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Annual Report, Fiscal Year 2020, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Producing Justice In Poor People’S Courts: Four Models Of State Legal Actors, Tonya L. Brito

Lewis & Clark Law Review

This Article examines how judges and government attorneys produce justice in poor people’s courts, which are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and an absence or asymmetry of representation. The Article’s findings are drawn from an extensive qualitative empirical study of one type of poor people’s court, specifically family court proceedings where the state is pursuing child support from low- and no-income noncustodial fathers. Focusing on the judges and government lawyers who handle these cases, and drawing from their own accounts as well as on ethnographic in-court observations, I identify four distinct models of state legal …

Osgoode Syllabus Of Courses And Seminars: 2020 - 2021, Office Of Student Services

Syllabi

No abstract provided.

Barriers And Access To Services For Female Victims Of Violence In The Dominican Republic, Catalina Hooper Armenteros

College of Graduate Studies: Theses & Dissertations

Violence against women has presented a challenge for those tasked with addressing crime and victimization. It is a complex phenomenon that exists between the private and public spheres of society affecting nearly all aspects of a victim’s life, as well as those close to them. The Dominican Republic began to address domestic and gender violence in the past few decades, and victim services have emerged in efforts to assist Dominican women and girls escaping abuse. This study reviews the existing literature regarding violence against women and girls, and service provision in global, regional, and national contexts, and analyzes qualitative data …

Of Constitutional Commissions And Expert-Led Interpretation During Processes Of Constitutional Change, De Maartje Visser

Research Collection Yong Pung How School Of Law

In an 1816 letter, Thomas Jefferson expressed himself in favour of including a provision in the constitution that would prescribe its regular upkeep. “[E]ach generation”, the Founding Father wrote, ought to be able to revise the constitu- tion “every nineteen or twenty years”, so it could “be handed on, with periodical repairs, from generation to generation, to the end of time.” As we know, his advice was not heeded: the U.S. Constitution is notoriously difficult to change, with the longest interval between two amendments running to slightly more than six decades. Closer to home, the Singapore Constitution similarly does not …

State-Level Determinants Of Hate Crime Reporting: Examining The Impact Of Structural And Social Movement Influences, Heather L. Scheuerman, Christie L. Parris, Alison H. Faupel, Regina E. Werum

Department of Sociology: Faculty Publications

In this article, we investigate factors affecting hate crime policies by examining anti-LGBT (lesbian, gay, bisexual, transgender) hate crime reports as a type of policy implementation. Analyzing state-level data drawn primarily from the US Census between 1995 and 2008, we examine how structural and social movement mobilization factors explain hate crime reporting. We find that anti-LGBT hate crimes are more likely to be reported in more urbanized states and in states with both split political elites and a greater number of LGBT social movement organizations. We discuss the implications of our findings for separating the drivers of policy passage from …

Rethinking The "Crisis" Of Indigenous Mass Imprisonment, Efrat Arbel

All Faculty Publications

In R v Gladue, the Supreme Court of Canada famously remarked that the incarceration of Indigenous people represents a “crisis.” Since Gladue’s release, the language of “crisis” has been used with frequency in Canadian legal discourse. In this article, I analyze how this language has shaped the broader legal under- standing of Indigenous mass imprisonment. My focus is not on speci c iterations or uses, but on the cumulative impact of the language of “crisis” over the last twenty years. I suggest that however well-meaning these representations may be, their cumulative impact is harmful. In the face of the relentless …

After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz

Articles

In recent years, as the U.S. Immigration and Customs Enforcement Agency's ("ICE') brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed the core injustices that lay at the heart of our current enforcement scheme, and they have proposed specific and thoughtful changes that are both defensible and achievable. However, these changes tend to focus on a negative vision of what we need to eliminate in our current enforcement …

Cyber Pillage, Christopher Greulich, Eric Talbot Jensen

Faculty Scholarship

Despite its historically narrow application under International law, in today’s digital age, usage of the term “pillage” has expanded to include the theft of intellectual property carried out by cyber means. The modern usage notwithstanding, it appears the law of armed conflict still limits liability for pillage to the non-consensual takings of public or private property by members of armed forces and affiliated non-state actors during armed conflict for private or personal use. This article applies the historical perspective to modern cyber activities, including those on and off the battlefield, and clarifies that while many activities do not rise to …

