Digital Commons Network^™

‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer

Dignity: A Journal of Analysis of Exploitation and Violence

Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may lead to the murder of …

Why A Sustainable Public Health System Needs Community-Based Integrated Health Teams, Jessica Mantel Professor Of Law And George Butler Research Professor, Jasmine Singh J.D. Candidate

Belmont Health Law Journal

This Article builds upon previous research by describing specific examples of how community-integrated health teams (CIHTs) have supported their community's COVID-19 public health response that were shared with the authors during qualitative interviews with CIHTs. This Article proceeds in three parts, Part I describes the research study we conducted, including who we interviewed, descriptions of the types of CIHTs we included, and the topics about which we inquired. Part II describes how CIHTs can provide assistance to individual patients during a public health crisis. Part III is the system-level counterpart of Part II and describes how CIHTs can leverage their …

Vol. 62, No. 05 (February 14, 2022)

Indiana Law Annotated

No abstract provided.

Supporting Refugees And Asylum Seekers On Their College Journeys, Lindsey Kingston, Esma Karakas

International Journal of Human Rights Education

Armed conflict and political repression have created a refugee crisis in higher education, interrupting many students’ university educations or blocking young people from beginning their studies in the first place. This article outlines preliminary research findings from an ongoing project centered on improving displaced students’ access to American higher education. Motivation for this research stems from the values inherent to human rights education (HRE). Preliminary research data drawn from qualitative interviews with ten forcibly displaced students (or former students) living in Saint Louis, Missouri, highlight how refugees and asylum seekers face unique challenges in accessing higher education. In particular, this …

Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich

ProAcademy

The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …

How To Improve Legal Representation Of Children In America's Child Welfare System, Donald Duquette

Law & Economics Working Papers

From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This article provides the final recommendations of this project. These recommendations have not yet been published in the academic literature. This article first summarizes the research findings of the QIC-ChildRep project. Then it sets out QIC-ChildRep recommendations for: 1) Training and supervision of lawyers; 2) State statutes and rules governing lawyers for children; 3) State organizational structure to support child representation; 4) Strategies for recruiting lawyers in this specialty; 5) Caseload size; …

Adree Edmo, The Eighth Amendment, And Abolition: Evaluating The Fight For Gender-Affirming Care In Prisons, Mike Greene

William & Mary Journal of Race, Gender, and Social Justice

This Comment argues that the Eighth Amendment litigation strategy to secure gender confirmation surgery for incarcerated transgender people is a non-abolitionist “reformist” reform that expands the criminal punishment system that perpetuates state violence against transgender people. This Comment proposes an abolitionist framework as a transformative approach to evaluating criminal punishment system reforms and securing gender-affirming care for transgender people, incarcerated or otherwise. This Comment then proposes two abolitionist steps towards trans justice, health, and liberation.

This Comment will first provide background on gender-affirming medical care, current medical standards for assessing gender-affirming care, and the standards that courts use to evaluate …

Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate—defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which economically captures the intuitive notion that people can derive pleasure and pain directly from their and other people’s beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories …

Rural Pregnant Women’S Experiences With Substance Use Disorder: A Qualitative Study, Cami Weber

Dissertations

Rural pregnant women with substance use disorder (SUD) are an understudied vulnerable population that often experiences poor pregnancy outcomes (Higgins et al., 2019; Jumah, 2016; Kramlich et al., 2018; Shaw et al., 2015). Despite the high prevalence and high burden associated with SUD, rural women are less likely than non-pregnant women to seek addiction treatment and complete an outpatient treatment program during pregnancy (Shaw et al., 2015). This study aimed to give voice to rural Missouri women with SUD. The research questions explored the life experiences and motivations for seeking treatment using a qualitative, descriptive research design with grounded theory …

The Hidden Foster Care System: A Parallel System In Legal Limbo During A Deadly Pandemic, Megan Schmidt

University of Miami Race & Social Justice Law Review

In 2020, Josh Gupta-Kagan’s article on the American Hidden Foster System challenged the welfare system to face its coercive practices that effectuate in a child being removed from the home without formal state intervention and court oversight.1 Families find themselves struggling to stay together as child protection workers utilize threats and safety plans to force the removal of a child from the home and into the custody of a family member.2 The children’s, the parents’, and the kinship caregivers’ lives are forever impacted by the welfare state, yet they receive insufficient benefits or protections afforded to families, caregivers, and children …

Addressing Stigma And False Beliefs About Mental Health: A New Direction For Mental Health Parity Advocacy, Claire Sontheimer, Michael R. Ulrich

Annals of Health Law and Life Sciences

No abstract provided.

