University of Michigan Law School
Civil Rights Litigation Clearinghouse

Here are all the additions to the Clearinghouse collection -- cases, summaries, case studies, etc. -- over the past 90 days:


CASE ADDITIONS
February 25, 2020
Wilson v. Seattle Housing Authority
Case Category: Public Housing
Trial Docket: 2:09-cv-00226 (W.D. Wash.)
PH-WA-0001
On January 1, 2011, a plaintiff in Seattle, WA filed a class action complaint alleging that the Seattle Housing Administration's Section 8 Housing Choice Voucher Program impermissibly discriminated against residents with disabilities. Specifically, the complaint alleges that the program's termination proceedings, failure to provide reasonable accommodations, and policy regarding the inclusion of family members violated disabled residents' rights under the Due Process Clause, Fair Housing Act, and federal and state anti-discrimination legislation. The parties came to a settlement agreement in which the SHA agreed to amend its policies and grant class members new hearings. The settlement was approved on January 10, 2012.
View Case Detail (PH-WA-0001)


CASE ADDITIONS
February 25, 2020
Ross v. Gossett
Case Category: Prison Conditions
Trial Docket: 3:15-cv-00309 (S.D. Ill.)
PC-IL-0033
Summary/Abstract not yet on record
View Case Detail (PC-IL-0033)


CASE ADDITIONS
February 25, 2020
Druley v. Patton
Case Category: Prison Conditions
Trial Docket: 5:13-cv-01191 (W.D. Okla.)
PC-OK-0005
Summary/Abstract not yet on record
View Case Detail (PC-OK-0005)


CASE ADDITIONS
February 25, 2020
Gibson v. Collier
Case Category: Prison Conditions
Trial Docket: 6:15-CV-00190 (W.D. Tex.)
PC-TX-0024
Summary/Abstract not yet on record
View Case Detail (PC-TX-0024)


CASE ADDITIONS
February 25, 2020
Gulley-Fernandez v. Johnson
Case Category: Prison Conditions
Trial Docket: 2:15-cv-00795 (E.D. Wis.)
PC-WI-0020
Summary/Abstract not yet on record
View Case Detail (PC-WI-0020)


CASE ADDITIONS
February 24, 2020
Farmer v. Carlson
Case Category: Prison Conditions
Trial Docket: Civ. No. 87-0215. (M.D. Pa.)
PC-PA-0048
Summary/Abstract not yet on record
View Case Detail (PC-PA-0048)


CASE ADDITIONS
February 24, 2020
Green v. Hooks
Case Category: Prison Conditions
Trial Docket: 6:14-CV-00046 (S.D. Ga.)
PC-GA-0024
Summary/Abstract not yet on record
View Case Detail (PC-GA-0024)


CASE ADDITIONS
February 24, 2020
Stone v. Tom Green County
Case Category: Indigent Defense
Trial Docket: 6:19-cv-00061-H (N.D. Tex.)
PD-TX-0003
Summary/Abstract not yet on record
View Case Detail (PD-TX-0003)


CASE ADDITIONS
February 23, 2020
Bairefoot v. Beaufort
Case Category: Indigent Defense
Trial Docket: 9:17-cv-02759-RMG (D.S.C.)
PD-SC-0001
Summary/Abstract not yet on record
View Case Detail (PD-SC-0001)


CASE ADDITIONS
February 23, 2020
Williams v. McKeithen
Case Category: Prison Conditions
Trial Docket: 71-CV-98B (M.D. La.)
PC-LA-0001
Summary/Abstract not yet on record
View Case Detail (PC-LA-0001)


CASE ADDITIONS
February 22, 2020
[Four FISA Applications Involving Carter W. Page]
Case Category: National Security
Trial Docket: 16-1181 (FISC)
NS-DC-0138
Summary/Abstract not yet on record
View Case Detail (NS-DC-0138)


CASE ADDITIONS
February 21, 2020
Yon v. UBS Brinson, Inc.
Case Category: Equal Employment
Trial Docket: 1:02-cv-03745 (S.D.N.Y.)
EE-NY-0234
Summary/Abstract not yet on record
View Case Detail (EE-NY-0234)


CASE ADDITIONS
February 21, 2020
In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC (December 2019) (Collyer, J.)
Case Category: National Security
Trial Docket: Misc. 19-02 (FISC)
NS-DC-0137
Summary/Abstract not yet on record
View Case Detail (NS-DC-0137)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
February 20, 2020
Victory! Overhead Payments Restored in Alabama!
www.nacdl.org
Date: Jan. 1, 2007
By: NACDL
Summary of case and links to opinions.*
View Link Detail  


CASE ADDITIONS
February 20, 2020
Smith v. Uber Technologies
Case Category: Disability Rights-Pub. Accom.
Trial Docket: RG18894507 (State Court)
DR-CA-0058
Summary/Abstract not yet on record
View Case Detail (DR-CA-0058)


CASE ADDITIONS
February 20, 2020
Alasaad v. Duke
Case Category: Immigration and/or the Border
Trial Docket: 1:17-cv-11730-DJC (D. Mass.)
IM-MA-0012
Summary/Abstract not yet on record
View Case Detail (IM-MA-0012)


CASE ADDITIONS
February 19, 2020
Spees v. Facebook
Case Category: Equal Employment
Trial Docket: (No Court)
EE-DC-0079
Summary/Abstract not yet on record
View Case Detail (EE-DC-0079)


CASE ADDITIONS
February 19, 2020
R.C. v. City of New York
Case Category: Policing
Trial Docket: 153739/2018 (State Court)
PN-NY-0048
Summary/Abstract not yet on record
View Case Detail (PN-NY-0048)


CASE ADDITIONS
February 19, 2020
Adlerstein v. U.S. Customs and Border Protection
Case Category: Immigration and/or the Border
Trial Docket: 4:19-cv-00500-CJK (D. Ariz.)
IM-AZ-0029
Three private United States citizens, all involved in humanitarian efforts regarding migrants and refugees coming to the U.S. border through Mexico, filed a complaint in the U.S. District Court for the District of Arizona against CBP, ICE, and the FBI, alleging violations of the First Amendment, Fourth Amendment, and Privacy Act.
View Case Detail (IM-AZ-0029)


CASE ADDITIONS
February 19, 2020
Wright v. Childree
Case Category: Indigent Defense
Trial Docket: 05-1544 (State Court)
PD-AL-0001
Summary/Abstract not yet on record
View Case Detail (PD-AL-0001)


CASE ADDITIONS
February 18, 2020
Muslim Advocates v. U.S. Department of State
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01546-TSC (D.D.C.)
IM-DC-0050
Summary/Abstract not yet on record
View Case Detail (IM-DC-0050)


CASE ADDITIONS
February 18, 2020
Dora v. Sessions
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-01938 (D.D.C.)
IM-DC-0065
Summary/Abstract not yet on record
View Case Detail (IM-DC-0065)


CASE ADDITIONS
February 18, 2020
Las Americas Immigrant Advocacy Center v. Wolf
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-03640 (D.D.C.)
IM-DC-0067
On October 7, 2019, the U.S. Department of Homeland Security implemented two new asylum processes which would expedite applicants’ credible fear interviews. The Las Americas Advocacy Center sued, claiming that the new programs violated the Immigration and Nationality Act, the Administrative Procedure Act, the Convention against Torture, and the Due Process Clause. Represented by the ACLU, the plaintiffs filed motions for a preliminary injunction and the summary judgment.
View Case Detail (IM-DC-0067)


CASE ADDITIONS
February 18, 2020
Baldridge v. Oregon Department of Corrections
Case Category: Prison Conditions
Trial Docket: 120404976 (State Court)
PC-OR-0015
A deaf prisoner sued the Oregon Department of Corrections, alleging that the defendant failed to provide a qualified interpreter at important events and claiming that he was denied employment opportunities because of his disability. The parties settled. The Oregon Department of Corrections paid the plaintiff $150,000 and implemented a series of policies to conform with the Americans with Disabilities Act and Oregon Law.
View Case Detail (PC-OR-0015)


ARTICLES THAT USE THE CLEARINGHOUSE
February 17, 2020
Reviewing Presidential Orders
University of Chicago Law Review
Date: January 24, 2019
By: Lisa Manheim , Kathryn A. Watts (University of Washington - School of Law)
86 U. Chi. L. Rev. 1743
Beginning with Ronald Reagan, Presidents of both political parties increasingly have relied on executive orders and other unilateral written directives as a means of exerting significant control over agencies’ policymaking activities. Nevertheless, no coherent or well-theorized legal framework ...
View Article Detail  


CASE ADDITIONS
February 17, 2020
Center for Biological Diversity v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-01215-GPC-WVG (S.D. Cal.)
IM-CA-0103
Summary/Abstract not yet on record
View Case Detail (IM-CA-0103)


CASE ADDITIONS
February 17, 2020
Doe v. Anderson
Case Category: Prison Conditions
Trial Docket: 2:15-cv-13852 (E.D. Mich.)
PC-MI-0044
Summary/Abstract not yet on record
View Case Detail (PC-MI-0044)


CASE ADDITIONS
February 17, 2020
American Diabetes Ass'n v. Corecivic
Case Category: Prison Conditions
Trial Docket: 3:17-CV-00048 (M.D. Tenn.)
PC-TN-0018
Summary/Abstract not yet on record
View Case Detail (PC-TN-0018)


CASE ADDITIONS
February 17, 2020
Freedom for Immigrants v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 2:19-cv-10424 (C.D. Cal.)
IM-CA-0155
In December 2019, a non-profit organization dedicated to helping persons in immigration detention facilities filed this complaint in the U.S. District Court for the Central District of California. The plainitff operated a free and confiential hotline in immigration detention facilities that allowed detainees to contact the plaintiff to report abuse, find resources, and connect with family members. The plaintiff alleged that the government agency defendants shutdown this hotline as a retaliatory measure for plaintiff's repeated criticism of immigration detention facility conditions. In February 2020, a district court granted the plaintiff's motion for preliminary injunction, ordering that the hotline is restored and enjoining the defendant's from further interference with the hotline. The case is ongoing.
View Case Detail (IM-CA-0155)


CASE ADDITIONS
February 17, 2020
In Re Motion for Publication of Records (May 2019)
Case Category: National Security
Trial Docket: Misc. 19-01 (FISC)
NS-DC-0136
In May 2019, plaintiffs submitted a motion for FISC to release information relevant to a FISA inquiry into Carter Page, an associate of Donald Trump and a volunteer in his presidential campaign. Plaintiffs alleged misconduct by the FBI and DOJ by misrepresenting information to FISC in order to obtain the FISA order.
View Case Detail (NS-DC-0136)


CASE ADDITIONS
February 16, 2020
Goninan v. Wash. Dep't of Corrections
Case Category: Prison Conditions
Trial Docket: 3:17-cv-05714 (W.D. Wash.)
PC-WA-0032
Summary/Abstract not yet on record
View Case Detail (PC-WA-0032)


CASE ADDITIONS
February 16, 2020
Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (March 2019) (702)
Case Category: National Security
Trial Docket: N/A (FISC)
NS-DC-0135
On March 4, 2019, the Director of National Intelligence, with the Department of Justice, released a redacted 18th Semiannual Assessment of Compliance with Procedures and Guidelines issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act. The assessment detailed the measures the government took to comply with FISC approved targeting and minimization procedures.
View Case Detail (NS-DC-0135)


CASE ADDITIONS
February 16, 2020
In re Opinions & Orders of this Court Addressing Bulk Collection of Data under the Foreign Intelligence Surveillance Act [FISA Docket Misc. 13-08]
Case Category: National Security
Trial Docket: Misc. 13-08 (FISC)
NS-DC-0026
On June 12, 2013, the American Civil Liberties Union (ACLU) and the Media Freedom and Information Access Clinic (MFIAC) filed a motion in the FISC for release of court records including opinions that address the legal authority for the NSA's bulk telephony metadata program.
View Case Detail (NS-DC-0026)


CASE ADDITIONS
February 13, 2020
Raven v. Polis
Case Category: Prison Conditions
Trial Docket: 2019CV34492 (State Court)
PC-CO-0034
On November 22, 2019, seven transgender women who are inmates in Colorado men’s state prisons filed a class action lawsuit against several government defendants including the Governor of Colorado as well as the Executive Director of the Colorado Department of Corrections (CDOC). The plaintiffs seek declaratory and injunctive relief in addition to compensatory damages under the Colorado Anti-Discrimination Act. The complaint alleges that the plaintiffs, and a class of at least 160 other transgender women incarcerated in CDOC men’s prisons, have been discriminated against solely based on their status as transgender women.
View Case Detail (PC-CO-0034)


CASE ADDITIONS
February 13, 2020
Doe v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 3:19-cv-01743-SB (D. Or.)
IM-OR-0009
On October 30, 2019, seven individuals and Latino Network filed this putative class action lawsuit in the U.S. District Court for the District of Oregon, challenging President Trump's new proclamation, which restricts visas for immigrants without health insurance. The plaintiffs claimed the proclamation was ultra vires, and violated the Administrative Procedure Act and the Fifth Amendment. The court issued a nationwide preliminary injunction, which the defendants appealed to the Ninth Circuit. The case is ongoing.
View Case Detail (IM-OR-0009)


CASE ADDITIONS
February 12, 2020
Statistical Transparency Report Regarding Use of National Security Authorities (April 2019)
Case Category: National Security
Trial Docket: N/A (FISC)
NS-DC-0134
On April 30, 2019, the Office of the Director of National Intelligence released their annual report presenting statistics on the governments use of national security authorities, notably FISA.
View Case Detail (NS-DC-0134)


CASE ADDITIONS
February 12, 2020
Monroe v. Baldwin
Case Category: Prison Conditions
Trial Docket: 19 C 1060 (S.D. Ill.)
PC-IL-0047
A trans woman incarcerated at a men's prison in Illinois filed this case against the director of the Illinois Department of Correction in his official capacity on February 26, 2019. Judge Mihm in the Central District of Illinois has been assigned the case, and the plaintiff is represented by the MacArthur Justice Center and Uptown People’s Law Center. She asserts that IDOC policy regarding trans inmates caused her to be repeatedly sexually harassed and assaulted and have denied her adequate transition related and PTSD medical and psychological care. The complaint claims these policies violate the Eighth and Fourteenth Amendment and entitle the plaintiff to injunctive relief under Monell. The plaintiff is awaiting a ruling on her motion for preliminary injunction.
View Case Detail (PC-IL-0047)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
February 11, 2020
Civil Rights Corps
View Link Detail  


CASE ADDITIONS
February 11, 2020
Doe v. Massachusetts Department of Corrections
Case Category: Prison Conditions
Trial Docket: 1:17-cv-12255 (D. Mass.)
PC-MA-0052
The plaintiff, a trans woman housed in a mens prison in Massachusetts, sued the Department of corrections and several administrators in the department for mistreatment while in custody on account of her gender identity and presentation. She was represented by GLAD and brought the suit in the District Court for the District of Massachusetts. The complaint requested injunctive relief and attorney's fees. The judge granted a preliminary injunction regarding how prison staff were required to treat and accommodate the plaintiff while housed in the mens facility. After the plaintiff's transfer to a women's facility in 2018 and release in 2019, the judge dismissed the case as moot and awarded attorneys fees to the plaintiff.
View Case Detail (PC-MA-0052)


CASE ADDITIONS
February 11, 2020
Seth v. District of Columbia
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:18-cv-01034 (D.D.C.)
DR-DC-0006
In 2018, a D.C. resident with intellectual disabilities civilly committed to a federal prison in North Carolina sued D.C. and DDS for alleged violations of the Americans with Disabilities Act, the D.C Human Rights Act, and the Citizens with Intellectual Disabilities Act. The plaintiff claimed that after being found incompetent to stand trial, DDS should have begun civil commitment proceedings in the D.C. Superior Court. This would have allowed the plaintiff to receive treatment close to his family rather than being placed in the federal prison system. The defendants moved to dismiss the case in June 2018. In September 2018, the court granted the defendants’ motion to dismiss. The court held that the plaintiff had not proved he was being discriminated against based on his disability and that D.C. was not obligated to begin commitment proceedings in every case regarding the civil commitment of a D.C. resident. The plaintiff filed a motion on October 26, 2018 to alter the judgment to be without prejudice and to permit him to amend the complaint. After the court denied the motion to alter the judgment, the plaintiff appealed this and the dismissal of his claim. As of January 2020, the appeal remained pending and the case was ongoing.
View Case Detail (DR-DC-0006)


CASE ADDITIONS
February 11, 2020
Mathis v. GEO Group, Inc.
Case Category: Prison Conditions
Trial Docket: 2:08-ct-00021 (E.D.N.C.)
PC-NC-0017
A group of prisoners at a North Carolina private prison sued the prison company and the Federal Bureau of Prisons for deliberate indifference to their medical and mental health needs. After lengthy procedural maneuvering involving a change of venue from D.C. to North Carolina and failed attempts at class certification, the last remaining named plaintiff was transferred and the court dismissed the case.
View Case Detail (PC-NC-0017)


