In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• An Update from the Deans: Q&A
• Practice Pays Off: CWRU Law Teams Score Impressive Performances in Competitions
• A Focus on the First Amendment
• Litigation Clinic Petition to Be Heard by the Ohio Supreme Court
• Student-Led Initiative Documents Atrocities in Yemen
• Welcoming Upgrades
• Cox Center's Three Decades of Progress
• LLM Program Celebrates 30 Years
• Featured Alumni/Alumni Spotlight: Chris Rassi
• Faculty Briefs
• Commemorating the Class of 2021
• Class Notes
• New Cabinet Unites Alumni to Improve Diversity and Inclusion at the Law School
• Alumni Committees
• In Memoriam
• Society of Benchers
• Honor Roll of Donors
• More than 50 Years After Graduation, …

A New Age Of Surveillance: Facial Recognition In Policing And Why It Should Be Abolished, Annslee Perego

Cardozo Journal of Equal Rights & Social Justice

The note argues that facial recognition technology in policing is fundamentally flawed due to its racial bias, erosion of privacy, and suppression of democratic participation. It advocates for the abolition of facial recognition in law enforcement, citing its inherent inaccuracies and societal risks, and proposes regulatory measures to limit its use if outright abolition is not feasible.

The Labyrinth Of Data Collection For Humanitarian Project Funding And Implementation, Maria Alejandra Pulido

Independent Study Project (ISP) Collection

My research concentrates on four NGOs: IOM, IDMC, JIPS, and OCHA which use different tools to collect data and translate the information into evidence for data-driven decision making (DDDM) for the implementation of humanitarian assistance projects. I focus on the importance, advantages, and various data collection tools which help ameliorate the humanitarian sector since it does not have a current professionalized path to enter the workforce. I incorporated four interviews, attended two conferences and analyzed multiple online sources during my project.

Trends In National-Level Governance And Implementation Of The Philippines' Responsible Parenthood And Reproductive Health Law From 2014 To 2020, Vanessa T. Siy Van, Jhanna Uy, Joy Bagas, Valerie Gilbert T. Ulep

Health Sciences Faculty Publications

In 2012; the Philippines passed the Responsible Parenthood and Family Planning Law; a landmark legislation billed as a multisectoral and rights-based approach to further sustainable human development. This article is part of the first comprehensive evaluation of the implementation of the law by national-level actors. This evaluation is intended to assess the progress of implementers in the conduct of mandates; roles; and responsibilities described in the law and its implementing guidelines. Interviews with key national government officials and data from official documents and literature revealed 3 major trends in governance and implementation from 2014 to 2020. First; despite being a …

Police Officers' Perceptions Of The Law Enforcement Narcan Program And The Effectiveness In Fighting The Opioid Epidemic, James Russo

Seton Hall University Dissertations and Theses (ETDs)

Abstract

The purpose of this study was to investigate how police officers perceived the N.J. Narcan policy and standards in saving lives and deterring opioid use. This study also examined the impact of the law enforcement Narcan program in reducing the opioid overdose death rate. Participant interviews will be conducted, and thematic coding will be utilized to capture the dominant themes associated with the police officers’ perceptions of the N.J. Narcan policy and standards in reducing the opioid overdose death rate. Fifteen police officers will participate in the study, and their anonymity will be maintained to elicit transparent responses. This …

Examining Perceived Effects Of Same-Sex Marriage Legalization Among Sexual Minority Women: Identifying Demographic Differences And Factors Related To Alcohol Use Disorder, Depression, And Self-Perceived Health, Laurie A. Drabble, Amy A. Mericle, Cat Munroe, Angie R. Wootton, Karen F. Trocki, Tonda L. Hughes

Faculty Research, Scholarly, and Creative Activity

Introduction

Reductions in structural stigmas, such as gaining access to legalized same-sex marriage, are associated with positive psychological and physical health outcomes among sexual minorities. However, these positive outcomes may be less robust among sexual minority women (SMW).

Methods

This study examined how perceptions of the impact of legalized same-sex marriage among SMW may (1) differ by demographic characteristics and (2) predict alcohol use disorder, depression, and self-perceived health. A diverse sample of SMW (N=446) completed an online survey in 2020 assessing the perceived impact of legalized same-sex marriage across six social-ecological domains: (1) personal impact, (2) stigma-related …

Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne

Georgia Journal of International & Comparative Law

No abstract provided.

