Law Commons^™

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …

Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan

New England Journal of Public Policy

Racial conflict in the United States pushes people to positions of argument or avoidance, more or less intensely and for varying lengths of time, depending on external events like the murder of George Floyd. Neither stance produces the conversations required to seek common ground and compromise around racial issues. Argument alone deepens divisions and avoidance leaves them to metastasize in the social body. In an attempt to go beneath these two positions, this article first explains the role and form of interpretation in all conflict and dispute resolution and how it is shaped. Then it examines the concepts and strategies …

The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan

New England Journal of Public Policy

In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …

Getting To Yes: The Makings Of Paid Leave In Massachusetts, Christa Kelleher, Laurie Nsiah-Jefferson, Priyanka Kabir, Lillian Hunter, Cassandra M. Porter, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Considered one of the strongest paid family and medical leave laws in the nation, the paid leave law adopted in Massachusetts in 2018 was notable for the depth and range of robust caregiving supports and protections for workers. But just as notable is how the law came to be. After all, paid leave bills had been filed for years in Massachusetts. Decades in fact. Yet until 2018, there had been limited movement in the legislature to establish a statewide program. What led to the passage of paid leave legislation in Massachusetts with approval from a Republican Governor? What factors influenced …

Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna

New England Journal of Public Policy

This article examines Buddhist extremism in Myanmar. It argues that Buddhist extremism—like other types of religious extremism—is an acute form of fundamentalism. The article begins with a survey of how extremism is usually understood in the theoretical literature, showing that its religious variant is best conceived of as an acute form of fundamentalism. It then fine tunes this understanding, arguing that religious extremism is a fundamentalist belief system that justifies structural violence against relevant out-groups. The article outlines seven core characteristics of the religious extremist culled from the various theoretical approaches to extremism. It employs these seven characteristics to examine …

Seventeen Pieces: Displacement, Misplacement, And Conservation, Yasmin Merali, Kevork Mourad, Manas Ghanem

New England Journal of Public Policy

This article explores the systemic importance of art in the conservation of images, historical reference, and cultural meaning as displaced victims of humanitarian crises make the transition from the land of their birth to a new country with a different history and cultural landscape. In presenting the work of Kevork Mourad, an artist of Armenian descent displaced from Syria, we show the essential, layered interplay of visceral, lived individual experiences and the historic collective memory of real and imagined pasts that survive the destruction of physical artifacts.

Talking About Casino Gambling: Community Voices From Boston Chinatown, Carolyn Wong, Giles Li

Institute for Asian American Studies Publications

This pilot study examined the casino gambling practices of residents and workers in Boston Chinatown. The aim was to learn about the trajectory and life context of individual participants’ gambling activity, including how individual participants describe their motivation, nature and frequency of gambling, and its effects on self and family. The research was conducted by a university based research team in partnership with the Boston Chinatown Neighborhood Center, and with the assistance of the Massachusetts Council on Compulsive Gambling.

The stories told by participants illustrate multiple and overlapping risk factors for problem gambling. Our conceptual approach took into account the …

Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora

New England Journal of Public Policy

The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …

Communicative Justice And Reconciliation In Canada, Alice Neeson

New England Journal of Public Policy

Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …

Resolving Conflict Between Canada’S Indigenous Peoples And The Crown Through Modern Treaties: Yukon Case History, Kirk Cameron

New England Journal of Public Policy

This article presents an example of how modern treaties with Yukon First Nations have created a foundation for co-relational involvement in the direction and control of land and resource management throughout Canada’s subnational region of Yukon, approximately 470,000 square kilometers in size. The modern treaties with eleven of the fourteen Yukon First Nations create assessment and management structures where appointment to these bodies are nominations not only from the territorial and federal governments but from the Yukon First Nations. The rights captured in the treaties are protected under Canada’s supreme law, the Constitution Act, 1982. The treaty relationship has effectively …

Contextualizing Approaches To Indigenous Peoples’ Experiences Of Intractable Conflict, Michele A. Sam

New England Journal of Public Policy

This article contextualizes intractable conflict within the lived experiences and worldviews of an Indigenous person, imbued with academic and scholarly research. The text illustrates how intractable conflict is experienced within the “developed world,” resulting in both freedom and fragmentation. Whether intractable conflict stems from colonial and postcolonial development and influences current Indigenous Peoples’ self-development efforts in Canada, specifically, and possibly across British colonies in general seems to be a new inquiry. The author relates her intergenerational experiences of contact, unpacking research and development in its many forms alongside the characteristics of intractable conflict and related federal Indian and social policy. …

Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola

New England Journal of Public Policy

This article examines international migration from a gender perspective. It asserts that migration can be empowering for women, and at the same time it may exacerbate their vulnerabilities, including abuse and trafficking, particularly when migrants are low skilled or irregular.