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Land Justice: Re-imagining Land, Food and the Commons
Food First Books
Date: 2017
By: Justine Williams & Eric Holt-Gimenez
Food First Books
In recent decades, the various strands of the food movement have made enormous strides in calling attention the many shortcomings and injustices of our food and agricultural system. Farmers, activists, scholars, and everyday citizens have also worked creatively to rebuild local food economies, ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Concrete Mama: Prison Profiles from Walla Walla
University of Washington Press
Date: 2018
By: John McCoy
University of Washington Press
Journalists John McCoy and Ethan Hoffman spent four months inside the walls of the Washington State Penitentiary at Walla Walla in 1978, just as Washington, once a leader in prison reform, abandoned its focus on reform and rehabilitation and returned to cell time and punishment. It was a brutal ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Subprime Lending, Mortgage Foreclosure and Race: How Far Have We Come and How Far have We to Go? in Where Credit is Due: Bringing Equity Back to Credit and Housing After the Market Meltdown (John Powell & Christy Rogers, eds.)
University Press of America
Date: 2013
By: Ira Goldstein & Dan Urevick-Ackelsberg
University Press of America 117-139
Drawing upon history and insight into the current crisis, this book shows that the subprime lending and foreclosure crisis is not an anomaly, especially for people of color; nor is it over. These essays provide a framework for creating equitable policy and ultimately building more stable ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Early Intervention Systems and the Prevention of Police Misconduct, in Stress in Policing: Sources, Consequences and Interventions (Ronald J. Burke, ed.)
Routledge
Date: 2017
By: Christopher J. Harris
Routledge 207-218
Early intervention (EI) systems are often touted as an effective means to increase accountability amongst US police departments. The IACP report on police integrity and corruption control recommends that departments collect data on seven different performance categories: firearms discharges, ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Neoliberalism and Police Reform, in Rethinking Neoliberalism (Sanford F. Schram & Marianna Pavlovskaya, eds.)
Routledge
Date: 2017
By: Leonard Feldman
Routledge 162-177
Rethinking Neoliberalism brings together theorists, social scientists, and public policy scholars to address neoliberalism as a governing ethic for our times. The chapters interrogate various dimensions of debates about neoliberalism while offering engaging empirical examples of neoliberalism’s ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Out of Harm's Way: Creating an Effective Child Welfare System
Oxford University Press
Date: 2017
By: Richard Gelles
Oxford University Press pgs. 60, 61, 155
Despite many well-intentioned efforts to create, revise, reform, and establish an effective child welfare system in the United States, the system continues to fail to ensure the safety and well-being of maltreated children. Out of Harm's Way explores the following four critical aspects of the ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Marriage Equality: Obergefell v. Hodges
Enslow Publishing
Date: January 1, 2017
By: Jason Porterfield
Enslow Publishing
This groundbreaking case, with much pressure from suing parties across the country and a great amount of controversy, granted the dignity of marriage to same-sex couples. Readers will find out all about the background of the case, how it made it to the Supreme Court, and why the court decided for ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Religious Profiling, Statistical Discrimination and the Fight against Terrorims in Public International Law, in Religion and International Law (Robert Uerpmann-Wittzack et al., eds.)
Social Science Research Network
Date: May 17, 2017
By: Antje von Ungern-Sternberg
Brill Nijhoff 191-211
This article qualifies the phenomenon of religious profiling, e.g. law enforcement measures based on probabilistic generalisations about religious affiliation, not in terms of the binary concept of racial criminal profiling, but rather as an example of the more general phenomenon of statistical ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Reaction and Retrenchment, in The Supreme Court and the Development of Law
Palgrave Macmilla
Date: 2016
By: Christopher E. Smith
Palgrave Macmillan 175-195
This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners’ claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices’ ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
After Solitary Confinement: A New Era of Punishment?, in After Imprisonment (Austin Sarat ed.)
Emerald Publishing Limited
Date: November 6, 2018
By: Keramet Reiter
77 Studies in Law, Politics and Society; Emerald Publishing Limited 1-29
Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Controversies in American Federalism and Public Policy
Routledge
Date: March 13, 2018
By: Christopher P. Banks
Routledge
This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Race, Rights and Reform: 50 Years of Child Advocacy in the Juvenile Justice System
Routledge
Date: May 8, 2018
By: Kristin Henning, Laura Cohen & Ellen Marrus
Routledge
In 1962, a 15-year-old Arizona boy named Gerald Gault may or may not have made a lewd phone call to a neighbor. Gerald was arrested, prosecuted, removed from his parents’ custody, and sent to a juvenile prison, all without legal representation. Gerald’s mother’s outrage at the treatment of ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
America's Jails: The Search for Human Dignity in an Age of Mass Incarceration
New York University Press
Date: Jun 5, 2018
By: Derek S. Jeffreys
New York University Press
Twelve million Americans go through the U.S. jail system on an annual basis. Jails, which differ significantly from prisons, are designed to house inmates for short amounts of time, and are often occupied by large populations of legally innocent people waiting for a trial. Jails often have ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Burning Down the House: The End of Juvenile Prison
The New Press
Date: Jun 3, 2014
By: Nell Bernstein
The New Press pg. 340
When teenagers scuffle during a basketball game, they are typically benched. But when Will got into it on the court, he and his rival were sprayed in the face at close range by a chemical similar to Mace, denied a shower for twenty-four hours, and then locked in solitary confinement for a month ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
When Good Companies Go Bad: 100 Corporate Miscalculations and Misdeeds
ABC-CLIO
Date: Sep 9, 2014
By: Donald W. Beachler & Thomas Shevory
ABC-CLIO pg. 59
Coauthored by distinguished public policy experts, When Good Companies Go Bad: 100 Corporate Miscalculations and Misdeeds presents a representative sample of cases on a variety of topics, such as the financial sector, health care, environmental protection, product liability, and copyright. This ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Federal Intervention in American Police Departments
Cambridge University Press
Date: Apr 7, 2017
By: Stephen Rushin
Cambridge University Press pg. 143
For much of American history, the federal government has played a limited role in local police regulation. That all changed in 1994, when Congress passed a little known statute that permitted the US Attorney General to reform troubled police departments. Since then, many of the nation's largest ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
The Black Child-Savers: Racial Democracy and Juvenile Justice
University of Chicago Press
Date: 2012
By: Geoff K. Ward
University of Chicago Press pg. 307
In The Black Child Savers, the first study of the rise and fall of Jim Crow juvenile justice, Geoff Ward examines the origins and organization of this separate and unequal juvenile justice system. Ward explores how generations of “black child-savers” mobilized to challenge the threat to black ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Social Work Practice and the Law : Becoming a Collaborative and Critically Competent Practitioner
Springer Publishing Company
Date: Oct. 17, 2011
By: Lyn K. Slater & Kara R. Finck
Springer Publishing Company
This is the first book to give social workers the tools to understand their clients' legal needs and rights and to address them collaboratively and effectively. Lyn Slater and Kara Finck ground their text in a comprehensive grasp of the legal system and the inequities of race, class, and gender ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Race, Rape, and Injustice : Documenting and Challenging Death Penalty Cases in the Civil Rights Era
University of Tennessee Press
Date: December 15, 2012
By: Michael Meltsner & Barrett J. Foerster
University of Tennessee Press
This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever.*
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Leadership Conference on Civil and Human Rights: Oppose the Confirmation of Chad Readler to the U.S. Court of Appeals for the Sixth Circuit
The Leadership Conference on Civil and Human Rights
Date: November 14, 2014
By: Vanita Gupta
Targeted News Service
On behalf of The Leadership Conference on Civil and Hum­­­­an Rights, a coalition of more than 200 national organizations committed to promoting and protecting the civil and human rights of all persons in the United States, the author writes in strong opposition to the confirmation of Chad ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Problem-Solving Criminal Justice and the Ideal of Responsive Courts
Erasmus School of Law
Date: 2011
By: Susan Verbeck
Erasmus School of Law
The United States is achieving good results with the so-called problem solving courts. In the best-known variant, the 'drug court', judges are explicitly concerned with solving the social problem of drug-related crime and thereby give substance to the ideal of 'responsive law'. In her dissertation, ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Effects Department of Justice Investigations have on Violent Crime and Arrest Rates
Walden University
Date: 2018
By: D. Scott Hoffman
Walden University
In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act, which in part gave the Department of Justice, Civil Rights Division (DOJCRD) the power to investigate local law enforcement agencies for Constitutional and civil rights violations. Researchers have found these ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Advocacy Coalitions, Shifting Priorities and Disability Services: An Integrative and Iterative Approach to Exlpaining Policy Change
Oregon State Univeristy
Date: 2018
By: Leanne S. Giordono
Oregon State Univeristy
Under the label “Supported Employment,” services that promote competitive, integrated employment (CIE) for working-age adult with intellectual and developmental disabilities have been federally funded since the 1980s, alongside other more traditional day habilitation and segregated or sub- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Dream Deregulated: The Politics of U.S. Housing Finance, 1968-1985
University of Maryland, College Park
Date: 2013
By: Robert Bruce Henderson
University of Maryland, College Park
This study bridges scholarship on fair housing and community reinvestment with that on the deregulation of housing finance, and contributes to a deeper understanding of the politics of opportunity in the United States during the latter third of the twentieth century. It historicizes the politics of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Crime and the Right to Punish: An American Dilemma
Punishment & Society Journal (Sagepub)
Date: 2011
By: O'Hara K. Shipe
Linkoping University
Patterns of crime and punishment in the USA greatly magnify corresponding developments in other liberal market economies – Australia, Canada, New Zealand and the UK – faced with similar broad macro-technological transformations, namely the collapse of Fordism in the 1970s and 1980s and the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Filiación Homoparental: Necesidad de su Reconocimiento en el Ordenamiento Jurídico Chileno a la Luz de los Derechos Humanos
Universidad de Chile
Date: 2016
By: Ignacio Alberdi Soto & Javiera Paz Mardones Krsulovic
Universidad de Chile
Given the substantial variation suffered by family law in recent years, in response to protected legal assets and the incorporation of new family arrangements, the authors seek discover and illustrate the conception received by our legal reality regarding gender and sexuality, arguing that family ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Kids at the Border: Unaccompanied Child Migration from the Northern Triangle and Mexico
ProQuest Dissertations Publishing
Date: 2016
By: David Carattini
Naval Postgraduate School
This thesis takes a two-part approach to focus on the ongoing rise in unaccompanied migrant children, starting with a brief explanation of why children leave their home countries and how they get to the U.S.–Mexico border, following with the United States’ reaction to the recent surge in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Power, Poverty & Policy: Evaluating Anti-Violence Strategies in the Context of Los Angeles' Skid Row
ProQuest Dissertations Publishing
Date: 2011
By: Kelsey Longmuir
Occidental College
Through interviews, participant observations, and archival research (government documents, congressional reports, and studies; presidential addresses; media sources and journalist accounts; and non-governmental literature, studies, and research) spanning three countries, the project traces the ways ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Fugitive Freedoms: A Race, Politics & Black Culture Circuit Before Civil Rights
ProQuest Dissertations Publishing
Date: 2014
By: Thulani Davis
New York University
This study is an analysis of African American political formations from 1865 to 1900, work that embraced overlapping struggles for civil rights, labor needs, community services, and desires for belonging, expression and self-enrichment. The study shows that emerging African American organizing in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Community Members' Perspectives on the Thurgood Marshall Academic High School Riot: A Case Study of the Effects of Embedded Law Enforcement in High School
ProQuest Dissertations Publishing
Date: 2017
By: Kim-Shree Maufas
University of San Francisco
Despite studies by legal and social-justice organizations pointing to connections between school-based police referrals and arrests that lead youth (particularly of color) into the juvenile-justice courts and criminal courts and are funneling students of color into the school-to-prison pipeline, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
How Classroom Context Impacts the Academic Achievement of English Learners in a New Immigrant Destination
ProQuest Dissertations Publishing
Date: 2015
By: Daniela Torre
Vanderbilt University
The purpose of this dissertation is to begin to build a foundational knowledge around classroom contexts that are productive for English learners in new immigrant destinations. Specifically, I describe the segregation of Els from NESs and access trained ESL teachers as well as the impact of those ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Looking for Leadership: Discovering American Islam in the Muslim Chaplaincy
ProQuest Dissertations Publishing
Date: 2015
By: Harvey Ronald Stark
Princeton University
American Muslim chaplains represent a new type of leadership for American Islam and Muslims living in the United States. Through their institutional work and the fundamental aspects of their profession, which emphasizes pastoral care and healing in a variety of forms, these chaplains are engaged in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Autism Spectrum Disorder Policymaking in New Mexico: An Ethnographic Case Study
ProQuest LLC
Date: 2017
By: Elisheva H. Levin
The University of New Mexico
Understanding how ASD policy is made at the state level is important to the various institutional and individual stakeholders who make, apply, and are governed by it. Critical disability theory was applied to this qualitative study of ASD policymaking in New Mexico. This study examined how ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Reduction in Public Funding For Postsecondary Education in Colorado from 1970 to 2010: A Study Documenting Change and the Resulting Shift from Public to Private Good
ProQuest
Date: 2011
By: Brian D. Burnett
University of Colorado at Colorado Springs
This study examines and chronicles the change in public funding for postsecondary education in Colorado from 1970 to 2010. Colorado was ranked sixth among states in per capita funding for public higher education in 1970 and declined to 48th in 2010. The study analyzed state appropriations over this ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Inclusion, Community, and Social Relationships: A Phenomenological Study of the Experiences of Adults with Intellectual and Developmental Disabilities
ProQuest Dissertations Publishing
Date: 2017
By: Chloe Wilson
Eastern Michigan University
Individuals who are ascribed the label of disability must face the stigma and assumptions of inability that it carries, and those with intellectual and developmental disabilities (IDD) are subjected to speculation that calls into question their capacity for reason, reflection, and morality. The ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Courting Carcerality: The Rise of Paraprisons in the Era of Neoliberal Racial Statecraft
ProQuest Dissertations Publishing
Date: 2016
By: Christopher Francis Petrella
University of California, Berkeley
My project examines the legal, political-economic, and ideological manifestations of the U.S. neoliberal racial state through the lens of parapublic carcerality. I introduce and elaborate the term parapublic carcerality throughout this exploration to describe more accurately the incursionary, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
An Exploratory Study of Leadership as exemplified by Dr. Reginald A. Wilkinson in the Reform of Ohio's Corrections through Prison Programs
ProQuest Dissertations Publishing
Date: 2018
By: Sherri L. Warnock
Union Institute and University
This study focused on Dr. Reginald Wilkinson's application of leadership while serving as director of the State of Ohio's Department of Rehabilitation and Correction from 1991 to 2006. Wilkinson's thirty-three years with the State, serving the last sixteen as director of ODRC, depicted an era ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Mental Health Service Users as Peer Providers in Hawai'i: Understanding Recovery Paths and Perspectives
ProQuest Dissertations Publishing
Date: 2018
By: Christopher C. C. Rocchio
University of Hawai'i at Manoa
The purpose of this study was to examine the lived experiences of Hawaii’s mental health service users in becoming certified peer providers. Qualitative methods were used to understand the perspectives of eight (8) mental health service users trained and credentialed through the Hawaii Certified ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Traumatic Brain Injuries Among Adolescent Inmates in Rikers Island, NYC Jail: A Mixed Methods Study
ProQuest Dissertations Publishing
Date: 2015
By: Cassandra Ramdath
City University of New York
There is a higher prevalance of traumatic brain injury (TBI) among incarcerated population than in the general population. It is possible that head injuries can lead to behavioral difficulties, increasing the risk of criminal justice involvement and custodial difficulties. Principles of bio-social ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
“We Ain’t Scared of No Mayor”: LA’s Skid Row Residents Fight for Their Right to the City
ProQuest
Date: 2010
By: Christine Elizabeth Petit
University of California, Riverside
This dissertation looks the rise and globalization of order-maintenance approaches to policing within the context of broader urban growth trends though a case study of one community organization which is resisting these trends. Under study is the impacts of and resistance to the Safer Cities ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Measuring and Modeling Security and Privacy Laws
ProQuest
Date: 2013
By: Sasha Romanosky
Carnegie Mellon University
This manuscript presents empirical and analytical analysis and discussion of security and privacy laws. The introduction, together with the three substantive chapters each represent separate research papers written as partial fulfillment of my PhD dissertation in the Heinz College, Carnegie Mellon ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Two Roads to Safety: The Central America Human Rights Movement in the United States
ProQuest Dissertations Publishing
Date: 2012
By: David Bassano
State University of New York at Albany
This dissertation examines the efforts of three US NGOs to defend human rights in Central America in the 1980s. It analyzes the campaigns of Amnesty International USA, the National Lawyers Guild, and the Committee in Solidarity with the People of El Salvador, and compares their goals, methods, and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
The Most Restrictive Alternative: The Origins, Functions, Control, and Ethical Implications of the Supermax Prison, 1976 - 2010
Date: 2012
By: Keramet Reiter
University of California, Berkeley
This dissertation examines the birth of the supermax in Arizona and California, and the spread of the institutional innovation across the United States. The research presented here draws on three major categories of data: archival materials, including legal decisions and case files, local news ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Jail America: The Reformist Origins of the Carceral State
ProQuest Dissertations Publishing
Date: 2016
By: Melanie D. Newport
Temple University
As policymakers reckon with how the United States became a global leader in imprisonment after World War II, scholars have suggested that the roots of this phenomenon are in conservative backlash to postwar crime or in federal intervention in American cities during the urban crisis. However, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Mckinney Vento Legislation: A Policy Analysis of the Evolution of Homeless Law in Illinois
ProQuest Dissertations Publishing
Date: 2014
By: Cathleen Wilder Weber
Illinois State University
This policy analysis looks at the evolution of homeless education laws both through federal legislation and state laws. A policy analysis was utilized to show changes through the reauthorization of the McKinney-Vento Act.
One aspect of this analysis utilized qualitative data from four ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Racial Profiling in Reno Nevada
ProQuest
Date: 2014
By: Steven C. Bale
University of Nevada, Reno
In the early 1990s, the topic of racial profiling by law enforcement agencies started to emerge into the arena of public scrutiny. After the State of Nevada did a study in 2001, which was claimed to be faulty, the City of Reno, Nevada and the Reno Police Department decided to initiate a study of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Disability Policy Advocates on Strategy, Deinstitutionalization, and Moving from Intermediate Care Facilities
ProQuest Dissertations Publishing
Date: 2017
By: Beverlyn G. Mendez
University of La Verne
The purpose of this phenomenological qualitative case study was to explore the experiences of advocates who represent organizations that engage in disability policy advocacy. The study investigated the strategies and activities used by disability rights advocates, including those used when ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Teacher Perceptions of Parental Involvement for Students with Educational Disabilities in Elementary Schools
ProQuest
Date: 2018
By: Elizabeth Kenner
Southwest Baptist University
Parental involvement has long been researched and discussed as a positive influence on the educational and social outcomes for students across grade levels. Within our school communities, students who are identified with educational disabilities face increased challenges to decrease the learning ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Home Making in Small-Town America: Mexican and Latina/o Diasporas and Citizenship Practices in the Midwest
ProQuest Dissertations Publishing
Date: 2010
By: Aide Acosta
University of Illinois at Urbana-Champaign
Home Making in Small-town America is an ethnographic study on recent Mexican migration to rural communities of east-central Illinois, and traces the cultural bases of a diasporic community in the context of citizenship and immigration debates. I examine how immigrants transform their world around ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Please Don't Forget About Me: African American Women, Mississippi, and the History of Crime and Punishment in Parchman Prison, 1890-1980
ProQuest Dissertations Publishing
Date: 2015
By: Telisha Dionne Bailey
The University of Mississippi
Despite the vast amount of research covering incarcerated men in the southern prison system from the beginning of the nineteenth century to present, the incarceration of women has gone almost unexamined. As the forgotten offender, historians, criminologist, and others interested in Mississippi ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
A Case Study of the Civil Rights of Institutionalized Persons Act: Reforming the Arizona Department of Juvenile Corrections
ProQuest
Date: 2013
By: Melanie Ann Taylor
Arizona State University
This dissertation examined the long-term reforms at the Arizona Department of Juvenile Corrections following a consent decree with the U.S. Department of Justice from 2004 to 2007. Interviews were conducted with current and former ADJC employees, juvenile justice advocates across Arizona, and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
The Impact of a Structured English Immersion Model on English Language Learners' Reading Achievement
ProQuest Dissertations Publishing
Date: 2018
By: Fred Lugo
Northern Arizona University
Researchers have estimated that by 2030, two of every five American public school students will be acquiring English as second language learners. Providing adequate means by which ELLs can obtain both English language and academic proficiency will be paramount if they are to be successful, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Contextualized Teacher-Training and Racial/Ethnic Tensions in U.S. Schools
California State University, Fresno
Date: 2017
By: Cameron S. Guinn
California State University, Fresno
Public school teachers are required to have specialized training to appropriately address discipline problems and foster positive school culture. Despite good intentions, many teacher-training initiatives fall short of creating an unbiased school atmosphere. This study used data collected by the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Paved with Good Intentions: A Policy Analysis on the Disproportionate Incarceration of People with Mental Illness in Washington State
ProQuest Dissertations Publishing
Date: 2017
By: Sara Marquis
University of Washington
Washington State is currently experiencing an unprecedented surge in incarceration among individuals with mental illness. This policy analysis aims to characterize the structural, judicial, legislative and policy decisions have led to this issue in Washington State, determine the barriers and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Expert Recommendations for the Future of Due Process in Special Education: A Delphi Study
ProQuest Dissertations Publishing
Date: 2016
By: Patricia Metheny
University of La Verne
The purpose of this study was to identify recommendations that a Delphi panel of experts judged to be the most important for the future of due process in special education for avoiding due process hearings. The study also sought to determine and describe the degree of importance and feasibility for ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Taking Three Small Steps Forward in the Journey of Innovation and Diffusion Study
ProQuest Dissertations Publishing
Date: 2016
By: Suk Joon Hwang
Florida State University
The aim of this dissertation is to fill in the vacant spots in the innovation and diffusion study, which are meaningful but have not had much work done previously. Most policy diffusion studies have focused on the adoption of a new policy. However, the diffusion of the repeal of an old policy also ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Multi-Tiered Support System (MTSS) Process to Inform Special Education Eligibility
ProQuest Dissertations Publishing
Date: 2015
By: Verna Elizabeth Neumann (Concordia University Chicago)
Concordia University Chicago
Illinois Administrative Code currently requires that school districts use a process that determines how a student responds to scientific, research-based interventions when determining if a student is eligible for special education services (Guidance Document, 2012). These types of processes are ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
The Evolution of Quality Health Care in the Correctional Facilities of the State of California
ProQuest
Date: 2012
By: Karina Purcell (California State University, Dominguez Hills)
California State University Dominquez Hills
Examples of medical care that both far outshine and fall below the care available to the general public can be found in California jails and prisons. As with public hospitals and clinics this dichotomy can, at times, be found concurrently at the same facility with the same providers. A literature ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Perceptions of special education administrators in the development of career skills necessary in a K-12 setting
ProQuest Dissertations Publishing
Date: 2014
By: Nicholas C. Klemisch (University of North Dakota)
University of South Dakota
Career skills of special education administrators have been loosely defined by each state in which they are employed. This study examined the perceptions of special education administrators regarding state licensing/credentialing requirements in Minnesota, North Dakota, and South Dakota. It also ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Decline to Sign: The Impact of Local Bureaucratic Discretion on Immigrant Victims' Equal Access to the Law
UC San Diego Electronic Theses and Dissertations
Date: 2014
By: Katherine Grant Collins (University of California, San Diego)
University of California, San Diego
In a time of increasingly restrictive U.S. immigration policy, a small category of individuals has been allowed a rare opportunity for inclusion: victims of violent crime. Characterized as a humanitarian island of niceness in a sea of restrictive United States immigration laws, the U-1 non- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
An Analysis of the Lilly Ledbetter Fair Pay Act on the Gender Wage Gap
ProQuest Dissertations Publishing
Date: 2015
By: Latonya S. Guillory
Southern University and Agricultural and Mechanical College
As recent as 2014, women still earned seventy-nine cents for every dollar a man earned. The resulting 21% wage gap begins within one year of a woman graduating from high school, and will likely continue throughout her career. Previous research has cited education, training, productivity, and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Priestess to Witch: Quality of Work Life and Psychological Empowerment among Brewery Employees
ProQuest Dissertations Publishing
Date: 2018
By: Jennifer R. Mastal Adams
University of Phoenix
Women once dominated as brewers around the world. Over time, the development of technology and increases in profitability led to men taking over the industry. Currently, 25% of brewery employees are women. Research shows that dominant groups in the workplace can affect the well-being of non- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Immigration and Language Threat in a Local Newspaper: A Case Study of Hazleton, Pennsylvania
University of Puerto Rico Repository
Date: 2012
By: Matthew D. Kobialka
University of Puerto Rico
This research is a case study of immigration issues in Hazleton, Pennsylvania from 2005 – 2006 in the lead-up to the passage of the Illegal Immigration Relief Act by the city. Using reporting data from the local newspaper, the Hazleton Standard-Speaker, qualitative data from the city, such as ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Policymaking in Florida's Juvenile Justice Education: An Analysis of Three Policy Frameworks
Florida State University
Date: 2017
By: Catherine A. Oakley
Florida State University
The purpose of this dissertation is to provide a better understanding of the policy making process by developing a policy model and a Blended Framework to apply to the Juvenile Justice Educational Enhancement Program policy. Three substantive policy frameworks that are applied to the Juvenile ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Designing Software to Shape Open Government Policy
Princeton
Date: September 2012
By: Harlan Ming-Tun Yu (Princeton)
Princeton
In this dissertation, we explore government’s role as an information provider in the digital age. Rather than struggling, as it currently does, to keep up with the rapid pace of technological change, we contend that government should focus on enabling others to innovate, by publishing its data in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Health Rights Violations of California Women Prisoners
ProQuest Dissertations Publishing
Date: 2012
By: Paromita Pain (University of Southern California)
University of Southern California
A September 13, 2011 report in the Los Angeles Times stated that in a bid to bring down crime rates and reduce recidivism in California, thousands of female inmates who have children would be released to serve the remainder of their sentences at home. But activists working in the area of women and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Indigent Defense in the United States: An Analysis of State Frameworks for Ensuring the Effective Assistance of Counsel
ProQuest Dissertations Publishing
Date: 2017
By: Susan L. Wynne (Sam Houston State University)
Sam Houston State University
Many indigent defense systems across the country lack sufficient resources and the appropriate administrative and operational infrastructure to ensure effective assistance of counsel under the Sixth Amendment. In fact, the literature indicates that many of the country’s indigent defense systems ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Rethinking Consent Decrees: How Federal-Court Decrees in Child Welfare Can Harm Those They Are Supposed to Help and Upset the Federal-State Balance
American Enterprise Institute
Date: June 2016
By: John Bursch & Maura Corrigan
American Enterprise Institute
This report examines the efficacy of consent decrees as a tool for reforming government, with a special focus on decrees governing child-welfare agencies, a subset of consent decrees that has been a growth industry and serves as a straightforward example of a broader problem. The report concludes ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
If Section 5 Falls: New Voting Implications
Brennan Center for Justice
Date: 2013
By: Myrna Perez & Vishal Agraharkar (New York University)
Brennan Center for Justice
For nearly five decades, Section 5 of the Voting Rights Act of 1965 (“VRA”) has been one of the nation’s most effective tools to eradicate racial discrimination in voting. Section 5 prohibits certain states and jurisdictions with histories of voting discrimination from enforcing changes to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Prison and Jail Grievance Policies: Lessons from a Fifty-State Survey
Michigan Law Prison Information Project
Date: October 18, 2015
By: Priyah Kaul, Greer Donley, Benjamin Cavataro, Anelisa Benavides, Jessica Kincaid, Joseph Chatham (University of Michigan Law School, University of Pittsburgh - School of Law)
Michigan Law Prison Information Project
This report summarizes information gathered by analysis of prisoner grievance policies from 53 Departments of Correction (for the Federal Bureau of Prisons, each state, the District of Columbia, and Puerto Rico), and the nation’s 12 largest metropolitan jails. Each policy itself — obtained via ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Documenting Detention: Records of Segregation in Two U.S. Prisons
Society of American Archivists
Date: 2014
By: Jarrett M. Drake (Princeton University)
Society of American Archivists
The following research explores the extent to which American prisons demonstrate accountability through record keeping for instances of inmate segregation. Segregation is a broad prison management tool that correctional facility administrators deploy to maintain safety and order within a prison ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
What Hath HAVA Wrought? Consequences, Intended and Not, of the Post-Bush v. Gore Reforms
MIT Political Science Department
Date: May 18, 2011
By: Charles Stewart III (Massachusetts Institute of Technology)
VTP Working Paper No. 102; MIT Political Science Department Research Paper
The purpose of this paper is to provide a data-focused assessments of the consequences of election administration reforms put in place following the 2000 presidential elections, particularly those supported by the Governor's Task Force on Election Procedures and the Help America Vote Act. The paper ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Sloboda vjere na radnom mjestu u SAD
Centar za napredne studije (Center for Advanced Studies)
Date: 2015
By: Emir Kovačević
Centar za napredne studije pg. 33
The purpose of this publication is to outline the legal framework, law enforcement institutions, and the most important judgments related to protecting workplace freedoms in the United States. It is also intended to present the rights and obligations of both employers and employees in accordance ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Solitary Confinement As a Prison Health Issue, in WHO Guide to Prisons and Health (S. Enggist et al., eds.)
World Health Organization
Date: December 2013
By: Sharon Shalev
World Health Organization 27-35
WHO defines health as a “state of complete physical, mental and social wellbeing, not merely the absence of disease or infirmity”, affirming that health, as defined, is a fundamental human right. Solitary confinement negatively affects all these aspects of health. It is an extreme form of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Rethinking “Death Row”: Variations in the Housing of Individuals Sentenced to Death
Arthur Liman Public Interest Program, Yale Law School
Date: July 9, 2016
By: Celina Aldape, Ryan Cooper, Katherine Haas, Xionan April Hu, Jessica Hunter, Shelle Shimizu, Johanna Kalb, Judith Resnik (Yale University Law School, Loyola University New Orleans College of Law)
Arthur Liman Public Interest Program, Yale Law School
In 2015, individuals sentenced to death in the United States were housed in varying degrees of isolation. Many people were kept apart from others in profoundly isolating conditions, while others were housed with each other or with the general prison population. Given the growing awareness of the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Trump's First Year on Immigration Policy: Rhetoric vs. Reality
Migration Policy Institute
Date: January 2018
By: Sarah Pierce, Jessica Bolter & Andrew Selee
Migration Policy Institute
In an August 2016 campaign speech in Arizona, Republican presidential candidate Donald Trump laid out in ten detailed points the immigration policy he intended to pursue if elected. While it is unreasonable to hold any President strictly accountable for every promise made on the campaign trail, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
In the Age of Trump: Populist Backlash and Progressive Resistance Create Divergent State Immigrant Integration Contexts
Transatlantic Council on Migration
Date: January 2018
By: Margie McHugh
Transatlantic Council on Migration
The paper takes a look at how policy changes being made by the Trump administration and the Republican Congress - and resistance to those changes - are affecting immigrant integration in several arenas. The author also examines the likely consequences of other proposed changes in immigration policy ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
U.S. Immigration Policy under Trump: Deep Changes and Lasting Impacts
Migration Policy Institute
Date: July 2018
By: Sarah Pierce, Jessica Bolter & Andrew Selee
Migration Policy Institute
The fragmented nature of the U.S. political system, in which the executive, the legislature, and the courts— as well as federal, state, and local governments— all have overlapping responsibilities for policy decisions, has made it hard for the Trump administration to pursue its most ambitious ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
A National Shame: The Trump Administation's Separation and Detention of Migrant Families
Washington Office on Latin America
Date: August 28, 2018
By: Adam Isacson, Maureen Meyer & Adeline Hite
Washington Office on Latin America
WOLA’s third and final report in this border series will discuss U.S. authorities’ severe disregard for human rights, and for migrants’ humanity and dignity, before, during, and in the chaotic aftermath of the 50 days during which family separation was official policy. Detailed media ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Beyond Privacy and Security: The Role of the Telecommunications Industry in Electronic Surveillance
Hoover Institution
Date: 2011
By: Mieke Eoyang (Stanford University)
Hoover Institution
This paper will examine national security electronic surveillance through the role of the companies involved: telecommunications companies, Internet service providers, and electronic communications service providers. It focuses on surveillance authorities used to target overseas persons for foreign ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
A Lack of Access: SSA Programs and Experiences of Blind and Visually Impaired People
ARDRAW
Date: 2018
By: Andrew Jenks (University of Delaware)
ARDRAW
American Community Survey (ACS) estimates of employment rates of blind and visually impaired people show that they are employed at one-half of the rate of people without disabilities and one-third for full time employment. Working age blind and visually impaired individuals have relatively high ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Il Carcere al Tempo della Crisi
Fondazione Giovanni Michelucci
Date: December 2013
By: Fondazione Giovanni Michelucci
Fondazione Giovanni Michelucci
On matters concerning prison terms, from affectivity to limited numbers, from life imprisonment to the unconstitutionality of the Fini-Giovanardi law, a change of culture is required. There word must return to the heart and intelligence of men and women who put first place is love for justice and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 9, 2020
Improving Access and Creating Exceptional Opportunities for Students with Disabilites in Public Charter Schools
National Center for Special Education in Charter Schools
Date: October 23, 2013
By: Lauren Morando Rhim & Paul O'Neill
National Center for Special Education in Charter Schools
This report explores the relevant legal framework that shapes special education in the charter sector; outlines both the challenges and opportunities presented by state public charter school laws that create autonomous schools that operate separate from or alongside traditional public school ...
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CASE ADDITIONS
February 9, 2020
Morris v. Travisono
Case Category: Prison Conditions
Trial Docket: 1:69-cv-04192-JJM (D.R.I.)
PC-RI-0006
On October 11, 1969, inmates at the Adult Correctional Institution (ACI) in Rhode Island filed a lawsuit under 42 U.S.C. § 1983 against the Rhode Island Department of Corrections in the U.S. District Court for the District of Rhode Island. Plaintiffs alleged that the defendants had discriminatorily segregated the plaintiffs from the general prison population and placed them in the Behavioral Control Unit (BCU), where they were denied opportunities such as the chance to work, engage in regular prison activities, and attend chapel. The plaintiffs further alleged that the BCU was a serious and unconstitutional health hazard due to poor sanitation and health conditions. On April 20, 1972, the court entered a final consent decree, which became known as the "Morris Rules." After a 1973 prison riot, the Corrections Commissioner suspended the Morris Rules and 18 inmates were transferred into the BCU without any procedural safeguards. Plaintiffs filed for declaratory and injunctive relief, alleging that defendants had violated the consent decree. The court agreed and ordered the Morris Rules' reinstatement. The Morris Rules are still in effect, and multiple inmates have brought suit for alleged violations of the Rules.
View Case Detail (PC-RI-0006)


