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Vol. 27 Masthead Jan 2024

Vol. 27 Masthead

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Resurrecting The Rent Strike Law, Greg Baltz Jan 2023

Resurrecting The Rent Strike Law, Greg Baltz

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


We Have The Right To Play, Duane Rudolph Jan 2023

We Have The Right To Play, Duane Rudolph

University of Pennsylvania Journal of Law and Social Change

This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River Local School District (1985); (5) Bowers v. Hardwick (1986); (6) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995); (7) Romer v. Evans (1996); (8) Boy Scouts of America v. Dale (1996); (9) Lawrence v. Texas (2003); (10) United States v. Windsor (2013); (11) Hollingsworth …


Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu Jan 2023

Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu

University of Pennsylvania Journal of Law and Social Change

Across the United States, various legal mechanisms have subjected unhoused people to cruel practices that seek to remove them from public view. These practices have included laws that criminalize sleeping in public. Following a decades-long series of Supreme Court decisions, the Ninth Circuit recently struck down these “anti-homeless” laws under the Eighth Amendment’s ban on Cruel and Unusual Punishment and held that one’s status and unavoidable conduct resulting from that status could not be criminalized. Since 2022, a second wave of removal has emerged. California and New York City have both enacted initiatives, shrouded under the guise of a “compassionate” …


Masthead Jan 2023

Masthead

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Anti-Bds Laws And The Politics Of Political Boycotts, Osama Alkhawaja Jan 2023

Anti-Bds Laws And The Politics Of Political Boycotts, Osama Alkhawaja

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson Jan 2023

Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


California High: A Note On Enforcement Of The Harrison Act, Lawrence M. Friedman, Omar Vasquez Duque Jan 2023

California High: A Note On Enforcement Of The Harrison Act, Lawrence M. Friedman, Omar Vasquez Duque

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Best Protection Is Abstinence (From Funding): The Illegality And Unconstitutionality Of Abstinence-Only Sex Education In The United States, Haley Ferise Jan 2023

The Best Protection Is Abstinence (From Funding): The Illegality And Unconstitutionality Of Abstinence-Only Sex Education In The United States, Haley Ferise

University of Pennsylvania Journal of Law and Social Change

The United States funds abstinence-only sex education through a variety of spending programs, such as the Title V Sexual Risk Avoidance Education (SRAE) program. Receiving abstinence-only sex education is correlated with higher teen pregnancy rates, more frequent instances of sexually transmitted diseases and infections among young people, young people’s engagement in sexual activity with a greater number of partners, and even a reduced average age of engagement in vaginal intercourse. Federal funding of programs which carry these risks must cease immediately. Scholars and litigants have raised challenges to the constitutionality of programs like SRAE; legal scholar James McGrath purports that …


From Trauma To Transformation: Trauma-Informed Pedagogy In Law School, Angela P. Harris, Monika B. Kashyap Jan 2023

From Trauma To Transformation: Trauma-Informed Pedagogy In Law School, Angela P. Harris, Monika B. Kashyap

University of Pennsylvania Journal of Law and Social Change

In this essay, we seek to expand the meaning of “trauma” by aligning trauma-informed pedagogy with principles of disability justice and progressive critiques of legal education. We argue first that the existence of trauma is not a sign of individual brokenness or deficiency, but rather should be taken as a warning about broken or deficient social institutions or practices. This approach to trauma recognizes the potential of those who experience trauma—whose bodies and minds bear the marks of both subordination and resilience—to contribute to institutional and structural transformation. We use as an example the trauma too often experienced in law …


Identity Annexation: Israel's Non-Territorial And Psychic Annexation Of West Bank Samaritans In The Occupied Palestinian Territories, Zeina Jallad Jan 2023

Identity Annexation: Israel's Non-Territorial And Psychic Annexation Of West Bank Samaritans In The Occupied Palestinian Territories, Zeina Jallad

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Hazy Employment Protections For Medical Marijuana Users In The Pennsylvania Medical Marijuana Act, Kathryn M. Capizzi Jan 2023

The Hazy Employment Protections For Medical Marijuana Users In The Pennsylvania Medical Marijuana Act, Kathryn M. Capizzi

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi Jan 2023

Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi

University of Pennsylvania Journal of Law and Social Change

The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …


Internet Human Rights, Michael J. Kelly, David Satola Jan 2023

Internet Human Rights, Michael J. Kelly, David Satola

University of Pennsylvania Journal of Law and Social Change

The rate at which Internet connectivity is spreading is matched only by the increasing amount of time people spend online. Today over 5 billion humans access the Internet; the overwhelming majority of them engage in social media, and almost all of them live out key aspects of their daily lives digitally. Human rights are universal in the sense that they apply to everyone, everywhere. And while there are indicators that they apply in cyberspace, how they apply is a different story.