Finishing The Job Best Practices For A Diverse Workforce In The Construction Industry V.8 Sept 2018, Susan Moir Scd

Labor Studies Faculty Publication Series

This manual is a work in progress. It is produced by the Policy Group on Tradeswomen’s Issues (PGTI), a regional collaboration of researchers, government agencies, unions, community-based organizations, developers and contractors committed to increasing access for women and people of color to good paying careers in the construction trades. Our goal is to make our shared efforts and experiences helpful to industry leaders who share our commitment. It is based on best practices developed on major projects that came close, met, or exceeded workforce hiring goals. This manual and additional resources are available online at on the PGTI website at …

Foreign Born Latina Earnings And Returns To Education And Experience In The United States, Trevor Mattos

Gastón Institute Publications

The determinants of immigrant earnings have long been a heavily researched topic, beginning with the contributions of Chiswick (1978) and Borjas (1985). The majority of this work focuses on male immigrants. Prior findings provide conflicting results with respect to determinants of native and foreign-born earnings in the U.S. This study, however, focuses on the earnings levels and differential returns to education and experience between native and foreign-born Latina workers in the U.S. using pooled American Community Survey microdata from 2014, 2015, and 2016. The analytical approach borrows from Chiswick’s 1978 paper that utilized cross-sectional regression methods and the human capital …

Communities In Peril: The Dispersion Of Temporary Protected Status Populations Throughout Massachusetts, Phillip Granberry, Trevor Mattos, Lorna Rivera

Gastón Institute Publications

Massachusetts is estimated to have over 12,000 residents with Temporary Protected Status (TPS). TPS is a non-immigrant status granted when a country's nationals in the United States cannot return safely or, in certain circumstances, when the country is unable to handle the return of its nationals adequately. This legal status was instituted as part of the 1990 Immigration Act, which was sponsored by Senator Edward M. Kennedy and signed into law by President George H. W. Bush. TPS beneficiaries are not removable from the United States, can obtain an employment authorization document (EAD), and may be granted travel authorization.

Recently …

The Politics Of Race, Class, And Gentrification In The Atl, Keith Jennings

Trotter Review

Methodologically, the essay uses a multidisciplinary approach to examine gentrification from a race, class, and gender perspective. Within the essay a number of the dynamics directly associated with Atlanta’s political economy and the impact those dynamics are having on issues such as affordable housing, poverty, and Black employment and underemployment are analyzed. While not a central focus of the essay, the changes taking place outside of Atlanta in several counties, as a result of the push and pull effect in the metropolitan region, are briefly discussed.

From Disinvestment To Displacement: Gentrification And Jamaica Plain’S Hyde-Jackson Squares, Jen Douglas

Trotter Review

In this essay, I offer a place-based history of socioeconomic and demographic change in Hyde Square and nearby Jackson Square (henceforth “Hyde-Jackson Squares”). I document the area’s ongoing gentrification and describe the distribution of gentrification pressures. I situate this contemporary process against the socio-spatial patterns carved out by the area’s historical rise as an industrial suburb, its struggle amid decades of disinvestment, and the community efforts that ultimately stabilized the neighborhood. In these sequential transformations is the story of how Latinos and Blacks entered, departed, and have strived to remain in the neighborhood.

“Separatist City”: The Mandela, Massachusetts (Roxbury) Movement And The Politics Of Incorporation, Self-Determination, And Community Control, 1986–1988, Zebulon V. Miletsky, Tomás González

Trotter Review

November 4, 2016, marks 30 years since the historic referendum in which close to 50,000 citizens of Boston living in or near the predominantly Black area of “Greater Roxbury” voted on whether the area should leave Boston and incorporate as a separate municipality to be named in honor of former South African president Nelson and Winnie Mandela, or remain a part of Boston. The new community, what planners called “Greater Roxbury,” would have included wards in much or all of the neighborhoods of Roxbury, Dorchester, Mattapan, Jamaica Plain, the Fenway, the South End, and what was then known as Columbia …

Community Land Trusts: A Powerful Vehicle For Development Without Displacement, May Louie

Trotter Review

In the Great Recession of 2007–2009, Boston’s communities of color were hit hard. A 2009 map of foreclosures looked like a map of the communities of color—Roxbury, Dorchester, and Mattapan. The one island of stability was a section of Roxbury called the Dudley Triangle—home to the community land trust of the Dudley Street Neighborhood Initiative (DSNI).

