Digital Commons Network^™

Team Teaching, Kathryn M. Plank

Faculty Scholarship

Team teaching has the potential to have a profound impact on both teaching and learning. Many who have taught as part of a team report the break from solitary practice brings renewed excitement for teaching and the course that makes them better teachers. It also creates a learning environment in which students can explore multiple perspectives and ways of knowing. Of course, along with the benefits come many challenges. This paper shares some of the advice gleaned from those who have written about their team teaching experiences to help others make the most of the opportunity.

Teaching Teamwork To Law Students, Linda Morton, Janet Weinstein, Howard Taras, Vivian Reznik

Faculty Scholarship

Despite law firms’ demand for first year associates who can work collaboratively, teamwork is infrequently taught in legal education. Law professors unfamiliar with teamwork theory and practice are unlikely to use teams to engage students in their learning. As a result, law schools continue to graduate students who are unfamiliar and uncomfortable with the concept of working in teams, particularly interdisciplinary teams.

This article focuses on the teamwork teaching methods we use in the interdisciplinary courses we teach at California Western. We first provide a rationale for teaching teamwork and a brief description of what professional graduate schools are currently …

Transcending The Criminal Law's "One Size Fits All" Response To Domestic Violence, Hannah Brenner

Faculty Scholarship

Domestic violence is no longer a private matter confined within the four walls of the home. The shift from private to public is connected with marked progress within the legal system, which strives to protect victims and hold batterers accountable through a myriad of specific responses that have ranged from attitudinal and logistical shifts from law enforcement to increased attention within legal education to a general acknowledgment of the impact of domestic violence on individual victims, children, families, and the broader community to the passage of federal and state legislation.

The state legislative landscape has historically centered around a very …

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

Faculty Scholarship

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 …

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 …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert F. Seibel

Faculty Scholarship

We conclude in this Article that expanded practice-based, experiential education will provide foundational learning for the successful transition from law student to law practice, and that clinical education (in-house clinics, hybrid clinics, and externships) is crucial to the preparation of competent, ethical law graduates who are ready to become professionals. We urge law schools to require each graduate complete a minimum of twenty-one experiential course credits over the three years of law school, including at least five credits in law clinics or externships. Twenty-one required credits (or roughly 25 percent of the eighty-three required credits for graduation from an American …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

Check, Pleas: Toward A Jurisprudence Of Defense Ethics In Plea Bargaining, Hadar Aviram, Deanna Dyer, S. C. Thomas

Faculty Scholarship

No abstract provided.

Sexual Sensation Seeking, Drug Use And Risky Sex Among Detained Youth, Dexter R. Voisin

Faculty Scholarship

Sexual sensation seeking has been correlated with drug use and risky sex in a number of populations. However, these relationships have had limited examination among adolescents, and to date, have not been explored among detained youth, a group with some of the highest rates of illicit drug use and STIs. To better understand these relationships we utilized A-CASI to collect data on sociodemographics, sexual sensation seeking, drug use and risky sexual behaviors among a sample of 550 detained youth. A series of multivariable regression models controlling for age, gender, race/ethnicity, socioeconomic status and risky peer networks indicated that sexual sensation …

The Relationship Between Ethnic Identity And Chlamydia And Gonorrhea Infections Among Low-Income Detained African American Adolescent Females, Dexter R. Voisin

Faculty Scholarship

This study explored the relationship between ethnic identity and Chlamydia and Gonorrhea infections among detained African American female adolescents. A cross-sectional survey was conducted among 123 African American female adolescents within eight detention facilities in Georgia. Using audio-computer assisted self-interviewing technology, data were collected on demographics, ethnic identity, laboratory-confirmed Chlamydia and Gonorrhea, and other known correlates for sexually transmitted infections (STIs), such as socioeconomic status, parental monitoring, and risky sexual behaviors. Rates of Chlamydia and Gonorrhea testing yielded incidence rates of 22.6% and 4.3%, respectively. Findings indicated that, controlling for STI correlates, participants who indicated high ethnic identity were 4.3 …

There's No Place Like Home: Realizing The Vision Of Community-Based Mental Health Treatment For Children, Yael Cannon

Faculty Scholarship

On the heels of the recession, the recent U.S. Census data reveals that the percentage of children living in poverty in the United States has grown to almost a quarter. Because children from low-income families are more likely to be exposed to high levels of stress, violence, abuse, overcrowding and other risk factors, they are far more likely to develop a mental health disorder--and to have their mental health needs go unmet. Rather than receive the necessary educational and mental health services, these children are often suspended and expelled, funneled through the school-to-prison pipeline' into the juvenile and criminal justice …

The New Stigma Of Relocated Public Housing Residents: Challenges To Social Identity In Mixed-Income Developments, Mark L. Joseph

