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Correcting Myopia In Domestic Violence Advocacy: Moving Forward In Lawyering And Law School Clinics, Camille Carey Jan 2011

Correcting Myopia In Domestic Violence Advocacy: Moving Forward In Lawyering And Law School Clinics, Camille Carey

Faculty Scholarship

Lawyers and law school clinics have become myopic in their approach to civil domestic violence lawyering. This article argues that domestic violence lawyering should expand beyond its current focus on family law to move domestic violence law and practice forward. Drawing on theoretical frameworks from criminal law and feminist legal theory, this article proposes a lawyering model that expands individual representation across a wide spectrum of case types while also challenging systems that enable battering or do not support victims in their efforts to secure safety. Holistic representation in family law, public benefits, immigration, housing, mortgage foreclosure, tort, and financial …

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"Brother, Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson Jan 2011

"Brother, Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Faculty Scholarship

Cost reduction is one of the desirable results frequently attributed to Alternative Dispute Resolution (ADR) processes. Although it is reasonable to assume that businesses always are interested in saving money, this goal takes on added importance when the economy is struggling. The cost savings inherent in ADR, which already are significant, can be increased substantially through the strategic adoption of technology. Although I generally do not urge caution when it comes to expanding the ways in which we use technology, we nonetheless must recognize not only technology’s potential benefits but also its possible pitfalls. It is relatively easy to identify …

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The Rise Of The Corporation, The Birth Of Public Relations, And The Foundations Of Modern Political Economy, Donald J. Smythe Jan 2011

The Rise Of The Corporation, The Birth Of Public Relations, And The Foundations Of Modern Political Economy, Donald J. Smythe

Faculty Scholarship

No abstract provided.

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Whos The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases', Yael Cannon Jan 2011

Whos The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases', Yael Cannon

Faculty Scholarship

This Article explores the various models of representation used by attorneys in special education cases and advocates for thoughtful identification of the client or clients through a contextualized, individualized decision made collaboratively by the lawyer and client(s), with considerations of a panoply of factors. Part I attempts to unpack these models. While clear advantages exist with each of the models, the Article presents case examples and questions that illustrate some of the challenges that may be presented by each model. Part II includes a discussion of the factors that an attorney should consider in each case in determining the appropriate …

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Mechanisms Linking Violence Exposure And School Engagement Among African American Adolescents: Examining The Roles Of Psychological Problem Behaviors And Gender, Dexter R. Voisin Jan 2011

Mechanisms Linking Violence Exposure And School Engagement Among African American Adolescents: Examining The Roles Of Psychological Problem Behaviors And Gender, Dexter R. Voisin

Faculty Scholarship

This study examines whether the relationship between violence exposure and school engagement is mediated by psychological problem behaviors and whether such relationships are gendered. Five hundred and sixty-three high school African American adolescents (ages 13-19 years) completed questionnaires that assessed two types of violence exposure (community violence and marital conflict), psychological problem behaviors (e.g., posttraumatic stress disorder symptoms, anxiety, withdrawal, and aggressive behaviors), and school engagement (i.e., student-teacher connectedness and grade point average [GPA] obtained from school records). For male adolescents, psychological problem behaviors collectively mediated the relationship between community violence exposure and student-teacher connectedness. For female adolescents, both community …

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The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty Jan 2011

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

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Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik Jan 2011

Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik

Faculty Scholarship

This Article begins to synthesize the literature criticizing the current state of legal education with the scholarship proposing solutions, and argues that whatever review is undertaken must be expansive, with a careful and critical look at how each piece supports the endeavor. None of the ideas discussed, taken alone, are novel, as scholarship abounds on all of the topics. Considered together, the analysis suggests that a comprehensive and holistic approach to reform is necessary. In essence, the goal is to catalyze a wholesale reconsideration of the very foundation of legal education. Many of the seemingly disparate themes comprise a Gordian …

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Louis Henkin (1917-2010), Lori Fisler Damrosch Jan 2011

Louis Henkin (1917-2010), Lori Fisler Damrosch

Faculty Scholarship

Louis Henkin died in New York City on October 14, 2010, a few weeks short of his ninetythird birthday. He was in a class by himself at the intersection of international law, international politics, and the constitutional law of foreign relations in the second half of the twentieth century and the first years of the new millennium.

