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The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger Mar 2019

The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger

University of the District of Columbia Law Review

Low-income tenants in the U.S. have weak bargaining power as well as limited housing and mobility options in the housing market. With no enforceable "right to housing," tenants are stuck-quite literally in the case of uninhabitable property - in unsafe and unhealthy living conditions. Poverty and economic instability make it challenging for tenants either to leave or to force repairs to substandard rental units. The author completed an empirical study of eviction cases in New Orleans in order to quantify the problem of evictions, learn more about where evictions occur throughout the municipality, and better understand who is evicted. The …


Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell Jan 2018

Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell

Journal Articles

No abstract provided.


Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin Oct 2017

Testimony Of Marcy Karin. The Committee Of The Whole. October 10, 2017, Marcy L. Karin

D.C. Council Testimony

No abstract provided.


Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin Oct 2017

Sampling Of Employment Retaliation Cases Against Colleges And Universities In The District Of Columbia. Supplemental Testimony By Marcy Karin And Grace Emery For October 10, 2017 Committee Of The Whole Hearing, Marcy L. Karin

D.C. Council Testimony

No abstract provided.


Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts Mar 2016

Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts

University of the District of Columbia Law Review

On June 29th, 2015, the Supreme Court agreed to once again hear oral arguments in Fisher. This decision is troubling to supporters of Affirmative Action policies because of the Court's indistinguishable motivation for hearing the case a second time. This Note argues that theCourt must continue to allow race-based considerations in higher education admissions policies. Part I takes a look at the beginnings of affirmative action and the effects of past discrimination on the educational attainment of minorities. Part II charts the case law related to affirmative action in higher education. Part III tracks how the meaning of narrowly-tailored has …


Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller Mar 2016

Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller

University of the District of Columbia Law Review

Article I, Section 8 of the U.S. Constitution authorizes the U.S.Congress to establish a federal capital and "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District."' For this reason, Congress has exclusive jurisdiction over the District ofColumbia ("District"), which has neither statehood nor voting representation in Congress. In 1973, Congress enacted the District of Columbia Home Rule Act,which delegated some measure of local self-governance to the District.2Since 1973, District residents have elected their own mayor and city council. Council legislation, however, is still subject to review by Congress, which also approves the annual budget for the District.


The Social Maladjustment Exclusion: Leaving A Category Of Students Behind And The Problem With State And Judicial Interpretation Of Congressional Intent, Carolyn Mason Mar 2016

The Social Maladjustment Exclusion: Leaving A Category Of Students Behind And The Problem With State And Judicial Interpretation Of Congressional Intent, Carolyn Mason

University of the District of Columbia Law Review

Since its inception in 1975, controversy surrounding the Social Maladjustment Exclusion has plagued its understnding. This paper delves deeper into the controversy and explores jurisdictional and nationwide patterns in the judicial interpretation of the social maladjustment exclusion. This analysis further demonstrates how the evolving interpretation of social maladjustment is out of touch with the needs of vulnerable youth in our schools and society, and may be based, in large measure, on a small group of non-representative plaintiffs.


Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman Mar 2015

Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman

University of the District of Columbia Law Review

This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …


Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross Mar 2015

Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross

University of the District of Columbia Law Review

The statute governing civil protection orders in the District of Columbia is the Intrafamily Offenses Act,1 which has been in effect since 1970.2 This statute has been amended frequently over the past 45 years. While some of these changes have been clerical3 or procedural,4 there have also been substantive amendments which, inter alia,significantly expand both who may file for a protection order and what remedies that petitioner may request and receive. Yet this expansion has coincided with an intense scaling back by the judiciary of who can prosecute alleged violations of protection orders. While the statute continues to enable more …


Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague Mar 2015

Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague

University of the District of Columbia Law Review

Fifty years into the War on Poverty, the ability to fully participate in American economic life is predicated on access to basic financial services and mechanisms; yet, public programs designed to support the economic advancement of people in poverty often explicitly excludeinte nded beneficiaries from meaningful engagement with financial institutions. To promote economic opportunity for families accessing public assistance, we need policy reforms that both remove access barriers and create entry points to the financial mainstream. Safe and affordable financial products are foundational to financial inclusion. Unbanked and "underbanked" households-the vast majority of which are low-income---often rely on high-cost credit, …


Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell Mar 2015

Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell

University of the District of Columbia Law Review

Over the last decade, the District's child support law has changed in three significant ways: (1) by the enactment of a statute that requires sentencing judges to notify obligors of their right to modify or suspend their child support order during incarceration; (2) by the passage of a law that requires the District of Columbia government to distribute up to the first $150 of child support collected each month to custodial parents who receive Temporary Assistance for Needy Families(TANF); and (3) by substantial revisions to how child support orders are calculated under the District's Child Support Guideline (the Guideline).1 These …


The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein Mar 2015

The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein

University of the District of Columbia Law Review

Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …


Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh Mar 2015

Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh

University of the District of Columbia Law Review

For centuries, courts have dealt with the challenge of imposing penalties for crimes when governing law changes. Applying the new provisions can be a straightforward exercise for courts, but when legislatures are ambiguous with regard to which law applies-forexample, to pending cases-the courts are forced to interpret what legislatures intended. For some judges, the answer is easily found in the plain meaning of the text. For others, legislative intent can become the deciding factor. Throughout United States history, this has been a manageable yet controversial task, but aside from interpretive differences among judges, creating laws with uncertainty is a dangerous …


Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman Mar 2015

Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman

University of the District of Columbia Law Review

Congress enacted, and President Ford signed, the Education for All Handicapped Children Act (EAHCA) in 1975 to ensure that children with disabilities had access to a free appropriate public education. As the Supreme Court emphasized in Smith v. Robinson:[T]he Act establishes an enforceable substantive right to a free appropriate public education. See Board of Education of Hendrick Hudson Central School Dist. v.Rowley, 458 U.S. 176, (1982). See also 121 Cong. Rec.37417 (1975) (statement of Sen. Schweiker: "It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. [The …


Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore Mar 2014

Gideon Is My Co-Pilot: The Promise Of Civil Right To Counsel Pilot Programs, Clare Pastore

University of the District of Columbia Law Review

In recent years, access to justice and civil right to counsel advocates have taken a strong interest in pilot programs to test the cost and effectiveness of increasing the availability of counsel to low-income civil litigants. An eighteen-month privately-funded housing counsel pilot in two Boston courts has recently concluded and a new housing pilot is about to begin in three different Massachusetts courts. Pilots are also ongoing or in late stages of development in several other states. The most ambitious pilot program to date is the multi-year, multi-county pilot project underway in California pursuant to the Sargent Shriver Civil Counsel …


The Kingpin Act Vs. California's Compassionate Use Act: The Dubious Battle Between State And Federal Drug Laws, Sumeet H. Chugani, Xingjian Zhao Sep 2011

The Kingpin Act Vs. California's Compassionate Use Act: The Dubious Battle Between State And Federal Drug Laws, Sumeet H. Chugani, Xingjian Zhao

University of the District of Columbia Law Review

No abstract provided.


The Politics Of Exclusion In California's Marijuana Reform Movement, Brooke Mascagni Sep 2011

The Politics Of Exclusion In California's Marijuana Reform Movement, Brooke Mascagni

University of the District of Columbia Law Review

No abstract provided.


A Decade After Drug Decriminalization: What Can The United States Learn From The Portuguese Model?, Jordan Blair Woods Sep 2011

A Decade After Drug Decriminalization: What Can The United States Learn From The Portuguese Model?, Jordan Blair Woods

University of the District of Columbia Law Review

No abstract provided.


Rise Of The Pills, Ken Lammers Jr. Sep 2011

Rise Of The Pills, Ken Lammers Jr.

University of the District of Columbia Law Review

No abstract provided.


