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Terminating the Parental Rights of Mothers with Disabilities: An Empirical Legal Analysis
Get PDFA sizable body of scholarship indicates parents with disabilities – including physical, intellectual, psychiatric, and sensory disabilities – experience pervasive inequities that threaten their fundamental right to parenthood. In particular, compared to nondisabled parents, parents with disabilities are overrepresented in the child welfare system, receive inadequate family preservation and reunification services, and have disproportionate rates of termination of parental rights. Despite extensive legal and social science scholarship, however, there are no empirical analyses of judicial opinions to identify factors that predict termination of parental rights in cases involving parents with disabilities
Deliberating at a Crossroads: Sex Trafficking Victims’ Decisions About Participating in the Criminal Justice Process
No full textFollowing the trauma associated with being exploited in the commercial sex industry, sex trafficking victims are faced with the decision of whether or not to cooperate with criminal justice authorities in the investigation and prosecution of their traffickers. This Article comprehensively explores the contours of this decisionmaking process with primary, empirical research conducted with victims themselves. The study utilized in-depth, qualitative research methods with a sample of thirty-nine female sex trafficking victims in the Netherlands, most of whom are from common “source” countries for human trafficking. The data reveal that victims often engage in a complex balancing of various factors weighing in favor of and against participating in the criminal justice process prior to finalizing their decisions, which challenges stereotypes of trafficking victims as simple-minded, “passive objects.” The most salient factors emerging from the data were retribution for harms inflicted by their traffickers, fear of their traffickers and/or their traffickers’ associates (primarily fear of retaliation), and a desire to prevent the victimization of others. This Article situates the different factors emerging from the data both within the landscape of empirical research with similar populations and within the broader socio-legal context, highlighting structural constraints on victims’ exercise of agency within the decision-making process. In doing so, it underscores the indispensability of victims’ perspectives in realizing a victim-centered, human rights-based approach to human traffickin
Decision-Making as an Essential Element of Our Field
Get PDFThis post suggests that we think of our work as focused on process design, strategy, and decision-making in managing conflict. Our field seeks to help parties solve problems when they lack good (or sometimes any) practical dispute resolution options. This post describes such situations and identifies strategies to increase and improve parties’ decision-making
NEED FOR CLEAR LANGUAGE INITIATIVE TO UN-BABEL OUR MODELS
Get PDFProfessional jargon is helpful in some fields because it promotes communication between professionals like brain surgeons and rocket scientists.
But jargon is extremely problematic for dispute resolution because it confuses and excludes laypeople and other stakeholders
LIRA @ CPR
Get PDFThis post summarizes presentations, data collected, and discussion in a program of the International Institute for Conflict Prevention and Resolution (CPR). The authors of the LIRA book conducted a survey of the attendees, and the post presents results of the survey. It provides nuanced discussions about how practitioners calculate BATNA values and bottom lines
MOVING US COURTS ONLINE
Get PDFThis post provides a summary compiled by Paul Embley of the National Center for State Courts abou
MEDIATE.COM PUBLISHES “SEVEN KEYS TO UNLOCK MEDIATION’S GOLDEN AGE”
Get PDFMediate.com published a series entitled Seven Keys to Unlock Mediation’s Golden Age. The objective is to encourage discussion among stakeholders about navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage. Descriptions of each “key” has two to four short articles