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Pot As Pretext: Marijuana, Race, And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan Jan 2011

Pot As Pretext: Marijuana, Race, And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than 10 years later. This rise has been a notable component of the city’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “stop, question, and frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …

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Called "Out" At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman Jan 2011

Called "Out" At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman

Faculty Scholarship

One of the harshest collateral consequences of a juvenile delinquency case is the prospect of eviction from public housing. Under the federal government’s One Strike policy, public housing authorities are encouraged to evict families for any criminal act by their children, no matter how trivial. This politically popular policy creates more social ills than it cures. There is no evidence that it reduces crime in public housing, but there is abundant evidence that it makes families homeless, puts children out on the street, leads police departments to breach laws concerning confidentiality of juvenile proceedings, and creates conflicts of interest between …

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Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments: A Preliminary Comparison, Linda C. Mcclain Sep 2010

Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments: A Preliminary Comparison, Linda C. Mcclain

Faculty Scholarship

The UN Convention on the Rights of the Child (CRC) recently began its third decade. Why has the United States still not ratified the CRC, celebrated as the most widely ratified international human rights treaty in history? Once again, this question is on the table: Congressional resolutions that President Obama should not transmit the CRC to the Senate for advice and consent rapidly followed intimations that the Obama Administration had some qualms about the U.S. keeping company only with Somalia in not ratifying it. Some scholars contend that enlisting the unique resources of religions would help to ground a culture …

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Is Mixed-Income Development An Antidote To Urban Poverty?, Mark L. Joseph Mar 2010

Is Mixed-Income Development An Antidote To Urban Poverty?, Mark L. Joseph

Faculty Scholarship

I critically assess the potential for mixed-income development as a means of helping lift families in U.S. inner cities out of poverty. I identify four main propositions for the promise of mixed-income development, provide a conceptual framework that delineates the pathways through which mixed-income development can be hypothesized to improve the quality of life for the urban poor, and review the evidence from existing research on the relevance of these propositions. Because of the scale and possible elimination of the HOPE VI (Housing Opportunities for People Everywhere) program, I pay particular attention to what we have learned from it. The …

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Living In A Mixed-Income Development: Resident Perceptions Of The Benefits And Disadvantages Of Two Developments In Chicago, Mark L. Joseph Mar 2010

Living In A Mixed-Income Development: Resident Perceptions Of The Benefits And Disadvantages Of Two Developments In Chicago, Mark L. Joseph

Faculty Scholarship

Policy-makers in several countries are turning to income- and tenure-mixing strategies in an attempt to reverse decades of social and economic isolation in impoverished urban areas. In the US city of Chicago, all high-rise public housing developments across the city are being demolished, public housing residents are being dispersed throughout the metropolitan area and 10 new mixed-income developments are being created on the footprint of former public housing complexes. Findings are presented from in-depth interviews with residents across income levels and tenures at two mixed income developments and the paper explores residents’ perceptions of the physical, psychological and social impacts …

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Creating Mixed-Income Developments In Chicago: Developer And Service Provider Perspectives, Mark L. Joseph Feb 2010

Creating Mixed-Income Developments In Chicago: Developer And Service Provider Perspectives, Mark L. Joseph

Faculty Scholarship

Mixed-income development has been embraced by policymakers across the country as a promising means of deconcentrating poverty and revitalizing inner city neighborhoods. The unprecedented scale of Chicago’s effort at mixed-income development provides an important opportunity to learn about the possibilities and challenges of this approach. Most of the new developments have completed at least one pre-occupancy phase of construction, marketing, and resident outreach. This paper explores the perspectives of two key actors in the mixed income development process: private developers and social service providers. In Depth interviews were conducted with 26 individuals working on nine of Chicago’s major new mixed-income …

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Community Violence And Health Risk Factors Among Adolescents On Chicago's Southside: Does Gender Matter?, Dexter R. Voisin Jan 2010

Community Violence And Health Risk Factors Among Adolescents On Chicago's Southside: Does Gender Matter?, Dexter R. Voisin

Faculty Scholarship

We assessed community violence, school engagement, negative peer influences, mental health problems, and human immunodeficiency virus risk among 563 black adolescents. Boys reported higher rates of community violence exposures and gang involvement, while girls reported higher mental health distress. In the presence of multiple risk factors, negative peer norms were the strongest correlate of human immunodeficiency virus risk behaviors.

