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Michael S. Finch et al., Federal Courts: Context, Cases, and Problems (3rd ed., Aspen Publishers, 2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Bennett Gershman on the Prosecutor’s Role as “Minister of Justice”, 16 Ohio St. J. Crim. L. 399 (2019)Clicking on the button will copy the full recommended citation.
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Robyn Powell et al., Adaptive Parenting Strategies Used by Mothers with Physical Disabilities Caring for Infants and Toddlers, 27 Health & Social Care in the Community 889 (2019)Clicking on the button will copy the full recommended citation.
There is a paucity of information concerning adaptive parenting strategies utilised by mothers with physical disabilities, particularly during early motherhood. The purpose of this study is to describe the adaptive strategies used by mothers with physical disabilities during early motherhood. This qualitative study included semi-structured telephone interviews between January and March 2014 with US mothers with a range of physical disabilities who had a baby within the past 10 years (N = 25). Interviews were audio-recorded, professionally transcribed, and coded using content analysis. Analysis revealed five broad themes indicating important adaptive parenting strategies for mothers with physical disabilities caring for infants and toddlers: They are as follows: (a) acquiring or modifying baby-care equipment, (b) adapting the home environment, (c) accessing information and supports, (d) developing communication strategies to facilitate safety, and (e) receiving assistance from others. This study indicates that mothers with physical disabilities employ a variety of adaptive strategies during early motherhood. The findings from the study suggest the need for more availability of supports and equipment for mothers with physical disabilities as well as information for prospective mothers with disabilities. In addition, healthcare and social work professionals must receive training about adaptive parenting strategies.
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Jason S. Palmer, Emotional Intelligence and Homophobia, 54 Wake Forest L. Rev. 1135 (2019)Clicking on the button will copy the full recommended citation.
Emotional intelligence dictates that individuals react in a certain way because they are wired to respond emotionally to certain triggers. These emotional triggers can be either positive or negative. Those who understand the use of negative emotional intelligence can channel manipulative behavior into concrete outcomes as a direct result of the feelings created. Negative emotional intelligence thus can be used to perpetuate groupthink, which leads to bias, prejudice, stereotypes, and stigmatization.
Bias, both deliberate and implicit, is still prevalent with regard to the lesbian, gay, bisexual, and transgender (“LGBT’) community despite the strides and advances that have occurred since the Supreme Court ruling in Obergefell v. Hodges. This proposition is demonstrated in “religious freedom” arguments presented in the Supreme Court case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. It is also apparent in the Department of Defense’s “national security” approach to transgender individuals. The use of these terms — “religious freedom” and “national security” — allows people to mask their implicit bias and permits marginalization of this minority group.
This Article will demonstrate that by using the lenses of religious freedom, religious speech, and national security, anti-LGBT bias can be disguised and the dignity of LGBT individuals harmed. These lenses allows individuals to argue that it is not homophobic to refuse to bake a cake or take wedding photos, or that it is not transphobic to ban transgendered individuals from military service, but rather it is a principled stand based on religious beliefs and national security. To counter these negative attacks, positive emotional intelligence must be reinforced through reiterating and reflecting on how values such as equality and dignity should uphold the social good and not be used to harm a disenfranchised and minority group.
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Ellen S. Podgor, Bruce Jacob: A leading Voice in Public Defense, 48 Stetson L. Rev. 305 (2019)Clicking on the button will copy the full recommended citation.
This Essay examines the events that led to Dean Emeritus Bruce Jacob being the recipient of the National Association of Criminal Defense Lawyers’ (NACDL) prestigious Champion of Indigent Defense Award. Dean Jacob represented the State of Florida in the Gideon v. Wainwright case, arguing for adherence to Betts v. Brady which did not provide the right to counsel for indigent state defendants absent special circumstances. After arguing Gideon in the Supreme Court, he spent much of his career advocating for indigent defendants’ rights to effective assistance of counsel. Although some may find an irony in these two roles, this Essay notes the symmetry when looking at Dean Jacob as a true “minister of justice.”
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Michèle Alexandre, Race, Space and Democracy: Locally-Based Strategies for Development, 44 The Harbinger 1 (2019)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner et al., Advocating for Science: Amici Curiae Brief of Wetland and Water Scientists in Support of the Clean Water Rule, 39 Wetlands 403 (2019)Clicking on the button will copy the full recommended citation.
The Trump administration has proposed replacing the Clean Water Rule, a 2015 regulation that defined the statutory term "waters ofthe United States" to clarify the geographic jurisdiction of the Clean Water Act. Since its promulgation, the Clean Water Rule has been subjected to numerous judicial challenges. We submitted an amici curiae brief to the United States Court of Appeals for the Sixth Circuit, explaining why the Clean Water Rule, and its definition of "waters of the United States," is scientifically sound. The definition of "waters of the United States" is a legal determination informed by science. The best available science supports the Clean Water Rule’s categorical treatment of tributaries because compelling scientific evidence demonstrates that tributaries significantly affect the chemical, physical, and biological integrity of traditional navigable waters (primary waters). Similarly, the best available science supports the Clean Water Rule’s categorical treatment of adjacent waters based on geographic proximity. Compelling scientific evidence demonstrates that waters within 100 ft of an ordinary high water mark (OHWM) significantly affect the chemical, physical, and biological integrity of primary waters, as do waters within 100-year floodplains and waters within 1500 ft of high tide lines of tidally influenced primary waters or OHWMs of the Great Lakes. This review article is adapted from that amici brief.
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Rebecca Kihslinger et al., In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across the Country (Environmental Law Institute, 2019)Clicking on the button will copy the full recommended citation.
Nationwide, in-lieu fee (ILF) programs provide a significant percentage of the compensatory mitigation available to offset permitted impacts to aquatic resources. This comprehensive report outlines the range of practice in ILF mitigation and describes innovative approaches across the country. The aim of this report is to support the development of effective mitigation programs by enhancing the capacity of state/local/tribal governments and others to develop or oversee ILF programs.
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Ashley Krenelka Chase, Neutralizing Access to Justice: Criminal Defendants’ Access to Justice in a Net Neutrality Information World, 84 Mo. L. Rev. 323–70 (2019)Clicking on the button will copy the full recommended citation.
This Article examines net neutrality and its impact on criminal defendants’ ability to access the courts — and justice — through access to legal information. Research in the American legal system has moved largely online, and print resources are becoming increasingly expensive and, therefore, scarcer. The move to online legal research presents difficult issues in light of the recent demise of net neutrality: If meaningful and speedy access to the Internet becomes dependent upon being able to afford an Internet “fast lane,” users will be divided into the haves and the have-nots. Criminal defendants will surely fall into the latter category, rendering their access to justice completely non-existent.
This Article will examine the legislation, regulations, and cases that brought net neutrality to the attention of the American public. It will examine how net neutrality and access to information are related, particularly in the criminal justice system. It will discuss the United States Supreme Court decisions that have impacted criminal defendants and the methods that defendants use to seek the justice and access to the courts. In detailing how the demise of net neutrality will directly harm the millions of Americans who are currently impacted by the criminal justice system — either as a defendant or as a family member or friend of one — suggestions will be made to ensure that criminal defendants retain access to justice.
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 44 Administrative & Regulatory Law News 24 (2019)Clicking on the button will copy the full recommended citation.