CASE ADDITIONS
February 9, 2020
Gonzalez v. Ahern
Case Category: Jail Conditions
Trial Docket: 3:19-cv-07423-JSC (N.D. Cal.)
JC-CA-0137
On November 11, 2019 prisoners at Santa Rita Jail in Dublin, California filed this class-action lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the Alameda County Sheriff’s Office, the California Forensic Medical Group and Aramark Correctional Services under 42 U.S.C. § 1981, 1983, and 1988. The plaintiffs claimed that defendants acted in violation of the First, Fourth, Fifth, Eighth and Fourteenth Amendments. Specifically, plaintiffs alleged that Santa Rita’s unsanitary confinement conditions, wrongful denials of attorney visits, failure to provide medical care, and retaliation against inmates for speaking out and filing grievances violated these constitutional rights. The case is ongoing.
View Case Detail (JC-CA-0137)


CASE ADDITIONS
February 9, 2020
Amos v. Hall
Case Category: Prison Conditions
Trial Docket: 4:20-cv-00007 (N.D. Miss.)
PC-MS-0009
On January 14, 2020, prisoners at the Mississippi State Penitentiary in Parchman, Mississippi filed this lawsuit in the U.S. District Court for the Northern District of Mississippi.The plaintiffs sued under 42 U.S.C. § 1983. Plaintiffs alleged that Parchman violated the constitutional ban on cruel and unusual punishment.
View Case Detail (PC-MS-0009)


CASE ADDITIONS
February 9, 2020
[Caption Redacted] DNI/AG 702(h) Cerifications 2018 (July 2019) (702, Cabranes, J.; Tallman, J.; Sentelle, J.)
Case Category: National Security
Trial Docket: [redacted] (FISC)
NS-DC-0133
In March 2018, the DOJ and ODNI submitted for annual certifications for 2018. FISC initially denied these proposed certifications, finding that they did not comply with the statutory requirements or the Fourth Amendment. The government amended their certifications and in September 2019 FISC granted the amended certifications.
View Case Detail (NS-DC-0133)


CASE ADDITIONS
February 8, 2020
People of the State of New York v. Armor Correctional Health Medical Services of NY
Case Category: Jail Conditions
Trial Docket: INDEX NO. 450835/2016 (State Court)
JC-NY-0064
The New York Attorney General sued Armor Correctional Health Medical Services for providing inadequate health services, failing to adequate audit the services that were provided, and still requesting full payment. The parties settled; Armor agreed not to pursue new contracts in New York for three years and to pay the Attorney General's office $350,000, of which $250,000 went to Nassau County as reimbursement for the contract underperformance.
View Case Detail (JC-NY-0064)


CASE ADDITIONS
February 8, 2020
Barroca v. Bureau of Prisons
Case Category: Criminal Justice (Other)
Trial Docket: 1:18-cv-02740-JEB (D.D.C.)
CJ-DC-0005
Summary/Abstract not yet on record
View Case Detail (CJ-DC-0005)


CASE ADDITIONS
February 8, 2020
Buck v. Nessel
Case Category: Public Benefits / Government Services
Trial Docket: 1:19-cv-00286-RJJ-PJG (W.D. Mich.)
PB-MI-0027
On April 15th, 2019, St. Vincent Catholic Charities, a foster care agency, and several of their volunteers filed a complaint in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Michigan Attorney General and the Michigan Department of Health and Human Services (MDHHS) under 42 U.S.C. § 1983. St. Vincent, represented by the Becket Fund for Religious Liberty, claimed that the Attorney General and MDHHS had violated their First and Fourteenth Amendment rights and the Religious Freedom Act by penalizing them for refusing to perform home evaluations of same-sex prospective foster parents. St. Vincent refused to perform the evaluations because of their religious objections to same-sex marriage. On September 26th, 2019, Judge Robert J. Jonker issued a preliminary injunction in favor of St. Vincent, enjoining the State from penalizing them.
View Case Detail (PB-MI-0027)


CASE ADDITIONS
February 8, 2020
Doc Society v. Pompeo
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-03632 (D.D.C.)
IM-DC-0066
In 2019, two U.S.-based documentary film organizations filed this lawsuit under the Administrative Procedures Act against the U.S. State Department in the U.S. District Court for the District of Columbia. The plaintiffs objected to the State Department's new “registration requirement” that required applicants for U.S. visas from abroad to register their social media identifiers from a host of platforms. The policy also gave the Department authority to disseminate the handles abroad. Plaintiffs argued that the requirement exceeded the exceeded the Secretary of State’s authority under the Immigration and Nationality Act and violated their free speech and association rights. This case is ongoing.
View Case Detail (IM-DC-0066)


CASE ADDITIONS
February 7, 2020
Kaiser v. County of Sacramento
Case Category: Jail Conditions
Trial Docket: 2:91-cv-00300-GGH (E.D. Cal.)
JC-CA-0074
This is a class action brought by prisoners in two Sacramento County jails challenging the constitutionality of their conditions of confinement. After the District Court for the Eastern District of California granted limited preliminary relief for overcrowding conditions and certified the proposed class, the parties settled. The County of Sacramento agreed to, among other things, a population cap at the main jail, access to the law library and dental and medical care, and regular opportunities to exercise. The decree has been amended numerous times, with the most recent amendment in 2013.
View Case Detail (JC-CA-0074)


CASE ADDITIONS
February 7, 2020
Bailey v. Michigan Department of Corrections
Case Category: Prison Conditions
Trial Docket: 2:19-cv-13442-DPH-EAS (E.D. Mich.)
PC-MI-0045
In November 2019, women incarcerated at of Huron Valley Correctional Facility for Women filed this class action complaint in the U.S. District Court for the Eastern District of Michigan under 42 U.S.C. § 1983. The plaintiffs alleged that the prison conditions, including harmful mold which causes severe physical and mental harm, violated Eighth and Fourteenth Amendments. The case is ongoing.
View Case Detail (PC-MI-0045)


CASE ADDITIONS
February 7, 2020
Securus Technologies v. Florida Department of Corrections
Case Category: Prison Conditions
Trial Docket: 84039055 (State Court)
PC-FL-0030
The Florida Department of Corrections invited telecommunications vendors to submit bids for their new phone services contract. In negotiations with Securus and other vendors, the Department emphasized their desire for value-added services instead of remitting a portion of revenue back to the Department. Securus filed this lawsuit claiming that the negotiation process overstepped the Department's powers.
View Case Detail (PC-FL-0030)


CASE ADDITIONS
February 7, 2020
U.T. v. Barr
Case Category: Immigration and/or the Border
Trial Docket: 1:20-cv-00116-EGS (D.D.C.)
IM-DC-0068
On January 15, 2020, six asylum seekers and two non-profits filed this lawsuit in the U.S. District Court for the District of Columbia, challenging the Trump Administration's new policy of removing asylum seekers to Guatemala pursuant to an "asylum cooperative agreement." The plaintiffs alleged violations of the APA, INA, and the U.S. Constitution, and sought declaratory and injunctive relief.
View Case Detail (IM-DC-0068)


CASE ADDITIONS
February 6, 2020
Rogers v. Maryland Department of Public Safety and Correctional Services
Case Category: Prison Conditions
Trial Docket: 1:19-03090-ELH (D. Md.)
PC-MD-0013
Summary/Abstract not yet on record
View Case Detail (PC-MD-0013)


CASE ADDITIONS
February 6, 2020
City of Seattle v. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:19-cv-07151 (N.D. Cal.)
IM-CA-0151
On October 29, 2019, the City of Seattle and a group of non-profit organizations filed this lawsuit in the Northern District of California, challenging USCIS' new fee waiver policies which made it substantially more difficult for naturalization applicants to obtain waivers. The plaintiffs alleged violations of the Administrative Procedure Act and federal law. On December 11, 2019, the Court issued a nationwide preliminary injunction enjoining the policies.
View Case Detail (IM-CA-0151)


CASE ADDITIONS
February 5, 2020
Beaubrun v. United States
Case Category: Prison Conditions
Trial Docket: 5:19-cv-00615 (M.D. Fla.)
PC-FL-0033
Six female prisoners allege that they were sexually abused while in the custody of the federal prison system. They allege that the facility knowingly retained correctional officers who had a history of sexual assault and created a culture which made it almost impossible to report their abuse.
View Case Detail (PC-FL-0033)


CASE ADDITIONS
February 5, 2020
Pars Equality Center v. Pompeo
Case Category: Immigration and/or the Border
Trial Docket: 2:18-cv-01122 (W.D. Wash.)
IM-WA-0040
On July 31, 2018, two non-profit organizations and fifteen individuals filed this class action lawsuit in the U.S. District Court for the Western District of Washington. The plaintiffs challenged the Trump Administration's implementation of the waiver provision of the Travel Ban (Presidential Proclamation No. 9645), alleging that it violates the Administrative Procedure Act and the Fifth Amendment. The case was transferred to the Northern District of California and is ongoing.
View Case Detail (IM-WA-0040)


CASE ADDITIONS
February 5, 2020
State of Washington v. United States of America
Case Category: Immigration and/or the Border
Trial Docket: 2:18-cv-00939-RAJ (W.D. Wash.)
IM-WA-0037
On June 26, 2018, a coalition of states filed this lawsuit challenging the Trump Administration's practice of refusing entry to asylum applicants at the Southwestern border, as well as its family separation policy. The case was transferred to the Southern District of California and is currently being held in abeyance until litigation in a similar case, Ms. L v. ICE, concludes.
View Case Detail (IM-WA-0037)


