Journal

Volume VII, Spring 2017 | Law Journal for Social Justice

Editor’s Note:

The 2017 Law Journal for Social Justice Symposium, “Criminal Justice System Reform,” focused on mandatory minimums, mass incarceration, and issues in policing in two panels moderated by Professor Charles Calleros and former Phoenix Mayor and former Attorney General of Arizona Terry Goddard.  Panelists included Maricopa County Attorney Bill Montgomery, State Senator Martin Quezada, Federal Public Defender Jon Sands, 2016 Pima County Attorney Democratic candidate Joel Feinman, Will Gaona, Maricopa County Deputy Sheriff Ben Henry, Phoenix Police Department Commander Kevin Robinson, and civil rights attorney Steve Benedetto. Special thanks to our Symposium Editor, Jane Ahern, for her hard work on this wonderful event.

This academic year, the Sandra Day O’Connor College of Law relocated to its new home at the Beus Center for Law and Society in downtown Phoenix, a ‘monument to inclusion and accessibility’ where the public may learn about the law. Similarly, it is the mission of this journal to publish accessible legal literature for the public to engage with. Special thanks to our staff for their hard work and dedication in bringing these important legal issues into the public domain.

This issue begins with a discussion on the opportunity cost between diversity and electoral competitiveness in Competing Liberal Values: The Effects of VRA Sec. 2 Litigation on Electoral Competitiveness, written by Dr. Mathew Manweller, Dr. George Hawley, and Kristen Evans Hawley, JD. Next, Raneta Lawson Mack, J.D., reflects on the trials and tribulations of one of the most important cases in our constitutional history in Miranda V. Arizona in From the Sublime to the Ridiculous and Everything In-Between: Fifty Things You May or May Not Know About Miranda V. Arizona. Zachary Williams, J.D. weaves stories from actual victims of racial discrimination into the War on Drugs narrative in Race and the War on Drugs: It’s Story Time. Katherine Spindler then reflects on her experience managing a misdemeanor caseload as a Public Defender intern in Bethel, Alaska, an off-road bush community with a predominantly Yup’ik Native Alaskan population in Ask Me First: Why Making Plea Offers to Unrepresented Yup’ik Defendants in Bethel, Alaska Before Securing Counsel Perpetuates Racial Harm and Violates the Law and Professional Ethics. Next, in Black Death, Shannon Prince provides a literary tour through aspects of prejudice that African American writers have observed, while complementing black authors’ artistic depictions of the criminal justice system with legal scholarship. This issue ends with two of LJSJ’s own. Elisabeth Friedman argues for the explicit protection of transgender students’ rights under Title IX in Informal Rulemaking and “Sex”: How the Federal Government Defined Gender Identity as “Sex Discrimination” While Relying on the Unstable Auer Deference. Finally, Catherine Fu explains How Federal and State Law Enforcement Agencies Can Effectively Use Social Media in Their Cooperative Efforts to Combat Human Trafficking.

Chrisanne M. Gultz, Editor-in-Chief, Law Journal for Social Justice

Articles

Competing Liberal Values: The Effects of VRA Sec. 2 Litigation on Electoral Competitiveness by Dr. Mathew Manweller, Dr. George Hawley, and Kristen Evans Hawley, JD

From the Sublime to the Ridiculous and Everything In-Between: Fifty Things You May or May Not Know About Miranda V. Arizona by Raneta Lawson Mack, JD

Race and the War on Drugs: It’s Story Time by Zachary Williams, JD

Ask Me First: Why Making Plea Offers to Unrepresented Yup’ik Defendants in Bethel, Alaska Before Securing Counsel Perpetuates Racial Harm and Violates the Law and Professional Ethics by Katherine Spindler, JD Candidate

How to Get Away With Racism: Insidious Conservative Bias in Textbooks and the Whitewashing of Critical Events in Minority Histories by Karly Houchin, JD Candidate

Black Death by Shannon Prince, JD and PhD Candidate

Informal Rulemaking and “Sex”: How the Federal Government Defined Gender Identity As “Sex Discrimination” While Relying on the Unstable Auer Deference by Elisabeth Friedman, JD Candidate

