Social Justice Commons^™

The Village Of Billionaires: Fair Taxation And Redistribution Amid Relative And Absolute Poverty, Alexis Brassey, Henry Ordower

All Faculty Scholarship

Tax justice and principles underpinning the international tax regime are in vogue. The idea that companies and individuals need to pay their "fair share", not just in the domestic sense but also the international sense, is now a mainstream position. This paper explores the problems relating to what might constitute a "fair share" by setting out what is meant when this expression is used. A reasonable assumption is to consider taxation as the means by which the state funds public services and in some jurisdictions, contributes to greater equality within society. Those goals, however, give rise to competing claims. This …

Do Racial Stereotypes Contribute To Medical Misdiagnosis Of Child Abuse? Investigating Tunnel Vision In The Emergency Room, Cynthia J. Najdowski, Kimberly M. Bernstein, Katherine S. Wahrer

Psychology Faculty Scholarship

Despite growing recognition that misdiagnoses of child abuse can lead to wrongful convictions, little empirical work has examined how the medical community may contribute to these errors. Previous research has documented the existence and content of stereotypes that associate race with child abuse. The current study examines whether emergency medical professionals rely on this stereotype to fill in gaps in ambiguous cases involving Black children, thereby increasing the potential for misdiagnoses of child abuse. Specifically, we tested whether the race-abuse stereotype led participants to attend to more abuse-related details than infection-related details when an infant patient was Black versus White. …

Against The "Safety Net", Matthew B. Lawrence

Faculty Articles

Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …

Beyond Equality And Discrimination, Martha Albertson Fineman

Faculty Articles

The theme of this Article for the SMU Law Review Forum focuses us on the challenges faced by the “economically disadvantaged” in the past decade and in the future. This framing is rooted in a distinction between that conceptual status of equality and the actuality of discrimination and disadvantage. This is the lens through which contemporary legal culture tends to assess the nature and effect of existing laws and determines the necessary direction of reform. As such, this paradigm provides the governing logic for both criticism and justification of the status quo. It is rooted in an understanding of the …

Damnatio Memoriae And Black Lives Matter, Alex Zhang

Faculty Articles

Police brutality and killings of Black Americans have recently sparked nationwide protests. Among the many expressions of anger and indignation, one stands out as a unique feature of this wave of the social movement: public scrutiny of civic symbols. Protestors have defaced, torn down, and called for the removal of monuments that represent our country’s racist past, as well as structural racial injustice today. Protestors toppled a statue of George Washington in Portland and spray-painted on it the label “Genocidal Colonist,” while statues of Christopher Columbus were found beheaded in Boston, yanked from a pedestal in St. Paul, and tossed …

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly

Criminal Justice Faculty Publications and Presentations

Using a survey of police officers (n=1080) in a southern state of the USA, this study examines how overall performance is influenced by organizational fairness and prior disciplinary actions. In particular, this study focuses on the relationship between organizational treatment and officers’ self-acknowledged engagement in more innocuous forms of negative workrelated behaviors, general task performance, and extra-role behaviors. Results suggest prior disciplinary actions and organizational treatment are related to officer performance. Our findings highlight fair treatment’s relationship to enhanced prosocial activities and reduced negative work behaviors. Of importance to police administrators, police officers’ fairness perceptions of the police organization appear …

Open University Of Nepal Initiative Lessons Learned From Designing An Institution Of Higher Learning, Pramod Dhakal, Drona P. Rasali, Ambika P. Adhikari, Raju Adhikari

Himalayan Research Papers Archive

A group of Nepali diaspora members, represented by the Non-Resident Nepali Association (NRNA), started a campaign in 2009 to establish the Open University of Nepal (OUN) in partnership with the government of Nepal. Their motivation was to develop a quality university for the masses by mobilizing local, diaspora, and international collaborators for producing and disseminating knowledge in the public domain. The university was subsequently established in 2017 but it drifted away from many of the original objectives. Most critically, it embraced distance education as its central function while setting aside the aspiration of producing and sharing knowledge under the public …

Territorial Threat And Women’S Legislative Representation, Alice J. Kang, Nam Kyu Kim

