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Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

College of Law Faculty Scholarship

The body of 19-year-old Sinoxolo Mafevuka was found in a communal toilet in the Cape Town, South African urban township of Khayelitsha. Sinoxolo had been viciously raped, strangled to death, and her body discarded, with her head under the toilet seat and her genitals displayed openly. Tragically, while Sinoxolo’s murder is a particularly brutal example, using a neighborhood toilet in many informal settlements is an incredibly dangerous activity, and there are estimates that 10.5 million South Africans do not have ready access to toilets. “Women, children and men of all ages are frequently robbed, raped, assaulted and murdered on the …

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

College of Law Faculty Scholarship

The body of 19-year-old Sinoxolo Mafevuka was found in a communal toilet in the Cape Town, South African urban township of Khayelitsha. Sinoxolo had been viciously raped, strangled to death, and her body discarded, with her head under the toilet seat and her genitals displayed openly. Tragically, while Sinoxolo’s murder is a particularly brutal example, using a neighborhood toilet in many informal settlements is an incredibly dangerous activity, and there are estimates that 10.5 million South Africans do not have ready access to toilets. “Women, children and men of all ages are frequently robbed, raped, assaulted and murdered on the …

Poor Support/Rich Support: (Re)Viewing The American Social Welfare State, Wendy A. Bach

Scholarly Works

Since at least the 1970s a variety of scholars have redefined the U.S. social welfare state to include not only traditional benefit programs (for example Food Stamps and social security) but also a variety of tax benefits that are “hidden” or “submerged” forms of “welfare for the wealthy.” Including these benefits in the overall picture of U.S. social welfare provision reveals a system that is both larger in size than popularly believed and that, in addition to providing some support for the poor, distributes significant benefits regressively, to households with substantial wealth. Although a variety of scholars and policy analysts …

Protecting Regulatory Expressions Of Food Populism Through Interstate Cooperation, Kathryn Bowen

Tennessee Law Review

Consumers and retailers are increasingly interested in purchasing local, sustainable, and humanely raised foods. Advocacy groups are spearheading that trend. Their efforts have gained traction at the state-level, with a broad-based, food conscious constituency directly fomenting policy change. And yet, adversely affected food producers typically succeed in nullifying state reforms by securing from Congress preemptive national standards.

That dynamic is likely to manifest again in the area of farmed animal treatment. In November 2016, Massachusetts approved the furthest reaching prohibition on the use of "intensive confinement" systems for farmed animals, and the sale of any food products thereby derived. Additional …

Mobile Health Innovation And Interagency Coordination, Rachel E. Sachs

Annals of Health Law and Life Sciences

No abstract provided.

Reviews: Poor Kids: A Child's Perspective Of Living In Poverty, Elizabeth Jahn

Children's Legal Rights Journal

No abstract provided.

The War On Syrian Girls: Supporting The Criminalization Of Sex-Related Violence And Trafficking Of Minor Refugees, Megan Rossman

Children's Legal Rights Journal

No abstract provided.

Symposium Article: Transhuman Babies And Human Pariahs: Genetic Engineering, Transhumanism, Society And The Law', Alexandra M. Franco

Children's Legal Rights Journal

No abstract provided.

The Yates Memo Versus Administrative Law, William Ortman

Law Faculty Research Publications

No abstract provided.

Sb-277 Calls The Shots: How California Can Mend The Divide Between Proponents And Opponents Of Mandatory Vaccination Laws, Jennifer Yeung

Duquesne Law Review

No abstract provided.

The Expansion Of The “Right To Die”: Physician-Assisted Suicide, Concepts Of State Autonomy & The Proper Political Process For Legalization, Zachary Gureasko

Belmont Health Law Journal

Physician-assisted suicide has been the subject of fierce debate over the past few decades, and there is no doubt that it is an extremely sensitive issue with compelling arguments from both its detractors and its supporters. Its opponents usually refer to the practice of physician-assisted suicide by either that name, simply “suicide”, or euthanasia. Advocates of physician-assisted suicide term the procedure as physician-assisted death, physician aid in dying, or “death with dignity.” This Note will use the term “physician-assisted suicide”, as that seems to be the most neutral way to term the practice. In order to make sure that the …

Beyond Administrative Tunnel Vision: Widening The Lens Of Costs And Benefits, Govind Persad

Sturm College of Law: Faculty Scholarship

Choices in one sector or department of public policy, such as health, frequently produce costs and benefits in other sectors, such as education or the environment. In this article, I argue that administrators should not make decisions in ways that ignore effects on other policy sectors, and arguablythough more debatably-should not give special priority to the interests of their own sector In Part I, I review contexts where administrators are directed to ignore or give a lower priority to effects on other policy sectors. In Part II, I lay out an argument that agencies should not ignore these effects (using …

Healthy Zoning, Matthew J. Parlow

Fordham Urban Law Journal

No abstract provided.

The Continuum Of State Sovereignty: A Commentary On African Elections, K.C. O’Rourke

University of Baltimore Journal of International Law

Twenty-six African States hold elections between 2016 and 2017. More basic than campaign rhetoric and ethnocentric political jockeying, the state in Africa is ripe for a deeper engagement with notions of state sovereignty that are more relevant for this century as the African state seeks to exercise its core functions, protect its interests within its own geographic boundaries, and care for all of the people it seeks to govern. The intentional structuring of such a dialogue must be guided to secure the cornerstones of individual liberty and participatory democracy – two basic protective functions that uniquely belong to the nation-state. …

Help Save The Seeds: A Call To Action For Local Governments To Introduce Legislation To Protect Community Seed Sharing, Libraries And Exchanges, Jordyn Ashley Bishop

UC Law Science and Technology Journal

No abstract provided.

