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Panelist, National Bar Association, Understanding the Nexus Between Tax and Race
No full textResearch has shown that tax policies at all levels of government can have different effects on taxpayers of different races and ethnicities. This can impact their ability to build wealth and pass it on to future generations
Accommodation Discrimination
Get PDFReasonable accommodations should be tools of equality yet can feel more like punishment than remedy. To receive accommodations, people with disabilities must disclose intimate details about their health. The accommodation process that follows disclosure is arduous, dissuading many people with disabilities who need accommodations from requesting them.
Even if accommodations are granted, institutional enforcement is not guaranteed. Instead, the labor of implementing reasonable accommodations often falls to disabled people themselves. Accommodated people with disabilities also endure remarks about receiving “special” treatment for disabilities that are allegedly exaggerated or faked. Though people with disabilities may bring failure to accommodate claims when reasonable accommodations are denied, the law does not adequately protect them against the discrimination that occurs when accommodations are granted. This Article identifies experiences deeply familiar to people with disabilities to explore how rules intended to perpetuate equality foster discrimination. It focuses on reasonable accommodations in the workplace and higher education to highlight the mistreatment of accommodated people with disabilities
Regulating Organic
Get PDFEven highly regulated labels, such as the organic label, have the potential for greenwashing. As recently as January 2023, a grain seller was indicted in federal court for a $43 million scheme that involved the sale of non-organic grain as USDA-certified organic. But today’s organic market is also full of sellers who follow the current federal organic regulations but fail to demonstrate the spirit of the organic movement—forgoing soil, animal welfare, and community for profit. I call this nuanced form of greenwashing quasi-greenwashing. It arises when a business complies with a rule or standard but takes advantage of consumer misunderstanding or confusion about that rule.
Using the organic label as an example, this Article examines how quasi-greenwashing has become common as large corporations move into a market space that was once viewed as “alternative.” Because of their size and influence, these corporations can easily meet the federal organic standards but fail to address the non-market—and unregulated—aspects of organic farming, including its social and environmental benefits. Because these corporations do not run afoul of the law, the harms felt by traditional organic farmers, unsuspecting consumers, and the environment persist.
As this Article explains, existing methods for addressing greenwashing, such as regulatory enforcement by the Federal Trade Commission, will not cure growing quasi-greenwashing concerns, nor will they transform our food system into a sustainable one. Increased efforts to detect and eliminate fraud will simply protect what is already regulated—the organic market. Instead, to address quasi-greenwashing, policymakers and advocates must work to remove the disconnect between consumers’ values and producers’ practices. Whatever approach is taken to achieve greater symmetry, advocates, attorneys, and agencies should take note: a new, more subtle form of deception is afoot. Quasi-greenwashing will emerge across business sectors, not just organics, as the federal government, in coordination with big business, plays a larger role in regulating (and defining) sustainable practices
Freedom Not to See a Doctor: The Path Toward Over-The-Counter Abortion Pills
Get PDFAmerican courts and lawmakers are engaged in an epic struggle over the fate of abortion pills. While some anti-abortion activists are attempting to drive the pills off the market entirely, supporters of reproductive rights are striving to make them more easily accessible. This Article advances the latter mission with a bold proposal: FDA should consider allowing abortion pills to be sold over the counter (OTC). Abortion rights supporters argue that FDA should repeal the special distribution and use restrictions it unnecessarily imposes on mifepristone, one of two drugs in the medication abortion regimen. Even if FDA removed these restrictions, however, abortion pills would still be prescription medicines—a status that, in and of itself, hinders people’s access to drugs. This Article thus advocates going further by repealing the prescription requirement for abortion pills. To support this proposal, the Article analyzes the prescription-to-OTC switch process for drugs generally, explores how prescription status impedes access, and argues that FDA should give greater weight to the benefits of improved access when considering any OTC switch. The Article discusses recent promising instances of successful switches—including naloxone and birth control pills—in which FDA emphasized the access factor more than it traditionally has. Finally, the Article considers various intermediate approaches between prescription and OTC status and explains how federal and state regulators might use these approaches to improve access to abortion pills in the absence of a complete switch
The Ripple Effects of Dobbs on Health Care Beyond Wanted Abortion
Get PDFThe Supreme Court’s momentous decision in Dobbs v. Jackson Women’s Health Organization to overturn fifty years of precedent on the constitutional right to abortion represents a sea of change, not only in constitutional law, but also in the public health landscape. Although state laws on abortion are still evolving after Dobbs, the decision almost immediately wreaked havoc on the delivery of medical care for both patients seeking abortion care and those not actively seeking to terminate a pregnancy.
