Law Commons^™

 The Roots And Branches Of The Medical-Legal Partnership Approach To Health: From Collegiality To Civil Rights To Health Equity, Joel Teitelbaum, Ellen Lawton

Yale Journal of Health Policy, Law, and Ethics

This Article traces the roots of the medical-legal partnership (MLP) approach

to health as a way of promoting the use of law to remedy societal and institutional pathologies that lead to individual and population illness and to health inequalities. Given current forces at work - the medical care and public health systems' foctis on social determinants of health, the increased use of value-based medical care payment reforms, and the emerging movement to train the next generation of health care and public health professionals in structural competency - the time is ripe to spread the view that law is an important lens through ...

 Ethics Of Evidence: Health Care Professionals In Public Benefits And Immigration Proceedings, Jesselyn Friley

Yale Journal of Health Policy, Law, and Ethics

This Article discusses the role of health care professionals in applications for public benefits and immigration relief. Medical-legal partnerships (MLPs) often represent patients who are applying for disability or veterans benefits, or who are seeking asylum based on past persecution. The strength of a patient's medical evidence often determines whether their claim succeeds or fails. Many health care professionals provide corroborating evidence for their patients, but even when they do not, their opinions appear in the proceedings through medical records.

 Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer

Yale Journal of Health Policy, Law, and Ethics

Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.

 A Mental Health Checkup For Children At The Doctor's Office: Lessons From The Medical-Legal Partnership Movement To Fulfill Medicaid's Promise, Yael Cannon

Yale Journal of Health Policy, Law, and Ethics

Traumatic childhood events and the stress they cause can negatively affect health over a lifetime. For children with Medicaid coverage, visits to the doctor's office present an opportunity to improve this trajectory. Medicaid's Early Periodic Screening Diagnostic and Treatment (EPSDT) mandate requires that children receive more than a basic physical when they see a doctor for regular "well-child checks."

Introduction To The Medical-Legal Partnership Symposium Issue, Susanna D. Evarts, Nathan Guevremont

Yale Journal of Health Policy, Law, and Ethics

Since the first medical-legal partnership (MLP) opened in 1993 at the Boston Medical Center, MLPs have increasingly become integrated into community health centers around the United States. And MLPs are in the business of growth: more than 300 MLPs are currently operating in the United States, and 59 percent of those are fewer than five years old. MLPs are collaborations between physicians and civil attorneys in which the attorneys are integrated into the health care team, and work with the patient to address civil legal needs that impact the social determinants of a patient's health.

By Any Other Name: The Vocabulary Of "Feminism" At The Supreme Court, Mckaye L. Neumeister

Yale Journal of Law & Feminism

Feminist legal theory is a significant area of scholarly inquiry, and the Supreme Court is no stranger to feminist legal arguments. Yet there has been no previous attempt to determine how the Court reacts to and makes use of the vocabulary of feminism. This Note conducts an empirical study of Supreme Court cases, and finds that-despite ample opportunity-the Court has only substantively discussed the words "feminist" or "feminism " twice in its history, both times in non-majority opinions. The Note attempts to understand this· aversion to the vocabulary of feminism, examining factors from within the legal profession
as well as the ...

Rape Process Templates: A Hidden Cause Of The Underreporting Of Rape, Eliza A. Lehner

Yale Journal of Law & Feminism

Fewer than a third of rape victims report their rape to the police. This low reporting rate appears to exist not only in jurisdictions with police
departments that intentionally discourage victims, but also, paradoxically, in areas with departments that believe they encourage victims to report and pursue allegations of rape. Relying on original qualitative research conducted with two local police departments (a city department and a university department) as a case study, this Note identifies a likely cause of the widespread underreporting­
"rape process templates"-and offers the foundation for a solution.

Legal Counsel For Survivors Of Campus Sexual Violence, Merle H. Weiner

Yale Journal of Law & Feminism

This Article argues that survivors of campus sexual violence often need legal counsel before, during, and after campus disciplinary proceedings. Lawyers have been overlooked as a critical resource for survivors, and this omission means that most survivors do not receive essential services for addressing their victimization and furthering their recovery. This Article sets forth the reasons why institutions of higher education should make available free legal services to their students who are victimized, and addresses the reasons why institutions might be hesitant to do so.

Freedom From Religion: A Vulnerability Theory Approach To Restricting Conscience Exemptions In Reproductive Healthcare, Sarah M. Stephens

Yale Journal of Law & Feminism

Conscience exemption laws, which permit refusals of service based on personal or religious belief, echo the formal equality approach embodied in antidiscrimination laws. They attempt to promote individual religious autonomy without taking into consideration the power and information disparities between institutional and individual actors and the harm that refusals can cause. Martha Fineman's vulnerability theory turns formal equality on its head by
dismantling our conception of independent individuals, who are freely able to achieve equal outcomes if they are treated alike, and by explaining that the shared vulnerability of all people requires a responsive state to address unequal access ...