Equity In Education: Fixing Compensatory Education For Students With Disabilities, Melia Cerrato

BYU Education & Law Journal

In March 2020, the United States went into lockdown because of the COVID-19 pandemic. As a result, school districts were given little guidance on whether to cancel classes, provide distance learning, or give a mix of both. There are over 7 million students with disabilities, and while it is unknown how many of these were denied access to their statutory right to a free appropriate public education (FAPE)1 under the Individuals with Disabilities Education Act (IDEA), the multitude of class action lawsuits that arose out of the shutdown demonstrate how wide-spread the problem was for families. However, the denial of …

The New Great Wall Against China, Paul Rose

American University National Security Law Brief

This essay documents some of the recent changes in foreign investment law as a manifestation of increasing concerns with Chinese investment specifically and globalization more generally. The essay first shows how foreign investment laws in major economies have become increasingly illiberal since the Financial Crisis. Next, the essay considers the justification and impact of recent United States rules designed to reduce Chinese investment. Comparing data on merger and acquisition activity in the United States with the number of filings made to the Committee on Foreign Investment in the United States (CFIUS), the essay documents that although merger and acquisition activity …

Florida State Law Alumni Magazine & Annual Report (2022), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Pandemic Response Through Whole Person Care: The Intersection Of Physical And Mental Health And The Law, Jennifer Kinsley Smith, Esq., Elizabeth J. Lattner, Ma, Allison Kreiner, Md, Edward J. Kilbane, Md, Ma, Keyvan Ravakhah, Md, Mba

Annals of Health Law and Life Sciences

No abstract provided.

Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Reimagining Public Safety, Brandon Hasbrouck

Scholarly Articles

In the aftermath of George Floyd’s murder, abolitionists were repeatedly asked to explain what they meant by “abolish the police”—the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists’ secondary proposals, as interviewers quickly jettisoned the idea of literally abolishing the police. What the incredulous journalists failed to see was that abolishing police and prisons is not aimed merely at eliminating the collateral consequences of other social ills. Abolitionists seek to build a society in which policing and incarceration are unnecessary. Rather than a society without a means of protecting public safety, …

The Death Penalty In Florida: The Case Against Death, Sister Helen Prejean, Dr. Phyllis Scott, Dr. Laura Finley, Mark Elliott, Linda Harris, Jonathan Perez, Brian Stull, Melissa Minsk Donoho, Ngozi Ndulue, Dr. Matthew Barry Johnson, Kristina Roth

Nova Law Review

No abstract provided.

Divest, Invest, & Mutual Aid, Cynthia Godsoe, Caitlyn Garcia

Faculty Scholarship

No abstract provided.

Family: The Heart Of The Covid-19 Home, 56 Uic L. Rev. 115 (2022), Mackenzie Prince

UIC Law Review

No abstract provided.

Community-Oriented Policing: Building Trust And Collaborative Relationships With The Black Community, Tunice M. Cole

DSW Capstone Projects

Black people die at the hands of police at a disproportionate rate. In the United States, Black citizens are three times more likely to be killed by police than White citizens. This, along with other factors, has caused a lack of trust, legitimacy, and relationships between police and the Black community. Examining this problem from a socio-ecological and social constructivist perspective suggests that the solution encompasses the use of community feedback and experiences to build and develop a model of community-oriented policing that addresses the issues of the community being served.