How Federal and State Law Enforcement Agencies Can Effectively Use Social Media in Their Cooperative Efforts to Combat Human Trafficking by Catherine Fu, JD Candidate

_____________________

VOLUME VI, Spring 2016 | Law Journal for Social Justice

Editor’s Note:

The 2016 Law Journal for Social Justice Symposium, “Promising Practices in Criminal Justice” focused on current programs regarding re-entry and rehabilitation. Discussions ranged from specialty court programs like the Veteran’s Court and Homeless Court, victim-oriented rehabilitation for trafficking victims, and re-entry programs. Panelists included judges, practicing attorneys, and community organizers.

Social justice is an evolving, broadening concept, finding new meaning throughout the academic community. This journal, and the articles found herein, is designed to present these emerging concepts in a manner that allows both the jurist and the layperson to engage them. The issue begins with Zoning and Regulating for Obesity Prevention and Healthier Diets: What Does the South Los Angeles Fast Food Ban Mean for Future Regulation?, written by Kim Weidenaar, an article commenting on local zoning ordinances as tools for preventing obesity in disproportionately affected populations. However, with the second article, Eating Mascots for Breakfast: How Keeping Native Faces off Labels Can Grow Tribal Economies, Leah K. Jurss concentrates on food sovereignty in tribal communities and labeling of Native food products. Alex D. Ivan then shifts the focus by studying how electronic monitoring may be used to empower victims while reducing burdens of imprisonment spending in Utilizing Electronic Monitoring to Enhance Domestic Violence Victim Safety. Next, in Constitutional Protection of Domestic Violence Victims Reinforced by International Law Marina Kovacevic argues ratification of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in the United States. Sara Movahed, in Devastating Effects of the International Failure to Recognize Refugees of Gender Based Persecution, then examines legal shortcomings resulting when asylum based solely on a history of gender-based persecution is not considered. Through Kennedy’s Law: The Hidden Constitutionally-Protected Classification, Nicole Fries explores the necessity of Supreme Court action to provide lower courts the ability “to apply a suspect class framework to non-marriage sexual orientation laws.” Next, Erin Iungerich, in My Nurse is a Pornstar: Should Discrimination Law Protect Moonlighting in the Adult Industry?, considers protections for at-will employees participating in adult industry activities after-hours. Finally, Secrecy, Espionage, and Reasonable Efforts Under the Uniform Trade Secrets Act – An Unbalanced Mass by Peter L. Krehbiel concludes the issue by analyzing concerns that shifting costs related to trade secrets may undermine public policy and society at large. Collectively, the unique perspectives of these articles present important domestic and international issues that must be examined in today’s changing landscape.

Special thanks to the Law Journal for Social Justice Editorial Board for their hard work and dedication.

Asha McManimon
2015-2016 Editor-in-Chief,  Law Journal for Social Justice

Spring 2016 issue by article:

_____________________

VOLUME V, Spring 2015 | Law Journal for Social Justice

Editor’s Note:

The 2015 Law Journal for Social Justice Symposium, “Contemporary Discrimination” focused on current concerns regarding civil rights and civil liberty. Discussions ranged from the political legislative process, resistance in enforcement of civil rights judgments, and sexual orientation employment discrimination. Panelists included politicians, scholars from diverse backgrounds, practicing attorneys and community organizers.