Department of Political Science: Faculty Publications

Why do some countries have fewer women in parliament than do others? Recent studies find that women have less access to positions of political power in countries facing external threats. Exist-ing studies, however, do not differentiate between types of threat. We theorize that territorial threats are a particular driver of gender inequality in national parliaments. When a country’s land is under threat, people prefer having “tough” representatives in the national legislature who are competent on the military and defense moreso than when a country faces other threats. Moreo-ver, when countries face territorial threats, they build larger standing armies and adopt …

Diverse And Inclusive High Courts: A Global And Intersectional Perspective, Alice J. Kang, Miki Caul Kittilson, Valerie Hoekstra, Maria C. Escobar-Lemmon

Department of Political Science: Faculty Publications

Critical race feminists call attention to the ways in which multiple and overlapping forms of privilege and discrimination shape individual experiences and perspectives. In this article, we argue that judiciaries cannot be fully inclusive if their composition does not reflect a society’s intersecting sources of disadvantage. We consider intersectional inclusion on high courts from a compar-ative perspective. Most existing practices of representation on high courts promote the inclusion of groups as if they are internally homogenous. We explore the attempts at and successes of promoting intersectional inclusion in the context of the high courts of Canada and South Africa. Although …

Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus

Independent Study Project (ISP) Collection

Models of reform within the criminal justice system often operate from a top-down perspective, affecting change on surface levels to attempt to better the system. One example of such a reform is Scotland’s Presumption Against Short Sentences. These kinds of changes, as I will illustrate in this paper, both fall short of achieving genuine change and often produce negative side effects. However, a few countries have made deeper changes to the ways their systems both view and handle crime and punishment; one such system is Norway. Through rehabilitation and restorative justice, Norway has greatly decreased rates of recidivism, increased social …

Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger

History

A century ago, on May 21, 1919, the US House of Representatives voted difinitively (304 to 89) in support of women’s suffrage. Two weeks later, Wisconsinite Belle La Follette sat in the visitors’ gallery of the US Senate chamber. She “shed a few tears” when it was announced that, by a vote of 56 to 25, the US Senate also approved the Nineteenth Amendment, sending it on to the states for ratification.¹ For Belle La Follette, this thrilling victory was the culmination of a decades-long fight. Six days later, her happiness turned to elation when Wisconsin became the first …

The Water Tanker Mafia, Yousuf Sajjad

MSJ Capstone Projects

This is a thesis about the Water Tanker Mafia in Karachi. The citizens of Pakistan’s largest city, Karachi suffer from an acute lack of water for drinking and domestic use. To cover for this lack of water, there is a network of tankers, run illegally but also with a large degree of connivance with parts of the state in Karachi, that provides water to the citizens of this city. This paper seeks to explain this network, its history, organization and the infrastructure in Karachi that it supports or in many cases, supersedes. This paper places the Karachi water tanker mafia …

Cyberspace Is Becoming Unsafe For Women In Pakistan, Sara Tanveer

MSJ Capstone Projects

This study explores the challenges faced by students in Pakistan who become victim of cyber harassment. Due to the lack of awareness, people do not know about cyber-crime and do not know that it is the violation of human rights. The Human Rights Ministry has no sense of urgency to work on the issue. According to the Human Rights report 2018, since 2004, the Human Rights Commission of Pakistan has recorded more than 6,000 cases of sexual violence and 2,200 cases of domestic violence against the women. The violence is mostly connected with the online harassment in the form of …

Legacies Of Belle La Follette’S Big Tent Campaigns For Women’S Suffrage, Nancy Unger

History

In countless speeches and articles in La Follette’s Magazine, Belle Case La Follette urged that women needed the vote to secure “standards of cleanliness and healthfulness in the municipal home,” and because “home, society, and government are best when men and women keep together intellectually and spiritually.” This range of often mutually exclusive arguments created an inclusive big tent. However, arguing that women were qualified to vote by their roles as wives and mothers while maintaining that gender was superfluous to suffrage also contributed to an uneasy combination that would continue the conflict over women’s true nature and hinder their …

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …

Volume 8: Gender, Governance And Islam, Deniz Kandiyoti, Nadje Al-Ali, Kathryn Spellman Poots

Exploring Muslim Contexts

Analyses the links between gender and governance in contemporary Muslim majority countries and diaspora contexts.

Following a period of rapid political change, both globally and in relation to the Middle East and South Asia, this collection sets new terms of reference for an analysis of the intersections between global, state, non-state and popular actors and their contradictory effects on the politics of gender.

