Digital Commons Network^™

Annual Security Report For Calendar Year 2021, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Caregiver Experience Of Voice And Choice In Wraparound Systems Of Care, Kathryn O'Neil

Antioch University Dissertations & Theses

The following is a qualitative study of the caregiver’s experience of having voice and choice in the New Hampshire wraparound program, conducted through Keene State College’s Behavioral Health Improvement Institute (BHII). Wraparound systems of care emphasize the family’s role in directing the generation of a network of supports for intervening with a youth with Severe Emotional Disturbances (SED). Indeed, caregiver voice and choice are key principles of this service delivery model. There are many established benefits to encouraging family involvement in systems of care, but little research to date on the subjective caregiver experience. A review of literature covers the …

It Takes Two: Professional Interconnections And Potential Collaborations Between Small-Town Family Attorneys And Couple/Family Therapists, Wendy Lenk Mcclary

Antioch University Dissertations & Theses

Attorneys who specialize in family practice may experience significant rates of mood disorders and substance reliance. Law schools typically do not provide supportive coursework or mentoring to help students learn to manage their feelings and those of crisis-impacted clients. Lawyers may well consider that understanding emotional needs and providing emotional support does not fall within their codes of practice. Societal stigma may prevent family attorneys and their clients from seeking therapy. Small-town attorneys may be particularly vulnerable to professional stress and safety concerns. The purpose of this study was to explore and understand the lived experiences of family attorneys practicing …

The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser

Research outputs 2022 to 2026

The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable presumption of an invalidating tendency’. Dixon J’s formulation was essentially adopted by the majority justices in Garcia v National Australia Bank and their judgment thus represents the definitive endorsement of Dixon J’s view. Kirby
J on the other hand rejected ‘the stereotype underlying Yerkey’, which he …

Summary Of Cannabis Use Among Aboriginal And Torres Strait Islander People, Australian Indigenous Healthinfonet

Research outputs 2022 to 2026

This Summary is based on the Review of cannabis use among Aboriginal and Torres Strait Islander people. The review summarises the evidence from journal publications, government reports, national data collections and national surveys accessed through the HealthInfoNet’s database of publications. Please note that statistics presented do not always include all states and territories, see sources for details. ...

An Analysis Of Military Service Academies Sexual Harassment And Sexual Assault Through Reports, Research, And Media Coverage, Lisa “Tana” Youn Kyung Sharp

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Military Sexual Trauma (MST) at the United States Military Services Academies (MSA) remains at a concerning rate despite the MSAs’ proactive educational steps towards addressing this issue. One of the most influential factors is the very culture of the MSAs. This paper analyzes publicly-accessible governmental research and reports, peer reviewed articles, a legal publication, and media coverage. The analysis shows that there remain significant barriers to change which continue to play a role in the high frequency of MST. These barriers are low rates of accountability, difficulty in access to cadets/midshipmen by outside researchers, and the overall MSA cultural trends …

2021-2022 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Libraries & Legal Research: Resources For Technological Competency, Virginia Neisler

Law Librarian Scholarship

At the time this article was written, Michigan was one of 39 states that included understanding relevant technologies as a part of the duty of attorney competence. In 2019, the Michigan Supreme Court formally adopted a new comment to MRPC 1.1. With respect to competence as covered under this rule, their comment made explicit that all Michigan attorneys should “engage in continuing study and education, including the knowledge and skills regarding existing and developing technology that are reasonably necessary to provide competent representation for the client in a particular matter” [emphasis added].

In February 2020, the State Bar of Michigan …

The Merits Of Merit: The Tyranny Of Merit: What's Become Of The Common Good? Book Review, Neil Fulton

South Dakota Law Review

No abstract provided.

Osgoode Syllabus Of Courses And Seminars: 2022 - 2023, Office Of Student Services

Syllabi

No abstract provided.

