On Law and the Transition to Market: The Case of Egypt

On the eve of independence from European colonialism, Egypt, like most other developing countries, undertook the project of de-linking itself from colonial economy by initiating domestic industrialization. The economic project known as Import Substitution Industrialization (“ISI”) was designed to liberate Egypt from raw commodity production--specifically, agricultural and mineral--servicing its previous colonial master, Great Britain. The engine of development would be an expanding public sector with nationalization and socialism as leitmotifs. In re-orienting the economy towards industrial production, Egypt hoped that the terms of trade with the international economy would significantly improve, thereby leading to an improvement in the living standards of its population. And, like most other developing countries (with *352 the exception of the East Asian Tigers), Egypt failed. A symptom of its failure was a severe debt crisis that hurled Egypt into the brutal embrace of the International Financial Institutions (“IFIs”): the World Bank and the International Monetary Fund (“IMF”). To be rescued from its debt crisis, Egypt had to concede to the neo-liberal economic program of these institutions, otherwise known as the Washington Consensus. The program aimed to improve Egypt\u27s capacity to repay its debts to international creditors by: re-linking it to the global economy via trade liberalization and through the re-regulation of its domestic economy to be more market oriented with the private sector, henceforth, being the engine. And like most other debtor-countries, Egypt had to go through an austerity program to improve its savings

A Hiatus in Soft-Power Administrative Law: The Case of Medicaid Eligibility Waivers

Administrative law is fundamentally a regime of soft power. Congress, the President, administrative agencies, civil servants, and the courts all operate within a broad consensus for rational, good-faith decisionmaking. Congress grants agencies discretion, and courts and civil servants defer to agencies’ political leadership based largely on the expectation that the latter are seeking to honor statutes’ purposes. That expectation of prudential restraint also allays concerns about delegations of legislative power. When the executive systematically disregards that expectation and seeks single-mindedly to maximize achievement of its policy objectives, deference’s justification breaks down. Across agencies, the Trump administration has disregarded the assumptions on which administrative law’s soft power consensus depends. Its waivers allowing states to deny Medicaid to otherwise eligible low-income people unable to find employment exemplifies this disregard. Exploiting a sweeping delegation of authority to test new ways to achieve Medicaid’s goal of providing health care coverage, this administration has instead sought to achieve very different goals, from legislation that Congress has rejected. The waiver applications themselves estimate substantial increases in the numbers of uninsured people. Ignoring the administration’s disregard of the longstanding administrative law consensus could deter future Congresses from valuable delegations of discretion. Permanently abandoning the deferential soft-power model would seriously undermine future governance. Instead, courts and civil servants should treat this period as a hiatus in consensus for good-faith decisionmaking. Courts should suspend deference and other aspects of soft-power jurisprudence. And civil servants should comply with political officials’ lawful directions but should remain steadfastly truthful in their words and actions

Dissing States?: Invalidation of State Action During the Rehnquist Era

Used by permission of the Virginia Law Review Association

The Pros and Cons of Politically Reversible Semisubstantive Constitutional Rules

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this view, the substance of challenged rules is of decisive importance, so that political decision makers may resuscitate invalidated laws only by way of constitutional amendment. This conception of constitutional law is incomplete. In fact, courts often use so-called “semisubstantive” doctrines that focus on the processes that nonjudicial officials have used in adopting constitutionally problematic rules. When a court strikes down a rule by using a motive-centered or legislative-findings doctrine, for example, political decision makers may revive that very rule without need for a constitutional amendment. For such an effort to succeed, however, those decision makers must comply with special, deliberation-enhancing procedural requirements crafted by courts to ensure that constitutional concerns receive fair attention in the lawmaking process. Is semisubstantive review legitimate and sensible? In this Article, the author disentangles—and then responds to—each of ten critiques that judges and scholars have directed at semisubstantive decision making. While acknowledging that most of these critiques have some merit, the author concludes that courts should continue to deploy semisubstantive doctrines as one, but not the only, tool of constitutional review. This approach, it is argued, serves a worthy aim. It protects constitutional values in a meaningful way, while taking due account of the salience of republican self-rule

Alarmism Versus Moderation in Responding to the Rehnquist Court

I begin in Part I by offering a description of the Supreme Court\u27s recent decisions as a less substantial repudiation of prior principles than many think them to be, and as leaving Congress with the means to achieve a quite substantial proportion of the policy goals it pursued in the statutes the Court invalidated. Part II explains why Congress is unlikely to do so, in light of our apparent commitment to divided government, and parties that are organized around distinctive ideologies because of divided government. Part III turns to the prospect for continued policy transformation, identifying the conditions under which either the political branches or the Supreme Court could pursue that transformation, and suggesting that those conditions are not highly likely to be realized. Part IV is a brief conclusion, examining the implications of my argument for advocacy and scholarship

