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The unrelenting saga of family separation: What now?
No full textBeginning in April, the Trump administration imposed a “zero-tolerance” policy aimed at deterring predominantly Central American families seeking safety and refuge at the southern U.S. border. The government’s “zero-tolerance” policy took as its mandate the decision to criminally prosecute every unauthorized entrant into the United States — an unprecedented exercise of law enforcement authority. Dubiously, the government claimed that a necessary and natural byproduct of this criminal prosecution was the separation of immigrant children from their parents
Sessions’s immigration orders threaten judicial independence
No full textAn executive memo just released by Attorney General Jeff Sessions promises to reduce the crushing caseload in immigration courts nationwide. Unfortunately, the memo contains dubious assertions about the current state of our immigration court system and appears poised to lead to improper hiring, dangerous quotas, a threat to judicial independence and the further erosion of the rights of noncitizens, including lawful permanent residents and asylum seekers
ADR and Access to Justice: Current Perspectives
Get PDFAccess to justice is a broad topic, and we cannot cover everything. You will notice a few major omissions. Most notably, we are not going to emphasize consumer pre-dispute arbitration agreements. This is not because they are not important, but because much has been written and said on this topic, and it could easily swallow the whole discussion. Also, we are probably not going to say very much about restorative justice, and I am sure you will notice some other holes. We invite you to raise missing issues in your comments.
Let me start with a few opening remarks. We are building upon earlier panels on access to justice at this meeting. At the ones I attended, I have heard two different themes. One is about the availability of lawyers and the value of legal representation, emphasizing that having a lawyer is a key aspect of access to justice. Another theme asks whether the legal system is providing justice aside from the question of adequate representation in individual cases. This critique emphasizes the extent to which the litigation system is stacked, and ways in which laws fail to recognize the individual realities of the disadvantaged. Both these themes are highly relevant to the role of dispute resolution in access to justice.
Those of you who were at the plenary program this morning on Access to Justice heard a question from the audience specifically about ADR, with reference to the role of mediation. In response, Martha Minow opined that mediation is part of the solution, but also troubling. She labeled mediation asa frenemy 2 of access to justice. So, we will try to build on some of these themes.
Our field has a long history of debate on the relationship between dispute resolution and access to justice. There is a rich literature that critiques mediation as impeding the access of disadvantaged groups to justice and often this literature emphasizes the importance of enforcing legal rights. There is also a counterpoint in the literature that values voice and autonomy in the disputing process. It places an emphasis on procedural justice and remedies beyond those that are available in court. Our discussion is set in the context of this debate
Practice-Based Research Networks and the Mandate for Real-World Evidence
Get PDFThe 21st Century Cures Act encourages the Food and Drug Administration to consider “real-world evidence” in its regulation of the safety and efficacy of drugs and devices. Many have interpreted this mandate to focus on non-randomized observational research. However, we suggest that regulatory science must also move from rarefied academic hospitals to community-based settings, where the vast majority of patients in fact receive care in the fragmented U.S. healthcare system. This move is especially important if innovations are to reach, and be validated in, more diverse populations. A solution can be found in the 183 Practiced-Based Research Networks (“PBRN”), i.e., groups of primary care clinicians and practices in all 50 states working to improve clinical care and translate research findings into practice. This symposium contribution seeks to (1) describe some of the common shortcomings of clinical trials, (2) explore the opportunities and challenges posed by use of real-world evidence as a basis for drug and device regulation, (3) briefly describe the history and evolution of PBRNs, and (4) articulate the challenges and opportunities for using PBRNs to fulfill the 21st Century Cures Act mandate for real-world evidence
A Great Episode in the History of Jewish Womanhood : Golda Meir, the Women Workers\u27 Council, Pioneer Women, and the Struggle for Gender Equality
No full textThe establishment of the American Pioneer Women Organization revealed two patterns typical of the Labor Movement in the Yishuv: women’s struggle to break the patriarchal chains that kept them subordinated to men and the centrality of American funding for the socialist project of Zionist nation building. In Palestine, the Women Worker’s Council (Council) (Moetzet Hapoalot), while founded at the same time as the Histadrut (Federation of Labor), encountered considerable obstacles in its quest to implement gender equality. The founding mothers of the Council were convinced that consciousness raising, as well as meeting the special needs of the woman worker, necessitated a special gender-based organization. The founding fathers of socialist Zionism were not responsive. They believed that formal equality would resolve the gender problem. Thus, funds required by the Council to pursue the various projects aimed at training