Intimate Partner Violence And Revictimization: Factors Involved In Occurrence And Severity, Dunia Sarwary

Theses and Dissertations

Intimate partner violence (IPV) is a growing, complex, and silent social problem across the United States. Victims of IPV are known to be at a greater risk for revictimization. However, the relationship between revictimization and IPV has not been extensively studied. There have been few attempts to synthesize, compare, and contrast findings regarding the factors involved in IPV victimization and revictimization. This study utilized data from existing research involving 250 females seeking civil legal services from Iowa Legal Aid. The archival data explored the long-term influence of civil legal services on female victims of IPV. This study identified the relationships …

Impact Of Family Separation And Length Of Time Spent In A Detention Center On Latino Immigrants' Trauma, Myranda Alonso

Scripps Senior Theses

With the Trump administration separating families at the border, there are many questions surrounding its impact on Latinos and what effects come from being detained. This study focuses on the impact of length of time spent in a detention center and family separation at the border on Latino immigrants’ trauma. This study looks at 788 Latino adults who were recruited from local nonprofits in major cities like Los Angeles, Houston, and Phoenix and had them answer questions regarding length of time in a detention center, trauma, distress, and hopelessness. The expected results are that immigrants who were separated from their …

Welcome To The Party: Creating A Responsible Third-Party Litigation Finance Industry To Increase Access And Options For Plaintiffs, Christopher Mendez

MC Law Review

No abstract provided.

Impact Of Positive Psychology In Pk-12 Settings, Daniel Paul Butler

Dissertations and Theses @ UNI

Educator burnout is threatening the well-being of society, having a financial impact on the United States, as well as influencing the optimal growth of students and the quality of our educational system. Overexposure to stress while trying to meet countlessdemands can lead to burnout and jeopardizeworkforceretention. Stress, burnout, and teacher attrition have reached alarming levels, threatening quality instructionand subsequent student achievement (Steinhardt et al., 2011). The purpose of this study was to gain an understanding ofthe effect of the Happiness Advantage | Orange Frog positive psychology framework and whether schools that employ these techniques experience a significant difference in their …

Disclosure Of Third-Party Funding In International Arbitration, Victoria Sahani

Faculty Scholarship

Third-party funding has evolved into a ubiquitous “feature of modern litigation” that in some jurisdictions is “an accepted and judicially sanctioned activity perceived to be in the public interest.”529 Similarly, third-party funding has become even more prevalent in international arbitration, particularly considering the high dollar amount of most arbitral awards. In addition, several major arbitration seats have officially embraced third-party funding in international arbitration through legislation or court opinions, including Australia, England, and Wales, most of the states in the United States, Germany, the Netherlands, several provinces in Canada, Singapore, Hong Kong, South Africa, and Nigeria (indirectly).530 Furthermore, there are …

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Faculty Scholarship

This Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly because many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made …

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Patricia E. Salkin, Eileen Kaufman, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Judith Welch Wegner

Scholarly Works

The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Schools and universities have closed throughout much of the country. Businesses have shuttered, and employees are working from home whenever possible. Cities and states are announcing lockdowns in which citizens may leave their homes only for vital errands or exercise.

Medical experts advise that at least some of these restraints will continue for 18 months or more—until a vaccine is developed, tested, and administered widely. It is possible that localities will be able to lift some of these restrictions (such as lockdowns and school closures) intermittently during those …

Diploma Privilege And The Constitution, Patricia E. Salkin, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Meritt, Judith Wegner, Andrea Curcio

Scholarly Works

The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.

State Supreme Courts are …

Rethinking The Impact Of Third-Party Funding On Access To Civil Justice, Victoria Sahani

Faculty Scholarship

Third-party funding indisputably puts a gold-weighted thumb on the scales of justice in favor of funded parties for two main reasons: (1) funded cases already tend to be calculable winners on the merits, and (2) third-party funders seeking a profit generally do not fund cases that are demonstrably likely to lose on the merits. Thus, we are left with both the promising potential for winners to be more likely to win with third-party funding and the alarming realization that not all winners are offered this same chance. This provokes a larger, fundamental question: If funders are picking winners among the …

The Dispute Resolution Movement Needs Good Theories Of Change, John Lande

Journal of Dispute Resolution

No abstract provided.

