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Judith A.M. Scully, Examining and Dismantling the School-to-Prison Pipeline: Strategies for a Better Future, 68 Ark. L. Rev. 959 (2016)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli, Transparency and Policymaking at the Supreme Court, 32 Ga. St. U. L. Rev. 903 (2016)Clicking on the button will copy the full recommended citation.
Transparency is undoubtedly an important principle in a democratic government. It is not, however, necessarily a one-size-fits-all proposition. This holds true for issues of transparency at the Supreme Court. Whereas the Court’s traditional adjudicative responsibilities fit comfortably within norms of transparent decision making like publishing written opinions in merits cases, some of its other, more policy-oriented roles do not. This short paper considers two areas in which the Court’s activities more closely resemble policy judgments than traditional adjudication — certiorari and recusal — and uses them as examples of how the nature of the Court’s activity can impact the value of transparency in that activity. It does not seek to prove that transparency is per se less valuable in certiorari and recusal decisions, but rather to highlight the highly discretionary nature of those decisions and to propose that granting such a high degree of latitude to the Court also triggers some of the protections, like the deliberative process privilege, that are more commonly associated with policymaking by administrative agencies. The result is a call for a more context-based dialogue about transparency at the Court in hopes of promoting both our democratic values and the legitimacy of one of our most important institutions.
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Royal C. Gardner, Achieving Aichi Biodiversity Target to Improve the Performance of Protected Areas and Conserve Freshwater Biodiversity, 26 Aquatic Conservation: Marine Freshwater Ecosystems 133 (2016)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Lucian Dervan, White Collar Crime: Still Hazy After All These Years, 50 Ga. L. Rev. 709 (2016)Clicking on the button will copy the full recommended citation.
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Robyn Powell et al., Health of Young Children Whose Mothers Have Intellectual Disability, 121 American Journal on Intellectual and Developmental Disabilities 281 (2016)Clicking on the button will copy the full recommended citation.
Understanding the needs and experiences of parents with intellectual disability (ID) and their children is critical to ensuring that policies can effectively support these families. This research analyzed data from the Fragile Families and Child Wellbeing Study to examine the health outcomes of U.S. children whose mothers have (n = 263) and do not have ID (n = 1,298). Compared to mothers without ID, mothers with ID experienced worse outcomes related to socioeconomic status, limited support networks, and poor self-reported health. However, after controlling for sociodemographic characteristics, mother's intellectual disability was not associated with a child having fair or poor health, asthma, or being overweight or obese.
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Brooke J. Bowman and Jason S. Palmer, International Legal Developments Year in Review: 2015, Introduction, 50 International Legal Development Year in Review 1 (2016)Clicking on the button will copy the full recommended citation.
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Jamie G. Swaine et al., Consumers’ and Workers’ Perspectives about Consumer-Directed Services in the United States, 9 Disability and Health Journal 464 (2016)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Not So Friendly to Frenville: The Split Among Courts Regarding Accrual of Claims in Bankruptcy, 68 Baylor L. Rev. 728 (2016)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Darnesha K. Carter, Miranda at 50, 40 Champion 16 (2016)Clicking on the button will copy the full recommended citation.
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Robyn Powell and Michael Ashley Stein, Persons with Disabilities and their Sexual, Reproductive, and Parenting Rights: An International and Comparative Analysis Focus: Disability Rights in China and in the World, 11 Frontiers of Law in China 53 (2016)Clicking on the button will copy the full recommended citation.
Despite important gains in human rights, persons with disabilities — and in particular women and girls with disabilities — continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.