Again And Again We Suffer: The Poor And The Endurance Of The "War On Drugs", Brian Gilmore Sep 2011

Again And Again We Suffer: The Poor And The Endurance Of The "War On Drugs", Brian Gilmore

University of the District of Columbia Law Review

No abstract provided.


Breaking Free From Insanity: A White-Collar Crime Approach To Drug War Policy, Brian Harrison Sep 2011

Breaking Free From Insanity: A White-Collar Crime Approach To Drug War Policy, Brian Harrison

University of the District of Columbia Law Review

Preventing crime should be a top priority for law enforcement. A victim of crime would readily agree that never having been a victim at all is preferable to suffering at the hands of a criminal. Even if the criminal is later caught and punished, a victim remains a victim. Despite this simple truth, current drug policy does not place a top priority preventing the laundering of drug-tainted money. As a result, the United States remains a victim in the War on Drugs.' As will be discussed, the crime of money laundering can be prevented in many instances by prosecuting banks …


What Would It Look Like If We Cared About Narcotics Trafficking? An Argument To Attack Narcotics Capital Rather Than Labor, Mark Osler Sep 2011

What Would It Look Like If We Cared About Narcotics Trafficking? An Argument To Attack Narcotics Capital Rather Than Labor, Mark Osler

University of the District of Columbia Law Review

Law enforcement actions should be judged by a simple measure: are they solving a problem? After all, we Americans loathe the loss of freedom and the spending of tax dollars, and we should never take away citizens' freedom and money unless there actually is a problem being solved. Illegal narcotics are a problem, but we aren't solving it. Narcotics trafficking and use lead to violence, undermine productivity,' and rip apart the social fabric of families and communities. Despite much attention to these issues, drug use in this country continues at high levels, even among children.2 We have failed, and it …


No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros Jan 2010

No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros

Journal Articles

As a result of the No Child Left Behind Act (NCLB), schools place a great emphasis on standardized testing. Students at risk of failure are identified for additional instruction. This is aligned with the adequacy (versus equity) framework of school finance litigation, which seeks to bring the bottom up to a certain minimum level. Under the adequacy ideology, the focus is on achieving a minimum threshold of proficiency. In low performing schools where a high percentage of students are at risk of failing the test, a focus on the minimum creates disincentives to work with students performing at or above …


The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner Mar 2009

The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud And Corruption, Wayne Turner

University of the District of Columbia Law Review

This comment focuses on the False Claims Act and its increasing potential to bring greater accountability to government programs designed to serve disadvantaged opulations. Citizen avengers play an increasing role in seeking retribution against grafters because existing safeguards built into government contracting and procurement often fail to ensure that taxpayer dollars are spent efficiently. The False Claims Act, the citizens' tool against fraud, is contrasted with the Inspectors General, the federal government's principle means of investigating, auditing, and prosecuting fraud in federal agencies and programs.


Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin Jan 2009

Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin

Journal Articles

No abstract provided.


The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal Jan 2009

The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal

Journal Articles

The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …


Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin Jan 2009

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin

Journal Articles

Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …


Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell Jan 2002

Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell

Journal Articles

When the lives of Kendra Webdale and Andrew Goldstein crossed paths in a New York City subway on January 3, 1999, no one could have predicted the tragic results of their brief encounter, nor the political and legal aftermath the events of that day would spur. According to eyewitnesses, Goldstein, a twenty-nine year old man with a long history of psychiatric illness,' approached Webdale, a thirty-two year old woman, to ask her the time as she waited for an uptown train. Goldstein then suddenly and- inexplicably pushed Webdale in front of the approaching train; she died instantly. 2 Public outrage …


Capital Punishment: 21st Century Lynching, Serena L. Hargrove Sep 2001

Capital Punishment: 21st Century Lynching, Serena L. Hargrove

University of the District of Columbia Law Review

No abstract provided.


Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris Sep 2000

Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris

University of the District of Columbia Law Review

No abstract provided.