Reform Project, students will be better prepared …

Free Exercise In The Mirror, Sherry Colb

North Carolina Civil Rights Law Review

No abstract provided.

What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes

Reports

The purpose of this review is to examine and evaluate current approaches to reducing violent crime. The review reports on supportive techniques, strategies, programs, and practices that are evidence-informed to combat criminal activity, delinquency, and community disorder. Ineffective techniques, strategies, and programs are also included. The review provides potential strategies and programs that require additional empirical research to show whether they work. This review includes the integration of education, employment, social services, and public health services into efforts to reduce crime and ease the burden on law enforcement and justice systems. Recommendations for reducing violent crime are included.

Getting Gideon Right: Eligibility For Appointed Counsel In Texas Misdemeanor Cases, Andrew L.B. Davies, Blane Skiles, Pamela R. Metzger, Janelle Gursoy, Alex Romo

Deason Center Reports

In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of county court policies that are both complex and severe.

Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell

Student Publications

The Scandinavian welfare states of Denmark and Sweden have famously similar socio-political and cultural systems, ones which have advanced the common perception of these nations as united in a common humanitarian and progressive global position. However there exists a significant divergence within either nation’s approach to immigration, asylum and integration policy, one indicative of the deeply ingrained deviations in popular understandings of national belonging and perspectives on greater European and global integration. By contextualizing the historical progressions of either nation and juxtaposing their individual responses to both the 2015 European refugee crisis and the contemporary Ukrainian conflict and resulting refugee …

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia M. Gipson Rankin

The Journal of Law and Education

No abstract provided.

Factors For Thriving In Law Enforcement, Kelly K. Wedley

Doctor of Education (Ed.D)

The purpose of this non-experimental and quantitative study was to evaluate the degree to which law enforcement officers perceive themselves as thriving. The sample for this study was convenient, non-probable, and purposive and comprised of 214 law enforcement officers from one large law enforcement agency in the State of Florida. The study’s researcher-constructed survey instrument was determined to be internally consistent and reliable. A one sample t-test was used to assess the statistical significance of study participant mean score response to perceptions of thriving and the results were statistically significant. The use of between-subjects analytic techniques was used to compare …

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson

University of Cincinnati Law Review

No abstract provided.

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson

Law Faculty Scholarship

The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (“ACEs”) represent the “single greatest unaddressed public health threat facing our nation today” according to Dr. Robert Block, former President of the American Academy of Pediatrics.

ACEs are traumatic events that occur in early childhood, which can range from abuse and neglect to experiences derived from household and community dysfunction, such as losing a caregiver, being incarcerated, or living with a household member suffering from mental illness. …

How The Family And Medical Leave Act Does Not Serve Women Of Color, Anahi Casas Perez

Seaver College Research And Scholarly Achievement Symposium

Presentation Type

Poster Presentation

Keywords

Woman of Color, single mother of color, Family and Medical Leave Act

Department

Social Work/ Sociology

Major

Music with an Emphasis in Voice

Abstract

The Family and Medical Leave, FMLA, was enacted into Federal law in 1993 under the Bill Clinton Administration to enable employees to take unpaid time off to tend to a medical or familial event that makes attendance at work impossible. Specifically, FMLA was created to

“to balance the demands of the workplace with the needs of families, to promote the stability, economic security of families, and promote national interests in preserving …

John Serrano Did Not Vote For Proposition 13, William A. Fischel

BYU Education & Law Journal

Rather than advancing new arguments, this essay will review my work on this subject in the form of a memoir (with popular-song headings that betray my vintage) about my evolving interest in the Serrano and Proposition 13 connection.

Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh

Qualitative Criminology (QC)

Sex offense registration and notification (SORN) policies can contribute to stigma and negative consequences for partners of registered individuals. The present study utilized a self-report questionnaire to ask these partners what they would say to policymakers if given the opportunity. A thematic analysis of the responses revealed three themes which highlight the distinct issues related to registries, describe direct consequences experienced by the partners, and propose changes to existing policy. This study provides valuable insight into the experiences of a hard-to-reach population and can help generate critical discussion around the sweeping impacts SORN policies have on individuals they were not …

Change Leadership And The Law School Curriculum, Heminway, Joan Macleod

Santa Clara Law Review

Change is ubiquitous, and lawyers, as trusted advisors to individuals and organizations, must acknowledge and address change. Moreover, as essential, everyday leaders in their many capacities (professional, community-related, and personal) they often find themselves leading change by design or by chance. Remarkably, however, lawyers have little awareness of or training in change leadership, long a mainstay in business management education and literature. Drawing from both this business academic and practice literature and the emergent literature on lawyer leadership, this article briefly makes a case for the purposeful teaching of change leadership across the law school curriculum.

Open Adoption In Context: The Wisdom And Enforceability Of Visitation Orders For Former Parents Under Uniform Adoption Act § 4-113, Margaret M. Mahoney

Florida Law Review

No abstract provided.

Alternative Dispute Resolution Has Morphed Into Mediation: Standards Of Conduct Must Be Changed, Alison E. Gerencser

Florida Law Review

No abstract provided.

Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal

Maine Law Review

A judge may appoint a guardian for an adult who does not have the capacity to make decisions affecting their own health or welfare. However, the power of the guardian—while intended to serve a protective function—potentially invites financial, physical, and emotional abuse of the most vulnerable members of society. To help a probate judge understand the circumstances of a guardianship and the need for protection, probate courts in Maine appoint a “visitor” to interview both the person allegedly in need of a guardianship and the proposed guardian. The visitor submits a report to the court which contains the visitor’s observations, …

Crossing Boundaries: Exploring Multi-Disciplinary Models For Legal Problem Resolution, Lisa Moore

Canadian Forum on Civil Justice

Legal problems rarely occur in a vacuum. They are often borne from other, non-legal problems or else give rise to non-legal problems and adverse circumstances. Legal research and scholarship has long recognized the broader non-legal contexts of legal problems as important for understanding legal problem experiences and individual approaches to problem resolution. In fact, decades of empirical research into the prevalence of civil legal problems has been conceptualized on the notion that, to understand the extent of legal problems in society, it is important to consider these problems as the people experiencing them might view them—through their varied financial, family, …

Restore The Vote: Ending Parole, Probationary, And Supervised Release Disenfranchisement, Patrick Johnson, Lucy Rodriguez, Katelyn Sticha, Stephanie Trejo

Master of Social Work Student Policy Advocacy Briefs

In Minnesota, felony disenfranchisement is the suspension of voting rights when a person is serving a felony conviction through incarceration, probation, parole, or supervised release. Felony disenfranchisement deprives tens of thousands of Minnesotans of their most basic civil rights long after any period of incarceration has ended. This is especially true for Minnesotans of color. Restoring the right to vote immediately upon release from incarceration will promote equality in voter representation and protect civil rights for all Minnesotans.

Separation And Connectedness: Global Norms Of Open Versus Closed Adoption, Malinda L. Seymore

Faculty Scholarship

Book Abstract:

Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon …

Collective Cognitive Capital, Emily R. D. Murphy

William & Mary Law Review

This Article calls for a new project for law and neuroscience. It outlines a structural, not individual, application of brain and behavioral science that is aligned with the general goal of basic science research: improving the lives of citizens with a better understanding of the human experience. It asks brain and behavioral science to move explicitly into public policy territory, and specifically onto ground more traditionally occupied by economists—but in ways the project of “behavioral economics” has not yet ventured. Put simply, policy analysts should focus on brains—“collective cognitive capital”—with the same intensity with which they focus on money, rights, …