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Theme: Inequality, Inequity & Exclusion: Re- Examining US Public Policy
Letter From The Editors
Dear Readers,
Since our last publication, geopolitics has been characterized by the world’s continued response
to Covid-19, and the associated crises– both economic and military– that have followed. In the
U.S., record levels of inflation and ubiquitous societal inequalities have many wondering: how can
American policy be updated to serve the most vulnerable members of our society? As such, we
are pleased to introduce the 2022 issue of the Brandeis Journal of Politics, themed and entitled,
“Inequality, Inequity, and Exclusion: Re-Examining Public Policy In The U.S. And Abroad.”
This year, all of our writers submitted articles that relate to the theme. Our issue opens with a
piece by Aaryuj Trehan, where he details the ways U.S. public policies function to stunt
Americans’ economic development, before outlining alternative forms of debt structuring that
could lessen the excessive burdens faced by too many. Next, Tavorr Vaxman-Magid uses a
comparative lens to analyze American and European unemployment insurance, and what lessons
Congress could learn to better support those who have lost or are seeking jobs.
Turning towards education policy, Alex Williams investigates charter schools, and their unique
potential as publicly-funded but less-regulated institutions to better assist students most in need
of a quality education. Michael Schwartz follows this with a review of the role of public sector
unions in society, and the ways entrenched interests are able to manipulate public policy towards
their own aims. Xuantong He then details how socio-economically disadvantaged families in
Chile have been scarred by the Pinochet regime in Chile, and what this means for Americans
seeking to overcome generations of policy failure.
Later, Ada Wager provides an overview of the Farm Bill and American agricultural policy, and
questions how the status quo can be changed to better support small farmers and rural
communities. Joseph Pendleton follows this by taking an effective altruist mindset to the
concept of “climate justice,” envisioning the types of policies which could reduce emissions
without hurting the poor countries most reliant on expanding fossil fuel usage.
Writing on political rights, Mandy Feuerman presents a policy brief on no-excuse absentee voting
in the U.S., summarizing literature which outlines the associated increase in voting accessibility
across party lines. Jacqueline Wang then analyzes the state of access to reproductive healthcare
across the U.S., focusing on the importance of judicial rulings to minimize legislators’ ability to
dictate women’s choices. Lastly, Ethan Gertsman chronicles the history of diplomatic immunity
in the U.S. and beyond, with an eye towards reform that would reaffirm the U.S.’s status as a
moral, as well as military and economic leader.
The work of our writers published in this issue is a testament to the Brandeis Journal of Politics’
commitment to providing thorough, well-researched articles. At the close of this academic term,
we are proud to present to you the 20th edition of the Brandeis Journal of Politics.
Best,
Camila Martinez and Isaac Rose-Berman
Editors-in-Chief
BRANDEIS JOURNAL OF POLITICS 2021-2022 1

Debt As A Tool Of Inequity

n By Aaryuj Trehan
Introduction
Debt has been a function of the United to understand medical and student loan debt from
States government since its inception. From the a historical standpoint.
Revolutionary War to the present, the nation has
experienced periods of debt of varying sizes, and The History of Federal Medical and Student
much more recently, the national debt has Loan Debt
skyrocketed. Within the period of the coronavirus Healthcare in the United States, as
pandemic (2020-present), the national debt has mentioned before, has never existed as a purely
increased to $28.2 trillion in 2021, a growth of 7 publicly managed service. Private health insurance
trillion in a much shorter period (2 years) than the has, in one form or another, existed for more than
accumulation of the first $7 trillion (228 years).xii one hundred years, with companies offering
Although debt exists in many forms, the most prepaid options for their employees’ health care,
prominent forms are medical debt and student such as the Southern Pacific (Railroad corporation
debt. With regards to healthcare, the United States operating on the West coast) beginning in 1869,
is one of the few countries in the world that have and early forms of accident insurance existed in
both a mixed healthcare system, where while parts since 1847.xx These different iterations of
government systems exist (75 million Americans healthcare, from insurance companies (Blue Cross
are on Medicaid and Medicare), most Americans, Blue Shield being the first to operate in 1929) to
around 177 million, are on private health care community consumer groups, employer-employee
plans, usually from their employer. xx A further 28 union, or medical societies (some of which
million Americans had no form of health predate insurance companies) faced many
insurance.iii Americans owe at least $140 billion in challenges, such as setting a standard of care for
medical debt.xxv Aside from medical debt, student patients.xx On July 30, 1965, President Lyndon B.
loans account for a substantial portion of debt in Johnson signed into law Medicare and Medicaid’s
the United States — around $1.5 trillion — and creation, and in 2010, the Affordable Care Act
about one in every eight Americans have student was signed into law by President Obama. The
loans.viii This has had many effects on possible history of debt, then, is a history of both a lack of
economic growth and plausible expansion, and regulation and a lack of an affordable public
has restricted many young people from investing option. We can examine this problem from two
much-needed capital into the economy. Not only angles: per capita out-of-pocket expenditures over
has debt become a burden to millions of time, and overall health insurance costs over time.
Americans, but with the overhaul of the Firstly, per capita out-of-pocket expenditures have
bankruptcy declaration system through legislation risen significantly; in 1970, this figure was equal to
such as the 2005 Bankruptcy Abuse Prevention around $115, and by 2020, total per capita out-of-
and Consumer Protection Act, an increasing pocket expenditures are about $1181.xiv Secondly,
number of Americans are requesting debt relief as with regards to private, Medicare, and Medicaid,
well. While, during the pandemic, the Biden premiums have been increasing as well. From
administration extended a pause on student loan 1999-2018, premiums for health insurance
repayments of Federal student loans, the increased on average from just over $2000 for
expiration date of May 1, 2022 of this pause is fast single coverage, and $6000 for family coverage in
approaching, leaving millions of students asking 1999, to just over $7000 for single coverage and
for further debt relief. How did the country nearly $20,000 for family coverage in 2018.ix
accumulate this level of debt? The question raises Student loan debt burdens, similarly, have also
many differing answers, but before discussing the exponentially risen over time to reach such an
problem or recommending any solutions, it is vital unsustainable level.
2 BRANDEIS JOURNAL OF POLITICS 2021-2022

“The history of debt, then, is a history of both a lack of

regulation and a lack of an affordable public option.”
In 1965, the Federal Government began a obtaining a bachelor’s degree, which on average
student loan program named the FFEL (Federal has a price tag of $28,950.xxiii The average debt,
Family Education Loan) program guaranteed to here, would bloat to the $1 trillion plus we know
college students seeking education. Under this today, and a debt crisis would emerge, affecting
program, loaning mediums — banks and private students across the United States.
institutions — could lend federally subsidized and
guaranteed loans to students.vii In 1992, FAFSA The Effects of Debt
(Free Application for Federal Student Aid) was Analyzing the history of medical and
created, changing the payment structure of the student loan debt helps contextualize the debt
student loan. After the creation of FAFSA, it problem, but an assessment of current literature
became the student’s responsibility to cover the helps build a better understanding of the present-
loan and its interest payments, instead of the day debt crisis in America. Debt functions then,
bank’s. In 2005, the Higher Education first more generally, as a weight on people,
Reconciliation Act reduced fees associated with mentally and physically, and secondly, more
loans to one percent and allowed graduate specifically as a limiter for their ability to
students to take out PLUS loans (formerly participate within their economy. Social
officially known as the Parent Loan for determinants in health have been acknowledged to
Undergraduate Students).vii Following this be a dynamic and critically important factor in
restructuring of the higher education payment health, from the biopsychosocial model to, as
model, in 2008, the Great Recession occurred. listed by the US Department of Health and
This was, in many ways, a turning point in the Human Services, “the conditions in the
student debt crisis. As discussed in “The Long- environments where people are born, live, work,
Run Impact of the Great Recession on Student play, worship, and age that affect a wide range of
Debt” by Sergio Pinto and Marshall Steinbaum, health.”xxii Inclusive of economic stability, debt
during recessionary periods, education enrollment can be then examined under the scope of social
rates hit new highs because the opportunity cost determinants of health. The association between
of not entering the workforce was lower, given debt and health, which has been studied
higher unemployment rates. The paper also extensively, can not only induce behavior change
discusses how “simultaneously, recession-driven such as avoidance of medical care, or skipping on
contractionary fiscal policy at the state and local essentials, recounted by a study conducted by the
level forced public institutions to shift further University of Massachusetts Boston, but this
toward tuition-dependent business models.”xvi behavior change can then led to negative long
This shift in turn decreased aid to students, which term effects as well; “skipped medical care
essentially increased students’ reliance on sources resulting from debt was the most consistent
such as loans as a way to afford their education. predictor of health outcomes in this analysis …
This overall “deregulation in the higher education When medical care and treatment are skipped
sector…permitted for-profit institutions to enter because of being in debt, it may worsen existing
the market by offering credentials eligible for physical and mental health issues that require
federal loans and to expand rapidly to serve a non- regular or long term management.”xxviii The fear
traditional student population,” a population that of, and the presence of, medical debt not only
needed the flexibility to pursue higher education, affects a patient’s likelihood to seek healthcare,
which was not at the time offered by no-nprofit but affected then in consequence their personal
institutions.xvi The introduction, then, of a money health, debilitating a group already in need of help.
grab for federal funds, coupled with rampant Debt not only afflicts individuals
deregulation, fueled a surge in the cost of physically but socially as well. The latter is more

commonly discussed; debt can impact people the moment is that, over the past 20 years, student
socially by crippling their attempts to grow and debt has accrued to a total of $1.6 trillion, medical
prosper financially. A study published by the debt has accrued to $140 billion, and more
Federal Reserve Bank of Boston, “Student Loan Americans are defaulting on payments, with less
Debt and Economic Outcomes,” discusses being able to actually participate in their
multiple limitations of debt — namely, economy.xxiii xxv It seems, on the current American
homeownership and wealth holdings. Home trajectory, that disaster is inevitable if no action is
ownership is adversely affected by debt; taken. The current programs in place, such as
“individuals with student loans are 12 percentage Public Service Loan Forgiveness (PSLF), a loan
points less likely to own a home than those repayment program that allows those who pay at
without student loan debt,” relating increasing least 120 months of payments to be eligible for
amounts of debt to a decreased chance of home loan forgiveness, have notoriously low application
ownership.ii Additionally, home ownership rates acceptance; PSLF approves about 2% of
varied the widest amongst those in the younger applications, around 3500 applications for over
generation, 20-24 years of age, with a gap of about 168,000 applicants.xviii Currently, for medical debt,
9% when comparing those with student loan debt no federally funded program exists, and charitable
to those without.ii In the 30-34 age group, the gap organizations such as “RIP Medical Debt,” while
was about 3%. The accumulation of wealth, actively working to provide some form of relief,
similarly, has been shown to have a negative often don’t reach a large enough proportion of the
relationship with increased debt; “the distribution population to change ongoing economic trends
of total wealth relative to income for those and continuous medical debt growth. RIP Medical
households with student debt has a substantially Debt has relieved around $6.6 billion in medical
lower mean than, and in fact lies mostly to the left debt, according to their website, a rather
of, the distribution for households without admirable effort.xiii This then warrants not only
student debt.”ii Practically, measuring a increased relief, but a restructuring of the
household’s wealth, looking at households with privatized medical and education industries.
debt versus households without debt, shows how Firstly, for medical debt and the medical
the presence of debt affects a family’s ability to industry, a multi-step approach has been studied,
accumulate capital. Long term, the lack of and is being advocated for. Nothing less than
generational wealth, inability for upward mobility, forgiveness and restructuring (effectively Medicare
and living on income instead of building wealth for All) would invariably reduce debt and relieve
become visceral realities for debt ridden current tension upon millions of American
households. Evidenced here are the enormous families. Firstly, debt relief would aim to alleviate
negative effects on the physical, psychological, and current debt holders, and Medicare for All would
economic (short-term and long term) wellbeing of effectively avoid the healthcare pricing crisis we
an individual. This multifaceted problem then are in currently. Studies have shown Medicare’s
requires intricate policy analysis, and a multi-step pricing model to be highly efficient; “of every
approach in order to arrive at a solution. Medicare dollar spent, 99 cents — 99% — goes to
care. Private insurers have come nowhere near
Changing Healthcare and Student Loan Debt that level of administrative efficiency.”i Debt
Both healthcare debt and student loans, relief, totaling over $140 billion, would function as
then, require action; this point is clear, but what a mechanism of healthcare restructuring, as many
that action will be is contested. Solving the debt Medicare for All policies propose, in the form of
crisis continues to be an issue with vastly different universal tax credits, which would function in an
points of view, from that of total and complete important way.
debt forgiveness, to debt relief through existing Under the current forms of subsidies, ESI
programs, to a more conservative, “moral tax exclusions (which function as waivers for
fairness” approach of status quo. Abstractions taxation on employer paid premiums onto
such as these, extrapolations of situations and employer reliant health insurance policies) are
debates on moral rightness and wrongness, utilized to incentivize health insurance rollout to
however morally objective and acute they may be, employees. Comparatively, movement towards a
do more harm then good, however. The reality of federally subsidized system, a Medicare for All

system, could forgo the $270 billion lost to ESI the reduction of not having to bear the burden of
tax exclusions.iv Forgoing tax relief, while the private health insurance industry.xxi For
investing in Medicare for All, would mean less education, just as with healthcare, a fully
money lost through the program than would be restructured system would be beneficial.
lost through tax forgiveness. Debt relief, given A 2021 Brookings report shows what
increased revenue, and decreased reliance on respondents would do with the amount of student
private insurer subsidization and tax relief loan debt forgiven, as well as the effects of
programs, would then be much more feasible. different amounts of student loan forgiveness on
This reduction in money lost to tax forgiveness the respondents’ behavior. Two findings stood
paves a more plausible pathway to effectively deal out here; firstly, the extent to which behavior
with healthcare debt. changed given a certain amount of debt relief.
Furthermore, implementation of Around 30% of respondents who had all of their
Medicare for All would “eliminate patient cost- student debt forgiven said they’d purchase more
sharing so there would be no need for private or better food, and 15% said they’d start a
Medigap policies.”xxi Medigap policies, which business. iii Similarly, those with 50-99%
cover the difference between what is covered by forgiveness said at a higher rate that they’d save
Medicare and what is not, would then essentially more for emergencies (45%), save for a down
become unnecessary, increasing the efficiency of a payment (20%), or return to school (15%).viii
single-payer healthcare system. Furthermore, Secondly, the level of forgiveness appeared to
paying for Medicare for All would be, as laid out matter. Debt forgiveness that was not at a high
by its proponents, a fairly straightforward process, enough level, according to the report, “may not
from programs such as value-added tax, Medicare lead to broad-based changes in households’
payroll tax (which are already taken out of salaries economic behaviors.”viii This indicates that
for many employees), as well as health taxes on forgiveness would not only alleviate the behavioral
injurious substances (pollution, alcohol, cigarettes issues of stress reported earlier, but allow for
as well as other recreational drugs) which would higher levels of reinvestment into the local
offset many suspected costs of switching from economy given higher levels of relief. Solutions
private to public financing.xxi regarding relief have traditionally ranged from
Premiums, or the monthly payment expansion of programs such as PSLF to the
private insurers charge for policy plans, would be complete erasure of student debt by presidential
phased out in favor of increasing payroll taxes, or order. As most student debt is within the holdings
a value-added tax, both of which would be simple of the federal government, this solution would not
to implement. Incremental increases here would be irrefutably impossible. Some progressive
match the costs associated with the premiums politicians, for example, have proposed free
people already pay for health insurance. In terms community college and reduced tuition for public
of GDP, while the cost would be higher in the universities, as well as a cap on student loan
short term, over a longer period, costs would level interest rates.
out and decrease budgetary spending. As of now, The counterpoints against debt relief are
total US medical expenditures are more than 18% numerous, from concerns over cost versus quality
of national GDP. According to analysis by of education, to the moral concern of fairness for
Laurence Seidman, an economist from the those who had to pay for their college themselves,
University of Delaware, since most other but inaction here means an entire generation left
countries do not exceed 12% of total GDP in unable to move past the insurmountable challenge
healthcare expenditures, if the United States, on a of debt. Debt, a mechanism of inequity, operates
Medicare for All system, were to cut costs down in more than one way. Firstly, it places a limit on
to at least half the difference (around 15% instead how individuals can contribute to their
of 18% of GDP), it would have to increase community, effectively financially crippling them.
earmarked taxes by 9%.xxi As Seidman discusses, Being unable to invest in your community, or in
this change, while increasing earmarked taxes for your own future, psychologically preconditions
the program (from 30% for all taxes to 39%), each apathy to an extent. When feeling trapped, unable
year, another 3% of the nation’s GDP would be to pay, or falling behind on a payment, general
open for investment in other areas, in addition to apathy is easier to come by, but when looking

specifically at the plausible legislative and activist garnering increasing support. If there is anything
possibilities, both to be learned from the perils of debt, it is that the
medical debt and student loan debt look road to a society past debt, literally and
increasingly manageable. In modern politics, the structurally, is much closer than we may think.
issue of debt has been increasingly raised, and a
variety of proposals, from full debt forgiveness to
the restructuring of education and healthcare are
______________________________________________________________________________
Aaryuj Trehan ’24 is a sophomore at Brandeis University majoring in Economics and minoring
in Math and South Asian Studies. He is a contributing writer for the Journal.
_____________________________________________________________________________
i Berwick, Don. 2014. “Medicare for All: The Way Forward.” Harvard xiii “Homepage.” RIP Medical Debt. Accessed March 14, 2022.
Public Health Review 1: 1–3. https://ripmedicaldebt.org/.
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Economic Outcomes.” Federal Reserve Bank of Boston. KFF Health System Tracker (blog). Accessed March 14, 2022.
December 2, 2014. https://www.healthsystemtracker.org/chart-collection/u-s-
https://www.bostonfed.org/publications/current-policy- spending-healthcare-changed-time/.
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Forgiveness Plans.” North Carolina Banking Institute Journal 24
iii US Census Bureau. “19% of U.S. Households Could Not Afford to Pay (2020): 449-478.
for Medical Care Right Away.” Census.Gov. Accessed March 14,
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medical-debt-in-united-states.html. of the Great Recession on Student Debt.” SSRN Electronic Journal.
https://doi.org/10.2139/ssrn.3928927.
iv Butler, Stuart M. 2020. “Achieving an Equitable National Health System
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https://www.brookings.edu/research/achieving-an-equitable- 2021. SSRN Electronic Journal.
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v “Topic: Medical Debt in the U.S.” Statista. Accessed March 14, 2022. xviii “Public Service Loan Forgiveness Data | Federal Student Aid.”
https://www.statista.com/topics/8219/medical-debt-in-the-us/. Accessed March 14, 2022a. https://studentaid.gov/data-
center/student/loan-forgiveness/pslf-data.
vi “Free College, Cancel Debt.” Bernie Sanders Official Website. Accessed
March 14, 2022. https://berniesanders.com/issues/free-college- xx Reed, Louis S. “Private Health Insurance in the United States: An
cancel-debt/. Overview.” Social Security Bulletin 28, No. 12 (1965): 3-48.
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xxiv “Student Loan History.” New America. Accessed March 14, 2022.
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https://doi.org/10.1016/j.socscimed.2013.05.009.

