Law Commons^™

Out Of State, Out Of Mind: Legal Impact Of Out-Of-State Placement On Foster Youth, Lucy J. Johnston-Walsh

University of Pennsylvania Journal of Law and Public Affairs

The child welfare system, which has also been referred to as the family regulation system, was ostensibly created to protect children who are victims of abuse and neglect. When children are at risk of harm, courts can authorize governmental agencies to remove children from their families and place children in the custody of kin or a variety of other placement settings, including congregate care. Data shows alarming racial disproportionality in that 53% of Black families will be investigated for child abuse, and furthermore, Black children are more likely to be removed from their families than white children. Recent changes to …

Preface, Tess Markovich, Margaret Cohen

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Temporary Protection In The United States And The European Union: Same Words, Vastly Different Meanings, Maryellen Fullerton

University of Pennsylvania Journal of Law and Public Affairs

This Article examines the history and political context of temporary protection in the United States and the European Union, compares and contrasts key components of the different legislative frameworks, and assesses the effectiveness of the temporary protection programs. These programs typically provide an avenue of humanitarian relief to noncitizens by authorizing lawful residence for a time-limited period. When the Russian military invasion of Ukraine in 2022 forced a large portion of the population to flee in search of safety, countries neighboring Ukraine welcomed millions displaced by the attacks, as did countries around the globe. For the first time, the European …

Challenging Gendered Islamophobia: Empowering Muslim Women Through Cedaw General Recommendation 40 On Leadership, Sarah Kawamleh

University of Pennsylvania Journal of Law and Public Affairs

This Comment examines the intersection of gendered Islamophobia and the empowerment of Muslim women through the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) General Recommendation 40 on leadership. It begins by addressing the limited understanding regarding Muslim women's experiences within international human rights law frameworks. Through in-depth case studies and analysis, the Comment explores how CEDAW can be utilized to empower Muslim women and combat gendered Islamophobia. It highlights the challenges faced by Muslim women in accessing leadership positions, a struggle that is especially evident in certain countries like France, while also critiquing the limitations …

Obstetric Violence And Forced Sterilization: Conceptualizing Gender-Based Institutional Violence, Rangita De Silva De Alwis

University of Pennsylvania Journal of Law and Public Affairs

The twenty-first century continues to witness gynecological abuse in the form of forced sterilizations of minority women. In many parts of the world, states weaponize family planning programs as a form of reproductive policy against poor women and women of color, treating women’s fertility as a drain on the state's resources. The first part of this Article discusses how legal systems around the world do little to provide redress for women who are coerced to undergo certain medical procedures during, before, and after childbirth, and give little consideration to their right to bodily autonomy. The second part of the Article …

The Conservative Case For Esg, Richard Painter

University of Pennsylvania Journal of Law and Public Affairs

There is a growing consensus across the political spectrum that corporations should not just make money for shareholders but also advance the public good. Conservatives and liberals often disagree about what the public good is, or what the priorities of corporate governance should be, but both sides are discontent with corporations focusing only on profits.

This Article discusses reasons why political conservatives should support efforts to include environmental, social and governance (ESG) factors in corporate governance. Conservatives do not embrace contemporary ESG rhetoric which they associate with liberal social and economic viewpoints, but conservatives nonetheless oppose corporations maximizing profits at …

Leveraging The Medicaid Expansion, David Hyman, Charles Silver

University of Pennsylvania Journal of Law and Public Affairs

In response to provisions in the Patient Protection and Affordable Care Act (PPACA), 40 states and the District of Columbia expanded their Medicaid programs, resulting in roughly 20 million Americans gaining state-run (but mostly federally funded) health insurance. Despite these coverage gains, 27 million Americans (8.3%) still do not have health insurance. To address this problem, the obvious targets of opportunity are the 10 states (Alabama, Florida, Georgia, Kansas, Mississippi, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming) that have refused to expand their Medicaid programs. The hold-out states have specific fiscal challenges, constraints, and governance cultures that any reform proposal …

To Block Or Not To Block: The State Action Problem With Government Social Media, Jared Silberglied

University of Pennsylvania Journal of Law and Public Affairs

Social media has provided an unprecedented level of constituent access to their government representatives. While this comes with many benefits to both constituents and representatives, there are many drawbacks to it as well. There are times when comments from a particularly angry or annoying constituent may tempt a government official to hit the block button. But such action has obvious First Amendment implications. At the same time, officials are still private individuals who have their own private right and ability to speak on government matters without implicating state action. The Supreme Court has accepted certiorari in two cases to resolve …

Can Litigation Analytics Tell Us What Became Of The 2015 Proportionality Amendments To The Federal Rules Of Civil Procedure, Patricia W. Moore

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Red Codes, Blue Codes? Factors Influencing The Formulation Of Criminal Law Rules, Paul H. Robinson, Hugh Rennie, Clever Earth

University of Pennsylvania Journal of Law and Public Affairs

The U.S. appears to be increasingly politically divided between “red states” and “blue states,” to the point that many public voices on both sides are urging that the country seriously consider separating along a red-blue divide. A range of stark public disagreements over criminal law issues have fed the secession movement. Consider obvious examples such as abortion, decriminalization of marijuana, “stand your ground” statutes, the death penalty, and concealed weapon carry laws. Are red and blue values so fundamentally different that we ought to recognize a reality in which there exists red codes and blue codes?