An Extended Essay On Church Autonomy, Carl H. Esbeck

Faculty Publications

The doctrine of church autonomy has its own exclusive line of precedent running from Watson v. Jones (1872) through Kedroff v. St. Nicholas Cathedral (1952) - where the doctrine was first recognized as having First Amendment stature - and culminating with renewed vigor for religious institutional autonomy in the unanimous decision of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012). Attention to church autonomy has expanded rapidly since the Supreme Court’s decision in Hosanna-Tabor, and its scope is much disputed as it pushes aside other claims and interests. In its most familiar form—the “ministerial exception” - it is …

Death Penalty Keynote: Why Mitigation Matters, Now And For The Future, Stetler, Russell

Santa Clara Law Review

This Article examines the current state of the death penalty in California and nationally through the lens of mitigation—the empathy-evoking evidence that has been a constitutional requirement to ensure individualized sentencing in the era of the modern American death penalty. It situates the discussion in the context of the extraordinary events of 2020: the Covid-19 pandemic, the heightened awareness of racial inequities reflected in the Black Lives Matter movement, and the federal execution spree in the final six months of the Trump administration. The Article began as the keynote address at California’s annual Capital Case Defense Seminar on February 13, …

Relational Social Theories And Legal Pluralism, Keebet Von Benda-Beckman

The Indonesian Journal of Socio-Legal Studies

Recent sociological, anthropological, and psychological research points at a shared problem: Are humans separate and autonomous entities, or must they be seen through the lens of extended, permeable, fractured notions of personhood? This paper discusses some crucial implications for the study of law and legal pluralism. Legal orders may differ in the degrees to which personhood is taken as embedded. At the same time, notions of personhood may also be more or less bounded, with particular fields within legal orders also espousing different degrees of personal autonomy. That depends on how political preferences shape specific issues at the time legislation …

Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian

The US Army War College Quarterly: Parameters

Using US military aid as a lever to achieve human rights reforms has proven only marginally effective. This article examines the approaches employed by the Obama and Trump administrations to US military aid to Egypt and proposes practical steps that can be taken by policymakers and the military personnel on the ground to advance US human rights values.

Police Officer Years Of Service: Does It Play A Role In Officer Displays Of Empathy?, Rachel Jeffries

Boise State University Theses and Dissertations

In the 2019 National Crime Victimization Survey, only 52.2% of domestic violence (DV) incidents were reported to the police (Morgan & Truman, 2020). With significantly low reporting rates, policing agencies may be asking themselves what they can do to encourage victims of DV to come forward and report their victimizations. Research on DV victims’ perceptions of police response suggests that, when police provide empathy-like responses to victims of DV, there are numerous benefits for the victim and the policing agency (Birdsey & Snowball, 2013; Johnson, 2007; Stephens & Sinden, 2000). Thus, empathy could be a central component to improving reporting …

Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper

Helms School of Government Undergraduate Law Review

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

Amadeusz: Inequities In The Enactment And Implementation Of Records Suspensions, Ardavan Eizadirad, Tina-Nadia Gopal Chambers

Journal of Law and Social Policy

AMADEUSZ IS A NON-PROFIT ORGANIZATION IN ONTARIO that provides access to education, community supports, mentorship, and exceptional care for young adults ages eighteen to thirty-five who are or have been incarcerated. Using case studies of three participants from Amadeusz, we centre the lived experiences of racialized persons with a criminal record, outlining the challenges to accessing, and being approved for, a record suspension. Although the record suspension program is intended to assist with reintegration, the case studies show that the high monetary cost for the record suspension application, extensive waiting periods of five or ten years to qualify, consideration of …

Understanding And Promoting The Human Rights Of Autistic People, Keri E. Iyall Smith Phd

Societies Without Borders

Rates of autism diagnosis are on the rise and autistic people are entering the public sphere in new ways, represented in theater, on television, as international experts, and more. Yet, do autistic people experience their full human rights? Experts argue that autistic people suffer discrimination and violations of their human rights, noting that more must be done to ensure the full entitlement of human rights for autistic people (Autism Society ND, Baron-Cohen 2017 and Sarrett 2012). To better understand and promote the human rights of autistic people, this paper applies theories of disability to autism, looking at the biomedical model, …

Meek Mill’S Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Amy Dunn Johnson

Law Faculty Scholarship

Meek Mill’s life and career have been punctuated by trauma, from his childhood lived on the streets of Philadelphia, through his rise to fame and eventual arrival as one of hip hop’s household names. his 2018 track "Trauma," Meek Mill describes, in revealing prose, just how the traumatic experiences he endured personally impacted and harmed him. He also embodies a role as narrator in describing the same traumas and harms that impact the daily lives of countless similarly situated young Black people in the United States. As a child, Mill’s lived experience was one of pervasive poverty and fear, as …

Defining The Role Of Clinical Law Students, Medical-Legal Partnerships, And Pro Bono Lawyers, Suzanne Weise

Tennessee Journal of Law and Policy

No abstract provided.

Responding To The Impacts Of The Opioid Epidemic On Families, Wendy A. Bach, Suzanne Weise, Barry Staubus

Tennessee Journal of Law and Policy

No abstract provided.

