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Assessing the Performance of Place-Based Economic Development Incentives: What’s the Word on the Street?
Although politically popular, place-based economic development incentives have had limited success and proven difficult to evaluate. Unlike most legal scholarship on this topic, this article takes a qualitative approach in examining them. It studies the performance of four distinct types of development incentives intended to alleviate economic distress, using insight gathered from interviews with business owners, development professionals, and community members in six adjoining neighborhoods, where past efforts at revitalization have failed despite locational advantages.
The challenges faced by economically distressed places are typically varied and complex. The qualitative sampling techniques employed in this article’s research generated nuanced, ‘on the ground’ insight that is a critical addition for understanding what features of economic development incentives actually influence business decisions and the community impact these decisions make. This contrasts with past studies that focused on changes in secondary data points (e.g., neighborhood median income, commercial property values) as the primary indicators of whether an incentive works. Both qualitative and quantitative information are necessary to get the full picture.
Significant takeaways from this study include a clear consensus among interviewees that incentives that are carefully tailored and only selectively or competitively available generate greater community benefit than widely available incentives that reward any business activity within a community. Interviewees criticized inefficiencies caused by what they viewed as unnecessary red tape associated with certain types of incentive programs. Additionally, and of particular note, interviewees emphasized the value of long-standing incentive programs that are periodically evaluated and can be adapted to work out design flaws and to reflect changing circumstances. These takeaways hopefully spark interest and innovation among legislators and policymakers in crafting economic development incentives with greater potential to successfully revitalize distressed communities
Religious Liberty Arguments for Abortion Rights
This panel will explore the history and recent revival of religious liberty arguments supporting abortion rights. The panel will consider this topic from legal, historical, and theological perspectives, drawing on multiple faith traditions and their approaches to gender equality, medical decision-making, sexual morality, and the question of when life begins. The panel will be conducted in a moderated question-and-answer format.
Panelists Rachel Kranson, University of Pittsburgh Elizabeth Sepper, University of Texas at Austin Toni Bond, Methodist Theological School in Ohio
Moderators Christine Ryan, Columbia University Law Rights & Religion Project Jessie Hill, Case Western Reserve University Reproductive Rights Law Initiative Speaker Bios
Rachel Kranson is the Director of Jewish studies and Associate Professor of Religious studies at the University of Pittsburgh. Her work focuses on the history of American Jewish gender, sexuality, and class in the latter half of the twentieth century. Kranson\u27s co-edited volume, “A Jewish Feminine Mystique: Jewish Women in Postwar America” (Rutgers University Press, 2010) was a National Jewish Book Award Finalist in Women’s Studies and her monograph “Ambivalent Embrace: Jewish Upward Mobility in Postwar America” (University of North Carolina Press, 2017) received an Honorable Mention for the Best First Book Award of the Immigration and Ethnic History Society. Her current research traces the history of American Jewish engagement in the debates over abortion.
In the Spring 2024 semester, she is serving as a scholar-in-residence at the Hadassah-Brandeis Institute. At HBI, Kranson will be completing her final chapters of “Religious Misconceptions: American Jews and the Politics of Abortion.” Drawing on the archival collections of liberal and feminist Jewish organizations from the 1970s through the turn of the 21st century, this study tells the story of the American Jewish lawyers, activists, clergy, and communal leaders who articulated distinctly religious reasons for supporting abortion access in the decades following Roe v. Wade. These Jewish leaders resisted the notion that all religious Americans shared a conservative Christian antipathy to reproductive rights, and challenged those who presented an opposition to abortion as a “Judeo-Christian” value. In the process, they developed new paradigms for how American Jews would engage in public policy and transformed the rituals and rhetoric of liberal American Judaism. This volume therefore asks: how did liberal American Jews influence abortion politics, and how did reproductive politics change liberal American Judaism?
