The Tampon Tax Is Unconstitutional, Period. (BPR Fall 2019)

Berkeley PAY TO PLAY - TECHNOLOGY RANKED CHOICE Political WRESTLING WITH WITH CHINESE VOTING: A SOLU- THE LEGACY OF CHARACTERISTICS TION TO POLITICAL TITLE IX DYSFUNCTION Review VOLUME XXIV, NO. 1 FALL 2019 THE TAMPON TAX IS PERIOD.UNCONSTITUTIONAL,

LETTER FROM THE EDITOR MASTHEAD C A s we move toward the end of EDITOR-IN-CHIEF the year, and the end of the Liam Frölund decade, the world finds itself in the midst of near-global tumult. DEPUTY EDITOR-IN-CHIEF Impeachment proceedings are Meredith Mountjoy underway in Washington, of course, but also once-in-a-gen- WORLD EDITOR eration protests rage on nearly Kaitlyn Lombardo every continent. Hong Kong, Chile, Lebanon, even France only DEPUTY WORLD EDITORS a few months ago. Huntington’s Alex Gao declaration of the “end of histo- Ashley Kim ry” seems laughable on its face. The spirit of our age is a spirit Eoin O'Farrell of protest: criticism for those problems left by those who came before, optimism for how we might solve UNITED STATES EDITOR them. In the pages to follow you will read the thoughts of a generation Noël Jones that, in the words of Nietzsche, know “how to pick up the spear and throw it onward from the point where others had left it.” DEPUTY UNITED STATES EDITORS Christian Armstrong Our cover article by Lamberto Lopez (p. 32) traces how progress can still Nhat Nguyen be made toward greater social equality. The tampon tax is illustrative of the persistent inequities still facing all people who menstruate as well as CALIFORNIA EDITOR the difficulties in overcoming them. In like terms, Claire Rider and Ethan Dara Streit Hill take us to California (p. 20) where the meeting of past and present is explicit. The accomplishments of today, namely, compensation for DEPUTY CALIFORNIA EDITOR student-athletes, must now fit themselves into those of yesterday, Title IX Nicholas Stabile and gender equality. OPINION EDITOR To look beyond the U.S., you can turn the page to Dylan McIlvenna-Davis’ Madhumitha Krishnan “Technology with Chinese Characteristics” (p. 27). Dylan describes the great progress and advancement that has been made in China over recent DEPUTY OPINION EDITOR years, but one need only look at Hong Kong today to see the dangers those Isabel Cholbi advancements hold for human rights. Here, optimism is matched with criticism blow-for-blow. ONLINE EDITOR Rudraveer Reddy Finally, though, if optimism is what you are looking for, you can read Anushe Nash’s look into Ranked Choice Voting (p. 36). The greatest DEPUTY ONLINE EDITOR strength of this generation is its belief in the possibility of change, and Joyce Ma what change is greater than to change how we make decisions? Marcus Tan These are but a few examples of the fantastic writing in this issue. It has been the greatest pleasure of mine to work with everyone at the Berkeley BUSINESS MANAGER Political Review, and I look forward to the work left to be done! Mike Haynes Sincerely, COPY EDITOR Ana Singh Liam Frölund Editor-in-Chief DESIGN DIRECTOR Pauline Hidalgo 2 DESIGN TEAM Allen Kim Catherine Hsu Jamie Noh Jennifer Kwon Nida Mirza Saya Linney

04 School Secession Movements Tara Madhav | ONLINE 06 Tunisian Ban on the Niqab in 32 TheTamponTax Is Public Institutions Unconstitutional, Period. Danilo Gleichmann | OPINION Lamberto Lopez | OPINION 09 Torture By Any Other Name 36 Ranked Choice Voting: A Solution to Shraya Blaisdell | CALIFORNIA Political Dysfunction Anushe Nash | UNITED STATES 12 Obamacare Wasn't Enough - We Need Medicare ForAll 40 Plea to Prison Pipeline: Assessing the Feasibility Alyssa Bernadino | UNITED STATES of Mass Plea Refusal Danielle Dosch | ONLINE 15 LGBTQ: New Battlegrounds Jason Tso | UNITED STATES 42 Dam Shame: Examining China's Hydro-Hegemony 18 Fires and Indifference Smother Nicholas Heinz | WORLD Indonesia's Rainforests Rachel Rombardo | ONLINE 46 Maxime Bernier and the People's Party of Canada 20 Pay to Play - Wrestling With the Graham Vert | WORLD Legacy of Title IX Claire Rider & Ethan Hill | CALIFORNIA 50 \"Carpooling Can Save the Planet,\" and Other Lies Exxon and Shell 23 Rebuilding the Invisible Hand: Want You to Believe The State of Housing Politics Charlynn Teter | OPINION in California Colin Weld | CALIFORNIA 27 Technology with Chinese Characteristics: China's 53 Que Sarin, Sarin: Conflicting Narratives Strategic Vision in 2019 Surrounding the Usage of Chemical Weapons in Dylan McIlvenna-Davis | WORLD the Syrian Civil War Chance Boreczky | WORLD 30 Political Reform &Dialogue: Hong Kong Goverment's Only Way 56 Drawing the Life Out of the Out of Its Legitimacy Crisis Fourth Amendment Xiantao Wang | ONLINE Gowri Nayar | OPINION CON- 58 The Mental State of California's Prisons Isabelle Kokona-Dussau | CALIFORNIA 61 Amber Guyger: A Symptom of White Supremacy in American Policing Dario McCarty | UNITED STATES TENTS 3