A Comparison of Unemployment
Insurance in Western Europe &
the United States
n By Tavorr Vaxman-Magid
Introduction funds its unemployment insurance. The law states

Many on the American political left point that all employers who, “...pay wages to employees
to Western Europe, including Scandinavia, as ideal totaling $1,500 or more in any quarter of a calendar
examples of successful welfare states. Many nations year; or had at least one employee during any day
in Europe not only possess robust welfare systems of a week during 20 weeks in a calendar year,” are
but pride themselves on that fact. In the U.S., many required to pay both state and federal
have sought to simply emulate these policies- after unemployment insurance taxes. This is important
all, if Europe can do it, why couldn’t America? Yet, because only employers pay unemployment
despite various attempts throughout history, the insurance taxes- not employees.
U.S. has nowhere near as robust of a welfare system While states have a right to determine their
as many nations in Western Europe. As a own rates, the federal minimum is 6% of the first
consequence, the U.S. is often criticized for $7,000 paid to an employee per annum, or $420.
abandoning its poorest citizens. In order to explain However, states also collect taxes for their own
this difference, it is important to understand why unemployment insurance programs, and some may
the U.S. welfare system appears so inadequate. This set higher rates, higher wage bases, or both. At the
article argues that this is not a case of U.S. same time, the federal unemployment insurance tax
leadership ‘abandoning’ its people, but rather the can be credited up to 5.4% for employers who pay
structure of its institutions that impedes the U.S.’s state unemployment insurance. This means that for
ability to implement effective and robust welfare every employer required to pay both federal and
programs. To demonstrate the reasons why the state unemployment tax, they only pay $42 per
U.S.’s welfare system appears inadequate, this employee per year (6%-5.4% * $7,000) to the
article compares the unemployment insurance federal government- plus an additional varying
programs in the United States with two major amount depending on their state.
Western European nations, France and Germany, The U.S. Federal Government uses the
in order to determine why it is more difficult to collected taxes for various purposes, including
implement welfare programs in the U.S. Ultimately, subsidizing state unemployment programs and
the reason why the U.S.’s unemployment insurance creating an emergency fund from which states can
programs appear comparatively inadequate to take loans during periods of high unemployment.
those of Western Europe is due to the difference in As a result of this system, states have
their political structures. unemployment insurance programs that are
partially self-financed, and partially financed by the
Unemployment Insurance: America vs. Western federal government. This system means that all U.S.
Europe states have some kind of unemployment coverage,
The unemployment insurance system in and states can choose to increase financing of their
the U.S. is divided between the federal and state programs above what the federal government
governments. The Federal Unemployment Tax Act prescribes.
sets out the system for how the U.S. government

What does this mean for eligible recipients Unemployment II, which is designed as a
of unemployment insurance? Each state gets to supplement for both employed and unemployed
determine the eligibility of individuals for their own individuals who do not make enough money to
unemployment insurance programs within minimal sustain themselves. The qualifications for
federal guidelines. To qualify for unemployment Unemployment II include being older than 15 and
insurance, most individuals must have lost a job younger than retirement age, being able to work,
through no fault of their own, be actively seeking being unable to meet living expenses, and being a
employment, and have earned at least a certain resident of Germany. Unlike Unemployment I,
amount of money during a period before Unemployment II is a wage supplement program,
unemployment. The individual states, however, get which seeks to supplement the wages of individuals
to determine how these requirements are applied, who do not make enough money to sustain
so the exact specifications may vary. Once a themselves. In this way, it is very different from
qualified individual is on unemployment insurance, both Unemployment I and U.S. unemployment,
“[s]tate laws typically aim to replace about half of a both of which seek only to partially replace lost
worker’s previous earnings up to a maximum income.
benefit level.” although the exact percentage of For individuals using unemployment
previous income that is replaced by unemployment benefits in Germany, the benefits are much greater
insurance can range between 33.9% to 54.3%. The in value than those in the United States. Germans
nationwide average for benefits was $378 per week, using unemployment insurance can expect to
payable for a period of up to 26 weeks. receive up to 60% of their previous income (or up
To compare the unemployment insurance to 67% for those with dependents) under a ceiling
structure of the U.S., let’s examine the of 7,100 Euros per month in West Germany and
unemployment insurance program in Germany. 6,700 Euros per month in East Germany.
Although Germany has a federal political system Meanwhile, each individual on Unemployment II
similar to the U.S., the German unemployment can expect to receive up from 283 to 401 Euros per
insurance is managed primarily by the federal month, per household member, for a period of up
government. As a result of centralization, the to 12 months, all paid by their local labor offices.
system is more or less uniform nationwide, with In addition to these direct benefits, unemployment
some adjustments between East and West insurance in Germany often comes with temporary
Germany, a result of different standards of living health insurance and other benefits. Ultimately, this
due to their divergent histories. Germany has two shows a very robust German unemployment
types of unemployment insurance, called system that makes the American counterpart seem
Unemployment I and Unemployment II sorely lacking. Germans on unemployment can
(Arbeitslosengeld I and Arbeitslosengeld II.) make up to 7,100 Euros ($7,890, as of the exchange
Unemployment I, designed for people who are fully rate on March 2, 2022) per month, plus additional
unemployed, are also eligible for individuals who benefits for up to two years, while Americans on
work under 15 hours per week. Recipients must be average make only $1,536 per month.
able, available, actively seeking employment, and To further explore America’s distinctive
have paid contributions to unemployment unemployment system, let’s compare it to another
insurance for at least 12 months out of the two major Western European country, France. France’s
years prior to unemployment. This is very similar unemployment insurance programs are exclusively
to the federal eligibility requirements in the U.S. in operated by its national government. Up until 2019,
terms of their language. The biggest difference is France’s funding scheme for its unemployment
the pay-in qualification, where the German system insurance looked a lot like Germany’s, where both
requires individuals seeking unemployment employers and employees paid into the
insurance to have previously contributed. This is unemployment tax. However, this changed in 2019,
because, unlike the U.S., both German employees and employee contributions were eliminated for
and employers pay unemployment insurance taxes. most cases. Instead, the French government
For Unemployment I, Germans are required to pay subsidizes some unemployment with money taxed
2.5% of their income. This tax is paid equally in part through other social security programs. French
by employees and employers. In addition to employers pay 4.05% in unemployment taxes on
Unemployment I, Germany also maintains every employee’s wages per annum, “subject to the

limit of 4 times the monthly social security ceiling

(€13,712 in 2022.)” This, in addition to the national America’s Institutional Predisposition
government’s subsidies, means that the Compare this with the size of
unemployment program is fairly robustly funded. unemployment insurance in the United States, the
In terms of eligibility, individuals seeking U.S., despite having a higher initial tax rate of 6%,
unemployment benefits must be registered with a has a tiny tax base from which the federal
government agency called the Pôle emploi government collects unemployment insurance. In
(jobseekers’ office;) must be below retirement age; the U.S., only the first $7,000 of an employee's
must have worked at least 6 out of the 24 months wages is taxed on the employers. In France, the tax
before unemployment; and must be unemployed, base is four times the monthly social security
willing, able, and actively searching for employment ceiling, which in 2022 was equivalent to $15,768.
with the Pôle emploi. The two unique features of This is almost twice the size of the tax base in the
France’s unemployment insurance eligibility U.S. In Germany, the tax base is even greater
requirements are their emphasis on the Pôle emploi because there is no ceiling for what percentage of
and its coverage for some voluntary income gets taxed. This results in the US federal
unemployment, such as resignations under specific government having significantly less money
conditions. In France, benefits are also determined dedicated to its unemployment insurance
by whichever option is highest - 40.4% of the programs, compared to France and Germany. This
individual’s income prior to unemployment plus a is evident in how the U.S.’s unemployment
flat sum of 12.21 Euros, or 57% of the individual’s insurance benefits measure up against France and
income prior to unemployment. Benefits are also Germany’s. In the U.S., unemployment seeks to
limited within a range between a flat level of 29.56 replace on average 50% of an individual’s prior
Euros and up to at most 75% of an individual’s income, but due to variations in state programs, it
income prior to unemployment, with a regressive can range from as low as 33.9% up to as much as
rate that decreases the benefit size approximately 54.3%. Even the highest replacement rate of 54.3%
every four months until a minimum level. is still significantly lower than France’s 57-75% and
France’s unemployment insurance system pales in comparison to Germany’s 60-67%, and all
actually shares many characteristics with both the this excludes the additional benefits provided in
German and American systems. Like Germany, France and Germany, such as employment training
France seeks to replace a high proportion of in France or health insurance in Germany. In the
income through its unemployment system, American system of unemployment insurance, as is
averaging around 57% but often as high as 75%. the case with many U.S. government programs, the
Germany, meanwhile, seeks to replace a similar federal government does carry some burden with
proportion of 60%, up to as much as 67%. France’s funding, and enforces minimal sets of guidelines
funding mechanisms for its unemployment but leaves the individual states to determine the
insurance program, however, are slightly different size, shape, and scope of their policies. With
from Germany’s. Although in the past, France had regards to unemployment, while some states greatly
charged unemployment taxes from both employers expanded their insurance programs, others simply
and employees, since 2019, France only requires abide by the federal minimum. As a result, the rates
employers to submit unemployment taxes. of unemployment insurance can range significantly
Germany, meanwhile, charges both employers and in the U.S., but even in liberal states, they never
employees unemployment taxes. To make up for exceed the rates of France and Germany.
the elimination of employee taxes, however, France With this in mind, then, the question
retains a higher tax rate of 4.05% compared to becomes a simple one. Why does the U.S.’s
Germany’s 2.5% unemployment tax rate on income unemployment insurance program pale in size and
and further subsidizes its programs through other scope compared to those of France and Germany,
social security taxes. In the end, France acquires and other nations in Western Europe? One
large amounts of funding for its programs through potential answer is in the differences between the
higher tax rates, while Germany acquires funding cultural and political attitudes of the U.S. as
through larger tax bases. Either way, both of these compared to Western Europe. Unlike most
countries have large shares of income dedicated to European nations, U.S. federalism distributes much
the unemployment program. higher shares of power to its states than in Western

Europe. For countries like France, the unitary welfare remains less robust than Europe's. Cultural
government means the national government is the and political attitudes, however, are complicated
only source of sovereign authority. For other concepts with deep historical and sociological
countries, like Germany, despite having individual roots, and investigating them would warrant
states of their own, or Länder, they are much more further research. Either way, this may demonstrate
beholden to the authority of the national why it is harder for the U.S. to run large-scale
government, and much more limited in their ability nationwide welfare programs like unemployment
to act alone. The American states, meanwhile, act insurance compared to countries like France or
as very strong semi-sovereign entities, and despite Germany.
being required to act within the confines of federal
law, are more or less autonomous. The political Conclusion
system of the United States is one where power is Why is this important? Ultimately, all of
shared and distributed, and federal intervention is this demonstrates that even though the U.S. and
actively discouraged. In comparison, Western Western Europe are often lumped together as part
European nations like France and Germany have of “the West,” they are often very different from
governments that are more centralized- therefore one another. Although there are a lot of similarities
do not have to negotiate with obstructionist that unite the U.S. and Western Europe, such as
political subunits. Thus, the character of political support for democratic and liberal values, it is
institutions provides one possible explanation as to crucial to acknowledge that differences still exist.
why the U.S.’s unemployment insurance program is These differences, even if they appear insignificant,
more inefficient than those of similarly wealthy can actually have outsized effects on how these
Western European nations. However, while different regions express themselves. Many
institutions likely play a big role in this, they may supporters of expanded welfare in America often
not be the only factor. Larger-scale cultural and advocate emulating the welfare programs of France
political attitudes may provide another explanation, or Germany. However, these arguments, while
or at least supplement the institutional one. correct regarding the successes of the European
An additional reason why the US system is systems, often ignore important differences
so ineffective may be Americans' deep aversion between the political structures of the U.S. and
towards high taxes. This aversion to taxation has a Western Europe. Not everything that works in
long history but is deeply rooted in American Western Europe can be implemented in the U.S.,
politics. American politicians often run on so instead of trying to emulate Europe, perhaps we
platforms of cutting taxes, making expansion of would be better off searching for alternative
social programs difficult. Americans also have a solutions. The U.S. has long prided itself on its
deep-rooted sense of rugged individualism, a ability to pioneer new ideas and experiment with
cultural trope that has had a deep impact on new concepts- the country itself was once referred
American political life. This rugged individualistic to as ‘the Great Experiment.’ Perhaps, then, the
ideal often shuns welfare and ‘handouts,’ and solution to the age-old question of unemployment
discourages, and even stigmatizes, individuals who in America- and welfare in general- is not to simply
use unemployment insurance, including other do as Europe does, but to find our own path, and
similar programs. An examination of America's fashion a new American way.
cultural and political outlook is important because
it may explain why even in the most liberal states,
______________________________________________________________________________
Tavorr Vaxman-Magid ’25 is a freshman at Brandeis University majoring in Politics. He is a
contributing writer for the Journal.
_____________________________________________________________________________
i. “Unemployment Insurance.” U.S. Department of Labor. v. Iacurci, Greg. “How Much Unemployment Will I Get?
ii. Kagan, Julia. “What Is the Federal Unemployment Tax That Depends on Your State.” CNBC, April 9, 2020.
Act?” Investopedia, July 18, 2021.. vi. “Germany: Employment, Social Affairs & Inclusion.”
iii. Stone, Chad and Chen, William. “Introduction to European Commission.
Unemployment Insurance.” Center on Budget and Policy
iv. Priorities, July 30, 2014.

vii. “The French Social Security System V - Unemployment

Insurance.” Center for European and International Social
Security Liaisons.