The volume charts the shifts in academic discourse and global development practice that shape our understanding of gender both as an object of policy and as a terrain for activism. Nine individual case studies systematically explore how …

Defining Law, Tal Kastner

Scholarly Works

Commenting on Chaim Saiman’s book, Halakhah: The Rabbinic Idea of Law, this essay views the difficulty of defining halakha as indicative of the universal challenge of defining the bounds of what constitutes “law.” Considering the dynamic of contingent norms, social context, history, and narrative that shapes the meaning of law, it focuses on a series of decisions by a federal district court judge in connection with the case of Bayless v. United States (1996) involving the sufficiency of reasonable suspicion to justify a police stop. Tracing the slippage in this case between holding and dicta, among other sources of authority …

Vulnerability And Social Justice, Martha Albertson Fineman

Faculty Articles

This Article briefly considers the origins of the term social justice and its evolution beside our understandings of human rights and liberalism, which are two other significant justice categories. After this reflection on the contemporary meaning of social justice, I suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term. Recognition of fundamental, universal, and perpetual human vulnerability reveals the fallacies inherent in the ideals of autonomy, independence, and individual responsibility that have supplanted an appreciation of the social. I suggest …

Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Black and poor children are overrepresented at every stage of the child welfare system, from suspicion of abuse to substantiation. Focusing on stereotypes as a source of bias that leads to these disparities, the current study examines the content and strength of stereotypes relating race and social class to child abuse as viewed by medical professionals. Doctors, nurses, and other medical professionals (Study 1: N = 53; Study 2: N = 40) were recruited in local hospitals and online through snowball sampling. Study 1 identified stereotype content by asking participants to list words associated with the stereotype that …

Beyond The Movement: State Action In Addressing Campus Sexual Violence, Amijo Wadena

Political Science Theses and Capstones

The "Me Too" movement, started by actress Alyssa Milano, has helped shine a light on the prevalence of sexual harassment and sexual violence throughout the country. While it has helped the public understand the magnitude of the issue, it has only started the conversation about sexual violence. And while the focus has mostly been on Hollywood, there has been one area that is being overlooked; sexual violence on College and University campuses. With Secretary DeVos' repeal of Obama era policies, the current administration is being a lot less transparent when it comes to sexual violence, in general. With policy-making responsibility …

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …

[Review Of The Book Automating Inequality: How High-Tech Tools Profile, Police, And Punish The Poor By V. Eubanks], Dawn Betts-Green

STEMPS Faculty Publications

(First paragraph) With technological ubiquity and improvements comes the misguided notion that automated systems are more objective and less prone to error than the human element. While this may be true with calculations, when it comes to decisions involving the multilayered human experience, it becomes abundantly clear that this is not universally true. Increasingly, there has been a push for higher levels of automation and decreasing human involvement in the provision of government services such as Social Security, veterans’ benefits, and welfare. Automation provides a way to slash payroll spending and, ostensibly, improve services by making them more objective, and, …

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Faculty Scholarship

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.

The bulk of the detained population consisted of men (79%) and individuals from Mexico, El Salvador, Guatemala, …

Transparency Behind Bars: A History Of Kansas Jail Inspections, Current Practices, And Possible Reform, Melanie K. Worsely, Amy Memmer

Journal of Criminal Justice and Law

Accountability in the corrections system is essential to protecting the well-being and safety of inmates. To provide a better understanding of the methods of ensuring the humane treatment of inmates, this article traces the history of Kansas’s jail inspection policy, beginning with passage of the state’s 1973 jail inspection statute. An examination of the legislative history of Kansas’s inspection statute and jail inspection reports, in addition to oral history interviews with corrections officials, reveals that the statute was effective in providing accountability and producing measurable improvements in jail conditions. The history of Kansas’s jail inspection statute, including its repeal in …

Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed

English Faculty Publications

No abstract provided.

Mindfulness And Law Enforcement: An Effective Approach To Implementing Mindfulness For First Responders, Gina White

Mindfulness Studies Theses

An increasing number of studies show that people employed as first responders in high trauma service jobs tend to experience a high level of stress, at work and after hours. Studies suggest that constant exposure to job related stress leads to both physical and mental dysregulation. This study looks at the effects of implementing mindfulness tools and techniques to those working in law enforcement. Other works on this topic report mindfulness as a successful tool to increase wellbeing to a broad spectrum of populations. The methodology used in this study was designed specifically for first responders. The data findings were …