SCHOOL SECESSION MOVEMENTS by Tara Madhav O ne of the most contentious debates in Bay Area K-12 education in the past decade did not take place in a struggling school district — the fight took place in an East Bay suburb over the future of a relative- ly well-achieving high school. Northgate High School lies on the eastern boundary of Walnut Creek, a town located about 16 miles away from Berkeley. Northgate scores fairly high on metrics that assess school perfor- mance — the average graduation rate is 96 percent, the average SAT score is 1280 on a 1600 scale and 20 per- cent of students are enrolled in Advanced Placement classes. Northgate would naturally attract interest from parents hoping to ensure their children receive the best education possible. In fact, parents of students in Walnut Creek took it upon Vox themselves to capitalize on Northgate’s high quality ed- ucation. The Northgate Community Advocacy for Our ing the political authority of school boards as opposed Public Schools (CAPS) group was formed in 2013 with to the federal and state governments has long persisted the aim of creating a separate school district that would in debates over American education. include Northgate High School and five other schools. Parent advocacy groups like Northgates’ attempt to The impetus that school secession movements put forth create districts they claim are more accountable to stu- for their rationales is an old one — by making school dent needs. On its website, Northgate CAPS declares districts smaller and increasing local control over pub- that a new school district would bring local control over lic education, the quality of education will go up. This education to the community, stating that with 32,000 is because school funding formulas are designed so that students, the Mount Diablo Unified School District has most funding comes from local tax revenues. A school become too big to effectively provide for all students. like Northgate gets more funding because residents in its zoned area are richer and pay higher taxes because Northgate CAPS’ argument reflects the sentiments of of higher home prices. the school secession movement. The school secession movement consists of parent groups spearheading ef- The political underpinnings of school secession move- forts to secede from a larger school district, stating that ments are strong; conservatives in education reform smaller school districts are easier to manage and there- have long argued for less government intervention in fore increase the quality of education. Hercules and education. In a Los Angeles Times article, Alexander Pinole tried to break off from West Contra Costa Unified Nazaryan characterizes the intentions of secessionist School District in 2005, while parents in Foster City in groups like Northgate CAPS as selfish rather than racist, the South Bay tried to break off from San Mateo-Foster an expression of a Reaganist ideology that prioritizes City Elementary School District. The greater movement individual well-being above all else. to strengthen “local control” over education by increas- 4 ONLINE

He states that “local control of atively affecting fiscal status and Regardless of intention, it is clear schools is an assertion of this pa- management (if Mt. Diablo Unified that school secession can have se- rochial sentiment, a desire to share is able to correct a $48.3 million rious negative implications for stu- nothing with the next village over.” deficit). While the Northgate dis- dents who are left behind in the trict met the criteria for discrim- home school district without ac- While school secession advocates ination/segregation because its cess to higher performing schools. emphasize the importance of fos- creation would not lead to drastric In Milliken v. Bradley (1974), the tering “local control,” these new racial segregation, the proportion Supreme Court ruled that school school districts have been known of minority students attending the districts did not have to adhere to reinforce class-based and race- Northgate district would be around to integration efforts unless they based divisions. Research pub- 32% while the proportion of mi- were clearly discriminating against lished in AERA Open, a journal of nority students attending Mt. Dia- students of color; this decision en- the American Educational Research blo Unified would be around 59% (a abled white flight, which led to the Association, found that school dis- 4% increase from current minority growth of white-majority suburbs trict boundaries accounted for, on enrollment). and deepened geographic segrega- average, 64% of multiracial school tion. Northgate CAPS stated in one segregation by 2015. If the Mount