Setting the Record Straight – Part I

An observation of the impact of criminal records on pursuing employment opportunities, its effect on national poverty, and the steps that have, can and should be taken to address this injustice.

by Scott E. Whitman

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One in three U.S. adults has been arrested by age twenty-three.[1] In real numbers, between 70 and 100 million Americans possess some type of criminal record.[2] Even a minor criminal record—such as a misdemeanor or simply an arrest without a conviction—can create an array of lifelong barriers that stand in the way of professional and financial success.[3] This systemic issue has drastic implications for individuals’ and families’ economic stability, as well as for our national economy as a fleeting encounter with the criminal justice system may close every employment door to those who may need it most.[4] For some, this essentially leaves business ownership as the only meaningful option to provide for their families and to rehabilitate their image.[5] However, given the restrictions often preventing former felons from owning businesses, criminal records have come to serve as a major driver of poverty in the United States.[6]

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Traffic Stops and Discriminatory Policing in the United States

by Erin Killeen

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Many American drivers have been pulled over by a police officer at some point in their lives. Police make approximately eighteen million traffic stops per year in the United States.[1] Twelve percent of drivers are stopped per year by the police.[2] For minorities, that rate is higher: twenty-four percent of non-white drivers every year by the police.[3]

Anyone with a driver’s license knows that it is impossible to obey every traffic rule at all times. How many of us pause at a stop sign for precisely the right amount of time, or turn on our turn signal at precisely the correct distance from an intersection? It is well established that police use these minor traffic violations as a pretext to stop drivers and search their cars for more serious legal violations.[4] When more African American drivers are pulled over than white drivers, and more frequently subject to these searches when the police do pull them over, it becomes clear that the way police conduct these investigatory stops perpetuates the racial divide in America.[5]

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The Cooperative Form: A Tool to Empower Immigrant Entrepreneurs and their Communities

by Mike Lam

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According to the American Community Survey, the U.S. immigrant population stood at more than 43.3 million, or 13.5 percent, of the total U.S. population in 2015.[1] Over forty percent of immigrants in the U.S. live in or are near living in poverty.[2] In addition to facing an amalgam of legal, social, and economic barriers, immigrant entrepreneurs must also resolve the complex racial, wealth and income inequalities prevalent across the nation.

During my 1L summer at a law firm in Minneapolis, I learned how the cooperative legal form empowered capable, hard-working, and entrepreneurial immigrants to create jobs within the community. A cooperative is a type of corporation formed under state statutes.[3] Cooperatives are distinct legal entities from their owners.[4] Cooperatives can be difficult to distinguish from other types of corporations because many features, such as fiduciary duties, limited liability, and boards of directors, exist in cooperatives as well. The key distinguishing feature, however, is that members and users of the cooperatives services own and control the business.[5] The Mercado Central market, a thriving marketplace of thirty-five businesses that aims to foster business development for Latinos, used the cooperative structure as a tool to create businesses, jobs, and a sustainable marketplace for the benefit of the community and its members.[6]

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One Journalist’s Take on the Opioid Crisis

by Greta Feldman

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In July 2017, journalist Emily de la Bruyère traveled to two small towns in southwestern Ohio to report on the opioid epidemic and its impact on families and communities. Her five-part series produced intimate ethnographies, but she made clear what most already knew—this issue is not confined to any one place or demographic.[1] At the same time, however, it weighs especially heavy on impoverished and depressed communities. I recently spoke with Emily to better understand the national narrative and how local, state and federal governments are addressing the crisis.[2] She made several notable points which are important in considering the issue at large:

 

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DCPS Graduation Scandal

by Stacy Ham

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In June 2017, Ballou High School in D.C. (“Ballou”) was praised for getting each senior student to graduate.[i] Three months ago, that praise turned into criticism after NPR and WAMU 88.5 conducted an investigation of Ballou’s attendance records. The investigation found that half of the high school’s graduates missed at least three months of school in one year.[ii] Out of the 164 students that graduated in 2017 at Ballou, only fifty-seven were actually attending and passing courses in accordance with the school district’s policy. In other words, only about one-third of the graduates should have been allowed to graduate.[iii]

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What a Government Shutdown Means for Low-Income Children

To learn more about government benefits that protect children, check out From Welfare to Work: What the 1996 Welfare Reform Initiative has Meant for Children, by Erin Holland, available on Westlaw.

by Molly Thornton

In the weeks leading up to the government shutdown in January of 2018, President Trump issued a series of tweets in which he warned that a government shutdown would have a devastating effect on the nation’s military.[1] In reality, much of the Department of Defense would continue working during a shutdown, continuing “operations necessary for the safety of human life or the protection of property.”[2] In addition to exaggerating the effect of a government shutdown on the military, President Trump’s tweets completely ignored a group that is far more vulnerable to the effects of a shutdown than the military: low-income children.