Charter Schools: One Path to the

American Dream
n By Alex Williams
Introduction represent one proven way to increase equality of
Equality of opportunity is the key opportunity for many Americans.
determinant of a fair society. In this pursuit,
nothing exceeds the importance of education. Our Theoretical Benefits
industrialized, meritocratic age requires that The most immediate theoretical benefit of
education and schooling be made available to all, charter schools is their existence as an alternative.
regardless of socioeconomic status into which Most disadvantaged populations are unable to
they were born. The goal of education is to relocate to escape unfavorable social conditions,
provide the nation's youth with a base level of and being unable to afford private schools their
knowledge and skills, out of which talents may be children generally attend poorly funded,
recognized and successfully cultivated. Though underperforming local public schools. While
some children will necessarily start the race ahead efforts exist to help people move to areas with
of others, public education ought to serve as an higher opportunity, they are generally few and far
equalizer, allowing underprivileged and between, which renders the improvement of
disadvantaged students to develop and realize education everywhere a necessity.
their talents with equal liberty and lasting benefit. Despite various initiatives enacted over
The vital importance of education, alongside the years with the intent to improve
the demographic inequalities that persist within underperforming public schools, outcomes still lag
American society, has encouraged the behind. While expenditures per student remain
proliferation of new forms of instruction. Of consistently lower in inner-city and low-income
these, the most noteworthy has been charter districts than in higher-income districts, inflation-
schools, which were first sanctioned by Minnesota adjusted spending per public school student has
in 1991 to exercise an experimental autonomy in risen 39% overall since 1990. Meanwhile, only
their pursuit of a closed achievement gap. Unlike 24% and 27% of twelfth grade students were
public schools which are funded and operated by deemed proficient in math and English
the state and private schools which are privately respectively in 2019.5 Teacher salaries have also
funded and operated, charter schools operate in declined during this period from $1,143 in 1994 to
the middle, receiving funding from the $1,092 in 2015. Most of this money is redirected
government but operating independently of the to sharp increases in the number of educators,
public school system they are located in. staff, and administrators, the consequences of
As of today, there are more than 7,000 which have broadly served to punish salaries and
charter schools serving millions of students across entrench the lesser chances for academic success
the country. Most select students through a among underprivileged students.
random lottery, and are desired by These failures in part explain the appeal
socioeconomically disadvantaged applicants of charter schools. Many Americans, particularly
seeking to avoid poor local public schools without those at the bottom of the socioeconomic ladder,
having to pay for private school. Charters often doubt the ability of public schools to educate and
invoke this story, presenting themselves as a way prepare their children for a successful life and
for talented, underprivileged students to get ahead career. They desire an alternative, a school not
and enjoy the American dream so often restricted associated with wasteful spending and government
to those with greater wealth or social status. inefficacy. The availability of charter schools,
Despite some flaws and regular criticism, charter
schools on net live up to their ideals, and

By their help to vulnerable children during their formative
years, charter schools furnish students with skills and
opportunities that compound over the course of their lives
and into subsequent generations.
regardless of their success, offers parents such a workforce with greater economic security and
new option, and one which incentivizes public long-term earnings. A greater distance from
schools to address the root of their shortcomings. poverty crushes much of the incentive for
criminality, thereby generating a lower rate of
Observed Benefits incarceration. A diminished burden of financial
Beyond their theoretical benefits, charters stress stunts the appeal of alcohol and drugs, with
across the country have achieved tangible all the self-destructive consequences of potential
successes. Research in 2021 assessed those addiction. Moreover, the effects of general
charters located in poorer urban areas improved prosperity, from higher rates of private ownership
the test scores and overall academic merit of their to more stable social arrangements, are cumulative
students, the overwhelming majority of whom and felt across generations. Improved future
were economically disadvantaged. SAT test scores prospects dissuade fathers from abandoning their
for math among students in Boston-based charter families and thereby improve the social security of
schools increased by 52 points, while verbal and their children; indeed, the median income of
reading scores rose by 26 points– improvements married couples with children stood at $82,000 in
of more than 15%. In the case of Boston, the test in 2013, compared to $36,670 for single-father
scores of low-income pupils at charters increased households and $23,640 for single-mother
by a third of a standard deviation per year of households. This combination of factors help to
attendance, a rate of increase sufficient to fully counteract known traps for socioeconomically
eradicate the racial disparity in academic disadvantaged citizens trying to achieve the
performance within a few years. As academic American dream. By their help to vulnerable
performance varies in accordance with living children during their formative years, charter
conditions, it is logical that the influence of schools furnish students with skills and
charters would be most keenly felt in these places. opportunities that compound over the course of
The benefits of charter schools go their lives and into subsequent generations.
beyond test scores. Charter students are more
likely to attend college; research from 2019 Criticisms
indicated that the graduates of 'No Excuse' charter Several criticisms nonetheless dispute the
schools were 10% likelier to attend college and benefits of the charter school model. Some
9.5% more likely to attend for at least four contend that charter schools perpetuate
semesters. Increased college attendance by segregation, while others object to the reputed
disadvantaged demographics facilitates their academic advantages of such schools and their
integration into a high-income professional influence upon the lives of charter graduates.
Additionally, questions persist about the validity
of charter schools purported data, given
accusations surrounding the selection process of
students.
While the selection process must legally
be inclusive of all potential applicants, its model
obligates it to promote its most attractive qualities.

Whereas public schools are entitled to the Rebuttals
students who live within their allotted districts, While each aforementioned concern is
charter schools must rely upon the initiative of valid, none is debilitating or universal. While the
parents and collectively compete for applicants. lottery may minimize outreach to statistically small
Charter schools thus utilize built-in incentives to subgroups of the population, charter schools have
maximize their appeal to elements of the public. no incentive to restrict its engagement with the
They may design their marketing programs to broader ranks of disadvantaged groups, who after
specifically attract the type of applicants they all represent most of its consumer base. Even
receive; for instance, marketing materials may though disabled students have a slight
neglect to display information in foreign languages underrepresentation in charter schools, the vast
in order to escape the attention of immigrant majority of students belong to a lower-income
parents and thereby maximize the representation demographic than the national average. Such
of English-speaking applicants in their lottery. The representation might also reflect variabilities in
schools may also decline certain services, such as demand; that is, the parents of disabled children
transportation fees, as a subtle way of dissuading might simply prefer to enroll their children in
less desirable students from applying. Some of public schools with the knowledge that they
these methods are evidenced by the statistics of its operate with greater sensitivity to the requirements
lottery: 8 to 10% of students in charter schools of mental and physical disabilities. Immigrant
possess disabilities, compared to over 13% for the parents with children who have yet to grasp the
general population. English language might likewise consider public
The most long-established point of schools to be the more comfortable environment
contention surrounds the potential for charter for instruction, in light of their closer association
schools to weaken the wider public school system. with ESL programs and similar initiatives.
Teachers unions in particular have argued since Ultimately, the lottery itself fulfills its intended
the late 1980s that the allocation of state spending function as a means to select its student body
to charter schools constitutes a threat to the through a randomized rather than manipulated
welfare of both educators and public school process.
students. In the event of a mass transfer of Additionally, no effect of charter schools
students from public schools to charter schools, upon other public schools is likely to ruin the
critics predict a depletion of public-school latter. The extent to which the growth of charter
resources that would inflict special harm upon the schools will result in a decline in state investment
quality of education and the salaries of educators. in other public schools depends upon the flow of
Lastly, there is concern that the students from one to the other. State governments
independent nature of charters will contribute to will reallocate funds if public schools lose a certain
the disintegration of national education standards. number of students; however, a decline in overall
A diverse proliferation of education models, spending does not mean a decline in a decline in
whether private or charter or public, necessarily spending per student. Given the fact that the total
fragments the student population. Amid such a number of students enrolled in American public
growing absence of curricular coordination, so the schools only increased from 47 million to 49
argument goes, American students would face million between 2000 and 2014, and spending per
highly mutable standards for skills and knowledge, student increased to a far greater extent for the
with the potential for extensive disparities and same period, it is unreasonable to anticipate that
inconsistencies. For this reason, opponents have these relative rates of spending and enrollment
expressed fear of the experimental nature of will reverse, even in the improbable event of an
charters, with their high decentralization and absolute exodus of urban students. Additionally,
autonomy from the government, and its effects any negative effect of charter schools upon the
upon students. Because charters do not abide by wages of public school educators cannot be
set standards, critics argue, there is a greater contrasted with the present direction of their
chance students fall through the cracks and fail to wages, which for the last thirty years have dipped
achieve a valuable education. even as the amount of state investment in
education has considerably risen. Thus, the
growth and subsidization of charters will not

necessarily subject public schools to a decline in elevate connections and trust between charters
quality. and local public schools, which could foster both
As for fears about the corrosion of coordination and a sense of fraternal association.
national educational standards, the relative These protections, while ceremonial in nature,
independence of charter schools will not should nonetheless serve to recognize district
necessarily expose students to an inferior public schools as the most fundamental fixture of
academic development. Educational American schooling. Additionally, further
decentralization does not incentivize schools to regulation should seek more transparency with
deprive their students of critical skills; indeed, a regard to charter school practices and regularly
poor-performing charter school would suffer publicize such information. Other initiatives might
more than its public school counterpart as envision a new accountability of charter schools,
dissatisfied parents would move to relocate their which operate with greater autonomy and
children to local public schools. The decentralized therefore evade the supervisory role ordinarily
nature of charter school networks thus enjoyed by parents over elected school boards. As
incentivizes continual improvement. Public charter schools multiply and gradually assume a
schools, for whom students are anchored by their position more akin to that of public schools, there
residency, have far less of an incentive to improve will inevitably be more of a demand by parents for
in this regard. Thus, while a degree of their oversight. A more direct link between the
coordination is necessary within any national conduct of charter school operatives and the
education system, the idea that the more responses of parents and regulators should satisfy
centralized an educational model is the more many of these demands.
successful it will be is incorrect. On the contrary,
different degrees of specialization, from that of Conclusion
magnet schools to charter schools, provides the No society can enjoy true equality of
diversity of school choice which incentivizes opportunity without equal encouragement of
continual improvement and greater accountability. ability. Current gaps in academic achievement
That the disproportionate enrollment of between various strata of the US population are
minority students in charter schools reinforces longstanding and persist far beyond middle and
segregation is also misleading. The ethnic high school, preventing millions of students from
composition of charters reflects the randomized achieving middle class status. Charter schools
result of its lottery selection, and thus the ethnic offer a unique way to combat these inequalities, by
composition of its demand; the location of experimenting with various methods of education
chapters are in turn decided in accordance with undeterred by the strict guidelines of school
where demand is most concentrated, which are boards. Their proven track record and popularity
often such as inner-city districts. Studies have among parents indicates their proliferation would
demonstrated that the absence of charter schools be a net positive for American education, and
would only reduce the overall segregation of more specifically those disadvantaged and
students by 5-7%, and in states such as Florida, minority populations who are currently being
New Jersey, Oregon, Arizona, and Georgia, failed the most by underperforming public
charters only negligibly influenced overall schools. With continuous improvements and
segregation. increased regulation, charters might even begin to
appeal to their most ardent of critics.
Potential Reforms
There exist a variety of solutions that
might ameliorate the concerns of critics. First, the
rise in demand for charters must be matched by
an increase in the numbers of charters, in order to
minimize waitlists and improve accessibility for
disadvantaged students. As tuition cannot sustain
these schools, public subsidization is necessary to
remove the financial obstacles to their
establishment. Further solutions should seek to

______________________________________________________________________________
Alex Williams is a junior at Brandeis University, where he is majoring in History and IGS, with
a minor in Studio Art. Alex is a contributing writer to the Journal of Politics.
_____________________________________________________________________________
i. "Minnesota's Charter School Story." MN Association of Charter Network in Chicago. Education Finance and Policy, 14, 3, Pp. 414-
Schools. 440. Publisher's Version. 2019.
ii. Prothero, Arianna. "What Are Charter Schools?" Education Week. x. Booker, Kevin; Gill, Brian; Sass, Tim and Ron Zimmer. "Charter
9 August 2018. High Schools' Effects on Long-Term Attainment and Earnings."
iii. Chetty, Raj; Hendren, Nathaniel, and Lawrence Katz. "The Effects CALDER Working Paper No. 103. National Center for Analysis of
of Exposure to Better Neighborhoods on Children: New Evidence Longitudinal Data in Education Research. January 2014.
from the Moving to Opportunity Experiment." American xi. Brown, Ezequiel and George L. Wehby. Economic Conditions and
Economic Review 106(4): 855-902, 2016. Opportunity Insights. Drug and Opioid Overdose Deaths. Med Care Res Rev. 2019 Aug;
May 2015. 76(4):462-477. 26 July 2017.
iv. "Total and current expenditures per pupil in public elementary and xii. "Median Household Income by Household Type and State, 2013."
secondary schools: Selected years, 1919-20 through 2016-17." Institute for Women's Policy Research.
Digest of Education Statistics. National Center for Education xiii. Haskins, Ron. "Three Simple Rules Poor Teens Should Follow to
Statistics. Join the Middle Class." Brookings Institution. 13 March 2013.
v. Deangelis, Corey. "The Pernicious Myth of Shrinking Public-School xiv. "Do charter schools cherry-pick their students?" Network for
Budgets." National Review. 6 April 2021. Public Education. April 2021.
vi. Allegretto, Sylvia A. and Lawrence Mishel. "The teacher pay gap is xv. Sanchez, Claudio. "From A Single Charter School, A Movement
wider than ever." Economic Policy Institute. 9 August 2016. Grows." NPR. 31 August 2012.
vii. Cohodes, Sarah R. and Katherine S. Parham. Charter Schools' xvi. Strauss, Valerie. "John Oliver hysteria over charter schools – and
Effectiveness, Mechanisms, and Competitive Influence. Working charter supporters aren't happy." Washington Post. 22 August 2016.
paper 28477. DOI 10.3386/w28477. February 2021. Revised May xvii. "Enrollment in public elementary and secondary schools, by region,
2021. state, and jurisdiction: Selected years, fall 1990 through fall 2023."
viii. Angrist, Josh; Cohodes, Sarah; Dynarski, Susan M.; Pathak, Parag Digest of Education Statistics. National Center for Education
and Christopher D. Walters. "Charter schools do more than teach Statistics.
to the test: evidence from Boston." Microeconomic Insights. 7 July xviii. Barnum, Matt. "Do charters further segregate America’s schools?
2017. Yes, new study says, but most blame lies elsewhere." Chalkbeat.org.
ix. Davis, Matthew and Blake Heller. 'No Excuses' Charter Schools 24 July 2019.
and College Enrollment: New Evidence from a High School

Re-examining Private Education &

Social Inequality In Chile
n By Xuantong He
A woman expresses frustration at the national government and forces. Photo by the author, taken in Valparaiso, Chile on Feb 2nd, 2021.
prominent one. Yet, there are problems with the
Introduction legacy of Pinochet’s private-oriented education
The year 2021 marked the second model and for-profit education as they intensify
anniversary of the 2019 Chilean Protest, a series of social inequality. There are possible approaches to
unprecedented, nationwide mass protests and riots address such inequality such as requiring Chilean
against social inequality in the country. The social private schools to adopt a more holistic admission
outburst was a direct result of decades of process.
neoliberal-oriented political economy in Chile
since General Augusto Pinochet’s 1973 coup A Brief History of The Education System in Chile
d'état. During Pinochet’s neoliberal reform, Chile Immediately after Pinochet became
witnessed considerable economic development. president after the coup, Chile underwent one of
Nevertheless, behind the economic reorientation the world’s first and most ambitious neoliberal
and prosperity, inequality remained persistent in experiments. In 1980, a new constitution was
Chile, so dissatisfaction and indignation erupted passed under Pinochet’s military dictatorship,
on October 18, 2019, when more than 3 million significantly restraining the Chilean congress’s
Chilean people went to the streets, demanding an ability to intervene in the economy. Under
end to neoliberalism, especially in education. Pinochet, Chile introduced a voucher system. It
Among a variety of social issues that Chileans are was expected that the system would not only allow
seeking for a change, education is surely a parents and students to choose schools freely, but

also introduce competition into the education attending. The government allows these schools
system, yielding better education quality. autonomy in the selection process and gives
In 1981, the voucher system was officially vouchers to families to afford these schools.
introduced, along with the devolution of Third, school curriculums are deregulated, and
responsibility of the management of schools from school-family relations are commercialized to
the state level to the municipal level as part of create incentives for schools to improve quality.
education privatization. The decentralization
effort in the education system transferred the Testing and Decentralized Funding
administration of primary and secondary schools The primary issue within the Chilean
to more than 300 municipalities. Local education system is unequal access to quality
governments were thus directly responsible for education. To understand this phenomenon, it is
hiring, contracting, and firing teachers. The new imperative to first look at the huge quality gap
labor regulation also deprived teachers’ previous between private and public education, especially in
status as special civil servants and became secondary education. While education quality is a
subjected to the private sector’s labor laws. Also broad concept and complicated to measure, one
under Pinochet, the Organic Constitutional Act of possible approach is to evaluate the education
Education (LOCE) was passed aiming to “lock outcome by students’ demonstrated performance
up” the reform by making any amendment to the in the university admission process. Compared to
current education framework subject to a political other popular indicators like literacy rate or labor
quorum. At the same time, LOCE granted private market demands, it can assess social mobility in
schools a higher level of autonomy in selecting higher education.
their students and designing curriculums. LOCE In Chile, university admission is solely
marked the first new framework regulating the determined by a merit-based standardized test
new education system after the restoration of known as PSU (Prueba de Selección Universitaria) or
democracy in Chile after Pinochet. University Selection Test. Administered by the
Nevertheless, in the following decades Ministry of Education, the test consists of four
after its implementation, LOCE remained largely different subjects covering Spanish, Mathematics,
controversial. Despite its efforts to respond to and two optional subjects from either science or
public concerns, LGE was continuously social science. For Chilean students, the higher
challenged and led to various students protests in scores and ranks one can achieve in the test,
2008 and 2011. The LGE was seen as an means the better university one can attend. At the
extension of the current privatized education outset, PSU allows for merit-based opportunities
system; a new version of the LOCE. In 2013, for students of all backgrounds to demonstrate
public pressure reached a new level. To fulfill her their efforts, learning, and preparation for entering
campaign promise in addressing inequality the college, but this is not the reality.
embedded in the education system, the Law of A significant difference in students’
Inclusion (Ley de Inclusion) was passed in Michelle performance in PSU’s has been continuously
Bachelet’s second term. observed in private and public secondary schools.
Over the past decades, the Chilean For example, a study conducted by researchers
education system underwent deep turmoil. While from the Catholic University of Chile suggests
changes were made, like the LOCE and LGE, that students from private and municipal schools
decentralization and autonomy for private schools were showing increasing differences in their PSU
still guide these policies. In 2014, the United scores since 2004. In the PSU possible final scores
Nations Committee on Economic, Social, and are between 150 to 850. But researchers find that
Cultural Rights gave a summary on the three students from subsidized private schools and
results of education privatization since the 1980s. municipal schools showed almost 100 point
First, the responsibility of administering differences: 551 in private schools and 455 in
institutions has been devolved from the national municipal schools. Over the eight years from 2004
government to municipalities at local levels. to 2011, students in private schools on average
Second, voucher system was introduced whereby progressed by 13 points in Spanish while those
private schools are funded by the partially by the from municipal schools dropped by 7 points. Such
state on the basis of the number of students

increasing gaps mean students from public family background. Private schools favor such
schools are less likely to achieve a satisfactory autonomy partly because it allows them to cater to
wealthy parents who can fund their resources.
“The PSU is a test of knowledge, and in our country the one