CASE STUDIES
February 4, 2020
"Processes and Practices Associated With Reporting and Investigation of Sexual Misconduct Within Prison: A Novel Case Study Constructed Through Litigation Documents"
Criminal Justice Policy Review
Date: Nov. 27, 2018
By: Sheryl Kubiak, Deborah Bybee, Rebecca Campbell, Gina Fedock, Kathleen Darcy, Christy Cummings (Wayne State Faculty)
31 Crim. Just. Pol'y Rev. 182-205 (2020)
The reporting and investigation of sexual assault within prison is complex. Although prevalence data are available, there is little known about the processes and case attrition within prison that mirror the attrition in the community between reporting, investigation, and outcomes. This critical ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Walling Off Liberty: How Strict Immigration Enforcement Threatens Privacy and Local Policing
Cato Institute Policy Analysis
Date: 2018
By: Matthew Feeney
Cato Institute Policy Analysis
During his campaign, Donald Trump vowed to aggressively ramp up immigration enforcement. Among the most notable of the president’s proposals were an “extreme vetting” procedure for those seeking admission to the United States, a wall along the southern border, a crackdown on so-called “ ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Evidence and Actions on Mortgage Market Disparities: Research, Fair Lending Enforcement, and Consumer Protection
Housing Policy Debate
Date: 2018
By: Marsha J. Courchane & Stephen L. Ross
Housing Policy Debate
In this article, we present an overview of the research on discrimination in mortgage underwriting and pricing, the experiences of minority borrowers both prior to and during the financial crisis, and federal efforts to mitigate foreclosures during the crisis. We next discuss the history of legal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Rigging the Real Estate Market: Segregation, Inequality and Disaster Risk
The Data Center
Date: 2018
By: Stacy Seicshnaydre, Robert A. Collins, Cashauna Hill, Maxwell Ciardullo (Tulane Law School, Dillard University, Greater New Orleans Fair Housing Action Center)
Data Center Research
New Orleans history and culture is rooted in a unique sense of place. Yet beneath a shared sense of tradition and culture lies another reality marked by separation and disadvantage. The historical and contemporary dividing lines in New Orleans, like in most American cities, fall along categories ( ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Revving Up the Deportation Machinery: Enforcement and Pushback under Trump
Migration Policy Institute
Date: May 2018
By: Randy Capps et al.
Migration Policy Institute
This report focuses on interior immigration enforcement during the Trump administration and in particular the activities of ICE, the DHS agency responsible for interior enforcement. Over the course of six months, Migration Policy Institute (MPI) researchers visited 15 jurisdictions in seven states, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Refugee Reception and Perception: US Detention Camps and German Welcome Centers
Fordham International Law Journal
Date: March 31, 2017
By: Valeria Gomez & Karla Mari McKanders (Volunteer Immigrant Defense Advocates, Vanderbilt University, School of Law)
40 Fordham Int'l L.J. 523-560
The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay compares the treatment of asylum seekers at reception in United States and Germany through each ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Further Clarity on Cooperation and Morality
Journal of Medical Ethics
Date: April 2017
By: David S. Oderberg
43 J. Med. Ethics 192-200
I explore the increasingly important issue of cooperation in immoral actions, particularly in connection with healthcare. Conscientious objection, especially as pertains to religious freedom in healthcare, has become a pressing issue in the light of the US Supreme Court judgement in Hobby Lobby ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
A Case Study of Descriptive Representation: The Experience of Native American Elected Officials in South Dakota
The American Indian Quarterly
Date: Summer 2017
By: Jean Reith Schroedel & Artour Aslanian
41 Am. Indian Q. 250-286
Political equality, according to Sydney Verba, "refers to the extent to which citizens have an equal voice in governmental decisions" and encompasses not only voting but also being able to hold political office without having to overcome institutional and statutory barriers.1 Yet one of the most ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Integrating Evidence-Based Practices Into Judicial Sentencing in the Wake of Realignment's Split Sentencing
Golden Gate University Law Review
Date: May 2018
By: Camille Frausto (Golden Gate University School of Law)
48 Golden Gate U. L. Rev. 207-226
Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Sanctuary: K-12 School Districts in Agricultural Communities
San Joaquin Agricultural Law Review
Date: 2017
By: Cecilia Barnes
27 S.J. Agric. L. Rev. 115-139
This comment was initiated some eight months after the Executive Order was issued and well after the Executive Order’s enforcement had been challenged by multiple lawsuits on constitutional grounds. A federal judge eventually ruled that the Executive Order was unconstitutional and permanently ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
The Third - and Likely Fourth - Death of the Refugee Protection Act: Sensible Changes to Asylum Still Required
Temple Political & Civil Rights Law Review
Date: 2012
By: Scott Kuhagen
21 Temp. Pol. & Civ. Rts. L. Rev. 567-598
Part I will provide an overview of the asylum adjudication system in the United States and relevant law, as well as a summary of the main provisions of the Refugee Protection Act of 2010. Part II will examine in detail the changes that the bill would have made to current law and the motivations ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Forced Integration of Gay, Bisexual and Transgendered Inmates in California State Prisons: From Protected Minority to Exposed Victims
Southern California Interdisciplinary Law Journal
Date: 2010
By: Alexander Lara
19 S. Cal. Interdis. L.J. 589-613
This Note seeks to evaluate the background and application of administrative segregation of gay, bisexual, and transgendered inmates in Men’s Central and the repercussions of introducing previously segregated inmates into the general population of California state prisons. In doing so, this Note ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
The Future of Discriminatory Local Ordinances Aimed at Regulating Illegal Immigration
Washington and Lee Journal of Civil Rights and Social Justice
Date: 2010
By: John Ryan Syllaios
16 Wash. & Lee J. Civil Rts. & Soc. Just. 639-670
First, this Note will discuss the two primary catalysts of the general public’s negative sentiment toward illegal immigrants: (1) economic concerns and (2) anxiety concerning increased criminal activity. Next, this Note will analyze the potential constitutional infirmities of the ordinances ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Permissive Joinder Under the Prison Litigation Reform Act: More Than Just a Procedural Tool
Lewis and Clark Law Review
Date: February 17, 2011
By: Caitlin Overland
15 Lewis & Clark L. Rev. 289-314
This Comment seeks to explore the circuit split on whether prisoners seeking pauper status may join similar claims together under the Prison Litigation Reform Act. I argue that joinder must be allowed under the PLRA for two main reasons. First, barring joint prisoner suits may act to inhibit needed ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
One Size Fits All: Unaccompanied Alien Children and the Right to Appointed Counsel
Penn State Journal of Law & International Affairs
Date: June 2018
By: Ginny Nunez
6 Penn. St. J.L. & Int'l Aff. 389-426
This comment will argue that unaccompanied alien children have a due process right to appointed counsel at the government’s expense. These children make up a vulnerable class, confront a complex adversarial system, and are at severe risk for the deprivation of liberty. For these reasons, this ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 3, 2020
Keeping Homeless Kids Homeless: How the Homeless Children and Youth Act Addresses Children Who Are Excluded from Receiving Housing
The John Marshall Law Review
Date: Winter 2013
By: Sarah Katherine Hess
47 J. Marshall L. Rev. 769-794
This Comment examines a solution for the unique circumstances that allow over one million children to be defined as "homeless" by some federal programs but precludes them from the actual housing programs that could end their homelessness. In Part I, this Comment lays out the General and Youth ...
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CASE ADDITIONS
February 3, 2020
G.P., I.S., and E.A. v. Montgomery Public Schools
Case Category: Education
Trial Docket: 11-59, 11-60, and 11-61 (No Court)
ED-AL-0005
Summary/Abstract not yet on record
View Case Detail (ED-AL-0005)


ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Exploring Trauma-Informed Practice in Public Child Welfare Through Qualitative Data-Mining of Case Records
Journal of Public Child Welfare
Date: 2018
By: Sarah Taylor, Claire Battis, Sarah Carnochan, Colleen Henry, Margaret Balk & Michael J. Austin (California State University, University of California, Berkeley, Hunter College, City University of New York)
J. Pub. Child Welfare
The overwhelming majority of youth in the child welfare system (CWS) have experienced trauma. This qualitative data-mining study of case records explores how trauma manifests in child welfare and how child welfare workers engage youth who have experienced trauma. Case records revealed that youth ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
When Whiteness Creeps Back In: An Analytic Look at Whitness in Urban Education School Reform
Whiteness and Education
Date: October 17, 2018
By: Cheryl Matias & Jeremy Rucker
3 Whiteness & Educ. 103-121
This paper presents an analysis of how education reform in Denver Public Schools (DPS) fails to reach its targeted goal of closing achievement gaps between white students and Students of Colour based on its investment in Whiteness. Using a theoretical framework grounded in critical whiteness ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
For Law and Markets: Employment Discrimination Lawsuits, Market perfomrance and Managerial Diversity
American Journal of Sociology
Date: January 2018
By: Elizabeth Hirsch, YoungJoo Cha (University of British Columbia, Indiana University)
123 Am. J. Soc. 1117-1160
Drawing on institutional theories of corporate response to the law, the authors investigate if and how employment discrimination litigation promotes gender and race equality among targeted firms. Using data on 171 high-profile sex and race discrimination lawsuits settled against publicly traded ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Receiverships in the Prison Litigation Context: Factors Necessary for an Effective Judicial Remedy of Last Resort
Cardozo Public Law, Policy & Ethics Journal
Date: August 23, 2011
By: Liat Weingart
9 Cardozo Pub. L. Pol'y & Ethics J. 193-238
This article addresses the most invasive of judicial equitable remedies in institutional reform litigation: the receivership. Unlike other equitable remedies, the receivership completely displaces the leadership of an executive agency in order to force it to comply with its constitutional ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Digging Out of the Hole: Arguments Against the Use of Juvenile Solitary Confinement in Kentucky
Kentucky Law Journal
Date: 2016
By: Mary Ann Lee (University of Kentucky)
105 Ky. L.J. 151-175
Part I of this Note begins with an explanation of the practices commonly employed by states that authorize solitary confinement, an examination of the changing landscape of punitive solitary confinement across America, and a description of Kentucky's practices. Part II discusses the scientific ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Litigating Bail Money Away: A Dim Future for the Status of the Poor Under the 14 Amendment
Social Science Research Network
Date: March 6, 2017
By: Mel Gonzales
Draft CJ-MO-0008
In this essay, first, I contextualize the current bail system, drawing on criminal justice and social science research, to reveal a dim picture of the inequities it produces. I then overview the growing movement for bail reform, focusing on the recent package of lawsuits brought by Equal Justice ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Courts and the Penal State: Lessons from California's Decades of Prison Litigation and Expansion
California Journal of Politics and Policy
Date: October 26, 2013
By: Jonathan Steven Simon
5 Cal. J. Pol. & Pol'y 252-265
The Supreme Court’s 2011 Brown v. Plata decision may mark a turning point in the history of mass incarceration in California and nationwide. Between the mid-1970s and 2009 the California prison population grew absolutely and relative to population every year, expanding more than any other large ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
The Underexplored World of Remedial law in Public Administration Scholarship: An Examination and Proposed Research Agenda
Administration & Society
Date: July 24, 2012
By: Joshua Chanin
46 Admin. & Soc'y 276-300
Remedial law involves the use of litigated reform and injunctive relief to bring misfeasant state and local bureaucracies in line with federal law. This article highlights the need for further scholarly engagement with remedial law. It also indicates that within each stage of the remedial process ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Early Stages of Pattern or Practice Police Misconduct Reform: An Examination of the Department of Justice's Investigation and Negotiation Processes
Police Quarterly
Date: May 23, 2017
By: Joshua Chanin
20 Police Q. 250-274
This essay focuses on two significant blind spots in knowledge of the Justice Department’s (DOJ) pattern or practice police misconduct initiative: (a) DOJ investigation of alleged systemic police misconduct and (b) the negotiation that defines the terms of the settlement agreements between the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Freeing the Most Vulnerable: Litigation Tools to Reduce the Disabled Prisoner Population
UCLA Criminal Justice Law Review
Date: 2017
By: Eric Balaban
1 UCLA Crim. Just. Rev. 1-34
Hundreds of thousands of men, women, and children with disabilities are incarcerated. They face discrimination and endure conditions that can be life-threatening in prisons and jails that are ill equipped to house and treat them. This Article describes how litigation can be used to divert disabled ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
State Attorneys General as Agents of Police Reform
Duke Law Journal
Date: February 27, 2019
By: Jason Mazzone, Stephen Rushin (University of Illinois College of Law, Loyola University Chicago School of Law)
69 Duke L.J.
This Article provides a cautionary tale about uses of parens patriae by state attorneys general and an alternative. It urges that the common law doctrine of parens patriae should not allow state attorneys general to seek equitable relief in federal district court against local police departments ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Mandating Change: The Impact of Court-Ordered Policy Changes on Managerial Diversity
Industrial and Labor Relations Review
Date: September 8, 2016
By: Elizabeth Hirsch, YoungJoo Cha
70 ILR Rev. 42-72
Although complying with and monitoring court-mandated changes in organizations’ policies following employment discrimination lawsuits can be costly to both employers and taxpayers, little is known about the impact of such mandates on increasing sex and race managerial diversity in organizations ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Prison Privatization: A Politics of Sight
EBSCO
Date: 2017
By: Ellie Fuller
18 Hinckley J. Pol. 23-30
Many politicians support prison privatization under the guise that it will save taxpayers money. But in its implementation, prison privatization can have disastrous and disgusting consequences for prisoners and prison employees. In this paper, I will examine the ways in which prison administrations ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Native American Agriculturalist Movements in Oklahoma
UCLA American Indian Studies Center
Date: 2017
By: Randy A. Peppler, Randall S. Ware
41 Am. Indian Culture & Res. J. 73-86
In grassroots efforts, Native American agriculturalists in Oklahoma have been decolonizing their agricultural livelihoods by creating business enterprises and establishing seed saving and food sovereignty initiatives. In part these efforts have been born of, and reveal, ongoing power struggles with ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
You Cannot Live Here: Restrictive Housing Ordinances as the New Jim Crow
Social Science Research Network
Date: August 25, 2013
By: Prerna Lal
After the failure of comprehensive immigration reform in 2006 and 2007, hundreds of municipalities considered and enacted ordinances to allegedly combat “illegal immigration.” In reviewing restrictive housing ordinances in three different residential areas — Hazleton, PA, Valley Park, MO, and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Reforming Mental Health Services for Children in Foster Care: The Role of Child Welfare Class Action Lawsuits and Systems of Care
Families in Society: The Journal of Contemporary Social Services
Date: May 3, 2018
By: Elizabeth Oppenheim et al.
93 J. Contemp. Soc. Services 287-294
During the last 3 decades, implementation of systems of care and child welfare class action litigation have been common, often parallel, strategies used to improve the provision of mental health services for children. This article examines the extent to which the requirements of child welfare ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Profiling and Consent: Stops, Searches and Seizures after Soto
Columbia Law School Scholarship Repository
Date: 2010
By: Jeffery Fagan, Amanda Geller (Columbia Law School)
5th Annual Conference on Empirical Legal Studies Paper
Following Soto v State (1999), New Jersey was among the first states to enter into a comprehensive Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state ...
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ARTICLES THAT USE THE CLEARINGHOUSE
February 2, 2020
Fulfilling U.S. Commitment to Refugee Resettlement: Protecting Refugees, Preservign National Security & Building the U.S. Economy Through Refugee Admissions
Texas A&M Law Review
Date: 2018
By: Syrian Refugee Resettlement Project
5 Tex. A&M L. Rev. 155-236
At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under ...
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CASE ADDITIONS
February 1, 2020
Morgan v. Sproat
Case Category: Juvenile Institution
Trial Docket: 3:75-cv-00021-TSL-RHW (S.D. Miss.)
JI-MS-0003
On February 4, 1975, juveniles confined at the Oakley Training School, a Mississippi state institution, filed a class action lawsuit against the Department of Youth Services in the United States District Court for the Southern District of Mississippi under 42 U.S.C. § 1983. The plaintiffs sought injunctive relief, alleging that OTS violated their right to due process. On April 18, 1977, the court found that OTS did violate the plaintiffs' constitutional rights and issued an injunction ordering the defendants to develop better policies. On May 24, 2001, plaintiffs moved to submit a supplemental complaint, alleging the unconstitutional conditions persist at OTS, but the motion was denied. However, as of February 1, 2020, the case seems to be ongoing.
View Case Detail (JI-MS-0003)


CASE ADDITIONS
February 1, 2020
Young v. Azar
Case Category: Public Benefits / Government Services
Trial Docket: 1:19-cv-03526 (D.D.C.)
PB-DC-0010
This is one of a series of cases challenging the Trump Administration's decision to allow states to impose eligibility requirements on Medicaid beneficiaries. A group of Michigan Medicaid beneficiaries sued the U.S. Department of Health and Human Services to block its decision to allow Michigan to impose work requirements and payment obligations on them. The plaintiffs claimed that DHHS' actions violated the Administrative Procedure Act, the Social Security Act, and the Constitution.
View Case Detail (PB-DC-0010)


CASE ADDITIONS
February 1, 2020
Miranda-Olivares v. Clackamas County
Case Category: Immigration and/or the Border
Trial Docket: 3:12-cv-02317-ST (D. Or.)
IM-OR-0004
This § 1983 lawsuit was filed in December 2012 against a county jail in Oregon. The plaintiff claimed violations of her 14th and 4th Amendment rights due to her continued detention based solely on a detainer order issued by Immigration and Customs Enforcement (ICE). The court granted partial summary judgment to both parties in April 2014, finding for the plaintiff on her 4th Amendment claim. The parties settled before trial and the plaintiff was awarded $30,100.00 as well as attorneys fees and costs.
View Case Detail (IM-OR-0004)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 31, 2020
National Association of the Deaf Announces Landmark Settlement with Harvard to Improve Online Accessibility
Date: Nov. 27, 2019
(Disability Rights Education & Defense Fund)
Press release announcing the proposed settlement between Harvard University and the National Association of the Deaf. *
View Link Detail  


CASE ADDITIONS
January 31, 2020
National Association of the Deaf v. Harvard University
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 3:15-cv-30023 (D. Mass.)
DR-MA-0006
Summary/Abstract not yet on record
View Case Detail (DR-MA-0006)


CASE ADDITIONS
January 31, 2020
Allison v. Allen
Case Category: Criminal Justice (Other)
Trial Docket: 1:19-cv-01126 (M.D. N.C.)
CJ-NC-0009
On November 12, 2019, three indigent individuals awaiting trial and confined in the Alamance County jail in North Carolina filed a class-action lawsuit to challenge Alamance County’s wealth-based bail-setting and detention system. This lawsuit was filed in the U.S. District Court for the Middle District of North Carolina. Represented by the ACLU and the Civil Rights Corps, the plaintiffs argued that they, unlike wealthier individuals awaiting trial, remain detained and have been denied their fundamental constitutional rights and basic procedural protections simply as a result of their inability to pay bail. The parties are in the process of reaching a settlement. They requested and have been granted a postponement of the hearing on the plaintiffs’ motion for preliminary injunction. The motion hearing is scheduled for March 16, 2020.
View Case Detail (CJ-NC-0009)


CASE ADDITIONS
January 31, 2020
HIAS, Inc. v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 8:19-cv-03346-PJM (D. Md.)
IM-MD-0013
On November 21, 2019, three refugee resettlement agencies filed this lawsuit against the Trump Administration in the U.S. District Court for the District of Maryland, alleging that Executive Order 13888 violates the Refugee Act, the Administrative Procedure Act, and principles of federalism. The plaintiffs' motion for a preliminary injunction enjoining the Order was granted on January 15, 2020. The case is ongoing.
View Case Detail (IM-MD-0013)


ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Dynamic Surveillance: Evolving Procedures in Metadata and Foreign Content Collection after Snowden
Hastings L.J.
Date: December 2014
By: Peter Margulies (Roger Williams University School of Law Faculty)
66 Hastings L.J. 1-76
This Article outlines a dynamic conception of national security surveillance that justifies programs disclosed by Edward Snowden but calls for greater transparency and accountability in the wake of Snowden's revelations. The dynamic conception supports the legality of section 215 of the USA Patriot ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Empirical Analysis of Data Breach Litigation
J. Empirical Legal Stud.
Date: 01/17/2014
By: Sasha Romanosky, David Hoffman & Alessandro Acquisti (New York University School of Law Faculty)
11 J. Empirical Legal Stud. 74-265
In recent years, many lawsuits have been filed by individuals seeking legal redress for harms caused by the loss or theft of their personal information. However, very little is known about the drivers, mechanics, and outcomes of those lawsuits, making it difficult to assess the effectiveness of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
The Politics of Immigrant Rights: Between Political Geography and Transnational Interventions
Mich. St. L. Rev.
Date: 2018
By: Deborah M Weissman, Jacqueline Hagan, Ricardo Martinez Schuldt & Alyssa Peavey (University of North Carolina School of Law Faculty)
2018 Mich. St. L. Rev. 117-188
This Article explores how political geography and the politics of immigration devolution create varying legal environments in which immigrants assert their rights. It argues that the apparent breach of the federal government's commitment to constitutional and statutory rights has created the need ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Our Taxes Are Too Damn High: Institutional Racism, Property Tax Assessments, and the Fair Housing Act
Nw. U. L. Rev.
Date: 2018
By: Bernadette Atuahene (Chicago-Kent College of Law Faculty)
112 Nw. U. L. Rev. 1501-1564
To prevent inflated property tax bills, the Michigan Constitution prohibits property tax assessments from exceeding 50% of a property's market value. Between 2009 and 2015, the City of Detroit assessed 55%-85% of its residential properties in violation of the Michigan Constitution, and these ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Sunlight Is The Best Disinfectant: The Role of the Media in Shaping Immigration Policy
Mitchell Hamline L. Rev.
Date: 2018
By: Ana Pottratz Acosta (Mitchell Hamline School of Law Faculty)
44 Mitchell Hamline L. Rev. 803-868
This article examines these questions by analyzing the role of the press in shaping immigration policy by the Obama and Trump Administrations with respect to two groups: Central American asylum seekers—particularly unaccompanied minors and family units—and Syrian refugees. The article first ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Grassroots Challenges to the Effects of Prison Sprawl on Mental Health Services for Incarcerated People
Fordham Urb. L.J.
Date: 2018
By: Stefen R. Short
45 Fordham Urb. L.J. 437-498
This Article argues that only through grassroots approaches can movement lawyers, activists, and advocates address the underlying geographical problems causing the overuse of video teleconferencing, and other quality of care deficiencies, in New York State prisons. Though Eighth Amendment ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Louisiana Angola Penitentiary: Past Time to Close
Loy. J. Pub. Int. L.
Date: 2018
By: William Quigley (Loyola University New Orleans College of Law Faculty)
19 Loy. J. Pub. Int. L. 163-222
Louisiana has persisted in its scheme to intentionally incarcerate more of its people than any state in the country. For that reason, this article details the horrendous history and current operation of the Louisiana State Penitentiary at Angola and calls for its closure. Louisiana has proven again ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 30, 2020
Challenges Facing LGBT Youth
Geo. J. Gender & L.
Date: 2016
By: Allison S. Bohm, Samantha Del Duca, Emma Elliott, Shanna Holako & Alison Tanner (Georgetown University Law Center Law Student)
17 Geo. J. Gender & L. 125-174
This Article will discuss the myriad challenges faced by lesbian, gay, bisexual, and transgender (LGBT) youth in the United States. The Article will focus on LGBT issues in school as well as the issues faced by families with LGBT children, including increased risk of violence, abuse, housing ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 30, 2020
Department of Homeland Security v. Thuraissigiam
Date: 01/22/2020
By: ScotusBlog
Docket and filings.
Issue: Whether, as applied to the respondent, 8 U.S.C. § 1252(e)(2) is unconstitutional under the suspension clause.*
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CASE ADDITIONS
January 30, 2020
Morales v. Hickman
Case Category: Criminal Justice (Other)
Trial Docket: 06-0219 (N.D. Cal.)
CJ-CA-0004
On January 11, 2006, several inmates at the California state prison at San Quentin filed this lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983 against the California Department of Corrections. The plaintiffs were all scheduled for execution by legal injection and alleged that the execution procedures violated their Eighth Amendment protection against cruel and unusual punishment. They further alleged that the paralytic agent pancuronium bromide disguises the pain and suffering the prisoner is subjected to during execution, which masks the constitutional violation. During the course of this lawsuit the United States Supreme Court decided the case of Baze v. Rees on April 16, 2008. In that case, the Court upheld Kentucky's lethal injection protocol, which uses the same three-drug combination as California's amended protocol. The Court further held that "a lethal injection protocol substantially similar to the protocol upheld [in this case] would not create a risk" that is "substantial when compared to the known and available alternatives." On December 10, 2010 the US District Court for the Northern District of California denied the defendant's motion to dismiss for failure to state a claim. However, the Court stated that it "intends to monitor closely the scope and pace of any additional discovery so that the merits of Plaintiff's claims can be adjudicated properly." On November 7, 2014 the Criminal Justice Legal Foundation filed a lawsuit in Sacramento County Superior Court against the California Department of Corrections and Rehabilitation (CDCR) on behalf of two individuals whose family members had been murdered by current death row inmates who are plaintiffs in Morales v. Hickman. The case was called Winchell & Alexander v. Beard and the plaintiffs alleged that as relatives of the victims they had been denied justice by the continued delays of the executions. The case settled when the CDCR agreed to promulgate a single-drug lethal injection protocol in June 2015. On October 27, 2015 CDCR submitted its notice of proposed adoption of lethal injection regulations to the Office of Administrative law. The notice was published in the California Regulatory Notice Register on November 6, 2015. The death penalty will likely appear on the November 2016 ballot in California, as opponents have proposed measures to abolish it while proponents are proposing measures that would reform and speed up the death penalty process. After Governor Newsom's Executive Order Issued in March of 2019 placing a moratorium on the death penalty, the parties began settlement negotiations. As of January 2020 the parties were engaged in settlement talks.
View Case Detail (CJ-CA-0004)


