Law Commons^™

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …

Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell

Genocide Studies and Prevention: An International Journal

No abstract provided.

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …

New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard

Genocide Studies and Prevention: An International Journal

Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …

Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick

Genocide Studies and Prevention: An International Journal

This paper analyzes the generally muted international response to the protracted plight of the Rohingya, a persecuted Muslim minority in Myanmar, from the perspective of sociology of law. The first part provides background on the Rohingya crisis and discusses relevant international legal frameworks relating to crimes against humanity and genocide. The second part adapts analytical frameworks developed by Felstiner, Abel, and Sarat on the emergence and transformation of disputes, in order to examine some of the factors that frustrate the processes of naming crimes, blaming perpetrators, and claiming rights and protection for the Rohingya minority in the international context. Work …

Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić

Genocide Studies and Prevention: An International Journal

After the fall of Srebrenica in summer of 1995, the Scorpions unit, dispatched to support the Bosnian Serb Army as it took over the enclave, shot six men in Trnovo. The men, three of whom were underage, were some of thousands of Bosnian Muslims that fell into the hands of Bosnian Serb troops, and that were executed in the days and weeks following July 11th. A member of the unit filmed the execution. Fragments of the video were first shown during the Slobodan Milosevic trial, and multiple times in the years after, in the courtrooms in The Hague and Belgrade. …

Book Review: Prosecuting Corporations For Genocide, Sarah Federman

Genocide Studies and Prevention: An International Journal

No abstract provided.

Book Review: Rwanda Before The Genocide: Catholic Politics And Ethnic Discourse In The Late Colonial Era, Randall Fegley

Genocide Studies and Prevention: An International Journal

No abstract provided.

Negative Voice-Content As A Full Mediator Of A Relation Between Childhood Adversity And Distress Ensuing From Hearing Voices, Cherise Rosen, Simon Mccarthy-Jones, Nev Jones, Kayla A. Chase, Rajiv P. Sharma

Mental Health Law & Policy Faculty Publications

A key predictor of whether or not an individual who hears voices (auditory verbal hallucinations; AVH) meets criteria for a psychiatric diagnosis is the level of negative content of the voices (e.g., threats, criticism, abuse). Yet the factors that contribute to negative voice-content are still not well understood. This study aimed to test the hypotheses that levels of childhood adversity would predict levels of negative voice-content, and that negative voice-content would partially mediate a relation between childhood adversity and voice-related distress. These hypotheses were tested in a clinical sample of 61 patients with formally diagnosed psychotic disorders (48 schizophrenia …

Developing An Opioid Use Disorder Treatment Cascade: A Review Of Quality Measures, Arthur Robin Williams, Edward V. Nunes, Adam Bisaga, Harold A. Pincus, Kimberly A. Johnson, Aimee N. Campbell, Remien Remien, Stephen Crystal, Peter D. Friedmann, Frances R. Levin, Mark Olfson

Mental Health Law & Policy Faculty Publications

Background: Despite increasing opioid overdose mortality, problems persist in the availability and quality of treatment for opioid use disorder (OUD). Three FDA-approved medications (methadone, buprenorphine, and naltrexone) have high quality evidence supporting their use, but most individuals with OUD do not receive them and many experience relapse following care episodes. Developing and organizing quality measures under a unified framework such as a Cascade of Care could improve system level practice and treatment outcomes. In this context, a review was performed of existing quality measures relevant to the treatment of OUD and the literature assessing the utility of these measures in …

Where's Dad? The Importance Of Integrating Fatherhood And Parenting Programming Into Substance Use Treatment For Men, Carla Smith Stover, Melissa Carlson, Sarika Patel, Raquel Manalich

