This session will use the current Bellow Scholar research projects to explore different empirical methodologies suited for research by clinical legal educators. While the session will use the current Bellow Scholars’ research as
examples, it is intended to be useful for any clinicians conducting or considering empirical research projects.
The Bellow Scholar program
recognizes and supports empirical research projects designed to improve the
quality of justice in communities, enhance the delivery of legal services, and
promote economic and social justice. The Bellow Scholar Program recognizes and
supports projects that use empirical analysis as an advocacy tool and involve
substantial collaboration between law and other academic disciplines. This
session features the 2021-22 Bellow Scholars. The next class of Bellow Scholars
will be selected in Fall 2022.
Co-Chairs and Moderators:
Wendy A. Bach, University of Tennessee
College of Law
Fatma Marouf, Texas A&M University School of Law
Sabrineh
Ardalan and Philip Torrey, Harvard Law School
Solitary
Confinement in Immigration Detention
This project
will examine how frequently solitary confinement is used in immigration
detention and the reasons ICE and detention facilities give for placing
individuals in solitary confinement. We will focus on whether there are safeguards
in place to protect individuals with mental illness from solitary confinement
and what treatment options are available. We will focus our research on data
obtained through FOIA requests and Privacy Act requests from our home state of
Massachusetts and subsequently expand on that research to study other states
across the country. Given the lack of available public data on the number of
immigrants placed in solitary nationwide since 2013, our first goal is to
discover how many immigrants have been affected by this practice and the
reasons given. We will then examine the safeguards and processes in place to
screen people before, during, and after they are subjected to these conditions. The
project is a collaboration between Sabrineh Ardalan, Philip Torrey, and Dr.
Arevik Avedian, a Lecturer on Law and Director
of the Empirical Research Group at HLS. Her expertise is in applied
quantitative analysis, and her research, teaching, and scholarship have an
interdisciplinary focus in various areas of political science, law, and
economics.
Lisa
Martin, University of South
Carolina School of Law
Domestic
Violence and Access to Civil Justice in South Carolina
The goals of this
project are to learn about the people seeking civil legal protections from
domestic violence in South Carolina, how their claims for relief are faring in
courts, and whether court outcomes meet the needs conveyed by petitioners. In
doing so, the project aims to shine light on court and judicial practices that
often remain hidden and examine the impact of such practices on access to the
efficacy of civil protection orders. This archival research project will create a comprehensive, statewide dataset of
court filings in cases involving claims for the four primary civil injunctive
remedies used to protect against domestic violence in South Carolina: orders of protection, restraining orders, permanent restraining orders, and emergency restraining orders. The project seeks to answer several questions, including: (1) who is seeking civil legal protection and for what purpose; (2) how courts are responding to requests for relief; and (3) the accessibility and efficacy of emergency relief.
Kele
Stewart, University of Miami School of Law
Reimagining
Communities that are Overpoliced by the Child Welfare System
This project
will collect information about the three zip codes in Miami with the highest
child welfare removal rates that are also low-income, predominantly Black
neighborhoods. If we are truly interested in adopting a public health
prevention approach to child welfare (or more accurately, child well- being),
then we need to tackle some of the intractable structural problems facing those
communities. The goals of the research project are to: (1) identify the main
factors contributing to disproportionate child welfare involvement in those
communities; (2) identify available services and resources within those
communities and potential gaps in services; (3) identify the existence and
goals of policy, advocacy or organizing initiatives aimed at strengthening
those communities; and (4) gain perspectives from individuals in those
communities about community resources, strengths, and needs with a specific
focus on the capacity to care for children.
Nicole
Summers, Harvard Law School
Pathways to
Eviction
This project
aims to understand how and in what contexts eviction filings produce actual
evictions by coding and analyzing data from approximately 1,000 eviction case
files. The goals of the project are twofold: 1) to identify the specific legal
mechanisms by which eviction filings result in actual eviction at a systematic
level, and 2) to map which tenants are most likely to remain in their unit
after an eviction is filed and which are most likely to end up being formally
evicted based on the features of their eviction case, tenancy, and type of
landlord. To conduct this analysis, we will review and code a random sample of
eviction case files to identify characteristics of the eviction filing, the
legal procedure the case followed, and the landlord. We will then merge the
case data with parcel level data about building types and property ownership
from the City of Boston Assessing Department.
Keeshea
Turner Roberts, Howard University School of Law
Access to
Justice to Unpopular Clients: Representation of Respondents in Civil Protection
Order Cases
The District of
Columbia Domestic Violence Court presents a unique opportunity to test the impact of representation and remote
hearings on case outcomes and compliance. This research project, conducted in partnership with Dr.
Jennifer Wollard, Profesor and Interim Chair in the
Department of Psychology at Georgetown University, will address two fundamental
questions. First, what are the differences
in procedural experiences, substantive outcomes, and compliance for pro se
parties and represented parties in civil protection hearings? Second, how do protection
order hearings and outcomes
change when courts operate remotely via technology? The
project offers a type of natural experiment in three ways – differential rates
of representation during the
study period, the delay of Civil Protection Order (CPO) hearings during the
pandemic, and the impact of extended
Temporary Protective Order (TPO) hearings. First, we can examine whether
hearing outcomes vary during periods of no
respondent representation, some representation, and more representation.
Second, we can examine the number
and type of uncontested CPO hearings as well as the number and type of TPO violations in relation to representation. Third, the Court has
conducted video hearings since March
2020; in person hearings have not resumed as of November 2020, allowing us to
compare hearings and outcomes
before, during, and potentially after the pandemic. Unlike other scholarship that focuses exclusively
on petitioners, our project is unique in its focus on respondents only. Our study is divided
into three parts: (i) analysis of case processing and outcomes; (ii) observations of civil
protection order proceedings; and (iii) interviews with respondents.
Mary
Yanik and Laila L. Hlass, Tulane University Law School
Habeas
Litigation and the Louisiana Immigrant Detention Crisis
This project
proposes empirical analysis of 499 federal court cases challenging the legality
of immigration detention in Louisiana over the past decade. These federal
cases, all habeas corpus petitions, are the last resort for immigrants who have
been detained for months or even years, often without the chance for an
individualized hearing on release. The court in Louisiana that hears these types
of claims, the Western District of Louisiana, has become centrally important to
immigration detention because of the exponential rise in detention beds within
the district. Louisiana now houses more detained immigrants than any other
state, save Texas. While this district has been considered a legal blackhole by
immigrant rights advocates for many years, some recent successes suggest that
these claims can prevail with new approaches. We therefore have begun an
ambitious review of all of these cases filed in the Western District of
Louisiana from 2010 to 2020 to better understand the barriers faced by detained
immigrants challenging the legality of their prolonged detention. Our research team includes clinic
students and research assistants who are coding and analyzing cases in
collaboration with Tulane University Political Science Professor Mirya Holman and members of the SPLC Southeast Immigrant Freedom
Initiative. Ultimately, we hope to improve outcomes in habeas litigation and
adjudication in the state and raise awareness regionally and nationally about
mass incarceration in the immigrant detention context.