Product one of this capstone was a systematic literature …

Subversive Legal Education:Reformist Steps Towardabolitionist Visions, Christina John, Russell G. Pearce, Aundray Jermaine Archer, Sarah Medina Camiscoli, Aron Pines, Maryam Salmanova, Vira Tarnavska

Fordham Law Review

Exclusivity in legal education divides traditional scholars, students, and impacted communities most disproportionately harmed by the legal education system. While traditional legal scholars tend to embrace traditional legal education, organic jurists—those who are historically excluded from legal education and those who educate themselves and their communities about their legal rights and realities—often reject the inaccessibility of legal education and its power. This Essay joins a team of community legal writers to imagine a set of principles for subversive legal education. Together, we—formerly incarcerated pro se litigants, paralegals for intergenerational movement lawyering initiatives, first-generation law students and lawyers, persons with years …

On “The Alt-Right Movement And Us National Security”, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Violating Human Rights: Chicago Law Enforcement’S Excessive Force Against Black Lives Matter Activists And Human Rights Defenders, Sarah Dávila A., Et Al.

Faculty White Papers

No abstract provided.

Transitions Unexplored: A Proposal For Professional Identity Formation Following The First Year, 29 Clinical L. Rev. 1 (2022), Megan Bess

UIC Law Open Access Faculty Scholarship

Like students in other professional fields, law students experience significant transitions during their education. These transitions consist of intense learning periods associated with major change as students develop their professional identities. These challenges and experiences allow students to develop and internalize the skills needed to be a successful lawyer. Law schools are in a unique position to create and reinforce structures to help students navigate these transitions and maximize professional identity formation. This paper will detail some of these transitional challenges and provide recommendations for law schools to further support students during transitions--most notably during the summer following their 1L …

Developing A Health Care Workforce That Supports Team-Based Care Models That Integrate Health And Social Services, Jessica Mantel, Mcclain Sampson, David S. Buck, Winston Liaw, Lechauncy Woodard, Jasmine Singh

Saint Louis University Journal of Health Law & Policy

Across the country, health care professionals are joining forces to improve the health care of populations with complex social, financial, and behavioral health needs. One promising approach relies on community-based integrated health teams (CIHTs), or interprofessional teams that integrate a broad range of medical, behavioral health, and social services, offer intensive case management, and link patients to available community resources. Yet whether CIHTs fulfill their potential depends in part on policymakers enacting policies that support CIHTs delivering comprehensive, high-value care to their patients. Drawing on the insights of CIHT professionals shared with the authors, this Article highlights several factors that …

Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman

Fordham Intellectual Property, Media and Entertainment Law Journal

The global COVID-19 crisis has turned public attention to the special need for accessing those cutting-edge studies that are needed for further scientific innovation. Theses and dissertations (TDs) are prominent examples of such studies. TDs are academic research projects conducted by graduate students to acquire a high academic degree, such as a PhD. They encompass not only knowledge about basic science but also knowledge that generates social and economic value for society. Therefore, access to TDs is imperative for promoting science and innovation.

Open access to scientific publications has been in the focus of public policy discourse for two decades, …

A Lineage Of Family Separation, Anita Sinha

Scholarly Articles in Law Reviews & Journals

This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of justice. Acknowledging shared histories, including narratives that justify unjust practices has been a shortcoming in the United States, particularly when it comes to racial injustice. Included in this oversight is the history of executing and sanctioning family separation. The US government's separation of families under the "zero tolerance" policy, which was in effect over approximately two and a half months, drew national and international criticism.

Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker

Undergraduate Honors Theses

As of April 2022, sixteen U.S. states ban Gay panic and Trans panic criminal defenses. These state-law prohibitions stemmed from several high-profile murder trials, focusing on the identity of the decedent, including the killings of Matthew Shepard and Latisha King. Between 1970 and 2020, criminal defenses interrogating the gender identity or sexual identity of victims of violence were used at least 104 times, with nearly a third of those cases resulting in reduced criminal charges and penalties. Today, in thirty-four states, the same tactics remain legal. Applying a feminist and outsider legal lens, this study engages in a textual analysis …

Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington

Faculty Scholarship

No abstract provided.