Mental Health Law & Policy Faculty Publications

Large numbers of men enter substance use disorder treatment each year, yet very little attention is paid to the fatherhood and parenting status of these men. Substance use treatment programmes for men rarely incorporate a parenting component into their treatment planning, despite the increased success of women's treatment programmes that focus on gender and motherhood. This paper provides: (1) a review of the literature on the fathering of substance‐using men, what has been learned from substance use disorder treatment for mothers, and the implications for children and families; (2) pilot quantitative and qualitative outcomes resulting from the implementation of a …

Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor

USF Tampa Graduate Theses and Dissertations

This research used Geographical Information System (GIS) data to estimate the acreage of wetland loss due to small-scale activities (taking into account exempt, permitted, and unauthorized activities) in the Southwest District of the Department of Environmental Protection (DEP) between 2006 and 2011 and compared that net loss with the unmitigated wetland net loss that DEP documented during that time for authorized activities and violations that were discovered. The comparison allowed an estimation of the extent of undocumented small-scale unmitigated wetland loss that occurred during those six years. DEP records show that 88% of non-compliance cases remain unresolved, and the net …

Understanding Agricultural-Land Conservation From The Perspective Of Landowners In Franklin County, Massachusetts, Rocio Lalanda

USF Tampa Graduate Theses and Dissertations

What motivates agricultural-land owners to use conservation easements? As these legal tools have become a popular strategy for private land conservation in the U.S., a growing body of literature is examining how and why landowners conserve their properties through conservation easements. This research project expands upon environmental, geographical and rural land development literature through a qualitative fieldwork study of 34 private, conservation landowners associated with the Franklin Land Trust, a nonprofit conservation organization in western Massachusetts. The study identifies a broad range of environmental, social, spiritual and financial motivations for agricultural-land owners to conserve their properties, and indicates that for …

Cold Genocide: Falun Gong In China, Maria Cheung, Torsten Trey, David Matas, Richard An

Genocide Studies and Prevention: An International Journal

The article explores patterns of a cold genocide in the eradication campaign against Falun Gong. Falun Gong is a spiritual practice that has been targeted for eradication by the Chinese regime since 1999. In comparison to the documented cases of genocide, the genocide of Falun Gong stands out as anomalous because it is virtually ignored. The article seeks to elucidate the multi-faceted nature of this concealed genocide from an interdisciplinary perspective encompassing social work, medicine and law, In particular, the article demonstrates that the eradication campaign against Falun Gong is distinguishable as a cold genocide as it is: (1) multi-dimensional …

Capacity Building, Environmental Justice, And Brownfield Redevelopment: A Case Study Of Harvest Hope Park, Tampa Bay, Fl, Gabrielle R. Lehigh

USF Tampa Graduate Theses and Dissertations

Harvest Hope Park is a brownfield redevelopment project for the University Area Community Development Corporation (University Area CDC), a nonprofit organization dedicated to the sustainable redevelopment of north Tampa neighborhoods. While the project is still in progress, the University Area CDC has noted a lack of community engagement by local residents. The neighborhood, sometimes referred to as “suitcase city” because of the presumed transient nature of the population, has been plagued with poverty, blight, decay, high crime rates, and a lack of basic resources for decades (32 percent of the population in this area lives below the 2016 national poverty …

Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle

Genocide Studies and Prevention: An International Journal

Review of La Muerte del Verdugo. Reflexiones Interdisciplinarias Sobre el Cadáver de los Criminales de Masa, ed. Séviane Garibian (Buenos Aires: Miño y Dávila editores, 2016)

Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz

Genocide Studies and Prevention: An International Journal

The present article aims to confront the Swiss practice regarding the prevention of genocide and mass atrocities in Swiss foreign policy and its particularities shaping its international relations. Neutrality, a core part of Switzerland's identity on both the internal political level and the international level, will be at the center of our analysis. Indeed, how can a country engage in prevention activities while keeping its neutral status? How does neutrality influence these activities throughout times? What foreseeable impact could neutrality have on them? To answer these questions, the article will be divided as follow: the first part will be an …

Exclusion Criteria And Generalizability In Bipolar Disorder Treatment Trials, Jessie J. Wong, Nev Jones, Christine Timko, Keith Humphreys

Mental Health Law & Policy Faculty Publications

Objective: The current paper reviews the English-language research on exclusion criteria in bipolar disorder treatment trials and discusses how study samples compare to the general bipolar patient population.