CASE ADDITIONS
January 30, 2020
Capital Area Immigrants' Rights (CAIR) Coalition v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-02117 (D.D.C.)
IM-DC-0063
On July 16, 2019, two non-profits representing asylum seekers brought this suit against the Trump Administration, challenging an interim final rule barring asylum eligibility for individuals crossing the southern border without first requesting protection in a third country. Claiming the rule violated federal law and the Fifth Amendment, the plaintiffs requested declaratory judgment and a nationwide injunction. The case is ongoing.
View Case Detail (IM-DC-0063)


CASE ADDITIONS
January 30, 2020
Padilla v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 2:18-cv-00928 (W.D. Wash.)
IM-WA-0038
Three plaintiffs, mothers of minor children, filed this class action complaint challenging the federal government's forcible separation of minor children from their parents, as well as its practice of prolonging the separation by failing to conduct credible fear interviews in a timely manner and its practice of excessively prolonging the detention of asylum seekers by delaying their bond hearings. They plan not to pursue the separation claims, pending the government's compliance with a nationwide injunction against family separation, but they continue to seek relief for the bond hearings claims. The district court certified two classes; the Credible Fear Interview Class and the Bond Hearing Class. The district court ordered a preliminary injunction, mandating that the government conduct bond hearings within seven days of a bond request and finding that denying bond hearings to these class members is unconstitutional. The government's appeal of this preliminary injunction is currently pending before the Ninth Circuit.
View Case Detail (IM-WA-0038)


ARTICLES THAT USE THE CLEARINGHOUSE
January 29, 2020
In a Desert Selling Water: Expanding the U-Visa to Victims of Notario Fraud and Other Unauthorized Practices of Law
Rutgers Race & L. Rev.
Date: 2013
By: Olivia Quinto (Rutgers School of Law Law Student)
14 Rutgers Race & L. Rev. 203-250
Washington's paralysis with immigration reform is sustaining an invidious industry: immigration fraud. The unauthorized practice of immigration law (known as UPIL) by fraudulent providers has victimized and bilked hard-working immigrants around the country with promises to deliver immigration ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 29, 2020
Loaded Weapon Revisited: The Trump Era Import of Justice Jackson's Warning in Korematsu
Asian Am. L.J.
Date: 2017
By: Eric K. Yamamoto, Maria Amparo Vanaclocha Berti, & Jaime Tokioka (University of Hawai'i School of Law Faculty)
24 Asian Am. L.J. 5-47
The Article then reviews in Korematsu's wake the recent court struggles over judicial independence in national security and civil liberties controversies, recognizing both a "modicum of progress" and the risk of backsliding. At bottom, in charting the judicial role, the Article calls for an ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 29, 2020
Eroding Immigration Exceptionalism: Administrative Law in the Supreme Court's Immigration Jurisprudence
U. Cin. L. Rev.
Date: 2018
By: Kate Aschenbrenner Rodriguez (Barry University School of Law Faculty)
86 U. Cin. L. Rev. 215-264
This Article analyzes the application of administrative law principles in the Supreme Court's recent immigration jurisprudence, from the October 2010 through the October 2016 terms, to determine whether this slow and uneven erosion of the theory of immigration exceptionalism holds true on a larger ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 29, 2020
Incapacitating Motherhood
U.C.D. L. Rev.
Date: 2018
By: Priscilla A. Ocen (Loyola Law School Los Angelos Faculty)
51 U.C.D. L. Rev. 2191-2246
This Article aims to bridge this discursive gap by highlighting the specific ways in which incapacitation has been used as a means to regulate the bodies and reproductive capacities of marginalized women. The Article advances this claim in three ways. First, by mapping the historical function of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 29, 2020
The Statute Whose Name We Dare Not Speak: EMTALA and the Affordable Care Act
J. Gender Race & Just.
Date: 2013
By: David W. Koeninger
16 J. Gender Race & Just. 139-186
This Article locates the Obama Administration's health care reform efforts-namely the Patient Protection and Affordable Care Act-within an overarching narrative about the consequences, some of them unintended, of health care statutes. The particular statutes that this Article will address-the Hill- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 29, 2020
Smoke but No Fire: When Innocent People are Wrongly Convicted of Crimes That Never Happened
Am. Crim. L. Rev.
Date: 2018
By: Jessica S. Henry (Montclair State University Faculty)
55 Am. Crim. L. Rev. 665-704
This Article considers three main factors that contribute to no-crime wrongful convictions: official misconduct in the form of police lies, aggressive policing tactics, and prosecutorial malfeasance; the mislabeling of a non-criminal event as a crime; and outright fabrications by informants and non- ...
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CASE ADDITIONS
January 29, 2020
Guilford College v. Nielsen
Case Category: Immigration and/or the Border
Trial Docket: 1:18-cv-00891 (M.D. N.C.)
IM-NC-0005
On August 9, 2018, the United States Citizenship and Immigration Services (USCIS) issued a new policy that made it easier to find that students and visitors to the United States were present unlawfully. Guilford College and other universities challenged that policy in a lawsuit filed on October 23, 2018, under the Administrative Procedure Act. They alleged that the new policy violated their statutory and due process rights. The district court entered a nationwide preliminary injunction against the policy but denied summary judgment because the parties had not submitted a complete administrative record. The case is ongoing.
View Case Detail (IM-NC-0005)


CASE ADDITIONS
January 29, 2020
J.O.P. v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 8:19-cv-01944 (D. Md.)
IM-MD-0012
In 2019, four unaccompanied children seeking asylum in the United States filed this class action complaint in the federal court of the District of Maryland. The plaintiffs alleged that the policy of retroactively applying a new asylum policy to previously pending USCIS asylum applications violated the APA and the Fifth Amendment. The court granted a temporary restraining order until the new policy's validity had been determined, and then converted the temporary restraining order into a preliminary injunction. The case is currently ongoing.
View Case Detail (IM-MD-0012)


CASE ADDITIONS
January 29, 2020
Sclafani v. Mici
Case Category: Prison Conditions
Trial Docket: 1:19-cv-12550-LTS (D. Mass.)
PC-MA-0051
The ACLU of Massachusetts represented three prisoners who sued the Massachusetts Department of Correction for discriminatory denial of adequate medical care related to the treatment of Opioid Use Disorder. State-wide MDOC policy forced each of the plaintiffs to significantly alter and prematurely end their treatment plans, contrary to the advice of their doctors. The plaintiffs alleged that this policy violated the Americans with Disabilities Act and the 8th Amendment to the U.S. Constitution.
View Case Detail (PC-MA-0051)


CASE STUDIES
January 28, 2020
"Changed Circumstances: The Federal Rules of Civil Procedure and the Future of Institutional Reform Litigation after Horne v. Flores"
U.C.D. L. Rev.
Date: 2013
By: Catherine Y. Kim (University of North Carolina School of Law Faculty)
46 U.C.D. L. Rev. 1435-1482
Part I provides an overview of institutional reform litigation, including the dominant characteristics of institutional reform decrees, their continued importance today, and the development of the doctrine on terminating these remedial decrees prior to Horne. Part II analyzes the Home v. Flores ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 28, 2020
Operation Sojourner: The Government Infiltration of the Sanctuary Movement in the 1980s and Its Legacy on the Modern Central American Refugee Crisis
U. St. Thomas L.J.
Date: 2017
By: Kristina M. Campbell (University of the District of Columbia School of Law Faculty)
13 U. St. Thomas L.J. 474-507
This Article will discuss "Operation Sojourner," the federal government's covert infiltration, and subsequent criminal prosecution, of persons involved in the Sanctuary Movement in the 1980s, as well as its impact on the modern Sanctuary Movement in Arizona and the Southwest occurring in response ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 28, 2020
Contemporary Family Detention and Legal Advocacy
Harv. Latinx L. Rev.
Date: Spring 2018
By: Lindsay M. Harris (University of the District of Columbia School of Law Faculty)
21 Harv. Latinx L. Rev. 135-164
This essay explores the contemporary practice of detaining immigrant women and children -the vast majority of whom are fleeing violence in their home countries and seeking protection in the United States -and the response by a diverse coalition of legal advocates. In spite of heroic advocacy, both ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 28, 2020
Rhetorical Evil and the Prison Litigation Reform Act
Legal Comm. & Rhetoric
Date: 2018
By: Terri LeClercq (University of Texas School of Law Faculty)
15 Legal Comm. & Rhetoric 47-80
This article exposes the misleading presumptions and rhetorical devices that allowed a bad bill to become law. How? The rhetorical performances of the four senators who proposed and passed the Prison Litigation Reform Act (PLRA) created narrative constructions that labeled, sustained, supported, ...
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CASE ADDITIONS
January 28, 2020
Washington v. Motel 6
Case Category: Immigration and/or the Border
Trial Docket: 18-2-00283-4 SEA (State Court)
IM-WA-0042
The State of Washington sued hotel chain Motel 6 for their practice of sharing guest information with ICE. The parties agreed to a consent decree in April 2019. Motel 6 agreed to pay $12 million to a settlement fund that will provide restitution to guests affected by the unlawful practice and modify its practices to not share guest information without order of subpoena or probable cause.
View Case Detail (IM-WA-0042)


ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Role of Informed Choice in Advancing Competitive Integrative Employment
Journal of Vocational Rehabilitation
Date: February 16, 2017
By: Ruby Moore & Mark Friedman
46 J. Vocational Rehabilitation 245-264
Recent laws, regulations, court cases and policies have included the requirement that people with disabilities be provided the opportunity to exercise informed choice in decision-making to promote inclusion and integration into society. These contemporary developments build on principles ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Reforming the Foriegn Intelligence Surveillance Court's Interpretive Secrecy Problem
Harvard Journal of Law and Public Policy
Date: November 15, 2014
By: Gregory S. McNeal (Pepperdine University School of Law)
38 Harvard Journal of Law and Public Policy 77-101
This symposium essay focuses on national security surveillance and democratic legitimacy. The essay provides a very brief overview and history of the section 215 metadata program and the section 702 program. The essay recounts how much of the legal foundation for the section 702 program was widely ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Interrogating Police Officers
George Washington Law Review
Date: August 13, 2019
By: Stephen Rushin, Atticus DeProspo (Loyola University Chicago School of Law, University of Cambridge)
87 Geo. Wash. L. Rev. 646-705
This Article evaluates the procedural protections given to police officers facing disciplinary interrogations about alleged misconduct. It demonstrates that state laws and collective bargaining agreements have insulated many police officers from the most successful interrogation techniques.*
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Article II and Antidiscrimination Norms
Michigan Law Review
Date: August 28, 2018
By: Aziz Z. Huq (University of Chicago - Law School)
117 Mich. L. Rev.
The Supreme Court’s judgment in Trump v. Hawai’i validated a prohibition on entry to the United States from several largely Muslim-majority countries, and at the same time repudiated a longstanding precedent associated with the Japanese-American internment of World War II. This Article closely ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Decret Anti-Immigration: La Justice Oblige le President des Etats-Unis a Revoir sa Copie
La Revue des Droits de l'Homme
Date: March 2017
By: Johann Morri
La Revue des Droits de l'Homme
During the presidential campaign, candidate Donald Trump raised the possibility of prohibiting the entry of the United States to Muslims. He then softened his "muslim ban" proposal, but never withdrew it. Executive Order 13769 (the decree), taken on January 27, 2017, is in line with this electoral ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Co-operation in the Age of Hobby Lobby: When Sincerety Is Not Enough
Villanova Center for Liberal Education
Date: 2017
By: David Oderberg (University of Reading (U.K.))
11 Expositions 15-30
Discussion of Burwell v. Hobby Lobby and conscientious objection on religious grounds to providing health insurance that covers abortion. Further discussion of the Religious Freedom Restoration Act of 1993 that protects conscientious objection.*
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Muslim Americans: Do U.S. Democratic Institutions Protect Their Religious Liberty?
Asian American Law Journal (University of California Berkeley)
Date: December 26, 2018
By: Engy Abdelkader (Rutgers, The State University of New Jersey - New Brunswick/Piscataway)
Asian Am. L.J.
This essay presents a normative, legal and analytic discussion about the Muslim experience at the intersection of religion, law and society in contemporary America. In doing so, a demographic sketch of Muslims and Islam in the U.S. is first provided to provide relevant socio-political context ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Reclaiming Justice and Eliminating Inequality through Compassionate Migration: The Relentless Struggle of Migrants Living in the Shadows
Date: December 2012
By: William F. Arrocha (Middlebury Institute for International Studies at Monterey)
11 J. Hate Stud. 85-118
This article elaborates on the emerging concept of “compassionate migration” as a counter-hegemonic response to the institutions and systems that criminalize unauthorized immigration, including the assistance provided by those who aid such migrants out of a sense of compassion. In the name of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
"The Judge Didn't Sentence Me to Be Raped": Tracy Neal v. Michigan Department of Corrections: A 15-Year Battle Against the Sexual Abuse of Women Inmates in Michigan
Women and Criminal Justice
Date: July 9, 2012
By: Rachel Culley
22 Women & Crim. Just. 206-255
This research traces the history of Tracy Neal v. Michigan Department of Corrections, a class action lawsuit against the Michigan Department of Corrections that alleged the sexual abuse of women prisoners spanning more than two decades. The litigation resulted in combined jury verdicts of more than ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Looking for Some Light through the Lens of "Cryptowar" History: Policy Options for Law Enforcement Authorities Against "Going Dark"
Computer Law and Security Review
Date: October 8, 2018
By: Bert-Jaap Koops & Eleni Kosta (Tilburg University)
34 Computer L. & Security Rev. 890-900
As companies and end-users increasingly deploy end-to-end encryption, law enforcement and national security agencies claim they “go dark”, i.e. lose in practice the power to legally intercept and gain access to information and communications. This has revived a debate that seemed closed by the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Money or Diversity? An Implementation Analysis of the Voluntary Transfer Program in St. Louis, 1999-2009
Education Policy Analysis Archives
Date: February 2016
By: Ain A. Grooms
24 Educ. Pol'y Analysis Archives
A dual transfer program was created in 1983 in the St. Louis metropolitan area following a 1972 lawsuit brought upon the city, charging it with withholding an equal educational opportunity for Black students. Through this program, Black students from St. Louis City are provided with free ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Final Years of Central State Hospital
Journal of the History of Medicine and Allied Sciences
Date: October 18, 2018
By: Ellen Dwyer
74 J. Hist. Med. & Allied Sci. 107-126
There is a rich literature on the deinstitutionalization movement in the US but few, if any, parallel histories of state mental hospitals. Under attack from the 1950s on, state hospitals dwindled in size and importance. Yet, their budgets remained large. This paper offers a case study of one such ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Thinking Slow about Abercrombie & Fitch: Straightening Out Judicial Confusion in the Lower Courts
Social Science Research Network
Date: July 19, 2018
By: Bruce N. Cameron & Blaine Hutchison
46 Pepp. L. Rev. Forthcoming
In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Time Is Not on Our Side: Why Specious Claims of Collective Bargaining Rights Should Not be Allowed to Delay Police Reform Efforts
Social Science Research Network
Date: October 17, 2019
By: Ayesha Hardaway
15 Stan. J. Civ. Rts. & Civ. Liberties 137
Many view the passage of the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Impact of California's 2011 Public Safety Realignment on Rural Jails
American Jails
Date: March 2014
By: John Mineau
28 Am. Jails 19-22
The article offers information on the results and implications of 2011 Realignment Legislation Addressing Public Safety (AB109) on Rural Jails in California. It discusses several facts which includes report regarding prison population reductions, lack of providing adequate mental and medical health ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
A Cautionary Tale: Discriminatory Lending against Hispanic Farmers and Ranchers in Southern Colorado
Wiley Online Library
Date: February 10, 2019
By: Benjamin James Waddell
Rural Soc.
Despite legal and civil emancipation, minorities in the United States continue to face extremely unequal opportunity structures in the financial realm. Evidence of this is found in the fact that segregation between Anglos and minorities has changed little since the civil rights era. This is ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Wild West of Sentencing Reform: Lessons from California
University of Chicago Press Journals
Date: February 8, 2019
By: Robert Weisberg
Crime & Just. Online
As the United States became notorious for mass incarceration, California received outsized attention. Not so much for the sheer volume of California imprisonment but because of its chaotic operation. Populist political mood swings led to Eighth Amendment violations that caused a federal court to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Secrets and Lies — Exposed and Combatted: Warrantless Surveillance Under and Around the Law 2001-2017
ResearchGate
Date: September 2018
By: Patrice McDermott
2 Secrecy & Soc'y 1-113
Before June 2013, civil society and much of Congress were largely in the dark about the extent of the surveillance activities of the National Security Agency and the circumlocutions of statute undertaken by the White House and the Department of Justice. After the releases by Edward Snowden to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Shadow of the Soul Breaker: Solitary Confinement, Cocaine, and the Decline of Huey P. Newton
ResearchGate
Date: July 2015
By: Joe Street
84 Pac. Hist. Rev. 333-363
The article probes the impact of prison on Huey P. Newton, founder of the Black Panther Party. Incarcerated for three years in various locations in California, Newton descended into cocaine addiction and criminality soon after his 1970 release. The current literature fails to account for the impact ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Democratic Police Reform and Public Law Injunctions
Social Science Research Network
Date: November 15, 2016
By: Sunita Patel (American University - Washington College of Law)
Draft
Scholars have overlooked systemic reform injunctions as potent tools to challenge and combat discriminatory and unconstitutional police practices. Recent events and an infusion of funding from major philanthropy and private sources promise an increase in injunctive suits challenging department-wide ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Mental Health and Immigrant Detainees in the United States: Competency and Self-Representation
Journal of the American Academy of Psychiatry and the Law Online
Date: September 2015
By: Caleb Korngold, Kristen Ochoa, Talia Inlender, Dale McNiel, Renée Binder
43 J. Am. Acad. Psychiatry L. 277-281
Most immigrant detainees held in U.S. Immigration and Customs Enforcement (ICE) facilities do not have legal representation, because immigration proceedings are a matter of civil, not criminal, law. In 2005, Mr. Franco, an immigrant from Mexico with an IQ between 35 and 55, was found incompetent to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Executive Power of Political Emergency: The Travel Ban
Social Science Research Network
Date: September 19, 2018
By: Jill E. Family (Widener University - Commonwealth Law School)
87 UMKC L. Rev. 611-628
As one of his first actions in office, President Trump chose to ban nationals of seven Muslim-majority countries from entering the United States. The announcement and implementation of this “Travel Ban” were chaotic, fast-paced, and out of the ordinary. The first version of the Travel Ban ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Health Care: Practice, Administration and Law
Social Science Research Network
Date: December 23, 2017
By: Leona Deborah Jochnowitz
Review and Concept Paper
One of the themes which resonate throughout the new treatise, Correctional Health Care: Practice, Administration, and Law. Cohen, Fred, Ed. 2017, is the rich legacy of the landmark 1976 Supreme Court Prisoner Rights case, Estelle v. Gamble. A contributing authority in this compilation on prisoners� ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
The Special Needs Program for Inmate-Patients with Dementia (SNPID): A Psychosocial Program Provided in the Prison System
National Center for Biotechnology Information
Date: September 12, 2013
By: Bettina Hodel, Heriberto G. Sanchez
12 Dementia 654-660
This article discusses a comprehensive psychosocial program developed for a prison in California--the Special Needs Program for Inmate-Patients with Dementia (SNPID). It describes the individual steps of the program, their content and their application in a system that has safety and security as ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Injunctions Restraining Enforcement of 'Muslim Ban' Executive Orders
Social Science Research Network
Date: Feb 28, 2019
By: Mark Leeming (The University of Sydney Law School)
91 Australian L.J. 443-447
This note summarises the steps taken in the litigation in January, February and March 2017 challenging the President's Executive Orders suspending the entry into the United States of persons from certain predominantly Muslim countries, addresses some of the legal issues which have arisen, and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
A case for revisiting peer review: Implications for professional self-regulation and quality improvement
PlosOne
Date: June 28, 2018
By: Terry E. Hill, Peter F. Martelli & Julie H. Kuo
13 PLoS One 1-20
Quality improvement in healthcare has often been promoted as different from and more valuable than peer review and other professional self-regulation processes. In spite of attempts to harmonize these two approaches, the perception of dichotomous opposition has persisted. A sequence of events in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Overcoming Dehumanization: The Challenge for a Jurisprudence of Dignity
ResearchGate
Date: January 2016
By: Mona Lynch (University of California, Irvine)
42 Soc. Just. 172-177
Jonathan Simon's Mass Incarceration on Trial uses the landmark prison conditions case of Brown v. Plata, decided by the US Supreme Court in May 2011 as a window into the rise of mass incarceration in America and as a possible roadmap away from mass incarceration. The plaintiffs put forth a ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
North carolina law expands pool of eligible healthcare professionals to oversee executions by lethal injection
BMJ Journals
Date: January 25, 2016
By: Jodi A. Dodds (Duke University)
43 J. Med. Ethics 2-3
Since 1976, when capital punishment was reinstated in the USA, 1418 inmates have been executed under its laws as of 28 October 2015.1 While this topic has remained controversial for decades, it has been featured more prominently in the American mainstream media in recent years as US prisons have ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 27, 2020
Exploring Knowledge Exchange at the Research-Policy-Practice Interface in Children's Behavioral Health Services
Researchgate
Date: January 2014
By: Laurel K. Leslie, Susan Maciolek, Kathleen Biebel, Gifty Debordes-Jackson, Joanne Nicholson (Administration and Policy in Mental Health )
41 Admin. & Pol'y Mental Health & Mental Health Serv. Res. 822-834
This case study explored core components of knowledge exchange among researchers, policymakers, and practitioners within the context of the Rosie D. versus Romney class action lawsuit in Massachusetts and the development and implementation of its remedial plan. We identified three distinct, ...
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CASE ADDITIONS
January 27, 2020
Nightingale v. U.S. Citizenship and Immigration Services
Case Category: Immigration and/or the Border
Trial Docket: 3:19-cv-03512 (N.D. Cal.)
IM-CA-0150
On June 16, 2019, plaintiffs--three immigration attorneys and two noncitizens who filed FOIA (FOIA) requests for individual immigration case files (known as A-Files)--filed this class-action suit in the United States District Court for the Northern District of California. Plaintiffs, represented by the American Immigration Council and the Northwest Immigrant Rights Project, sought declaratory relief that defendants’ failure to make timely determinations on plaintiffs’ and proposed classes’ A-File FOIA requests violates FOIA, and a nationwide injunction requiring defendants to make timely determinations. The case is ongoing.
View Case Detail (IM-CA-0150)


ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Federal Policies and Programs to Expand Employment Services Among Individuals with Serious Mental Illnesses
Admin. & Pol'y Mental Health & Mental Health Serv. Res.
Date: February 17 2017
By: Mustafa Karakus, Jarnee Riley & Howard Goldman
44 Admin. & Pol'y Mental Health & Mental Health Serv. Res. 330-344
Previous studies suggest that providing employment services to individuals with serious mental illnesses can help them obtain competitive, real-world employment. However, these services are still not easily accessible to this population. This paper provides a brief summary of recent federal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Libraries Keep a Resourceful Eye on the President
Information Today Inc.
Date: June 6, 2017
By: George H. Pike
34 Info. Today 26-27
From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libraries remain places where citizens can find the information they need in order to proceed on all ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
The Language of Neutrality in Supreme Court Confirmation Hearings
Dick. L. Rev.
Date: 2018
By: Carolyn Shapiro (IIT Chicago-Kent College of Law Faculty)
122 Dick. L. Rev. 585-648
Using both qualitative and quantitative analysis, including empirical research on confirmation hearings already reported, this Article charts the history of such discussions in Supreme Court confirmation hearings from Justice Harlan's hearing in 1955 through Justice Gorsuch's hearing in 2017-the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
If You Cannot Afford an Attorney, Will One Be Appointed For You?: How (Some) States Force Criminal Defendants to Choose Between Posting Bond and Getting a Court-Appointed Attorney
Iowa L. Rev.
Date: 2012
By: Allison D. Kuhns (University of Iowa College of Law Law Student)
97 Iowa L. Rev. 1787-1810
In Gideon v. Wainwright, the United States Supreme Court held that the Sixth Amendment right to counsel included a right to state-provided counsel for indigent defendants. The Court did not, however, define what "indigent" means. As a result, states have adopted varying definitions, many of them ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Refuge from Time: How the One-Year Filing Deadline Unfairly Frustrates Asylum Claims
N.C. L. Rev.
Date: 2017
By: Roy Xiao
95 N.C. L. Rev. 523-552
Part I further describes Alex's case and addresses how similarly situated applicants can fall through the cracks of the asylum process. Part II provides an overview of United States asylum law and the three types of asylum applications. Part III reviews the statutory bars to asylum, and Part IV ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Torturing Mentally Ill and Juvenile Prisoners: An Examination of Michigan's Administrative Segregation Policies
U. Det. Mercy L. Rev.
Date: Spring 2017
By: Zachary R. Morgan (University of Detroit Mercy School of Law Law Student)
94 U. Det. Mercy L. Rev. 319-355
Part I discusses the history of solitary confinement. In order to understand how Michigan's system came to be, it is imperative to understand how solitary confinement began. Part II analyzes Michigan's policies regarding solitary confinement. This part illustrates the numerous policies in place, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
President Trump's Executive Orders and the Rule of Law
UMKC L. Rev.
Date: 2019
By: David M. Driesen (Syracuse University College of Law Faculty)
87 UMKC L. Rev. 489-524
Part One discusses the rule of law in the United States. It emphasizes the role of legislative supremacy and the expansion of presidential power within a rule of law framework through delegation by Congress. This part also discusses the President's duty to "take Care that the Laws be faithfully ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Examining the Conditions of Confinement for Civil Detainees Under California's Sexually Violent Predators Act
Hastings L.J.
Date: August 2017
By: Dana Sherman (University of California, Hastings College of Law Law Student)
68 Hastings L.J. 1441-1459
This Note examines relevant portions of the California Penal Code, the California Welfare and Institutions Code, and the United States Constitution, and argues that the confinement conditions for civil detainees unreasonably violate their statutory and constitutional rights.*
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Are You Not Entertained? Considering the P-3 Visa as an Alternative Option for International Esports Professional Gamers
Ariz. L. Rev.
Date: 2018
By: Jonathan Brannon (University of Arizona College of Law Law Student)
60 Ariz. L. Rev. 735-781
Professional video gaming has exploded in popularity over the last decade. Many elite professional gamers are not residents of the United States but wish to enter the country to participate in major tournaments. This has proven difficult because there is no visa that plainly allows professional ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 26, 2020
Uncomfortable Places, Close Spaces: Female Correctional Workers' Sexual Interactions With Men and Boys in Custody
UCLA L. Rev.
Date: 2012
By: Brenda V. Smith (American University Washington College of Law Faculty)
59 UCLA L. Rev. 1690-1745
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts discomfort with and ...
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CASE ADDITIONS
January 26, 2020
Thuraissigiam v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 3:18-cv-00135 (S.D. Cal.)
IM-CA-0153
In 2018 a Sri Lankan citizen who was placed in expedited removal proceedings filed this suit in the U.S. District Court for the Southern District of California. The plaintiff filed a habeas petition, alleging that the credible fear interview utilized by the Department of Homeland Security deprived him of a right to apply for asylum and that review of this determination by an asylum officer and immigration judge violated due process. In March 2018, a district court judge dismissed the case for lack of jurisdiction and concluded that the court was not authorized to analyze removal orders or review credible fear determinations that lead to removal orders. A year later, a Ninth Circuit panel reversed the district court's dismissal, concluding that the federal expedited removal statute violated the Suspension Clause, which bars congressional suspension of access to the judicial writ of habeas corpus (that is, to judicial review). The Supreme Court agreed to hear the case and oral argument is scheduled for March 2, 2020 to answer whether the Constitution requires that noncitizens facing "expedited removal" have access to any review by federal judges.
View Case Detail (IM-CA-0153)


ARTICLES THAT USE THE CLEARINGHOUSE
January 24, 2020
The Fourth Amendment in the Digital Age: Collective Standing Under the Fourth Amendment
Am. Crim. L. Rev.
Date: 2018
By: David Gray (University of Maryland School of Law Faculty)
55 Am. Crim. L. Rev. 77-104
This Article seeks to document some of the damage and to chart a way forward. Part I describes the current state of affairs in government searches and seizures with a focus on stop and frisk practices. Recent investigations by the Department of Justice along with publicly available data show that ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 24, 2020
Give Me Your Tired, Your Poor, Your Huddled Masses" - Just as Long as They Fit the Heteronormative Ideal: U.S. Immigration Law's Exclusionary & Inequitable Treatment of Lesbian, Gay, Bisexual, Transgendered, and Queer Migrants
Gonz. L. Rev.
Date: 2012
By: Logan Bushell (Gonzaga University School of Law Law Student)
48 Gonz. L. Rev. 673-700
Despite the inclusionary call for the tired, the poor, and the "huddled masses yearning to breathe free" from other nations, U.S. immigration law is, necessarily, founded in policies of exclusion and preclusion. Indeed, at its core, U.S. immigration law aims to include some and exclude others, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 24, 2020
Learning to Counter Mass Incarceration
Conn. L. Rev.
Date: May 2016
By: Brett Dignam (Columbia University School of Law Law Student)
48 Conn. L. Rev. 1217-1230
Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 24, 2020
Aligning Principles and Practice: A Call to Eliminate the Use of Site Commissions in Inmate Calling System Contracts
Pub. Cont. L.J.
Date: Winter 2017
By: Brittany J Finder (The George Washington University Law School Law Student)
46 Pub. Cont. L.J. 363-383
This Note examines both the practical and normative implications of the FCC's failure to restrict or prohibit site commissions. Part II of this Note traces the legal and federal regulatory developments in the ICS market. Part III analyzes the disproportionate influence of site commissions on ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
The Blurred Blue Line: Reform in an Era of Public & Private Policing
Am. J. Crim. L.
Date: 2017
By: Seth W. Stoughton (University of South Carolina School of Law Faculty)
44 Am. J. Crim. L. 117-155
Part I describes the evolution of modern policing, tracing the emergence of the now-familiar police department from a mixed heritage of public and private efforts. Part II explores the modern practice of policing, illustrating the operational overlap between public and private policing. Part III ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Reforming High-Stakes Police Departments: How Federal Civil Rights Will Rebuild Constitutional Policing in America
Hastings Const. L.Q.
Date: Summer 2016
By: Ivana Dukanovic (University of Southern California Law Student)
43 Hastings Const. L.Q. 911-947
This Note uses the Ferguson Police Department as a 14141 case study and provides suggestions and predictions for sustainable law enforcement reform. The Note proposes that 14141 is the change agent for organizations that refuse or deny a need for change. Part I explains what tools the DOJ possesses ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Policing the Police: A "Clearly Established" First Amendment Right to Record the Police
Am. J. Trial Advoc.
Date: 2017
By: Brittany S. Mercer (Cumberland School of Law Law Student)
41 Am. J. Trial Advoc. 187-209
Part I discusses the history of state and federal wiretapping statutes and outlines how the development of these statutes are at odds with the First Amendment right to record police activity. Part II outlines the qualified immunity defense and defines a "clearly established" right. Part Ell is a ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
The Fair Housing Act: Enacted Despite the Mainstream Media, Neutered by the Federal Government's Unwillingness to Enforce It
Cardozo L. Rev.
Date: 2019
By: Craig Flournoy (University of Cincinatti Faculty)
40 Cardozo L. Rev. 1102-1131
This article examines the 1968 Fair Housing Act from two perspectives. The first Part discusses the urban riots of the mid-1960s; the failure of the white press to examine the connection between the riots and systemic social problems, particularly segregation; and the Kerner Commission's ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Solitary Confinement of Mentally Ill Prisoners: A National Overview & How the ADA Can Be Leveraged to Encourage Best Practices
Hastings Women's L.J.
Date: 2017
By: Ashley Halvorsen
26 Hastings Women's L.J. 121-145
This article will analyze the literature surrounding the effects of solitary confinement on people with mental disorders. Moreover, the article survey solitary confinement practices of prisons around the country and new policies limiting the use of solitary confinement as a punishment. Next, the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Forbidden Fruit: Sexual Victimization of Migrant Workers in America's Farmlands
Hastings Women's L.J.
Date: Winter 2015
By: Christa Conry (University of California Hastings College of Law Law Student)
26 Hastings Women's L.J. 121-145
This note discusses the ways Title VII fails female farmworkers; it suggests a plan of action to implement stronger mechanisms protecting women and girls who face sexual violence in America's farmlands and fields and grounds that call for broader federal protection in a proposed amendment to the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Safeguards for Mentally Disabled Respondents in Removal Proceedings
Health Matrix
Date: 2013
By: Christina P. Greer (Case Western Reserve University School of Law Law Student)
23 Health Matrix 279-316
This Note discusses the difficulties mentally disabled individuals face in the immigration system and argues for a different approach to assist respondents, government attorneys, and immigration judges in protecting the rights of this vulnerable population until a right to appointed representation ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
The Legacy of Stop and Frisk: Addressing the Vestiges of a Violent Police Culture
Wake Forest L. Rev.
Date: January 2014
By: Kami Chavis Simmons (Wake Forest University Law School Faculty)
49 Wake Forest L. Rev. 849-871
Part I of this Essay explains the controversial stop-and-frisk policy as it has been implemented in New York City and explores arguments for and against the use of such tactics to prevent and investigate crime. Part II explains the inherent violence the NYPD has employed in numerous stop and-frisk ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
The Just Barely Sustainable California Prisoners' Rights Ecosystem
Annals
Date: 02/18/2016
By: Margo Schlanger (University of Michigan Law School Faculty)
664 Annals 62-81
Nationwide, litigation currently plays a far smaller role as a corrections oversight mechanism than in decades past, a change largely caused by the 1996 Prison Litigation Reform Act (PLRA). Yet no such decline is evident in the nation’s most populous state, California, where prisoners’ rights ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries
A.J.I.L.
Date: 2017
By: Kristina Daugirdas & Julian Davis Mortenson (University of Michigan Law School Faculty)
111 A.J.I.L. 764-776
On January 27, 2017, President Trump issued an executive order that: (1) prohibited nationals from seven majority-Muslim countries from entering the United States for ninety days; and (2) prohibited individuals from entering into the United States as refugees for 120 days. Courts stayed the order ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Long-Overdue Reform of D.C.'s Antediluvian Developmental Disabilities Law: From Forest Haven to the 21st Century
UDC/DCSL L. Rev
Date: 2010
By: Robert L. Jr. Burgdorf (University of the District of Columbia School of Law Faculty)
13 UDC/DCSL L. Rev 249-334
The purposes of this article are to examine the origins and nature of developmental disabilities laws and programs and their significance for people with such disabilities, to discuss the Forest Haven facility and the Evans litigation it spawned, to examine the Mentally Retarded Citizens ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 23, 2020
Procedural Experimentation and National Security in the Courts
Calif. L. Rev.
Date: 2018
By: Shririn Sinnar (Stanford Law School Faculty)
106 Calif. L. Rev. 991-1060
This Article illuminates this procedural experimentation in national security civil litigation. It focuses less on the bottom-line rulings of courts and more on the procedural steps along the way. It also turns our attention from appellate courts to trial courts: not only do district court judges ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 21, 2020
Seth v. District of Columbia
The Arc
Date: Jul. 24, 2019
By: The Arc
This lawsuit challenges the indefinite incarceration of Markelle Seth, a young man with intellectual disability languishing in federal prison despite not having been convicted of a crime in violation of his right under state and federal law to receive services and treatment in the most integrated ...
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CASE ADDITIONS
January 21, 2020
De Vries v. Regents of the University of California
Case Category: Immigration and/or the Border
Trial Docket: BC555614 (State Court)
IM-CA-0091
Summary/Abstract not yet on record
View Case Detail (IM-CA-0091)


CASE ADDITIONS
January 20, 2020
Georgia State Conference of the NAACP v. City of LaGrange
Case Category: Public Benefits / Government Services
Trial Docket: 3:17-cv-00067-TCB (N.D. Ga.)
PB-GA-0009
The Georgia NAACP and other plaintiffs challenged policies in place in the City of LaGrange, GA, limiting provision of utility service to individuals with outstanding court debt and to individuals who lack photo identification and valid social security numbers. The case was dismissed for failure to state a claim, but was appealed to the Eleventh Circuit. On October 10, 2019, the Court of Appeals vacated the District Court’s decision and remand the case for further proceedings. The case is pending discovery.
View Case Detail (PB-GA-0009)


CASE ADDITIONS
January 20, 2020
Justice Network v. Craighead County
Case Category: Criminal Justice (Other)
Trial Docket: 3:17-cv-00169 (E.D. Ark.)
CJ-AR-0005
In 2017, the plaintiff, a private probation company, filed this lawsuit in the U.S. District Court for the Eastern District of Arkansas. Plaintiff alleged that two defendant-judges unlawfully forgave fees owed by probation clients to the plaintiff. The district court granted each defendant’s motion to dismiss. The plaintiff appealed to the Eighth Circuit, which affirmed the District Court's dismissal of the case. The case is now presumed to be closed.
View Case Detail (CJ-AR-0005)


CASE ADDITIONS
January 20, 2020
State of New York v. U.S. Department of Homeland Security
Case Category: Immigration and/or the Border
Trial Docket: 1:19-cv-07777 (S.D.N.Y.)
IM-NY-0069
In August of 2019, three states and the City of New York filed this suit in the United States District Court for the Southern District of New York. The DHS' Public Charge Rule, enacted in August of 2019, increases the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. It is alleged that the Public Charge Rule will result in harm to the Plaintiff States and its residents because it will deter legal residents from enrolling in basic benefit programs, out of fear of being determined a "public charge," and thus inadmissible for citizenship. District Court Judge George Daniels granted the Plaintiff States' Motion to Stay Pending Judicial Review and Preliminary Injunction, resulting in the Rule not being implemented as planned. The Defendants' appeal of this Order is pending judgment in the Second Circuit Court of Appeals.
View Case Detail (IM-NY-0069)


CASE ADDITIONS
January 20, 2020
Does, 1-104 v. Wasden
Case Category: Criminal Justice (Other)
Trial Docket: 1:16-cv-00429 (D. Idaho)
CJ-ID-0003
More than 100 sex offenders are challenging Idaho’s laws that require registration and community notification of sex offenders, saying the laws violate an array of constitutional rights, from the prohibition on double jeopardy to freedom of religion. The lawsuit seeks a permanent order to stop the state and its counties from enforcing some portions of the law. On April 5, 2019, Judge Nye dismissed the second amended complaint with prejudice because the plaintiffs failed to tie facts to specific constitutional violations. On May 5, 2019, the plaintiffs appealed this decision to the U.S. Court of Appeals for the Ninth Circuit. As of January 20, 2020, this case is pending in the Court of Appeals.
View Case Detail (CJ-ID-0003)


CASE ADDITIONS
January 19, 2020
Kennicott v. Sandia Corporation
Case Category: Equal Employment
Trial Docket: 1:17-cv-00188-JB-GJF (D.N.M.)
EE-NM-0065
Summary/Abstract not yet on record
View Case Detail (EE-NM-0065)


CASE ADDITIONS
January 19, 2020
Metropolitan St. Louis Equal Housing and Opportunity Council v. City of Maplewood
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 4:17-cv-00886-PLC (E.D. Mo.)
FH-MO-0006
Summary/Abstract not yet on record
View Case Detail (FH-MO-0006)


CASE ADDITIONS
January 19, 2020
Long v. Southeastern Pennsylvania Transportation Authority
Case Category: Equal Employment
Trial Docket: 2:16-cv-01991-PBT (E.D. Pa.)
EE-PA-0251
In 2016, three individuals who had applied for jobs at the Southeastern Pennsylvania Transportation Authority filed this class action complaint in the Eastern District of Pennsylvania (SEPTA). The plaintiffs alleged that SEPTA had violated federal fair credit law and state law regarding anti-discrimination in hiring. The case was dismissed for lack of standing, and the named parties appealed in 2017. On October 16, 2018, the third Circuit Court of Appeals affirmed the dismissal of plaintiffs’ claim based on SEPTA’s failure to provide them with notice of their FCRA rights, but reversed the dismissal of the claim based on SEPTA’s failure to provide them with copies of their consumer reports and remanded for further proceedings. On August 6, 2019, the plaintiffs filed a second amended complaint and the case is ongoing.
View Case Detail (EE-PA-0251)