When the federal government last shut down in 2013, the Republican-led House refused to pass an appropriations bill unless President Obama and the Democrat-led Senate would agree to a budget that eliminated funding for the Affordable Care Act.[3] Lasting a period of sixteen days, the shutdown had a significant negative impact on a number federally-funded programs on which low-income children and their families rely. One such example is the program Head Start,[4] which operates centers that prepare low-income children for success in Kindergarten.[5] Without funding to pay employees, Head Start centers across the country were forced to close for up to nine days, affecting over 6,300 low-income children and their families.[6]

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Underbanking in the United States

by Ibe Alozie

This article discusses underbanking (and its nexus to poverty) in American households, steps that the Bureau of Consumer Financial Protection (CFPB) has taken to mitigate the effects of underbanking, and recent changes at the CFPB that increase the likelihood that the CFPB will be less active in mitigating the effects of underbanking. To learn more about underbanking, check out From Paper to Electronic: Food Stamps, Social Security, and the Changing Functionality of Government Benefits, by Sarah Carrier, available on Westlaw and LexisNexis.

A household is considered “underbanked” when it has an account at an insured institution or bank but still uses alternative financial systems or services outside of the banking system.[1] Rather than going through the traditional banking system, these households use money orders, cash checking, auto title loans, or pawn shop loans, among others, to meet their financial needs.[2]  While 68% of households in the United States are fully banked, a 2015 survey by the Federal Deposit Insurance Company (FDIC) found that 19.9% of households in the United States—approximately 24.5 million households—are underbanked.[3]

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How to Actually Fix a Broken Window

To learn more about Broken Windows policing, check out Nowhere to Go: The Impacts of City Ordinances Criminalizing Homelessness, by Donald Saelinger, available on Westlaw and LexisNexis.

by Kimberly Kidani

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In 1982, George L. Kelling and James Q. Wilson wrote an article entitled Broken Windows, which purported to offer a policing strategy that would help police to serve the needs of communities.[1] This strategy empowered officers to focus on “order maintenance.”[2] The authors based the strategy outlined in Broken Windows on the premise that that crime and disorder are linked, and therefore increasing order through greater police presence in neighborhoods would prevent crime and make residents feel safer. In theory, this strategy would empower officers to restore a community through the policing of low-level offenses.[3] In practice, “broken windows” policing is an antiquated attack on the poor that the criminal justice system needs to replace with real solutions. 

Although The Atlantic published Broken Windows over thirty-five years ago, the article still has a large influence over how and what we police today. For example, New York City’s adoption of “broken windows” policing evolved into “zero tolerance” policing—strictly enforcing low-level offenses—which in turn motivated the city’s unconstitutional stop-and-frisk policies.[4] Attorney General Jeff Sessions has explicitly encouraged broken windows policing.[5] He has followed through on this proclamation in his reforms of the U.S. Department of Justice (DOJ) operations and initiatives. For instance, the DOJ’s Office of Community Oriented Policing Services (COPS) no longer investigates and reports on problems within police departments on a voluntary basis. Instead, Sessions is encouraging “proactive policing” strategies—those that attempt to seek out and stop crime before it happens, like stop-and-frisk and zero tolerance policing—which many people associate with broken windows tactics.[6] However, although some supporters of Broken Windows credit this strategy with decreases in crime since the 1990s, other changes since then—including economic development and demographic shifts—make it impossible to definitively determine how effective Broken Windows is at reducing crime.[7] Regardless of its efficacy, this policing strategy resonates with many people in the community: A 2015 Quinnipiac poll indicated that a majority of New York City voters support broken windows policing.[8]

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Snack or Starve: The Debate Surrounding Nestlé Selling Processed Food in Brazil

To learn more about food security among people living in poverty in rural countries, check out Poverty, Food Security, and the Right to Health, by Robert S. Lawrence, Iris Chan, and Emily Goodman, available on Westlaw and LexisNexis.

by Zachary Karlan

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Nestlé is by far the largest food and beverage company in the world.[1] In September of 2017, the New York Times published “How Big Business Got Brazil Hooked on Junk Food,” in which it explains how Nestlé employs Brazilian citizens to deliver its products right to the front door of approximately 250,000 households.[2] Nestlé and other companies have aggressively adopted a presence in developing countries like Brazil to combat declining sales in more economically developed nations.[3] This door-to-door delivery model makes it simple for the poorest Brazilians to access food, especially those who do not live near a supermarket.[4] Although not currently in service, Nestlé used to have a floating barge that would deliver food to villages in the Amazon.[5] According to the company, Nestlé serves 700,000 “lower income consumers” who benefit from “products enriched with vitamin A, iron and zinc—the three major nutritional deficiencies in Brazil.”[6] On its face, Nestlé and other multinational companies who employ a similar model for global expansion appear to provide an objectively good service: Providing poor individuals with food that might not otherwise be accessible and at a price they can afford. However, studies show that Brazil is facing a serious obesity problem due to the abundance of processed foods from companies like Nestlé.[7] This should force us to question whether this program is truly helping the poor.

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The Justice Reinvestment Act: An Opportunity for Change and Progress in Maryland

by Sophie Breene

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On May 19, 2016, Governor Larry Hogan signed the Justice Reinvestment Act (JRA) into law, making Maryland the 26th state to pass some form of justice reinvestment legislation in the past ten years.[1] Beginning in October 2017, incarcerated individuals can petition the courts to start putting the law’s provisions into action.[2] The law came to pass after several rounds of bipartisan negotiations, and thus critics on both sides of the political spectrum argue that JRA does too much or not enough for criminal reform.[3] Despite its limitations, the new law will help to curb the cycle of incarceration that disproportionately hurts people living in poverty.

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