To answer that question, …

Volume 9 Masthead

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Major Climate Policy Enactments Increase The Urgency Of Managing Climate-Related Risk At Banks, David Arkush, Sarah Bloom Raskin, Yevgeny Shrago

University of Pennsylvania Journal of Law and Public Affairs

In late 2022, Congress and the state of California enacted a set of sweeping policies expected to hasten the shift to clean energy dramatically in the coming years. These policies will reduce long-term physical risk to banks and the financial system from climate change. At the same time, they may dramatically increase nearer-term risks to banks that are underprepared for the economic transition to clean energy. This Essay sketches the likely implications of these new policies for banks’ transition risk and recommends responses for bank regulators.

Seattle's Fair Chance Housing Law: The Ninth Circuit Strikes Down Limits On Tenant Criminal Record Screening, Thomas Stanley-Becker

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Suspension Of The Rules: Why Federal Courts Should Not Fear Adjudicating Cases Involving The Legislative Branch, Claire Smith

University of Pennsylvania Journal of Law and Public Affairs

Political questions in litigation abound, particularly as the Democratic and Republican parties grow further apart ideologically: Who will be the Speaker of the House, whether to impeach presidents or judges, and whether to expel Members of Congress accused of corruption. The Constitution sets up a separation of powers, where the legislative, executive, and judicial branches can check each other. However, there is a similar doctrine where courts refuse to hear a case because the case presents a topic better left to the political branches: the political question doctrine.

The Supreme Court has not always been reticent to hear cases involving …

Ruckelshaus's Blind Spot: The Economics Of Participation, Wendy Wagner

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Convention On The Rights Of Persons With Disabilities: A Normative Tool For Dismantling Disability Stereotypes, Charlotte V. Mcclain-Nhlapo

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Appendix: Transcript Of "Informing The General Recommendation 41: Shaping A New Normative Framework In International Law"

University of Pennsylvania Journal of Law and Public Affairs

This is the transcript of a Zoom-hosted podcast panel discussion on April 19, 2024 to discuss the theoretical underpinnings of the upcoming General Recommendation 41 of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which deals with gender stereotypes in laws around the world. Moderating is Julian Lutz, Associate Editor for this Issue and Editor-in-Chief of Volume 9 of the University of Pennsylvania Journal of Law and Public Affairs.

Volume 8 Masthead

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Environmental Citizen: Participant And Problem, Monika U. Ehrman

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Environmental Democracy That Was, Then Wasn't, But Could Be Again, Daniel Walters

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Advancing Ruckelshaus's Citizen Engagement Framework, Sara R. Rinfret

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Public Participation And Environmental Regulation: Continuities, Changes, And Challenges, Cary Coglianese

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Citizen And The Energy Regulatory Process, Shelley Welton

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

"When I Grow Up, I Want To Be A Boy:" Addressing Gender-Stereotypes Against Girls Through The Convention On The Rights Of The Child, Benyam Dawit Mezmur

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Evaluating Regulatory Performance, Cary Coglianese

University of Pennsylvania Journal of Law and Public Affairs

This article presents a framework for systematically evaluating the performance of regulations and regulatory processes. Offering an accessible account of the fundamentals of evaluation, the article explains the need for indicators to measure relevant outcomes of concern and research designs to support inferences about the extent to which a regulation or regulatory process under evaluation has actually caused any change in measured outcomes. Indicators will depend on the specific problems of concern to policymakers as well as on data availability, but the best indicators will almost always be those that measure the ultimate problem the regulation or process was intended …

Beyond A "Bond-Aid" Approach: Building A Better Bond Law, Heather G. White

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Mind Games: How Robots Can Help Regulate Brain-Computer Interfaces, Elle Rothermich

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Breaking The Cycle Of Homelessness And Incarceration: Prisoner Reentry, Racial Justice, & Fair Chance Housing Policy, Tom Stanley-Becker

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

The Death Penalty In Dark Times: What Crises Do (Or Do Not Do) To Capital Punishment, Austin Sarat, Ryan Kyle

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.

Other Than Honorable Discharges: Unfair And Unjust Life Sentences Of Decreased Earning Capacity, Jeremy R. Bedford

University of Pennsylvania Journal of Law and Public Affairs

No abstract provided.