CASE ADDITIONS
January 18, 2020
M.B. v. Tidball
Case Category: Child Welfare
Trial Docket: 2:17-cv-04102-NKL (W.D. Mo.)
CW-MO-0003
Summary/Abstract not yet on record
View Case Detail (CW-MO-0003)


CASE ADDITIONS
January 18, 2020
Hayden v. Keller
Case Category: Criminal Justice (Other)
Trial Docket: 5:10-ct-3123-BO (E.D.N.C.)
CJ-NC-0006
In 2010, an inmate serving a life sentence in North Carolina for a juvenile offense filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina. The plaintiff alleged that he had been deprived of a meaningful opportunity for parole in violation of Graham v. Florida, 560 U.S. 48 (2010) and sought declaratory and injunctive relief. The court held that the parole review process employed by the Parole Commission for offenders convicted as juveniles and serving life sentences violated the Eighth Amendment to the Constitution. Both parties submitted proposed plans to bring the parole review process into compliance. On Nov. 2, 2017, the court granted the plaintiff's request for injunctive relief and adopted the defendant's proposed plan. The defendant appealed the judgment to the U.S. Court of Appeals for the Fourth Circuit, which was later voluntarily dismissed.
View Case Detail (CJ-NC-0006)


CASE ADDITIONS
January 18, 2020
Staples Accessible Web Site and Point of Sale Settlement Agreement
Case Category: Disability Rights-Pub. Accom.
Trial Docket: NA (No Court)
DR-CA-0007
Summary/Abstract not yet on record
View Case Detail (DR-CA-0007)


CASE ADDITIONS
January 18, 2020
Little v. Frederick
Case Category: Criminal Justice (Other)
Trial Docket: 6:17-cv-00724 (W.D. La.)
CJ-LA-0007
The plaintiff filed a class action on behalf of all arrestees who are or will be detained for any amount of time after an arrest because they are unable to pay money bail. Under a § 1983 action, he claimed that a wealth-based post-arrest detention policy violates equal protection and due process under the 14th amendment by jailing the poor for no reason other than their poverty.
View Case Detail (CJ-LA-0007)


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 17, 2020
Another Look at the Judicial Power of the Purse: Courts, Corrections, and State Budgets in the 1980s
Date: 1996
By: John Fliter (Kansas State University Faculty)
30 L. & Soc'y Rev. 399
In measuring the impact of court-ordered prison reforms on state budgets, Taggart (1989) challenged Harriman and Straussman's (1983) conclusion that court decisions have affected state spending for corrections. This Research Note explores important questions left unanswered by both studies: (1) ...
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CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 17, 2020
Hearings before the Subcommittee on the Constitution of the Committee on the Judiciary
Date: July 1997
By: United States Senate (United States)
View Link Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Protecting the Rights of DACA Recipients as Persons Residing Under Color of Law in New York
CUNY L. Rev. F.
Date: Winter 2018
By: Janet Calvo (CUNY School of Law Law Student)
21 CUNY L. Rev. F. 1-18
While the future immigration status of those who enrolled in DACA, Deferred Action for Childhood Arrivals, is uncertain, they should remain eligible for both professional licensing and Medicaid in New York as they continue to be PRUCOL, permanently residing under color of law, whether or not DACA ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
No Confidence: Confidentiality, Ethics and the Law of Academic Privilege
Comm. L. & Pol'y
Date: 06/10/2016
By: Eric Robinson
21 Comm. L. & Pol'y 323-381
The law recognizes several evidentiary privileges, including a qualified privilege recognized by statute or court precedent in forty-eight states and several federal circuits that allows journalists to protect confidential sources. Meanwhile, ethical practices for social science surveys require ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
The Force and the Resistance: Why Changing the Police Force is Neither Inevitable, Nor Impossible
U. Pa. J.L. & Soc. Change
Date: 2017
By: Ryan Cohen (Harvard Law School Law Student)
20 U. Pa. J.L. & Soc. Change 105-123
Studies show that people can evolve and, when they do, their evolution happens in a patterned and replicable way. Organizations, which are created, directed, and made up of people, are no different. Indeed, organizational psychology and change-management theory-embraced in the business sector-shed ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Interpreting Injustice: The Department of Homeland Security's Failure to Comply with Federal Language Access Requirements in Immigration Detention
Harv. Latino L. Rev.
Date: April 2017
By: Katherine Beck
20 Harv. Latino L. Rev. 15-50
This Comment analyzes how DHS and ICE are noncompliant with federal language access policy, EO 13166, and Title VI. In Part II, I provide a background legal framework on language access and national origin discrimination and put immigration detention into that context. In Part I, I analyze how DHS ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
"A House Divided": A Response to Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects
U. Pa. J.L. & Soc. Change
Date: 2011
By: W. Tucker Carrington (University of Mississippi School of Law Faculty)
15 U. Pa. J.L. & Soc. Change 1-24
Professor Smith begins her article by immediately conceding that there is now little debate about the impact of innocence work. She readily acknowledges the power of DNA evidence to free the wrongly convicted and, in the process, to raise serious questions about certain fundamental conceptions in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Supermax Administration and the Eighth Amendment: Deference, Discretion and Double Bunking
U.C. Irvine L. Rev.
Date: 2015
By: Keramet Reiter (University of California Irvine School of Law Faculty)
5 U.C. Irvine L. Rev. 89-150
This Article explores the constitutionality of supermax prisons, focusing on one of the earliest and largest supermaxes in the United States, California's Pelican Bay State Prison, and one of the first court cases to consider supermax constitutionality, Madrid v. Gomez. Although international human ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
An Impossible Standard: The California Parole Board Process for Inmates with Cognitive Impairments
S. Cal. L. Rev.
Date: 2018
By: Amber Heron (University of Southern California Gould School of Law Law Student)
91 S. Cal. L. Rev. 990-1019
This Note argues that reform must come from re-envisioning the manner in which the parole process is administered and by applying a truly individualized approach. To be clear, the legal standard of current dangerousness is not at issue; it is the process by which the parole board determines a given ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Formal Marriage
St. Louis L.J.
Date: 2016
By: Jeffery Redding (Saint Louis University School of Law Law Student)
60 St. Louis L.J. 671-693
This Article aims to account for the emerging constitutional and legal
concern with paper forms, especially in the context of marriage rights in the United States. The goal of this Article's exploration of "formal marriage" is twofold, namely to explain how it is that marriage rights in the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement
Idaho L. Rev.
Date: 2018
By: Naomi Doraisamy (University of Idaho College of Law Law Student)
54 Idaho L. Rev. 410-466
This Article examines the long shadow cast on local policing by Terry v.
Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Polycentricity and Queue Jumping in Public Law Remedies: A Two-Track Response
Univ. of Toronto L.J.
Date: Winter 2016
By: Kent Roach (University of Toronto Law Faculty)
66 Univ. of Toronto L.J. 3-52
This article examines complex public law remedies in light of Lon Fuller’s famous critique that courts are ill-equipped to deal with polycentric or multifaceted issues and the related critique that remedies for health care and other socio-economic rights result in queue jumping. Most contemporary ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Taking Sex Discrimination Seriously
Denv. U. L. Rev.
Date: 2015
By: Vicki Schultz (Yale Law School Faculty)
91 Denv. U. L. Rev. 995-1120
The fiftieth anniversary of Title VII's ban on sex discrimination provides an occasion to reflect on its successes and failures in achieving workplace sex equality. Although considerable progress has occurred, advances have been both uneven and unsteady. This Article shows that a primary limit on ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
The Health of Undocumented Mexicans in New York City
Chicana/o-Latina/o L. Rev.
Date: 2013
By: Gerald P. Lopez (UCLA School of Law Faculty)
32 Chicana/o-Latina/o L. Rev. 1-250
In this Article, Professor Gerald P Lopez analyzes how this study - more accurately, the effort of which the study is a part - aims at once to close two gaps: the gap between what we now know and what we might learn about the health of undocumented Mexicans in New York City, and the gap between ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Immigrant Covering
Wm. & Mary L. Rev.
Date: 2017
By: Stella Burch Elias (University of Iowa College of Law Faculty)
58 Wm. & Mary L. Rev. 765-856
Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or "liminal" rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
There's No Place like Home: Realizing the Vision of Community-Based Mental Health Treatment for Children
DePaul L. Rev.
Date: 2012
By: Yael Zakai Cannon (University of New Mexico School of Law Faculty)
61 DePaul L. Rev. 1049-1128
This Article argues that local and state public agencies often fail to comply with their duties and fulfill the aims of these federal regimes, leading to unnecessary institutionalization of youth. This Article expands the analysis of the legal systems affecting at-risk youth by looking at them ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Anti-Gay Curriculum Laws
Colum. L. Rev.
Date: 2017
By: Clifford Rosky (University of Utah S.J. Quinney College of Law Faculty)
117 Colum. L. Rev. 1461-1542
Since the Supreme Court's invalidation of anti-gay marriage laws,
scholars and advocates have been debating the LGBT movement's near-
term strategies and priorities. This Article joins that conversation by de-
veloping the framework for a national campaign to repeal or invalidate ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Challenges Facing LGBTQ Youth
Geo. J. Gender & L.
Date: 2017
By: Mudasar Khan, Kelly McLaughlin, Peter Mezey & Daniel Robertson
18 Geo. J. Gender & L. 475-536
This Article will discuss the myriad of challenges faced by lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth in the United States. The Article will focus on issues faced by LGBTQ youth in school as well as the issues faced by families with LGBTQ children, including increased risk ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Workers, Dignity and Equitable Tolling
Nw. U. J. Int'l Hum. Rts.
Date: 2017
By: Diane Rudolph (Harvard Law School Faculty)
15 Nw. U. J. Int'l Hum. Rts. 126-167
The argument proceeds in four parts. In Part I, for the non-specialist the article provides an overview of how workers bring employment discrimination lawsuits in the United States and at which points they may encounter delays. The process is far from intuitive. Its complexities present multiple ...
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CASE ADDITIONS
January 16, 2020
Lippert v. Godinez
Case Category: Prison Conditions
Trial Docket: 1:10-cv-04603 (N.D. Ill.)
PC-IL-0032
In 2010, a prisoner from the Stateville Correction Center filed this case in the US District Court for the Northern District of Illinois. The case certified a class of all prisoners in Illinois who receive medical or dental care. The plaintiffs alleged long-standing, systemic violations of Eighth Amendment rights in the failure to properly follow prescribe procedures for prisoners' medical treatment. After lengthy litigation, the parties settled on the eve of trial in 2019. The defendants are currently under a consent decree to reform medical care in the Illinois prisons. The case is ongoing.
View Case Detail (PC-IL-0032)


CASE ADDITIONS
January 15, 2020
Georgia Advocacy Office v. Jackson
Case Category: Jail Conditions
Trial Docket: 1:19-cv-01634-WMR-JFK (N.D. Ga.)
JC-GA-0034
In April 2019, two female detainees in the South Fulton Municipal Regional Jail and the Georgia Advocacy Office filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia. Plaintiffs alleged that defendants violated the Eighth Amendment, Fourteenth Amendment Equal Protection Clause, and the Americans with Disabilities Act by placing detainees with mental disabilities in prolonged solitary confinement, maintaining conditions of confinement that deprived the plaintiffs of basic human needs, excluding plaintiffs and other women from the competency restoration program on the basis of sex, and denying plaintiffs’ access to important services and programs solely by reason of their disabilities. The court granted a preliminary injunction in July 2019, which the defendants appeals. The case is ongoing.
View Case Detail (JC-GA-0034)


CASE ADDITIONS
January 15, 2020
Dowl v. Williams
Case Category: Prison Conditions
Trial Docket: 3:18-cv-00119-HRH (D. Alaska)
PC-AK-0002
Two practicing Muslim prisoners at the Anchorage Correctional Complex filed this lawsuit in the U.S. District Court for the District of Alaska in May 2018. They alleged that the prison instituted a "Ramadan Policy" during the Ramadan seasons of 2017 and 2018 that provided them with meals that were less in number and nutritional content than that which was legally required, and in some cases included pork, which their faith forbids them from eating. Plaintiffs alleged that this "Ramadan Policy" violated their rights under the First Amendment Free Exercise Clause, the Fourteenth Amendment Equal Protection Clause, the Eighth Amendment's ban on cruel and unusual punishment, and the Religious Land Use and Institutionalized Persons Act. On May 23, 2018, they obtained a temporary restraining order compelling the Alaska Department of Corrections (DOC) to provide them with legally adequate meals that met their religious needs through the end of Ramadan that year. In September 2019, the parties settled for injunctive and monetary relief.
View Case Detail (PC-AK-0002)


CASE ADDITIONS
January 14, 2020
Graves v. Arpaio
Case Category: Jail Conditions
Trial Docket: 2:77-cv-00479 (D. Ariz.)
JC-AZ-0008
In 1977, a group of pretrial detainees incarcerated in Maricopa County Jail filed a class action lawsuit alleging that the Maricopa County Sheriff's Office denied them constitutional rights related to overcrowding, insufficient medical care, and lack of access to courts. In 1981, the parties entered into a Consent Decree which remained in force until it was superseded by a stipulated Amended Judgment entered on January 10, 1995. On September 30, 2014, the Court issued its Fourth Amended Judgment, which terminated part of the prior judgments, but which kept some of the previous injunctive rulings in effect. The parties continued to litigate compliance until September 2019, when Judge Wake terminated the case. The case is ongoing.
View Case Detail (JC-AZ-0008)


CASE ADDITIONS
January 14, 2020
Center for Independence of the Disabled v. Metropolitan Transportation Authority
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:17-cv-02990-KBF (S.D.N.Y.)
DR-NY-0012
On April 25th, 2017, a group of New York City disability rights organizations and three individual disabled New York City residents who use wheelchairs and have frequently encountered subway outages filed this class action lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the Metropolitan Transportation Authority, the interim executive director of the Metropolitan Transportation Authority, the New York City Transit Authority, the acting president of the New York City Transit Authority, and the City of New York, under Title II of the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law (“NYCHRL”). The plaintiffs claimed that the defendants’ failure to maintain the limited number of elevators in the subway caused the systematic discriminatory exclusion of hundreds of thousands of New Yorkers with mobility disabilities from New York City’s subway system in violation of state and federal law. After extensive discovery, both parties filed motions for summary judgment on August 9, 2019. An oral argument was held on October 24 but Judge George B. Daniels reserved a decision on the motions. The case is still ongoing.
View Case Detail (DR-NY-0012)


CASE ADDITIONS
January 14, 2020
Horse v. District of Columbia
Case Category: Policing
Trial Docket: 1:17-cv-01216 (D.D.C.)
PN-DC-0013
Summary/Abstract not yet on record
View Case Detail (PN-DC-0013)


CASE ADDITIONS
January 13, 2020
Al-Mowafak v. Trump
Case Category: Immigration and/or the Border
Trial Docket: 3:17-cv-00557 (N.D. Cal.)
IM-CA-0088
This class action was filed on Feb. 2, 2017 in response to President Trump’s January 27, 2017 Executive Order (EO) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Plaintiffs, represented by the ACLU of Northern California and private counsel, also challenged the Department of State's Jan. 27 letter "provisionally revoking all valid nonimmigrant and immigrant visas" of nationals of these nations. The action was filed in the United States District Court for the Northern District of California, seeking declaratory and injunctive relief. On Mar. 6, 2017, prompted by adverse developments in the Washington v. Trump litigation in the 9th Circuit, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780. The plaintiffs quickly responded to the new EO. On Mar. 13, plaintiffs filed a first amended complaint, arguing that the new EO resolved "none of [the] fatal flaws" of the first EO. In addition to the violations stated in the first complaint, the amended complaint added that the EO violated the separation of powers "because it is contrary to Congress’s establishment of uniform rules of naturalization, as expressed in the Immigration and Nationality Act (“INA”), and because it exceeds the President’s constitutional authority at the expense of Congress’s power to legislate." On Mar. 16, plaintiffs filed a motion for preliminary injunction, to which defendants responded in opposition on Mar. 30. In the meantime, other litigation against the second EO proceeded across the country, with some rulings ultimately having nationwide effects. On Mar. 15, the U.S. District Court for the District of Hawaii enjoined the second EO in Hawaii v. Trump. Across the country in Maryland, the District Court also granted a nationwide preliminary injunction against portions of the EO in the IRAP v. Trump case. The government appealed in both cases. On Jun. 2017, the Supreme Court agreed to review both cases. In response to the Hawaii ruling, the U.S. filed a motion to stay proceedings in this case pending the outcome of that 9th Circuit appeal. Judge Orrick set the preliminary injunction hearing for May 31, after oral arguments took place in the 9th Circuit. However, in light of the 4th Circuit's ruling in IRAP v. Trump, the court vacated the preliminary injunction hearing. On Jun. 19, the court approved the parties' stipulation to stay most of the proceedings while the nationwide injunction from Hawaii v. Trump remains in effect. This case is ongoing.
View Case Detail (IM-CA-0088)


CASE ADDITIONS
January 13, 2020
City of El Cenizo v. State of Texas
Case Category: Immigration and/or the Border
Trial Docket: 5:17-cv-00404 (W.D. Tex.)
IM-TX-0045
This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the other suits in this special collection, this suit does not challenge President Trump's "Sanctuary City" Executive Order. In this consolidated action, the district court granted a preliminary injunction prohibiting SB4 from going into effect on its projected start date. The Fifth Circuit reversed the preliminary injunction and affirmed in a rehearing en banc, stating that the ordinance was facially constitutional. Some of the plaintiffs voluntarily dismissed their claims on remand. Others filed amended complaints in December 2019 and the case is alive again.
View Case Detail (IM-TX-0045)


CASE ADDITIONS
January 13, 2020
In re. Birmingham Reverse Discrimination Employment Litigation (Martin v. Wilks)
Case Category: Equal Employment
Trial Docket: 84-00903-CV-P-S (N.D. Ala.)
EE-AL-0109
White firefighters brought suit against the City of Birmingham, Alabama and the Jefferson County Personnel Board in the U.S. District Court for the Northern District of Alabama. They alleged that the defendants engaged in racially discriminatory hiring and promotion practices in violation of Title VII of the Civil Rights Act of 1964 and the Fourteenth Amendment. A trial was held in 1991 and upheld the discriminatory practice of the defendant. However, the Court of Appeals reversed the holdings of the district court and concluded that the promotion provision of the City’s affirmative action plan unnecessarily trammels the rights of non-black firefighters, and that the City did not properly consider efficacy of alternatives to race-based promotional quota system. The individual claims of the plaintiffs were ultimately dismissed from 1998 to 2004 pursuant to a settlement agreement.
View Case Detail (EE-AL-0109)


CASE ADDITIONS
January 13, 2020
Hammock v. City of Auburn
Case Category: Equal Employment
Trial Docket: 87-V-680-E (M.D. Ala.)
EE-AL-0104
Summary/Abstract not yet on record
View Case Detail (EE-AL-0104)


CASE ADDITIONS
January 12, 2020
EEOC v. CLAY COUNTY BOARD OF EDUCATION
Case Category: Equal Employment
Trial Docket: 1:98-cv-02889-RBP (N.D. Ala.)
EE-AL-0019
On November 18, 1998, the EEOC commenced an action against the Clay County Board of Education in the U.S. District Court for the Northern District of Alabama. The parties settled this case on February 29, 2000 and Judge Propst dismissed the case without prejudice. The case is now closed.
View Case Detail (EE-AL-0019)


CASE ADDITIONS
January 12, 2020
Sims v. Montgomery County
Case Category: Equal Employment
Trial Docket: C.A. No. 3708-N (M.D. Ala.)
EE-AL-0092
On June 26, 1972, two African American employees filed a lawsuit on behalf of a class of black county employees against the Montgomery County Commission and various county officials in the U.S. District Court for the Middle District of Alabama. The plaintiffs claimed that they were denied employment as probate clerks in the Montgomery County probate office on the basis of their race in violation of 42 U.S.C. § 2000e-2, also known as Title VII of the Civil Rights Act of 1964, and the fourteenth amendment to the Constitution. A year later, on March 22, 1973, Judge Myron H. Thompson entered a consent decree requiring that all hiring and personnel practices, programs and procedures must be conducted on a non-discriminatory basis without regard to race, color, creed or national origin. After several plaintiffs intervened, Judge Thompson issued a permanent injunction prohibiting the Sheriff's Department from assigning its offers to patrol cars and to neighborhoods based on the officers’ race. In addition, The Sheriff's Department must also change its procedures with regard to promotions, discipline, transfers, and job assignments. On June 9, 1998, Judge Thompson ruled that the county had achieved the objectives of the 1973 plan for remedying racial discrimination in employment and the county sheriff was in compliance with a 1990 injunction prohibiting further employment discrimination. Thus, the case was dismissed.
View Case Detail (EE-AL-0092)


CASE STUDIES
January 11, 2020
"Voluntary Interdistrict School Desegregation in St. Louis: The Special Master's Tale"
Date: 1986
By: D. Bruce La Pierre (Washington University in St. Louis Faculty)
1987 Wis. L. Rev. 971
View Case Study Detail  


