In keeping with our mission to foster important conversations about social justice issues, the Law Journal for Social Justice’s twelfth volume shares diverse voices and perspectives to discuss issues timely to our society. Volume twelve covers a broad spectrum of issues—from the alt-right’s use of media and the law to recruit individuals, to a critique of school disciplinary measures, to an analysis of the Voting Rights Act, to a historical perspective of punishment and the Eighth Amendment. Each article provides a critical understanding of an issue deeply rooted in our society in the hope readers also critically engage with these issues and act toward creating solutions.
Volume twelve begins with The Kids are Alt-Right: How the Media and the Law Enable White Supremacist Groups Recruit and Radicalize Emotionally Vulnerable Individuals. In this article, Eleanor Boatman explores the influential factors that contribute to rising violence among white supremacist groups. Boatman discusses ways the media and the law enable these groups to recruit and radicalize individuals. Boatman uses this exploration to discuss ways to prevent this rising violence. In an age where violence and mass shootings have become frequent to our society, Boatman’s critical perspective provides empowering solutions for advocates who seek to end this violence.
Next, Paul Davis critically analyzes the Voting Rights Act in The Root of the Problem: Enforcing the Voting Rights Act in Modern Settings. Davis argues preclearance in Section 3(c) of the Act is the best solution for addressing election discrimination, an issue relevant to our society today. Robert J. McWhirter and Jeremy L. Bogart in “Baby Don’t Be Cruel:” The Non-Retributive Eighth Amendment Versus Vengeful Victimsprovide a historical analysis of punishment and the Eighth Amendment to argue retribution was not the original goal of punishment. McWhirter and Bogart find punishment focused on pure retribution is actually not aligned with the original intent of the Eight Amendment.
Last, Jose Cruz Zavala-Garcia in The Battle Between Schools’ Disciplinary Measures and Students’ State Constitutional Right to an Education: A Discussion on School Discipline and a Call for Reformdiscusses how zero-tolerance and harsh disciplinary measures in schools have a significantly negative impact on minority students. Zavala-Garcia argues that harsh disciplinary measures can be challenged as a deprivation of constitutional rights. Zavala-Garcia concludes by proposing ways legislatures, school boards, and schools can reform their own disciplinary procedures to prevent disproportionate effects on minority students.
Ashley E. Fitzgibbons
Volume X, Fall 2018 Law Journal For Social Justice
Continuing with last year’s goal, the Law Journal for Social Justice will publish twice a year. Very special thanks to our staff and editors who are integral to accomplishing our mission of bringing social justice scholarship to the public.
Our tenth volume begins with Blazing a New Trail: How First-Generation Law Students Perform in and Experience Law School. This article examines how first-generation law students experience law school and dispels myths about their performance. First-generation students help diversify the legal profession, which in turn helps bring social justice issues to the forefront of the legal profession. Next, two articles discuss pressing issues in our criminal justice system. Daniel Rosenfeld examines the decision of charging juveniles as adult criminal defendants versus resolving the cases in juvenile court in A Child Until the End: Moving the Decision to Waive Juvenile Court Jurisdiction Until After Trial. Further, Megan Reed examines When Injustice Becomes Law: Legal Philosophy Principles Applies to Actual-Innocence Claims in Federal Habeas Petitions.
Next, the intersection of environmental rights and the First Amendment is examined by Kacee Benson in Pipelines, Protects, and Possible Punishment: Environmental Rights and the First Amendment in the United States. Finally, this volume concludes with an examination of the Violence Against Women Act and Special Domestic Violence Criminal Jurisdiction, which allows Native American tribes to exercise jurisdiction over select non-Indians.
Katherine A. Nelson
Law Journal for Social Justice
The 2018 Law Journal for Social Justice Symposium, “Activism and the Law,” explored both the proper role and potential of the law to be a tool for activism whether wielded by legal professionals or laypeople. The symposium opened with keynote speaker Tempe Councilmember Lauren Kuby discussing her life in advocacy, and progressed to explore the perspectives of lawyers and non-legal activists in two panels moderated by Professor Howard Cabot and Associate Dean Zachary Kramer. Panelists included Julie Gunnigle, solo-practitioner in Midwifery and Birth Law; Jon Ruybalid Of Counsel, Gammon & Grange and Assistant Professor, GCU; Camellia Bellis, Education and Training Specialist, Office of Diversity and Inclusion, University of Arizona College of Medicine; and Jessalynne Howard, Volunteer Coordinator, International Rescue Committee. Special thanks to our Symposium Editor, Katherine Montgomery, for her hard work in organizing and orchestrating this amazing event.
