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Authors’ Response: An Enquiry Concerning Constitutional Understanding
Get PDFOne of Professor Lawson’s first students, alluding to a 1985 article with the provocative title “Why Professor [Marty] Redish Is Wrong about Abstention,” declared that his ambition was to inspire someone to write an article entitled “Why [the student] Is Wrong about XXX.” The student claimed that, regardless of what filled in the “XXX,” this event would be the pinnacle of academic accomplishment.
If that view is even close to the mark, then having an entire conference devoted to explaining why Professors Lawson and Seidman are wrong about the Constitution is an extraordinary honor. In all seriousness, we are genuinely flattered by the remarkable gathering convened at Georgetown University Law Center on April 20, 2018 to discuss our book, “A Great Power of Attorney”: Understanding the Fiduciary Constitution. We are profoundly grateful to the many participants at the conference, to the editors at the Georgetown Journal of Law and Public Policy, to Randy Barnett and the staff at the Georgetown Center for the Constitution, and, most of all, to Suzanna Sherry, Richard Primus, Ethan Leib, Jed Shugerman, and John Mikhail for taking the time and energy to engage with our work. We truly wish we could have accessed their comments before sending our book to print, and we are delighted and honored to respond in this forum to their comments and to those of some of the other conference discussants
Right of Repair in the Digital Economy
Get PDFWe have long understood that people have a right to repair what they own, but this right to repair is under siege. A new article by Leah Chan Grinvald and Ofer Tur-Sinai explains how IP rules are inhibiting these repair rights and why laws protecting the right to repair are necessary and justifiable. As I explain below, authors Grinvald and Tur-Sinai describe the growing right to repair movement pushing for legislation to protect the right to repair and show how intellectual property laws should facilitate not interfere with consumers rights to repair what they own. The authors also propose a theoretical framework through which they analyze the intellectual property doctrine as enabling rather than inhibiting of consumer rights.
Disproportionate Exposure to Antibiotics in Children at Risk for Invasive Pneumococcal Disease: Potential for Emerging Resistance and Opportunity for Antibiotic Stewardship
Get PDFWe compared antibiotic prescribing for children with and those without an underlying chronic condition associated with increased risk for invasive pneumococcal disease. Children with a chronic condition had significantly greater cumulative exposure to antibiotics and higher rates of prescriptions per person-year than those without a chronic condition; this population is at increased risk for the emergence of multidrug-resistant pathogens
American Constitutional Interpretation, 6th ed.
No full textThis text uses original essays, cases, and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How should they go about their interpretive tasks? The new edition has been updated to include important new cases decided through June 2018, including Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission and National Institute of Family and Life Advocates v. Becerra. To maintain brevity, the authors have removed a number of cases from the casebook and placed them on the accompanying website.https://scholarship.law.bu.edu/books/1152/thumbnail.jp
Deference and National Courts in the Age of Globalization: Learning, Applying, and Deferring to Foreign Law
No full textWhat do we mean for jurisdiction in contemporary, globalized, societies? How is this age-old notion changing? What are the new challenges facing us and the new waters that need to be explored? Thirty-four scholars from Italy, Europe and other legal cultures offer, in English and Italian, the updated and enrichened papers that were presented at the 24th biennial colloquium of the Italian Association of Comparative Law (AIDC). The contributions are all placed in a broad and comparative perspective, looking at the different existing models, at experiences of success and failure, at models that could--or cannot--be transplanted. Jurisdiction must be constantly measured through its relation with other constitutional powers, with the emergence of new conflicts and actors, with legal and political theory
Tensions and exclusions: the knotty policy encounter between sexual and reproductive health and rights and HIV
Get PDFThe International Conference on Population and Development or ICPD (Cairo, 1994) provided a global policy framework centred on reproductive rights instead of population control. Global standards on sexual and reproductive health and rights (SRHR) and on HIV rapidly expanded throughout the 1990s.1 Considerable activist mobilisation in both arenas advanced health issues as politically salient decision-making venues where human rights and health advocacy were urgently needed, rather than scientific and technical showcases.
The ICPD, quickly followed by the Fourth World Conference on Women (1995), stressed that reproductive rights are anchored in governments’ human rights obligations and development commitments, including to gender equality, health, bodily autonomy and the full spectrum of rights. The ICPD foregrounded individual rights that had been denied to women, whether in decision-making on if, when and with whom to have children, or accessing quality reproductive health services without violence, coercion or discrimination.
