Law Commons^™

Capacity And Implementation For Judicial Reforms In Morocco: “Painting A Building That Is Collapsing”, Hally Bert

Independent Study Project (ISP) Collection

Currently in Morocco the country awaits the legitimate implementation of the 2011 assurances of rights and freedoms, an undertaking that would require a great amount of resources, state capacity, and political will. As Morocco changes and policies evolve the nation is balancing tradition with modernity. In terms of the judiciary, reform programs have been heavily funded by the west with the aim of modernizing and amending the entire legal system in Morocco. This means that influence and leadership in reforms has come in part from sources outside of Morocco. Looking at reforms over the last ten years and especially with …

Property Lost In Translation, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

The world is full of localized, non-standard property regimes that co-exist alongside state property laws. This Article provides the first comprehensive look at the phenomenon of localized property systems, and the difficulties that necessarily attend the translation of localized property rights.

Rather than survey the numerous localized property systems in the world, this Article explores the common features of the interaction between localized and state property systems. All localized property systems entail translation costs with the wider state property systems around them. Translation costs result from incompatibilities, as well as information and enforcement costs. Focusing on translation costs, the Article …

The Institutional And Social Integration Of Child Asylum-Seekers In The Schools And Society Of The Canton Of Vaud, Switzerland, Sonja C. Brinker

Independent Study Project (ISP) Collection

As an increasing number of asylum-seekers cross the border into Switzerland in search of protection, Switzerland faces the challenge of accommodating and integrating asylum populations into society while protecting all basic human rights. This study looks at the reception of child asylum-seekers in the canton of Vaud, Switzerland in terms of their integration in the education system and society. A series of interviews and a literature review were used to identify what services are available to child asylumseekers both at school and within the canton that may facilitate integration. The findings of this study indicate that child asylum-seekers are receiving …

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

UF Law Faculty Publications

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …

Agenda: What The Frack? How Your Investments Can Impact The Fracking Industry, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Sustainable Impact Investment Advisors

What the Frack? How Your Investments Can Impact the Fracking Industry (March 13)

Sustainable Impact Investment Advisors, a professional association of investment advisors whose practices focus on sustainable and socially responsible investing, sponsored a panel conversation on hydraulic fracking. A panel of experts, including industry representatives and grass roots opponents, discussed the pros and cons of fracking. The panel provided an overview of fracking, and food for thought about whether you choose to include this industry in your investments, or influence companies to use this technology with only the utmost care.

Implications Of Rhode Island’S Global Consumer Choice Compact Medicaid Waiver For Block Granting Medicaid And Other Retrenchment, Edward Alan Miller, Divya Samuel, Susan Allen, Amal Trivedi, Vincent Mor

Gerontology Institute Publications

On January 16, 2009, the Federal government approved Rhode Island’s application for a Global Consumer Choice Compact Medicaid Waiver whereby the state became the first granted permission to operate its entire Medicaid program under the state plan and a single 1115 “research and demonstration” waiver. The Global Waiver has been implemented in the context of Republican proposals to turn Medicaid into a block grant which would give states substantially more flexibility administering the program in exchange for receiving an upfront allotment from the Federal government. Proponents have held up the Global Waiver as a successful example of what might be …

Implications Of Rhode Island’S Global Consumer Choice Compact Medicaid Waiver For Rebalancing Long-Term Care Under The Affordable Care Act, Edward Alan Miller, Divya Samuel, Susan Allen, Amal Trivedi, Vincent Mor

Gerontology Institute Publications

Federal approval of Rhode Island’s Global Consumer Choice Compact Global Waiver in 2009 provided Rhode Island with greater flexibility to modify its Medicaid program. Because 96% of long-term care expenditures in Rhode Island were directed toward institutional settings, a primary goal was to facilitate the state’s efforts to shift the locus of long-term care to non-institutional settings. This study draws lessons from Rhode Island’s experience with the Global Waiver for the long-term care rebalancing provisions of the Patient Protection and Affordable Care Act of 2010. Data derive from 325 archival sources and 26 semi-structured interviews. Results suggest that prospectively documenting …

Implications Of Rhode Island’S Global Consumer Choice Compact Medicaid Waiver For Designing And Implementing State Health Reform, Edward Alan Miller, Divya Samuel, Susan Allen, Amal Trivedi, Vincent Mor

Gerontology Institute Publications

Provisions in the Medicaid statute permit states to apply for waivers from traditional program requirements. On January 16, 2009, the federal government approved Rhode Island's Global Consumer Choice Compact Waiver. In exchange for a cap on combined federal and state spending of $12.075 billion through 2013, Rhode Island received greater flexibility to adopt certain Medicaid program changes. This study analyzes the design and implementation of the Global Waiver to draw general lessons for health reform at the state-level, a key concern given ongoing state discretion to improve their health care systems under the Patient Protection and Affordable Care Act. Data …

Lock In: Loved Ones And Lawyers, Robert M. Daines

Vol. 3: Religious Conviction

This convocation address was given at Stanford Law School on June 16, 2012.

Ambiguity In Law And In Life, Bruce C. Hafen

Vol. 3: Religious Conviction

This address was given at BYU Law School on October 21, 2010. Adapted from The Broken Heart: Applying the Atonement to Life’s Experiences, expanded edition (2008), 211–226.

Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart

Criminal Justice Policy Research Institute Research Research Briefs

On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.

