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Pray The Gay Away: Conversion Therapy, Suicide, Religion, And The First Amendment, Eric Cody Bass Aug 2021

Pray The Gay Away: Conversion Therapy, Suicide, Religion, And The First Amendment, Eric Cody Bass

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

In the United States, gay conversion therapy (GCT) has not been banned nationally, although twenty states have issued laws banning therapists from practicing it. While the Supreme Court has refused to hear several cases involving challenges to laws banning GCT, recently the Eleventh Circuit Court of Appeals found a local law banning the practice as an unconstitutional regulation on the First Amendment right of speech. This ruling disappointingly confuses ideas of First Amendment protections with what amounts to psychological torture of our youth. It must be noted that while bans on GCT have been successfully upheld as constitutional in other ...


Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris Jul 2021

Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning ...


Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd Apr 2021

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United ...


The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young Apr 2021

The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young

Boston College Law School Faculty Papers

An inseparable component of liberal constitutionalism is the respect accorded to so-called negative rights, which rest on duties of government restraint. But just as governments must have their hands tied, in this model, they must also work to secure rights, by actively and effectively planning, regulating, budgeting, and monitoring. These positive duties are particularly pronounced for so-called positive rights, which guarantee access to goods, services and opportunities such as social security, education, health care, land, food, water, sanitation, or to a clean environment. Of course, it is clear that so-called negative rights require both duties of commission and restraint; just ...


More Than A Hashtag: Why We Need To #Protectblackwomen In Real Life, Golden Gate University School Of Law Mar 2021

More Than A Hashtag: Why We Need To #Protectblackwomen In Real Life, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

This piece will address the ways in which Black women continue to be disrespected, unprotected, and neglected, both publicly—as a result of systemic racism and police brutality—as well as privately—as a result of the legal system’s failure to appropriately address domestic violence committed against them.


Why We Should Provide More Support For Women Of Color In Academia, Silvia Chairez-Perez Mar 2021

Why We Should Provide More Support For Women Of Color In Academia, Silvia Chairez-Perez

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

My experience as a woman of color in higher education is not unique. In this piece, I will share my own story and discuss challenges women of color face to succeed in academia and how their absence in these spaces negatively affects the success of female students of color. Additionally, I will describe methods institutions of higher learning can implement to hire more women of color and how having women of color teachers has impacted my educational journey.


What “Good” Has Come From The “Good Faith” Exception?, Yasamin Elahi-Shirazi Mar 2021

What “Good” Has Come From The “Good Faith” Exception?, Yasamin Elahi-Shirazi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

The FourthAmendment protects the right of the people—us—against unreasonable searches, seizures, and warrantless conduct by government actors—police officers. The Supreme Court has added safeguards to this amendment, with the seminal cases of U.S. v. Weeks and Mapp v. Ohio. The Court created the exclusionary rule, which excludes evidence obtained in violation of the Fourth Amendment from criminal trials. Initially designed as a multifaceted legal mechanism to uphold judicial integrity, deter police misconduct, and serve as a remedy for those who are victims of constitutional violations. The deterrent value was meant to help protect the public ...


The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier Mar 2021

The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier

Articles

Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings ...


The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds Mar 2021

The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds

Articles

Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction ...


Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd Feb 2021

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.


Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez Jan 2021

Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Welcome! Thank you for visiting Golden Gate University’s Journal of Race, Gender, Sexuality, and Social Justice website. The Journal strives to provide race, gender, sexuality, and social justice practitioners, students, judges, and academics a platform to share their thought leadership via a born-digital format. We endeavor to publish legal scholarship of the highest quality.


Interim Law Dean’S Welcome Message, Eric C. Christiansen Jan 2021

Interim Law Dean’S Welcome Message, Eric C. Christiansen

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Welcome to the inaugural issue of the Golden Gate University Race, Gender, Sexuality, & Social Justice Law Journal. There has never been a more appropriate or important time to inaugurate a journal dedicated to the law’s capacity to advance social justice than right now. And there is no better institution to inaugurate this new journal than Golden Gate University School of Law. Thank you to all our readers—now and in the years to come—who will help us move the values, principles, and ideas in this journal into communities and courtrooms in pursuit of equality and true justice.


