Legal Programs Research Articles

Designing and Implementing an Enhanced Clinical Program in the Age of Disruption. Part Two: Clinical Activities

Part One1 of this article addressed key institutional challenges in designing and implementing an enhanced clinical program, informed by a law dean’s perspective on the various institutional and individual interests involved. Part Two of this article engages with some of the key controversies and disruptions with which an enhanced clinical program needs to engage in the 21st century, one way or another. The underlying theme in this concluding part of the article is the repositioning of legal clinical programs and legal clinicians within their broader and fluid surrounding environments. [1] For Part One: see Horrigan, B. ‘Designing and Implementing an Enhanced Clinical Program in the Age of Disruption. Part One: The Environment for Clinic.’ International Journal of Clinical Legal Education 26.2 (2019): 75-104.

How do immigrant legalization programs play out in informal labor markets? The case of Senegalese street hawkers in Argentina

AbstractIn this article, we take advantage of the quasi-experimental situation of the 2013 legalization program for Senegalese citizens in Argentina to study its effects on immigrant street hawkers’ incorporation into the formal labor market, their working conditions, social integration, and collective mobilization. In order to understand the impact of legalization programs, it is important to acknowledge that in informal labor markets, the effects of amnesties are likely less pronounced than in predominantly formal markets. Furthermore, the scope of socioeconomic rights granted to unauthorized migrants and migrants’ subjective expectations and aspirations need to be taken into consideration. Based on 50 in-depth interviews and a small N survey, our study suggests that the legalization effect on Senegalese street hawkers’ access to the formal sector is limited. However, legal status does benefit migrants’ subjective well-being and their disposition to engage in collective action for labor and human rights.

POLICY SERIES: REEFER MADNESS, SADNESS, OR GLADNESS? THE CANNABIS AND OLDER PERSONS STUDY

In 2016, we began our examination of the intersection between cannabis and older persons by convening focus groups with 163 older adults from senior centers and dispensaries in nine states with varying levels of cannabis legalization. Since then, we have secured competitive research grants and contracts to examine cannabis use among older persons in California, Colorado, Illinois and Iowa. Our work is guided by the primary hypothesis that cannabis use among older persons is shaped by an individual’s calculations concerning risk (e.g., developing a cannabis use disorder, lawbreaking) and reward (e.g., relaxation, symptom relief), and individuals living in a state with a legal cannabis program may perceive less risk and also may be receiving more information about the benefits of cannabis. We also hypothesize that older adults’ access to and use of cannabis is shaped by where they live, particularly defined by local cannabis program implementation efforts and relevant contextual conditions. In this symposium, we will examine our latest work concerning (a) life-span attitudes toward cannabis, (b) clinical perspectives on counseling and certifying older persons for medical cannabis, (c) provider perspectives on state cannabis policy and program implementation, (d) cannabis use among a sample of dementia caregivers and (e) outcomes experienced by older persons who use cannabis for medical or recreational purposes. Our discussion focuses on implication for policy development and program implementation.

Global Agendas, Cultural Capital and Self-Assessment of Clinical Legal Education Programs

Modern clinical legal education programs are rich in their diversity and ambition, so much so that it is often difficult to decide if a self-described clinical program meets the description of 'clinic' or is in reality something less than that, seeking to achieve academic acceptance without investing in faculty understanding of clinical pedagogy or the money needed to provide reasonable personnel and physical infrastructure. In most countries, there has been little effort to establish standards for clinical legal education through accreditation bodies. Given the dearth of national direction, most law school deans simply decide to let the description and definition issue remain obscure. They do so for many reasons: because national legal education system bureaucrats imperfectly understand or recognise clinical methods; because students' consistent requests for more experiential legal education are muted and respectful; because traditionally-educated legal academics are wary of bringing practice-related content into their doctrinal classes; because doctrinal content is relatively cheap to teach compared to clinical methods; and finally, because finding a definition for 'clinic' and then acting on it is not required in any international accreditation context and rarely in a national context.