Designing Online Dispute Resolution, Janet K. Martinez

Journal of Dispute Resolution

No abstract provided.

Taking An Interest In Inmate Trust Accounts, Charlotte Elam

Vanderbilt Law Review

No abstract provided.

In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Law And Policies, Deborah M. Weissman

Faculty Publications

Intimate partner violence (“IPV”) is often exercised as an act of coercion by abusers who engage in strategies to interfere with their partners’ ability to engage productively in the workplace and deny them control over economic resources, that is, to deny them agency. Certainly, awareness of the insidious facets of economic coercion of IPV has expanded in recent years. However, attention to the efficacy of legal and policy responses to the economic consequences of such abuse has not received commensurate attention. Federal and state laws designed to address economic abuse are applied haphazardly if at all. The laws themselves, moreover, …

Building The Aboriginal Conference Settlement Suite: Hope And Realism In Law As A Tool For Social Change, Toby S. Goldbach

All Faculty Publications

In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The “Aboriginal Conference Settlement Suite” epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the circumstances of Indigenous peoples in Canada have not improved. This ongoing commitment to legal solutions is emblematic of mainstream views of law as a problem-solving instrument. Notwithstanding awareness of its failings, law reformers remain dedicated to using law as a tool for social change. Employing a case study method focusing on the new …

How To Make A Dead Armadillo: Consumer Contracts And The Perils Of Compromise, Jeffrey W. Stempel

Scholarly Works

The ALI's proposed Restatement of the Law, Consumer Contracts ("RLCC") has managed to alarm both corporate America and consumer advocates, including half the nation's attorneys general. To some extent, the RLCC is yet another victim of the nation's increasing polarization and the rise of partisanship within the legal profession. But the RLCC suffers from self-inflicted wounds through questionable endorsement of problematic case law on contract formation as well as its goal of a well-intentioned but flawed "Grand Bargain" that arguably seized a middle ground disliked, for different reasons, by both consumer and business advocates. The RL CC stepped into this …

Navigating Technology Competence In Transactional Practice, Lori D. Johnson

Scholarly Works

In 2012, the American Bar Association House of Delegates, based on the work of the ABA Commission on Ethics 20/20, amended the Model Rules of Professional Conduct (Model Rules) to include a new requirement concerning lawyer competence. The obligation, enacted as Comment 8 to existing Model Rule 1.1 (outlining a lawyer's requisite competence) (Rule 1.1), requires lawyers "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." To date, Comment 8 to Rule 1.1 (Comment 8 or the Comment) has been adopted in thirty-eight states, and has begun generating scholarship and …

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Scholarly Works

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

Scholarly Works

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer's identity. However, modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a "lawyer-statesman" or someone who "checks clients at the door" when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real danger …

Doing Unrepresented Status: The Social Construction And Production Of Pro Se Persons, Victor D. Quintanilla

Articles by Maurer Faculty

In this Article, I propose an understanding of the dynamic process through which society does unrepresented status that is informed by psychological and sociological research. In describing this doing of unrepresented status, I elaborate on two new concepts: the social construction of pro se status and the social production of unrepresented persons. These concepts illuminate ways in which the doing of unrepresented status is a routine, recurring feature in how court officials, lawyers, and law-trained persons perceive and interact with unrepresented persons within our civil justice system. That is, a pro se party is not something that an unrepresented person …

Gender-Silent Legislative Drafting In A Non-Binary World, Jessica Vapnek, Donald L. Revell

Faculty Scholarship

No abstract provided.

Lower-Income Tax Planning, Manoj Viswanathan

Faculty Scholarship

Tax planning is generally criticized by scholars as inefficient; that is, imposing welfare-reducing costs by incentivizing transactions with few non-tax economic benefits. This Article argues that this view is unacceptably narrow and makes the original claim that tax planning by lower-income taxpayers is often welfare-enhancing and should, as a normative matter, be encouraged. As such, various parties, including the IRS, law school clinics, legal academics, and tax practitioners should actively strategize to reduce the transaction costs currently hindering lower-income tax planning. This Article then applies that mandate to a specific cohort of lower-income taxpayers- drivers working in the sharing economy-and …