Drawing on broader considerations, this issue features articles analyzing an array of concerns in the criminal, civil and international tribunals. The first article, You Have Your Whole Life in Front of You…Behind Bars, written by Rachel Forman, beings this issue by discussing a need to ban life without parole sentences for juvenile non-homicide offenders. Inalvis M. Zubiaur, in Death Row: Mentally Impaired Inmates and the Appeal Process, continues the focus on sentencing by engaging concerns regarding capital punishment. Next, in Injection and the Right of Access, Timothy F. Brown argues for increased access to lethal injection procedures to understand its constitutionality. Shifting consideration to the civil sphere, Victor D. Lopez & Eugene T. Maccarrone raise issues about privacy, due process, public policy and the basic fairness of traffic enforcement by camera, in Traffic Enforcement by Camera. Beginning the focus on international concerns, Fictitious Labeling, by Efe Ukala, discusses “recommendations that may help curb constitutional issues resulting from deportation.” Brittany Fink, in Increase Quota, Invite Opportunities, Improve Economy, proposes amendments to the DREAM Act that extend the path to citizenship.” Katharine Villalobos then focuses on the sociology of immigration in The Crucible, using historical examples to discuss the War on Terror. Falling Through the Cracks by Marissa N. Goldberg changes the focus to international law and unique considerations of women in the drug trade industry. Finally, Seeking Truth in the Balkans by Erin K. Lovall and June E. Vutrano concludes the issue by discussing the role of international law in seeking justice following the wars in the Balkans. Together these articles analyze issues that raise important questions about fairness and civil rights in the domestic and international contexts.

Special thanks to the entire staff of the Law Journal for Social Justice, who helped create this edition.

Kristyne Schaaf-Olson
2014-2015 Editor-in-Chief, The Law Journal for Social Justice

Spring 2015 issue by article:

You Have Your Whole Life in Front of You . . . Behind Bars: It’s Time to Ban De Facto Life Without Parole for Juvenile Non-Homicide Offenders by Rachel Forman

Death Row: Mentally Impaired Inmates and the Appeal Process by Inalvis M. Zubiaur

Injection and the Right of Access: The Intersection of the Eighth and First Amendments by Timothy F. Brown

Traffic Enforcement by Camera: Privacy and Due Process in the Age of Big Brother by Victor D. Lopez and Eugene T. Maccarone

Fictitious Labeling: The Implications in an Immigration Context by Efe Ukala

Increase Quota, Invite Opportunities, Improve Economy: An Examination of the Educational and Employment Crisis of Undocumented Immigrants and Individuals From Abroad by Brittany Fink

The Crucible: Old Notions of Hysteria in Modern America by Katharine Villalobos

Falling Through the Cracks: The Treatment of Female Drug Traffickers by Marissa N. Goldberg

Seeking Truth in the Balkans: Analysis of Whether the International Criminal Tribunal for the Former Yugoslavia Has Contributed to Peace, Reconciliation, Justice, or Truth in the Region and the Tribunal’s Overall Enduring Legacy by Erin K. Lovall and June E. Vutrano

_____________________

VOLUME IV, Fall 2013 | Law Journal for Social Justice

Editor’s Note:

The 2013 Law Journal for Social Justice Symposium, “Just/Justice: Valuing Fairness and Efficiency in the Criminal Justice System” brought together a collection of interdisciplinary scholars, attorneys and community members to discuss theoretical and practical concerns in the United States’ Criminal Justice system.  Discussions ranged from the ethics of attorneys within the system, theoretical concerns of criminal justice, mental health, and community support.  Panelists included scholars from Law, History, Justice Studies, Social Work, and Criminology, alongside practicing attorneys, judges and community organizers.

This issue echoes those discussions in a series of articles that analyze prosecutorial ethics, the provocation defense in cases with LGBTQ victims, the racialized effects of mass incarceration and resistance, and intimate partner violence in LGBTQ communities.  The first article, Testing the Death Penalty, comes from the “Just/Justice” keynote speaker, Paul Charlton, written with Quintin Cushner and William Knight, and sets the tone of this issue by presenting new ideas in thinking about the operation of the criminal justice system.  Each article analyzes a sector of criminal justice practice to raise important questions about fairness and efficiency in the criminal justice system.

Special thanks to the entire staff of the Law Journal for Social Justice, past and present, who helped to create this edition, particularly Executive Articles Editor Erin Iungerich, Executive Managing Editor Natali Segovia, Notes and Comments Editor Timothy Brody, and Former Editors Janette Corral, Jose Carrillo, Laura Clymer, and Michael Malin.