UM ESTUDO HISTÓRICO-INSTITUCIONAL DO PROGRAMA TERRA LEGAL DE REGULARIZAÇÃO FUNDIÁRIA NA AMAZÔNIA

O aumento da informalidade em assentamentos urbanos tem tornado a regularização fundiária uma questão fundamental nas cidades brasileiras. Na Amazônia, devido ao seu processo histórico de ocupação, que produziu desigualdade social, este é um assunto ainda mais relevante, o que levou à formulação do Programa Terra Legal de regularização fundiária urbana, com vistas à garantia do direito fundamental à moradia, garantido constitucionalmente. Este estudo tem por escopo analisar o Programa Terra Legal, sob o arcabouço teórico do neoinstitucionalismo. Trata-se de pesquisa qualitativa, que se utilizou de pesquisa bibliográfica e documental. Como principal resultado, constatou-se que o Programa Terra Legal se caracteriza mais como um ajuste incremental dentro da mesma trajetória de exclusão socioespacial, com efeitos limitados rumo à democratização do acesso ao solo.

Land of the Free, Home of the (Disgruntled) Brave: The Case for Allowing Veterans Access to Medical Marijuana

Approximately 30 percent of post-9/11 veterans have been diagnosed with Post-traumatic Stress Disorder (PTSD). Over half of U.S. veterans struggle with chronic pain, and approximately 22 veterans commit suicide every day in America. For veterans currently seeking medical treatment through Veteran Affairs (VA), 50 percent of PTSD patients cannot tolerate or do not adequately respond to existing treatments of opioids, anti-anxiety, and anti-depressant medications. While an overwhelming majority of veterans, about 83%, support the use medical marijuana, they remain unable to obtain their preferred course of treatment (or financial assistance for it) through the VA because the federal government prohibits VA health care providers from recommending MMJ. This paper argues that veterans, especially those with PTSD, should be able to obtain a recommendation, and financial assistance, for medical marijuana from the VA. This is especially true in states with legal medical marijuana programs. Veterans have recently been calling on lawmakers to help them in their time of need as they battle hosts of ailments such as PTSD, chronic pain, and opioid addiction. The government's current policy, which has allowed thirty-three states to enact legal medical marijuana programs, yet does not allow veterans to obtain a MMJ recommendation from the VA, nor obtain financial assistance for this medication, is unacceptable. This paper calls on researchers to continue to enhance our understanding of MMJ's effects on PTSD, and for lawmakers to step up and do the right thing — to give the veterans the medicinal treatment that they want, need, and deserve for laying it all out on the line for our freedoms.

Do Immigrants Threaten U.S. Public Safety?

Opponents of immigration often claim that immigrants, particularly those who are unauthorized, are more likely than U.S. natives to commit crimes and that they pose a threat to public safety. There is little evidence to support these claims. In fact, research overwhelmingly indicates that immigrants are less likely than similar U.S. natives to commit violent and property crimes, and that areas with more immigrants have similar or lower rates of violent and property crimes than areas with fewer immigrants. There are relatively few studies specifically of criminal behavior among unauthorized immigrants, but the limited research suggests that these immigrants also have a lower propensity to commit crime than their native-born peers, although possibly a higher propensity than legal immigrants. Evidence about legalization programs is consistent with these findings, indicating that a legalization program reduces crime rates. Meanwhile, increased border enforcement, which reduces unauthorized immigrant inflows, has mixed effects on crime rates. A large-scale legalization program, which is not currently under serious consideration, has more potential to improve public safety and security than several other policies that have recently been proposed or implemented.

Do Immigrants Threaten US Public Safety?

Executive Summary Opponents of immigration often claim that immigrants, particularly those who are unauthorized, are more likely than US natives to commit crimes and that they pose a threat to public safety. There is little evidence to support these claims. In fact, research overwhelmingly indicates that immigrants are less likely than similar US natives to commit violent and property crimes, and that areas with more immigrants have similar or lower rates of violent and property crimes than areas with fewer immigrants. There are relatively few studies specifically of criminal behavior among unauthorized immigrants, but the limited research suggests that these immigrants also have a lower propensity to commit crime than their native-born peers, although possibly a higher propensity than legal immigrants. Evidence about legalization programs is consistent with these findings, indicating that a legalization program reduces crime rates. Meanwhile, increased border enforcement, which reduces unauthorized immigrant inflows, has mixed effects on crime rates. A legalization program or other similar initiatives not currently under serious consideration have more potential to improve public safety and security than several other policies that have recently been proposed or implemented.