While Northgate CAPs is not overt- article on its website that instead Diablo district were split in two, ac- ly creating a more segregated of blaming parent advocates, the cording to the Los Angeles Times, school district, its parent leaders public should focus its disdain on Northgate would become a most- are not amenable to changes that Mount Diablo district leadership ly white district (66%). Mt. Diablo would reduce the disparities cre- and its failure to properly educate Unified is currently 41% white and ated by a separate school district. students. But despite this declara- 36% Latinx. Linda Loza, president of Northgate tion, by trying to secede from its CAPS, criticized a 2016 decision by home school district, Northgate Northgate High School principal the school district to allow students CAPS shows little concern for what Michael McAlister echoed concerns from other middle schools to attend may happen to the students left of the school board when he stated Northgate. The two schools are also behind when Mount Diablo’s high- that if the split occurred, the per- in Walnut Creek but are located 30 est-achieving high school leaves. centage of white students at North- minutes away from Northgate. Spe- gate High School would go up from cifically, she criticized the board’s School secession ultimately matters 58% to 80%. The Northgate ser- decision that if Northgate became because education facilitates social vice area also contains some of the overcrowded, students might have mobility. The most respectable and highest residential real estate list- to enter a lottery to gain admission lucrative jobs are reserved for those ings in the Mount Diablo district, to the school. Northgate CAPS’ in- who have benefited from proper with prices ranging from $800,000 tention is to create a school dis- schooling, but factors like race, eth- to $1.5 million. Additionally, the trict only meant for those who live nicity, socioeconomic status and state board of education provides within the Northgate-zoned area geographic location play a large role nine criteria that new district pro- of Walnut Creek, a move which will in access to proper public educa- posals must meet for their peti- give an already high-achieving area tion. Parents who attempt to carve tion to be considered (and that are the ability to isolate themselves. out separate, more high-achieving meant to prevent school segrega- districts often do so along socio- tion). According to School Services Right now, Northgate CAPS’ plan economic lines; these divisions lead of California, the proposed North- is in a state of limbo. In 2017, its to separate education for students gate district failed to meet state re- efforts to push a vote on the plan whose parents can pay higher taxes quirements regarding the increased ramped up. In August of the same for better schools and those whose costs of facilities and the creation of year, the Contra Costa County parents are unable to provide the an inequitable division of property. Board of Education voted against necessary local tax revenues. The proposed district met criteri- recommending the group’s petition on regarding an adequate number for formation. The petition was for- School secession movements of students, community identi- warded to the California Board of are about creating “community” ty, discrimination/segregation, no Education for the final decision, but schools — just for a very specific substantial increase in the cost of Northgate CAPS reported a waiting type of community. school facilities, not increasing time of two to two-and-a-half years property tax values and not neg- for the agenda item to be heard. 5

TUNISIAN BAN ON THE NIQAB IN PUBLIC INSTITUTIONS Attack on freedom of expression or necessary security measure? by Danilo Gleichmann O n July 5, Tunisian Prime 98 percent Sunni Muslims, the Minister Youssef Chaed de- country has long felt a growing clared an official ban on the divide between its secular and Is- use of the niqab in the country’s lamist forces. The country is seen public institutions. The ban came as progressive compared to other about in the aftermath of a dou- North African countries and has ble suicide bombing in the capital, a complicated relationship with Tunis. One of the attacks, which religious clothing. When Tunisia took place on June 27, AlJazeera was a French colony, the Tunisian reported that a witness saw one of elites followed a nation of ‘colo- the bombers disguising themselves nial modernity’ and viewed the veil with a niqab. as backward and oppressive. This mindset of ‘unveiling to modern- While in the West, bans on ize’ is rooted in the Tunisian na- face-covering veils are causing tional identity, causing a cultural controversial discussions, in the divide between the secular and the case of Tunisia, this might be pre- religious. The government banned cisely what the country needs. the use of the hijab and niqab up until the Arab Spring under THE INTRODUCTION the rule of secular leader Zine El Abidine Ben Ali. After 2011, Tuni- OF THE BAN sian women were allowed to wear Even though the country’s re- religious clothing after decades of ligious demography consists of 6 OPINION