Are Tents A 'Home'? Extending Section 8 Privacy Rights For The Precariously Housed, Sarah Ferencz, Alexandra Flynn, Nicholas Blomley, Marie-Eve Sylvestre

All Faculty Publications

The home, for most of us, is an obvious zone to assert privacy and property rights. However, this is not the case for those whose control of residential space is precarious. Our paper focuses on privacy rights under the Canadian constitution for those living in tents and, specifically, the judicial rejection of a tent as a home garnering legal protection under the Charter of Rights and Freedoms. We focus on a 2018 case from British Columbia, R. v. Picard, the only judicial decision that we could locate that has explored this question. In holding that the tent is …

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic—there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Contractual Evolution, Matthew C. Jennejohn, Eric Talley

Faculty Scholarship

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …

Innovation In A Time Of Crisis: The Utah Supreme Court's Order On Emergency Diploma Privilege, Catherine Bramble

Faculty Scholarship

This article discusses the Utah Supreme Court's order on emergency diploma privilege during the COVID-19 pandemic.

Presumed Unfit: The Dual Bind Faced By Pregnant And Parenting Youth In Foster Care, Kara R. Finck

American University Law Review

Pregnant and parenting youth in foster care are subject to a range of laws, policies, and practices that expose the realities of a child welfare system structured to focus on surveillance instead of support and family regulation instead of family integrity. Informed by my experience representing foster youth who become parents, this Article considers how youth in care are presumed unfit to parent their children because of a history in foster care and their age. A youth’s status as pregnant or parenting is weaponized to subject them to additional scrutiny, threats, and a shifting burden to justify their fundamental right …

Human Trafficking Of People With A Disability: An Analysis Of State And Federal Cases, Andrea Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

The current academic discourse examining human trafficking is lacking in focus on survivors with a disability. The increased likelihood of abuse experienced by people with a disability is well documented in the research literature, and a small body of research indicates heightened sex trafficking victimization of minor girls with a disability. Yet, very little research specifically examines sex and/or labor trafficking of people with a disability, and no systematic research analyzes prosecuted cases of trafficking with disability as the focal point of analysis. Drawing from a content analysis of 18 federal and 17 state cases of human trafficking, the current …

First Destination Survey 2022: For Degrees Awarded December 2021-August 2022, Hart Career Center, Illinois Wesleyan University

First Destination Survey

[from the email sent by Warren Kistner]

The Hart Career Center is responsible for producing an annual First Destination (graduate) survey that tracks the post-graduate activity of our students within a six-month window of commencement. Following this collection period, we work to produce a report that provides our university community with vital information about the success of our graduates and allows us to address questions posed by prospective students and families. I am pleased to share our report for the class of 2022. Based on data obtained for 88.1% of our graduates, 97.3% are either employed or in graduate/professional school …

Can You Be A Legal Ethics Scholar And Have Guts?, Cynthia Godsoe, Abbe Smith, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Recent efforts to hold lawyers accountable for their actions-including lawyers who sought to overturn the 2020 Presidential election based on false evidence,and New York City prosecutors who have committed serious misconduct-failed to draw a significant number of legal ethics scholars. The authors of this Essay are troubled by this. We understand why practicing lawyers might be reluctant to join such an effort; calling out other lawyers inpositions of power can be had for clients. But it is less understandable when it comes to law professors who, except for those who teach in law clinics or otherwise engage in law practice, …

Expanding The Federal Work Product Doctrine To Unrepresented Litigants, Jennifer A. Gundlach, Zeus Smith

Hofstra Law Faculty Scholarship

Clerk' offices in federal courthouses across the country designate individuals who do not have counsel as "pro se," a term that comes from the Latin inpropria persona meaning 'for oneself " The term is ambiguous as to the reasons why individuals appear without counsel. While some may purposefully choose not to hire a lawyer, for many it is not a choice.