Abstract 3369: NCI’s Office of Data Sharing: Promoting broad & equitable policies and processes to improve cancer care

Abstract Data sharing increases our understanding of factors that influence health and diseases by enabling additional research questions from secondary data users, improving statistical power through combining multiple data sources, facilitating reproducibility and validation of research results, and supporting innovation with the development of research tools and methodologies. The NCI recently established an Office of Data Sharing (ODS), whose goal is to promote broad and equitable data sharing policies and processes to improve cancer knowledge and care. ODS advocates for open-access and broad data sharing policies to enable reproducibility, secondary use, knowledge sharing and innovation. ODS key priorities include: 1) coordinating the interpretation and implementation of the NCI and NIH Data-Sharing policies across the NCI, 2) streamlining data-access and -submission processes for NCI- and/or NIH-supported data repositories, 3) advocating for the proper balance of open-access, open-source, open-data-sharing policies while respecting the needs of research and participant communities. The NIH and NCI Data Sharing policies facilitate scientific progress by encouraging data access and sharing of genomic, phenotype, environmental, and behavioral data. Data access and sharing management, stewardship, and operating procedures are coordinated through a NIH governance structure of senior leadership and staff across NIH Institutes/Centers (ICs). NIH Data Access Committees (DACs) ensure data access based on shared principles and procedural standards of data management, security, privacy, and research participant protections. In efforts to improve data access efficiency, the ODS consolidated The Cancer Genome Atlas, intramural and extramural NCI DACs into a centralized operation, the NCI DAC. In comparison to other ICs, the NCI DAC receives the largest volume of data access requests (DARs) for access to controlled-tier level data. Specifically, the NCI DAC received 9214 DARs in 2017, representing 30% of all DARs received by NIH with a mean review time of 53 days, in comparison to the combined average of 35 days for all other NIH DACs. The NCI DAC oversees 216 studies registered in dbGaP, with 93 general research use (GRU) and 22 health, medical, biomedical (HMB) consent groups that allow data to be used for broader research uses. The centralized NCI DAC implemented data access review procedures for all DARs and expedited processes for projects requesting access to datasets with GRU and HMB data use limitations. These expedited procedures have produced a 26.5-fold decrease in time-to-decision from 53 to 2 days for researchers requesting access to NCI datasets. Additionally, ODS is committed to addressing health disparities ethics and is developing an Ethical, Economic, Legal, and Social Implications program that will address policies, practices, and ethical issues that arise from data sharing. Citation Format: Freddie L. Pruitt, Sylvia Shabaya Gayle, Nina Ghanem, Anna V. Mencarelli, Anthony R. Kerlavage, Vivian Ota Wang, Jaime M. Guidry Auvil. NCI’s Office of Data Sharing: Promoting broad & equitable policies and processes to improve cancer care [abstract]. In: Proceedings of the American Association for Cancer Research Annual Meeting 2019; 2019 Mar 29-Apr 3; Atlanta, GA. Philadelphia (PA): AACR; Cancer Res 2019;79(13 Suppl):Abstract nr 3369.

Правове програмування та планування заходів протидії інформаційній агресії з Криму

Правове програмування та планування заходів протидії інформаційній агресії з Криму

재정신청사건의 충실한 공소유지를 위한 방안에 대한 검토 -피해자 재정신청인의 공판 참여 방안을 제안하며-

The Petition system for adjudicaion case is legal program for checking and controlling the doctrine of prosecutorial monopoly and expediency. No one can prosecute other than Prosecutor in Korean criminal system. The most effective system in criminal process for criminal victims who want to punish a offender against the prosecutor’s disposal of nonindictment. However, it is less than 1% that court accept the petition of applicants. The more fundamental problem is that prosecutors would not faithful and fair sustainment of a public prosecution, even if court allows this petition of applicants. The prosecutors seek innocent to the charge or abandon appeal in many cases is charged by court-ordered indictment. This is a natural consequence of the principle of uniformity or identity of public prosecutors. Recently, it is argued that a lawyer designated by court should take a sustainment of public prosecution to solve this problem. I suggest the petitioner as a victim also should participate criminal trial and request for evidence and examine a witness and defendant like a party.

