The Journal of Law in Society

The Journal of Law in Society is a student-managed publication of Wayne State University Law School that provides scholarly discourse on the intersection of law and society.

Articles

Vol. 18, No. 1, Spring

American Law, Slaves, and Freedmen 1619-1860
Laws empower governments. They control behavior, shape attitudes and codify important societal values. As predominant means for promoting change or preserving the status quo, laws also reflect a people's fundamental ideals, including their racial beliefs....
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Slaves, Laws, and Courts in Early Detroit and Michigan 1701-1835
A. Slavery and the Law in Michigan In early Michigan, Africans and Native Americans (1) were enslaved in the Detroit settlement, (1) which at the time spanned both sides of the Detroit River. (2) On a smaller scale, slavery also was practiced in...
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From Statehood to Reconstruction: No Longer Slaves, Not Yet Citizens
A. The Legal Status of Blacks from Statehood to the Civil War The end of slavery in Michigan was made official with statehood. Michigan's first constitution, adopted in 1835, provided that: "Neither slavery nor involuntary servitude shall ever be...
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The Michigan Supreme Court and Black Rights 1850-1870
The Supreme Court of the State succeeded the Territorial Court through legislation enacted March 26, 1836. (1) Originally comprised of the three circuit court judges, in 1838, the court became a four-member bench, consisting of a chief justice and...
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Vol. 17, No. 2, Spring

Petcoke: How an Outdated and Inconsistent Regulatory Framework Defeats Environmental Justice in Detroit
I. INTRODUCTION 3 A. Environmental Injustice in America's Industrial Capital 5 B. Petcoke - What Is It and How Did It Get Here? 8 II. BACKGROUND OF PETCOKE PRODUCTION...
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The Ten-Cent Windfall: Bottle Returns, Interstate Commerce, and Environmental Fallout
I. INTRODUCTION 27 II. BACKGROUND 29 A. History of Recycling in the United States 29 B. The Michigan Bottle Bill (1976)...
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Regionalizing the Detroit Water and Sewerage Department, the Effects of Privatization on Metro Detroit Residents and the Importance of Community Control
1. INTRODUCTION The Detroit Water and Sewerage Department (DWSD) is currently the third largest supplier of drinking water in the United States. (1) The City has had a history of both public and private drinking water systems. (2) Today, nearly...
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Effectiveness of the Clean Air Act in Light of the Shortcomings of the Epa's Stationary Source Civil Penalty Policy: A Call for Binding Rules with an Increased Deterrent Effect on Industry
I. Introduction Proper penalty assessments for the violation of environmental laws are the only protection American citizens have against billion dollar corporate polluters. For example, Detroit Michigan's 48127 zip code is home to some of the state's...
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Vol. 17, No. 1, Fall

Detroit Lives! Rise Up against the Plan of Adjustment!
Table of Contents I. No Justice, No Peace II. Spirit III. Class IV. Political Economy Understanding the "emergency" takeover of Detroit depends on "overstanding" complex relationships and dynamics: socioeconomic class; class conflict; government...
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Evaluation of the "Expert Report of Martha E.M. Kopacz regarding the Feasibility of the City of Detroit Plan of Adjustment"
Wayne State University Law School 471 W. Palmer Avenue DETROIT, MICHIGAN 48202 Peter J. Hammer Professor of Law Office: (313) 577-0830 phammer@wayne.edu September 1, 2014 The Honorable Stephen W. Rhodes United States Bankruptcy...
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2014: The Year of Walking the Fiscal Tightrope
Table of Contents I. Introduction II. 2014: The Year of Municipal Bankruptcy Can States Play a Precipitating Role in Municipal Bankruptcy? Can States Prevent Municipal Bankruptcy? III. State Approaches to Governing Municipal Bankruptcy....
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Dirty Deals: How Wall Street's Predatory Deals Hurt Taxpayers and What We Can Do about It
Table of Contents I. Introduction II. The Financialization of Our Economy III. Predatory Municipal Finance A. Deals That Were Designed to Fail B. High-Risk Deals C. High-Cost Deals D. Predatory Fees IV. The Impact of Predatory...
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Predatory Public Finance
Abstract It is a sad fact that in many ways the current landscape of the financial industry is a veritable minefield for taxpayers. A wide variety of commonly-used financial tools frequently become traps for governments and ways for irresponsible...
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Finding Clout: Repositioning Municipalities in the Banking Market
Abstract American municipalities have a lot of cash but not a lot of clout in the local banking markets. Collateralization rules in most states means that only the biggest banks are interested in the deposits of even the smallest cities and yet...
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Community Wealth: Creating a New Community Economic Base in Detroit
The current crisis facing Detroit--including a bankruptcy filing, pension and health benefit cuts for retirees, and even threats of water shut-offs--may be extreme, but it reflects broader challenges confronting many American cities. The American postwar...
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Public Disservice: The Negative Impact of Credit Ratings on U.S. Municipal Bond Issuers
Table of Contents I. Introduction II. Role of Credit Rating Agencies III. Ratings Across Asset Classes: Where the Agencies Often Fail IV. More Granular Asset Class Comparison: US States v. Bond Insurers V. Why Bond Insurers Failed VI. Harm...
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Vol. 16, No. 1, Fall

