Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman,
2016
New York Law School
Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce
Rooftops Project
What makes an effective message when asking for donations to a capital project using video and streaming media? Professor James Hagy and Rooftops Team member Colin Pearce asked Emmy Award-winning producer and director Tom Kaufman after screening his remarkable two-minute video for the Playtime Project, the goal of which was to fund construction of a children’s playground for a large homeless shelter in a converted, former general hospital in the District of Columbia.
Child Protection Law As An Independent Variable,
2016
University of South Carolina
Child Protection Law As An Independent Variable, Josh Gupta-Kagan
Faculty Publications
Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. …
Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan,
2016
Maurer School of Law - Indiana University
Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse
Articles by Maurer Faculty
No abstract provided.
Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders,
2016
The University of Akron
Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel
Akron Law Review
In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.
Immigration And Disability In The United States And Canada,
2016
DePaul University College of Law
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law,
2016
Harvard Law School
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Georgia Journal of International & Comparative Law
No abstract provided.
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace,
2016
Seattle University School of Law
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde
Seattle University Law Review
Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction …
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen,
2016
Seattle University School of Law
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
Seattle University Law Review
In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson’s categorical exclusion is …
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond,
2016
Seattle University School of Law
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
Seattle University Law Review
Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so, these …
The Constitution And Slavery Overseas,
2016
Seattle University School of Law
The Constitution And Slavery Overseas, George Rutherglen
Seattle University Law Review
This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power—the Commerce …
The Thirteenth Amendment, Human Trafficking, And Hate Crimes,
2016
Seattle University School of Law
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
Seattle University Law Review
The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated—like human …
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor,
2016
Seattle University School of Law
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros
Seattle University Law Review
The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination,
2016
Seattle University School of Law
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Seattle University Law Review
The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth Amendment applies to …
A Positive Right To Free Labor,
2016
Seattle University School of Law
A Positive Right To Free Labor, Rebecca E. Zietlow
Seattle University Law Review
This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …
Implementation Of The Public Distribution System: An Empirical Analysis Of The Right To Food In An Urban Slum,
2016
Jindal Global Law School, India
Implementation Of The Public Distribution System: An Empirical Analysis Of The Right To Food In An Urban Slum, Dipika Jain, Brian Tronic
Journal of Food Law & Policy
Malnutrition is one of the biggest problems facing India today. Thus, the functioning of the Public Distribution System (PDS) - which provides subsidized food to hundreds of millions of people is critically important. However, while numerous studies have evaluated the performance of the PDS in rural areas, there is a notable lack of research in urban slums, a rapidly growing population. Through interviews with PDS beneficiaries and other stakeholders, the present study examines the PDS in one slum in Delhi and finds numerous problems, including low quality grain, corruption, and the lack of an effective complaint mechanism. Although several states …
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest,
2016
Seattle University School of Law
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate,
2016
Seattle University School of Law
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