Assessing The Relative Influence And Efficacy Of Public And Private Food Safety Regulation Regimes: Comparing Codex And Global Gap Standards, Sam F. Halabi, Ching-Fu Lin

Faculty Publications

An extensive global system of private food regulation is under construction, one that exceeds conventional regulation, thought of as being driven by public authorities like FDA and USDA in the U.S. or the Food Standards Agency in the UK. Agrifood and grocer organizations, in concert with some farming groups, have been the primary designers of this new food regulatory regime. These groups have established alliances that compete with national regulators in complex ways. This article analyzes the relationship between public and private sources of food safety regulation by examining standards adopted by the Codex Alimentarius Commission, a food safety organization …

Holier Than You And Me: 'Religious Liberty' Is The New Bully Pulpit And Its Meaning Is Endangering Our Way Of Life, Marsha B. Freeman

Faculty Scholarship

No abstract provided.

Procedural Due Process And Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act, Thaddeus Pope

Faculty Scholarship

Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (TADA).

In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive, life-and-death conflicts. But TADA is …

Water Wars: Privatization, Pollution And Profit, Michael Larrick

Water Law Review

No abstract provided.

Farming And Eating, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

This essay argues that the “us versus them” rhetoric that dominates food and agriculture policy today drives a wedge between farmers and food consumers. Together, farmers and food consumers could form a powerful coalition to challenge the true obstacle to sustainable and equitable food production: concentration of market and political power elsewhere along the food chain.

Teaching Health Law From A Social-Ecological Perspective, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

I started teaching health law relatively recently-in the fall of 2010, just after the Affordable Care Act ("ACA") was enacted, but before much of it had been implemented. This timing has been a blessing because I started with a fresh slate rather than adding the ACA on top of a previously developed course. It has also been a curse, but ultimately I appreciate that I started teaching the course at a time when the ACA was under constant threat. The ever-evolving nature of health law means that health law teachers must always bear in mind a goal that applies to …

The Gmo/Ge Debate, Joanna K. Sax

Faculty Scholarship

The scientific community and the public sphere are having different debates about the application of genetic engineering to improve our food supply. Many that are deeply steeped in the science view genetically engineered food as a more precise way to accomplish what we have been doing for centuries, which is genetically modifying our food supply. Some members of the public view genetically engineered food with skepticism especially as it relates to health, safety and the environment. A disconnect between the scientific consensus and public perception is not a new phenomenon. This Article attempts to bridge this gap by explaining what …

Biotechnology And Consumer Decision-Making, Joanna K. Sax

Faculty Scholarship

Society is facing major challenges in climate change, health care and overall quality of life. Scientific advances to address these areas continue to grow, with overwhelming evidence that the application of highly tested forms of biotechnology is safe and effective. Despite scientific consensus in these areas, consumers appear reluctant to support their use. Research that helps to understand consumer decision-making and the public’s resistance to biotechnologies such as vaccines, fluoridated water programs and genetically engineered food, will provide great social value. This article is forward-thinking in that it suggests that important research in behavioral decision-making, specifically affect and ambiguity, can …

Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff

Brooklyn Law Review

This note contributes to the growing national consensus about the need to reduce the population of low-income defendants who are detained pretrial due to their inability to afford bail. It documents the efforts undertaken by certain state actors to mitigate the harmful consequences of wealth-based pretrial systems and critiques the so-called alternatives to cash bail—namely, supervised release programs. This note suggests that lawmakers eliminate the role of finances and incarceration in pretrial procedure altogether and recommends an approach to criminal procedure that is based not only on heuristic methods of measuring cost and benefit but also normative principles of good …

Strategic Plan Progress And Outcomes (2017), New York Law School

Strategic Plan and Initiatives

No abstract provided.

Laudato Si’ And The Tragedy Of The “Throwaway Culture.”, Lucia A. Silecchia

Scholarly Articles

Throughout Laudato Si’, Pope Francis decries what he calls the “throwaway culture.” At first blush, given the over-arching ecological theme of Laudato Si, this may seem to be solely a critique of wasteful consumerism. However, it is far more than that. It is a critique of a mindset and world view that discards people, promises, values and community bonds when they seem to lack immediately obvious or quantifiable value in the eyes of the world. Although this is a profoundly personal moral critique, it also provides a lens through which all laws and public policies might be viewed. Laudato Si’ …

Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor

Faculty Publications By Year

No abstract provided.

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

The Role Of Social Enterprise And Hybrid Organizations, Ofer Eldar

Faculty Scholarship

Recent years have brought remarkable growth in hybrid organizations that combine profit-seeking and social missions. Despite popular enthusiasm for such organizations, legal reforms to facilitate their formation and growth—particularly, legal forms for hybrid firms—have largely been ineffective. This shortcoming stems in large part from the lack of a theory that identifies the structural and functional elements that make some types of hybrid organizations more effective than others. In pursuit of such a theory, this Article focuses on a large class of hybrid organizations that has been effective in addressing development problems, such as increasing access to capital and improving employment …

Medical Futility And Religious Free Exercise, Teneille R. Brown

Utah Law Faculty Scholarship

A tragic scenario has become all too common in hospitals across the United States. Dying patients pray for medical miracles when their physicians think that continuing treatment would render no meaningful benefit. This situation is unfortunately referred to as “medical futility.” In these cases, physicians, who are less likely than their patients to rely on God as a means of coping with major illness, are at an impasse. Their patients request everything be done so that they can have more time for God to intervene, but in the physician’s professional experience, everything will probably do nothing. What is the physician …