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How to Create Feminist Policy: The 2021-2022 Chilean constitutional rewrite
Get PDFHad it been approved, the 2022 Chilean Constitutional draft would have been the first Constitution in world history to be written by the same number of men and women. At the same time, it would have been one of the most progressive constitutions worldwide, guaranteeing the right to abortion; recognizing carework as an economic activity; and mandating equal representation for women in Chilean Congress, the Supreme Court, and political parties, among others. During the summer of 2022, I interviewed 12 women delegates from the 2021 - 2022 Chilean Constitutional Convention to understand the impact of gender parity in the policy drafting process and the factors that made such progressive policies possible. Based on the interviews and an analysis of recent Chilean political history, I find that three factors were necessary to achieve such a feminist draft: a recent history of strong feminist social movements in the country, an institutional and electoral system favorable to the election of women representatives, and strategic organization by feminist women representatives inside the Convention
“Fundamental Fairness”: Finding a Civil Right to Counsel in International Human Rights Law
Get PDFEvery other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world?
This Comment considers how international human rights law might support a civil right to counsel in the United States. Part II discusses right-to-counsel principles in U.S. law and the current state of civil legal aid. Part III examines how international and foreign law, particularly in Europe, has conceptualized and implemented a civil right to counsel. Finally, Part IV explores and evaluates several strategies for drawing upon international human rights law to secure such a right in the United States
Confirm Rachel Bloomekatz to the Sixth Circuit
Get PDFNow that the United States Senate is convening after the July Fourth holiday, the upper chamber must promptly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee, whom President Joe Biden selected in May 2022, provides remarkable experiential, gender, and ideological expertise that she deftly realized in litigating high-profile gun control, environmental, and other significant cases in federal appellate courts and district courts. Over fifteen years, the nominee has reached law’s pantheon across a broad spectrum from extremely prestigious clerkships with Justice Stephen Breyer and particularly distinguished federal court and state court jurists to robustly participating in many suits for the powerful global law firm Jones Day. The opening that the nominee would fill has been vacant for months. Thus, the Senate needs to rapidly approve the exceptionally competent, mainstream nominee
Appoint Judge Ana de Alba to the Ninth Circuit
Get PDFThe United States Senate must rapidly appoint Eastern District of California Judge Ana de Alba to the Ninth Circuit. This appellate tribunal is a preeminent regional circuit, which faces substantial appeals, has the largest complement of jurists, and clearly includes a massive geographic expanse. The nominee, whom President Joe Biden designated in spring 2023, would offer remarkable gender, experiential, ideological, and ethnic diversity realized primarily from serving productively with the California federal district, and state trial, courts after rigorously litigating for one decade in a highly regarded private law firm. For over fifteen years, she deftly excelled in law’s upper echelon. The post which the judge could fill has been vacant for months. Thus, the Senate needs to promptly approve the well qualified, mainstream nominee
Accessing Justice with Professor S: Prosecution v. Defense Edition
Get PDFAn exploration of government funding for prosecution and defense services in the area of criminal law. The comic includes visualized data to illustrate disparities in access to justice for criminal law matters, even where there is a guaranteed right to representation.https://scholarship.richmond.edu/law-comics/1007/thumbnail.jp
Informed consent, price transparency, and disclosure
No full textIn the American medical system, patients do not know the final price of treatmentuntil long after the treatment is given, at which point it is too late to say “no.” I arguethat without price disclosure many, perhaps all, tokens of consent in clinical medicinefall below the standard of valid, informed consent. This is a sweeping and broadthesis. The reason for this thesis is surprisingly simple: medical services rarely haveprices attached to them that are known to the patient prior to treatment. Yet, formany patients, knowledge of the price is relevant to whether they would giveconsent. If informed consent requires that patients know all information about theirtreatment that is relevant to their decision, then consent to a medical intervention inthe absence of the price is not informed consent
