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Social Justice Youth Work: Actualizing Youth Rights, Monica Mcdaniel

Journal of Youth Development

This article explores models of prevention/intervention and positive youth development within the context of social justice. Both of these models seek to support young people, but they have vastly different methods and goals. The author argues that these models fall short of effectively supporting youth because they neglect to interrogate how power, privilege and oppressive forces shape a young person's identity and how that young person engages with society. Therefore, a new approach to working with youth is needed: a social justice youth work model. The author proposes this model as a means for youth and adults to work together …

White Paper Of Democratic Criminal Justice, Joshua Kleinfeld, Laura I. Appleman, Richard A. Bierschbach, Kenworthey Bilz, Josh Bowers, John Braithwaite, Robert P. Burns, R. A. Duff, Albert W. Dzur, Thomas F. Geraghty, Adriaan Lanni, Marah Stith Mcleod, Janice Nadler, Anthony O'Rourke, Paul H. Robinson, Jonathan Simon, Jocelyn Simonson, Tom R. Tyler, Ekow N. Yankah

Journal Articles

This white paper is the joint product of nineteen professors of criminal law and procedure who share a common conviction: that the path toward a more just, effective, and reasonable criminal system in the United States is to democratize American criminal justice. In the name of the movement to democratize criminal justice, we herein set forth thirty proposals for democratic criminal justice reform.

"To Help, Not To Hurt": Justice Thomas's Equality Canon, Nicole Stelle Garnett, William S. Consovoy

Journal Articles

To comprehend Justice Thomas’s views on racial equality requires an understanding of how his life experiences influence his approach to questions of race and the law. Recurring themes in his opinions about racial equality include his belief that racial preferences stigmatize their beneficiaries, his concern that the prevailing notion that racial integration is necessary to black achievement is rooted in a presumption of racial inferiority, his worry that affirmative action efforts provide cover for the failure to address the urgent needs of disadvantaged Americans, and his knowledge that seemingly benign policies can mask illicit motives. Finally, Justice Thomas contends that …

Constraining Monitors, Veronica Root

Journal Articles

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether.

The lack of regulation governing monitors is well documented; yet, the academic literature on monitorships to date has largely taken the state of …

Locked Up: Parallel Correctional Officer, Deputy, And Inmate Decision-Making Experiences In County Jails, Mariko Catherine Peshon

Dissertations

Recidivism is a complex phenomenon. Greater than 65 percent of incarcerated adults return to jail within three years. While numerous empirical studies focus on factors that contribute to recidivism, there is limited existing research that examines decision-making as one of these factors. The purpose of this study is to address this gap in the literature and develop an understanding of the influence of decision-making processes on inmates and correctional officers and deputies in the California criminal justice system. An exploratory 2014 pilot study at three California county jails found correctional officers and inmates faced similar challenges related to decision-making as …

Challenging Gender In Single-Sex Spaces: Lessons From A Feminist Softball League, Erin E. Buzuvis

Faculty Scholarship

This Article explores transgender inclusion within adult recreational women’s leagues by using the example of the Mary Vazquez Women’s Softball League (MVWSL), in Northampton, Massachusetts. A MVWSL policy addressing transgender inclusion became necessary due to a noticeable increase in gender-identity diversity. The resultant policy respects the league’s core lesbian constituency by providing individuals with the freedom to acknowledge openly a gender identity that has or is evolving from lesbian to something else, and reflects the league’s founding feminist principles by refusing to define for others the suitability of a women’s community.

The Author demonstrates the successful creation of a policy …

One Day This Kid Will Get Larger, Danny Orendorff

DePaul Art Museum Publications

One day this kid will get larger
Edited by Danny Orendorff
Designed by Charles Ryan Long

Table of Contents
Director’s Forward – Julie Rodrigues Widholm
One day this kid will get larger – Danny Orendorff
Artist Project: Untitled (our fight has just begun) – Rami George
“For My Daughter” – Shan Kelley
“On Borrowed Time – Revisited” – Katja Heinemann
“Reflections On Another Image: Black Teens Coming of Age” – Lenn Keller
Artist Project: A Repetition of Survival – Demian DinéYazhi’
Artist Project: You Came Here – Demian DinéYazhi’

A Judge's Duty To Do Justice: Ensuring The Accused's Right To The Effective Assistance Of Counsel, Peter A. Joy

Scholarship@WashULaw

Every judge has a duty to do justice, which is found not only the oath the judge takes, but also in the Code of Judicial Conduct. The American Bar Association (ABA) Criminal Justice Standards Regarding the Special Functions of the Trial Judge provides more specific guidance including the responsibility to safeguard the rights of the accused and the public’s interest in the fair administration of criminal justice.