women workers and building their self-confidence as they joined the labor market, were largely denied by the patriarchal leadership. Council members had no choice but to turn to fundraising in the US and the Pioneer Women Organization was born. Golda Meir (then Myerson) was not a passionate supporter of a separate organization for women. She was indeed a member of the Council’s secretariat in the late 1920s but it appears that by and large she shared the world view of the Histadrut male leadership. The article begins by contrasting Golda Meir with Rachel Yanait Ben-Zvi, a Council founder, and then tracks Golda’s transformation, following her mission to the US as an emissary of Pioneer Women. Through an analysis of Golda’s article published in the newspaper Davar it analyzes the process by which she came to recognize the just claims of the women’s movement and the wisdom inherent in its policy. However, while converting, Golda did not become a feminist activist. The article reviews the reasons why Golda chose to remain loyal to the patriarchy, a choice that facilitated her rise to power in the Yishuv and then in Israeli politics. The article is based on a chapter of a forthcoming biography of Golda Meir, Through the Gender Lens
Response to Bruce Frohnen’s review of \u3cem\u3eFidelity to our Imperfect Constitution: For Moral Readings and Against Originalisms\u3c/em\u3e
Get PDFIt is a privilege to participate in this exchange with Bruce Frohnen concerning our books. In my Fidelity to Our Imperfect Constitution, I observe that in recent years, many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. I reject all forms of originalism and defend a moral reading of the United States Constitution. Such a conception views the Constitution as embodying abstract moral and political principles, not codifying concrete historical rules or practices. It sees interpretation of those principles as requiring normative judgments about how they are best understood, not merely historical research to discover relatively specific original meanings. I argue that fidelity in interpreting the Constitution requires a moral reading. Fidelity commits us to honoring the aspirational principles embodied in our constitutional text and practice, not merely following the relatively specific original meanings of the Founders. Only a moral reading that aspires to interpret our imperfect Constitution so as to make it the best it can be gives us hope of interpreting it in a manner that may deserve our fidelity
Who\u27s Left Out of Big Data? How Big Data Collection, Analysis, and Use Neglect Populations Most in Need of Medical and Public Health Research and Interventions
No full textScholars and commentators, including many of those found in this book, have expressed concern that Big Data may be getting too big because too much of our lives is being tracked, captured, and analyzed, sometimes without our knowledge or permission. Here we express a different concern: in one important way, Big Data is not big enough
Health Care Federalism and Next Steps in Health Reform
No full textThe next steps in health reform, like all such efforts before it, will have to engage the issue of American health care federalism – the relationship between the federal and state governments in the realm of health law and policy. Since its enactment in 2010, the Patient Protection and Affordable Care Act (ACA) has offered a robust example of modern federalism and revealed new complexities. This article recounts the findings of our five-year study of the federalist and nationalist features of ACA implementation. Contrary to the claims of ACA opponents that the law marked a federal “takeover,” the ACA\u27s governance structures have advanced rather than suppressed state power. But we also found that the advances in state power occurred seemingly independently of the statute\u27s structural arrangements; that is, the ACA\u27s nationalist and federalist features both enhanced state power over health policy. These findings raise questions about whether cherished American federalism values are unique to federalist structures; they also raise the question of what exactly health care federalism is for, and why we continue to design health policy with federalism front and center. It is not clear that enhanced state power has brought better health policy. If it has not, is federalism for its own sake worth the trade-off
Deference and Deferral: Constitutional Structure and the Durability of Gender-Based Nationality Laws
No full textWith the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law\u27s structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains. Outlines the common and distinct challenges and issues across various fields Provides those working with gender-sensitive laws and gender-neutral laws with an assessment of the various ways in which public law interacts with gender, by intent or outcome Local and global perspectives uncover the obstacles facing gender equality, equity and parity, and show how traditional agendas of feminist theory now translate in a global legal fram
A conversation with Professor William W. (Rusty) Park
Get PDFABBY COHEN SMUTNY*: The ITA’s Academic Council has an interesting and very useful project, which is called Preserving Perspectives. It is a project to interview leading arbitrators regarding the development and evolution of international arbitration. This has led to a series of wonderful videos that are posted on ITA’s website. These videos are a tremendously rich resource and I encourage you to check them out on ITA’s website.
I’m now delighted to introduce to you the next interview in this important series. Professor and member of our academic council Catherine Rogers will be interviewing Professor Rusty Park, and allow me to introduce both of them to you briefly