Law Commons^™

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …

Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez

Capstones

People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.

http://intl-clarke.2016.journalism.cuny.edu/2016/12/30/running-for-ayotzinapa-a-fathers-marathon-to-find-his-missing-son/

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Welcome To Dignity, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Pelear Por La Dignidad: La Lucha De Las Mujeres Trabajadoras Sexuales Voluntarias Por Derechos Laborales En Un Clima Estigmatizado Políticamente / To Fight For Dignity: The Fight Of Female Voluntary Sex Workers For Labor Rights In A Politically Stigmatized Climate, Rosalind Jones

Independent Study Project (ISP) Collection

Argentina is a country with a rich history of social movements and popular mobilization. Currently, the issue of women’s equality is highly prevalent in the national and political dialogue. An area that is frequently referenced as a divide in the feminist movement is sex work. Argentina has adopted a series of laws and regulations that have created an ‘abolitionist’ political atmosphere, outlawing the sexual exploitation of individuals and persecuting ‘pimps’, per se. The politics surrounding sex work, on paper, are meant to eliminate human trafficking rings and lower the amount of victims exploited through trafficking. However, the application of the …

Criminal Backgrounds Of Sex Traffickers - Abstract, Alexis Piccirillo, Amelia Davis, Emily Markey, Donna M. Hughes Dr.

Donna M. Hughes

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr.

Donna M. Hughes

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill

Class, Race and Corporate Power

This article engages with Marx in Miami and the strategies and pedagogical experiences of teaching Marx and Marxism. It relates the experience of teaching Marxism in a compulsory law course at the Gold Coast, Australia. Marx rarely makes an appearance in law schools and this poses particular challenges when it is taught to politically conservative students. Therefore the article supplies a case for teaching Marx arguing why it is not just appropriate for lawyers but irresponsible to exclude it.

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

David Watkins

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

Torch (April 2016), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

¿El Derecho A Una Vida Sin Discriminación?: Un Análisis De Las Representaciones Discriminatorias Sobre Los Migrantes Bolivianos Por Parte De Los Residentes Argentinos En El Barrio Porteño De Flores, Kelly Johnson

Independent Study Project (ISP) Collection

Argentina has always been a country where migration has influenced the nation’s identity. Although migration from bordering countries towards Argentina is a phenomenon that dates back to the beginnings of the nation, since the 1990s this migratory phenomenon has been the most visible in the country, especially migration from Bolivia. The visibilization of these migrants, who do not always share the characteristics of the hegemonic Argentine (the figure of the son of white European immigrants), caused in the 1990s a surge of discrimination and social rejection. Combined with the continued existence of the restrictive “Videla Law,” a migratory law from …

The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu

Independent Study Project (ISP) Collection

China is currently undergoing one of the largest domestic migration movements in its history, as hundreds of millions of its citizens move out of their countryside homes into urban areas to seek work in the wake of the nation’s rapid globalization. This paper examines the lives of these migrants – how much agency they have over their decisions and their destinies while simultaneously subject to overarching controls set onto them by economic circumstance, government laws, and cultural traditions. It explores how they subvert tradition and former government policies by leaving home, and how they respond when confronted with discrimination in …

Torch (February 2016), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit

Articles

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.

Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. This is because data sources vary in the specific target groups that can be described. Please refer to each chapter for the disability definition used in that chapter. We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. …

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

All Faculty Scholarship

This Article examines the role military automated surveillance and intelligence systems and techniques have supported a self-reinforcing racial bias when used by civilian police departments to enhance predictive policing programs. I will focus on two facets of this problem. First, my research will take an inside-out perspective, studying the role played by advanced military technologies and methods within civilian police departments, and how they have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools, and which automates de facto penalization and …

Health And Taxes: Hospitals, Community Health And The Irs, Mary Crossley

Articles

The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then to develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption, and the CHNA requirement has the potential both to prompt a radical change in hospitals’ relationship to their communities and to enlist hospitals as meaningful contributors to community …

Black Health Matters: Disparities, Community Health, And Interest Convergence, Mary Crossley

Articles

Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories, with only limited progress in narrowing the health gap between whites and racial and ethnic minorities. The implementation of the Affordable Care Act (ACA) and the movement toward value-based payment methods for health care may supply a new avenue for addressing disparities. This Article argues that the ACA’s requirement that tax-exempt …

Moral Judgments, Expressive Functions, And Bias In Immigration Law, Emily Ryo

Emily Ryo

In a lucid and trenchant style characteristic of Professor Hiroshi Motomura’s writing, Immigration Outside the Law offers rich descriptive and prescriptive analyses of three major themes underlying debates about unauthorized migration: the meaning of unlawful presence, state and local involvement in the regulation of unauthorized migration, and the integration of unauthorized migrants into American society. This review advances several ideas that I argue are important to understanding these key themes. In brief, I suggest that a more comprehensive understanding of public debates about unauthorized migration requires examining lay moral judgments about unlawful presence, the expressive functions of immigration law, and …

Detained: A Study Of Immigration Bond Hearings, Emily Ryo

Emily Ryo