Elizabeth Sepper is a nationally recognized scholar of religious liberty, health law, and equality. She has written extensively on conscientious refusals to provide reproductive and end-of-life healthcare and on conflicts over religion and insurance coverage. Her recent work focuses on legal theoretical and policy debates related to the antidiscrimination obligations of public accommodations—that is, businesses, social service providers, and membership organizations that are open to the public—under federal, state, and local laws. Sepper’s articles appear in top journals, including the Yale Law Journal, Columbia Law Review, Virginia Law Review, Northwestern University Law Review, and Harvard Journal of Gender & Law. Her article, Doctoring Discrimination in the Same-Sex Marriage Debates, on the issue of religious objections to gay rights won multiple awards, including the 2014 Dukeminier Award for best sexuality law scholarship. She is the editor of Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper, eds. Cambridge Univ. 2017).
Sepper received her B.A. in History magna cum laude with distinction from Boston University. She received her LL.M. and J.D. magna cum laude from New York University School of Law, where she served as an notes editor of New York University Law Review. Following law school, she clerked for the Hon. Marjorie Rendell of the U.S. Court of Appeals for the Third Circuit, practiced human rights law with a focus on women’s rights, and was a Center for Reproductive Rights fellow at Columbia Law School. Prior to joining the Texas faculty, she was a professor at Washington University School of Law. During 2018-19, she held the LAPA\Crane Fellowship in the Law and Public Affairs Program at Princeton University to work on a project entitled Sex in Public, which explores the history of sex discrimination in public accommodations.
Toni M. Bond has been a social justice activist for over 30 years. She has worked specifically to elevate the voices of Black women around issues of reproductive and sexual health, rights, and justice. In 1994, Bond was one of the twelve Black women who gave birth to the concept of “Reproductive Justice,” creating a paradigm shift in how women of color would add their collective voices to the fight for reproductive autonomy and freedom. In 1994, Bond was the first black woman appointed to serve as the executive director of the Chicago Abortion Fund, one of the oldest abortion funds in the Midwest. In 1996, she co-founded and led the first Black women’s reproductive and sexual justice organization in the country, Black Women for Reproductive Justice.
Bond is a recognized leader and expert on working at the intersections of religion and reproductive justice. A womanist theo-ethicist, her areas of specialization include gender and sexuality, reproductive health, rights, and justice, Black feminist theory and methodology, womanist theory and methodology, and womanist and Christian ethics. Her scholarly foci are reproductive justice and women of color, religion, faith, and reproductive justice, and womanist theo-ethics and reproductive justice. Publications include “A Womanist Theo-Ethic of Reproductive Justice,” in T&T Clark Reader in Abortion and Religion: Jewish, Christian, and Muslim Perspectives, eds. Rebecca Todd Peters and Margaret D. Kamitsuka, (New York, NY: Bloomsbury, 2022); “Laying the Foundations for a Reproductive Justice Movement,” in Radical Reproductive Justice: Foundation, Theory, Practice, Critique, eds. Loretta J. Ross, Lynn Roberts, Erika Derkas, Whitney Peoples, and Pamela Bridgewater Toure (New York: The Feminist Press at the City University of New York, 2017); Review of Rebecca Todd Peters, Trust Women: The Moral Wisdom of Women from Justification to Reproductive Justice, Syndicate Theology; “Aretha’s Funeral and the White Supremacist Imagination,” Sept. 7, 2018, Rewire.News; and “Cherry-Picking the Bible to Mistreat the Stranger: Religion on Family Separation,” June 20, 2018, Rewire.News.
Bond received her B.A. from DePaul University with a focus in Women & Gender Studies. She completed her M.A. in Theology/Ethics at Claremont School of Theology (CST), receiving their University Scholars Award, a fully funded scholarship. She completed her Ph.D. in Religion, Ethics, and Society at CST. Moderator Biographies
Christine Ryan is the Associate Director of Religion and Reproductive Rights at Columbia Law School’s Law, Rights, and Religion Project (LRRP). Christine provides academic analysis, technical support, and thought leadership to advance equality-enhancing approaches to religious liberty. In the post-Dobbs era, she is mainly focused on legal strategies relating to religious liberty, abortion access, and pregnancy criminalization.
Christine joined LRRP from the Global Justice Center (GJC), a women\u27s rights non-profit in New York, where she served as Legal Director. Among other projects at GJC, Christine led a campaign for a new UN treaty on Crimes against Humanity, large-scale reporting on the human rights impacts of U.S. abortion restrictions, and strategies to advance gender justice in the context of atrocity crimes. Prior to that, she served as Senior Legal Advisor to the United Nations Special Rapporteur on Freedom of Religion or Belief, Ahmed Shaheed, where she completed human rights investigations in 8 counties and led a global study on the misuse of the right to freedom of religion or belief. Christine began her legal career as a human rights advisor to the Irish Government.
