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Full-Text Articles in Law

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Enrique S. Pumar, Faith Mullen Sep 2012

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Enrique S. Pumar, Faith Mullen

University of the District of Columbia Law Review

This project has its origins at the University of the District of Columbia David A. Clarke School of Law (UDC). In March 2008, UDC hosted a meeting between the Pro Bono Committee of the District of Columbia Office of Administrative Hearings, and clinical professors and pro bono coordinators from several law schools in the District of Columbia. At that meeting, the Pro Bono Committee initiated a dialogue about how to better meet the needs of self-represented individuals who appear before the Office of Administrative Hearings (OAH) and extended an invitation to attend some OAH hearings. Professor Mullen accepted that invitation …


From Representation To Research And Back Again: Reflections On Developing An Empirical Project, Mary Spector Sep 2012

From Representation To Research And Back Again: Reflections On Developing An Empirical Project, Mary Spector

University of the District of Columbia Law Review

No abstract provided.


Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton Sep 2012

Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton

University of the District of Columbia Law Review

Incident to a drug arrest, a police officer removes a smartphone from the pocket of the defendant. The smartphone may have incriminating evidence-phone numbers, pictures, text messages, and e-mails. But can the officer examine the smartphone on the scene or back at the station? Or does the officer need to show probable cause and obtain a warrant before examining the phone? If the phone were instead the arrestee's wallet or a cigarette package, under the search incident to lawful arrest exception to the Fourth Amendment's warrant requirement the officer could open and search inside either of these "containers." Anything found …


Foreword: The Work Of The Bellow Scholars, Jeanne Charn Sep 2012

Foreword: The Work Of The Bellow Scholars, Jeanne Charn

University of the District of Columbia Law Review

No abstract provided.


Looking Through The Prism Of Privacy And Trespass: Smartphones And The Fourth Amendment, Saby Ghoshray Sep 2012

Looking Through The Prism Of Privacy And Trespass: Smartphones And The Fourth Amendment, Saby Ghoshray

University of the District of Columbia Law Review

Technology in the twenty-first century has dramatically changed our lives, but the law has not kept pace with technological advances. The treatment of smartphones in Fourth Amendment jurisprudence is no exception. This is made evident by the increasingly scattered outcomes of litigation involving the privacy interests of smartphone owners.' As the cross-jurisdictional inconsistencies of judicial decisions applying the Fourth Amendment to smartphones mount, I am drawn to seek answers from two foundational pillars of the Supreme Court's search and seizure jurisprudence: protection against invasions of privacy and the bulwark against trespass.


Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies, Mary Cheh Sep 2012

Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies, Mary Cheh

University of the District of Columbia Law Review

On October 19, 2011, the mayor of Washington, D.C. issued an Executive Order to limit the District's cooperation with the federal government's Immigration and Naturalization Service in identifying and deporting undocumented residents.' In so doing, the mayor joined with many other communities' that, while specifically not shielding undocumented aliens engaged in criminal activity, want to maintain the trust and care of the many law-abiding immigrants within their borders. The mayor's Order is a direct response to the federal government's more aggressive effort to enlist local authorities in the roundup of undocumented aliens,' and raises the question which is the subject …


Feminist Legal Realism, Mae C. Quinn Jan 2012

Feminist Legal Realism, Mae C. Quinn

Journal Articles

This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those considered realists— and there are …


Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn Jan 2012

Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn

Journal Articles

This collection of articles explores the ongoing evolution of juvenile justice standards, sharing important theoretical insights about the current state of the law as well as experience-based lessons from committed juvenile practitioners who confront important youth justice issues in our communities and courts. It is being published in conjunction with Washington University‘s 12th annual Access to Equal Justice Colloquium, which this year sought to bring together stakeholders from the national, state, and local levels to share and build juvenile justice expertise during a day-long conference.2 Our goal was to consider where we have been, where we are now, and where …


The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn Jan 2012

The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn

Journal Articles

In 1973, Time magazine described a national school system under siege.2 In its article "Blackboard Battlegrounds: A Question of Survival," Time reported that troubled urban youth were rejecting education, terrorizing teachers, and turning the country's schoolyards into battlefields. 3 Claiming that simple survival in the face of such insurgency had become the top priority of school administrators, the article quoted one educator as stating, "'You can't teach anything unless you have an atmosphere without violence."' Despite concerns about a culture of aggression and hostility within the education setting, the article went on to laud new national experiments in increased school-based …


Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris Jan 2012

Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris

Journal Articles

This article examines the use of country conditions experts in gender-based asylum claims, with a focus on African women and girls facing gender-based violence in their countries of origin. Using anonymous case examples from the work of the Tahirih Justice Center’s African Women’s Empowerment Project, the article explores the role of experts and the critical bridge that experts can provide in asylum claims adjudicated at the asylum office and in immigration court. A brief overview of U.S. asylum law and procedures sets the stage for a deeper look at expert evidence.


Changing The Narrative Of Child Welfare, Matthew I. Fraidin Jan 2012

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Journal Articles

No abstract provided.


Humanitarian Aid Is Never A Crime? The Politics Of Immigration Enforcement And The Provision Of Sanctuary, Kristina M. Campbell Jan 2012

Humanitarian Aid Is Never A Crime? The Politics Of Immigration Enforcement And The Provision Of Sanctuary, Kristina M. Campbell

Journal Articles

In September 2010, the United States Court of Appeals for the Ninth Circuit reversed the federal criminal conviction of humanitarian Daniel Millis for placing water for migrants crossing the United StatesMexico border in the Buenos Aires National Wildlife Refuge.1 In 2008 Mr. Millis, an activist with the Sierra Club and the Tucson faith-based organization No More Deaths/No Mas Muertes,2 had been found guilty of “Disposal of Waste” pursuant to 50 C.F.R. § 27.94(a), in the United States District Court for the District of Arizona.3 No More Deaths, along with other faith-based organizations in Southern Arizona,4 have adopted the slogan “Humanitarian …