I contend that a trial judge needs to be committed to a duty to do justice by ensuring the accused’s right to effective assistance of counsel, especially in light of the excessive caseloads …

Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Kimberly Jade Norwood, Trina Jones

Scholarship@WashULaw

Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …

Aba Standard 405(C): Two Steps Forward And One Step Back For Legal Education, Peter A. Joy

Scholarship@WashULaw

There has long been opposition to guaranteeing that all full-time law faculty have security of position and participation in faculty governance the same as or substantially similar to tenure. ABA Accreditation Standard 405(c), was meant to provide such security of position and faculty governance for clinical faculty, though this standard has not been consistently interpreted to do so. The situation for legal writing faculty is even more precarious, because the standards only require a law school to provide legal writing faculty with the security of position and other rights necessary to attract and retain well-qualified faculty. As a result, most …

United States V. Bryant, Federal Habitual Offender Laws, And The Rights Of Defendants In Tribal Courts: A Better Solution To Domestic Violence Exists, Monique Kreisman

Campbell Law Review

“If you cannot afford an attorney, one will be appointed for you.” Since Miranda v. Arizona, that popularized phrase has widely been regarded as true in the United States. However, because the Bill of Rights does not apply to Native American tribes, defendants in tribal courts are regularly sentenced to imprisonment without the aid of counsel. One of those defendants was Michael Bryant, who has several convictions for domestic assault and was not appointed counsel even though he was indigent and imprisoned.

Domestic assault is a terrible problem in Native American communities. Native American women suffer from domestic violence at …

'What Do I Do With The Porn On My Computer?': How A Lawyer Should Counsel Clients About Physical Evidence, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

This Article critically analyzes the legal and ethical limits of advice a lawyer may give clients about evidence of crimes, and provides examples of that advice in a number of situations involving clients with questions about what they should do with real and electronic evidence. When criminal charges have not been brought and are not expected, how much latitude does a lawyer have in giving advice to a client? When may a lawyer counsel a client to destroy contraband or other evidence of a crime? When a lawyer may not counsel destruction, is a lawyer legally and ethically permitted to …

Loving The Sinner: Evangelical Colleges And Their Lgb Students, Elizabeth J. Hubertz

Scholarship@WashULaw

In his Obergefell dissent, Chief Justice Robert wrote: “Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage.” This article looks at one of those hard questions - the relationship between evangelical colleges and their LGB students.

As religious institutions, evangelical colleges have authority to freely exercise their faith. They exercise this freedom by maintaining sexual conduct codes which prohibit homosexual practice or behavior by their students. Despite the existence of these codes, evangelical colleges have, and most likely always will have, sexual minority students. While …

Rehabilitation In The Punitive State: An Oxymoron? An Examination Of Rehabilitation And Punitive Practices In The United States, Jeri Kirby

Graduate Theses, Dissertations, and Problem Reports (ETD)

The extent and nature of incarceration has changed dramatically over the last 40 years in the United States. From 1980 to 2007, the American incarceration rate increased by 1,100 percent (BJS 2008). Much of this incarceration boom can be linked to the War on Drugs (WOD) and the punitive sentencing policies that developed from it. Understanding these punitive effects on individuals and communities and the challenges of prisoner re-entry requires us to consider the many levels of punishment that play a role in the United States correctional policies. Past research has considered the impact of the WOD policies on many …

Evidence Utility In Forensic Intelligence Models, Jamie S. Spaulding

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forensic intelligence is the accurate, timely, and useful product of logically processing forensic case data for investigation and/or intelligence purposes. The most important facet of any investigation is the decision making process due to significant influence and direction of the downstream investigation. Wrong decisions can lead to an unsolved case or implication of an innocent individual. Accurate decision making can be reinforced by linkages or relationships uncovered within a case. Analysis of evidence can also create a link between cases leading to more effective case closure. Application of forensic intelligence seeks to rectify this problem; more open and fluid communication …

Habitual Intravenous Drug Use And The Connection To Self-Medication In The Missoula County Area, Meaghan Gaul

Undergraduate Theses, Professional Papers, and Capstone Artifacts

According to the National Alliance on Mental Illness (NAMI) about one-third of people living with mental illness in the US also experience substance abuse. It’s becoming apparent that dual diagnosis is common in our nation. The National Institute on Drug Abuse (NIDA) insists that one doesn’t simply cause the other.

