Northeastern University Law Journal, Vol. 4, No. 2, Nov. 2012
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VOLUME 4 NOVEMBER 2012 NUMBER 2 FRAMING ECONOMIC, SOCIAL SOCIAL FRAMING ECONOMIC, The Institute on Framing Economic, Social, and Cultural Rights for Mobilization and Advocacy: Towards a Strategic Agenda in the United States ARTICLES xi Editors’ Introduction 315 Introduction: Framing Economic, Social, and Cultural Rights Martha F. Davis 323 Redemptive and Rejectionist Frames: Framing Economic, Social, and Cultural Rights for Advocacy and Mobilization in the United States Katharine G. Young & 347 The 99% Solution: Human Rights and Economic Justice in CULTURAL RIGHTS CULTURAL the United States Dorothy Q. Thomas 365 Economic and Social Rights in the United States: Implementation Without Ratification Gillian MacNaughton & Mariah McGill 407 Framing Economic, Social, and Cultural Rights at the U.N. Risa E. Kaufman 429 The Champagne of Housing Rights: France’s Enforceable Right to Housing and Lessons for U.S. Advocates VOL. 4, NO. 2 2012 4, NO. VOL. Eric S. Tars, Julia Lum & E. Kieran Paul 483 Human Rights Frames in Grassroots Organizing: CADRE and the Effort to Stop School Pushout Alexandra Bonazoli STUDENT 517 Legal Services Fraud in Immigrant Communities and the NOTE U Visa’s Potential to Help Victimized Communities Help Themselves Margaret Serrano The Institute on Framing Economic, Social, and Cultural Rights for Mobilization and Advocacy: Towards a Strategic Agenda in the United States VOLUME 4, NO. 2 NOVEMBER 2012 ii © 2012 Northeastern University Law Journal Cite as 4 Ne. U. L.J. ___. Vol. 4 No. 2 Northeastern University Law Journal iii Editorial Board Editors-in-Chief Cody L. Thornton Joshua D. Nadreau Managing Editors David Houlihan Melanie Dahl Articles Editors Kaitlyn Dunn Claire Alexis Ward L. Paige Walker Frank Mulé Publications Editors Kenneth R. L. Parker Michael H. Darling Symposium Editors Lindsey Smith Shaina Weissman Advisors Michael Meltsner, George J. & Kathleen Waters Matthews Distinguished University Professor David M. Phillips, Professor of Law Sonia E. Rolland, Associate Professor of Law iv Vol. 4 No. 2 Northeastern University Law Journal v Staff Associate Articles Editors Alexandra J. Bonazoli Robert Lazar Alec Tarberry Senior Staff Editors Nick Armington Dan Fleisher Miki Kusaka F. Brendan Burke Jesse B. Grove Robert Ley Diana Chiang Valerie K. Jackson Zachary Lown Paige Clapp Eva Jellison Sarah Schools Katharine Dennis Jacquelyn Kaplan Staff Editors Laura Ashikaga Kerry C. Herman Stephanie Parker Brittany Baker Natalie Higgins Katherine Perry-Lorentz Gabe Balzano-Brookes Maya Jachimowicz Nicholas Pollard Molly Barker Alexander Kelly David G. Rossi Kevin Canty Hunter Keil Matthew H. Ryan Lindsey Cei Tiffany Ko Anielka Sanchez Godinez Matthew Clouden Nathaniel Lichtin Nicole Santiago Alma Colchado Segovia Säri Long Kathryn Sheehan Kayla Connor Shweta Mahajan Naomi Smith James Devereux David Nathaniel Malcolm Edward Sweeney Elizabeth Eromin Jacquelyn L. Maynard Kristin Tucker Cameron Ferrante Katherine McCarthy Andrew Walsh Nathaniel Gates Jonathan McGinn Kevin Walsh Aurielle Goldfarb Bradford Melson Kimberly Webster Kevin Hall Robert Myers Amanda R. White Maggie Hamlin Ivan Ng Emily Herder Kristina Ng vi Non-Discrimination Policy Northeastern University does not condone discrimination on the basis of race, color, religion, religious creed, genetics, sex, gender identity, sexual orientation, age, national origin, ancestry, or veteran or disability status. Vol. 4 No. 2 Northeastern University Law Journal vii Faculty Jeremy R. Paul Isaac Borenstein Dean and Professor of Law Lecturer in Law Wendy E. Parmet Lee P. Breckenridge Associate Dean for Academic Affairs & Professor of Law George J. & Kathleen Waters Matthews Distinguished University Professor of Law Margaret A. Burnham Professor of Law Luke Bierman Associate Dean for Experiential Dan Danielsen Education & Distinguished Professor of Professor of Law the Practice of Law Martha F. Davis Sarah Hooke Lee Professor of Law Assistant Dean & Director of Information & Research Services & Richard A. Daynard Associate Professor of Law Professor of Law Roger I. Abrams Melinda F. Drew Richardson Professor of Law Lawyering Skills Professor & Director of the Academic Success Program Libby S. Adler Professor of Law Rashmi Dyal-Chand Professor of Law Aziza Ahmed Assistant Professor of Law Peter D. Enrich Professor of Law Daniel A. Austin Associate Professor of Law Daniel J. Givelber Professor of Law Brook K. Baker Professor of Law James R. Hackney, Jr. Professor of Law & Leo Beletsky Faculty Director for Research Assistant Professor of Law & Health Sciences Wallace E. Holohan Clinical Professor & Michael G Bennett Director of the Prisoners’ Rights Clinic Associate Professor of Law viii Faculty (cont.) Lois