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Yale Journal of Law & Feminism

On January 4, 2016, over 100 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief filed in Whole Woman 's Health v. Hellerstedt, the women spoke publicly about one of the most private decisions a woman can make. Their participation in this brief, which captured national media attention, marked their "coming out" to their clients and to all of their former, present, and future supervisors and colleagues; to the judges for whom they have clerked; and to the Justices of the Supreme Court.

Is Vulnerability Enough? Analyzing The Jurisdictional Divide On The Requirement For Post-Notice Harassment In Title Ix Litigation, Zachary Cormier

Yale Journal of Law & Feminism

A jurisdictional divide has arisen at a critical point in the evolution of Title IX litigation. Though the text of Title IX only provides for administrative enforcement of its gender discrimination clause, the Supreme Court has established a private cause of action for students who experience sexual harassment at an institution that receives federal funding. This private cause of action has evolved to allow for the recovery of monetary damages when the institution manifests a deliberate indifference to the harassment of a student after the institution had been notified of previous harassment.

An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk

Yale Journal of Law & Feminism

The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival.

When Rights Don't Talk: Abortion Law And The Politics Of Compromise, Noya Rimalt

Yale Journal of Law & Feminism

This Article draws attention to the significance of rights-talk in shaping proper abortion legislation. It engages with ongoing debates regarding the wisdom of Roe v. Wade's judicially imposed, strict rights-based approach to legal abortion. As the issue of abortion remains extremely controversial in Amer­ican politics, it has been argued that the Supreme Court's rights-based rhetoric, coupled with its "undemocratic" judicial imposition of a resolution to the issue, played a central role in triggering the ongoing conflict over abortion. Legal schol­ars often rely on comparative examples in an attempt to argue in favor of legislative and conciliatory ...

How Women Could Save The World, If Only We Would Let Them: From Gender Essentialism To Inclusive Security, Catherine Powell

Yale Journal of Law & Feminism

We increasingly hear that women's empowerment and leadership

will lead to a safer, more prosperous world. The UN Security Council's groundbreaking resolutions on Women Peace, and Security (WPS)-and U.S. law implementing these commitments-rest on the assumption that women's participation in peace and security matters will lead to more sustainable peace, because women presumably "perform" in ways that reduce conflict, violence, and extremism.

Trans/Forming Healthcare Law: Litigating Antidiscrimination Under The Affordable Care Act, Wyatt Foret

Yale Journal of Law & Feminism

Although section 1557 of the Affordable Care Act outlaws sex discrimination in healthcare, its statutory language does not by itself articulate which actions may give rise to cognizable claims of discrimination. Further, the final rule implementing section 1557 confirms the recent trend in which courts recognize that anti-transgender discrimination is inherently discrimination "on the basis of sex." This Article stands at the crossroads of these two doctrinal developments, and articulates what sorts of theories of discrimination are cognizable for transgender plaintiffs under the Affordable Care Act. It does so by looking to the text of the statute and final rule ...

Protests, Terrorism, And Development: On Ethiopia's Perpetual State Of Emergency, Awol Allo

Yale Human Rights and Development Law Journal

On October 8, 2016, the Ethiopian government officially declared a nationwide state of emergency in response to a year-long protest by members of Ethiopia's two largest ethnic groups, the Oromo and the Amhara. The Directive issued to implement the state of emergency institutes a new normative regime, astonishing in scope and scale, in which the de jure reversal of the relationship between the rule and the exception has culminated in a new legal reality. This Article argues that Ethiopia's de jure emergency is merely the latest manifestation of the de facto state of emergency in operation since the ...

The Efficacy Of National Human Rights Institutions Seen In Context: Lessons From The Myanmar National Human Rights Commission, Jonathan Liljeblad

Yale Human Rights and Development Law Journal

In Human Rights Resolution 2005/74, the United Nations Commission
on Human Rights recognized the importance of National Human Rights Institutions (NHRis) in protecting human rights and called for further work to nurture their growth. In an effort to address critiques that it fell short of U.N. expectations for NHRis, in March 2014 Myanmar's government enacted the Myanmar National Human Rights Commission Law to reform the Myanmar National Human Rights Commission (MNHRC) in accord with the Paris Principles.

The Risk Of Statelessness: Reasserting A Rule For The Protection Of The Right To Nationality, David C. Baluarte

Yale Human Rights and Development Law Journal

A global effort to combat statelessness and defend the universal right to
nationality is currently underway. Nevertheless, questions persist about the proper scope of the right to nationality, the appropriate form of statelessness protection, and the legal limits of state discretion to deny or deprive an individual of nationality. These questions have animated a heated transnational debate about statelessness in Hispaniola, where the government of the
Dominican Republic has designed a legal system that excludes persons of Haitian descent from Dominican nationality. Central to this conflict is a question about whether actions by the Dominican state leave persons of Haitian ...

