Georgia Law Professor Cohen takes part in AALS roundtable on law, international economic security


Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of Dean Rusk International Law Center, participated in a roundtable on “Changing Concepts of International Economic Security & the Law” at the Annual Meeting of the Association of American Law Schools.

Organized by Kathleen Claussen (University of Miami School of Law), other participants in the AALS roundtable included: Anupam Chander (Georgetown University Law Center), Jennifer Daskal (American University, Washington College of Law), Kristen Eichensehr (University of California, Los Angeles School of Law), J. Benton Heath (New York University School of Law), Jide O. Nzelibe (Northwestern University Pritzker School of Law), Aaron D. Simowitz (Willamette University College of Law), Anna Spain Bradley (University of Colorado Law School), and Edward T. Swaine (The George Washington University Law School). (credit for photos)

Participants convened to discuss emergent global tensions between economics and national security and how the relevant legal regimes – trade, investment, development, finance, and national security – might respond. Among the topics of discussion were two papers by Professor Cohen:

one that discusses domestic national security delegations to the Executive Branch in the United States; and

another, “Nations and Markets,” that attempts to diagnose the causes of current global conflicts over jobs, data, climate change, and beyond (prior post).

Georgia Law Dean Bo Rutledge, students Katherine Larsen and Miles Porter publish on Cuba sanctions

Recent change in US policy toward Cuba is the subject of a new commentary by the dean and 2 student researchers here at the University of Georgia School of Law.

Coauthoring the Daily Report article, entitled “Lawyers Should Keep Their Eyes on Cuba Sanctions Cases,” were international business law expert Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law at Georgia  Law, along with 3L Katherine M. Larsen and 2L Miles S. Porter.

The article examines the potentially “broad implications for entities that conduct business in or with Cuba” that may follow from the announcement earlier this year that a portion of the mid-1990s “Helms-Burton Act would no longer be suspended, thereby allowing U.S. nationals to file lawsuits against any individual or entity that ‘traffics in property expropriated by the Cuban government.”

The full commentary is here.

Georgia Law trio pens Daily Report commentary on ECJ arbitration ruling

Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law here at the University of Georgia School of Law, has co-authored, with 3L Katherine M. Larsen and Amanda W. Newton (JD’19), a commentary on a recent decision related to international arbitration.

Entitled “European Decision Could Have Killed Investment Treaties, Affecting Arbitration and Investments,” the commentary appeared at The Daily Report on June 28.

It discusses the content and the implications of Achmea v. Slovakia, a May 2018 decision in which the European Court of Justice ruled a clause in a bilateral investment treaty to be incompatible with European law. Both that decisions and subsequent interpretation of it in European and US courts, the authors state, leaves “more questions than answers at this point.” (Also see prior post.)

Georgia Law Community HeLP Clinic students aid clients’ citizenship bid

Students in the University of Georgia School of Law Community Health Law Partnership Clinic recently succeeded in assisting 2 clients from Egypt who were seeking to become naturalized U.S. citizens.

Working this year to prepare the clients for interviews and their 2019 naturalization ceremony were 3L Amy E. Buice, above center, and 2L William D. Ortiz, above left. Also working on the case were 3L Sarah A. Mirza and Onur Yildirim (JD’18), who last year helped prepare the clients’ naturalization applications.

The students were supervised by Professor Jason A. Cade, Director of Georgia Law’s Community HeLP Clinic, which assists low-income persons with immigration, benefits, and other health-harming legal needs.

Students in Georgia Law’s Appellate Litigation Clinic win Board of Immigration Appeals case on behalf of asylum-seeker from Russia

Four students in the University of Georgia School of Law Appellate Litigation Clinic have just secured asylum relief for a Russian client, and in so doing earned hands-on experience in practicing law in today’s interconnected world.

The client, Rim Iakovlev, is a Jehovah’s Witness who had fled to the United States after a ruling by the Russian Supreme Court outlawed his religion. A U.S. immigration judge granted his petition for asylum. But the U.S. Department of Homeland Security appealed. It was at this point that the Board of Immigration Appeals, through its pro bono project, appointed Georgia Law’s Appellate Litigation Clinic to represent asylum-seeker Iakovlev. The Board is an administrative appellate agency within the Executive Office for Immigration Review, U.S. Department of Justice.

Drafting the brief in the case, under supervision by Professor Thomas V. Burch, Director of the Appellate Litigation Clinic, were four Georgia Law students: 3Ls Wade H. Barron, C. Daniel Lockaby, and Sarah A. Quattrocchi, and 2L Addison Smith. Their brief stressed consistencies in the accounts given by Iakovlev and his wife, and also refuted the DHS contention that the asylum-seeker was obliged to present a letter from his congregation attesting to his status as a Jehovah’s Witness.

Upon reading the parties’ briefs, the Board of Immigration Appeals affirmed the immigration judge’s decision to grant Iakovlev’s petition for asylum. DHS chose not to appeal the Board’s decision, so that Iakovlev was released from detention last week.

Georgia Law Professor Cade and attorney Mary Honeychurch (JD18) coauthor immigration essay

The U visa – a visa set aside for nonimmigrant victims of certain crimes who have endured mental or physical abuse and are willing to assist law enforcement – is the subject of a new essay co-authored by scholars here at the University of Georgia School of Law.

The essay, “Restoring the Statutory Safety-Valve for Immigrant Crime Victims: Premium Processing for Interim U Visa Benefits,” appears at 113 Northwestern University Law Review Online 120 (2019). It was written by Georgia Law Professor Jason A. Cade, whose teaching and scholarship focus on immigration law, and one of his former students, Mary Honeychurch (JD’18), who is now an immigration attorney at Seyfarth Shaw LLP in Atlanta.

Here’s the abstract:

“This Essay focuses on the U visa, a critical government program that has thus far failed to live up to its significant potential. Congress enacted the U visa to aid undocumented victims of serious crime and incentivize them to assist law enforcement without fear of deportation. The reality, however, is that noncitizens eligible for U status still languish in limbo for many years while remaining vulnerable to deportation and workplace exploitation. This is in large part due to the fact that United States Citizenship and Immigration Services (USCIS) has never devoted sufficient resources to processing these cases. As a result, the potential benefits of the U visa remain underrealized and communities are left less safe. In an era of sustained focus on enforcement and increased instability within immigrant communities, the situation becomes ever more urgent. This Essay introduces and defends a simple administrative innovation that would dramatically improve the process: a premium processing route for interim approvals and employment authorization. Although our proposal cannot resolve all the underlying problems, it is pragmatic, easily implemented, and superior to the status quo.”

The full essay is available here.

Georgia Law’s Elizabeth Weeks on “Healthism,” her new co-authored book about health-status discrimination

Pleased today to welcome a contribution from Elizabeth Weeks, Associate Dean for Faculty Development and J. Alton Hosch Professor of Law here at the University of Georgia School of Law. Weeks concentrates her teaching and scholarship in fields of law related to health care. In the post below, she introduces her new co-authored book, which will be of great interest to all concerned about the human right to health. It will be the subject on Wednesday, February 27, of a Georgia Law book panel featuring Law Professors Jennifer Bennett Shinall of Vanderbilt, Stacey Tovino of Nevada-Las Vegas, Ani Satz of Emory, and Nicolas P. Terry of Indiana-Indianapolis.

I am delighted to announce the recent publication by Cambridge University Press of my book, Healthism: Health Status Discrimination & the Law, co-authored with Jessica L. Roberts, Alumnae College Professor in Law  and Director of the Health Law & Policy Institute at the University of Houston Law Center.

Healthism proposes a new protected category – the unhealthy – and examines instances of discrimination against the unhealthy in multiple contexts:

Our book considers these and a host of other examples. It concludes that some operate as normatively wrong – or “healthist” – laws, policies, or practices. Others, however, are not only permissible, but also may be desirable, inasmuch as they encourage or support healthier lifestyles.

This book’s most important contributions are:

  • To introduce the concept of healthism into the lexicon; and
  • To invite ongoing dialogue about the merits and demerits of treating individuals differently based on their health status.

The genesis of our healthism project was the Patient Protection and Affordable Care Act of 2010, or ACA, which largely prohibits health status discrimination in health insurance in the United States.  Specifically, the ACA prohibits insurers from denying coverage based on preexisting conditions or charging higher premiums based on individual risk factors.

In 2010, single-payer health system, or a national health system, or even “Medicare for All,” were (and likely remain) political nonstarters in the United States. President Barack Obama’s signature law, the ACA, instead effected a sort of mandatory mutual aid society, a compelled communitarian approach, to health care.  In order to ensure that coverage for the unhealthy remained affordable, the law required most Americans to obtain health insurance – whether through eligibility for a government program or employer-sponsored plan, or by purchasing on the individual and small-group market – with government subsidies for some.

As of January 1, 2019, however, a critical pillar of that legislative design has been removed:

According to the Tax Cuts and Jobs Act, or TCJA, a law enacted in November 2017 under President Donald J.  Trump, the tax penalty associated with the so-called individual mandate no longer applies.  Americans now again are free to “go bare,” without any health insurance, or to purchase short-term, catastrophic-only, or other high-deductible/low-premium, limited coverage.  Many plans on the market still operate with the antidiscrimination provisions and other protections required by the ACA; however, no one any longer is compelled to purchase them.

The effect may well be to make those plans less affordable for the unhealthy – those who most need comprehensive coverage.  TCJA is just one of several U.S. reforms that threaten to erode legal protections for the unhealthy and so to reintroduce legal and social acceptance of healthism.

Our book stops short of proposing a model law or draft constitutional provision to comprehensively address this problem. Instead, it offers readers a workable rubric to navigating the shifting landscape of permissible and impermissible health-status discrimination.