Jeremiah Chin
2013-2014 Editor-in-Chief, The Law Journal for Social Justice

Fall 2014 issue by article:

Testing the Death Penalty by Paul Charlton, Quintin Cushner and William H. Knight

Hyde-ing from the Truth: Does the Hyde Amendment Provide an Adequate Remedy for Known Prosecutorial Misconduct? by William H. Knight

Provocation Excuse: Using International Laws and Norms to Give Perspective in the Domestic Sphere by Erin Iungerich

Lockdown for Liberty: Black Masculinities, Mass Incarceration and Labor in the Georgia Prisoners Strike by Jeremiah Chin

LGBTQ Intimate Partner Violence in Phoenix by Justin Hoffman

_____________________

VOLUME III, Spring 2013 | Law Journal for Social Justice

Editors’ Note: This is the first time since our journal’s inception that we have produced consecutive issues in a single academic year. We want to thank our authors for their thoughtful approaches to the law and for examining how the law impacts underrepresented segments of our population — from immigrants to the elderly, from child porn victims to family pets: VOLUME III, Spring 2013 | Law Journal for Social Justice

Thanks to our dedicated LJSJ staff members, and in particular, Executive Managing Editor Tara Williams and Executive Articles Editors, Janette Corral and Jose Carrillo.

Lastly, be on lookout for our Symposium Issue this fall. It features articles from our “Just/Justice: Valuing Fairness and Efficiency in the Criminal Justice System” Symposium held March 1.

Laura Clymer and Michael Malin
2012-2013 Editors-in-Chief, The Law Journal for Social Justice

Spring 2013 issue by article:

Wrongs Against Immigrants’ Rights: Why Terminating the Parental Rights of Deported Immigrants Raises Constitutional and Human Rights Concerns by Rachel Zoghlin

Funding the Healing: Getting Victims Proper Restitution in Child Pornography Possession Cases by Julia Jarrett

Conflict in the Courts: The Federal Nursing Home Reform Amendment and § 1982 Causes of Action by Susan J. Kennedy

The Limits of Guilt and Shame and the Future of Affirmative Action by Donald L. Beschle

Closing the Loophole on the ‘Equal Opportunity/Bisexual’ Harasser Defense by Jose Carrillo

Why the ALI Should Redraft the Animal Cruelty Provision of the Model Penal Code by Nicole Pakiz

_____________________

VOLUME III, FALL 2012 | Legally Gay, The Symposium Issue

The 2012 Law Journal for Social Justice symposium, Legally Gay, brought together speakers from around the country in a discussion touching on the wide range of legal issues affecting the American LGBT community. The symposium itself included speakers from a diverse set of backgrounds, from the General Counsel of the Equal Opportunity Employment Commission (EEOC) to the director of outpatient services at a major Arizona hospital. In addition to law professors from around the country, the discussion included professors of Religious Studies, Justice & Social Inquiry, and Chicano/a Studies, and practicing lawyers from the fields of taxation, immigration, and estate planning. Similarly, the written product of the symposium features a diverse collection of topics and writers, making it a unique look at the legal and sociopolitical landscape for LGBT persons in America in 2012.

The greatest success of the symposium was its diversity of perspectives. The varied backgrounds of our speakers enriched the quality of the conversation, and we hope you’ll think the same thing of the written product: Volume III, Fall 2012 | Legally Gay, The Symposium Issue

Laura Clymer and Michael Malin
2012-2013 Editors-in-Chief, The Law Journal for Social Justice

Timothy Koch and Austin Gaylord
2011-2012 Editors-in-Chief, The Law Journal for Social Justice

Volume III, Fall 2012 Issue, by article:

Arguing About Families — Gay, Straight or Neither by Robert N. Minor

The Rhetoric of Same-Sex Relationships by Carrie Sperling

Public Schools as Workplaces: The Queer Gap Between “Workplace Equality” and “Safe Schools” by Madelaine Adelman and Catherine Lugg

One of These Things is Not Like the Other: An Analysis of Marriage Under the Immigration and Nationality Act by Regina M. Jefferies

Hate: An Examination and Defense of the Matthew Shepard & James Byrd, Jr. Hate Crimes Prevention Act by Jennifer Johnson

Marital Status and Sexual Orientation Discrimination in Infertility Care by Richard F. Storrow

Summer and Fall early releases:

“In Public Schools as Workplaces,” Adelman and Lugg call for an engagement between the market-based Workplace Equality Movement and the Safe Schools Movement to protect public school workers from anti-LGBT bias and discrimination. They write:

Public schools workers’ vulnerability to anti-LGBT bias and discrimination is not limited to direct surveillance of their identity or individual comportment, that is, who and how they are, but also indirectly based on what they are allowed to teach or discuss. This is because, in contrast to those who work in the business world, the public education workplace itself is a recognized battle site within the ongoing religious culture war.

Read the entire article: Public Schools as Workplaces: The Queer Gap Between “Workplace Equality” and “Safe Schools”

Professor Carrie Sperling examines how language choice can change the legal rights of same-sex couples. She writes:

In the civil rights context, our words heal, normalize, shift the debate, frame issues anew, and sometimes even cause disgust. Much of this happens outside our intentions and without our planning it, but it has profound effects on the legal rights we enjoy.

Read the entire article: The Rhetoric of Same-Sex Relationships by Carrie Sperling

Keynote speaker Dr. Robert N. Minor writes:

A lot of very bad arguments take place using the word “family.” By that, I mean they are based in falsehoods about the history and psychology of families. They are steeped in very creative, and current-position-affirming mythology, and void of what we historians call data. And they are found in every sphere, from religion to politics to law.
In fact, “family” is less a clear, established concept in popular discussion and more a multi-valent symbol akin to the American flag, the National Anthem, and apple pie. You can’t be against it, whatever it is, without losing elections, friends, and media attention.

Read the entire article: Arguing about Families – Gay, Straight or Neither by Robert N. Minor

________________________________

VOLUME II, FALL 2011

Law Journal for Social Justice, Fall 2011 Edition

By Article:

Testing the Boundaries of Humanitarian Relief from Removal: A Case Study of Claims by Mexican Law Enforcement Officers Targeted by Narcotraffickers by Kathryn A. Lohmeyer

Up from Colorblindness: Equality, Race, and the Lessons of Ricci v. DeStefano by Steven V. Mazie

Deferred Prosecution Agreements: Prosecutorial Balance in Times of Economic Meltdown by Sharon Oded

The Details of Discrimination by Zachary A. Kramer

Forging The Road Ahead: An Essay on Justice and Transformation in Legal Education by Rebecca Tsosie

The Cost of Denial: “Meds Yeghern” and the Quest for Restorative Justice for Descendants of Armenian Genocide Victims by Mykil Bachoian

Case Note: Criminal Law-Search and Seizure-Warrantless GPS Vehicle Tracking to Be Considered by the Supreme Court by Jack Escobar

Dream Act Still Just a Dream for Now: The Positive Effects of Creating a New Path to Lawful Status by Encouraging Military Enlistment and the Pursuit of Higher Education by Johnny Sinodis

_______________________________

Volume I, Spring 2011

LIBERTY AND JUSTICE FOR SOME? A SYMPOSIUM ON RECENT ARIZONA LEGISLATION

By Article:

A Case Study of Color-Blind Rhetoric: The Racially Disparate Impacts of Arizona’s S.B. 100 and the Failure of Comprehensive Immigration Reform by Kevin R. Johnson

Arizona’s S.B. 1070: Separating Fact from Fiction by Carissa Byrne Hessick

We Want You When We Need You, Otherwise Get Out: The Historical Struggle of Mexican Immigrants to Obtain Lawful Permanent Residency in the U.S. by Evelyn Cruz & Sean Carpenter

Putting Finality in Perspective: Collateral Review of Criminal Judgments by Sigmund Popko

Comments on House Bill 2525 by Steve Twist

Keeping Citizenship Rights White: Arizona’s Racial Profiling Practices in Immigration Law Enforcement by Mary Romero