Consumer Centric Design: The Key to 100% Access
Table of Contents I. Introduction II. Consumer Centric Design: Consensus for Coordination III. Four Consumer Centric Pressure Points A. Self-Help Service Centers: The Essential Foundation 1. Court Based Self-Help a. Supervised...
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Narrowing the Gap between Rights and Resources: Finding a Role for Law Students in Court-Annexed Resource Centers
Table of Contents I. Introduction II. how the Small Claims and Conciliation Branch Works III. How the Resource Center Works (The Customer Experience) IV. How the Resource Center Works--Some Typical Cases (The Student Experience) V....
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A Case Study on Access to Justice and How to Improve It
Table of Contents I. Introduction II. The Levelness of the Playing Field III. The Law Applying to the Case IV. The Court-Provided Form for Initiating the Action V. The First Hearing in the Case VI. The Court's Order VII. The Second and Final Hearing...
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Increasing Access to Justice
Table of Contents I. INTRODUCTION II. EVIDENCE THAT MORE CAN BE DONE WITH EXISTING RESOURCES A. Methodology B. Data Analysis C. Findings D. Possible Justifications for Lower Case Metrics 1. Changes Since LSC Evaluations...
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Increasing Access to Justice
C. Special Note on Intake While the intake systems of the highest ranked programs are far better than those of the lowest ranked programs, they are still inadequate. For example, consider the following three intake systems judged by LSC evaluators...
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Under Color of Law
I am delighted to be here for a number of reasons. My wife, Pamela Horowitz, and I have a long association with the Southern Poverty Law Center--her first job out of law school was as a staff attorney with the Center, and I was the Center's first president...
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Michigan Republicans' Tactics to Evade Democracy Using Referendum Proof Laws and Other Means
Table of Contents I. Introduction II. Background A. History of Referendum Proof Laws: Michigan United Conservation Clubs v. Sec 'y of State: Strict Construction of Art. II [section] 9 B. PA 436: The Emergency Manager Law ...
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Reconstructing an End to Concentrated Poverty
Table of Contents I. Introduction II. The Emergence of Concentrated Poverty A. Spatial Distribution of Race, or Racial Spatialization? B. A Working Definition of Concentrated Poverty C. Concentrated Poverty in Detroit III. Section...
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Vol. 15, No. 2, Winter

The Right to Read
I. INTRODUCTION II. S.S. V. STATE OF MICHIGAN III. THE DOWNWARD SPIRAL OF EDUCATION POLICY THAT LED TO THE ACLU'S LAWSUIT IV. MOVING FORWARD V. CONCLUSION There is no keener revelation of a society's soul than the way it treats its children....
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No Child Left Behind ... Unless a Student Is Gifted and of Color: Reflections on the Need to Meet the Educational Needs of the Gifted
I. INTRODUCTION II. LEGISLATIVE HISTORY OF GIFTED EDUCATION A. Federal Legislation B. State Laws III. LITIGATION INVOLVING GIFTED STUDENTS IV. MCFADDEN V. BOARD OF EDUCATION FOR ILLINOIS SCHOOL DISTRICT U-46 A. Standing B....
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The Elusive Quest for Equity: An Analysis of How Contextual Factors Contribute to the Likelihood of School Districts Being Legally Cited for Racial Disproportionality in Special Education
I. OBJECTIVES II. CONTEXT III. DISPROPORTIONALITY IN SPECIAL EDUCATION IV. THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) AND DISPROPORTIONALITY V. SOCIOLOGY OF SPECIAL EDUCATION: EXPLORING THE THEORETICAL UNDERPINNINGS...
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The Education Achievement Authority: A Novel Solution to Public Education or Repackaging the Same Failures?
I. INTRODUCTION II. BACKGROUND A. What is the Educational Achievement Authority (EAA)? B. Underlying Educational Problems C. Students' Right to an Education III. ANALYSIS A. Fixing Failing Schools: Choice, Charters, and Vouchers B. Similar...
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AIA Prior User Rights: Let's Actually Encourage Software Startups
I. INTRODUCTION II. BACKGROUND A. Judicial Recognition of Software Patents B. Fearing the Software Patent C. Software Startup Firm Mentality: Costs and Ambivalence D. Increased Number of Software Patents E. Can a Startup Afford...
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Attorneys' Ability to Pay Sanctions under 28 U.S.C. S. 1927
I. INTRODUCTION II. BACKGROUND A. History of 28 U.S.C. [section] 1927 1. Legislative History 2. Statutory Interpretation 3. 28 U.S.C. [section] 1927 and Rule 11 4. Federal Circuits' Interpretations 5. Ability...
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Vol. 14, No. 1, Winter