CASE STUDIES
January 11, 2020
"Unending Struggle: The Long Road to an Equal Education in St. Louis"
Reedy Press
Date: 2004
By: Judge Gerald W. Heaney & Dr. Susan Uchitelle
View Case Study Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 11, 2020
Pro Se Muslim Prisoner Reaches Religious Rights Settlement Agreement with Virginia Prison Officials
Date: June 2009
By: David M. Reutter (Prison Legal News)
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 11, 2020
Sheriff to end solitary confinement for teens at Palm Beach County jail under settlement
Date: November 2018
By: John Pacenti (The Palm Beach Post)
View Link Detail  


CLEARINGHOUSE LINKS TO EXTERNAL RESOURCES
January 11, 2020
Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them
Date: November 2017
By: Peter Baker and Eileen Sullivan (N.Y. Times)
View Link Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
January 8, 2020
Racial Classification and Ascriptive Injury
Wash. U. L. Rev.
Date: 2014
By: Paul Gowder (University of Iowa Faculty)
92 Wash. U. L. Rev. 325-396
This Article describes a new model of the relationship between racial
ascriptions on an individual level, private racial bias, social disadvantage,
and state action, called the cognitive hierarchical model. It argues that
racial hierarchy in the wider culture affects our ...
View Article Detail  


CASE ADDITIONS
January 6, 2020
Jones et al. v. City of Faribault
Case Category: Fair Housing/Lending/Insurance
Trial Docket: 0:18-cv-01643 (D. Minn.)
FH-MN-0002
On June 13, 2018, a resettlement non-profit for the Somali community and six Black and Somali residents of Faribault, Minnesota, filed this lawsuit in the U.S. District Court for the District of Minnesota. The plaintiffs alleged that a Faribault ordinance violated the Fair Housing Act and the equal protection clauses of the Fourteenth Amendment and Minnesota Constitution. The case is ongoing.
View Case Detail (FH-MN-0002)


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Civil Redress and Historical Memory Act of 2029: A Legislative Proposal
U. Mich. J.L. Reform
Date: Fall 2017
By: William J. Aceves (California Western School of Law Faculty)
51 U. Mich. J.L. Reform 163-240
This Article offers a legislative proposal based on the Civil Liberties Act of 1988, which Congress adopted to address the discrimination and detention of Japanese Americans during the Second World War. Based on this historical analog, this Article proposes the adoption of the Civil Redress and ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Copwatching
Calif. L. Rev.
Date: 2016
By: Jocelyn Simonson (Brooklyn Law School Faculty)
104 Calif. L. Rev. 391-446
This Article explores the phenomenon of organized copwatching-groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police. The Article ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Principled Policing: Warrior Cops and Guardian Officers
Wake Forest L. Rev.
Date: 2016
By: Seth W. Stoughton (University of South Carolina School of Law Faculty)
51 Wake Forest L. Rev. 611-676
This article contends that a more fundamental reform is necessary: the core principles of policing need to be adjusted to change how officers view their job and their relationship with the community. Law enforcement has long taken great pride in its adherence to a Warrior ethos, which emphasizes ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Stops and Stares: Street Stops, Surveillance and Race in the New Policing
Fordham Urb. L.J.
Date: 2016
By: Jeffrey Fagan, Anthony A. Braga, Rod K Brunson, April Pattavmna (Columbia University Law School Faculty)
43 Fordham Urb. L.J. 539-614
This article examines racial disparities under a unique configuration of the street stop prong of the "new policing"-the inclusion of non-contact observations (or surveillances) in the field interrogation and observation activity of Boston Police Department officers. The authors show that Boston ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Class Action Myopia
Duke L.J.
Date: February 2016
By: Maureen Carroll (UCLA School of Law Law Student)
65 Duke L.J. 843-908
Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief. This Article argues that the myopic focus on the aggregated- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Border Wall Foundations
Williamette L. Rev.
Date: 2018
By: F. Cartwright Weiland
54 Williamette L. Rev. 427-494 2018
This article examines law and history related to President Donald Trump's "border wall, " and Mexico's alleged financial responsibility for the wall's construction. It argues that two classical texts provide a useful framing for the supplementary role Mexico - and Mexican law plays in achieving US ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Right To Be Rescued: Disability Justice in an Age of Disaster
Yale L.J.
Date: 2015
By: Adrien A. Weibgen (Yale Law School Law Student)
124 Yale L.J. 2406-2469
This Note explores the legal responsibilities that local governments have toward marginalized communities in a time of crisis and argues that people with disabilities (PWDs) have a "right to be rescued": a legal right to have their unique needs accounted for and addressed in emergency planning ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Alone and Unrepresented: A Call to Congress to Provide Counsel for Unaccompanied Minors
Harv. J. on Legis.
Date: 2013
By: Shani M. King (University of Florida Levin College of Law Faculty)
50 Harv. J. on Legis. 331-384
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Wash. U. L. Rev.
Date: 2018
By: Jennifer Lee Koh (Western State College of Law Faculty)
96 Wash. U. L. Rev. 337-394
This Article is the first to consider the interplay of expedited removal and
reinstatement. It traces the operation of the two removal processes, both
independently and in combination with each other. It emphasizes the harsh statutory bars on judicial and habeas review, and the ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Overseeing Agency Enforcement
Geo. Wash. L. Rev.
Date: 2016
By: Rachel E. Barkow (NYU School of Law Faculty)
84 Geo. Wash. L. Rev. 1129-1186
A big part of what agencies do-indeed, the core of their executive
power-is law enforcement. Whether it is a statute or an agency regulation, agencies make sure that individuals and entities comply with the law. In the case of some agencies, such as prosecutors' offices or police departments, ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Intersection of Law, Policy, and Police Body-Worn Cameras: An Exploration of Critical Issues
N.C. L. Rev.
Date: 2018
By: Michael D. White, Henry F. Fradella (Arizona State University Faculty)
96 N.C. L. Rev. 1579-1638
Police body-worn cameras ("BWCs") have diffused rapidly among U.S. law enforcement, in part because of early studies which suggested that the technology could produce important outcomes for police and their communities. The potential for BWCs to produce positive outcomes is affected by a wide range ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
"Amorphous Federalism" and the Supreme Court's Marriage Cases
Loy. L.A. L. Rev.
Date: 2014
By: David B. Cruz (University of Southern California Gould School of Law Faculty)
47 Loy. L.A. L. Rev. 393-450
This Article addresses the U.S. Supreme Court's decisions in
Hollingsworth v. Perry and United States v. Windsor, the two cases in
the October 2012 Term that took up issues of marriage rights of same-
sex couples. After Part I of the Article provides a brief Introduction, ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The Right Choice for Elections: How Choice Voting will End Gerrymandering and Expand Minority Voting Rights, from City Councils to Congress
U. Rich. L. Rev.
Date: 2013
By: Rob Richie, Andrew Spencer (Haverford College Faculty)
47 U. Rich. L. Rev. 959-1014
This article recommends a different approach, grounded in replacing winner-take-all voting rules with choice voting, both as a generally applied voting method and as a preferred remedy in Voting Rights Act cases. In Section I, it reviews the major winner-take-all methods for electing legislative ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Federal Civil Litigation as an Instrument of Police Reform: A Natural Experiment Exploring the Effects of the Floyd Ruling on Stop-and-Frisk Activities in New York City
Ohio St. J. Crim.
Date: 2016
By: Michael D. White, Henry F. Fradella, Weston J. Morrow, Doug Mellom (Arizona State University Faculty)
14 Ohio St. J. Crim. L. 9-66
Stop-and-frisk has emerged as a popular crime control tactic in American policing. Though stop-and-frisk has a long, established legal history, the recent experiences in many jurisdictions demonstrate a strong disconnect between principle and practice. Arguably, stop-and-frisk has become the next ...
View Article Detail  


ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
There's No Place like Home: Reshaping Community Interventions and Policies to Eliminate Environmental Hazards and Improve Population Health for Low-Income and Minority Communities
Harv. L & Pol'y Rev.
Date: 2018
By: Emily A. Benfer, Allyson E. Gold (George Washington University Law School Faculty)
11 Harv. L & Pol'y Rev. S1
In recent years, local governments across the country have passed crime free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
One-Strike 2.0: How Local Governments Are Distorting a Flawed Federal Eviction Law
UCLA L. Rev
Date: 2018
By: Kathryn V. Ramsey (George Washington Law School Faculty)
65 UCLA L. Rev. 1146-1199
In recent years, local governments across the country have passed crime-free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Sexual Abuse in California Prisons: How the California Rape Shield Fails the Most Vulnerable Populations
UCLA Women's L.J.
Date: 2014
By: Tasha Hill (University of California Los Angeles School of Law Law Student)
21 UCLA Women's L.J. 89-143
Primarily, the author argues that the rape shield exclusion is unconstitu-
tional under the Equal Protection Clause of the Fourteenth Amend-
ment, since there is no rational basis for the exclusion. Additionally,
while the California rape shield exclusion is not mentioned specif- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The Importance of the Political in Immigration Federalism
Ariz. St. L.J.
Date: Jan. 31, 2013
By: S. Karthick Ramakrishnan, Pratheepan Gulasekaram (University of California Riverside Faculty)
44 Ariz. St. L.J. 1431-1488
This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Fixing Deference in Youth Crimmigration Cases
N.M. L. Rev.
Date: Summer 2018
By: Esther K. Hong
48 N.M. L. Rev. 330-372
This Article focuses on another type of judicial deference-one that has not yet been addressed by scholars. It has a significant impact on immigration cases involving noncitizen minors and young adults, referred to collectively in this Article as "noncitizen youth," who have state offense findings ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Is Integration a Discriminatory Purpose?
Iowa L. Rev.
Date: 2011
By: Michelle Adams (Yeshiva University Cardozo School of Law Faculty)
96 Iowa L. Rev. 837-884
Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes-for the very first time-government action taken to avoid disparate-impact liability and to integrate the ...
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CASE STUDIES
December 11, 2019
"Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison"
UCLA L. Rev.
Date: 2016
By: Sara McDermott (UCLA School of Law Law Student)
63 UCLA L. Rev. 712-759
Young people locked up in juvenile prisons have an enormous need for mental healthcare, one which juvenile prisons have consistently found themselves unable to meet. As a result, many incarcerated young people end up being denied the care they deserve. Yet for years, courts have implemented a ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Gideon Incarcerated: Access to Counsel in Pretrial Detention
U.C. Irvine L. Rev.
Date: 2018
By: Johanna Kalb (Loyola University New Orleans College of Law Faculty)
9 U.C. Irvine L. Rev. 101-140
This Article traces the hidden ways in which mass incarceration has worked to thwart Gideon's promise, both in fact and in law, for incarcerated criminal defendants. It then proposes possibilities for reinvigorating the Sixth Amendment's protections, through intersecting strategies for regulation ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Detaining Families: A Study of Asylum Adjudication in Family Detention
Calif. L. Rev.
Date: 2018
By: Ingrid Eagly, Steven Shafer, Jana Whalley (UCLA School of Law, Faculty)
106 Calif. L. Rev. 785-868
This Article presents the findings of the first national study of the practice of detaining families as they pursue relief in United States immigration courts. The records the authors analyze were obtained from the Executive Office for Immigration Review (EOIR), the division of the Department of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
How Mainstream Reformers Design Ambitious Reentry Programs Doomed to Fail and Destined to Reinforce Targeted Mass Incarceration and Social Control
Hastings Race & Pov. L.J.
Date: 2014
By: Gerald P. Lopez (UCLA School of Law Faculty)
11 Hastings Race & Pov. L.J. 1-110
Ambitious reentry programs always have been the right and the wise thing to do. That is true, whether you regard yourself as hugely in favor of the "get tough on crime" (and its "War on Drugs") or hugely opposed. Among most militant opponents, and emphatically in my own view, reentry has always ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Policing Through an American Prism
Yale L.J.
Date: 2017
By: Debo P. Adegbile
126 Yale L.J. 2222-[ix]
Policing practices in America are under scrutiny. Video clips, protests, and media coverage bring attention and a sense of urgency to fatal police civilian incidents that are often accompanied by broader calls for reform. Tensions often run high after officer involved shootings of unarmed civilians, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The IDEA of an Adequate Education for All: Ensuring Success for Incarcerated Youth with Disabilities
J.L. & Educ.
Date: 2013
By: Jennifer A. L. Sheldon-Sherman
42 J.L. & Educ. 227-274
This article focuses on the education of youth with disabilities in the juvenile justice system, with particular emphasis on the role of litigation in reforming educational services for incarcerated youth. Through an analysis of California's response to the Farrell v. Tilton litigation," this ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Governing the American Police: Wrestling with the Problems of Democracy
U. Chi. Legal F.
Date: 2016
By: Samuel Walker (University of Nebraska at Omaha Faculty)
2016 U. Chi. Legal F. 615-660
This Article argues that the central problem of governing the police is that we suffer not from a lack of democratic control, but from a rather well functioning process of democratic governance in the pursuit of the wrong values. The democratic ideal of policing is that law enforcement agencies ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Reviving the Carefully Limited Exception: From Jail to GPS Bail
Faulkner L. Rev.
Date: 2013
By: Alexis Causey
5 Faulkner L. Rev. 59-114
California's prisons are grossly overcrowded, violating the United States Constitution.' To solve this problem, the California Legislature passed the Public Safety Realignment Act, Assembly Bill 109. The Act aims to decrease prison populations by sending non-violent, non-serious, and non-sex ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Access to Justice for Asylum Seekers: Developing an Effective Model of Holistic Asylum Representation
U. Mich. J.L. Reform
Date: 2015
By: Sabrineh Ardalan (Harvard Law School Faculty)
48 U. Mich. J.L. Reform 1001-1038
The United States does not guarantee asylum seekers the help of an advocate or a lawyer. This fact alone presents a serious barrier to access to justice given the complexities of the U.S. asylum system. A national study found that fewer than forty percent of immigrants facing removal were ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Government Access to and Manipulation of Social Media: Legal and Policy Challenges
How. L.J.
Date: 2018
By: Rachel Levinson-Waldman (New York University School of Law Faculty)
61 How. L.J. 523-562
This essay highlights issues arising from law enforcement's use of social media for a range of purposes; analyzes the legal framework that governs its use; and proposes basic principles to govern law enforcement's access to social media in order to ensure transparency and safeguard individuals' ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
The Union of Contraceptive Services and the Affordable Care Act Gives Birth to First Amendment Concerns
Alb. L.J. Sci. & Tech.
Date: 2013
By: Evelyn M. Tenenbaum (Albany Law School Faculty)
23 Alb. L.J. Sci. & Tech. 539-580
In the Patient Protection and Affordable Care Act (ACA), the Obama Administration attempted to deal with the underutilization of preventive services by requiring that some of these services be provided free of charge. In implementing the Act, the Department of Health and Human Services (HHS) ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
From Mass Incarceration to Mass Control, and Back Again: How Bipartisan Criminal Justice Reform May Lead to a for-Profit Nightmare
U. Pa. J.L. & Soc. Change
Date: 2017
By: Carl Takei (National Prison Project of the American Civil Liberties Union (ACLU) Faculty)
20 U. Pa. J.L. & Soc. Change 125-183
Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes for Community Uses
Am. U. L. Rev.
Date: 2015
By: Valerie Schneider (Howard University School of Law Faculty)
65 Am. U. L. Rev. 399-434
In urban cores, abandoned, bank-owned, foreclosed homes attract crime, drain value from neighboring properties, and deplete the resources of municipalities, creating economic black holes in communities. Groups of activists affiliated with the Occupy Our Homes movement have been working to undo the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beyond Deliberate Indifference: Improving Jail Health Care with False Claims Acts
Va. J. Soc. Pol'y & L.
Date: 2017
By: Nina Goepfert (University of Virginia School of Law Law Student)
25 Va. J. Soc. Pol'y & L. 123-157
Over 11 million people are admitted into U.S. jails annually. Every year countless men and women die in jail before they are convicted of any crime because health care providers neglect their medical needs. Jail health care is a frequent and worthy subjection of litigation. Section 1983 has ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Getting There: On Strategies for Implementing Criminal Justice Reform
Berkeley J. Crim. L.
Date: Spring 2018
By: Susan N. Herman (Brooklyn Law School Faculty)
23 Berkeley J. Crim. L. 32-72
This essay will reflect on the toolbox of strategies for criminal justice reform, offering examples of recent successes in state legislative revision; in a ballot initiative where the state legislature rejected reform measures favored by the public; in state and federal courts (challenges to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Policing Black Residents as Nuisances: Why Selective Nuisance Law Enforcement Violates the Fair Housing Act
Harv. J. Racial & Ethnic Just.
Date: 2018
By: Rachel Smith
34 Harv. J. Racial & Ethnic Just. 87-116
Across the county, cities and suburbs especially those with increasing minority populations are passing 'crime-free' housing laws and other broad new nuisance laws that give police unprecedented discretion to compel evictions. Towns are also discriminatorily enforcing existing nuisance laws, which ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Future of the Fourth Amendment: The Problem with Privacy, Poverty and Policing
U. Md. L.J. Race, Religion, Gender & Class
Date: 2014
By: Kami Chavis Simmons (Wake Forest University School of Law Faculty)
14 U. Md. L.J. Race, Religion, Gender & Class 240-272
For decades, the reasonable expectation of privacy has been the
primary standard by which courts have determined whether a “search”
has occurred within the meaning of the Fourth Amendment. The
Supreme Court’s recent decision in U.S. v. Jones, however, has
reinvigorated ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beginning to End Racial Profiling: Definitive Solutions to an Elusive Problem
Wash. & Lee J. Civil Rts. & Soc. Just.
Date: 03/18/2011
By: Kami Chavis Simmons (Wake Forest University Law School Faculty)
18 Wash. & Lee J. Civil Rts. & Soc. Just. 25-54
Undoubtedly, the pernicious practice of racial profiling, or at least the
perception that this practice occurs, has caused many citizens to alter their routine to avoid the indignity of yet another police stop. Unfortunately, there is a growing body of evidence that suggests that the ...
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CASE ADDITIONS
December 7, 2019
Latino Officers Ass'n of New York v. City of New York
Case Category: Equal Employment
Trial Docket: 1:99-cv-09568 (S.D.N.Y.)
EE-NY-0208
On September 9, 1999, Latino and African-American police officers brought this putitive class action against the City of New York and the New York Police Department under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, 42 U.S.C. §§ 1981, 1983, 1985, and state and local law, seeking an injunction to abolish discrimination. On September 15, 2004, Judge Kaplan approved a settlement agreement between the parties, and NYPD agreed to pay the plaintiffs $20 million and pay class counsel $4.8 million for attorneys’ fees and costs. The case is now closed.
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CASE ADDITIONS
December 6, 2019
Raymond v. The City of New York
Case Category: Equal Employment
Trial Docket: 1:15-cv-06885 (S.D.N.Y.)
EE-NY-0285
On August 31,2015, a group of minority New York City police officers who had been disciplined or fired filed a class action suit against the New York City Police Department in the U.S. District Court for the Southern District of New York. Plaintiffs are alleging the police department mandates an unofficial quota policy and that minority officers within the department have been discriminated against for complaining about and not following this unofficial policy. After resubmitting a new complaint, discovery progressed and a settlement conference occurred on December 4, 2019. The parties did not settle. The case is ongoing.
View Case Detail (EE-NY-0285)


CASE ADDITIONS
December 5, 2019
American Council of the Blind v. O'Neill
Case Category: Disability Rights-Pub. Accom.
Trial Docket: 1:02-cv-00864-JR (D.D.C.)
DR-DC-0001
The American Council of the Blind sued the Treasury Department in the U.S. District Court of the District of Columbia in 2002 to get paper currency redesigned so that persons with visual impairments can recognize the denominations without having to rely on sighted people or scanners for help. In 2006, Judge James Robertson declared that the Department of the Treasury was violating section 504 of the Rehabilitation Act by failing to make banknotes accessible to the line and visually impaired. In 2008, the court also ordered the government to make prioritize accessibility design changes and to report on its progress towards full accessibility every six months until full compliance is reached. After Treasury indicated that full compliance would not be reached until sometime between 2026 and 2038 (instead of 2018, as initially projected), the plaintiffs moved to modify the 2008 injunction to require a hard deadline of 2026 for accessible $5, $10, $20, and $50 bills. Judge Beryl Howell denied this motion, leaving the deadline of the injunction open-ended. The plaintiffs appealed in 2017, and the DC Circuit Court of Appeals held that Judge Howell had not based her denial on a sufficient factual record. Judge Howell again denied the plaintiffs' motion to modify in 2019, and the plaintiffs again appealed the court's decision. As of December 5, 2019, the appeal is still ongoing and no oral argument has been scheduled. The case is ongoing.
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CASE ADDITIONS
December 3, 2019
Fraihat v. U.S. Immigration and Customs Enforcement
Case Category: Immigration and/or the Border
Trial Docket: 5:19-cv-01546 (C.D. Cal.)
IM-CA-0147
In August 2019, 15 individuals who are currently detained by U.S. Immigration and Customs, as well as two nonprofit groups who advocate for immigrant rights, filed a class action suit against U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement for violating their Fifth Amendment rights, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. The case is ongoing and is in the U.S. District Court for the Central District of California. The plaintiffs seek injunctive relief and immigration reform.
View Case Detail (IM-CA-0147)