Founding Journal Advisor’S Welcome Message, Jyoti Nanda Jan 2021

Founding Journal Advisor’S Welcome Message, Jyoti Nanda

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

IMPORT OF THE RACE, GENDER, SEXUALITY, & SOCIAL JUSTICE LAW JOURNAL IN 2021

The launch of the Race, Gender, Sexuality and Social Justice Law Journal is no small feat and I applaud our student leaders for their fortitude in the middle of a year unlike any other. In 2020, our country underwent a national reckoning on race trigged by the unlawful death by police of several unarmed African American women and men while grappling with a global pandemic that halted life as we knew it. Our GGU law students, like all students everywhere, persevered – shifting to remote learning and remaining focused ...


Founding Managing Editor’S Welcome Message, Tiffany Avila Jan 2021

Founding Managing Editor’S Welcome Message, Tiffany Avila

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

It is with great privilege and honor to introduce you to the GGU Gender, Race, Sexuality, and Social Justice Law Journal. This project started when my colleague, dearest friend and founding Editor-in-Chief, Silvia Chairez-Perez, approached me during our internship with the California Supreme Court Capital Central Staff. We were discussing how far we have come with the resources presented to us, and our motivation to provide a better pathway to underrepresented law students.


Negative Freedom In Crisis Times, Leslie Francis Jan 2021

Negative Freedom In Crisis Times, Leslie Francis

Utah Law Faculty Scholarship

Contemporary U.S. jurisprudence thus treats public health orders requiring masks or limiting attendance at religious services as conflicts between individual freedoms and the public safety. Courts have left unquestioned the scope of individual liberties. Choices about whether to cover one’s face or attend religious services are not, however, fully analogous to protections from physical injury by others. Instead, they are choices that may result in risks to others. It is thus at least open to question whether they are within the scope of protected individual liberties in the first place. The scope of personal liberty—whether liberty is ...


Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley Jan 2021

Covid-19 And The Caregiving Crisis: The Rights Of Our Nation's Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley

Faculty Scholarship

In March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children ...


The Irony Of Health Care’S Public Option, Allison K. Hoffman Jan 2021

The Irony Of Health Care’S Public Option, Allison K. Hoffman

Faculty Scholarship at Penn Law

The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.

Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act ...


Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani Jan 2021

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Faculty Scholarship at Penn Law

This essay reviews Nate Holdren's Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. Injury Impoverished illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.


Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney Jan 2021

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney

Articles

In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena – tax exemption. I argue that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision making is the most fundamental value of political justice ...


Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley Jan 2021

Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley

Articles

The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.

Black and disabled people are disproportionately represented ...


“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank Jan 2021

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

Faculty Publications of the Center on Children, Families, and the Law

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors ...


The Idea Of A Human Rights-Based Economic Recovery After Covid-19, Katharine G. Young Nov 2020

The Idea Of A Human Rights-Based Economic Recovery After Covid-19, Katharine G. Young

Boston College Law School Faculty Papers

The COVID-19 pandemic has produced a health and economic crisis of unprecedented scope. As economists and policymakers turn to the task of recovery, protecting human rights remains intrinsically important, both morally and legally. It is also instrumental to the ends of public health and economic resilience. This Article argues that the human rights to life, health, education, social security, housing, food, water and sanitation – the so-called economic and social rights – are as essential as civil and political protections. Moreover, rather than simply ameliorate the inevitable indignities and material deprivations caused by the COVID-19 pandemic, the implementation of duties to respect ...


Striving For The Mountaintop: The Elimination Of Health Disparities In A Time Of Retrenchment (1968-2018), Gwendolyn R. Majette Oct 2020

Striving For The Mountaintop: The Elimination Of Health Disparities In A Time Of Retrenchment (1968-2018), Gwendolyn R. Majette

Law Faculty Articles and Essays

Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts-lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of Reverend Martin Luther King, Jr. in 1968. The Article builds upon my earlier scholarship and considers the effectiveness of the "PPACA Framework to Eliminate Health Disparities" since the Patient Protection and Affordable Care Act (PPACA) was enacted in 2010.

The Article also explores the impact ...