ban. However, due to the political instability that the state to tell the individual how they ought to the Arab Spring catalyzed, the influence of practice their faith. However, the acceptance Islamist terrorist groups grew substantial- for religious clothing sharply declines when ly all over North Africa. Seeing the in- referring to burqas and niqab as a form of creasing potential threat, the Ministry expressing religious identity. There are of Interior of the newly elected secular significant distinctions to be made be- government passed ‘controls’ on the tween different veils. The hijab is a scarf niqab, fearing that terrorists could use that covers the hair but leaves the face it to cover weapons and bombs. Amid of the beholder fully visible. The niqab the growing secular-religious tensions covers the hair and most of the face, in the country, the secular govern- leaving only the eyes visible. A Burqa ment won re-elections in 2016, and fully covers the body and the face, Youssef Chaed was named Prime including the eyes. Saloua Ken- Minister. In his primary address, nou, the president of the As- Chaed told his people that they sociation of Tunisian Women ‘must be prepared to make for Research and Development sacrifices’ and named his top (AFTURD), told Morocco World priority to be the war on ter- News she hopes that the ban rorism. Tunisia saw a string of will be definitive. In the West, terror incidents targeting both we often argue that women civilians and military forces in “It is my should be “free” to wear what 2015 and 2016, which contin- they want. Thus, denying any- ued up to the 2019 twin suicide one their right to cover their bombings on the capital. Thus, face, and I face is seen as a human rights it does not come as a surprise violation. However, some, like that the Prime Minister felt a am free to Saloua, argue that, “The niqab call to action. It is the string of cover it or hides women, makes them sil- terror attacks along with the use houettes, objects that need of face-covering veils as vehicles to be hidden.” In this context, for terrorism that is causing the Tunisian women rejecting the need for new legislation. While uncover it.” niqab might be construed as an national security depends on re- act of feminism and one can ef- stricting the use of face-covering fectively diffuse the argument veils, a ban will not come without that face-covering veils are a its downsides. human rights issue. However, human rights groups are warn- THE ing against legally restricting QUESTION REGARDING FREEDOM its use. Amnesty Internation- OF EXPRESSION al warns of the stigmatizing When the first niqab controls effects nationwide bans will came about in Tunisia in 2014, have on veil users and that women expressed their dislike the bans may cause religious for such restrictions. Students violence and hate crimes. It such as Habiba, a 21-year-old may also have unforeseen university student, said to Al- consequences on the women Jazeera, “It is my face, and I who use face-covering veils. am free to cover or uncover it.” The veil is supposed to serve Agnes de Feo, a French so- as a sign of modesty, and in a ciologist, studies the use secular society, it is not up to of veils in France and other places. After France 7

banned the use of the niqab and ecuted terrorist incidents. A series tors, and the niqab and burqa give burqa in 2010, she started docu- menting the effects the ban had on of both Western and non-Western terror groups a way to hide their users. She found that women us- ing niqabs and burqas felt a loss in nations have banned or limited the identities as they conduct their their autonomy to express their re- ligious identity and viewed the ban use of face-covering veils. Seeing attacks. The effect will be the stig- as French institutional discrimina- tion against Muslim women. They that burqa bans in non-Western matization of innocent women stopped going outside and chose to stay at home. The effect of a ban states is not something new rais- who use face-covering veils. How- might be counterproductive as the isolation of a minority will leave es the question: how the case of ever, considering the modern-day them more vulnerable to extrem- ism and radicalization. Tunisia is different? The answer nature of the niqab and burqa and THE LEGITIMACY OF THE NIQAB BAN is its geopolitical position. Tunisia its use in terrorist