Enfrentamento do cyberbullying nas escolas inspirado nos princípios e metodologias da Pedagogia Social

O artigo visa compreender as dimensões da violência virtual no fenômeno do cyberbullying, tema de tese concluída do Doutorado em Educação no programa de pós-graduação da Universidade Católica de Brasília. Entre os problemas pesquisados, verificou-se o papel do professor na lida diária com estudantes que sofrem e/ou praticam a violência virtual nas escolas de Palmas/TO, em mensagens ofensivas de textos, vídeos e áudios e o descumprimento da Lei n. 13.185/2015, em vigor no Brasil desde junho de 2016. O interacionismo simbólico e o funcionalismo foram os modelos teóricos utilizados, nas perspectivas de autores como Becker (2008), na obra Outsiders, e Goffman (2013), em Estigma, para a análise dos dados gerados. A metodologia foi lastreada na pesquisa qualitativa, o que permitiu a flexibilização das técnicas de entrada em campo com aplicação de entrevistas, observação indireta e análise documental. Os documentos da pesquisa foram submetidos à Plataforma Brasil, em 07/04/2017, tendo sido emitido Certificado para Apresentação de Apreciação Ética (CAAE) n°. 69064317.0.0000.0029, aprovado em 17 de julho de 2017 pelo Comitê de Ética (CE) da UCB, parecer n°. 2.175.797. Os resultados preliminares apontaram que as escolas não têm conhecimento dos programas legais de combate à intimidação sistemática efetuada por meio de violências virtuais. Por outro lado, percebeu-se a importância de um professor engajado em sala de aula, comprometido com o ensino-aprendizagem, mas, sobretudo, envolvido na construção de uma cultura de paz, no uso de metodologias e princípios inspirados pela Pedagogia Social.

A systematic review of selected human rights programs to improve HIV-related outcomes from 2003 to 2015: what do we know?

BackgroundRepressive legal environments and widespread human rights violations act as structural impediments to efforts to engage key populations at risk of HIV infection in HIV prevention, care, and treatment efforts. The identification and scale-up of human rights programs and rights-based interventions that enable coverage of and retention in evidence-based HIV prevention and treatment approaches is crucial for halting the epidemic.MethodsWe conducted a systematic review of studies that assessed the effectiveness of human rights interventions on improving HIV-related outcomes between 1/1/2003–28/3/2015 per PRISMA guidelines. Studies of any design that sought to evaluate an intervention falling into one of the following UNAIDS’ key human rights program areas were included: HIV-related legal services; monitoring and reforming laws, policies, and regulations; legal literacy programs; sensitization of lawmakers and law enforcement agents; and training for health care providers on human rights and medical ethics related to HIV.ResultsOf 31,861 peer-reviewed articles and reports identified, 23 were included in our review representing 15 different populations across 11 countries. Most studies (83%) reported a positive influence of human rights interventions on HIV-related outcomes. The majority incorporated two or more principles of the human rights-based approach, typically non-discrimination and accountability, and sought to influence two or more elements of the right to health, namely availability and acceptability. Outcome measures varied considerably, making comparisons between studies difficult.ConclusionOur review revealed encouraging evidence of human rights interventions enabling a comprehensive HIV response, yet critical gaps remain. The development of a research framework with standardized indicators is needed to advance the field. Promising interventions should be implemented on a larger scale and rigorously evaluated. Funding for methodologically sound evaluations of human rights interventions should match the demand for human rights-based and structural approaches to protect those most vulnerable from HIV infection.