Long-Term Care Policy After Covid-19 — Solving The Nursing Home Crisis, Rachel M. Werner, Allison K. Hoffman, Norma B. Coe May 2020

Long-Term Care Policy After Covid-19 — Solving The Nursing Home Crisis, Rachel M. Werner, Allison K. Hoffman, Norma B. Coe

Faculty Scholarship at Penn Law

Nursing homes have been caught in the crosshairs of the coronavirus pandemic. As of early May 2020, Covid-19 had claimed the lives of more than 28,000 nursing home residents and staff in the United States. But U.S. nursing homes were unstable even before Covid-19 hit. The tragedy unfolding in nursing homes is the result of decades of neglect of long-term care policy.

Beyond the pandemic, we will have to transform the way we pay for and provide long-term care. First, Medicaid programs need to invest considerably more in care in all settings, including home-based settings as Medicaid shifts ...


Addressing Environmental Toxins That Affect Children Through A Children's Rights Framework: Tools To Help You Succeed, Jenifer Cartland Apr 2020

Addressing Environmental Toxins That Affect Children Through A Children's Rights Framework: Tools To Help You Succeed, Jenifer Cartland

Center for the Human Rights of Children

This toolkit was developed as part of Loyola University Chicago’s Advancing Healthy Homes and Healthy Communities Initiative (HHHCI). This initiative establishes an interdisciplinary university-community-public-private partner- ship to tackle the problem of environmental toxins in homes and communities through a range of activities. This approach integrates a unique set of strategies and tactics, including applied research, public education, organiz- ing, coalition building, legislative and policy advocacy, and policy implementation. HHHCI uses an integrative research and advocacy model to address the public health and hous- ing problems associated with environmental toxins. This approach integrates a unique set of strategies and tactics ...


Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet Apr 2020

Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Articles by Maurer Faculty

The coronavirus pandemic upturned Americans' lives. Within the first few weeks, millions of Americans reported being laid off from their jobs. Other people were working reduced hours or were working remotely from home. Children's daycares and schools closed, and parents were thrown into new roles as educators and full-time babysitters, while, in some instances, also continuing to work full-time jobs. The profound financial effects caused by even a few weeks of the coronavirus' upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses.

For individuals, the CARES Act includes five provisions ...


From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell Apr 2020

From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article examines how we can overlay the principle of serving the common good, which undergirds public health law, onto financial well-being. It suggests that we apply public health law principles to corporate law and culture. In matters of public health, we view quite broadly states' police power to protect the public good. Government is also empowered to protect the general welfare in matters of financial well-being. Using the “general welfare” as a guidepost, this Article challenges the conventional wisdom that corporations exist solely to maximize profit and shareholder value to the exclusion of virtually everything else. It proposes two ...


States’ Evolving Role In The Supplemental Nutritional Assistance Program, David A. Super Mar 2020

States’ Evolving Role In The Supplemental Nutritional Assistance Program, David A. Super

Georgetown Law Faculty Publications and Other Works

States have always been crucial to the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). Even though the federal government has paid virtually all the program’s benefit costs, state administration has always been indispensable for several reasons. State and local governments pay their staff considerably less than the federal government, making state administration less expensive. States already administer other important antipoverty programs, notably family cash assistance and Medicaid, allowing them to coordinate the programs and minimize repetitive activities. And states have somewhat lower, and less polarizing, political footprints than does the federal government, moderating criticism of the program. In ...


Conclusion: A Way Forward, Peter B. Edelman Mar 2020

Conclusion: A Way Forward, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

Where do we go next? I have three suggestions. One is to enlarge the frame of our work on poverty and race, including a focus on the ever-widening chasm of inequality, and all of it pressing toward the center stage of national attention. A second is to consolidate our work about income, jobs, and cash assistance into a unified frame, which I call a three-legged stool. And the third is to think from a perspective of place, and what that tells us about our antipoverty work.

We need a banner, a message, a theme, a politics for ending poverty. The ...


Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson Mar 2020

Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson

Faculty Publications of the Center on Children, Families, and the Law

Background: This evaluation examined the use of the Facilitated Attuned Interaction (FAN) approach to reflective practice among child welfare and early childhood professionals working with vulnerable children and families.

Objective: The aims of the current evaluation were to test (a) the role of vicarious trauma in predicting professional burnout, (b) the effect of reflective practice quality in decreasing professional burnout, and (c) the ability of reflective practice quality to lessen the relationship between vicarious trauma and professional burnout.

Participants and Setting: The sample included sixty-three professionals across diverse professions including child welfare social workers, early childhood educators, and child welfare ...