Digital Commons Network^™

Meta Rights, Charlotte Garden

Faculty Articles

Are individuals entitled to notice of their constitutional rights or assistance in exercising those rights? In most contexts, the answer is no. Yet, there are some important exceptions, in which the Court has held that special circumstances call for notice and procedural protections designed to facilitate rights invocations. This article refers to these entitlements as “meta rights” — rights that protect rights. The most famous of these is the Miranda warning, which notifies suspects of their Fifth Amendment rights to silence and an attorney. There are others as well — among them, the First Amendment right of individuals represented by …

Presumed Incompetent: Continuing The Conversation, Carmen Gonzalez, Angela P. Harris

Faculty Articles

On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …

Impeachment By Unreliable Conviction, Anna Roberts

Faculty Articles

This article offers a new critique of Federal Rule of Evidence 609, which permits impeachment of criminal defendants by means of their prior criminal convictions. The article draws on three aspects of the contemporary criminal justice system to show that in admitting convictions for impeachment courts are wrongly assuming that they are necessarily reliable indicators of relative culpability. First, courts assume that convictions are the product of a fair fight, despite the adversarial collapse revealed by the nature of plea-bargaining, the crisis in public defense, and the data on wrongful convictions; second, courts assume that convictions demonstrate relative culpability, despite …

This Is Your Sword: Does Plaintiff Prior Conviction Evidence Affect Civil Trial Outcomes, Deirdre Bowen, Kathryn Stanchi

Faculty Articles

The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This article suggests that may not always be true. This article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …

A Continuing Plague: Faceless Transactions And The Coincident Rise Of Food Adulteration And Legal Regulation Of Quality, Denis Stearns

Faculty Articles

Over two decades ago, the Jack in the Box E. coli outbreak, in which five victims died, and hundreds more were seriously injured, dramatically changed the way the world looked at food and food safety. Although deemed “trivial” by tort scholars, who nonetheless used legal doctrines first developed in food cases to justify the extension of strict liability to all products, this article uses the Jack in the Box outbreak as a point of departure for exploring not only the relationship between food, being, and knowledge, but to posit that commerce in food, and the inevitability of profit-motivated food adulteration, …

Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara Ainsworth

Faculty Articles

Compensated surrogacy-an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money-intimately affects women. Yet, feminist law reformers have not led efforts to regulate this practice in the United States. Their absence is notable given the significant influence of feminist lawmaking in a host of other areas where women's interests are at stake. This lack of feminist law reform leadership can be understood, however, in light of the complex issues that surrogacy raises-complexity that has long divided feminists. In response to efforts to pass surrogacy legislation in Washington State in 2010, …

“If They Hand You A Paper, You Sign It”: A Call To End The Sterilization Of Women In Prison, Sara Ainsworth, Rachel Roth

Faculty Articles

The context in which the sterilization of incarcerated women takes place is a deeply coercive one. The practice of sterilizing incarcerated women, whether intentionally coerced or not, takes place against a backdrop of mass incarceration and the long and ignominious history of forced and coerced sterilizations directed at poor people and women of color in the United States. Professor Sara Ainsworth and Dr. Rachel Roth explore this backdrop, and the federal sterilization regulations that arose from this history and from women's activism to change it, in Part I. In Part II, they explain how the appallingly bad and often unconstitutional …

Mass Shootings And Mental Health Policy, Jessica Rosenberg

The Journal of Sociology & Social Welfare

Research suggests that mass shootings can increase mental health stigma, reinforce stereotypes that people with mental illness are violent, and influence public policy. This article examines mental health policy initiatives resulting from the mass shootings in Sandy Hook, Connecticut and Aurora, Colorado within the context of existing research about mental illness, suicide, substance abuse and gun violence. Previous legislation that restricts access to firearms among persons with mental illness is reviewed. The article suggests that gun control legislation that focuses on persons with mental illness is not supported by research, may create barriers to treatment, and may have limited efficacy …

Review Of The Latino Threat: Constructing Immigrants, Citizens And The Nation. Leo R. Chavez. Reviewed By Catherine Carballeira., Catherine Carballeira

The Journal of Sociology & Social Welfare

Review of:

Leo R. Chavez, The Latino Threat: Constructing Immigrants, Citizens and the Nation. Stanford University Press (2nd ed.) (2013). $70 (hardcover); $22.95 (paperback).

A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas Antkowiak

Faculty Articles

"The Inter-American Court of Human Rights has now developed a significant jurisprudence on indigenous peoples, far more extensive than the case law of the other regional human rights tribunals. Also, unlike the various United Nations institutions that promote indigenous rights, the Inter-American Court issues binding and detailed judgments. As a result, the Court has become a global leader in the adjudication and redress of indigenous claims. For this reason, this first close and critical examination of the Court’s reparations for indigenous peoples is vital. With respect to non-monetary remedies, the Court has ordered the restitution of communal lands and other …

The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad

Seattle Journal for Social Justice

No abstract provided.

Standarized Testing And Race: A Reply To Professor Subotnik, Harvey Gilmore

Seattle Journal for Social Justice

No abstract provided.

Time On The Cross: A Meditation On Lethal Injection, Robert Johnson, Rachel Ternes

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

"Renounce And Enjoy": The Pursuit Of Happiness Through Gandhi's Simple Living And High Thinking, Nehal A. Patel

Seattle Journal for Social Justice

No abstract provided.

No One Is Disposable: Going Beyond The Trans Military Inclusion Debate, Gabriel Arkles

Seattle Journal for Social Justice

No abstract provided.

