New Article: Danielle Keats Citron, A Poor Mother’s Right to Privacy: A Review, 98 B.U. L. Rev. (2018, Forthcoming). Abstract below:
Collecting personal data is a feature of daily life. Businesses, advertisers, agencies, and law enforcement amass massive reservoirs of our personal data. This state of affairs—what I am calling the “collection imperative”—is justified in the name of efficiency, convenience, and security. The unbridled collection of personal data, meanwhile, leads to abuses. Public and private entities have disproportionate power over individuals and groups whose information they have amassed. Nowhere is that power disparity more evident than for the state’s surveillance of the indigent. Poor mothers, in particular, have vanishingly little privacy. Whether or not poor mothers receive subsidized prenatal care, the existential state of poor mothers is persistent and indiscriminate state surveillance.
Professor Khiara Bridges’s book, The Poverty of Privacy Rights, advances the project of securing privacy for the most vulnerable among us. It shows how the moral construction of poverty animates the state’s surveillance of poor mothers, rather than legitimate concerns about prenatal care. It argues that poor mothers have a constitutional right not to be known if the state’s data collection efforts demean and humiliate them for no good reason. The Poverty of Privacy Rights provides an important lens for rethinking the data collection imperative more generally. It supplies a theory not only on which a constitutional right to information privacy can be built but also on which positive law and norms can develop. Concepts of reciprocity may provide another analytical tool to understand a potential right to be as unknown to government as it is to us.
Batchelder, Lily L. and Maag, Elaine and Huang, Chye-Ching and Horton, Emily, Assessing President Trump’s Child Care Proposals (October 30, 2017). National Tax Journal, Forthcoming. [Abstract below]
During the presidential campaign, Donald Trump proposed three tax benefits for child care: a credit for low-income families, an above-the-line deduction, and tax-subsidized savings accounts. While these proposals laudably bring attention to the heavy burden that child care costs place on many low- and middle-income families, they are a case study in how not to reform child care policy. They are unduly complicated, arbitrarily exclude certain low-income families, deliver support well after child care payments are due, and provide the largest benefits to higher-income families who need the least help.
Naomi Schoenbaum, Stuck or Rooted? The Costs of Mobility and the Value of Place, 127 Yale L.J. F. 458 (2017)[Abstract below]
David Schleicher has written an important article on the relationship between law and mobility, arguing for policymakers to be more concerned with policies that stand in the way of individuals moving to bigger, more productive cities. This Response takes up the costs of mobility for productivity, welfare, and sex equality omitted by Schleicher, and addresses Schleicher’s treatment of place as a market. It argues that Schleicher’s argument fails to account for how mobility interacts with critical relationships. While Schleicher’s view of productivity is premised in agglomeration economics, he ignores how mobility ruptures the very relationships on which the benefits of agglomeration (and broader welfare metrics) depend. He also misses how moves often are not made by individuals, but rather by families, and neglects the fact that such moves often entail losses for women. Finally, Schleicher’s treatment of place as a market, where individuals should essentially move to the highest bidder, ignores how our attachments to places run far deeper than the labor market opportunities they afford.
Kyle Rozema, Nicolas R. Ziebarth, Taxing Consumption and the Take-up of Public Assistance: The Case of Cigarette Taxes and Food Stamps, Univ. Chi. L. Rev. (2017). [Abstract below]
We exploit cigarette tax variation across US states from 2001 to 2012 to show
how taxing inelastic consumption goods can induce low-income households to
enroll in public assistance programs. Using a novel household panel of monthly
food stamp enrollment from the Current Population Survey, we enrich standard
cigarette tax difference-in-differences models with an additional control group:
nonsmoking households. Smoking households are treated with higher taxes,
while nonsmoking households are not. Marginal smoking households respond
to increases in cigarette taxes by taking up food stamps at rates higher than
smoking households in other states and nonsmoking households in the same
Radley Balko, Mississippi judge resigns after barring mother from seeing newborn because of unpaid court fees, Washington Post, October 26, 2017. [“The mother has been forbidden from any contact with her newborn for 14 of the 18 months the child has been alive.”]
Annie Lowrey, America’s Child-Poverty Rate Has Hit a Record Low, The Atlantic, October 5, 2017. [“It fell thanks to government policies, not the expansion of the economy…”]
Chad Stone, The Safety Net is Crucial for Kids, U.S. News, October 13, 2017. [“Government programs like tax credits and SNAP are proven to lower childhood poverty rates.”]
Posted in Family, Food, Health, Inequality, Op-Ed, Politics, Race, Socio-Economic Rights, Uncategorized, Urban Issues, Welfare
New Book: Daphna Hacker, Legalized Families in the Era of Bordered Globalization (2017). Overview below:
Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages – establishing spousal relations, raising children and being cared for in old age – Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
Heather Long, By age 3, inequality is clear: Rich kids attend school. Poor kids stay with a grandparent, Washington Post, September 26, 2017. [“Only 55 percent of America’s 3 and 4-year-olds attend a formal preschool”]
David A. Asnell, I watched my patients die of poverty for 40 years. It’s time for single payer, Washington Post, September 13, 2017. [“In nearly 40 years as a doctor, I witnessed time and time again how inequality kills.”]