with the most knowledge is normally the one who can afford
the knowledge” — Jaime Quintana, former Chilean Senator
score and thus less likely to attend a top university Many wealthy Chilean parents prefer their
or a university at all. children to associate with peers who are like-
Indeed, a 2018 study demonstrates that minded and come from similar backgrounds.
only 30% of students from public schools got Private schools can cater to such demands by
scores good enough to go to university compared favoring “high-value” students who come from
to 43.5% of students from private subsided similar backgrounds as these wealthy students. An
schools and 79% students from independent early study on Chile’s voucher plan identifies this
private schools. Such gaps have been widening phenomenon in Chilean private education and
throughout the years. The 2020 report by the notices a cream-skimming effect, a pejorative term
Universities of the Rectors' Council suggests that referring to the business practice of providing
53% of students attending subsidized private products or services to only the high-value or low-
schools were selected by universities while only cost consumers.
the percentage is only 26% for students in LOCE was repealed, students intending
municipal schools. to apply for private schools were required to
Furthermore, behind the quality gap report parental income whereas public schools did
between Chilean private and public education is not. In addition, LOCE allows schools to require
an inadequate allocation of resources. In Chile, interviews with students’ parents before
public school funding is based on enrollment and acceptance. Campos-Martínez and Olavarría
attendance. For parents, inferior quality in public suggest in their research, that parental interviews
schools means a reduced willingness to send their made the application process less transparent and
children to public schools, leading to an even fair as it allowed private schools to reject students
lower enrollment and attendance. Severely under- based on their parents’ education level and social
supported, some public schools even have status. Such discrimination, was even more
problems paying their teachers and some teachers prominent in Church schools where it is common
serve as volunteers with unstable income in for Catholic schools to reject students of single
municipal schools, which leads to a reduction in mothers or students who are pregnant. The
educational quality. Therefore, the widening discriminatory practice excludes high scoring
quality gap between public and private schools as students of lower socio-economic status. They are
a result of decentralized funding, hardly provides less likely to be seen as “high-value” students for
students with equal platforms to demonstrate their their income and affordability, and their parents’
readiness for university through PSU. educational background. Research on municipal
school enrollment shows that 80.9 % and 72.1 %
Equal Access in the Context of Privatized of Chile’s primary and secondary public school
Education populations were from the lowest five income
The privatized education system resulted deciles. We can attribute some of these
in a quality gap, and students’ access to education. disparities, not only to differences in merit and
The school system does not manage to bring more academic achievement, but also to arbitrary
choices for parents and students like Pinochet’s discriminatory practices.
model intended to achieve. Through the LOCE, The LOCE is no longer in place and since
private schools were granted a high level of 2009 the LGE has been in its place, which has
autonomy in selecting students based on different restricted certain discriminatory selection. In
factors including their ability, identity, religion, or addition, Chile’s 2015 Inclusion Act has explicitly

prohibited this selection of students based on low-income families still end up in public schools
students’ family background at private schools. with inferior quality.
However, the outcomes in education are still far Therefore, to address inequality within
from ensuring equal opportunity in the selection the existing private education system, a subtle
process for all students regardless of balance needs to be found between regulation and
socioeconomic status as 66.7% of private schools private school autonomy. Establishing a public
are reported to still have a screening process in admission committee at municipal levels could be
Chile. To this day, students from the most a possible solution that is less more feasible.
disadvantaged families attend public schools Through legislation, the Government of Chile and
disproportionately. the Minister of Education could also devise a and
Despite that the voucher system intended framework for the admission committee at the
to allow students to freely choose the schools they municipal level. The members of the committee
prefer, regardless of whether the school they could be elected by the residents of the
choose is public or private, the persistent municipality to ensure the representation of
discriminatory selection that hinders free school different groups. The general school board system
choice still exists today. While efforts have been in the United States could serve as a valuable
made to address such discrimination practices in reference in ensuring the committee best
private institutions, students from low-income represents students from different social
families continue to make up most of the student backgrounds. Stakeholders in private sectors
body in public schools. The exclusion of students should not be excluded from the committee but
from particular backgrounds, in addition to the the criteria of the selection process should win the
affordability issue and the quality gap between approval of the majority in the committee.
public and private schools, constitutes the Discriminatory practice targeting
fundamental basis of the inequality in the Chilean students’ family background, family income level,
education system. or parents’ education level, is very unlikely to be
Privatized education has a profound adopted through this kind of committee. Once the
implication on intergenerational and social selection criteria are agreed by the committee, the
mobility. Studies have demonstrated the huge gap committee should employ workers to review
in public and private school students’ performance students on a case-by-case basis following the
in PSU tests, which serves as the sole evaluation established criteria. By doing so, the incumbent
standard in college admission. Decentralized government will be able to fulfill its campaign
funding and discriminatory interviewing processes promise and the discriminatory selection process
bar qualified low-income students from high will be addressed. Instead of an arbitrary law that
quality schools. Higher quality schooling leads to explicitly bans the discriminatory practice, through
better economic prospects and so social mobility an admission committee the government plays no
is thus hindered when students of disadvantaged part in either supporting or opposing the current
backgrounds find it challenging to improve their selection process.
economic and social status through their
schooling. Policy limitations in the Chilean Conclusion
private-orientated education system, including Over the past decades, the education
quality gaps and discrimination in the selection system in Chile had unintended consequences that
process are what lead to the growing social resulted in growing social inequality relating to the
inequality. quality gap and discriminatory selection process in
schools. This article not only examined how
Policy Recommendations treating education as a commodity in a free market
Aware of the situation, the Chilean has affected certain groups’ abilities to achieve
government made several legislative efforts over higher academic achievement based on their own
in the past decades trying to address the issues in merits. With the discussion of some possible and
the privatized education system. However, limited effective approaches, it remains to be seen if and
progress has been achieved when we are seeing an how the new Chilean constitution will bring a
increasing gap in students’ performance in the change to the enduring educational as well as
test. Furthermore, large portions of students of social inequality in the country.

______________________________________________________________________
Xuantong He ’23 is a senior at Brandeis University majoring in Politics and International and
Global Studies. He is a contributing writer for the Journal.
_____________________________________________________________________________
i. AFTHQ. “How Free-Market Education in Chile Fails the ... https://www.gi-escr.org/publications/summary-of-issues-
- Youtube,” June 19, 2013. for-the-un-committee-on-economic-social-and-cultural-
https://www.youtube.com/watch?v=ZclDX-VAUak. rights-pre-session-on-chile-december-2014-1.
ii. Campos-Martínez, Javier, and Dayana Olavarría. “Learning vii. Latercera. “Solo 30% De Quienes SE Inscribieron Para La
from Chile’s Student Movement:” The University and Social Psu En El Sector Municipal, Quedó Seleccionado.” La
Justice, 2020, 98–115. Tercera, February 9, 2020.
https://doi.org/10.2307/j.ctvx077w4.10. https://www.latercera.com/nacional/noticia/solo-30-
iii. Carnoy, Martin, and Patrick J. Mcewan. “Privatization quienes-se-inscribieron-la-psu-sector-municipal-quedo-
through Vouchers in Developing Countries: The Cases of seleccionado/484973/.
Chile and Colombia.” Privatizing Education, 2018, 151–77. viii. Matear, Ann. “Barriers to Equitable Access: Higher
https://doi.org/10.4324/9780429498015-7. Education Policy and Practice in Chile since 1990.” Higher
iv. CONSEJO DE RECTORES DE LAS UNIVERSIDADES Education Policy 19, no. 1 (2006): 31–49.
CHILENAS. Rep. Anuario Estadístico 2020. Santiago, https://doi.org/10.1057/palgrave.hep.830011
Chile: CONSEJO DE RECTORES DE LAS ix. OECD. “Education at a Glance 2020: OECD Indicators.”
UNIVERSIDADES CHILENAS, 2021. OECD Publishing, 2020.
v. Fossa, Lissette. “PSU:Académicos Acusan Que Consolida https://doi.org/10.1787/19991487.
La Desigualda.” CIPER Chile, December 13, 2011. x. OECD. “Education at a Glance.” Education at a Glance
https://www.ciperchile.cl/2011/12/12/psu-academicos- 2016: OECD Indicators, 2016.
acusan-que-consolida-la-desigualdad/#. https://doi.org/10.1787/19991487.
vi. GI-ESCR. “Summary of Issues for the UN Committee on xi. OECD. “Education at a Glance.” Education at a Glance
Economic, Social and Cultural Rights Pre-Session on Chile 2016: OECD Indicators, 2016.
(2014) - Gi-ESCR.” GI. GI-ESCR, December 2014. https://doi.org/10.1787/19991487.

Bargaining Against Americans:

How Public Sector Unions
Undermine Accountability and
Hurt Citizens
n By Michael Schwartz
Coolidge’s instinct (which was shared by FDR),
Introduction that police officers do not have the right to strike
In 1919, the Boston Police Department against public safety, was wise, but it must be
threatened to unionize, demanding better working broadened. Police officers and public school
conditions and higher pay. In September, after teachers, as public servants, must first and
being forbidden from doing so by their foremost be answerable to the people they serve.
commissioner, nearly three quarters of the force By making labor demands, with tacit or express
went on strike. Several days of violence and nights threats of striking, government employees hold
of looting ravaged the streets of Boston. The hostage and hurt the very people they are meant
police commissioner, backed by the Governor of to protect and educate.
Massachusetts, still refused the demands of the
strikers and formally discharged them from their Union History
duties entirely. The Governor then called up the The first push for police unionization
National Guard. Meanwhile, the president of the occured in the wake of World War One. The
American Federation of Labor, Samuel Gompers, Boston Police Department was one of the first
wrote to the Governor in an attempt to defend American police departments to drive for
the strikers and encourage their unionization. The unionization, but due to its failure it was, for
Governor refused, saying, “There is no right to decades, one of the last. A second push in the
strike against the public safety, anywhere, 1940s failed as well. Their time finally arrived in
anytime.” The Governor’s ultimate victory in the the 1960s, when several associations of police
Boston Police Strike gave him national officers, which were not strictly unions, got their
prominence. The next year, in large part because members elected to public office in several
of his hard line in 1919, he was named the American cities. It was also during this period that
Republican candidate for Vice President. In 1923, public sector unions at large were given collective
when Warren G. Harding died, that former bargaining rights by their state governments. Since
Governor, Calvin Coolidge, became the thirtieth then, police unions have gained legitimacy and
President of the United States. spread throughout the country. Today, roughly
Following the murder of George Floyd by three-quarters of all police officers nationwide are
a Minneapolis police officer in 2020, police members of a union. Nearly all of these unions are
unions– and their tendency to protect negligent local and officially independent from other
officers from legal repercussions– surged back unions, though the Fraternal Order of Police and
into the national conversation. While police the National Association of Police Organizations
unions are a special case, due to their ability to act in many ways as unions on a national scale.
administer violence, other public sector unions, Teachers unions tend to look very
such as teachers unions, deserve similar scrutiny. different. There are two main national unions of

public school teachers, each with state and local working in factories. These victories, and the
affiliates. The National Education Association private workers’ unions that aided in them,
(NEA), founded in 1857, has roughly three million represent unequivocally good transformations for
members. It is the largest public sector union in America. This article is not intended as a rant
the country. The American Federation of against the strong work of labor unions altogether.
Teachers (AFT) has over 5,000 local divisions and Public sector unions, however, represent an
1.7 million members as of 2017. It was founded as entirely different story. They have become much
a subsidiary of the AFL-CIO in 1916. With major more than organized labor. They are significant
institutional support, teachers’ unions have rarely policial operations which wield extensive powers
faced the same resistance that police unions did and shield their members from oversight and
during their inception. much-needed corrections. Public sector unions are
Despite these differences, police and lobbying groups, which like all other lobbying
teachers unions have a lot in common. Both groups represent the interests of their clients. The
police officers and public school teachers are paid problem, as Calvin Coolidge would rightfully
mainly by their local or state governments. argue, is that their clients, or in this case due-
Teachers make up over a quarter of local and state paying members, are government employees and
government workers, giving them significant sway public servants themselves.
in local and state governments. Both unions go
above and beyond to push legislators for favorable Purpose
policies: better working conditions, higher pay, The ultimate goal of public schools,
limited oversight, and more. For example, the contrary to what some unions advocate, is not to
AFT spent over $45 million in lobbying and over provide jobs. That may be a helpful byproduct,
$3 million on lobbyists in 2019 alone. Most of this and, to the extent that schools do provide jobs,
political action and spending is done at the state or their employees deserve to be paid fairly. The
local levels. However, they also contribute tens of primary aim of all schools, however, is to provide
millions of dollars to candidates for federal office, a comprehensive, quality education to students. In
most of them Democrats, and lobby members of addition to the obvious fact that the bargaining
Congress and the Department of Education. activities of public sector unions drive up public
During the 2020 election cycle, the NEA made cost and taxation (even for those who do not send
$45 million in political contributions to candidates their children to public schools), teachers unions
and campaigns. The top two spenders during that undermine the true purpose of public schools.
cycle among public sector unions were both Unions theorize that more spending on teachers
teachers unions. Over the last two decades, police will yield greater results for students, yet the data
unions have given over $100 million to political suggests this simply isn’t true, and hasn’t been for
campaigns, most of them state and local races. If a some time. In 1987, a study was published which
legislator then chooses to pursue policies that are linked teachers’ unions to a decline in SAT scores.
not favorable to teachers, they would inevitably While results of studies performed on the general
lose much needed campaign funds and the effect of unions on student performance are
support of key political players– the leaders of mixed, it is clear that unions tend to hurt the
these unions– who consider millions of voters, be already lower achieving students the most,
they officers or teachers, as their followers. creating a significant blockade for upward mobility
Labor unions are intended to give the in American society. In the time that teachers’
power of collective bargaining to their members. unions have grown in power and prestige,
The National Labor Relations Act of 1935 (The American students have fallen behind– Americans
“Wagner” Act), in which Congress ensured the now rank 40th in math literacy, 25th in science
right of private sector employees to bargain literacy, and 24th in reading globally.
collectively in unions, was a beneficial piece of
legislation. Throughout American history, unions
have played an important and virtuous role in
safeguarding millions of workers against unfair
and unsafe conditions. Unions have ended child
labor and protected young women and immigrants

decades to come. Private schools, for the

In protecting and defending government employees, these privileged few who can afford it, protect students
and provide them with an elite education through
unions do continuous damage to the common good. teacher accountability. It’s no surprise that parents
nationwide took their students out of public
Teachers and police unions harm public interest and
increase inequality in America.
Optics vs Reality
If you’ve seen a picture of or attended a schools in favor of private options during the
demonstration of striking teachers, you would pandemic. But most people cannot afford this
notice that they publicly say that they are simply option. Inequality in American education drives a
trying to get fair working conditions and wages wedge of class and caste in America, and teachers
and enough supplies to teach their classes. In unions deserve much of the blame.
some instances, teachers really do need those The negative effects of police unions on
supplies and raising their pay, in some form, equality and public safety in America are even
would be good for public school education. It is more obvious. Derek Chauvin, the police officer
clear, however, that teachers unions are interested who murdered George Floyd, already had 18
in far more extensive and complex changes than complaints filed against him before that fateful
more pay and supplies alone, and they are willing day in May 2020. How did he remain on the
to engage in somewhat nefarious activities to force? In a 2020 piece for National Affairs, Daniel
achieve their interests. Teachers’ unions have DiSalvo notes how unions make it nearly
undergone extremely deliberate campaigns against impossible to discipline wayward officers such as
needed reforms to public education. They hurt Chauvin. In many cities, unions have bargained
students by objecting to merit based pay systems. with local governments to create “labor contracts
Unions argue that we do not measure merit with [which] allow — or even require — the
the proper metrics and that some teachers will be expungement of officers' records of past
hurt by merit based pay. Firstly, if Americans are disciplinary actions or accusations of misconduct.”
really invested in the education of their children, If a superior officer decides to discipline an
they will be able to devise a fair and proper officer, the accused can often appeal to an
scheme of merit when it comes to the pay of arbitrator, most of whom are de facto appointed
teachers. Secondly, while it is true some teachers by police unions themselves. This arbitration
will be hurt, that is the inevitable result of insisting happens in secret, so there is no accountability.
on a good education for American students. If Even if an officer is punished, their labor
American cities started paying their teachers based contracts allow them to appeal repeatedly. In
on merit, many of the best teachers would see 2017, a Washington Post investigation revealed
their salaries rise. Unions also block reforms to that 45% of police officers terminated for
teacher tenure, championing seniority and misconduct between 2006 and 2017 were rehired
preventing bad teachers from termination. Bad after they, with union backing, appealed. Stephen
teachers hurt students and stifle their potential, Rushin of Loyola University Chicago School of
and unions take no interest in ensuring that public Law finds that “states and municipalities have
school teachers are actually qualified and given police officers procedural protections
competent. designed to thwart internal investigations, thereby
In recent years and months, teachers limiting officer accountability.”
unions nationwide have forced school districts to These protections are a direct result of
go online to serve their members’ interests. Once unionization. The Bureau of Justice Statistics
again, the unions put public school students last; concluded in 2006 that, “officers in unionized
the virtual classroom environment has caused police forces are more likely to be the subjects of
serious setbacks for students which will be felt for an excessive-force complaint, but more likely to
beat the allegations in disciplinary hearings."