Now, as the Universal Declaration of Human Rights (UDHR) turns 75, we wonder how many of those rights accompany …


Socio-Philosophical Ontology: Supraorganic Emergence Of Social Reality, René Reich-Graefe Jan 2023

Socio-Philosophical Ontology: Supraorganic Emergence Of Social Reality, René Reich-Graefe

University of Pennsylvania Journal of Law and Social Change

This article develops and defends a general theory of supraorganic emergence of social reality which, as a base model, is also claimed to causally underpin all instances of sociolegal emergencenamely, the collectivist and wholistic organizational process of a given society that, over large, intergenerational timescales, produces sociolegal rules and practices in terms of legal-system social institutions on the one hand (for example, the first-tier legal recognition and organization of businesses as partnerships and corporations) and legal-system social laws on the other hand (for example, the second-tier legal recognition and organization of certain intra-business fiduciary duties among business owners and managers). …


2022 Edward V. Sparer Symposium Keynote Lecture, Deborah N. Archer Jan 2022

2022 Edward V. Sparer Symposium Keynote Lecture, Deborah N. Archer

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


After Denial: Imagining With Education Justice Movements, Zoe Masters Jan 2022

After Denial: Imagining With Education Justice Movements, Zoe Masters

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Autonomous Vehicles And The Future Of Transit For Individuals With Disabilities, John F. Saylor Jan 2022

Autonomous Vehicles And The Future Of Transit For Individuals With Disabilities, John F. Saylor

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Bike Life, Cultural Conflict, And The City, Jordan Konell Jan 2022

Bike Life, Cultural Conflict, And The City, Jordan Konell

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Linguistic Rights For Minorities And The Quest For Equality: The Case For Arab-Palestinians In Israel, Yousef T. Jabareen Jan 2022

Linguistic Rights For Minorities And The Quest For Equality: The Case For Arab-Palestinians In Israel, Yousef T. Jabareen

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Funding The Unfunded Non-Mandate: An Equal Justice Case For Adequate Funding Of Public Defense, Jay C. Hauser Jan 2022

Funding The Unfunded Non-Mandate: An Equal Justice Case For Adequate Funding Of Public Defense, Jay C. Hauser

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Curbing Concepcion: How States Can Ease The Strain Of Predispute Arbitration To Counter Corporate Abusers, Cameron Molis Jan 2021

Curbing Concepcion: How States Can Ease The Strain Of Predispute Arbitration To Counter Corporate Abusers, Cameron Molis

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Hair Rules: Race, Gender, And Stigmatization In Schools, Patricia A. Banks Jan 2021

Hair Rules: Race, Gender, And Stigmatization In Schools, Patricia A. Banks

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Hawai'i '78: Collective Memory And The Untold Legal History Of The Reparative Action For Kānaka Maoli, Troy H.J. Andrade Jan 2021

Hawai'i '78: Collective Memory And The Untold Legal History Of The Reparative Action For Kānaka Maoli, Troy H.J. Andrade

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Free-Market Feminism: Re-Reconsidering Surrogacy, Alexandra Holmstrom-Smith Jan 2021

Free-Market Feminism: Re-Reconsidering Surrogacy, Alexandra Holmstrom-Smith

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Masthead Jan 2021

Masthead

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias Jan 2021

Fewer Of Whom? Climate-Based Population Policies Infringe Marginalized People's Reproductive Autonomy, Rachel L. Zacharias

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Facial Recognition In China: Current Status, Comparative Approach And The Road Ahead, Yan Luo, Rui Guo Jan 2021

Facial Recognition In China: Current Status, Comparative Approach And The Road Ahead, Yan Luo, Rui Guo

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


The Naacp's Rape Docket And The Origins Of Criminal Procedure, Scott W. Stern Jan 2021

The Naacp's Rape Docket And The Origins Of Criminal Procedure, Scott W. Stern

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Reverse Integration: Centering Hbcus In The Fight For Educational Equality, Stacy Hawkins Jan 2021

Reverse Integration: Centering Hbcus In The Fight For Educational Equality, Stacy Hawkins

University of Pennsylvania Journal of Law and Social Change

No abstract provided.