Access to justice in federal courts requires not just entry into the courts for all litigants, but also fair treatment during the course of litigation. Unfortunately, all unrepresented individuals face disadvantages in federal courts. They are, for the most …

Lessons Learned From Undocumented Latinx Immigrants: How To Build Resilience And Overcome Distress In The Face Of Adversity, Luz M. Garcini, German Cadenas, Melanie M. Domenech Rodriguez, Alfonso Mercado, Liliana Campos, Cristina Abraham, Michelle Silva, Manuel Paris

Psychological Science Faculty Publications

Living under chronic uncertainty, fear, and isolation is the experience of many undocumented immigrants particularly under the recent sociopolitical climate. Yet, despite facing chronic adversity and an uncertain future, undocumented immigrants are highly resilient. This paper draws upon the clinical and research expertise of leading Latinx psychologists working with diverse undocumented communities across the United States. Qualitative data from seven focus groups with undocumented Latinxs and 15 in-depth interviews with key informants were used to complement clinical insights to identify and highlight strategies of undocumented Latinxs that promote their resilience. Overall, six primary strategies emerged including cognitive reframing, behavioral adaptability, …

Misdemeanor And Felony Diversion Program Success, Nicole M. Teske

All-Inclusive List of Electronic Theses and Dissertations

Previous research has demonstrated that individuals who commit crimes and have mental health concerns tend to do worse while incarcerated. For this reason, mental health diversion programs were created. These programs provide individuals with the necessary treatment and resources so they can be more successful living in the community. These programs often differ in terms of program requirements, and the impact of offender variables on outcomes are often inconsistent. The current study examined two mental health diversion programs in a rural community to examine the relation between offender gender, mental health diagnosis, and charge level in predicting program success and …

Preliminary Damages, Gideon Parchomovsky, Alex Stein

Vanderbilt Law Review

Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well-off. In this Essay, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the errant path of the law: preliminary damages. The unavailability of preliminary damages has dire implications for poor plaintiffs, especially those wronged by affluent individuals and corporations. Resource-constrained plaintiffs cannot afford prolonged litigation on account of their limited financial means. Consequently, they are forced to either forego suing …

Preserving The Relationship: Addressing The Covid Eviction Crisis Through Equitable Mediation, Cade Jones

Journal of Dispute Resolution

Not only has the coronavirus pandemic (“COVID-19”) has taken many lives, another substantial side effect are that many Americans are at risk of eviction because of the current COVID-19 pandemic. Since the pandemic began, more than 20 million renters have suffered job loss because of COVID-19. One particular aspect of daily life the pandemic has impacted is landlord-tenant relationships because tenants cannot make rent payments to the landlord which then leads to a landlord filing for bankruptcy. With tenants not making rent payments due to job loss, it has produced a detriment with landlord-tenant relationships that could produce a ripple …

Life In Mossville, Louisiana: Policy Implications Of Toxic Waste Exposure And Environmental Racism, Clare Kelsey

Theses

Environmental damage disproportionately affects communities of color. Understanding how environmental racism uniquely affects marginalized communities is crucial to effectively develop public policies that will address the systematic racism that is rooted in many existing policies and practices. The town of Mossville, Louisiana provides a case study of a Black town that experienced devastating environmental pollution as well as displacement from the oil and petrochemical industries in the region (Rogers, 2015), with few residents still in the area. This thesis presents a qualitative study utilizing peer-reviewed literature, secondary sources, and life narratives of Mossville residents. These oral histories serve to amplify …

Saying The Quiet Parts Out Loud: Teaching Students How Law School Works, Alexa Z. Chew, Rachel Gurvich

Faculty Publications

The summer of 2020 was an inflection point for legal education’s relationship with racial and other inequities. After Minneapolis police murdered George Floyd, faculty, administrators, and students spoke out with increased urgency about the need to address race in law school curricula. For example, professors sought to give race context to cases found in law school casebooks by not presenting judicial opinions as neutral statements of the law. Many law schools, including our own, formally (re)dedicated themselves to helping students recognize and analyze structural inequalities and how the law perpetuates them.