Unions give negligent officers a sense of security: members have tainted their efforts, hurt public
if they mess up, they have their unions and safety and student achievement, and are in
favorable contracts to back them up. While studies desperate need of serious reform.
on racial bias in excessive force are not ubiquitous The steepest hurdle is political: while
or unanimous in their conclusions, overall it seems progressives staunchly support police reform, they
likely that race factors into police conduct. Thus, still back labor unions, including teachers’ and
unions have a direct, harmful impact on American
other public sector unions. And while
equality. Once again, these policies could be
reformed, but only if politicians are willing to conservatives have historically supported
expend serious political capital by arguing and education reform against the desires of teachers’
voting against the wishes of police unions. unions, “backing the blue” seems to be a tenet of
Public sector unions and their supporters, current Republican ideology, no matter how
including those in the current administration, corrupt and destructive police unions prove
argue that without them, government employees themselves to be. If Americans can overcome the
would not be paid fair wages or have safe and temptation to score political points, they might be
stable working conditions. Of course, both able to achieve reasonable solutions.
teachers and officers deserve to be paid a fair The first step towards a solution is an
wage and have fair working conditions. But attitude change. We must, as a country, affirm that
fairness must go both ways. If teachers want the job of police officers is to protect us and the
higher wages they must expect more job of public school teachers is to teach our
accountability. If police officers want more
children. They work for us, not the other way
benefits, they must expect more oversight. Only if
public workers, individually and collectively, are around.
willing to be held to higher standards will a raise in Police unions and teachers’ unions have
their wages be “fair.” In the meantime, unions are different functions and exist in very different
continuing their extensive lobbying, and the contexts, and thus warrant different policy
results are clear. In protecting and defending prescriptions. Teachers unions can be fought off
government employees, these unions do with charter schools or school vouchers from
continuous damage to the common good. state and local governments, so parents can
Teachers and police unions harm public interest choose to send their children to schools where
and increase inequality in America. students will be prioritized. States can reform
teacher tenure and empower school boards to
Conclusion terminate and discipline bad teachers, regardless
The solution to this problem, like all
of how long they have taught in that school
public policy challenges, is not as simple as
district. States can empower citizen review boards
activists on either side of the political spectrum
that have access to police disciplinary arbitrations
make it out to be. We should not defund the
or, as Rushin argues, get rid of the process
police or our schools: that would be crazy,
altogether, and allow city councils and mayors’
dangerous, and lead to chaos. We need law
offices to discipline bad officers. It is not clear
enforcement and teachers. Police who die or are
which of the many possible solutions is the right
injured in the line of duty protecting civilians are
one. It is clear that the status quo is not
heroes. Teachers who selflessly work hard
sustainable. It’s time to bust public sector unions.
everyday to ensure American children can be
educated deserve immense praise. However, the
unions of which these public workers are
______________________________________________________________________
Michael Schwartz '24 is a junior at Brandeis majoring in Politics. Michael is a contributing
writer to the Journal of Politics.
_______________________________________________________________________
i. Cowen, Joshua M., and Katharine O. Strunk. “The
Impact of Teachers’ Unions on Educational

Outcomes: What We Know and What We Need to vii. Perkins, Tom. “Revealed: Police Unions Spend
Learn.” Economics of Education Review, October Millions to Influence Policy in Biggest US Cities.”
2018. The Guardian, June 23, 2020.
ii. DeLord, Ron, and Ron York.” LAW viii. “Public Sector Unions: Top Contributors to Federal
ENFORCEMENT, POLICE UNIONS, AND Candidates, Parties, and Outside Groups.”
THE FUTURE: Educating Police Management and OpenSecrets.
Unions About the Challenges Ahead.” Charles C ix. “Teachers Unions.” OpenSecrets.
Thomas Publisher, 2017. x. Shumate, Sam. “Teachers’ Unions Should Stop
iii. Dickler, Jessica. “Virtual School Resulted in Putting Seniority before Performance.” National
‘significant’ Academic Learning Loss, Study Finds.” Review, May 16, 2017.
CNBC, March 30, 2021. xi. DiSalvo, Daniel. “The Trouble with Police Unions.”
iv. Goldstein, Dana, and Noam Scheiber. “As More National Affairs, Fall 2020.
Teachers’ Unions Push for Remote Schooling, xii. “Top Ten Reasons Why Merit Pay for Teachers Is a
Parents Worry. So Do Democrats.” The New York Terrible Idea.” Best Accredited Colleges, October
Times, January 8, 2022. 20, 2021.
v. Kurth, Michael M. “Teachers’ Unions and xiii. Will, Madeline. “Denver Teachers to Strike Over
Excellence in Education: An Analysis of the Merit-Pay System.” Education Week, February 7,
Decline in SAT Scores.” Journal of Labor Research, 2019.
December 1, 1987.
vi. “Letter on the Resolution of Federation of Federal
Employees Against Strikes in Federal Service.” The
American Presidency Project, August 16, 1937.

Could the European Union’s

Agricultural Policy Serve as a
Framework for United States
Agricultural Policy Regarding
Disadvantaged Farmer Support
Improvement?
n By Ada Wagar
Introduction management tools started to be enacted such as

Prior to the creation of the U.S. Farm Bills, the Federal Crop Insurance Act. Laws centered
agricultural policy in the United States primarily around ecological crises such as soil conservation
focused on land distribution, support for and domestic allotment were also implemented in
education and research programs to increase this second bill. The first truly omnibus Farm Bill
agricultural productivity, and programs to provide was passed in 1973 as it included food assistance
farmers with market information to increase programs and expanded the scope of the bill
competition. The first Farm bill was passed in beyond farm supports, to other policy areas that
1933 as a part of the New Deal in building back affect the agricultural sector.
after the great depression and was called the The United States Department of
Agricultural Adjustment Act of 1933. It created Agriculture defines socially disadvantaged farmers
programs to reduce surplus and raise crop prices. and ranchers as, “those belonging to groups that
Farmers were eligible for federal support such as have been subject to racial or ethnic prejudice.”
subsidies in exchange for agreeing to reduce the Although some programs target this group
production of certain crops. This was all in an specifically under the various Farm Bills, most
effort to achieve parity, which is fair exchange tend to focus on a wider range to include
value for agricultural products. beginning and limited resource farmers and
United States Agricultural Policy has since ranchers, and more recently female farmers and
been encompassed by various Farm Bills. These ranchers. Beginning farmers and ranchers are
bills cover all areas in the agricultural sector and defined as, “ someone who had materially and
are reviewed every five years in order to address substantially participated in the operation of any
current policy issues. 18 Farm Bills have been farm or ranch for 10 years or less,” and limited
passed since 1933, with the most recent being the resource farmers qualify if they “[have] low farm
2018 Farm Bill. The themes of price control and sales and low household income for 2 years in a
other forms of support for farmers have row.” Under the direction of the U.S.D.A. Farm
continued as the bill’s primary goal throughout its Service Agency, a portion of all of its loans and
iterations. In the Farm Bill of 1938 important risk funds are aimed to target farmers and ranchers

that have been historically underserved, which (S.C.O.) meaning that producers enrolling in the
includes women. For simplicity the general term Price Loss Coverage Program (P.L.C.) can
of disadvantaged farmers will be used to annually choose whether or not to purchase
encompass all aforementioned groups. additional crop insurance coverage. This policy
provides farmers with cost subsidization and
2014 Farm Bill in Regards to 2018 Farm Bill indemnities directly determined by yield and
The Farm Acts in the 1990s began allowing revenue losses in the county or area. If enrolled,
disadvantaged farmers and ranchers eligibility to farmers have the option to cover certain portions
receive benefits from the variety of programs of their crop with crop insurance based on
offered under previous bills. Specifically - in the expected county yields yearly, maximizing their
2018 Farm Bill - these farmers qualify under Titles revenues. The fourth area also has to do with
I, II, V, VII, X, XI, and XII. The newest Farm Bill S.C.O.. It allows producers to forgo a penalty if
does not differ greatly from its predecessors. they withdrew from the program prior to their
There are a few major changes that reflect the acreage reporting date. By permitting the
bill’s focal points of nutrition assistance, crop withdrawal early, producers are given extra time to
insurance, commodity support, and conservation. make informed decisions on whether to enroll in
Most of these provisions are meant to last only S.C.O. or the Agricultural Risk Coverage Program.
until 2023, when the next Farm Bill will be passed, (A.R.C.) Furthermore, they will not be charged a
but a few are meant to last beyond. The new crop insurance premium if they choose to enroll
changes, as well as continued programs, have in the A.R.C. Program as long as they withdraw
important implications for disadvantaged farmers. from the S.C.O. within the aforementioned time
First, the Supplemental Nutrition frame.
Assistance Program (SNAP) is set to continue The fifth area extends disaster programs
with minor changes from the previous farm bills. that were passed in the 2008 Farm Bill indefinitely
The Bill does not address support for which helps disadvantaged farmers be eligible for
disadvantaged farmers, but it is an important aid without purchasing crop insurance or
benefit to needy families in the U.S. Secondly, Noninsured Crop Disaster Assistance Program
crop insurance options as well as agricultural coverage. This further includes Livestock Forage
commodity programs are maintained from the Disaster Programs, Livestock Indemnity
2014 Farm Bill. Unlike SNAP, this does have Programs, Emergency Assistance for Livestock,
important implications for disadvantaged farmers, Honey Bees, and Farm Raised Fish Programs, and
highlighted in six areas. Tree Assistance Programs. The sixth, and final
The first of these areas is the Noninsured area, once again includes the H.E.L.C. and W.C.
Crop Disaster Assistance Program. This program programs. It requires compliance with these
has been expanded to now include protection programs in order to participate in most Farming
similar to “buy up” provisions in the Federal Crop Service Agency, F.S.A., and Natural Resource
Insurance Programs. In other words, it now has Conservation Service programs, helping to further
higher coverage levels. For disadvantaged farmers, H.E.L.C. and W.C. agendas. These are the only
this means that a waiver of service fees has been true focus areas that are set to continue, the other
expanded to include beginning farms and socially three see changes made through the 2018 Farm
disadvantaged farmers, where initially it just Bill.
included limited resource farmers. Secondly, this The first focal point that saw major changes were
section addresses that, in compliance with Highly the conservation programs. Although major
Erodible Land Conservation (H.E.L.C.) and conservation programs were renewed under this
Wetland Conservation (W.C.), a premium bill, a few saw significant modifications.
assistance is added for crop insurance. This The Conservation Reserve Program (C.R.P.)
benefit promotes the continuation of conservation which includes the Conservation Reserve
programs, and also adds new benefits for Enhancement Program and the Farmable
determinations, administrations, and penalties that Wetlands Program were renewed under this bill.
are uniquely related to crop insurance. The modifications add two new pilot programs
The third of these areas is the under the C.R.P .which are the Soil Health and
continuation of the Supplemental Covers Option

Income Protection Pilot Program (S.H.IP.P.) and does not mean though that the current Farm Bill
the Clean Lakes, Estuaries, and Rivers priority. does not set up a good framework, but it is
The second focal point that also saw major immature and other policies form global leaders,
changes regarded programs related to trade, such as the European Union could be examined in
research and extension, energy, specialty crops, order to add additional support and make up for
organic agriculture, local and regional foods, and, the faults in these bills.
most importantly, beginning, socially
disadvantaged, and veteran farmers and ranchers.
For these farmers, this focal point is broken down
into four areas. The first area makes it so that
farmers with 10 or less base acres that are socially
disadvantaged, with limited resources, or
beginning farmers or ranchers are eligible for
P.L.C. and A.R.C. payments. The second concerns
the S.H.I.P.P. in regards to annual rental
payments. It makes it so that there is only cost-
share for beginning, limited resource, socially
disadvantaged, or veteran farmers, but not for
practiced establishments. The third area deals with
the Emergency Conservation Program. After
natural disasters have damaged farmland and
ranchland, this program provides emergency cost-
share assistance. For establishing support in order
to return land to a condition similar to that of One main argument that has circulated concerning
before the natural disaster, in general, producers the helpfulness of these Farm Bills to
receive up to 75 percent cost-share. In the past, disadvantaged farmers is that policies tend to butt
limited resource producers were permitted to heads. This is due to a politicized concept of
receive up to 90 percent cost-share, but this recent national interest. In short, these Bills tend to see
bill now includes socially disadvantaged and immense variation over time based on how
beginning farmers and ranchers. The final area Congress sees the US as a global actor. Therefore,
concerns the Farmers Loan Program Limit, this bill is greatly dependent on situational context
increasing it to include that all socially rather than the timely progression of a policy that
disadvantaged and beginning farmers can receive continually benefits these farmers. Another
guaranteed ownership of their farms equal to 95 example of the politicization is how different
percent. The previous guarantee was 90 percent. presidents respond to it. Due to differing
The third and final focal point that has seen major ideologies on the concepts of climate change,
changes is in spending. Spending under the 2018 privatization, protectionism, and again so called
Farm Bill increased by 1.8 billion, the proportions national interest, the way in which the executive
of which can be seen in the chart below. branch approaches this bill can too negate its
intended effectiveness. A journal from the
Cambridge University Press brought up this
Analysis
In short, these modifications and question of national internet best, writing that it,
increases in spending encompass the areas of “begs larger questions of how our nation balances
the related goals of supporting a strong domestic
commodities, conservation, credit, grants, crop
insurance, and miscellaneous initiatives for these agriculture, promoting trade without
farmers. Through a wide breadth of intended disadvantaging farmers in other nations, and
influence it is evident that the Farm Bills have prioritizing food security alongside agricultural
increasingly included programs to help these production both domestically and
farmers, but the question remains is this enough internationally.”And so it can be seen that
to level the playing field. Based on other factors arguments uncovering the functionalities of the
implementation of this bill highlight its
brought forth by arguments surrounding this
question, it is my understanding that it is not. This shortcomings.

In comparison with the European Union A more robust solution for the United States
Common Agricultural Policy these disparities can Farm Bills to amplify the positive effect on
start to be uncovered. Without going into disadvantaged farmers would be to adopt similar
extensive detail, one of the two Common frameworks to those in the E.U. In short, the Bill
Agricultural Policy’s main focuses for the 2023- should focus a larger percentage of the budget on
2027 revisions is on creating a fairer policy. Due investing in programs to prioritize these farmers.
to this intensified focus, this policy is able to have This is not to say that the current Bill does not
more coverage, focusing specifically on the provide these supports, but due to current global
redistribution of income support, active farmers, challenges added assistance would greatly
social conditionality, convergence of payments, influence the permeability of these programs. The
supporting young farmers, and improving the insurance of the longevity of their careers, with a
gender balance. Income support in particular is higher center of attention on learned sustainable
especially helpful to disadvantaged and young practice and environmental support would also be
farmers through this program, and an important a result. By focusing more on income support this
focus in order to get more young people to would make this field more appealing to the
become farmers. This has increasingly become a younger generations ensuring Americans continue
challenge not only for the European Union, but to be well fed. This would allow for small farmers
also the United States. This information is both to continue to survive alongside large corporate
widely available and easily understandable, farms increasing the diversity in the field, as well
allowing for accessibility. Furthermore, this policy as the quality in the grocery stores. Lastly, the Bill
has a large focus on rural development, something should be made so that it does not fluctuate so
that the US lacks to this same intensity. The much with national interest. Either by extending
Common Agricultural Policy within rural the longevity of it before review, or having set
development focuses on spending on climate and long term development goals, removing some of
the environment, supporting local actions, the politicization would allow this Bill to have a
promoting smart villages, and providing financial larger impact.
instruments.
______________________________________________________________________________
Ada Wagar is a Freshman at Brandeis, and intends on majoring in Politics and IGS and
minoring in Legal Studies and Italian. She is a contributing writer for the Journal.
_____________________________________________________________________________
xix. Key, Nigel and Todd, Jessica E. “Socially Disadvantaged, xxiii. Lehrer, Nadine. “US Farm Bills and the 'National Interest': An
Beginning, Limited Resource, and Female Farmers and Historical Research Paper: Renewable Agriculture and Food
Ranchers.” USDA ERS. Systems.” Cambridge University Press, July 17, 2018.
xx. “Agriculture Improvement Act of 2018: Highlights and xxiv. “The New Common Agricultural Policy: 2023-27.” European
Implications.” USDA, Agriculture Improvement Act of 2018: Commission, February 17, 2022.
Highlights and Implications. xxv. “Rural Development.” European Commission, November 22,
xxi. “2014 Farm Bill Fact Sheet.” USDA Farm Service Agency, 2021.
March 2014. xxvi. “Income Support Explained.” European Commission,
xxii. “The 2018 Farm Bill – What Is New and What Has Changed.” December 9, 2021.
United States Department of Agriculture.