Rights-Based And Tech-Driven: Open Data, Freedom Of Information, And The Future Of Government Transparency, Beth Simone Noveck

Yale Human Rights and Development Law Journal

Open data policy mandates that government proactively publish its data
online for the public to reuse. It is a radically different approach to transparency than traditional right-to-know strategies as embodied in Freedom of Information Act (FOIA) legislation in that it involves ex ante rather than ex post disclosure of whole datasets. Although both open data and FOIA deal with information sharing, the normative essence of open data is participation rather than litigation. By fostering public engagement, open data shifts the relationship between state and citizen from a monitorial to a collaborative one, centered around using information to solve problems together.

Superfund In The Trump Era, Donald E. Elliott

Faculty Scholarship Series

Since President Donald Trump took office just over one year ago, much has changed at the U.S. Environmental Protection Agency. In this Expert Analysis series, former EPA general counsels discuss some of the most significant developments and what they mean for the future of environmental law in the U.S.

Trademark Issues Relating To Digitalized Flavor, John T. Cross

Yale Journal of Law and Technology

Over the past three decades, most people have become accustomed to dealing with music, film, photography, and other expressive media stored in digital format. However, while great strides have been made in digitalizing what we see and hear, there has been far less progress in digitalizing the other senses. This lack of progress is especially evident for the chemical senses of smell and taste. However, all this may soon change. Recently, several groups of researchers have commenced various projects that could store odors and flavors in a digital format, and replicate them for humans.

Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers

Yale Journal of Law and Technology

There has been increasing interest in the transformative power of not only crypto-currencies like Bitcoin, but also the technology underlying them-namely blockchain. To the uninitiated, a blockchain is a sophisticated, distributed online ledger that has the potential, according to Goldman Sachs, to "change 'everything."' From making businesses more efficient to recording property deeds to engendering the growth of 'smart' contracts, blockchain technology is now being investigated by a huge range of organizations and is attracting billions in venture funding. Even the U.S. Defense Advanced Research Projects Agency (DARPA) is investigating blockchain technology to "create an unhackable messaging system."

Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm

Yale Journal of Law and Technology

This article examines some of the inherent inequities that

exist for music vocalists under the United States Copyright Act and related music industry practices, due to the limited scope of protection given to sound recordings and the absence of an express inclusion of nondramatic music performance as a protected work under Section 102(a). It argues for expansion of the rights afforded to include, for music vocalists with respect to nondramatic works, an inalienable copyright, separate from the sound recording copyright, based upon a sole right of authorship in their performance as an applied composition, once fixed. It also argues ...

Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund

Yale Journal of Law and Technology

Under existing law, social media information communicated through behind password -protected pages receives no reasonable expectation of privacy. The Note argues that the Fourth Amendment requires a greater degree of privacy protection for social media data. Judicial and legislative activity provides indicia of a willingness to reconsider citizens' reasonable expectation of privacy and reverse an anachronistic equation of privacy with secrecy.
Government monitoring of private social media pages constitutes a deeply invasive form of surveillance and, if government agents employ covert tactics to gain access to private social media network s, then the Fourth Amendment controls government use of that ...

Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn

Yale Journal of Law and Technology

The transfer of data across borders support s trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives such as national security, public morals or public order, and privacy. Such domestic measures create potential concerns under both international trade law and international investment law. Accordingly, recent trade and investment negotiations such as the Trans-Pacific Partnership Agreement (TPP) include specific provisions mandating the permissibility of cross-border data transfer and prohibiting data localization in certain ...

Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B Van De Velde, N Bol, B Van Es, C De Vreese

Yale Journal of Law and Technology

Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products,
information, and people; they increasingly customize our physical environments, including the temperature and the mood .

Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati

Yale Journal of Law and Technology

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore whether respondents can distinguish native advertising and "regular" ads from unpaid content, using 16 native ads, 5 ''regular" ads, and 8 examples of news / editorial content, drawn from multiple sources and plat forms. Overall, only 37% of respondents thought that the tested examples of native
advertising were paid content, compared to 81% for "regular" advertising, with variation ...

When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen

Yale Journal of Law and Technology

Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees' hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing bad actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees' paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly ...

Free Speech In The Algorithmic Society: Big Data, Private Governance, And New School Speech Regulation, Jack M. Balkin

Faculty Scholarship Series

The problems of free speech in any era are shaped by the communications technology available for people to use and by the ways that people actually use that technology. Twenty years ago, in 1997, when I began the Information Society Project at Yale, we were just entering the age of the Internet. Most people were still using dial-up modems, there was no Facebook, Google, or YouTube, Instagram or Snapchat; there were no iPhones. Only twenty years later, we have already entered into a new phase the Algorithmic Society - which features large, multinational social media platforms that sit between traditional nation ...

The Original Theory Of Constitutionalism, David Singh Grewal

Faculty Scholarship Series

The conflict between various versions of "originalism" and "living constitutionalism" has defined the landscape of constitutional theory and practice for more than a generation, and it shows no sign of abating. Although each camp has developed a variety of methodological approaches and substantive distinctions, each one also returns to a core concern: the democratic authority of constitutional review. The late Justice Scalia crystallized the originalist concern in his dissent in Obergefell v. Hodges: “It is of overwhelming importance . . . who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is ...