Law, Policies in Practice and Social Norms: Coverage of Transgender Discrimination under Sex Discrimination Law
Table of Contents I. INTRODUCTION II. THE BEGINNING: THE STATUTE CAN'T POSSIBLY MEAN WHAT IT SAYS III. THE MIDDLE: MAYBE THE STATUTE MEANS A BIT OF WHAT IT SAYS IV. THE PRESENT: THE STATUTE MEANS WHAT IT SAYS V. CONCLUSION I. INTRODUCTION...
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Par for the Course? Exploring the Impacts of Incarceration and Marginalization on Poor Black Men in the U.S
Table of Contents I. INTRODUCTION II. THE WAR ON DRUGS AS A WAR ON THE BLACK FAMILY? A. Children of Incarcerated Parents B. Impacts on Poor Black Men C. The Connection between the Thirteenth Amendment and the Criminal Justice...
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Increasing Access to Justice for All: The Programs and Community Partnerships of the Adams-Pratt Oakland County Law Library and Their Impact on Self-Represented Litigants in Southeast Michigan
Table of Contents I. INTRODUCTION II. BACKGROUND III. ANALYSIS IV. CONCLUSION I. INTRODUCTION The decline in both the Michigan and national economies has led to an increasing number of individuals representing themselves in court. (1) For...
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Shariah Law and American Family Courts: Judicial Inconsistency on the Talaq and Mahr Issues in Wayne County, Michigan
Table of Contents I. ABSTRACT II. INTRODUCTION III. FAMILY LAW IV. MARRIAGE IN ISLAM V. THE MAHR VI. THE ISLAMIC DIVORCE: THE "TALAQ" VII. METHOD VIII. FINDINGS IX. WAYNE COUNTY JUDGES AND THE MAHR X. JUDGES AND THE ISLAMIC DIVORCE...
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Early Childhood Education: An Ignored Solution to the Achievement Gap in the United States
Table of Contents I. INTRODUCTION AND HISTORICAL OVERVIEW II. THE CURRENT STATE OF THE U.S. EDUCATIONAL SYSTEM III. UNDISPUTED CONTENTIONS IN EDUCATIONAL POLICY IV. THE PRIMARY REASON THAT EARLY CHILDHOOD HAS NOT BEEN IMPLEMENTED--FUNDING V....
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Victory without Success? the Guantanamo Litigation, Permanent Preventive Detention, and Resisting Injustice
Table of Contents I. BOUMEDIENE'S NARROWING BY THE LOWER COURTS II. PREVENTIVE MILITARY DETENTION III. EXPLAINING WHY THE BOUMEDIENE VICTORY HAS LED TO THIS BLEAK SITUATION FOR THE REMAINING GUANTANAMO DETAINEES IV. RASUL, BOUMEDIENE AND...
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Water Privatization Overview: A Public Interest Perspective on For-Profit, Private Sector Provision of Water and Sewer Services in the United States
Table of Contents I. INTRODUCTION II. BACKGROUND A. The Parlance of Privatization B. The Myth of Efficiency 1. No Cost Savings 2. Lack of Competition 3. Transaction Costs C. The Financing of Last Resort ...
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Detroit Water and Sewerage Department: Bringing Credibility to a Beleaguered System through Regional Cooperation and Technology
Table of Contents I. INTRODUCTION II. BACKGROUND III. ANALYSIS IV. CONCLUSION I. INTRODUCTION As the Detroit Water and Sewerage Department (DWSD) continues to grapple with its technical and administrative challenges, it is easy to think that...
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Depopulating Cities and Chronic Fiscal Stress: The Detroit Story
Table of Contents I. INTRODUCTION II. BACKGROUND: THE DYNAMICS OF CITY FISCAL HISTORY III. METHODOLOGY: BUILDING AND USING A CONCEPTUAL FRAMEWORK IV. ANALYSIS: CHRONIC FISCAL STRESS IN THE MOTOR CITY A. City Services and Operations (1938-2010)...
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Emergency Financial Management of Cities by the State: A Cure or Simply "Kicking the Can Down the Road"?
Table of Contents I. INTRODUCTION II. BACKGROUND III. ANALYSIS IV. CONCLUSION I. INTRODUCTION This paper discusses the less than desirable outcomes of state takeover of municipalities in severe financial distress. Municipalities can fall into...
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Free Speech after Brown V. Entertainment Merchants Association: The Future of Video Game Regulation
Table of Contents I. INTRODUCTION II. BACKGROUND A. A Brief History of Censorship B. The Newest Medium: Video Games C. Video Games in the Law III. ANALYSIS IV. CONCLUSION I. INTRODUCTION In their early years, America's Founding...
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Regulating Hydraulic Fracturing in Michigan: The Protection of Our Waters and Our People Hits Another Roadblock
Table of Contents I. INTRODUCTION II. BACKGROUND A. History of Hydraulic Fracturing B. Process C. Where is Fracking Used? D. Why Use Hydraulic Fracturing? E. The Environmental Costs of Hydraulic Fracturing F. The...
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The Connection between Concussions and Chronic Traumatic Encephalopathy (CTE) in Professional Athletics: A Necessary Change in the "Sports Culture" in Light of Legal Barriers
Table of Contents I. INTRODUCTION II. BACKGROUND A. NFL Lawsuits B. Recent deaths of NHL players C. Link of Concussions and Chronic Traumatic Encephalopathy (CTE) III. ANALYSIS A. Workers' Compensation ...
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Vol. 15, No. 1, Fall

