Dialogue with ACLU Attorneys

Attorneys provide career advice, discuss their projects and summer internship program. Q&A session to follow panel discussion.https://larc.cardozo.yu.edu/flyers-2017-2018/1014/thumbnail.jp

On the Rise: Asian American Women Elected to the Massachusetts House of Representatives

Comprised of 160 State Representatives and 40 State Senators, the bicameral Massachusetts Legislature serves all residents and communities of the Commonwealth yet there has been limited racial, ethnic, and gender diversity reflected in the membership of the legislature for most of its existence. While Massachusetts has a substantial and rapidly growing Asian American population, there has historically been very limited representation by Asian American women in the Massachusetts Legislature, as documented by the Asian American Commission of the Commonwealth of Massachusetts1, yet 2011 represented a turning point. This brief focuses on the narratives of five Asian American women who have served or are currently serving in the Massachusetts House of Representatives

Replacing Myths with Facts: Sex-Selective Abortion Laws in the United States

Several countries in the world have sex ratios at birth that are as high or higher than China and India, including countries with predominantly white populations. Nonetheless, immigrant communities in the United States from China and India are consistently accused of harboring a preference for sons. It is supposedly this preference for sons that leads Asian Americans to abort female fetuses. In response, eight states have enacted bans on sex-selective abortion and 21 states and the United States Congress have considered such bans. Proponents of sex-selective abortion bans claim that the United States is one of the few countries in the world where sex-selective abortion is not prohibited. However, our research reveals that only four countries explicitly prohibit sex-selective abortion and that, instead, many countries that are concerned with sex selection prohibit the practice even before the embryo is implanted in the uterus. Our research also reveals that sex-selective abortion bans are not likely to change sex ratios at birth. In a study we conducted on sex ratios in two states that adopted sex-selective abortion bans over 15 years ago—Illinois and Pennsylvania—we found that the laws were not associated with changes in sex ratios. Laws banning sex-selective abortion purport to combat gender discrimination. However, the text of the laws and the statements made in support of the bans during legislative hearings make it clear that they are intended to place restrictions on abortion services generally. Moreover, the laws purport to solve a problem that may not exist at all in the United States. Rather than changing behavior or addressing a purported problem, sex-selective abortion bans are likely to lead to the denial of health care services to Asian American women. Many of the laws require medical professionals to scrutinize a woman’s reproductive choices. Since it is difficult to determine the true reason a woman has chosen to terminate her pregnancy, medical professionals may err on the side of caution and deny care to women in order to avoid liability under the law, even when a woman is not seeking a sex-selective abortion. Laws banning sex-selective abortion have been enacted on the basis of misinformation and harmful stereotypes about Asian Americans. We do not support the practice of sex selection by any means, but rather than combating discrimination, sex-selective abortion bans perpetuate it

Replacing Myths with Facts: Sex-Selective Abortion Laws in the United States

Several countries in the world have sex ratios at birth that are as high or higher than China and India, including countries with predominantly white populations. Nonetheless, immigrant communities in the United States from China and India are consistently accused of harboring a preference for sons. It is supposedly this preference for sons that leads Asian Americans to abort female fetuses. In response, eight states have enacted bans on sex-selective abortion and 21 states and the United States Congress have considered such bans. Proponents of sex-selective abortion bans claim that the United States is one of the few countries in the world where sex-selective abortion is not prohibited. However, our research reveals that only four countries explicitly prohibit sex-selective abortion and that, instead, many countries that are concerned with sex selection prohibit the practice even before the embryo is implanted in the uterus. Our research also reveals that sex-selective abortion bans are not likely to change sex ratios at birth. In a study we conducted on sex ratios in two states that adopted sex-selective abortion bans over 15 years ago—Illinois and Pennsylvania—we found that the laws were not associated with changes in sex ratios. Laws banning sex-selective abortion purport to combat gender discrimination. However, the text of the laws and the statements made in support of the bans during legislative hearings make it clear that they are intended to place restrictions on abortion services generally. Moreover, the laws purport to solve a problem that may not exist at all in the United States. Rather than changing behavior or addressing a purported problem, sex-selective abortion bans are likely to lead to the denial of health care services to Asian American women. Many of the laws require medical professionals to scrutinize a woman’s reproductive choices. Since it is difficult to determine the true reason a woman has chosen to terminate her pregnancy, medical professionals may err on the side of caution and deny care to women in order to avoid liability under the law, even when a woman is not seeking a sex-selective abortion. Laws banning sex-selective abortion have been enacted on the basis of misinformation and harmful stereotypes about Asian Americans. We do not support the practice of sex selection by any means, but rather than combating discrimination, sex-selective abortion bans perpetuate it

The Political Leadership of Women of Color in Massachusetts: Uneven Progress Amid Historic Advances

Since the 2015 release of Profiles in Leadership: Women of Color Elected to Office in Massachusetts which documented the electoral leadership of 94 women of color who had ever served in office in Massachusetts, at least 34 women of color have been elected to office, reflecting a 36% increase in the past four years

Regulating disasters? The role of international law in disaster prevention and management

Purpose – This article explores the role of international law in disaster prevention and management, with a particular focus on the emerging field of international disaster law, and its relationship with international human rights law. It further introduces the four articles of the special column of this journal issue, dedicated to disasters and international law. Design/methodology/approach – The analysis is based upon primary sources of legislation and policy, as well as academic literature on disasters and international law. Findings – Although the field of international disaster law is at its infancy, we argue that this emergent area does have the potential to gain widespread recognition as a distinct field of law, and that this could be of benefit for the wider disaster management community. Originality/value – The article introduces key legal features and themes relating to international law and disasters, highlighting their relevance for disaster management. The added value is to widen the discussion on aspects of disasters regulated by international law, thus facilitating the future exchange with other academic subjects and operational fields. Keywords – disasters; international law; disaster management; treaties; human rights; international disaster law; international human rights law. Paper type – Research pape