Faculty Scholarship

Public housing residents have long experienced stigma as members of an urban “underclass.” One policy response is the creation of mixed-income developments; by deconcentrating poverty and integrating residents into communities in which their residences are indistinguishable from neighbors, such efforts might reduce stigma associated with residency in traditional public housing. Through in-depth interviews with 35 relocated public housing residents and 184 field observations at three mixed-income developments in Chicago, we find this is not the case. Stigma associated with living in public housing is ameliorated, yet residents report that their experience of stigma has intensified in other ways. The negative …

Participation, Deliberation, And Decision Making: The Dynamics Of Inclusion And Exclusion In Mixed-Income Developments, Amy T. Khare, Mark L. Joseph

Faculty Scholarship

This paper explores the mechanisms, processes, and dynamics of participation and deliberation in three newly created, mixed-income communities being built on the footprint of former public housing developments in Chicago. Our findings reflect enduring dilemmas about the challenge of democratic participation and representation for low-income citizens in the context of urban revitalization efforts. In the current case, a fundamental tension exists between two orientations to organizing participation, one (dominant) orientation that privileges “mainstreaming” public housing resident participation into collaborative governance structures and existing market and civil society mechanisms, and another that suggests the continuing need for dedicated mechanisms that maximize …

The Public Defender As Anti-Trafficking Advocate, An Unlikely Role: How Current New York City Arrest And Prosecution Policies Systematically Criminalize Victims Of Sex Trafficking, Kate Mogulescu

Faculty Scholarship

No abstract provided.

Mixed-Income Developments And Low Rates Of Return Insights From Relocated Public Housing Residents In Chicago, Mark L. Joseph

Faculty Scholarship

In the largest poverty deconcentration effort in any city in the US, all high-rise public housing family developments in Chicago have been demolished and are being replaced by mixed-income developments. Advocates for public housing residents have worked hard to negotiate a "right to return" to the new mixed income developments. Yet, as in other cities across the country, the rates of return to the new developments have been very low. Little is understood about residents’ perceptions of their options or the factors that drive their relocation decisions. This article examines relocation decisions using data from in-depth interviews with a panel …

Correlates Of Sexually Transmitted Infection Prevention Knowledge Among African American Girls, Dexter R. Voisin

Faculty Scholarship

Purpose: To identify significant factors that distinguish African American girls who have high sexually transmitted infection (STI) prevention knowledge from those lacking such knowledge. Methods: We recruited a sample of 715 African American girls from three public health clinics in downtown Atlanta. Using audio computer-assisted self-interviewing (A-CASI) technology, we assessed for age, self-mastery, employment status, attendance at sex education classes, socioeconomic status, and STI prevention knowledge. Results: Slightly more than one-third of the girls did not know that females are more susceptible to STI infections than males; and that having an STI increases the risk of contracting HIV. Almost half …

Why Do So Few Residents Return To Mixed-Income Developments? Insights Into Resident Decision-Making, Mark L. Joseph

Faculty Scholarship

In this brief, we explore the factors that infuenced relocated public housing residents’ decisions to return or not return to a mixed-income development. Trough interviews with relocated public housing residents of three mixed-income developments in Chicago—Jazz on the Boulevard, Oakwood Shores, and Westhaven Park—as well as a group of residents who chose not to return, we fnd that the following issues signifcantly infuenced resident decision-making: Attachments to place and people; Time pressures and other constraints; Anticipated benefts from the mixed-income environment; Trade-offs and risks associated with moves to mixed-income developments.

Chicago's Public Housing Transformation: What Happened To The Residents?, Mark L. Joseph

Faculty Scholarship

Twelve years after the start of the Chicago Housing Authority’s Plan for Transformation (the Transformation), more than 16,000 families have been relocated into a variety of housing contexts including new mixed-income developments, private rental housing subsidized with vouchers, scattered-site public housing units, and rehabilitated traditional public housing developments. Tese households have been relocated with the stated goals of reducing concentrated poverty, revitalizing neighborhoods, and improving well-being, but questions remain about what has happened to the residents. Where did families end up? Are diferent types of households moving to diferent housing contexts? Does family well-being difer based on housing type? In …

Just Intervention: Differential Response In Child Protection, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Envisioning Enforcement Of Freedom Of Association Standards In Corporate Codes: A Journey For Sinbad Or Sisyphus?, James J. Brudney

Faculty Scholarship

Since the 1970’s, multinational corporations (MNCs) in large numbers have adopted codes of conduct declaring their commitment to workers’ rights. These codes, however, do not require adherence to specific labor regulations or standards in a global setting. The MNC record on voluntary compliance has been discouraging, especially in labor-intensive industries like apparel, shoes, and toys, where a global supply chain of contractors effectively controls labor conditions. The persistent gap between aspiration and achievement regarding corporate codes has led to disagreement over their meaning and value. MNCs hope to be judged on the basis of the self-regulatory systems they have established. …

Symposium: Radical Nemesis: Re-Envisioning Ivan Illich's Theories On Social Institutions Foreword, Jennifer L. Levi

Faculty Scholarship

The eight articles in this Symposium issue reflect the divergent topics that Ivan Illich managed to reflect upon in his life’s works. The topics include discussion of prisons, education, family law structures, privatization of welfare services and its impact on labor consciousness, media, and the rule of law.