Hilfiker Kanter Sonia E. Rolland Clinical Professor & Associate Professor of Law Director of the Domestic Violence Institute Rachel E. Rosenbloom Karl E. Klare Assistant Professor of Law George J. & Kathleen Waters Matthews Distinguished University Professor James V. Rowan Professor of Law & Director of the Hope Lewis Clinical Programs Professor of Law Daniel C. Schaffer Kristin M. Madison Professor of Law Professor of Law and Health Sciences Ira Sills Susan Maze-Rothstein Lecturer in Law Senior Academic Specialist Susan Sloane Daniel S. Medwed Director of Legal Research & Writing in Professor of Law the LSSC Program Michael Meltsner Emily A. Spieler George J. & Kathleen Waters Matthews Edwin W. Hadley Professor of Law Distinguished University Professor Stephen N. Subrin Susan Barbieri Montgomery Professor of Law Executive Professor of Law & Business Kara W. Swanson Mary E. O’Connell Associate Professor of Law Professor of Law Lucy A. Williams David M. Phillips Professor of Law Professor of Law Margaret Y.K. Woo Deborah A. Ramirez Professor of Law Professor of Law Vol. 4 No. 2 Northeastern University Law Journal ix Adjunct and Visiting Faculty Joshua L. Abrams Neil T. Leifer Hon. Carol S. Ball Sophia Lingos Hon. Janis M. Berry Carol Mallory Hon. Jay D. Blitzman Audrey McFarlane Robert G. Burdick Rachel Munoz Thomas P. Campbell Anne-Marie Ofori-Acquaah Peter Campia Dyane O’Leary Robert C. Davis Keith R. Osher Janet Donovan Michael Pezza Jr. Brian M. Flynn Jonathan Rankin Patricia Garin Dean Richlin Sarah Garraty Arnold R. Rosenfeld Richard N. Gottlieb Stuart Rossman Joshua S. Grinspoon Roberta L. Rubin Margaret Hahn-Dupont Laurie M. Ruskin Jessica D. Hedges Amy Remus Scott Hon. Geraldine Hines Debra Shopteese Patricia Illingworth Hon. Sabita Singh Michael Joyce Rachel Spooner Hon. R. Marc Kantrowitz John L. Strand Michael Keating Hon. Paul Troy Nancy Kelly John E. Willshire Carrera Mary E. Landergan Rose Zoltek-Jick John LaPlante x Vol. 4 No. 2 Northeastern University Law Journal xi Editors’ Introduction This issue of the Journal marks a critical juncture in both the history of our publication and our law school. It is our last edition under the leadership of Dean Emily Spieler, one of our earliest sup- porters. The Journal was born nearly five years ago as the result of countless meetings and discussions with Dean Spieler and the Law School faculty. Throughout the process she was an ardent support- er who focused and aligned our goals with the school’s social justice mission. She gave us the tools and resources and inspired us to build the Journal. We dedicate this issue to her. Her decade of service to our school has transformed an already revolutionary approach to learn- ing, researching, and teaching law and has allowed our organization to prosper in this invigorating environment. Dean Spieler’s dedication and trust in the Journal leadership have driven years of hard work on boundary-expanding and controver- sial issues. Our challenge has been to build a viable organization to address them amidst the flux of one of the most rigorous law school programs. As students, we are required not only to spend as much time as other schools studying complex legal theories and skills in the classroom, but also to work for a total of one year in full-time legal positions—all in the standard three year law school framework. Unlike traditional law schools, we work through summer and winter. Students at Northeastern are required to seamlessly transfer between full-time legal work and academic study roughly every 12 weeks. One benefit is that we have more intimate class settings, with half of our upper-level students working outside of school in legal jobs, but consequently we are left with a smaller staff of editors for our publication. The implications for the Journal are that we work year-round and must transfer responsibility for the Journal’s operations every three months as we move in and out of our courses. We have built processes to collaborate on big issues and our annual symposium, but we then operate autonomously during the editing process while in school. Our senior and staff editors do this work for no academ- ic credit. xii This summer we have doubled our publication schedule and made our processes even more efficient. We also redesigned our print edition and our website. Our goal is not only to publish more schol- arship, but to make it accessible to a broader audience with a cleaner layout and better readability, on screen and in print. For the first time, we also collaborated with an outside orga- nization: the Program on Human Rights and the Global Economy (PHRGE) at the School of Law. This edition of the Journal is a com- pilation of articles and notes from their 2011 institute on framing economic, social, and cultural rights in the United States, along with