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Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg Jan 2010

Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg

Faculty Scholarship

This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …

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La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez Jan 2010

La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez

Faculty Scholarship

Many patients clinging to hope in the form of potentially curative treatment could benefit from hospice services, but, for the most part, it is not until the patient accepts the finality of his or her condition that the physical, psychological and social benefits of hospice care become accessible to the patient and his or her family. Under current Medicare regulations and other health care payers’ policies, patients must abandon the hope of curative treatment before opting for hospice services. As a result, many terminally ill patients access the services late, sometimes a few hours before death. Scholars have proposed that …

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Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik Jan 2010

Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this article, we offer our own theory-based methodology for teaching interprofessional collaboration to law students and we present our preliminary data on its effectiveness. Part I explicates the definition and development of interdisciplinary collaboration. Part II describes how we have grounded our course in current theory, and Part III explains the extent to which our efforts have been successful. Finally, in Part IV, we offer additional thoughts regarding the teaching of interdisciplinary collaboration and pose questions and ideas for future data collection.

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The Accidental Elder Law Professor, A. Kimberley Dayton Jan 2010

The Accidental Elder Law Professor, A. Kimberley Dayton

Faculty Scholarship

This Article discusses my somewhat unusual and erratic path to becoming an Elder Law professor. My story, told more or less in chronological order, is a first-person narrative of one woman’s journey to achieve, if not academic renown, then at least personal satisfaction in the realm of the legal academy. It does not aspire to convey ponderous wisdom about the best way to teach Elder Law or the importance of scholarly productivity as a measure of one’s legitimacy. On the contrary, I hope the Article will illustrate that, in the same way the field of Elder Law has grown and …

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Individualized Service Provision In The New Welfare State: Lessons From Special Education In Finland, Charles F. Sabel, Annalee Saxenian, Reijo Miettinen, Peer Hull Kristensen, Jarkko Hautamäki Jan 2010

Individualized Service Provision In The New Welfare State: Lessons From Special Education In Finland, Charles F. Sabel, Annalee Saxenian, Reijo Miettinen, Peer Hull Kristensen, Jarkko Hautamäki

Faculty Scholarship

The essay is four parts. Part 2 sets out the theoretical frame of the argument. It explains briefly why social solidarity increasingly depends on the provision of capacitating or enabling circumstances; why those services must increasingly be adapted to individual needs to be effective; and what is organizationally problematic (from the point of view of current theories of organization) about the success of countries such as Finland, Denmark and the US in delivering these services. It sketches two paths — a Nordic way, building on traditional professions, and a roundabout, US way, re-building broken bureaucracies originally intended as substitutes for …

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The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson Jan 2010

The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson

Faculty Scholarship

In this article, the Director of the Elder Law Clinic at Pennsylvania State University provides insight into the development of Elder Law as a unique discipline by tracking the history and challenges faced by her program as it approaches ten years of operation. A core focus of the Elder Law clinic, beyond practical experience, is to expose its students to the ethical issues confronted in Elder Law practice. Students in the clinic combine classroom discussions with practical experience representing clients, thereby becoming better prepared for their professional futures, while also gaining appreciation for the special concerns of the elderly client. …

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Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn Jan 2010

Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn

Faculty Scholarship

This Article discusses the problematic issues arising from proposed religious exemptions to equal marriage statutes. In the Author's view these exemptions would create the societal framework in which lesbians, bisexuals, and gay men can be refused service in virtually all aspects of life, whether fundamental or mundane—from healthcare to housing, from employment to flower-buying. This would all be accomplished with the express permission of the state. The Author believes that these proposals could permit widespread discrimination on a multitude of protected bases. The proposals appear to have been crafted to seize on cultural and religious anxiety and fears concerning same-sex …

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Scaling Up, Lourdes Hernández-Cordero, Susan P. Sturm, Kathleen Klink, Allan J. Formicola Jan 2010

Scaling Up, Lourdes Hernández-Cordero, Susan P. Sturm, Kathleen Klink, Allan J. Formicola

Faculty Scholarship

Moments of crisis require big, bold ideas. In this chapter we will zoom out of our close examination of the Northern Manhattan Community Voices Collaborative experience to propose ways to scale up the things that worked for us in order to make them applicable at a national level. With this chapter we honor the intent of the W. K. Kellogg Foundation in its support of learning laboratories across the nation. Our goal is to contribute to the collective dialogue on how to improve the health care system. Specifically, we propose that making a healthier nation and reducing health care costs …

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The Confrontation Clause And The Hearsay Rule: What Hearsay Exceptions Are Testimonial?, Paul W. Grimm, Jerome E. Deise, John R. Grimm Jan 2010

The Confrontation Clause And The Hearsay Rule: What Hearsay Exceptions Are Testimonial?, Paul W. Grimm, Jerome E. Deise, John R. Grimm

Faculty Scholarship

No abstract provided.