The Symposium was a daylong conference of ideas that invited the engagement of those who joined. The students of Illich and students of students of Illich shared with those of us who had not studied at his side, his passion for ideas, his insights, and his invitation for anyone with or without …

The Texas Deterrence Muddle, Jeffrey A. Fagan, Amanda Geller, Franklin E. Zimring

Faculty Scholarship

The ongoing debate about capital punishment in the United States juggles several contentious questions. Innocence, cost, racial fairness, proportionality, retributivist calculus, and deterrence concerns thread a literature whose richness testifies to the endurance of capital punishment in American legal and political culture. For proponents of capital punishment, the connection between the moral and utilitarian or consequentialist positions trumps all other concerns: They suggest that if the death penalty can prevent – through the incapacitation of the offender and general deterrence of would-be killers – the loss of even one innocent life from murder, then execution is a morally justified or …

Public Housing Transformation And Resident Relocation: Comparing Destinations And Household Characteristics In Chicago, Mark L. Joseph

Faculty Scholarship

Nearly a decade after the start of the Chicago Housing Authority’s (CHA’s) Plan for Transformation, more than 16,000 households have been relocated into a variety of housing contexts, including new mixed-income developments, private rental housing subsidized with vouchers, scattered-site public housing units, and rehabilitated 100-percent public housing developments. Using administrative data from the CHA and a number of state agencies, we compare the characteristics of residents who ended up in the different housing contexts and examine differences in their current well-being. Counter to expectations, our analysis reveals no evidence of any sorting of higher functioning households into new mixed-income developments …

"The Birth Of Death": Stillborn Birth Certificates And The Problem For Law, Carol Sanger

Faculty Scholarship

Stillbirth is a confounding event, a reproductive moment that at once combines birth and death. This Essay discusses the complications of this simultaneity as a social experience and as a matter of law. While traditionally, stillbirth didn't count for much on either score, this is no longer the case. Familiarity with fetal life through obstetric ultrasound has transformed stillborn children into participating members of their families long before birth, and this in turn has led to a novel demand on law.

Dissatisfied with the issuance of a stillborn death certificate, bereaved parents of stillborn babies have successfully lobbied state legislatures …

Where Is The "Quality Movement" In Law Practice?, William H. Simon

Faculty Scholarship

The "Quality Movement" that originated in industrial production and has since influenced the professions prescribes standardized work, root cause analysis of errors, peer review, and performance measurement. While these reforms have transformed medicine and some other professions, their influence has lagged in the legal profession. This Essay reviews the limited progress of the reforms in law and assesses the cultural, institutional, and doctrinal obstacles they face.

“We Have The Right Not To Be Rescued...”: When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers, Aziza Ahmed, Meena Seshu

Faculty Scholarship

This paper highlights the impact of raid, rescue, and rehabilitation schemes on HIV programmes. It uses a case study of Veshya Anyay Mukti Parishad (VAMP), a sex workers collective in Sangli, India, to explore the impact of anti-trafficking efforts on HIV prevention programmes. The paper begins with an overview of the anti-trafficking movement emerging out of the United States. This U.S. based antitrafficking movement works in partnership with domestic Indian antitrafficking organisations to raid brothels to “rescue and rehabilitate” sex workers. Contrary to the purported goal of assisting women, the anti-trafficking projects that employ a raid, rescue, and rehabilitate model …

Toward A Conceptual Model Linking Community Violence Exposure To Hiv-Related Risk Behaviors Among Adolescents: Directions For Research, Dexter R. Voisin

Faculty Scholarship

Purpose: To present a conceptual framework which accounts for the relationship between community violence exposures (CVEs) and youth HIV risk behaviors. Methods: This article provides an overview of existing research on the links between CVE and HIV risk for youth and offers a conceptual framework for clarifying how CVE might contribute to HIV sexual risk behaviors. Results: Increasing empirical findings substantiate that the links between CVE and HIV risk behaviors among youth are mediated by psychological problem behaviors, low school success rates, and negative peer influences. Conclusions: Researchers have identified the behaviors that place teens at risk for becoming infected …

Whose Space? Whose Rules? Social Challenges In Mixed-Income Developments, Mark L. Joseph

Faculty Scholarship

Mixed-income developments are being built in Chicago and across the country as a strategy to help address poverty and rebuild communities in the inner city. Tese eforts seek to attract higher-income residents to the sites of former public housing developments and integrate low-income residents back into them in contexts of greater safety, stability, opportunity, and order. Such eforts are not without challenges, however. Based on feldwork conducted between 2007 and 2009, this brief focuses in particular on the challenges raised in negotiating the uses and expectations of space in three mixed-income developments that are part of Chicago’s Plan for Transformation: …