Originally established to respond to the community’s vision of “development without displacement,” the land trust model was adopted to help residents gain control of land and to use that control to prevent families from being priced out as they organized to improve their neighborhood. …

Introduction: The Gentrification Game, Barbara Lewis

Trotter Review

In real estate talk, there are only three things that matter, and they are location, location, location. The same is true in dispossession, which translates into the freeing up of location so that it can be possessed by others. Another term that has cropped up fairly recently, much in use in the crossover between the twentieth and twenty-first centuries, is gentrification, which has a benign face as well as one that is not so kindly, like the paired tragic and comic masks of classic drama.

In this issue of the Trotter Review, we explore gentrification and its alternate, dispossession, …

Communities Of Opportunity: Pursuing A Housing Policy Agenda To Achieve Equity And Opportunity In The Face Of Post-Recession Challenges, Kalima Rose, Teddy Kỳ-Nam Miller

Trotter Review

Where we live directly impacts our ability to achieve our full potential. Access to good schools, quality jobs, reliable transportation, and healthy food is fundamental to achieving communities of opportunity. Unfortunately, communities of color, and urban black communities in particular, are disproportionately residing in neighborhoods locked out of opportunity, or disproportionately burdened by housing costs —spending over half of their income on housing. In 2015, PolicyLink undertook a research project to understand the changing post-recession housing landscape, to characterize the forces that were undermining housing security for communities of color, and to characterize the policy opportunities that could address the …

Uncovering The Buried Truth In Richmond: Former Confederate Capital Tries To Memorialize Its Shameful History Of Slavery, Howard Manly

Trotter Review

Richmond Mayor Dwight C. Jones had the noblest of intentions.

With Virginia’s capital having a poverty rate of nearly 25 percent, no one blamed Jones, a child of the sixties and preacher by calling, for trying to develop prime riverfront property to generate revenue to create more jobs, better schools, and housing.

But when Jones unveiled a proposal in 2013 that included building a new baseball stadium near one of the city’s historic slave burial grounds in Shockoe Bottom, it was, by all accounts, troubling to historic preservationists and Black community activists. “Shameful” was one of the words most often …

Book Review: Desire And Disaster In New Orleans: Tourism, Race And Historical Memory By Lynnell L. Thomas, Casey Schreiber

Trotter Review

Desire and Disaster in New Orleans: Tourism, Race and Historical Memory, by Lynnell L. Thomas, challenges the racial messages embedded within dominant tourism narratives in New Orleans. From tour guides, to websites, to travel brochures, Thomas extracts and analyzes a variety of messages to document how competing representations of race—desire and disaster—are two frames through which New Orleans tourism narratives represent black culture. Thomas leads readers to question the extent to which alternative tourism narratives can be constructed to more justly address constructions of blackness.

Gentrification As Anti-Local Economic Development: The Case Of Boston, Massachusetts, James Jennings

Trotter Review

Activists and political leaders across the city of Boston are concerned that gentrification in the form of rapidly rising rents in low-income and the poorest areas are contributing to displacement of families and children. Rising home sale prices and an increasing number of development projects are feeding into this concern. There is also a growing wariness about the impact that this scenario can have on small and neighborhood-based businesses and microenterprises whose markets are represented by the kinds of households facing potential displacement. This potential side-effect suggests that gentrification could actually emerge as anti-local economic development in Boston. It can …

Wars Remembered (2003), Shaun O’Connell

New England Journal of Public Policy

O'Connell speaks about his father, among other war veterans, dealing with the effects of the wars they fought in. He explains his father's history from how he enilisted to how he died. He also touches upon other's war experiences and writing about the after effects of them as well.

Reprinted from New England Journal of Public Policy 19, no. 1 (2003), article 3.

Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Reprinted from New England Journal of Public Policy 21, no. 1 (2006), article 9.

'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell

New England Journal of Public Policy

Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way …

Introduction: Appreciating Difference, Barbara Lewis

Trotter Review

Are we a narrative nation, imagined and connected mentally, tied by a common history of disruption if not by contiguous geography? Lorick-Wilmot suggests that the stories we tell offer the basis of mutual understanding across distance and cultures and generations. In a reconfigured mental Diasporic cartography, where is our citadel, our castle (not to be confused with what Europeans named as slave castles of Africa)? The remains and monuments built in this hemisphere by iron will and the drive to change yesterday, uprooting it from the ground of inequality, still stand on the highest hill in northern Haiti, reminding us …

Recent African Immigrants’ Fatherhood Experiences In America: The Changing Role Of Fathers, Zacharia N. Nchinda

Trotter Review

This article examines the lived experiences of recent African immigrant fathers in the United States. It focuses specifically on recent African immigrant fathers with African women as wives and children below the age of 18. Its aim is a better understanding of these fathers’ involvement in the life of their children and the changes immigration has forced upon the fathers. Information for the study emanates from interviews carried out with African immigrant fathers in the Milwaukee area, supplemented by my knowledge of African immigrant communities. The categorization of the data uses a construct established by the mid-1990s DADS Project initiative …