Distributing the Green (Cards): Permanent residency and personal income taxes after the Immigration Reform and Control Act of 1986

We explore how permanent residency affects personal income tax participation and net personal income tax payments using variation from the Immigration Reform and Control Act of 1986 (IRCA), which authorized the largest U.S. amnesty to date. We exploit the timing and geographic unevenness of IRCA's legalization programs alongside newly digitized data on personal income taxes in California, home to the majority of applicants. Green Cards induced the previously unauthorized to file state income tax returns at rates comparable to other California residents. While the new returns generated little additional revenue through the end of the 1990s, they did raise the incomes of families with children through new claims of the federal Earned Income Tax Credit.

Happy IP: Replacing the Law and Economics Justification for Intellectual Property Rights With a Well-Being Approach

The dominant justification for intellectual property rights at least in the West and international treaties is utilitarian, and more precisely based on the Chicago School of Law and Economics (first section). However, this school of thought is both flawed and ideological (second section). Basing protection solely on the economic aspect of utility (i.e. income) has been increasingly challenged in recent years. We thus propose that intellectual property rights should be justified using a notion of utility based directly upon well-being, rather than using income as a proxy. We outline a theory-neutral approach to well-being that could be employed for this purpose (third section). Our proposal, like any and every other legal programme, cannot avoid being ideological (fourth section) but it avoids the flaws of the Law and Economics approach. It is also not paternalistic (fifth section).

Receipt of pharmacotherapy for alcohol use disorder by justice-involved women in the Veterans Health Administration

BackgroundAlcohol use disorder (AUD) and unhealthy drinking are prevalent among women involved in the criminal justice system and women military veterans. Pharmacotherapy—including naltrexone, topiramate, acamprosate, and disulfiram—for AUD is one form of effective treatment that is associated with better health and criminal justice outcomes. The current study examined the association of justice involvement with receipt of pharmacotherapy for AUD, as well as other patient factors that may explain variation in receipt of pharmacotherapy for AUD among women veterans who receive care at Veterans Health Administration (VHA) facilities.MethodsUsing national VHA clinical records, we examined all women VHA patients who received an AUD diagnosis during an outpatient or inpatient visit in fiscal years (FY) 2014–2017. We compared patient characteristics by justice status, defined as contact with one of the VHA’s justice outreach programs, and used a mixed-effects logistic regression model to test whether justice involvement was independently associated with odds of receiving pharmacotherapy for AUD.ResultsOf 10,511 women veterans diagnosed with AUD in FY2017, 852 (8%) met our definition of justice-involved. Since FY2014, the percentage of women veterans who received pharmacotherapy for AUD increased (14–21%). Women justice-involved veterans and those who were homeless had higher odds of receiving pharmacotherapy for AUD (OR 1.29, CI 1.15–1.45; OR 1.35, CI 1.25–1.47). Women veterans age 55 or older or who were African-American had lower odds of receiving pharmacotherapy (OR 0.74, CI 0.67–0.82; OR 0.73, CI 0.68–0.79).ConclusionsWhile women involved in the criminal justice system face many barriers to accessing health and social services, women justice-involved veterans had higher odds of receiving pharmacotherapy for AUD at VHA facilities compared to women veterans with no justice involvement. Legal mandates and supportive programming directed towards veterans in the criminal justice system may explain the higher rate of receipt of pharmacotherapy observed among justice-involved women veterans. Women veterans who are homeless may also have more opportunities to access and use pharmacotherapy for AUD compared to their housed counterparts.

Theoretical and Practical Interaction Between Legal Ideology and Legal Propaganda in the Soviet Society