This Article also argues that focusing the public’s attention on the deleterious consequences of abortion bans for health care beyond wanted abortion care could help fend off further restrictions on abortion. Post-Dobbs, abortion policy is largely in the hands of voters, as state legislation and ballot initiatives now dictate the fate of abortion rights. Exposing Dobbs’s ripple effects on forms of health care that are less stigmatized than wanted abortion care could help educate the public on the links between abortion and a wide array of health care issues. Informing the public about the wide-ranging health care consequences of overturning Roe could help reframe abortion bans as government mandates that interfere with the physician–patient relationship and harm women’s health. Reframing abortion as a core health care concern for the public—as opposed to a debate about a constitutional right to privacy—is a potentially powerful strategy for resisting anti-abortion legislation post-Dobbs
Not So Juris-prudent: The Misguided Movement to Abandon Chevron Deference Through the Lens of Mifepristone and the Attacks on FDA Autonomy
Get PDFApproaches to Sea Level Rise: A Comparative View of Emerging Policy Responses by the African and the American Regions
Get PDFIt is a great privilege to be here with all of you tonight. Thank you very much to you, Professor Grossman, the moderator of this panel, and to all the organizers for inviting me to be part of this really important event. I hope this is the first of many such events concerning this really pressing issue for the international community: the issue of sea level rise which is already affecting peoples and States in many different regions of our world
The Gendered Face of Climate Change: Exploring the Impact of Climate Change on Gender-Based Violence and the Role of State and Non-State Actors in Effecting Climate Justice
Get PDFClimate change affects men and women differently. While some individual women may be less vulnerable to climate change than some men, the global perpetuation of discrimination, inequality, patriarchal structures, and systematic barriers contribute to an overall higher risk of women experiencing harmful effects of climate change. International human rights law prohibits discrimination on the basis of gender. However, in practice, systematic discrimination, harmful stereotypes, and social, economic and political barriers related to gender can lead to varied climate change impacts with respect to health, food security, livelihoods and human mobility, and more, which may significantly limit women’s and girls’ adaptive ability in the face of climate change. Such barriers include limited or inequitable access to financial assets and services, education, land, resources and decision-making processes, among many others. This reality is even starker for women and girls who face multiple and intersecting forms of discrimination; particularly those of lower socio-economic status, rural women and girls, and older women. As such, climate change perpetuates gender inequality. In turn, harmful gender stereotypes and entrenched forms of structural discrimination often significantly hinder women’s ability to meaningfully participate in climate action. Addressing climate change, including its gendered impacts, is therefore essential to the promotion and protection of the rights of women and girls
La Limitacion De Los Derechos Humanos En La Lucha Contra El Cambio Climatico: El Caso De Los Derechos Culturales De Las Porlaciones Indigenas Y La Energia Hidroelectrica De Embalse En America Latina
Get PDFEl cambio climático es el resultado de la emisión de gases de efecto invernadero (GEI) producto de actividades antropogénicas. Al ser el sector energético el mayor contribuyente de GEI a nivel mundial, los esfuerzos para mitigar el cambio climático deben comprender la transformación de la matriz energética, hoy basada prioritariamente en la combustión de hidrocarburos, a una que involucre una mayor participación de las energías renovables
Panelist, Governance - Who is really governing sport?
No full textThis year’s conference will be the 9th edition of what was formerly the ‘LawInSport Annual Conference’. The Global Summit builds on the success of the previous conferences, bringing together members of our community, and the wider sports industry, to participate in panel discussions, forums and networking.
The Global Summit introduces an exciting new format providing attendees with an enhanced experience, with more opportunities to learn and share relevant knowledge, and build meaningful relationships that will benefit them and their organisations