Teach Your Children Well: Preventing Domestic Violence, Jane K. Stoever

Seattle Journal for Social Justice

No abstract provided.

Self-Determination, Justice, And A "Peace Process": Irish Nationalism, The Contemporary Colonial Experience, And The Good Friday Agreement, Amy Maguire

Seattle Journal for Social Justice

No abstract provided.

Breaking Barriers To "Breaking The Cycle", Clare Fitzpatrick

Seattle Journal for Social Justice

No abstract provided.

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

The Influence Of Digital Self-Services On Patient’S Experience In A Polyclinic Context: A Framework Construction, Gabriela Labres Mallmann, Marco Plaisier, Johan Versendaal, Pascal Ravesteyn

Journal of International Technology and Information Management

The healthcare sector has done significant investments in technology in order to improve their processes; however there is evidence showing that new technology is not optimally used in certain healthcare settings. In this paper we present a framework to analyse how digital self- service (DSS) can optimize processes and improve patient experience in a polyclinic context. The framework consists of five digital self-service types and seven patient's experience factors, both taken from literature and validated for experts. The framework aims to show the influence of DSS in patient’s experience. The results show a positive impact of self-service diagnosis, treatment and …

The Uncertain Trumpet: Disaster Communications And The Law, Russell V. Randle, Jeffery Reinhardt

Seattle University Law Review Online

Planning for the next disaster is not just a task for first responders. A catastrophic disaster can affect a wide range of industries, such as banking, telecommunications, education, and zoning; and lawyers play a critical role in reducing loss and minimizing liability. By drawing from lessons learned during previous disasters, including terrorist attacks, natural disasters, and environmental catastrophes, Randle and Reinhardt explain the steps lawyers should take to help organizations anticipate problems and create plans to minimize damages.

This Article illustrates how lawyers can help organizations remain in control by maintaining critical communications through multiple system modalities; using those systems …

Roles And Regulations For Pharmacists In State-Level Disaster Relief Efforts, Rachel Lowe

Honors Theses

Objective: The purpose of this study is to determine what expanded roles have been identified for pharmacists by the states in disaster relief efforts, what regulations currently exist for pharmacists in disaster relief efforts in each state, and whether or not disaster relief and public health training should be added to the pharmacy school curriculum. Methods: A cross-sectional, descriptive design was used to survey fifty-three boards of pharmacy via email and Qualtrics Survey Software. Results: Analysis of the survey results showed that most states lack a disaster preparedness plan and expanded roles for pharmacists in disaster relief efforts, and most …

Explaining The Decline In Fertility Rates In Post-War Italy, Susanna Rychlak

Honors Theses

The aim of this thesis is to examine the decline in fertility rate in post-war Italy and identify its causes. Fertility rate in Italy dropped dramatically across 1970-2010 in a stark departure from the nation's previous reproductive patterns. This has led to an increasingly aging population, and holds important implications for Italy's future. This study demonstrates that there has been a meaningful shift in cultural values that has led to fertility decline in Italy since 1970. In order to provide historical context for the importance of this cultural shift, the thesis first presents the Italian culture and familial structure of …

Patriotic Racism: An Investigation Into Judicial Rhetoric And The Continued Legal Divestiture Of Native American Rights, Andrea Wallace

DePaul Journal for Social Justice

No abstract provided.

Beyond The Strait And Narrow: The Import Of Queer Criminology For Criminology And Criminal Justice, Vanessa R. Panfil, Jody Miller

Sociology & Criminal Justice Faculty Publications

[Introduction] In March 2014, as part of its community relations service, the U.S. Department of Justice held a community service training for police officers that focused on developing strategies to better prevent and respond to bias crimes against transgender citizens. While the impetus for the training was recognition that this group is disproportionately affected by hate violence (see NCAVP, 2013), attendees of the training also highlighted the tumultuous relationships transgender individuals have had with law enforcement as another impetus for change. Transgender activists and the DOJ lauded the event as an important step for improved relationships between law enforcement and …

Reading Elena Poniatowska's Leonora In An Undergraduate Seminar, Aurora Camacho De Schmidt

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Description of an Honors literature seminar focused on a selection of texts by prominent Mexican writer Elena Poniatowska, including critical strategies involved in preparation, work required by students, and Poniatowska’s creative strategies in depicting rebellious women and other socially marginalized figures. A special focus on the biographical novel Leonora (2011) illustrates the pedagogical possibilities of this novel, and students’ analytical responses to the reading.

Exploring Disaster Experiences Through Elena Poniatowska's Nada, Nadie: Las Voces Del Temblor, Dawn Slack

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A study of Elena Poniatowska’s Nada, nadie: Las voces del temblor, based on the 1985 Mexico City earthquake, through recent critical theories on trauma and human experience in catastrophic events. This article explores the narrative context of personal and collective response to disasters as well as pedagogical approaches to disaster narration.

About The Artist: Graciela Iturbide

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No abstract provided.

Violent Effects: Domestic Violence And Poetic Subversive Discourses, Roberta Hurtado

Diálogo

Processes of sociosexual geo-racialization consistently render Latinas in the U.S. vulnerable to domestic abuse. Engaging this issue, third space feminists have adapted testimonio as a means for exposing domestic abuse while striving to craft transformative discourses that humanize these women’s experiences of oppression. The dusmic nature of poetry, as defined by Nuyorican poets, lends itself to this task. “Violent Effects” synthesizes poetry’s dusmic nature with third space feminists’ development of testimoniando—or testimonio as an agentic process—to identify how María Luisa Arroyo’s poetry exposes, dignifies and humanizes survivors’ experiences of domestic violence and thereby subverts dehumanization’s violent effects.