activities, this Even though most instances of ter- rorism do not include the use of a is an Arab country and a member sign of modesty is becoming a se- niqab or a burqa, limiting potential vehicles for terror can help main- of the Arab League. It is the only vere threat. With the increasing tain collective security.While legis- lation related to the veil varies sig- Arab country restricting the use need for collective security, leg- nificantly in the Muslim-world, it is not unheard of for a Muslim-ma- of face-covering veils after Moroc- islators have to take action. Still, jority nation to place restrictions on the use of face-covering veils. co, who banned the sale in 2017. they have to be careful not to iso- In 2017 The Telegraph compiled a report on all Muslim countries Being in a regional organization late groups as it may lead to more that have introduced burqa bans. In June 2015, Boko Haram execut- where attitudes towards the burqa severe, unintended consequences. ed an attack on N’Djamena, similar to the one seen this summer in Tu- and niqab range from obligatory nis. The perpetrators were women wearing burqas, and shortly after, to outlawed puts Tunisia in a pe- President Kalzeube Pahimi Deubet banned its usage and had all burqas culiar situation with the more con- on sale burned. The fear was that they once again could be used as servative members. The country camouflage to execute similar at- tacks. Shortly after N’Djamena, the has to find a balance between not government in Niger declared a re- gional burqa-ban in Diffa, a region only its internal sec- deeply affected by Boko Haram, to prevent future suicide attacks. ular and religious di- \"The effect of a ban Even non-muslim African coun- tries have introduced burqa bans visions, but also with might be counter- as a preventative measure against its fellow Muslim and terrorism;both Cameroon and Arab political blocs. productive as the Congo-Brazzaville have adopted Keeping in mind the similar legislation. The success of potential risk with a isolation of a mi- these restrictions is varied, but ar- eas highly prone to terrorism, such national ban, Tunisia nority will leave as Diffa, have seen a decline in ex- might have found a balance between re- them more vulnera- 8 ligious freedoms and ble to extremism and national security by limiting its restric- radicalization.\" tions to just public institutions. Face-covering veils is a legitimate security threat for the Tunisian state, hence, banning their use in public institutions is a model that creates a compromise between the secular and religious in the country. WHAT DOES THE FUTURE HOLD? Despite the backlash from human rights activist groups, in some in- stances, limited bans can be the right thing to do. Areas where ter- rorism is a potential and signifi- cant threat can benefit from ap- plying a targeted ‘Tunisian-style’ ban. Facial recognition is an es- sential tool in capturing perpetra-

TORTURE BY ANY OOTHER NAME By Shraya Blaisdell O F or the first time in the 17 years since in small/cramped spaces. Moreover, the CIA the CIA began torturing Abu Zubayd- agents subjected him to a mock burial and O ah at Guantanamo Bay, a San Fransisco they played on his phobias, like his fear of O Ninth Circuit district judge recognized the cockroaches, throughout his custody. O Palestinian man’s treatment as “torture” in a court ruling. Most of these practices were common in the O CIA’s Detention and Interrogation Program The ruling was part of an ongoing investi- that was said to include “enhanced inter- gation of the creators of the “enhanced in- rogation techniques” on captured peo- terrogation techniques” used in the Poland ple after 9/11. It was conducted between CIA detention centers that detained Zu- 2002 and 2009, with the authorization baydah. In 2018, U.S. District Court Judge of officials in the Bush Administration’s Justin Quackenbush dismissed the case on White House and the Department of Jus- grounds of the “state secrets privilege” and tice. This treatment resulted in permanent “national security interests.” However, the brain damage, seizures, and loss of vision, Ninth U.S. Circuit Court of Appeals recently among other effects. ruled to rescind his dismissal and allow the same judge to reconsider the case. Regarding Zubaydah’s relation to the 9/11 terrorist attacks, a 6,700 page 2014 report by The CIA first decided to hold Zubaydah in the Senate Select Committee on Intelligence its custody once it suspected his involve- concluded that he was not part of Al-Qaeda ment in the 9/11 terrorist attacks and clas- nor did the interrogations find much evi- sified him as a “high-ranking operative” in dence or intelligence on terrorist activities. Al-Qaeda in 2002. Since 2002, he has been detained at the CIA’s detention centers