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Profiling And Consent: Stops, Searches And Seizures After Soto, Jeffrey Fagan, Amanda Geller Jan 2010

Profiling And Consent: Stops, Searches And Seizures After Soto, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

Following Soto v State (1999), New Jersey was among the first states to enter into a comprehensive Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New …

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The Nature Of Social Interaction In Mixed-Income Developments, Mark L. Joseph Nov 2009

The Nature Of Social Interaction In Mixed-Income Developments, Mark L. Joseph

Faculty Scholarship

Tis brief focuses on early social relations in two mixed-income developments, Oakwood Shores and Westhaven Park, that are part of the City of Chicago’s Plan for Transformation. We investigate how diferent residents—relocated public housing residents,2 afordable and market-rate renters, and afordable and market-rate owners—describe and assess their social interactions with their neighbors. We frst discuss three main types of interactions among residents: Casual relations among neighbors; “Instrumental” exchanges of information or favors; Negative interactions. We then explore how these interactions compare to where residents used to live. Finally, we analyze barriers and challenges to interaction.

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Creating And Sustaining Successful Mixed-Income Communities: Conceptualizing The Role Of Schools, Mark L. Joseph, Jessica Feldman Sep 2009

Creating And Sustaining Successful Mixed-Income Communities: Conceptualizing The Role Of Schools, Mark L. Joseph, Jessica Feldman

Faculty Scholarship

This article examines the theory and evidence behind the increased policy and scholarly interest in the role that schools might play in promoting neighborhood revitalization, focuses on the extent to which schools might be a key component in the growing efforts across the country to address urban poverty by creating and sustaining mixed-income neighborhoods, identifies five channels through which investment in high-quality public schools might help facilitate the types of neighborhood- and individual-level outcomes sought through mixed-income development, explores the theoretical arguments behind these pathways, and draws on research to assess the potential value of each. The article concludes that …

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Living In A Mixed-Income Development: Resident Perceptions Of Benefits And Disadvantages, Mark L. Joseph Sep 2009

Living In A Mixed-Income Development: Resident Perceptions Of Benefits And Disadvantages, Mark L. Joseph

Faculty Scholarship

This brief focuses on early resident experiences in two mixed-income developments, Oakwood Shores and Westhaven Park, which are part of the City of Chicago’s Plan for Transformation. We investigate how diferent residents—relocated public housing renters,2 afordable and market-rate renters, and afordable and market-rate owners—perceive the early benefts and disadvantages of living in a mixed-income development. Respondents’ refections about their early experiences in the new mixed-income developments focus on the following four areas: Physical environment and quality of life; Emotional health and stress; Social relations among residents; Financial implications

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Building Community In Mixed Income Developments: Assumptions, Approaches And Early Experiences, Mark L. Joseph Jul 2009

Building Community In Mixed Income Developments: Assumptions, Approaches And Early Experiences, Mark L. Joseph

Faculty Scholarship

As an urban-redevelopment strategy, the goals of mixed-income development are often talked about in terms of building “community”—the shaping of environments, opportunities, and social arrangements that promote healthy neighborhood life, particularly for the low-income people who live there. This article explores the strategies engaged, expectations for, and early responses to efforts to build “community” in three mixed-income developments being built on the footprint of former public housing developments in Chicago. In doing so, it investigates the expectations among residents and stakeholders, distills and explores three major strategic orientations being engaged by developers and their partners, and examines how these strategies …

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Low School Engagement And Sexual Behaviors Among African American Youth: Examining The Influences Of Gender, Peer Norms, And Gang Involvement, Dexter R. Voisin Jul 2009

Low School Engagement And Sexual Behaviors Among African American Youth: Examining The Influences Of Gender, Peer Norms, And Gang Involvement, Dexter R. Voisin

Faculty Scholarship

This research examined whether negative peer influences (i.e., norms favoring risky sex and drug use and gang involvement) mediated the relationship between school engagement (i.e., grade point averages [GPAs] obtained from school records and student-teacher connectedness) and sexual behaviors (i.e., sexual début, sex without condoms, group sex, and sex while using drugs) among African American high school adolescents, and whether these relationships varied by gender. Five hundred sixty-three high school adolescents (ages 13 to 19) completed self-administered questionnaires that assessed school engagement markers, peer influences, sexual début, and risky sex. Major findings for boys indicate that GPA was negatively associated …

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