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Birth On Mother Earth: Mitigating The Maternal Health Crisis
No full textMaternal health outcomes in the U.S. are remarkably poor, especially when compared to those in other industrialized countries. For example, our maternal death rate is more than twice that of Canada’s. Women of color in the U.S. suffer maternal morbidity and mortality at rates considerably higher than white women. Indigenous women experience the worst maternal health outcomes of all. Yet, most maternal deaths and injuries are preventable. Furthermore, rates of maternal harm, including death, are lower when midwives and similar birthing attendants are involved. This Article is the first to fully explore the unique skillset of traditional birth attendants (TBAs). TBAs are midwives trained in their Indigenous or other traditional cultures to assist with childbirth. This Article argues that state and local midwifery laws should include recognition of TBAs, as a few state regulations have recently done. It details the maternal health crisis, and it explains the correlations between that crisis and the climate crisis. It also describes the data showing maternal health problems are exacerbated by systemic racism and colonialism. Legally recognizing TBAs disrupts these inequities and improves maternal health. This Article is the first to make these connections and to argue specifically for legal integration of TBAs, rather than midwives more broadly. TBAs operate with deep respect for the interconnectedness of people and of the environment in the birthing process, which is a unique skillset. The environmental justice and reproductive justice movements offer critical insights in this regard, as does the emerging “birthing justice” movement. Those legal movements demonstrate the ways that principles of interconnectedness and empathy can be leveraged for positive legal change. This Article invites legal advocates to build on those foundations, reflected in many existing laws, to cultivate reparative strategies for maternal health. State and local governments can mitigate the maternal health crisis disproportionately experienced by women of color in the U.S. by integrating TBAs into midwifery laws
U.S. Administrative Law: A Casebook (5th ed.)
No full textThe number of administrative law texts is vast. The approach of this one, now in its fifth edition, is simple. It is: (1) to focus on the richest and most canonical cases; (2) to provide more extensive extracts of them than most casebooks; and (3) to keep the notes to a bare minimum. Updated through October 2025, the book contains a number of significant decisions from recent Supreme Court terms, as well as foundational classics that many contemporary casebooks cut, and much in between
Governance in the Absence of Government
No full textArtificial intelligence (AI) is advancing at an unprecedented pace, with generative systems exerting growing influence over social, economic, and political life. While AI offers opportunities for innovation and efficiency, it also poses risks ranging from misinformation and job displacement to existential threats if highly autonomous systems evade human control. Across industry, government, and civil society, there is broad consensus that AI requires oversight. Yet traditional U.S. regulatory approaches face six significant barriers: (1) technology outpacing legislation, (2) limited AI expertise among policymakers, (3) regulatory capture, (4) political gridlock, (5) outdated governance structures, and (6) the inherent complexity of AI. Combined with AI’s global reach, these obstacles make effective U.S. regulation unlikely in the near term, underscoring the need for alternatives to government action. Soft law—industry standards, voluntary compliance, and multi-stakeholder initiatives—has successfully guided governance in other rapidly evolving fields. It offers agility, cross-border cooperation, and the ability to adapt quickly without legislative delays. Soft law can encourage innovation while minimizing jurisdictional conflicts. Its drawbacks include non-binding authority and the risk of industry dominance, but when carefully designed, it can provide meaningful oversight in areas where governments cannot act swiftly or effectively. Given AI’s complexity and international scope, I propose establishing an International Council on AI Risk (ICAR)—a multi-stakeholder body focused on AI safety and global standardsetting. An ICAR would unite governments, industry safeguards, create compliance mechanisms, and develop adaptive frameworks. Unlike rigid government structures, it could evolve alongside AI while providing enforceable soft law mechanisms to foster responsible development. Challenges—such as defining scope, securing industry compliance, and avoiding bureaucracy—would require careful governance design and broad participation. Nonetheless, the stakes of AI development demand proactive solutions. With government regulation lagging and risks escalating, an ICAR represents the most pragmatic and scalable model for AI governance. By leveraging international cooperation, industry incentives, and adaptive oversight, it could address AI’s global risks far more effectively than traditional regulatory approaches
