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THE NEED FOR A UNITED STATES NATIONAL ANTIQUITIES DATABASE: A VALUABLE SUGGESTION FROM THE NICOSIA CONVENTION
Full text linkAntiquities trafficking is an international cultural and security risk due to the involvement of organized crime. The Nicosia Convention proposes utilization of shared national databases cataloging antiquities as a method to combat the antiquities black market. The United States should adopt this database recommendation. A comprehensive database of antiquities in the U.S. is technically feasible. Further, a database would strengthen American criminal law by creating evidence that a buyer could have notice and knowledge of the status of a trafficked antiquity, the lack of which currently incentivizes authorities to use civil forfeiture actions instead of criminal prosecution. Implementing an antiquities database would help the United States combat the antiquities black market and protect good faith market participants, strengthening the legal market and helping the United States achieve broader policy goals
PROTECTING THE RIGHT TO BE LET ALONE POST DOBBS: A STATE CONSTITUTIONAL STRATEGY
Full text linkIn Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court held that the federal constitution allows states to interfere with, or even deny, the right of women to choose whether to carry a pregnancy to term.1 This essay argues that state constitutional guarantees of the right to privacy protect that right. It further argues that advocates in states that do not have a constitutional right to privacy should utilize direct democracy provisions, where available, to add a right to privacy to their constitutions
BEYOND #FREEBRITNEY: AN ANALYSIS OF THE IMPACT OF AB 1194 ON PROFESSIONAL FIDUCIARIES, THE ROLE OF COURT-APPOINTED COUNSEL, AND COURT OVERSIGHT REQUIREMENTS
Full text linkThis article analyzes the impact of California Assembly Bill No. 1194 (AB 1194) on professional fiduciaries and court-appointed counsel and posits funding issues as a barrier to achieving the goals set out by AB 1194 and prior conservatorship law reforms. This article proposes numerous changes to AB 1194, including incentivizing rather than solely penalizing professional fiduciaries, adopting a midway standard between zealous advocacy and the best interests standard for court-appointed counsel, and development of a coherent funding plan.
AB 1194 was adopted largely in response to media movements such as #FreeBritney, the movement which called for an end to the conservatorship of Britney Spears. #FreeBritney, however, resulted in no studies to quantify abuse in the context of conservatorships, and the legislative history of the resulting bill cites small-sample, niche, or fictional accounts of abuse in support. Articles analyzing AB 1194 specifically are similarly few and far between.
In practice, AB 1194 poses significant problems that undermine its goal of protecting the elderly and incapacitated. As currently written, AB 1194 risks triggering a mass exodus of professional fiduciaries from conservatorship work. Scarcity of professional fiduciaries will disadvantage conservatees because professional fiduciaries offer neutrality and experience in handling complex conservatorships. AB 1194 additionally requires zealous advocacy of court- appointed counsel, codifying one side of a longstanding debate between the zealous advocacy and the best interests of the conservatee standard for court-appointed counsel. However, zealous advocacy is impractical in certain situations, and in others, places the conservatee in danger. Further, the Legislature has not made clear how much funding is necessary to accomplish the mandates of AB 1194, nor is it clear where the funding will come from. Without a coherent fiscal plan, AB 1194 will not achieve its goal of protecting the elderly.
With the population of elderly individuals in California estimated to expand rapidly in the coming years, it is necessary that California adopt data-driven conservatorship legislation that creates, supports, and funds a protective conservatorship system
LIES, DAMN LIES, AND PRIVACY PROMISES
Full text linkHealth apps and other consumer technologies collect massive amounts of sensitive data, including but not limited to information about users’ reproductive lives. As a result, consumer choices—especially for menstruation tracking applications—are at least partly driven by privacy promises in advertising and privacy policies. But there is a problem: whether these promises are grounded in reality can often only be revealed by complex analyses outside the capabilities of the majority of consumers and, even then, may be unknowable in any definitive sense. This essay explores this problem in the context of menstruation tracking applications and post-Dobbs legal developments that implicate reproductive data. In it, we question the adequacy of existing laws and regulations and the limitations of even the most robust proposed legislation and underscore that if we cannot solve the problem of privacy lies, any hard-fought reforms will be hollow
IN CONTEXT: FOREIGN AND INTERNATIONAL LAW IN ABORTION LITIGATION
Full text linkIn Dobbs v. Jackson Women’s Health Org’n, the U.S. Supreme Court, both the majority and dissenting justices, employed comparative law. For some of the justices in the majority, this reflected a change from their prior rejection of comparative law in United States courts. However, a review of the majority’s approach to comparative law reveals flaws in their analysis – in particular, a failure to appreciate the broader context surrounding comparative sources. As state courts now take the lead in considering cases relating to abortion, they have the opportunity to develop more nuanced and accurate approaches to comparative law