Methods: & Results: Across 8 identified studies of exclusion criteria and their impact, between 55% and 96% of people with bipolar disorder would be excluded from treatment research. The number of exclusion criteria varies across bipolar disorder treatment research, with one study estimate of a median of 7 criteria used across studies. The criteria that excluded the greatest number of potential participants were comorbid substance use disorder, suicidal risk, and comorbid medical …

Models As Weapons: Review Of Weapons Of Math Destruction: How Big Data Increases Inequality And Threatens Democracy By Cathy O’Neil (2016), Samuel L. Tunstall

Numeracy

Cathy O’Neil. 2016. Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy (New York, NY: Crown) 272 pp. ISBN 978-0553418811.

Accessible to a wide readership, Cathy O’Neil’s Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy provides a lucid yet alarming account of the extensive reach of mathematical models in influencing all of our lives. With a particular eye towards social justice, O’Neil not only warns modelers to be cognizant of the effects of their work on real people—especially vulnerable groups who have less power to fight back—but also encourages laypersons to take initiative …

The Duration Of Untreated Psychosis: A Phenomenological Study, Sarah R. Kamens, Larry Davidson, Emily Hyun, Nev Jones, Jill G. Morawski, Matthew M. Kurtz, Jessica Pollard, Gerrit Ian Van Schalkwyk, Vinrod Srihari

Mental Health Law & Policy Faculty Publications

Mounting evidence has indicated that early intervention leads to improved clinical and functional outcomes for young persons experiencing recent onset psychosis. As part of a large early detection campaign, the present study aimed to investigate subjective experiences during the duration of untreated psychosis (DUP), or time between psychosis onset and treatment contact. Participants were 10 young adults participating in early intervention services for psychosis. After DUP was estimated during standardized baseline assessment, participants engaged in qualitative interviews focused on their life experiences prior to treatment and leading up to the present. Mixed methods data analyses compared standardized DUP estimates with …

Wecan! A 12-Month Evaluation Of A Drug Court Treatment Program Serving Females Addicted To Prescription Drugs, Kathleen A. Moore, M. Scott Young

Mental Health Law & Policy Faculty Publications

Prescription drug abuse represents a national public health concern. This study reports on 12-month outcomes of a drug court treatment program for 102 female offenders addicted to prescription drugs. The program utilized two evidence-based treatment models (i.e., Motivational Enhancement Therapy/Cognitive Behavioral Therapy-12 and Seeking Safety). In addition, participants were required to attend monthly judicial reviews, weekly AA/NA groups, and two random drug screens per week. Participants were interviewed at baseline and 12-month follow-up. Analyses examined self-reported substance use, traumatic experiences, criminal justice involvement, readiness to change, and therapeutic alliance. Participants reported significant decreases in substance use, increased readiness to change, …

The Moderating Relationship Of Comorbid Psychopathology And Treatment Outcome For Young Adult Offenders In Drug Court, Patrick Mcgonigal, Kathleen A. Moore, Matthew Scott Young

Mental Health Law & Policy Faculty Publications

Title: The moderating relationship of comorbid psychopathology and treatment outcome for young adult offenders in drug court.

Background: The drug court system is an alternative to incarceration that provides offenders with non-violent, substance motivated crimes with an opportunity to dismiss their charges and undergo a rigorous substance abuse treatment program. It is unknown whether drug court is effective for young adult clients and the role of co-occurring psychopathology within this context.

Methods: This study evaluated the overall effectiveness of a drug court system applied to young adult offenders ages 18-26, and additionally explored the moderating relationship of psychiatric symptoms on …