Everybody Matters: An Exploration of Diversion Programs Benefiting Mentally Ill Nonviolent Offenders in the Michigan and Federal Legal Systems
Table of Contents I. INTRODUCTION There is growing evidence of the overrepresentation of people with serious mental illnesses (SMI) in the criminal justice system. (2) A serious mental illness is classified as a mental disorder that meets criteria...
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Wanted: FBI Transparency about Racial Profiling in Arab and Muslim Communities
Table of Contents I. ORIGINS AND DEVELOPMENT OF RACIAL PROFILING II. THE LEGAL FRAMEWORK FOR FBI INVESTIGATIONS III. GUIDELINES FOR THE USE OF RACE IN FBI INVESTIGATIONS IV. THE ACLU'S FREEDOM OF INFORMATION ACT REQUEST V. THE ACLU SUES FOR ACCESS...
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Imported from Detroit: An Examination of a City in Crisis
Table of Contents I. INTRODUCTION A. Is Detroit Different? B. Challenges C. Opportunities II. BACKGROUND A. Federal Housing Administration B. The Birwood Wall C. Shelley v. Kraemer D. The Fair Housing Act III. ANALYSIS...
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Unmaking the Motor City in the Age of Mass Incarceration
Table of Contents I. WHAT HAPPENED TO DETROIT? II. WHAT HAPPENED TO DETROIT ... THE MORE COMPLICATED STORY A. The Criminalization of Urban Space B. Why the War on Crime? 1. A Revolution in Drug Legislation 2. Sentencing...
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All Together Now: Metro Detroit Is in a Period of Unprecedented Diversity
Table of Contents I. ORIGINAL SIN. II. MACOMB COUNTY: BENEFICIARY OF BOTH BLACK AND WHITE FLIGHT III. SOUTHFIELD AND LIVONIA--A TALE OF TWO CITIES IV. SCHOOLS OF CHOICE V. HOPE FOR THE FUTURE I. ORIGINAL SIN It is impolitic to say at a time...
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Detroit's People in History: The Numbers
Table of Contents I. INTRODUCTION II. IMPACT OF IMMIGRATION III. EVOLUTION OF DETROIT'S AFRICAN-AMERICAN POPULATION IV. CONCLUSION I. INTRODUCTION In 1943, George W. Stark authored City of Destiny: The Story of Detroit, (2) a paean to what...
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Dispatches from Detroit
Table of Contents I. ANGER MANAGEMENT II. "EVERYWHERE IS CITY" III. CHARLIE SHEEN AND THE ORDER OF THINGS IV. OLD SCHOOL TIES V. NOT FROM DETROIT VI. ENVOI I. ANGER MANAGEMENT Want to understand Americans? Well, here's what makes us who...
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The Search for Consistency: The Interpretation of Plea Agreements and Appeal Waivers in the Face of Breach
Table of Contents I. INTRODUCTION II. BACKGROUND A. Plea Agreements 1. Origins 2. Wide-spread Usage Today 3. Benefits to Parties: The "Typical" Plea Bargain B. Appeal Waivers 1. Appeal Waivers in Federal...
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Love and Let Love: The Trials of Same-Sex Marriage, DOMA, and the Conflict of Laws
Table of Contents I. INTRODUCTION II. BACKGROUND A. The Inaction of the Repealed Defense of Marriage Act B. The History of Same-Sex Marriage C. History of Same-Sex Immigration Internationally III. ANALYSIS A. The Immigration and...
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Vol. 13, No. 2, Winter