A scholar of gender, human and constitutional rights, Christine completed her doctorate in law at Duke University School of Law as a Fulbright Scholar. She holds an LLM from University College London and a Bachelor of Laws and Irish from University College Cork.
Jessie Hill, JD (she/her), is the Director of the Reproductive Rights Law Initiative, Associate Dean for Research and Faculty Development, and Judge Ben C. Green Professor of Law. Hill has been writing about and advocating for reproductive rights for over two decades. Hill and the team are currently litigating numerous challenges to abortion restrictions in Ohio, including seeking to protect abortion access in Ohio post-Dobbs through ongoing litigation challenging Ohio\u27s ban on abortion after 6 weeks of pregnancy. She currently serves on the board of the National Abortion Federation Hotline Fund and has been invited to speak on reproductive rights law to various national groups, including the National Abortion Federation, the Society for Maternal Fetal Medicine, and the American Society for Reproductive Medicine.
Hill joined the CWRU faculty in 2003 after practicing First Amendment and civil rights law with the firm of Berkman, Gordon, Murray & DeVan in Cleveland. Before entering private practice, Hill worked at the Reproductive Freedom Project of the national ACLU office in New York, litigating challenges to state-law restrictions on reproductive rights. She also served as law clerk to the Honorable Karen Nelson Moore of the United States Court of Appeals for the Sixth Circuit. She received her JD, magna cum laude, from Harvard University and her AB, magna cum laude, from Brown University. Her articles have been published in the Michigan Law Review, Duke Law Journal, Georgetown Law Journal and Texas Law Review, among others. She has also appeared in numerous local and national press outlets, including CNN, the New York Times, Ms. Magazine and NPR
11. Excerpts from broadcast TV accounts of violations of international humanitarian law in the former Yugoslavia; violence committed against women, rape/ United Nations, undated
TikTok, Copyright, and Justice
In 2019, the Copyright Office refused registration for two dances that were highly recognizable and traceable to specific individuals. The Carlton was refused because it is a simple routine that is not registrable as a choreographic work. The Milly Rock was also refused registration on the same grounds. Epic Games was selling the dances as an add-on to its wildly popular video game, Fortnite, which primarily derives profits from microtransactions. The app TikTok is experiencing an analogous problem. In July 2021, Black Creators were on strike from the app.1 They alleged that the original dances they created for the app were being pushed down in the algorithm while non-Black creators recreating their dances were being promoted. With Carlton and 2 Milly, two famous persons, their path forward was clear; they needed protection to profit from their work. With TikTok creators, the path is less clear. The TikTok content creators need people to recreate their work for promotional purposes. These dances are wildly popular, but as they rise in popularity and make debuts on television programs, they are rarely performed by the choreographer and instead by TikTok Stars. Complicating matters is that the dances themselves are worth relatively little. The value comes from the exposure and opportunities as a recognizable and marketable personality. For instance, Addison Rae (88.5 million followers as of August 2022) makes only a fraction of her income from TikTok, with the bulk of her net worth coming from brand deals, modeling, and a record deal.2 This paper explores the novel situation in which copyright protection seems to be counterproductive to the artist\u27s goals and proposes data-driven solutions that may help Black creators reap the benefits of their contributions while simultaneously helping New Social Media companies navigate the digital content creators’ values
Medical Authority and the Right to Life
This essay briefly explores this relationship between the understandings—existing and potential—of the right to “life” and the role of medical authority in constitutional abortion rights litigation. It proceeds as follows. Part I describes the dichotomy between two different understandings of “life” in U.S. legal discourse, with a particular focus on cases dealing with the so-called “right to die.” Part II then explains why this dichotomy is relevant in the post-Dobbs abortion rights context, as it holds the promise of an alternate path to protection for abortion rights at the federal and state levels. Part II also discusses how and why abortion litigation both before and after Dobbs has relied on a medicalized framing that has worked to undermine this promise. Part III considers possible ways forward