The purpose of this study is twofold. First, to examine the relationship between mental illness and intravenous drug use as self-medication among clients visiting the non-profit, Open AID Alliance (OAA), in Missoula, MT. Second, to explore the barriers to seeking mental health care among intravenous drug users who report mental …

Andrea Yates: A Continuing Story About Insanity, Deborah W. Denno

Faculty Scholarship

No abstract provided.

Housing A Homeless Shelter: A Case Study Of Community Deliberation, Amie Thurber

School of Social Work Faculty Publications and Presentations

Among the core competencies of macro practitioners are the skills to design, implement and evaluate conflict resolution processes. Drawing upon theories of deliberative democracy, restorative justice and the Just Practice framework, this paper explores a process of deliberation which engaged 200 community members in the controversial siting of a homeless shelter. This case study is both descriptive and reflective: by offering an in-depth description of the process and a reflection on the guiding values, this paper provides critical insight into best practices in – and limitations of – using deliberation to resolve divisive community issues.

Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Examining The Impact Of Institutional Racism In Black Residentially Segregated Communities, Brandi Blessett, Vanessa Lopez-Littleton

HHS Faculty Publications and Presentations

This article identifies institutional racism as a form of oppression that contributes to the social and economic disadvantaged experienced by Blacks in residentially segregated communities. The authors highlight the existence of social, economic, environmental and political influences as contributors to disparate outcomes experienced in economically disadvantaged black communities. Through the lens of the social determinants of health, inequalities in health, housing, and the criminal justice system are examined as powerful indicators of disparate outcomes for Blacks isolated in segregated communities across the U.S. Specific policy implications are presented to address the context in which disparate outcomes occur.

New Jersey’S Segregated Schools: Trends And Paths Forward, Jongyeon Ee

School of Education Faculty Works

No abstract provided.

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal of Analysis of Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …

Public Use Of Recreational Marijuana: A Legal Landscape Of State Law, Dawn Pepin, Jd, Mph, Aila Hoss, Jd, Gillian L. Schauer, Phd, Mph, Carissa Baker Holmes, Mph

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Voluntary Work Program: Expanding Labor Laws To Protect Detained Immigrant Workers, Seth H. Garfinkel

Case Western Reserve Law Review

No abstract provided.

Conviction, Nullification, And The Limits Of Impeachment As Politics, J. Richard Broughton

Case Western Reserve Law Review

No abstract provided.

Medicine Behind Bars: Regulating And Litigating Prison Healthcare Under State Law Forty Years After Estelle V. Gamble, Holger Sonntag

Case Western Reserve Law Review

No abstract provided.

The Roberts Court And Economic Issues In An Era Of Polarization, J. Mitchell Pickerill, Cornell W. Clayton

Case Western Reserve Law Review

No abstract provided.

Pircnews, Winter 2017, Prevention Innovations Research Center

PIRC Newsletter

No abstract provided.

Social Media As A Recruitment Tool For Isis, Abdullah Almutairi

Masters Essays

ISIS entered public consciousness as a splinter group from Al-Qaida, both of which have been associated with random, unwarranted acts of violence and terror in the post 911 world. ISIS carved out its own “caliphate” hence the name ISIS, the Islamic State of Iraq and Syria destroying both its subject territories cultural treasures and subjugating its people. Americans tend to think of ISIS as having sprung up in a power vacuum in a wave of self-radicalization. News reports featured barbarous acts of barbarism all committed in the name of the self- proclaimed state’s interpretation of Islam. However, behind this incongruous …

Painting Our Conflicts: A Thematic Analysis Study On The Role Of Artists In Peacemaking And Conflict Resolution, Kumail M. Almusaly

Department of Conflict Resolution Studies Theses and Dissertations

Artists have involved with their different styles and approaches to help resolving conflicts all over the world. They help in raising awareness of different conflicts through their activities that engage people with art. The creative elements of the art also help in exploring various means of conflict resolution and problem solving (Lumsden, 1997). This study examines the role of artist in society in the framework of conflict resolution and peacemaking. A qualitative research method is used in this research, which in result provides a better understanding of the work of Middle Eastern artists. The research includes in-depth interviews with two …