Reducing Emissions in
Developing Nations
n By Joseph Pendleton
Introduction as well as in local climate action plans for states,

Climate change poses an immense threat to communities, universities, and businesses.
environmental and human wellbeing. The most Nonetheless, CJ is difficult to strictly define: the
comprehensive science to date overwhelmingly Intergovernmental Panel on Climate Change notes
suggests that it will have severely destructive that CJ is “used in different ways in different
impacts in the near and long-term future. Extreme contexts by different communities.” Still, there
weather events such as forest fires and heat waves are some common themes that run throughout
will increase in both frequency and intensity. the popular usage of the term. Essential to CJ is
Widespread drought will become the norm in arid the notion that the costs of climate change will be
regions, while other areas will experience unevenly distributed across different communities
intolerable precipitation. Rising sea levels will and peoples. For example, while sea level rise
threaten island nations, erode coastal threatens island nations, some communities in
infrastructure, and contaminate freshwater colder countries are likely to benefit from a
aquifers. Species will go extinct, disturbing and general increase in temperature. Furthermore,
consequently weakening crucial ecosystems, and even among those negatively affected, wealthier
indirectly, climate change will have far reaching communities are better able to bear the costs of
impacts by exacerbating political conflicts and adapting to climate change. Another concept
humanitarian crises. Indeed, the World Health often associated with CJ is the idea that the
Organization estimates that between 2030 and communities which will suffer the most from
2050, climate change will cause an additional climate change have contributed to it the least.
250,000 deaths each year. In the following Long-industrialized countries have emitted the
decades, this number will likely increase. most total carbon by a significant margin, but
today's developing countries will pay the price.
The Concept of Climate Justice These two concepts - uneven distribution of
Fundamentally, climate change is a moral effects and differing historical responsibility -
and political problem. Humans created the climate constitute a general, though admittedly
crisis, and humans largely hold the power to incomplete, conception of CJ.
change its course and decrease the harm that it Although discourse on the subject is not yet
will cause. The question of which measures we extensive, CJ has often been used to emphasize
should take to mitigate climate change is hotly the importance of two concepts: a "just transition"
contested, but both popular and academic analyses and a "just outcome." "Transition" refers to a
of climate change have increasingly turned to the transition from our current, carbon-reliant world
concept of "climate justice" (CJ). CJ is a highly to an environmentally sustainable future, and
relevant topic in environmental politics and ethics, "outcome" refers to that sustainable future. CJ
and many see it as a necessary consideration in any demands that both the transition and the outcome
response to climate change. Its basic principles be just.
can be found in a diverse collection of writings Often, the concept of CJ is applied in the
and policies on climate change, including legal context of international climate politics. Indeed,
documents such as the 1992 Rio Declaration, the most CJ literature is centered on the global, rather
Green New Deal, and the Glasgow Climate Pact,

than regional or local, level. One possible reason

for this focus is the existence of the long-standing
The first justification for encouraging emission

reductions from developing countries is one of political
necessity.
and highly recognized principle of common but accommodate the development needs of
differentiated responsibilities (CBDR). CBDR developing countries."
originated in the 1992 Framework Convention on Few would seriously challenge the argument
Climate Change and has been strongly re- that CJ demands larger contributions to climate
emphasized in later international agreements. In change mitigation, especially emission reductions,
its simplest form, CBDR recognizes that global from wealthier, developed countries. However, at
issues, in particular climate change, require all a certain point, we must reconcile the desire for a
nations to contribute to a solution, but that some just transition with the recognition that reducing
nations may bear different levels of responsibilities emissions is itself a measure to promote justice.
to that end. More specifically, it is almost always Indeed, the concept of CJ assumes that climate
used to contend that developed countries should change will create injustice simply through its own
do more than developing countries to address effects, not only through climate-related human
climate change. actions. Political and scientific realities make it
Insofar as CJ has been applied normatively, such that, despite ideal moral duties, it may be
there have been prominent calls for developed necessary to "take reductions where we can get
countries to take drastic action on climate change, them" - including from developing countries. We
often supported by arguments that any mitigative cannot let a circumspect desire for a just transition
measures would not cause undue harm to the create an even more unjust outcome. Calls for
citizens of developed countries, and that these developed countries - and only developed
countries have a moral responsibility to act countries - to drastically reduce emissions in the
because they created the climate crisis. This is name of justice are well intentioned, but myopic.
especially so in the case of emission reductions. Instead, we must recognize the importance of
Authors often emphasize both the higher both a just transition and a just outcome, the latter
historical emissions of developed countries and of which will require that developing countries
their relative level of power to adapt to low- reduce emissions. Fortunately, there are
emission infrastructure. The emissions of opportunities for developing countries to make
developed countries also tend to be much higher significant emission reductions without seriously
per capita, and the social benefit of their emissions sacrificing economic development and
are comparatively trivial, whereas the lower improvements to human wellbeing.
emissions of developing countries often represent
significant improvements in social wellbeing. Political Justifications For Emission Reductions
Popular opinion seems to take this position as In Developing Nations
well. An article in The Guardian written during The first justification for encouraging
the 2015 Paris Climate Conference states that "If emission reductions from developing countries is
developed countries do not make significant and one of political necessity. Working within the
absolute reductions in their emissions there will be modern systems of international politics warrants
a progressively smaller carbon space available to reductions from countries that ideally should not
be responsible for reducing emissions; such
reductions are necessary to encourage developed

countries to pursue meaningful reductions Thus, when opportunities arise to push these
themselves. Instead of refusing to go forward with countries to reduce emissions, we must take them,
any scheme which requires emission reductions even if they involve a degree of injustice by
from developing countries, we should instead encouraging reductions from developing countries
encourage these reductions because they will push as well. While obviously not ideal, this outcome is
developed countries to reduce their own preferable to no climate action at all, and the
emissions. injustice produced by taking no steps to reduce
An example may be illustrative. The 1992 emissions through international law would have
Kyoto Protocol was the first binding international been undeniably worse. These measures may
treaty to require its parties to reduce their appear superficially unjust, but a proper
emissions. The protocol was strongly influenced application of the concept of CJ actually
by the recently forged concept of CBDR. As such, commends them.
developed countries (called "Annex I" countries in
the treaty) were legally bound to reduce emissions, Practical Justifications For Emission Reductions
while developing countries had no binding In Developing Nations
commitments under the treaty. It was for this Beyond political concerns, the current global
exact reason that the United States Senate refused distribution of emissions practically necessitates
to ratify the treaty, even going so far as to that developing countries make some emission
unanimously pass a non-binding resolution reductions in the near future. This is true even if
declaring that the United States would not sign developed countries make substantial strides in
any climate treaty that did not require emission reducing their own emissions. Many developing
reductions from the developing world because it countries contribute significantly to global carbon
would entail economic harm. In the early 2010's, emissions. These contributions come primarily
Canada withdrew as well, also citing economic from China, which produced 27% of global CO2
concerns. It was only years later, in 2015, that the emissions in 2017, but other large countries, such
Paris Climate Agreement was able to effectively as India and Russia, produce substantial emissions
encourage the US and other industrialized as well. It is important to note, of course, that the
countries to agree to reduce emissions. It achieved per capita emissions of these countries are
this feat through being non-binding and requiring comparatively much lower than their total
developing countries to reduce their emissions as emissions. However, it is equally important to
well. recognize that total emissions is the number that
From the perspective of CJ, this outcome is matters; all emissions will exacerbate climate
unjust. The United States ought to be able to put change, regardless of their benefit and per capita
aside economic growth for the purpose of breakdown. Per capita emissions are more
preventing the severe harms and injustices caused important when considering the harms of
by climate change. However, it is important to ask reducing emissions in certain nations, not when
whether any international agreement could have analyzing the effect of emissions alone.
been reached without commitments from Nonetheless, even when assessing per capita
developing countries to reduce emissions. It does emissions, developing countries that produce large
not seem likely. Consumption and production are quantities of fossil fuels, such as Qatar, still top
central to the societies of developed nations, the list. Furthermore, some of these developing
especially the United States, and there are few producer countries, such as Venezuela and
immediate consequences of continuing emissions. Kuwait, have shown strong resistance to reducing
Americans in particular have shown themselves emissions, such as by rejecting the 2009
willing to passionately defend this behavior, Copenhagen Accord. But even for non-producing,
effectively reaffirming the words of George H. W. developing countries, it is concerning to see them
Bush that "the American way of life is not up for begin to ape the consumptive, environmentally
negotiations." Wasteful, environmentally destructive practices of developed nations – these
destructive practices are likely to continue, nations themselves have shown us that this is not
especially given the power that developed a sustainable approach to development.
countries hold on the international level. Unfortunately, over the past few years some
developing countries have doubled down on their

resistance to emission reductions. A recent policies, such as appropriate carbon pricing and
investigative report and analysis has confirmed investments in clean energy.
that certain developing countries have been Utilizing specific technologies and practices
significantly downplaying their emissions. to achieve decoupling in developing countries also
Malaysia, for example, has overreported its carbon has potential. Some research suggests that certain
offsets, and underreported the emissions of its climate solutions, such as solar energy or biofuels,
palm oil plantations. The Central African Republic may be particularly effective in developing
has similarly been vastly exaggerating its land's countries. The authors of these reports believe
capacity to take up carbon. Perhaps more that these measures have the potential to seriously
worrying are the developments at the November reduce emissions while continuing to meet the
2021 international climate conference in Glasgow, countries' energy and development needs.
Scotland. Many had hoped that this particular However, implementing them will require
conference would lead to a complete shift away proactive legislation from the government. Left
from coal in a global effort to limit warming to alone, developing countries may continue to rely
1.5°C. However, at the last minute, China and on fossil fuels, even when they could achieve the
India pushed for the language on coal use in the same level of development with lower carbon
conference's main proposed treaty to be softened. emissions.
As a result, countries agreed to "phase-down" An Analysis of Climate Justice Applied to
rather than "phase-out" the use of coal. This Mitigation
development has been seen as a major setback in Morally, it is clear that developed, wealthy
the global effort to mitigate warming. countries should be making extreme reductions in
their carbon emissions, even to the point of some
Decoupling Growth and Emissions inhibition of economic growth and social
Fortunately, despite the resistance to development. However, there are necessary
emission reductions, over the past decades many considerations to be accounted for before
countries have taken serious steps to reduce their advocating such a position, and a holistic
emissions, and have shown that doing so need not conception of CJ actually directs us to encourage
be harmful to development and social wellbeing. developing countries to reduce their emissions as
These strides have largely been through conscious well. These positions are compatible: among
measures to "decouple" growth from emissions. moral theorists who have written on the subject,
As early as the late 1990s and early 2000s, several there is recognition that practical measures will
developing countries were making meaningful inevitably fall behind what ideally ought to be
development advances while reducing their done.
emissions. According to a 2002 report from the Of course, the opposite is true as well:
Pew Center on Global Climate Change, Brazil, neither can we let a desire for a just outcome
China, India, and Mexico were all able to exacerbate injustices in the transition. Indeed,
successfully reduce their greenhouse gas emissions some authors have outlined concerning examples
while maintaining steady improvements in of injustice resulting from climate mitigation and
economic growth and human development. Each adaptation measures, particularly in developing
country used a specialized set of methods, but countries. However, it is still important to be sure
they were all successful in achieving the same that our perspective on climate solutions is not
result. nearsighted. Injustice produced through emission
A more recent World Resources Institute reductions is likely to be much more immediate
assessment reports that 21 countries have and attributable than injustice produced through
experienced economic growth while decreasing consequences of warming, which could bias
their emissions. While many of the countries on decision makers toward pushing off lesser,
the list are developed, some, such as Bulgaria and immediate injustice in exchange for greater, future
Uzbekistan, are developing. Most importantly, the injustice. Indeed, arguments that present
report shows generally that green growth is transitional justice as paramount ironically mirror
possible. The measures that countries took to the recent, justice-oriented assertions of fossil fuel
decouple economic growth from carbon companies that we should not abandon fossil fuels
emissions varied, but most were common-sense because doing so would have a negative effect on

low-income communities. In both cases, actions will have on delivering (in)justice in both
advocates appeal to the harms that reducing the short term and the long term. Specifically,
emissions would cause, without appropriately there must be greater recognition that climate
accounting for the harms that not reducing change itself is a mechanism of injustice, even
emissions would cause. absent any human action. Thus, carbon emissions
Making decisions about mitigation measures must be reduced to the highest degree possible
through the lens of CJ requires a more careful without producing undue injustice, and owing to
analysis of the consequences of certain actions political and practical necessities, some of these
than has been previously recognized. Such an reductions must come from developing countries.
analysis will lead us to see that ensuring justice Nonetheless, we should not excuse actors in
requires contributions from developing countries, developed countries for the role that they have
to a greater extent than many popular and played in creating the climate crisis; nor should we
academic commentators acknowledge. This stop demanding that they make the necessary
conclusion should not feel insensitive, as most changes to both mitigate and adapt to climate
recognize that responding to the climate crisis is change, including by supporting developing
certain to require these kinds of difficult decisions. nations. There is more to the concept of CJ than
Conclusion has been discussed in this article. Indeed, a
CJ is an extremely important concept to complete application of CJ would tell us not only
consider in calibrating responses to climate to work within the confines of political systems to
change, both in terms of the world that we promote justice, but also to simultaneously
envision, and a just transition to that world. endeavor to reform those systems in order to
However, when applying a CJ lens, we must be create a better and more just moral and political
sure that our perspective is not myopic, and that community.
we truly understand the implications that our
______________________________________________________________________________
Joseph Pendleton ’24 is a sophomore at Brandeis University majoring in Environmental Studies
and Philosophy. He is a contributing writer for the Journal.
_____________________________________________________________________________
i. “Climate change and health,” World Health Organization, production,” Nature 527 (2015): 235-239,
October 30, 2021, https://www.who.int/news-room/fact- https://www.nature.com/articles/nature15725.
sheets/detail/climate-change-and-health. iv. Shyam Saran, ”Paris climate talks: Developed countries must
ii. IPCC, 2022: Summary for Policymakers [H.-O. Pörtner, D.C. do more than reduce emissions,” The Guardian, November 23,
Roberts, E.S. Poloczanska, K. Mintenbeck, M. Tignor, A. 2015,
Alegría, M. Craig, S. Langsdorf, S. Löschke, V. Möller, A. https://www.theguardian.com/environment/2015/nov/23/pa
Okem (eds.)]. In: Climate Change 2022: Impacts, Adaptation, and ris-climate-talks-developed-countries-must-do-more-than-
Vulnerability. Contribution of Working Group II to the Sixth reduce-emissions.
Assessment Report of the Intergovernmental Panel on Climate v. Thalif Deen, ”U.S. Lifestyle Is Not Up for Negotiation,” Inter
Change [H.-O. Pörtner, D.C. Roberts, M. Tignor, E.S. Press Service, May 1, 2012,
Poloczanska, K. Mintenbeck, A. Alegría, M. Craig, S. http://www.ipsnews.net/2012/05/us-lifestyle-is-not-up-for-
Langsdorf, S. Löschke, V. Möller, A. Okem, B. Rama (eds.)]. negotiation/.
Cambridge University Press. In Press. vi. Hannah Ritchie and Max Roser, “CO2 emissions,” Our World
iii. Marshall Burke, Solomon M. Hsiang, and Edward Miguel, in Data, accessed November 19, 2021,
”Global non-linear effect of temperature on economic https://ourworldindata.org/co2-emissions.

No-Excuse Absentee Voting: A

Fair Equalizer
n By Mandy Feuerman
Introduction did not allow for no-excuse absentee voting, and

The number of Americans who voted by civilians were required to have a reason for why
mail increased sharply during the pandemic in 2020. they could not go to the polls in person.[v] In 1978,
The percentage of Americans opting to cast their California became the first state to allow voters to
votes via mail had already been increasing prior to request a mail-in ballot without providing a
2020. In the 2018 general election, 27.4% of the reason.vi Other states followed this example in the
total vote was cast by mail (as compared to 24.9% ensuing decades up until 2022; thirty-four states
of the total vote in the 2016 general election). i This and Washington, D.C. currently have no-excuse
number nearly doubled in 2020, as 46% of voters absentee policies in place.vii
in the general election cast mail-in ballots.ii With When a state has no-excuse absentee
many Americans voting by mail for the first time voting, any registered voter can request a ballot to
that year, the country achieved a new mail-in without providing a reason for why they
understanding of how to make the voting cannot vote in person (such as having a certain
experience more convenient and accessible. No- religious practice or a disability). Mail-in ballots
excuse absentee voting equalizes the democratic have also been referred to as absentee ballots,
process because it gives greater voting access to the although many voters request so-called “absentee”
elderly, rural residents, workers, and women. ballots whether they would be able to vote in
person or not, so the term has become an
Historical Background inaccurate description despite its frequent use in
The ability to absentee vote was originally state law. “Absentee” and “mail-in” ballots have
limited to members of the military. Beginning become synonymous.viii
during the War of 1812, Pennsylvania allowed
soldiers to vote by mail while fighting away from Constituencies Helped by No-Excuse Absentee
home. Absentee voting was a term created in this Voting
time to describe voting where one cannot be No-excuse absentee voting benefits people
physically present to cast their ballot. For the who face obstacles in getting to polling places, such
presidential election in 1864 during the American as senior citizens. As a result of their more limited
Civil War, seven of the eleven Confederate States mobility and greater difficulty traveling, those over
and nineteen of the twenty Union states gave the sixty-five are more likely than the general
same right to their soldiers.iii population to vote by mail.ix Currently, only half of
Civilians started to demand access to the states that require an excuse to vote by mail
absentee vote as well, even though many were still allow being above a certain age as a justification.x
able to be physically present to cast their ballots. The greater the percentage of a state’s residents
The first state to allow absentee voting for civilians who are over sixty-five years old, the greater the
was Vermont in 1896. Other states slowly began to likelihood that the state’s legislature will have
adopt measures for absentee voting over the next enacted no-excuse absentee voting. This occurs
several years until World War I, when there was a regardless of the partisan makeup of the state
rapid increase in the number of states allowing non- legislature.xi
military citizens to vote absentee. Only four states The ability for elderly people to vote by
did not have laws permitting absentee voting by the mail was especially important during the 2020
end of the first World War.iv However, these laws election, as people over sixty are more vulnerable