This report examines public perceptions of PPB across four content areas that are highlighted in the DOJ settlement agreement. Data for the report were …

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, Vijaya Nagarajan, Therese Macdermott

Theology & Religious Studies

Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom are increasingly marginalizing women from decision-making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing an appropriate legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyzes alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific Island countries, including recording and registration, as well …

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Faculty Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

Stop Terry : Reasonable Suspicion, Race, And A Proposal To Limit Terry Stops, Renée M. Hutchins

Faculty Scholarship

The Terry doctrine, which grants a police officer the authority to stop and frisk based on his or her reasonable suspicion rather than probable cause, was created by the Supreme Court at a time when the nation con- fronted a particular moment of violent racial strife. Since Terry was decided, the Supreme Court has continued to expand the reach of the doctrine—which opened the door for potential abuse. Existing data is increasingly proving that the loosening of constitutional standards is causing substantial harms to people of color nationwide. This article joins the existing scholarly discussion surrounding this decision to suggest …

Juvenile Life Without The Possibility Of Parole: Constitutional But Complicated, Christopher A. Mallett

Social Work Faculty Publications

The Supreme Court's recent decision in Miller v. Alabama found that juvenile life without the possibility of parole sentences for homicide crimes was unconstitutional if mandated by state law. Thus, allowing this sentence only after an individualized decision determines the sanction proportional given the circumstances of the offense and mitigating factors. This decision, for a number of reasons, does not go far enough in protecting those youthful offenders afflicted with maltreatment victimizations, mental health problems, and/or learning disabilities - all potential links for some adolescents to serious offending and potentially homicide. While the Supreme Court has not protected these youthful …

The Weight Of A Human Heart, Jane Olmsted

Diversity&Community Studies Faculty Publications

No abstract provided.

Multidimensionality Is To Masculinities What Intersectionality Is To Feminism, Athena D. Mutua

Journal Articles

Committed to intersectionality theory in her feminist work, the scholar Juliet Williams expressed the sentiment that “multidimensionality is to masculinities theory, what intersectionality is to feminism.” She did so in the context of a debate about whether intersectionality theory might capture the complexity of men’s lives, particularly men of color’s lives, as well as does multidimensionality theory, given that the latter is based in large part on the former. This paper, briefly explores the intellectual history of multidimensionality theory, concedes that intersectionality, a powerful analytical tool that has matured and gone global, could easily be used and is in part …

Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii

Homeland Security Publications

No abstract provided.

Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel

Faculty Scholarship

This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.

The Broken Safety Net: A Study Of Earned Income Tax Credit Recipients And A Proposal For Repair, Sara Sternberg Greene

Faculty Scholarship

The Earned Income Tax Credit (EITC) is the largest federal antipoverty program in the United States and garners almost universal bipartisan support from politicians, legal scholars, and other commentators. However, assessments of the EITC missed an imperative perspective: that of EITC recipients themselves. Past work relies on largely unconfirmed assumptions about the behaviors and needs of low-income families. This Article provides a novel assessment of the EITC based on original data obtained directly from 194 EITC recipients through in-depth qualitative interviews. The findings are troubling: They show that while the EITC has important advantages over welfare, which it has largely …

United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young

Faculty Scholarship

The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …

Statedata: The National Report On Employment Services And Outcomes, 2013, John Butterworth, Frank A. Smith, Allison Cohen Hall, Alberto Migliore, Jean Winsor, Daria Domin

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several existing 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. We do this because data sources vary in the specific target groups that can be described.

We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendix provides individual state profiles with data from several sources. These include the ICI’s IDD Agency National Survey of Day and …

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Why Police Learn From Third-Party Data, Randall K. Johnson

Faculty Works

This essay argues that third-party data collection, particularly of administrative complaints and departmental audit information, holds greater promise than lawsuit data collection. It does so by asserting that third-party data collection is more useful for three reasons. First, third-party data collection prevents manipulation by individual police officers and law enforcement agencies. Second, it assures that police behavioral trends are actually identified. Lastly, third-party data collection helps to deter published § 1983 cases. The essay, however, only models and tests the final claim.

It Doesn't Pass The Sell Test: Focusing On "The Facts Of The Individual Case" In Involuntary Medication Inquiries, Susan A. Mcmahon

Georgetown Law Faculty Publications and Other Works

Criminal defendants who are incompetent to stand trial have a significant liberty interest in refusing the antipsychotic medication that could restore their competency. The Supreme Court cautioned that instances of intrusion upon that right “may be rare,” and, in Sell v. United States, it laid out what it believed to be stringent criteria for when a defendant could be medicated against his will. Yet, since Sell, trial courts have ordered over sixty-three percent of defendants involuntarily medicated. These individuals did not pose a danger to themselves or others, and they were rarely accused of crimes that involved damage …

Black Male Exceptionalism? The Problems And Potential Of Black Male-Focused Interventions, Paul D. Butler

Georgetown Law Faculty Publications and Other Works

“Black male exceptionalism” is the premise that African American men fare more poorly than any other group in the United States. The discourse of Black male exceptionalism presents African American men as an “endangered species.” Some government agencies, foundations, and activists have responded by creating “Black male achievement” programs. There are almost no corresponding “Black female achievement” programs. Yet empirical data does not support the claim that Black males are burdened more than Black females. Without attention to intersectionality, Black male achievement programs risk obscuring Black females and advancing patriarchal values. Black male achievement programs also risk reinforcing stereotypes that …

Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller

Journal Articles

Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Faculty Scholarship

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake

Articles

In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …