Model Rules of Professional Conduct, American Bar Association.
“In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.”
The Forensic Experiential Trauma Interview (FETI)
Developed by Special Agent (Ret) Russell W. Strand and Former Supervisory Special Agent Lori D. Heitman.
A psychologically sound and empirically tested method of interviewing victims which incorporates research on social psychology and responses to trauma.
An Antiracist Approach to Trauma-Informed Lawyering
Written by Lorilei Williams. Published by The Shriver Center on Policy and Law, June 29, 2021.
“How do we, as advocates, show up through all this trauma, to be both trauma-informed towards our clients and ourselves, while leveraging sustainable, systemic change?”
The Pedagogy of Trauma-Informed Lawyering
Written by Sarah Katz & Deeya Haldar. Published by Clinical Law Review, Spring 2016. Link opens to Westlaw.
Written by Connor Kenaston. Published by Hybrid Pedagogy: the journal of critical digital pedagogy on June 17, 2021.
This article is from the perspective of a professor who recognizes the importance of confronting uncomfortable topics with the impact it has in the classroom.
A Pedagogy of Kindness by Catherine Denial
Written by Catherine Denial. Published by Hybrid Pedagogy: the journal of critical digital pedagogy on August 15, 2019.
Maryland General Assembly passes bill to constitute the definition of consent and repeals force
Written by Madeline Seck. Published by The Black Explosion News on May 20, 2024.
Explaining the new law which goes into effect October 1, 2024. Repealing use of force and codifying and expanding on the common law interpretation of consent.
DLSA Note: Not found in the article is an explanation of the common law interpretation of consent which preceded this legislation: as found in State v. Rusk (1981) which states that “against the will” and “without the consent” are synonymous in the law of rape, and which has been summarily ignored by prosecutors across the state of Maryland since it’s publication.
Affirmative Consent in Sexual Assault: Prosecutors’ Duty
Written by Beatrice Diehl. Published by the Georgetown Journal of Legal Ethics the Summer of 2015. This links to a resource not available to the general public but available on Westlaw.
““Yes.” It is a simple enough word, but one that is often presumed from silence, drunkenness, or even sleeping. According to a new law in California, “yes,” as it applies to consensual sex, is something that is “affirmative, conscious, and voluntary.” “Lack of protest or resistance” does not mean yes. Silence does not mean yes. Intoxication, relationship history, incapacitation, or sleeping cannot be used to assume consent. This is a relatively novel concept in the criminal law prohibiting rape and one eschewed by dozens of opponents.”
Published by the British Psychological Society on August 2, 2016.
Dan Jones delves into the work of Eran Halperin, in the field of conflict resolution.
“'People living in societies caught up in long-term conflicts have to develop some kind of psychological shield that enables them to cope with the challenges of the conflicts, and to live a normal life in abnormal times,' says Halperin. 'They develop narratives that provide a coherent, one-sided story of their situation. The only way to cope is to believe in such black-and-white stories. People will not sacrifice their lives if they have doubts about the righteousness of their roles.'”
Published by the British Psychological Society on November 8, 2019.
A collection of articles from our archive on psychology and war, and paths to peace.
Written by Anika Nayak Divya K. Chhabra. Published by Harvard Public Health on February 28, 2024.
“Multiple stakeholders in health care delivery and policymaking—from political figures to private healthcare providers to the public education system—must work together to make immigrant mental health a priority. For decades, immigrants have built our country. And today, they are protecting it. The least we could do is protect them.”
Published by Amnesty International on October 9, 2020.
“Instead of supporting the wellbeing of refugees and migrants, many of whom also face racism, hostility, poverty and unemployment in host countries, many governments have pursued abusive policies and practices which have had a well-documented harmful impact on mental health. . . [For example] In the US, Amnesty International found that family separation policies have inflicted such severe mental suffering that they amount to torture.”
Published by Society for the Psychological Study of Social Issues on April 2, 2024.
Preview:
“People can tell quite different narratives depending on whether they choose to begin the story with Hamas's attack on October 7, 2023, the Oslo Accords in 1993, the mass displacement of Palestinians in 1967, the Nakba in 1948, the British mandate in 1917, or other events, even as all of these and more are important to understanding this history and context. These are important dynamics to explore in understanding how history is manipulated in the service of manufacturing collective narratives and justifying violence.”
“Recent analyses have shown that western media outlets create a narrative where Palestinians—in using a passive framing that obscures the actors and actions that killed them—are people who died or were feared dead, whereas Israeli deaths are characterized more actively as “brutal cold-blooded murder” (İnceoğlu, 2023).”
“In the case of the October 7 attacks and their aftermath, increased Israeli military campaigns in Gaza should be expected to drive increases in Hamas recruitment rather than diminish numbers of Hamas fighters, despite Israel’s declared mission to eliminate Hamas (Jobain, Federman, & Jeffery, 2024; see Wagner, 2006). Specifically, for Israelis, Bar-Tal and colleagues (2007) demonstrates that there is a negative relationship between collective fear and support for the peace process, which plays a critical role in political decision-making based on factors, such as mortality salience and existential threat. Despite the negative impacts of social cognitive forces on increased intergroup understanding, realistic empathy between parties from Palestine and Israel—on which these individuals could slowly develop trust—will lend itself toward developing a sustainable and lasting peace as long as core issues are addressed (Wagner, 2006).”
“To counter these sociocultural development processes, a collective narrative between Palestinian and Israeli people, incorporating the lived experiences of both groups, can be leveraged in a coexistence, prejudice-reduction solution (Adwan et al., 2016; Salomon, 2004). In one such intervention, Israeli and Palestinian students shared personal stories from their lives and families and were expected to share some of the stories/narratives that they heard from outgroup members with a parent or grandparent. The goal of this one-year program was to improve understanding of outgroup narratives and to reassess stories/narratives that they have been told from individuals of their own group (Bar-On & Kassem, 2004). Further extending to individuals who experience the conflict vicariously, when Arab Americans and Jewish Americans endorsed respective narratives of the Israeli/Palestinian conflict which reinforced Palestinian and Israeli perspectives only, they were less likely to endorse a two-state solution (Ben Hagai & Zurbriggen, 2019). However, when Jewish Americans were able to also understand the Palestinian narrative that Palestinians were a peoples dispossessed of their land, and when Arab Americans were able to engage the perspective of Israelis in their narrative of living peacefully but defending their nation, both groups were more likely to support the two-state solution (Ben Hagai & Zurbriggen, 2019).”
“For example, critical participatory action research is an epistemology that includes individuals who are most marginalized and impacted by an issue being studied as critical experts (regardless of academic/research-related training) in making decisions about all aspects of research, including what research questions and methods are most important to address, how to analyze and interpret data, and how to utilize results to make positive social change toward justice and healing (e.g., Fine & Torre, 2019).”
. . .
“[M]aking sure not to conflate and instead to carefully distinguish between people versus governments, militaries, and organizations (the actions of which very often do not reflect many people’s attitudes or desires, even if that is being claimed); holding empathy and compassion for the varied forms of direct and indirect/vicarious intergenerational and recent/current trauma that are present and being activated/triggered for people; addressing different terms and ways of discussing and referring to what is happening about which people may have different preferences and reactions to, and can mean very different things to different people…”