to experiencing severe effects from the allow these groups greater agency in their
coronavirus.xii In the pandemic, voting by mail participation in the democratic process.
ensured that voters did not have to risk their lives
to make their voices heard. Many would have had Effects of No-Excuse Absentee Voting
to wait in crowded lines for long periods of time, Despite the common expectation that
an endeavor made particularly dangerous by the measures to increase voter participation will lead to
existence of the coronavirus and the lack of better results for Democrats, research shows that
vaccines at the time. With states being unusually the implementation of no-excuse absentee voting
lenient about who could vote by mail, voters has not historically conferred an advantage to any
(especially elderly ones) were able to avoid this and particular party. Any real advantage comes from
could vote from the convenience of their homes.xiii mobilization strategies introduced by campaigns
No-excuse absentee voting is also in the that are meant to assist potential voters with
best interest of rural voters. Like the elderly, people requesting and returning their mail-in ballots.xix
who live in rural areas vote by mail more frequently Research suggests that in the 2020 election in
than the general population does. This is often particular, no-excuse absentee voting did not
because of the greater distance between their change the makeup of the electorate, even as
homes and the nearest polling place. Even Republican politicians claimed for months in
accounting for partisanship in the state legislature, advance that it would.xx Despite the increasingly
states that are larger geographically (and therefore common perception within the Republican party
have more residents living in rural areas) are more that easy access to mail-in ballots gives Democrats
likely than smaller states to have enacted no-excuse an advantage, the older and rural population that
absentee voting.xiv Despite political differences, has historically utilized such ballots has also tended
Alaska and California (two of the country’s largest to vote Republican.xxi
states) have no-excuse absentee voting, while
Delaware and West Virginia (two of the country’s
smallest states) do not.xv
Additionally, having no-excuse absentee
voting is to the advantage of workers. Of the
sixteen states that have absentee voting but still
require an excuse, the only excuse accepted in all of
them is being out of the county on election day or
having an illness or disability. This means that in
many of these states, being a worker who has a shift
scheduled for all voting hours is not an acceptable A voter turns in a mail-in ballot in Washington State.
reason to need to vote by mail.xvi Being a parent can Drew DeSilver, "Mail-in Voting Became Much More Common in
2020 Primaries as COVID-19 Spread," Pew Research Center, last
also function as a full-time job, and those who are modified October 13, 2020, accessed February 28, 2022.
tasked with childcare on Election Day cannot use
that as an excuse either. This means that they will Conclusion
either have to take their children with them to go There is an overall moderate correlation
vote, find someone else to handle childcare during between no-excuse absentee voting and higher
that time, or simply not vote.xvii Because of the voter turnout, although it is not confirmed that the
burden that in-person voting places on both former is the cause of the latter in these
workers and parents, women are particularly situations.xxii Additionally, voting by mail is popular
affected by the lack of no-excuse absentee voting. with the general public, with 59.2% percent of
They are more likely to work for an hourly wage people reporting that they are in favor of it. This
than men are, which makes taking time off work to includes 77.2% of Democrats, 55.25% of
vote more difficult for them. Furthermore, they are independents, and 38.2% of Republicans.xxiii
more likely to be in charge of childcare than men Moreover, no-excuse absentee voting makes voting
are.xviii By ensuring that workers and parents can in person a better experience for those who choose
vote from the comfort of their homes with the to do so. When many voters have already cast their
enactment of no-excuse absentee voting, states will ballots and do not have to go vote on Election Day,
lines at polling places are shorter. The workload of

election officials on Election Day also decreases partisan advantage. The system has proven to be
when they can start counting ballots that have been fair while also making voting for senior citizens,
submitted by mail earlier, meaning Americans will rural residents, workers, parents, and many other
get their election results sooner. Additionally, there groups easier. This evidence suggests that every
will be less litigation surrounding the election state should have no-excuse absentee voting for
because if everyone has the right to request a mail- every election. As record numbers of people voted
in ballot, no one can be sued over if they actually by mail for the first time in 2020, the United States
had the right to vote absentee.xxiv may begin to see a shift toward more people in the
Even as members of the Republican party states that already have no-excuse absentee voting
attempted to depict voting by mail as a scheme consistently casting their ballots by mail, and the
enacted by Democrats to give themselves an states that have restrictions on who can vote by
advantage, it has repeatedly been proven that mail can acknowledge the growing popularity and
having no-excuse absentee voting makes convenience of voting by mail by enacting no-
democracy more accessible without conferring a excuse absentee voting.
______________________________________________________________________________
Mandy Feuerman ’25 is a freshman at Brandeis University majoring in Politics and English. She
is a contributing writer for the Journal.
_____________________________________________________________________________
i. Drew DeSilver, "Mail-in Voting Became Much More diseases/coronavirus/coronavirus-caregiving-for-the-
Common in 2020 Primaries as COVID-19 Spread," Pew elderly#:~:text=Research%20is%20showing%20that%20adul
Research Center, last modified October 13, 2020, accessed ts,one%2C%20you%20might%20be%20worried.
February 28, 2022, https://www.pewresearch.org/fact- xiii. Elaine Karmarck et al., "Voting by Mail in a Pandemic: A
tank/2020/10/13/mail-in-voting-became-much-more- State-by-state Scorecard," Brookings, last modified October
common-in-2020-primaries-as-covid-19-spread/. 2020, accessed March 8, 2022,
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Abortion Rights: Safeguarding

Women’s Liberty
n By Jacqueline Wang
Introduction complexities of the problem require a lens of

Fifty years ago, a woman from Texas filed a intersectionality and inequality.
lawsuit against the District Attorney in her county Among supporters of banning or restricting
to protest her rights to access abortion. This abortion to six weeks, there is a prevalent concept
became the famous landmark case Roe v. Wade that banning abortion will protect fetuses.
(1970), which passed the Supreme Court 7-2 on However, the method of assessing the “existence
the basis of privacy protection, and it has since of life” can be arbitrary, controversial, and prone
provided a legal shield for millions of women in to scientific errors. Banning abortion, on the other
the U.S. to access safe abortion. Fifty years later, hand, might confine a woman to abusive partners,
under the same sky of Texas, Governor Greg painful memories of sexual harassment, and
Abbott signed the controversial Senate Bill 8. extreme financial difficulties— it is banning
Effective as of September 2021, this law allows women’s rights to escape from traumatic
private parties to file lawsuits against any situations and to choose a life they want.
individual who receives, aids, or abets an abortion Abortion was legalized in the United States
past six weeks of pregnancy, with the only in 1973 under the ruling of the Supreme Court. It
exception of medical emergency. Successful is a legal victory that has been associated with the
attempts to bring suit can yield, at minimum, a rise of feminism. With the popularization of birth
$10,000 reward. Over the past several decades, control and contraception, abortion has now been
there have been many attempts by pro-life further symbolized as a product of feminism and
lawmakers to restrict access to abortion, but most female empowerment. However, access to
of them have failed, blocked by either state courts abortion represents far more than reproductive
or the Supreme Court. The enactment of Texas freedom or its challenge to the patriarchy.
SB8, however, bypassed the forbidden land of Abortion safeguards women’s reproductive health
unconstitutionality and instead, aimed to create and protects them from unintended childbirth that
mountainous cases and high penalties to deter will bring drastic challenges to their future.
women from seeking abortion and doctors from Multiple studies have shown that women choose
providing it. Since it often takes more than four abortion for multifaceted, complicated, and
weeks for women to realize they are pregnant, and usually, interrelated reasons: one study shows that
even more time to arrange an abortion with a most women (74%) were financially insecure and
clinic, a six-week ban is a de facto ban of all could not afford to support a child; some had
abortions in Texas. The Supreme Court gave a worries over their career and future (74%); some
greenlight to the law when it was passed by the did not want to become a single mother (48%),
Texas legislature, and many commentators warned and so on. In a study that involved 1,160 women,
that Roe v. Wade now faces a serious challenge the participants’ median number of reasons given
and might even collapse. This, however, is only for their abortion were four, and up to 72% of
the tip of an iceberg of the hidden restrictions put them gave at least three reasons. This evidences
on American women, their bodies, and their the fact that most women choose to have an
reproductive health. There are many long-standing abortion after complex, thoughtful considerations,
policies that fundamentally harm women, and not on a whim, as many opponents claim.
especially women of color and low-income Scientific research supports the idea that most
women, and their rights to abortion. The women who chose abortions never desired to

While women from all backgrounds benefit from access

to abortion, low-income women in conservative states are
facing the greatest challenges to reproductive healthcare.
have an abortion, and that they made the tough even to the poorest women living in the most
decisions with rationality facing unintended conservative states, as they are the ones who are
pregnancies. impacted the most.
In the case of abortion, policy is closely tied
Access to Reproductive Healthcare & The Law to the courts — the court determines the legality
While women from all backgrounds benefit of abortion, and policies are accordingly written
from access to abortion, low-income women in by federal or state governments. In Roe v. Wade,
conservative states are facing the greatest the Supreme Court determined that women’s
challenges to reproductive healthcare. Though rights to abortion fell under the Fourteenth
conservative states like Alabama and Arkansas Amendment and that any laws or rulings which
both claim to offer oral contraceptives , neither completely restricted abortion are
list birth control services on their official Medicaid unconstitutional. However, in 1992, the Supreme
websites. Without affordable contraceptives and Court judged, in the case of Planned Parenthood
birth control, low-income women face $20 to $50 in Southern Pennsylvania v. Casey, that
in extra expenses per month to purchase them. restrictions to abortion by states such as parental
The financial burden might result in inconsistent consent were legal as long as the regulations
contraceptives intake, and many fell into avoided creating “undue burden” that posed
unintended pregnancies. Even worse, among these tremendous difficulty for women to seek abortion.
women, Black and Hispanic women were Recently, there have been attempts by
disproportionately affected, as they had a conservative states to further restrict abortions.
statistically greater chance of not using The Supreme Court and Courts of Appeal have
contraceptives and considering themselves voted tightly in favor of maintaining support to
infertile. The lack of education in reproductive abortion rights. June Medical Services LLC v.
health and abortion have put these disadvantaged Russo and Whole Woman’s Health v. Hellerstedt
women in a dangerous situation both denied state legislatures’ attempts to limit
The unintended child born under such a abortion under admitted privileges, judging the
situation can create great challenges to the case to create great difficulties to access abortion.
mothers. Data reveals that women who are denied However, in 2018, the Supreme Court refused to
abortions are more likely to be trapped in judge lawsuits to the state of Arkansas’ new bill
economic hardships for years, more likely to stay placing extremely restrictive limits on abortion,
with the violent partner, to raise the unintended allowing it to force two out of three remaining
child alone, and to develop serious health abortion clinics to close.
conditions through pregnancy and delivery. Under this legal background, legislators in
Studies also show that, when denied an abortion, conservative states started to pass Targeted
not only will a woman face financial challenges, Regulations of Abortion Providers (TRAP) laws
but the intended child is also much more likely to to restrict accessibility to abortions by charging
live in poverty. For the better lives of the women doctors extra licensing fees and setting up
and the children, it is vital to make every child- demanding requirements. For example, Missouri
birth rational and responsible. To achieve this asks providers to be within 30 miles of a hospital
goal, policies must be enacted to address the that have procedure rooms of at least 12 feet long
accessibility, affordability, and legality of abortion, and 12 feet wide, and the ceilings at least 9 feet
high with the door at least 44 inches wide. South
Carolina strictly regulates the temperature of the
abortion clinics to be within 72 and 76 degrees.

Besides equipment requirements, the process of greatly harms those who have unstable income or
getting an abortion license and keeping it is financial difficulties.
extremely difficult. In the case of Missouri and To introduce bills that safeguard abortion
another five states, only one clinic exists within rights, Congress should attempt to introduce laws
the border of each state. In these conservative that legalize abortion in all of America. Further,
states, abortion providers have to endure the Congress can lift the Hyde Amendment and other
social pressure exerted by the government and the TRAP laws with the goal of expanding Medicaid
pro-life supporters, so much that the abortion to cover all low-income women’s abortions
clinics in the state of Arkansas claimed that they nationwide. Congresswoman Barbara Lee, for
could not find any doctors to sign the contract example, introduced the first-ever bill to repeal the
that would enable procedure providers to practice Helms Amendment, an anti-choice policy that
abortions. prohibited the use of U.S. foreign aids in
implementing abortion. Rep. Jan Schakowsky (D-
Policy Recommendations IL) explained that women in regions that rely
While states might continue to restrict and mainly on American aid, such as some rural areas
challenge the abortion rights, efforts can be made in Kenya, have been discriminated against and
at the national level to challenge TRAP laws, and deprived of rights to their reproductive health.
help can be delivered outside of conservative The Abortion is Healthcare Everywhere Act of
states to the women in need. There are three main 2020, according to Schakowsky, will provide
ways to achieve this goal—preservation of rights “comprehensive reproductive healthcare,
in courts, advocacy and subsidization of out-of- including safe, legal, and accessible abortion” that
state abortions, and advocacy against Anti-Choice is parts of women’s human rights. Further efforts
Amendments and enactment of Pro-Choice bills. can be put to form a coalition in the Congress and
To preserve abortion rights in courts, support this Act thoroughly. The Act stands for
pressure can be exerted from both individuals and inclusion of disadvantaged individuals and the
by Congress. When June Medical Services LLC v. respect of human rights, and it will bring similar
Gee was in the appellate court, 197 Democratic challenges to the Hyde Amendment, a domestic
members of the Senate and the House exerted implication of Helm’s Amendment.
pressure and urged the Supreme Court, with an If the courts and Congress become
amicus brief, to “uphold the constitutionally dominated by conservatives, the bottom line is,
protected reproductive rights.” This evidenced liberal states can still give a hand to those in need.
that Congress could influence courts as a third Coalitions can be formed between allies in
party. In the worst-case scenario, members of abortion-restricted states and abortion-liberal
Congress can still file an amicus brief to the states or cities. These coalitions can support
Supreme Court and voice their support to uphold advocacy as well as collaborating with nonprofit
abortion rights. Special attention should also be organizations to subsidize low-income women in
paid to aid court lawsuits in conservative states conservative states receiving abortions outside of
regarding Medicaid coverage on abortions. Within their states. For example, in 2019, the New York
the state legal abortion limit based on fetal City Council granted $250,000 to women who
viability, abortions are generally covered under resided in or travelled to the city for access to safe
Medicaid, though some conservative states only abortions. Nonprofit organizations such as New
grant funds limited to life endangerment, rape, York Abortion Access Funds (NYAAF) utilized
and incest. It is worth noting that even in liberal public funds and private donations to pay the
states such as New Jersey and Massachusetts, expenses for low-income women in conservative
funds are granted to women without prerequisites states to travel to New York City and receive
only after courts ordered the state to do so. On abortions. Abortion-liberal states can also take
the other side of the coin, South Dakota has actions in preserving out-of-state women’s rights
limited Medicaid coverage to life-threatening to abortion. In 2019, Illinois Governor J.B.
situations which means that low-income women Pritzker signed the Illinois Reproductive Health
do not have access to abortion even when the Act, flashing greenlights to women who want to
pregnancy is the result of rape or incest. The travel to Illinois, especially those from the
restriction of Medicaid use creates inequity and neighboring three conservative states, to seek

abortions in the state. By public and private bill set up an unprecedented legal mechanism that
fundraising, safe abortion opportunities could intentionally create loopholes, rights to abortion
reach even the most conservative areas in the should still stand as the center of the discussion,
country. For example, the Arkansas Abortion especially with the polarized political environment,
Support Network has zero funding itself and relies intense political agenda, and politics-penetrated
completely on the donations and grants from the courts. Women’s reproductive rights and rights to
National Abortion Federation, a nationwide abortion should be reexamined and reaffirmed on
professional network of abortion providers. courts, along with the recognition of gender
Fundraising for the National Abortion Federation equality and constitutional rights (i.e., equal access
will directly benefit low-income women in states to healthcare) behind these rights. Congress,
like Arkansas to receive abortions either in the legislatures, governments, and other stakeholders
only existing clinic in Little Rock, or to seek such as non-profit organizations could all
medical help in neighboring states like Taxes. collaborate and contribute by challenging
The heated discussion on Texas S.B.8 gained discriminatory amendments, offering out-of-state
national attention again on abortion. What is medical support, etc., to ensure that all women
different this time is that the focal point and core enjoy safe, convenient, and accessible abortion.
argument have shifted from equality and right to
privacy to the constitutionality of its legal
mechanism. Although it is recognized that this
______________________________________________________________________________
Jacqueline Wang’23 is a senior at Brandeis University majoring in Politics and minoring in
Legal Studies & Business. She is a contributing writer for the Journal.
_____________________________________________________________________________
i. “Jane Roe, Et Al., Appellants, V. Henry Wade.” Legal xii. Liptak, A. (2018, May 29). Supreme Court Allows Arkansas
Information Institute. Legal Information Institute. Accessed Abortion Restrictions to Stand. Retrieved November 23, 2020,
November 21, 2021. from
https://www.law.cornell.edu/supremecourt/text/410/113. https://www.nytimes.com/2018/05/29/us/politics/supreme-
ii. Hughes, et al. . “A BILL TO BE ENTITLED - S. B. No. court-wont-hear-challenge-to-restrictive-arkansas-abortion-
8.” Accessed November 21, 2021. law.html?searchResultPosition=4.
https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB000 xiii. Medoff, M.H. (2010), State Abortion Policies, Targeted
08H.pdf. Regulation of Abortion Provider Laws, and Abortion Demand.
iii. Biggs, M. A., Gould, H., & Foster, D. G. (2013). Review of Policy Research, 27: 577-
Understanding why women seek abortions in the US. BMC 594. https://doi.org/10.1111/j.1541-1338.2010.00460.x.
Women's Health, 13(1). doi:10.1186/1472-6874-13-29. xiv. Yan, H. (2019, June 21). These 6 states have only 1 abortion
iv. Finer, L. B., Frohwirth, L. F., Dauphinee, L. A., Singh, S., clinic left. Missouri could become the first with zero. Retrieved
& Moore, A. M. (2005). Reasons U.S. Women Have November 23, 2020, from
Abortions: Quantitative and Qualitative Perspectives. https://www.cnn.com/2019/05/29/health/six-states-with-1-
Perspectives on Sexual and Reproductive Health, 37(03), abortion-clinic-map-trnd/index.html.
110-118. doi:10.1363/3711005. xv. Liptak, A. (2018, May 29). Supreme Court Allows Arkansas
v. Medicaid Coverage of Oral Contraceptives. (2017, March Abortion Restrictions to Stand. Retrieved November 23, 2020,
03). Retrieved November 23, 2020, from from
https://www.kff.org/womens-health-policy/state- https://www.nytimes.com/2018/05/29/us/politics/supreme-
indicator/medicaid-coverage-of-oral- court-wont-hear-challenge-to-restrictive-arkansas-abortion-
contraceptives/?currentTimeframe=0. law.html?searchResultPosition=4.
vi. Dehlendorf, C., Harris, L. H., & Weitz, T. A. (2013). xvi. Barbara Lee - Congresswoman for the 13th District of
Disparities in Abortion Rates: A Public Health Approach. California. (2019, December 02). Retrieved November 23,
American Journal of Public Health, 103(10), 1772-1779. 2020, from https://lee.house.gov/news/press-
doi:10.2105/ajph.2013.301339. releases/democrats-stand-up-for-constitutionally-protected-
vii. Fact Sheets. (n.d.). Retrieved November 23, 2020, from right-to-abortion-file-bicameral-amicus-brief-in-june-medical-
https://www.ansirh.org/resources/fact-sheets. services-llc-v-gee.
viii. Roe v. Wade. (n.d.). Retrieved November 23, 2020, from xvii. “An Overview of Abortion Laws.” Guttmacher Institute,
https://www.oyez.org/cases/1971/70-18. November 11, 2021. https://www.guttmacher.org/state-
ix. Planned Parenthood of Southeastern Pennsylvania v. policy/explore/overview-abortion-laws.
Casey. (n.d.). Retrieved November 23, 2020, from xviii. Barbara Lee - Congresswoman for the 13th District of
https://www.oyez.org/cases/1991/91-744. California. (2020, July 29). Retrieved November 23, 2020, from
x. June Medical Services LLC v. Russo. (n.d.). Retrieved https://lee.house.gov/news/press-releases/congresswoman-
November 23, 2020, from lee-colleagues-introduce-first-ever-bill-to-repeal-the-helms-
https://www.oyez.org/cases/2019/18-1323. amendment-a-47-year-old-anti-choice-policy.
xi. Whole Woman’s Health v. Hellerstedt. (n.d.). Retrieved xix. “Rep. Jan Schakowsky, Abortion Rights Groups Announce
November 23, 2020, from First-Ever Bill to Repeal 47-Year-Old Anti-Abortion Policy.”
https://www.oyez.org/cases/2015/15-274. Advocates for Youth, July 29, 2020.
https://www.advocatesforyouth.org/press-releases/rep-jan-

schakowsky-abortion-rights-groups-announce-first-ever-bill-to- Retrieved November 23, 2020, from

repeal-47-year-old-anti-abortion-policy/. https://www.nbcnews.com/politics/politics-news/abortion-
xx. Edelman, A. (2019, July 15). As more states restrict abortion, underground-groups-quietly-help-women-who-have-travel-
others put out the welcome mat for women. Retrieved access-n1048126.
November 23, 2020, from xxii. Howe, Amy. “Court Seems Inclined to Let Abortion Providers
https://www.nbcnews.com/politics/politics-news/more- Pursue Their Challenge to Texas Law.” SCOTUSblog,
states-restrict-abortion-others-put-out-welcome-mat-women- November 4, 2021.
n1029406. https://www.scotusblog.com/2021/11/court-seems-inclined-
xxi. Edelman, A. (2019, September 01). The abortion underground: to-let-abortion-providers-pursue-their-challenge-to-texas-law/.
Groups quietly help women who have to travel to access care.
*This article was written in the winter of 2023, before
the US Supreme Court overturned Roe v. Wade on June
24, 2023. The article was already in its publishing
phases at the time of the ruling.

Diplomatic Immunity: Outdated,

Unethical, and in Need of Reform
n By Ethan Gerstman
agents. These broad freedoms are followed by a
Introduction small clause urging diplomats to respect the laws
Diplomatic immunity is an ambiguous of their host country, and that they should aim not
area of the law. In many countries, it refers to the to interfere in domestic internal affairs as well.
legal immunities that diplomats and envoys of There is no mention of specific prosecuting
foreign states enjoy while visiting. Diplomatic practices or regulatory standards if a diplomatic
immunity’s intent is to prevent spurious legal representative were to disobey domestic laws. In
proceedings that could forestall diplomatic general, the Convention leaves it up to the
processes, and protect the ambassadors of the discretion of the countries involved to prosecute
state from most criminal proceedings. Largely, it abusers of diplomatic immunity. However, the
protects diplomats from hostile legal privileges detailed in the Convention generally
environments and ensures that official diplomatic form the foundation for most diplomatic
processes can remain unimpeded. However, its immunity regulations in Western countries,
problems are widespread. It allows for diplomats including the United States. Specific countries
to commit crimes without consequences, using establish rules for prosecution of foreign
their identity and status to protect them. The U.S. diplomats on their territory. In the United States,
has in the past disregarded the rules and the Department of State has extensive guidelines
regulations of diplomatic immunity to shield U.S. for how law enforcement should treat foreign
citizens abroad from legitimate non diplomatically diplomats in criminal incidents. The general
related criminal complaints, and in doing so has procedures detail the specifics of the U.S. Code,
compromised American credibility as a world particularly the extent to which local law
leader. Instances where the State Department has enforcement can detain or confront diplomatic
exploited other countries’ efficacy at handling agents. Some policies to note are ones related to
these types of crimes complicate the United personal inviolability. U.S. authorities cannot
States’ support of equal and fair judicial processes handcuff, arrest, or detain foreign diplomatic
around the world. Ultimately, to prevent future personnel, nor can they enter the “residences,
abuses of diplomatic immunity on the part of the automobiles, or other property of protected
U.S, the State Department needs to develop a persons.” However, in cases where the diplomat
clear judicial process for handling these disputes. presents a threat of “imminent danger,”
It then needs to follow that rulebook closely, and authorities can intervene to halt that activity.
ensure that the case decision makers have the Protection of personal inviolability is just one of
ability to see the long term benefits of following the many U.S. policies that directly abide by
those rules. Vienna Convention procedures. The lack of
differentiation between the policies outlined by
Theoretical Basis and Current Policies the State Department and the Vienna
The universal basis for diplomatic Convention’s initial understandings of diplomatic
immunity law stems from the Vienna Convention. immunity law as a result of the 1978 Diplomatic
Articles 29 through 32 reaffirm the right of Relations Act, which was designed to “bring U.S.
immunity from local jurisdictions when operating law into line with the 1961 Vienna Convention.”
as a government’s representative. In addition, The U.S. has closely followed the Convention’s
Article 37 section 1 extends the right of procedures regarding the criminal proceedings of
diplomatic immunity to the families of diplomatic foreigners in the United States, but has expanded

on them in more specific detail so that local law system, even in places with strongly codified
enforcement can deal with diplomatic crimes with guidelines on diplomatic immunity. One example
great efficacy. of this occurred in August 2019, when Anne
In contrast, the U.S. has failed to Sacoolas, the wife of CIA employee Jonathan
implement a similar level of specificity when Sacoolas, struck Harry Dunn while driving on the
concerning the improprieties of U.S. officials wrong side of the road. Sacoolas left Dunn, a UK
abroad. There is no guide in place for these types national, on the road, where he soon died. She
of incidents. Instead, specific procedures quickly claimed diplomatic immunity, and almost
concerning diplomatic immunity between the U.S. instantly after the fatal crash the U.S. embassy
and other countries are established via diplomatic flew her out of the country. But the facts of the
treaties. These treaties also usually defer to the case reveal the incomplete aspects of international
Vienna Convention, but they do not specifically and domestic codes on diplomatic immunity. In
detail the technical aspects of diplomatic reality, Anne Sacoolas was not legally eligible for
prosecution themselves. For example, the treaty diplomatic immunity since her husband neither
between the United States and Saudi Arabia in worked for a diplomatic agency nor was listed as a
2020 was essentially a joint statement that both diplomat. The US embassy illegitimately claimed
countries would abide by the Convention’s rules, she had diplomatic immunity and quickly
nothing more. Essentially, the U.S. presents evacuated her from the country via a U.S. Air
foreign countries with a treaty template for Force plane before UK authorities could sort out
consular privileges and immunities, and uses that the details. And later, when the United Kingdom
template as the basis for claims of diplomatic legally requested her extradition, the State
immunity for U.S. citizens. The brief, relatively Department denied the request, responding that
vague treaties that the U.S. government establishes “The use of an extradition treaty to attempt to
enables the U.S. to easily evacuate citizens after return the spouse of a former diplomat by force
they commit crimes in foreign countries. would establish an extraordinarily troubling
Unlike in the United States, where law precedent.” Effectively, once Sacoolas had exited
enforcement has specific guidelines set forth by the United Kingdom, she was safe from UK
the State Department, foreign law enforcement authorities, even though she never actually had
may not have detailed instructions on how to diplomatic immunity.
handle cases of diplomatic immunity. Having a Most abuses of diplomatic immunity are
rulebook on diplomatic immunity is not consistent less public than the Sacoolas case. Offenses range
among all countries. In the U.K, there is a guide from “driving under the influence of alcohol to
for local authorities from the Crown Prosecution shoplifting… and even murder.” Many of these
Service, but in countries such as Morocco and cases follow a similar trend to the UK case. For
Egypt, clear rules on immunity processes don't example, in 2013, an American diplomat killed a
exist. To a degree, the confusion of local law father of 3 when he rammed into a minibus in
enforcement in some nations is not the U.S.’ fault. Kenya. The next day, “U.S. Embassy officials in
But the U.S. should not exploit the bureaucratic Nairobi rushed the American and his family out of
weaknesses of authorities without proper guidance Kenya.” There were no repercussions for the
on how to handle those situations. To correctly diplomat, and there was no financial assistance
abide by the Vienna Convention, particularly provided to the widow following the fatal crash.
Article 31 which waives immunity in cases of When the press asked the head of the Nairobi
criminal acts outside of “official functions, ” as traffic police why the State Department employee
the U.S. claims it does, it must follow its was not prosecuted by local law enforcement, the
regulations even if the local authorities are at first only answer provided was “We don’t take
inept. The U.S. should not capitalize on foreign diplomats into custody.” There is often little law
countries’ indecision to illegally speed Americans enforcement can officially do in these situations,
out of the country. particularly when they involve diplomatically
powerful countries like the United States. Often,
American Exploitation foreign countries with less political power will not
There have been numerous incidents want to risk complicating or challenging their
where the United States has exploited the current

Rather than adopting a policy of almost universal protection of

U.S. citizens abroad, the U.S. can follow a more nuanced policy
of deciding case-by-case whether immunity should be extended
to wayward diplomats.
immunity of wayward diplomats in cases of severe

relationships with these types of countries for criminality, like manslaughter, homicide, and
relatively small yet impactful criminal incidents. murder. Even if the State Department does not go
to the extreme of declaring the perpetrator
Successful Prosecutions of Diplomatic Abuses persona non grata, they can work with the local
and Potential Solutions government to ensure that both the victims and
There have been some successful cases national interests are satisfied with the result.
where both sides are relatively satisfied with the Rather than adopting a policy of almost universal
result. Often these occur when the crimes are protection of U.S. citizens abroad, the U.S. can
severe. For example, in 1997, a Georgian follow a more nuanced policy of deciding case-by-
ambassador to the United States killed a 16-year- case whether immunity should be extended to
old Maryland girl, and was subsequently arrested wayward diplomats.
by local authorities after the Republic of Georgia
declared the diplomat persona non grata, a legal Incentives and Reforms
term essentially meaning he was no longer There are several incentives, both
welcome in his own country. Without his domestic and international, for the U.S. to apply a
diplomatic immunity, he was brought before a more equitable approach to crimes involving its
U.S. court where he was found guilty and diplomats. Consistently disobeying international
sentenced to 21 years in prison. He served the first law and not respecting other countries’ interests
3 years in Americanprison, but was later makes the U.S. appear untrustworthy in the eyes
repatriated back to the Republic of Georgia to of the international community and other
serve the rest of his term. countries. As legal scholar William Morris notes in
A similar case, albeit less severe, occurred the Hofstra Law Review, acting unilaterally, as the
in Canada in 1999. A Japanese woman had United States does, “alienate[s] the United States
entered a hospital clearly displaying black eyes and from the global community.” He continues, saying
bruising. She claimed her husband had beaten her. the Supreme Court has stated in the past that “the
Canadian police went to the home, where the United States has a vital national interest in
husband admitted to the crime, stating it “was a complying with international law.” Applying a
cultural thing and not a big deal.” He subsequently consistent standard to crimes involving U.S.
attempted to claim diplomatic immunity, and was diplomats would generate U.S. legitimacy, both
at first successful, but Japan revoked his immunity when pursuing the crimes of foreign diplomats in
following public backlash. He was tried and found the U.S. and when discussing matters of
guilty but was ordered to serve no jail time. He international law on the global stage. Sometimes
later returned to Japan where he received just a revoking the immunity of diplomats who
pay cut. Although this crime was not of the same committed severe crimes would add credibility to
severity as the case involving the Georgian official, the record of the U.S. on the international stage.
the remedy was the same: revocation of In addition, the application of more scrutiny to
diplomatic immunity. These cases, although not these cases can bring tangible benefits as well.
involving U.S. diplomatic misconduct, are Demonstrating understanding and respect of
evidence of how these types of incidents can be other countries’ legal systems will help improve
correctly handled. The U.S. can revoke the economic and political relations with those

countries, leading to further benefits for the U.S. adopting a more equitable approach to diplomatic
in the long run. immunity would be lost on this type of worker.
Assigning more responsibility to State However, if these situations are overseen by
Department higher-ups could address this issue. people without these short-term concerns,
Unlike ground level employees, figures like the instances of diplomatic immunity abuse may be
Secretary or Deputy Secretary are closer to the lessened. The path towards increased foreign trust
president and generally have a wider, more long- and improved relations, therefore, will come from
term view of public policy. Field workers who increased scrutiny from upper level bureaucrats
expedite the escape of untoward diplomats are and those concerned with the future of U.S.
focused mainly on the specific case at hand, as policy; not the expedition of individual Americans.
they are not impacted by long-term U.S. policy
objectives. As such, many of the benefits of
______________________________________________________________________________
Ethan Gerstman ‘24 is a junior at Brandeis majoring in Politics. He is a contributing writer to
the journal.
______________________________________________________________________________
i. “Diplomatic Immunity and Diplomatic Premises,” viii. “Privileges and Immunities.” United States
The Crown Prosecution Service, January 15, 2019. Department of State.
ii. “Harry Dunn: Anne Sacoolas Extradition Bid ix. Ross, Mitchell S. “Rethinking Diplomatic
Inappropriate, Says US.” BBC News, January 11, Immunity: A Review of Remedial Approaches to
2020. Address the Abuses of Diplomatic Privileges and
iii. “Harry Dunn Death: Anne Sacoolas Lawyers Say Immunities Notes and Comments.” American
She ‘Drove on Wrong Side of Road.’” BBC News, University Journal of International Law and Policy,
September 10, 2020 1989.
iv. “Harry Dunn’s Parents to ‘Fight for Change.’” BBC x. Straziuso, Jason. “U.S. Diplomat Kills Man in Car
News, October 17, 2019. Crash, Leaves Kenya.” USA Today, August 2, 2013.
v. Janofsky, Michael. “Georgian Diplomat Pleads xi. “Agreement between the United States of America
Guilty in Death of Teen-Age Girl.” The New York and Saudi Arabia.” United States, and Saudi Arabia,
Times, October 9, 1997. January 21, 2020.
vi. Morris, William G. “Constitutional Solutions to the xii. “Diplomatic and Consular Immunity: A Guide for
Problem of Diplomatic Crime and Immunity.” Law Enforcement.” United States Department of
Hofstra Law Review, 2007. State.
vii. “Wife-Beating Diplomat Ordered Home.” CBC xiii. “Vienna Convention on Diplomatic Relations.” The
News,, March 5, 1999. American Journal of International Law, 1961.

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Theme: Inequality, Inequity & Exclusion: Re- Examining US Public Policy

Letter From The Editors

BRANDEIS JOURNAL OF POLITICS 2021-2022 1

Debt As A Tool Of Inequity

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“The history of debt, then, is a history of both a lack of

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Introduction funds its unemployment insurance. The law states

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limit of 4 times the monthly social security ceiling

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vii. “The French Social Security System V - Unemployment

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Charter Schools: One Path to the

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Re-examining Private Education &

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“The PSU is a test of knowledge, and in our country the one

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Bargaining Against Americans:

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decades to come. Private schools, for the

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Could the European Union’s

Introduction management tools started to be enacted such as

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Introduction as well as in local climate action plans for states,

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than regional or local, level. One possible reason

The first justification for encouraging emission

BRANDEIS JOURNAL OF POLITICS 2021-2022 33

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36 BRANDEIS JOURNAL OF POLITICS 2021-2022

No-Excuse Absentee Voting: A

Introduction did not allow for no-excuse absentee voting, and

BRANDEIS JOURNAL OF POLITICS 2021-2022 37

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Abortion Rights: Safeguarding

Introduction complexities of the problem require a lens of

40 BRANDEIS JOURNAL OF POLITICS 2021-2022

While women from all backgrounds benefit from access

BRANDEIS JOURNAL OF POLITICS 2021-2022 41