Law schools focused on what their faculty and graduates …

Eviction Courts, Kathryn A. Sabbeth

Faculty Publications

This Article examines the legal mechanics of the courts that issue eviction orders. It analyzes these courts in the context of the COVID-19 pandemic and the federal eviction moratoria. The eviction phenomenon preceded the pandemic, but the pandemic exaggerated many of its features. How the eviction courts responded to the eviction moratoria reveals a great deal about how these fora have been functioning all along. While the eviction moratoria were important, the design of eviction courts limited their impact.

The Article identifies ten groups of laws that structure critical design features of eviction courts: (1) filing fee statutes that make …

Access To A.I. Justice: Avoiding An Inequitable Two-Tiered System Of Legal Services, Drew Simshaw

Scholarly Works

Artificial intelligence (AI) has been heralded for its potential to help close the access to justice gap. It can increase efficiencies, democratize access to legal information, and help consumers solve their own legal problems or connect them with licensed professionals who can. But some fear that increased reliance on AI will lead to one or more two-tiered systems: the poor might be stuck with inferior AI-driven assistance; only expensive law firms might be able to effectively harness legal AI; or, AI's impact might not disrupt the status quo where only some can afford any type of legal assistance. The realization …

A Deeper Dive Into Nautilus: Differentiating Insurer Efforts To Recover Defense Costs And Assessing Recoupment In The Wake Of The Ali Restatement, Jeffrey W. Stempel

Scholarly Works

Insurers and Policyholder have for decades contested whether the typical general liability policy requires policyholders to reimburse insurers for defense costs where a claim is ultimately held not to be one for which a defense is required. Although a slight majority of decisions favors insurers, the recent trend has favored policyholders, as reflected in §21 of the American Law Institute Restatement of the Law, Liability Insurance (“RLLI”), one of several contested portions of the RLLI. In Nautilus Insurance v. Access Medical, the Nevada Supreme Court provided the most extensive post-RLLI analysis of the dispute, ruling in favor of the …

Creating A Collaborative Trauma-Informed Interdisciplinary Citywide Victim Services Model Focused On Health Care For Survivors Of Human Trafficking, Juhi Jain, Mackenzie Bennett, Mark D Bailey, Daniel Liaou, Sheri-Ann O Kaltiso, Jordan Greenbaum, Kimberly Williams, Mollie R Gordon, Melissa I M Torres, Phuong T Nguyen, John H Coverdale, Victor Williams, Cayla Hari, Samantha Rodriguez, Temilola Salami, Jonell E Potter

Center for Medical Ethics and Health Policy Staff Publications

Although human trafficking is recognized as a public health issue, research on the health effects of human trafficking and best intervention practices is limited. We describe 2 citywide collaborative victim services models, the THRIVE (Trafficking, Healthcare, Resources, and Interdisciplinary Victim Services and Education) Clinic at the University of Miami and Jackson Health System in Miami, Florida, and the Greater Houston Area Pathways for Advocacy-based, Trauma-Informed Healthcare (PATH) Collaborative at Baylor College of Medicine, CommonSpirit Health, and San Jose Clinic in Houston, Texas, funded in part by the Office for Victims of Crime, which focus on trauma-informed health care delivery for …

Facts Versus Discretion: The Debate Over Immigration Adjudication, Jayanth K. Krishnan

Articles by Maurer Faculty

Justice Amy Coney Barrett recently issued her first majority-led immigration opinion in Patel v. Garland (2022). As background, some immigrants looking to avoid deportation may apply for what is called “discretionary relief’ (e.g., asylum or adjustment of status) initially in an immigration court and then, if they lose, at the Board of Immigration Appeals (BIA). These immigration forums fall under the Department of Justice. Prior to Patel, immigrants who lost at the BIA could then ask a federal circuit court to review the factual findings of their case. Now, after Justice Barrett’s decision, Article III review is no longer available …