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Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Budget Oversight Hearing for the D.C. Department of Corrections
No full textServing Time and It\u27s No Longer a Crime: An Analysis of the Proposed Cannabis Administration and Opportunity Act, its Potential Effects at the Federal and State Level, and a Guide for Practical Application by Local Government
No full textThere has been much recent discussion surrounding cannabis use with some researchers supporting the use of medical marijuana, some investors relishing in the recently booming cannabis and CBD industry, and some states decriminalizing marijuana and even harsh controlled substances. As it appears, at least some public opinion is changing regarding marijuana, but the law has not effectively caught up to that change. Bias in the criminal justice system has led to the over-policing of, higher conviction rates, and harsher sentences for minorities. Thus, the decriminalization of marijuana alone does not remedy the grave disproportionate negative effects on populations of color as a result of marijuana convictions. Recognizing this, Senators Cory Booker, Ron Wyden, and Chuck Schumer have introduced the Cannabis Administration and Opportunity Act (“CAOA”) aimed to “end the decades of harm inflicted on communities of color by removing cannabis from the federal list of controlled substances and empowering states to implement their own cannabis laws.”1 However, the proposed law will still recognize state law where possession, production, and distribution is concerned, which is significant because marijuana has not been decriminalized in all fifty United States. Accordingly, the bill, if passed, may have little to no effect on the tens of thousands currently incarcerated nationwide in state correctional facilities for marijuana related offenses. Additionally, excluded from relief by the proposed bill would be the immeasurable amount of people dealing with the indirect collateral consequences of marijuana related charges. This article will address what we learned from the Prohibition Era and the failed War on Drugs; cite the societal importance of remedying the collateral consequences to minority communities stemming from marijuana convictions; and review the marketplace successes in the newly established cannabis industry. Most significantly, this article will provide a robust discussion of the successes and failures of the CAOA’s amelioratory relief efforts; an analysis of the CAOA’s effect, if passed, on state-level marijuana convictions; and most critically, provide a guide for practical application by state governments to implement the CAOA and take advantage of its benefits
Envisioning Statehood: Taking Back Our Justice System
No full textEnvisioning Statehood: Taking Back Our Justice System. Presentation by Katherine S. Broderick. YouTube. May 20, 202
Is it Hot in Here or is it Just Me? A Call for Menopause Equity in the Workplace
No full textIn a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman\u27s life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from unlawful discrimination under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and the Age Discrimination in Employment Act of 1967 (“ADEA”).4 This paper provides an overview of what menopause is and how it affects menopausal employees at work. It further reviews the current state of jurisprudence related to the civil rights of menopausal employees and suggests an alignment for menopause equity with the menstrual, or period, equity movement. Section I provides a brief description of menopause and the common cultural stigmas faced by persons who enter menopause. Additionally, Section I provides an overview on how menopause and its related symptoms interferes with work for many menopausal employees. Section II analyzes ways in which current law has failed to address employment discrimination for menopausal workers. First, it examines judicial treatment of menopause under the ADA with respect to courts’ failure to recognize menopause as a cognizable disability. Next, it reviews judicial holdings where plaintiffs who have experienced discrimination related to menopause have made Title VII claims of discrimination on the basis of sex. Section III provides a brief review of intersectional menopause and age discrimination. Section IV discusses menopause equity as an extension of the menstrual, or period, equity movement, including the emerging view that the menstrual equity “tent” includes menstruators who are facing, experiencing, or have reached menopause.8 Finally, this article concludes by summarizing the need for focused advocacy, targeting legislation and regulatory policy, as well as raising awareness, to address the needs of menopausal persons, especially employees
A More Grown-Up Response to Ordinary Adolescent Behaviors: Repealing PINS Laws to Protect and Empower D.C. Youth
No full textIn February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth status offenses. However, status offense laws are vague and subject to a great deal of discretion. Allowing police to remain the primary point of engagement for youth in need is, therefore, problematic. The District has historically also disproportionately targeted youth of color, particularly Black male youth, for stops. These encounters can lead to negative perceptions of police among youth and influence how youth see themselves and their place in the community.