Race Ipsa Loquitur

The goal of this Article is to make the existence of invidious racial discrimination in the United States so palpable that it can no longer be denied. Part I argues that racial inequality is so pervasive, unconscious, and structural that it has simply become an assumed fixture of United States and is rarely even noticed. Section I.A describes the history of racial subordination in the United States. Section I.B invokes the concept of disparate impact to illustrate the continuing manifestations of invidious discrimination in contemporary culture. Part II describes the manner in which the culture nevertheless chooses to deny the existence of continuing racial discrimination, even in the face of such stark racial disparities. Section II. A attributes this denial to cultural biases that can be conscious, blatant, implicit, or structural. Section II.B describes the way in which the Supreme Court has invoked the doctrinal distractions of intent and racial balance to sanitize the culture’s commitment to racial stratification and divert attention from the Court’s de facto protection of white privilege. The Article concludes that meaningful racial reconciliation could be achieved in the United States only if United States culture were willing to act on a truth about its racial values that it is unlikely ever to admit

Applying Dialectical Behavior Therapy to Latinx Youth Experiencing Deportation Stress: A Critical Literature Review and Culturally Congruent Application

Deportation policies from Immigration and Customs Enforcement (ICE) have harmful effects on the mental health of immigrant families in the US. These effects can be experienced at multiple points such as living in fear of deportation, undergoing ICE raids, becoming detained, or being deported. The children that witness these experiences of deportation within their families are impacted substantially. Some of the psychological effects of having a parent deported or detained can include internalizing and externalizing problems, attention difficulties, emotional and behavioral changes, interpersonal conflict, and feeling like a burden. While the impacts of deportation on youth are highlighted in the research, there are no evidence-based treatments for this population specifically. Thus, this article poses that Dialectical Behavior Therapy (DBT) is an appropriate transdiagnostic treatment for these youth experiencing multiple problems when including frameworks such as Minority Stress Theory, the Biosocial Theory, and Radical Healing to address anti-immigrant invalidation faced by this population. As Latinxs make up a large percentage of immigrants that are deported, this article expands on their specific experience. This dissertation aims to review the literature on this population and create cultural adaptations to DBT for Latinx youth experiencing deportation stress (i.e., deportation or detainment of a parent or family member) through the expansion of Linehan’s (1993) Biosocial Theory to include four levels of anti-immigrant invalidation: structural, individual, anticipated, and internalized invalidation; additional DBT Orientation handouts for specific psychoeducation; potential strategies for teaching DBT skills; and recommendations for the application of DBT to address the numerous access-to-treatment barriers that Latinx youth face. Future directions for research on efficacy, feasibility, and acceptability are discussed

How to Generate Security Cameras: Towards Defence Generation for Socio-Technical Systems

Recently security researchers have started to look into automated generation of attack trees from socio-technical system models. The obvious next step in this trend of automated risk analysis is automating the selection of security controls to treat the detected threats. However, the existing socio-technical models are too abstract to represent all security controls recommended by practitioners and standards. In this paper we propose an attack-defence model, consisting of a set of attack-defence bundles, to be generated and maintained with the socio-technical model. The attack-defence bundles can be used to synthesise attack-defence trees directly from the model to offer basic attack-defence analysis, but also they can be used to select and maintain the security controls that cannot be handled by the model itself.Comment: GraMSec 2015, 16 page

Utility of Parental Mediation Model on Youth’s Problematic Online Gaming

The Parental Mediation Model PMM) was initially designed to regulate children’s attitudes towards the traditional media. In the present era, because of prevalent online media there is a need for similar regulative measures. Spending long hours on social media and playing online games increase the risks of exposure to the negative outcomes of online gaming. This paper initially applied the PMM developed by European Kids Online to (i) test the reliability and validity of this model and (ii) identify the effectiveness of this model in controlling problematic online gaming (POG). The data were collected from 592 participants comprising 296 parents and 296 students of four foreign universities, aged 16 to 22 years in Kuala Lumpur (Malaysia). The study found that the modified model of the five-factor PMM (Technical mediation, Monitoring mediation, Restrictive mediation, Active Mediation of Internet Safety, and Active mediation of Internet Use) functions as a predictor for mitigating POG. The findings suggest the existence of a positive relation between ‘monitoring’ and ‘restrictive’ mediation strategies and exposure to POG while Active Mediation of Internet Safety and Active mediation of Internet use were insignificant predictors. Results showed a higher utility of ‘technical’ strategies by the parents led to less POG. The findings of this study do not support the literature suggesting active mediation is more effective for reducing youth’s risky behaviour. Instead, parents need to apply more technical mediations with their children and adolescents’ Internet use to minimize the negative effects of online gaming

Book reviews

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