The main function of any ideology is to legitimize the established order of things as true, universal and unshakable. The ideological form is aimed at the formation of the addressee's specific stereotypes of behavior corresponding to the trajectory of officially recognized ideas, values, axioms, principles, norms of law. Legal ideology is a conceptualized expression of normative, political and universal methods of legal understanding. As the methods of ideological influence can be identified scientific-doctrinal and official-legal nomination, legal propaganda, legal education, legal education, etc. Legal propaganda is the systematic and purposeful dissemination in society of certain legal ideas, values, norms and programs of behavior in order to control the addressee and control his thinking and behavior, has a coercive nature in order to prevent deviation from the absolute standards of behavior. Propaganda is often one of the main means of political manipulation. At present," legal propaganda" as the most radical concept has given way to softer methods of ideological influence - "legal education" and " legal upbringing". Legal literacy and legal awareness of citizens in modern Russia is an important area of public policy, the implementation of which is entrusted to the Federal and regional public authorities, local governments, professional legal communities and public associations of lawyers, in close collaboration with civil society structures in the form of social partnerships. The involvement of public organizations for legal education of the population through legal propaganda in order to implement the state policy was actively developed in the Soviet period. Therefore, the purpose of this study is to analyze the phenomenon of the Soviet legal ideology in the context of legal propaganda by public organizations. The study was conducted within the framework of socio-cultural approach. That approach allowed expanding the idea of the place and role of legal propaganda in the Soviet society as a product of the state ideology focused on the identification of Soviet cultural values, its reglamentation and practical realisation.

Concepts of Recognition of Seagoing Service and Certificates to Crew Members of Warships in Accordance with STCW Convention

The paper analyzes the concepts of application of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, with amendments 2010 (STCW Convention), in the segment of recognition of seagoing service and certification for crew members of warships. Although the STCW Convention does not apply directly to warships, the Parties have the right to continue to recognize seagoing service and certificates of the crew members of their warships. There are different concepts of solutions related to this issue. The paper particularly analyzes legal framework under the STCW Convention. Concepts are compared in several NATO member states through a review and analysis of legal solutions and available training programs from these countries. Similarities and differences of the analyzed concepts are identified. Also, a general model of application in the national frameworks is developed. The authors conclude that it is possible to talk about the principle according to which seagoing service and certificates of the crew members of warships acquired during training and service on warships has been recognized with the fulfilment of the appropriate conditions prescribed by the Parties.

Connectivity, confidentiality and confidence: Key issues in the provision of online pro bono activities

The provision of pro bono activities for law students has become an established feature of the undergraduate legal education landscape in Law Schools in the United Kingdom (“UK”) and beyond, providing the experiential elements of clinical legal education programmes. Pro bono activities conducted online, or utilising and enhanced by technologies in other ways (for example, through the development of a mobile phone application providing legal guidance), are increasingly becoming a part of this offering, reflecting wider shifts within legal practice and society and an increasing recognition of the importance of digital literacy skills. This paper will situate these forms of online and technologically-enhanced pro bono activities both within the wider context of contemporary clinical legal education and also as a part of broader professional and societal shifts. It will explore a variety of innovative approaches being taken internationally, including work done by The Open University’s Open Justice Centre in the UK, before moving on to focus on a number of key challenges and opportunities which may arise through the increasing provision of these new forms of pro bono activities by Law Schools. These include the potential and pitfalls of the technology involved, issues with confidentiality (particularly in the context of online legal advice) and the issue of how to foster trust in the online environment. The paper will conclude with a number of suggestions for areas requiring further research and discussion to enable contemporary clinicians to fully utilise the potential of online and technologically-enhanced pro bono activities.

Introduction to a Special Issue on the Impact of Immigrant Legalization Initiatives: International Perspectives on Immigration and the World of Work

This article is the third in a series to celebrate the 70th anniversary of the ILR Review. The series features articles that analyze the state of research and future directions for important themes the journal has featured over its many years of publication. In this issue, we also feature a special cluster of articles and book reviews on one of the most critical labor market issues across the globe—the legalization and integration of immigrants into national labor markets. Despite the urgent need for immigration reform in the United States, there is a paucity of US research that looks at the impact of a shift from unauthorized to legal immigrant status in the workplace. The US immigration literature has also paid little attention to immigrant legalization policies outside of the United States, despite the fact that other countries have implemented such policies with far more regularity. The articles in this special issue draw on studies of legalization initiatives in major immigrant destinations: Canada, Italy, and the United Kingdom. Together they underscore the importance of cross-national perspectives for understanding the range of legalization programs and their impact on immigrant workers, the workplace, and the labor market. These findings contribute to key questions in migration scholarship and inform the global policy debate surrounding the integration and well-being of immigrants.