Law Commons^™

Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml), Stephen Meisenbacher, Peter Norlander

School of Business: Faculty Publications and Other Works

Popular approaches to building data from unstructured text come with limitations, such as scalability, interpretability, replicability, and real-world applicability. These can be overcome with Context Rule Assisted Machine Learning (CRAML), a method and no-code suite of software tools that builds structured, labeled datasets which are accurate and reproducible. CRAML enables domain experts to access uncommon constructs within a document corpus in a low-resource, transparent, and flexible manner. CRAML produces document-level datasets for quantitative research and makes qualitative classification schemes scalable over large volumes of text. We demonstrate that the method is useful for bibliographic analysis, transparent analysis of proprietary data, …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

An Ngo Alternative Report For The Un Committee On The Elimination Of Racial Discrimination, Lonita Benson, Sarah Diaz, Katherine Kaufka Walts, Meghan Scholnick

Center for the Human Rights of Children

No abstract provided.

The Inappropriate Use Of Juvenile Records In Immigration Discretion, Sarah Diaz, Lisa Jacobs

Center for the Human Rights of Children

No abstract provided.

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram

Philosophy: Faculty Publications and Other Works

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram

Philosophy: Faculty Publications and Other Works

Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United States, and …

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.

Addressing Environmental Toxins That Affect Children Through A Children's Rights Framework: Tools To Help You Succeed, Jenifer Cartland

Center for the Human Rights of Children

This toolkit was developed as part of Loyola University Chicago’s Advancing Healthy Homes and Healthy Communities Initiative (HHHCI). This initiative establishes an interdisciplinary university-community-public-private partner- ship to tackle the problem of environmental toxins in homes and communities through a range of activities. This approach integrates a unique set of strategies and tactics, including applied research, public education, organiz- ing, coalition building, legislative and policy advocacy, and policy implementation. HHHCI uses an integrative research and advocacy model to address the public health and hous- ing problems associated with environmental toxins. This approach integrates a unique set of strategies and tactics, including …

Recognition And Positive Freedom, David Ingram

Philosophy: Faculty Publications and Other Works

A number of well-known Hegel-inspired theorists have recently defended a distinctive type of social freedom that, while bearing some resemblance to Isaiah Berlin’s famous description of positive freedom, takes its bearings from a theory of social recognition rather than a theory of moral self-determination. Berlin himself argued that recognition-based theories of freedom are really not about freedom at all (negatively or positively construed) but about solidarity, More strongly, he argued that recognition-based theories of freedom, like most accounts of solidarity, oppose what Kant originally understood to be the essence of positive freedom, namely the setting of volitional ends in accordance …

Chicago's School Closings: From A Civil Rights Perspective To A Human Rights Perspective, Lincoln Hill

Center for the Human Rights of Children

In May 2013, the Chicago Board of education approved a plan to close 49 of the city’s elementary schools and one of its high schools1 resulting in the largest mass school closure in United states history.2 Those against the school closings argued that the decision was discriminatory considering the racial and socioeconomic disparities of children directly affected. With Black children representing just 40% of the district’s students, 80% of the children impacted by the closings were Black students living in predominantly Black and impoverished neighbor- hoods in the south and West sides of the city.

Despite national criticism and protests …

Re: Dhs Docket No. Iceb-2018-0002; Rin 1653-Aa75, 0970-Ac42; Comments In Response To Proposed Rulemaking: Apprehension, Processing, Care, And Custody Of Alien Minors And Unaccompanied Alien Children, Katherine Kaufka Walts Jd, Diane Geraghty

Center for the Human Rights of Children

No abstract provided.

Unaccompanied Immigrant Child And Family/Sponsor Community Service System Study: Metropolitan Chicago Area, Adam Avrushin, Maria Vidal De Haymes

Center for the Human Rights of Children

This research report seeks to (1) address research gaps relevant to services for unaccompanied immigrant children within the Chicago metropolitan area, and (2) provide relevant information to stakeholders who can strengthen the systems that support these young people. This report provides an overview of this research project, background information and findings from the study. To date, no research has examined these young people and their families who live in the Chicago metropolitan area, their needs, or the services and systems that can, potentially, meet their needs.

An Unfinished Project: John Courtney Murray, Religious Freedom, And Unresolved Tensions In Contemporary American Society, Miguel H. Diaz

Philosophy: Faculty Publications and Other Works

Religious freedom has re-emerged as a controversial issue in the courts, in the Church, and in the public square in the United States. This essay examines the groundbreaking contribution that John Courtney Murray, SJ made to bring about a paradigm shift in Roman Catholic teaching on religious freedom. This shift can be traced to the Church’s transitioning from the view that “error has no rights” to only people—not ideas—have rights. The essay underscores Murray’s focus on human conscience and addresses tensions that have emerged in the United States between voices that affirm the right to religious freedom and those that …

Going Beyond Ethics And Compliance: The Growing Corporate Movement To Embrace Social Value Creation, Seth J. Green

School of Business: Faculty Publications and Other Works

A growing number of companies are embracing social value creation as a core part of their business strategy. This Essay illuminates why businesses are increasingly committed to doing well and doing good and then analyzes how corporate law is evolving to support this growing corporate movement.