This volume of the Law Journal for Social Justice concludes a very special year for us. As previously mentioned in our Fall 2017 volume, we began this year striving to publish twice in one year for the first time in our journal’s history. With the publication of this Spring 2018 volume, we have achieved that goal and have thus brought another successful academic year to a close. Special thanks to our staff who methodically and commendably handled double the workload and led us to the completion of our goal. With the dedication of our staff, we were able to bring even more quality social justice legal scholarship to the public, and as such, further our mission.
This issue begins with an examination of how local over-incarceration can be addressed and remedied in Fixing Arizona’s Mass Incarceration Dilemma. Next, Chance Meyer reflects on the ways in which the President’s explicit views can affect public opinion in Death Penalty “Trump Effect”. Amy Albert examines how a current deficiency in understanding animal hoarders harms policy in Animal Hoarding: A Response to HARC. Brittany S. Brown reflects on the ways in which U.S. prisons fail to adequately diagnose and treat the mentally ill, to the detriment of public health in The Epidemic of Mental Illness in America’s “New Asylums”. This issue concludes with two of LJSJ’s own. Michael Gorelik argues for a more critical perspective of the ways criminal courts use and defer to technology in Descending bxack into Plato’s Cave: The Use of Artificial Intelligence in Criminal Sentencing. Finally, Danielle Ser explains How to Combat High Animal Shelter Dog Euthanasia Rates in Maricopa County, Arizona.
John A. Burnett
Law Journal for Social Justice
For the first time in the history of the Law Journal for Social Justice, we are publishing two volumes in one year. This first issue, Fall 2017, is also special in that it deals exclusively in one topic: the proliferation of, and the issues surrounding, private for-profit prisons. Over-incarceration is a pressing issue in the United States and while this problem has advanced, an industry of private prisons has stepped in to cover the overflow and perpetuate the trend.
While social justice is a perennial concern in society, recent political events have accelerated the urgency and necessity of law and legal literacy as a bulkhead against a wave of regression. It is this journal’s mission to provide accessible legal thought and scholarship to motivate people to those ends. Thanks goes out to the LJSJ executive board, editors, and to the wonderful authors without whom this issue would not exist. Special thanks also to Yvonne Lindgren of Indiana Tech School of Law for putting us in touch with the authors and institutions you will see featured in this article.
This issue begins with an examination of the growth and consequences of private, for-profit prisons in Private Prisons: Profiting from, and Contributing to, Mass Incarceration, written by Cynthia Elaine Tompkins, JD. Next, Caroline Isaacs, MSW, reflects on the ways in which for-profit prison companies are adapting to maintain profits to a similarly detrimental effect in The Treatment Industrial Complex: How the For-Profit Prison Industry is Hijacking Sentencing Reform for Corporate Gain. Jayanti Singh and Sayan Kundu examine how the abundant supply of private detention facilities is being used to dictate immigration policy in Profiteering from the Suffering of Immigrants – An Analysis of Judicial Responsibilities and Legislative Burdens. Finally, Hillel Sommer and Guy I. Seidman reflect on two monumental Israeli Supreme Court decisions that have shaped basic standards for funding and treating prisoners in Courts, Prisons, Budgets, and Human Dignity: An Israeli Perspective.
John A. Burnett, 2017-2018 Editor-in-Chief, Law Journal for Social Justice
Private Prisons: Profiting from, and Contributing to, Mass Incarceration by Cynthia Elaine Tompkins, JD
Profiteering from the Suffering of Immigrants – An Analysis of Judicial Responsibilities and Legislative Burdens by Jayanti Singh and Sayan Kundu
Courts, Prisons, Budgets, and Human Dignity: An Israeli Perspective by Hillel Sommer, JSD, and Guy I. Seidman, JSD
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
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
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
Black Death by Shannon Prince, JD and PhD Candidate
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.
2015-2016 Editor-in-Chief, Law Journal for Social Justice
Spring 2016 issue by article:
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.
2014-2015 Editor-in-Chief, The Law Journal for Social Justice
Spring 2015 issue by article:
Death Row: Mentally Impaired Inmates and the Appeal Process by Inalvis M. Zubiaur
Traffic Enforcement by Camera: Privacy and Due Process in the Age of Big Brother by Victor D. Lopez and Eugene T. Maccarone
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
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.
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
LGBTQ Intimate Partner Violence in Phoenix by Justin Hoffman
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:
The Limits of Guilt and Shame and the Future of Affirmative Action by Donald L. Beschle
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
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
Volume I, Spring 2011