Out of House and Home: Refocusing on Homelessness, Vulnerable Populations, and Human Rights
When I think of home I think of a resting place[.] When I think of home I think of a place where there's love overflowing. --"Dorothy" in THE WIZ (2) Since the beginning of the recession of the late 2000s there has been a noticeable change...
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Homelessness: A Moral Dilemma and an Economic Drain
I. INTRODUCTION II. CITY OF DETROIT EFFORT III. WHO ARE THE HOMELESS IN DETROIT? III. HIGH COST OF HOUSING IV. STEPS TO LESSEN THE PROBLEM OF HOMELESSNESS A. Step One: Lessen the Inequity in Bargaining Power Between Lenders and Citizens...
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Heroes or Hopeless? Homeless Veterans Caught in a Dysfunctional System
I. INTRODUCTION AND SCOPE OF THE PROBLEM A. National Demographics B. Michigan's Homeless Veterans II. CAUSES AND CONTRIBUTING FACTORS TO VETERANS' HOMELESSNESS III. CURRENT VA STATUTES, REGULATIONS, AND PROCEDURES THAT CONTRIBUTE...
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LGBT Selective Victimization: Unprotected Youth on the Streets
I. INTRODUCTION II. LGBT YOUTH AND RISK FACTORS FOR HOMELESSNESS A. Intersecting Identities Lead to Higher Rates of Victimization of LGBT Homeless Youth B. Hate Crimes Represent a Portion of Victimization of LGBT Homeless...
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Homeless Children and Youth: An Examination of Legal Challenges and Directions
VI. SOCIAL SERVICES The early years of life are most critical for the developing child, and homeless children and youth tend not to have their needs adequately addressed and experience preventable problems. (122) Homelessness results after other...
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Homelessness in America: A Human Rights Crisis
I. INTRODUCTION II. THE HOMELESSNESS CRISIS III. THE HUMAN RIGHT TO HOUSING IV. INTERNATIONAL VENUES AND PROCESSES V. LOCAL HUMAN RIGHTS ADVOCACY A. Chicago B. Minnesota C. Salt Lake City D. Sacramento VI. INTERNATIONAL MODELS...
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Sexual Abuse Memory Repression: The Questionable Injustice of Demeyer
I. INTRODUCTION: PUBLIC PERCEPTION OF SEXUAL ASSAULT II. WHAT IS A REPRESSED MEMORY AND HOW DOES IT OCCUR? A. How Repressed Memories Are Discovered B. The Dangers of Repressed Memories C. The Repressed Memory Debate III. MICHIGAN'S...
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Demanding More from Michigan's Charter Schools
I. INTRODUCTION II. EXAMINATION OF MICHIGAN'S CHARTER SCHOOLS III. ECONOMIC SEGREGATION IN MICHIGAN'S CHARTER SCHOOLS A. Examination of Michigan's PSAs B. Federal Legislation Increases Economic Segregation in Michigan's PSAs ...
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