Child Labor Trafficking In The United States: A Hidden Crime, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from ”legitimate” work, including among adolescents. This article seeks …

Beyond The War: The Evolving Nature Of The U.S. Approach To Drugs, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

Over the last forty years, perhaps no issue has affected the United States’s criminal justice system as profoundly as has drug policy. Since President Nixon declared drug abuse “America’s public enemy number one,”1 concerns about the manufacture, distribution, and possession of drugs have remained at the fore of criminal justice policy discussions.2 President Reagan’s subsequent pronouncement of drugs as “an especially vicious virus of crime” set a course for national drug policy that emphasized enforcement and punishment over treatment to “win the war on drugs.”3 Throughout the 1980s, increasing public concern about the effects of drug abuse4 further pressured policymakers …

Constitutionalism And Democracy Dataset, Version 1.0, Todd A. Eisenstadt, Carl Levan, Tofigh Maboudi

Political Science: Faculty Publications and Other Works

The main objective of the CDD is to quantify the process of constitution-making since 1974. This is the first public release of any data on the process of constitution-making. This release includes data on 144 national constitutions promulgated in 119 countries from 1974 to 2014. The unit of analysis in the data is national constitutions. The data in this release includes only “new” constitutions and does not include suspended, re-installed, amended, or interim constitutions. In this release, only countries with a population larger than 500,000 are included. The authors intend to update the data by including all countries, expanding the …

A Review Of Needs And Challenges Facing Unaccompanied Alien Children (Uac) Released Into U.S. Communities, Dorothy L. Mcleod

Center for the Human Rights of Children

Immigrant children (<18 years) who enter the United States alone and without legal status are defined as unaccompanied alien children (UAC ), according to United States law. Between 2013 and 2015, the number of unaccompanied immigrant children arriving at the United States-Mexico border increased dramatically, reaching a peak of over 55,000 in FY 2014. While a number of research and policy documents detail the movement of youth through the immigration system, little is known about this population after their release to sponsors in the U.S. The current research brief synthesizes the existing research using a multi-disciplinary approach. We have chosen to prioritize peer-reviewed research, but have also included information from governmental and NGO reports. Each of the following sections summarizes the research on a different aspect of youth’s postr-elease adjustment to life in the United States. We conclude the report with a list of unanswered research questions.

Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram

Philosophy: Faculty Publications and Other Works

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …

Legal Services Assessment For Trafficked Children- Cook County, Illinois Case Study, Katherine Kaufka Walts Jd, Linda Rio Reichmann Jd, Catherine Lee Ma

Center for the Human Rights of Children

Child trafficking is one of the most disturbing human rights abuses of our time, involving cases of boys and girls exploited for labor and/or commercial sexual services. These children may suffer physical, sexual, and emotional violence at the hands of traffickers, who can be pimps, employers, and even family members. Trafficking schemes may involve various forms of force, fraud, and coercion, which can be physical and/or psychological in nature. Current research indicates that legal services are a critical component of a comprehensive service delivery model for victims of human trafficking and a realization of human rights. However, little to no …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Cuotas En Materia Electoral: Frecuencia Y Eficacia, Richard E. Matland

Political Science: Faculty Publications and Other Works

El presente artículo se aparta del nivel relativamente detallado de países y regiones individuales para generalizar acerca de las cuotas de género a nivel global. Quise usar lecciones de trabajos anteriores y presentar información estadística que cubre a las aproximadamente 200 naciones independientes del mundo. Asimismo, el artículo considera qué factores condujeron a la adopción de las cuotas de género, para lo cual llevo a cabo pruebas para ver si los procesos que hicieron posible tal adopción varían sistemáticamente entre los tipos de cuotas. En el análisis estadístico presentado observo dos clases diferentes de cuotas: primero, las cuotas establecidas a …

Loan Sharks, Interest-Rate Caps, And Deregulation, Robert Mayer

Political Science: Faculty Publications and Other Works

The specter of the loan shark is often conjured by advocates of price deregulation in the market for payday loans. If binding price caps are imposed, the argument goes, loan sharks will be spawned. This is the loan-shark thesis. This Article tests that thesis against the historical record of payday lending in the United States since the origins of the quick-cash business around the Civil War. Two different types of creditors have been derided as “loan sharks” since the epithet was first coined. One used threats of violence to collect its debts but the other did not. The former has …

Promising Criminal Justice Practices In Human Trafficking Cases: A County-Level Comparitive Overview (2005-2010) With An Emphasis On Cases Involving Children, Angela Inzano

Center for the Human Rights of Children

The aim of the project is to review and analyze other similarly sized counties as Cook County, with large, metropolitan centers across the country, in order to identify best practice, challenges and efforts that have led to successful case outcomes. This research project identifies and synthesizes cases from 2005-2010 that involved human trafficking and developed at county-level law enforcement agencies and task forces across the United States. Where possible, cases involving minors will be high-lighted, in order to address distinct issues facing children who have been victimized by human trafficking. Best practices in victim identification, case investigation, perpetrator prosecution, and …

Human Trafficking And Exploitation Of Children And Youth In The United States- Outcome Document, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The conference entitled, “Human Trafficking and Exploitation of Children and Youth in the United States,” was held at Loyola University Chicago on September 22-23, 2010, sponsored by the Center for the Human Rights of Children.

The purpose of the conference was to bring national, multi-sector and interdisciplinary experts and participants together to discuss the plight of children being trafficked to and within the United States. The goal of the conference was not only to present an overview of child trafficking in the United States, but also to provide an opportunity to initiate dialogue among a network of professionals and to …

Group Rights: A Defense, David Ingram

Philosophy: Faculty Publications and Other Works

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …

Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd

Center for the Human Rights of Children

In 2007, the International Organization for Adolescents (IOFA), under the leadership of Katherine Kaufka Walts the then Executive Director, developed and launched the Building Child Welfare Response to Child Trafficking project. The purpose of this project is to build the capacity of child welfare agencies and service providers to identify and respond to this often invisible and underserved population. The primary goals are to ensure that children are correctly identified as trafficked persons and that they receive the appropriate protections and referrals to specialized services to which they are entitled under federal and state laws. This project, supported by funding …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …