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The 100-Year Life and the New Family Law
Get PDFThis draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need for reform of current family law doctrine. The impact of longer life on doctrines regulating the relationship of parents and minor children is likely to be modest, but doctrinal and policy reforms will be needed to support individuals in following their preferences for intimacy and security in old age – as will reforms to the minimal role of the state in promoting security for individuals in different family forms and of differing socioeconomic status. We suggest general goals for law reform and offer specific proposals
Our Work in the World
Get PDFOur work is having a significant impact on the meaning of religious freedom and developments in the role of religion in public life. Read on to find out how we’re shaping the discourse around religious liberty
Columbia Law School\u27s ERA Project Files Amicus Brief with PA Supreme Court Explaining Why Banning Public Funding for Abortion Violates the State ERA
Get PDFOn October 13, 2021, the Equal Rights Amendment (ERA) Project at Columbia Law School submitted an amicus — or friend of the court — brief with the Pennsylvania Supreme Court explaining why a state ban on public funding for abortion is a form of sex discrimination, in violation of the state’s Equal Rights Amendment. In the brief filed in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, the ERA Project provided the Court with an overview of how the denial of reproductive health care in general, and access to abortion in particular, has been found by the United States Supreme Court, other state courts, and many prominent legal scholars, to amount to a form of sex-based discrimination
Forward Together: Building a Field that Works for Families
Get PDFThe coronavirus pandemic revealed the necessity, the complexity, and the tremendous value of building strong ties between schools and families. To ensure continuity of learning, schools were forced to rely heavily on families and caregivers to support learning in the home.
But the conversation around family engagement is not new. The value of family involvement in education has been clear for decades, with strong evidence establishing this engagement as a critical driver of student academic and socioemotional outcomes.
Building on this robust research base, the Carnegie Corporation of New York (CCNY) in 2016 began to explore a strategy of building the home-to-school connection. CCNY partnered with EY-Parthenon to study the role of philanthropy in bringing strong family engagement practices to schools and districts. EY-Parthenon found that funders actively supported family engagement, but the field lacked clear definitions of what constituted engagement and needed to create infrastructure to allow for shared learning and field building
The Climate Leadership and Community Protection Act’s Environmental Justice Promise
Get PDFIn 2019, New York State Governor Andrew Cuomo signed the Climate Leadership and Community Protection Act (“CLCPA”) into law. The CLCPA was passed with the objective of addressing climate change and minimizing the adverse impacts on the “economic well-being, public health, natural resources, and the environment of New York.” S. 6599, 2019-2020 Sen., Reg. Sess. § 1 (N.Y. 2019). The CLCPA seeks to meet these objectives by reducing statewide greenhouse gas emissions, scaling up renewable energy to avoid further climate change, and improving the resiliency of the state in order to address unavoidable climate change impacts. Id. The law created the Climate Action Council that is tasked with developing a scoping plan to meet the state’s greenhouse gas reduction targets. N.Y. ENVTL. CONSERV. LAW § 75-0103(1)
Migrants Can Make International Law
Get PDFMigrants have the power to make international law as norm creators. The nation-state enjoys a monopoly on violence in domestic jurisgenesis, but international law’s constraint on the use of force provides non-state actors the opportunity to participate in the formation of international legal doctrine without the threat of violence. Scholars have overlooked this nonstate jurisgenerative potential, bound by a state-centric conception of law. This Article applies the claim that non-state actors have the power to influence international law to the transnational issue of climate-induced migration. Climate change intensifies slow- and sudden-onset events, and sudden-onset disasters already displace millions annually. Yet international law grants nation-states the right to largely exclude foreigners such that climate migrants have no right to enter another country, resettle, or be protected against forcible return when they are displaced across borders. While liberal scholars defend this right to exclude as necessary for the preservation of sovereignty, the majority of nation-states participate in free movement agreements – regional trade agreements that promote migration—demonstrating that sovereignty and exclusion are not mutually constitutive.
Ultimately, I leverage the challenge of climate-induced migration to ask who has the power to change international law. My response proceeds in two parts. First, the Article challenges the state-centric focus of international law to call attention to non-state actors’ ability to create legal norms. Second, I draw on diasporic theory to argue that the Global South diaspora – Global Southerners living in the Global North – should leverage their hybrid positionality to create legal norms that reconstitute sovereignty through admission. International migration theorists reproduce the paradigmatic image of a Global North and Global South border contest, and foreclose the possibility of migrant’s jurisgenerative capacity. This Article intentionally shifts the frame to highlight the power that a territorially-unbounded Global South people have to shape international legal norms
Power Struggles – The Tyranny of Merit and the Degredation of Work: Comment on M. Sandel\u27s \u3cem\u3eThe Tyranny of Merit\u3c/em\u3e
Get PDFThe ideal of meritocracy is attractive: individuals obtain wealth, leadership roles, and social status based upon talent and hard work, rather than by virtue of their position in the aristocracy or their family connections. Sometimes framed as “equality of opportunity” or even “the American Dream,” meritocracy has for decades garnered widespread popular support in the United States, becoming more embedded over time. Yet, mounting empirical evidence from social scientists demonstrates that our country is not really a meritocracy. Some wield massive advantages from the beginning; others, no matter how talented and hardworking, have little hope of obtaining a coveted spot at an Ivy League institution or even a decently paying job
Investment Governance in Africa to Support Climate Resilience and Decarbonization
Get PDFAfrican nations have only marginally contributed to global warming relative to developed and emerging economies in the Americas, Asia, and Europe. However, the African continent will bear a disproportionate burden of the negative impacts of climate change. Climate-related challenges like flooding, drought, and intense heat waves will increasingly confront the continent at a worsening rate. African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts
In Memoriam: Emmanuel Gaillard
Get PDFIt is difficult to add meaningfully to all that has been said and written about the extraordinary Emmanuel Gaillard who left us far too soon. But I shall try.
Emmanuel has been described lately as a “titan” and a “giant.” Though he was those things, they fail to capture the humility and humanity that marked Emmanuel for the length of his career. Notwithstanding the monumental achievements he made, and the recognition he so richly deserved, Emmanuel remained throughout a modest, loyal and supportive member of the international arbitration community
Long Live the Common Law of Copyright!: \u3cem\u3eGeorgia v. Public.Resource.Org., Inc.\u3c/em\u3e and the Debate over Judicial Role in Copyright
Get PDFIn Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth-century copyright doctrine – the government edicts doctrine – and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious implications for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated role for courts in the development of copyright law through the use of principled reasoning. In expounding the doctrine, the Court announced a vision for the judicial role in copyright adjudication that is at odds with the dominant approach under the Copyright Act of 1976, which sees courts as limited to interpreting and deferring to the text of the statute. This Piece unpacks the longstanding debate about judicial role in copyright that manifested itself rather vividly in the majority and dissenting opinions in the case. In the process, it shows how Chief Justice Roberts’s opinion for the Court consciously unraveled a delicate – but undesirable – institutional balance that has come to be accepted within the world of copyright law, and imagines the consequences that it might have for the future of copyright adjudication and lawmaking