While the ICPD advanced an expansive understanding of sexual health and sexuality, and of HIV within a broad SRHR agenda, intergovernmental negotiations rejected an understanding of sexual rights per se, despite vociferous advocacy by many civil society groups engaging the process. In the face of difficult negotiations at the ICPD, compromise language of “sexual and reproductive health and reproductive rights” was finally agreed. Some of this has been ameliorated in later intergovernmental negotiations, although strong mobilisation of conservative forces has stymied these efforts. Still, SRHR actors continue to struggle with resistance to encompassing the full expression of gender and sexual diversity and integrating all key populations.
Policy and programming dialogues on HIV proceeded parallel to and sometimes intersecting with that of SRH. While the ICPD focused on SRHR, the Global Strategy Framework on HIV/AIDS2 advanced a human rights approach with a commitment to greater participation of people with AIDS. It also insisted on attention to those most at risk of contracting HIV. However, it failed to articulate the understanding of HIV as part of a broader SRHR agenda. As a result, critical SRHR issues have been left out of the HIV response, well-documented with regard to several issues such as the neglect of gender-based violence, abortion, and cervical cancer in the HIV response.3,4
Global HIV framworks, in contrast to the broad scope articulated in the ICPD process, have tended to advance a vertical appraoch. However, critics have called for a horizontal approach that:would attend to structural health inequity. These critics have further drawn attention to the need to strengthen health system, though this is emerging more recently as a global health priority.5,
How Xerox’s Intellectual Property Prevented Anyone From Copying Its Copiers
No full textThe story of the invention of the photocopy machine—or the “Xerox machine” as many call it—dramatizes both cherished and contested features of intellectual property. It dramatizes the myth of the lone inventor, here Chester Carlson, born poor and disadvantaged, who made his fortune from the invention but not before toiling in a patent office and in his own start-up for decades. But the development of the Xerox machine is also the story of collaboration and teamwork, which is essential to most innovation with social impact. The origin of the Xerox machine demonstrates how need, a passion for puzzles, and the creative spirit motivate everyday inventors. And its success in the marketplace implicates the role of business leverage and profit in productive creativity and innovation. The story is about rivals and claims of stealing ideas as well as about inevitable influence and borrowing, both which structure and inform incremental and ground-breaking invention. And if these tensions aren’t enough, the intellectual property that protected the Xerox machine forbids copying and yet the Xerox machine is used to make copies. While the Xerox machine is a tool for making exact copies, it often facilitates transformative creativity from innumerable writers, artists and musicians. The story of the Xerox machine is a microcosm of debates surrounding the proper purpose and scope of intellectual property and an object lesson in how irreconcilable dualities inform the everyday practice of intellectual property
Rural America\u27s Drinking Water Crisis
Get PDFWhile Flint, Michigan, rightfully captures headlines, another water crisis affecting millions of Americans continues to go largely unnoticed. All across rural America, small community water systems are failing to protect public health due to a perfect storm of forces. Poor regulation of agricultural waste and other pollutants, shrinking populations, and aging infrastructure all contribute to the increasing incidents of water quality violations dotting the rural landscape. There are nearly 60 thousand community water systems in the United States and 93 percent of them serve populations of fewer than 10,000 people—67 percent serve populations of fewer than 500 people. In 2015, 9 percent of all water systems had a documented violation of water quality standards, exposing 21 million people to unhealthy drinking water. These violations were more likely to occur in rural areas, where communities often have trouble finding the funds to maintain their systems
Americans Should Know More About The ‘March Of Return’
No full textWhile Israeli politics, including the recent election between Benjamin Netanyahu and Benny Gantz, was covered widely by the U.S. news media, another event central to peace and justice in the region was taking place a stone’s throw from Tel Aviv: the March of Return
Immigration Unilateralism and American Ethnonationalism
Get PDFThis paper arose from an invited symposium on Democracy in America: The Promise and the Perils, held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the 1960s. These efforts at demographic control are being pursued unilaterally, however, without sufficient evidence there is a broad and lasting desire on the part of the people to alter the fundamental values generated during that period. In order to withstand Trumpism’s challenges, we’ll have to better understand the Immigration and Naturalization Act’s origins as an integral component of the civil rights revolution. When we revisit this history, we learn that this settlement introduced three principles into the immigration context: equality, a presumption of cultural compatibility, and family integrity. These crucial principles must be made part of any judicial evaluation of a president’s policies — especially those conducted unilaterally