Innocent Until Interrogated by Gary Stuart, Reviewed by Larry Hammond

6 thoughts on “Journal

  1. This is a request for support. Mentall ill persons are argubly the most marginalized population in the US today. Arizona has one of the shoddiest mental health care systems in the country, as mismanaged and thick neck deep in the dirty state gov. sy. as CPS etc, but the ones most reliant on its resources have no voice, for the most part. I was recently discharged from the AZ State Hospital in PHX, I spent 13 long months there undergoing “treatment” for major depressive disorder, this folliowing a suicide attempt. While at ASH, I witnessed and experienced first hand all sorts of really malfesant abuses of patient/human rights, admin. abuse of authority by clinicians and administraotrs alike, including reps of the Dept. of Health Servies office of grievance and appeals. It’s really, really bad, sub-standard mental health care to the nth degree. I just so happen to have finished two years of law school in reasonably good standing (UA 2001-2003), and as my depression subsided and my head cleared while at ASH, I began advocating on my own behalf (initially), only to find the whole process for redress so corrupt that it all back fired; the hospital engaged in systematic retaliation, intimidation, and the dept. ogf health and so on were complicit in all of it; it became a freaking free-for-all of unlawful administrative b.s. oriented towards suppressing my voice as a self advocate. In the next few months, I will be presenting numerous, well founded/documented allegations in administrative hearings (office of admin. hearings, downtown PHX), and the hospital and dept. will be defended by the state ag, probably a mealy mouthed little son of a bitch named Joel Rudd, who keeps an office at ASH and is one of the rudest inividuals I have ever had to share earth space with. I need help, and anything anyone can offer, at this point, will really help move things forward. I am trying to network for support. Please see my new blog: PJ Reed “Arizona State Hospital and Patient Abuse” on blogspot. I would love to become part of your own blog is if at all possilbe, or some such thing. But again, any help at all will be greatly appreciated. I sincerely hope to hear from you soon. Thanks, and keep up the good work.

  2. I’ve been exploring for a little bit for any high-quality articles or blog posts in this sort of area . Exploring in Yahoo I eventually stumbled upon this site. Reading this information So i’m happy to express that I’ve an incredibly excellent uncanny feeling I came upon just what I needed. I so much without a doubt will make sure to do not put out of your mind this web site and give it a glance on a relentless basis.

  3. ATTENTION STUDENTS: A.S.U. is helping to sustain the BIA’s criminal Empire!

    Are you among those who are unwittingly helping to sustain the Bureau of Indian Affairs ethnic cleansing program and the criminal cabal it operates from state tribal lands?

    The so called “Indian reservations” were born from an 1830 insurgency over the law of the land. It is indisputable fact that the Indian Removal Act and the BIA reservation system gained acceptance, when Congress and the Chief Executive conspired together to overturn the law handed down by the Supreme Court in Cherokee vs. Georgia (1831). The following year in a veto message to Congress and the American people President Andrew Jackson formally rejected the principle of judicial review (1803 Marbury vs. Madison). He claimed for the Chief Executive and Congress the authority to decide which laws are or are not constitutional. He further maintained that the Supreme Court was only an advisory body to the other two branches of government. These illicit acts allowed the Bureau of Indian Affairs to garner control over the lives and property of America’s indigenous tribes and to administer the patently immoral Indian Removal Act.

    One hundred and forty years later, when the universally outlawed felony gambling cartel invaded Fort McDowell Indian Reservation (1983) and corrupted the tribal leaders, illegal gambling cartel lobbyist had Congress pass unlawful legislation compelling states with BIA lands to negotiate with the felonious slot machine syndicate (1988 State-Tribal Compact). Even though that law was subsequently ruled unconstitutional (See Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) the felony gambling syndicate continues to hold sway over the BIA reservation system, where they bilk the taxpayers from the safe harbor provided by the Department of Interior. This blatantly racist law sustains a government policy of isolation and segregation, while harboring a felonious criminal Empire that has burdened taxpayers with billions of dollars in damages due to inept administration by the Indian Affairs bureaucracy. We challenge students to question the A.S.U. law school faculty. Demand they refute the charges lodged in the petition filed with Dr. Crow and Dr. Clinton. The petition is available at
    http://www.Tecumsehfederation.com

    Judge Harold Lee (Retired)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s