The Potential For A Family Law Tribunal, Patricia Lynn Robinson

PhD Dissertations

This thesis considers the potential for tribunal adjudication in family law, particularly for custody and access cases. The central argument is that a paradigm shift away from adversarialism may enable experimentation with a holistic tribunal-based family law settlement system, at least for family law cases in which a best-interests-of-the-child determination is required. It is suggested that within a holistic tribunal settlement system, multi-disciplinary mediators and adjudicators could share decision-making responsibility, nurture tribunal expertise and develop transparent decision-making guidelines, while adjudication could be relegated to a secondary, inquisitorial component. New empirical research on mediation and adjudication processes in selected tribunals is …

Cops In Scrubs, Ji Seon Song

Florida State University Law Review

An encounter with police often involves more than just the police officer and the individual person. This Article highlights one particular actor integral to police investigations: the medical professional. Medical professionals, whether they be physicians, nurses, nurse practitioners, or other healthcare providers, become part of investigations in many ways. They notify police of crimes. They facilitate police questioning. They provide information gleaned from patient conversations, patient belongings, and their bodies. _The intertwined relationship between medical professionals and law enforcement is embedded in the legal and regulatory framework. A constellation of laws directs medical professionals to cooperate with law enforcement with …

July 2021 Magazine

Ergo

No abstract provided.

The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz

Minnesota Journal of Law & Inequality

No abstract provided.

State Complicity And Religious Extremism: Failing The Vulnerable Individual, Amos N. Guiora

Utah Law Faculty Scholarship

Religious extremism—especially when unhindered by the state—can result in unimaginable harm to individuals. That is not to suggest that the only extremism is religious extremism.

That would be patently incorrect and a profound misrepresentation of history; secular extremism - Communism, Fascism, Nazism, Pol Pot, Mao to name but the most obvious - has exacted an unimaginable price on hundreds of millions of people over the ages. While our examination will focus exclusively on religious extremism that is not intended - in any way - to minimize the extraordinary harm inflicted on innocent individuals by extremism not based on religion. To …

Richmond Law Magazine: Summer 2021, University Of Richmond

Richmond Law Magazine

Change of Plans

The Lawyer in the Mirror

Commanding Presence

The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos

University Honors Theses

There is emerging awareness on the potential arbitrariness and unconstitutionality of executing persons with mental illness. Most states with current death penalty laws have little to no protection for severely mentally ill defendants during capital trials. The present paper looked at the effectiveness of sentencing statutes serving the purpose of protecting defendants with severe mental illness in the state of Oregon. Through a careful meta-analysis this research focused on determining how mental illness plays into death penalty decisions and if Oregon’s Guilty Except for Insanity defense provides sufficient protection. Furthermore, the question of mental illness as a mitigating factor was …

Confronting Eugenics Means Finally Confronting Its Ableist Roots, Robyn M. Powell

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

In September 2020, a whistleblower complaint was filed alleging that hysterectomies are being performed on women at an immigration detention center in alarmingly high rates. Regrettably, forced sterilizations are part of the nation’s long-standing history of weaponizing reproduction to subjugate socially marginalized communities. While public outrage in response to the whistleblower complaint was swift and relentless, it largely failed to acknowledge how eugenic ideologies and practices, including compulsory sterilizations, are ongoing and deeply entrenched in ableism. Indeed, a conversation that recognizes the ways in which eugenics continues to target people with disabilities is long overdue.

This Article contextualizes how eugenics …

The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal

Qualitative Criminology (QC)

"In “COVID-19 and academia: Considering the future of academic conferencing,” Reinhard, Stafford, and Payne (2021) present findings based on an analysis of video and audio-recorded CrimCon presentations. The study’s ethics are questionable. A concern is that the investigators did not seek the informed consent of participants. In this essay, we discuss the federal human subjects regulatory definition of “human subjects,” and explain how it substantiates our concern in light of the facts.1 Key among them is that a coinvestigator, Payne, was also on the board that organized the conference, the Criminology Consortium. As such, he was involved in the development …

Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach, Adriana Cordova-Perez

University Honors Theses

For my thesis, I used a case study approach to analyze what we can learn about the Criminal justice system by exploring the life history of a juvenile offender. Research data was collected through an interview with a juvenile offender. Secondary sources such as literature review will also be examined to better understand the juvenile justice system. The interview will have several questions to better understand the life of the juvenile prior to them becoming part of the criminal justice system and also the question about life while in the youth correctional facility. Through those questions, I hope to better …

Ancestral Comprehensions For A Policy For The Future Of The Earth: The Narrative Of The South American Andes In The Face Of The Global Climate Crisis, Erick Pajares G., Eduardo Calvo B., Jorge Iván Palacio P., Juan José Munar M., Carlos Loret De Mola, Darío Espinoza M., Yuri Godoy P., Gustavo Mora R.

Pace Environmental Law Review

No abstract provided.