in However, the U.S. government has nev- different global locations. He was the first er called the CIA’s treatment of Zubay- person ever to be held in a CIA “black site.” dah torture. Instead, it used the term He has been in Guantanamo Bay without “enhanced interrogation techniques,” a charge from 2006 to the present day. euphemism frequently given to systemic tortuous treatment of CIA detainees. De- The San Francisco court recorded that, spite the 2014 report’s findings going pub- during his custody, Zubaydah was water- lic, no court has deemed Zubaydah’s treat- boarded, held in a coffin box for more than ment as torture on record except the Ninth 11 days, slammed or “walled” against a con- Circuit Court of Apeals in San Francisco in crete wall, deprived of sleep, and was kept September of 2019. CALIFORNIA 9

This use of the term “enhanced in- Thus, Zubaydah’s treatment should They rarely come to a consensus. terrogation techniques” is not sim- ply about protecting government be considered torture in both the In 2002, for example, the Assistant secrets. It is also about letting the US government get away with acts colloquial and statutory senses in Attorney General Jay Bybee signed that would be unacceptable out of wartime. It is about not taking ac- courts of law. a memo stating that interrogation countability for seriously negative and useless actions. tactics such as waterboarding, sleep It is important to note that the Joseph Margulies, an attorney deprivation and slapping did not Ninth Circuit Court of Appeals considered Zubaydah’s treatment who represented Zubaydah for ten violate laws against torture in the torture colloquially. However, the interrogation techniques employed years, told the SFChronicle that the cases in which there was “no intent during his custody may also fall under the statutory definition of appelate court ruling was a “mile- to cause severe pain”. Then in 2007, torture as well. The United States Code, a compilation of general stone” because of the court’s ac- Bush signed an executive order that and permanent U.S. federal stat- utes, states under section 18 U.S.C. knowledgement of the torture. It stated that the CIA is forbidden to 2340A in a 2004 memo that torture is prohibitted. The memo defines is important that the San Francisco use cruel or inhumane treatment torture as “an act committed by a person acting under color of law court called it torture, because even during interrogations of detainees, specifically intended to inflict se- vere physical or mental pain or suf- after many investigations, reports, even of suspected terrorists. A later fering (other than pain or suffer- ing incidental to lawful sanctions) and orders on torture and different investigation in 2012 of two deaths upon another person within his custody or physical control.” kinds of interrogations allowed by of CIA detainees resulted in no Because the “enhanced interroga- the CIA, nobody has legally classi- prosecutions. These instances fail tion techniques” were sanctioned by the Bush Administration, it fol- fied those specfic actions as torture. to give the public any consistency lows that the pain and suffering that Zubaydah has had to live with Not classifying those techniques as or closure. as a result of the interrogations do not fall under the United States’ torture allows the US government definition of torture. and the CIA to use them without Regarding Zubaydah’s case, Mar- However, the 2004 memo does state that there is no utility in “parsing any accountability. gulies told the SFChronicle that the specific intent element of the statute to approve as lawful con- the courts must not “equivocate. duct that might otherwise amount to torture.” In other words, be- In previous investigations deal- ” Continuing to use antiquated cause the court cases dealing with the subject of torture have been so ing with the “interrogation tech- and misrepresentative terminol- inconsistent with how they deter- mine the intent and purpose of the niques” carried out from 2002 to ogy like “enhanced interrogation torture, it is not necessary to delve into intent if they would otherwise 2009, the courts have thrown out techniques” is to continue to put be considered to be tortuous acts. the cases in order to protect na- security over justice. Federal courts tional security. Now, the Ninth Cir- should be committed to proving cuit ruled that the confidentiality the truth, not concealing it. rules that prevented torture cases “Thus, Zubaydah’s from being ade- treatment should be quately dealt with considered torture...” in the past are not meant to keep the government from scrutiny or to hide “uncomfort- able facts.” Having a defin- itive ruling on Zubaydah’s case is still necessary in 2019 because the U.S. govern- ment and the ex- ecutive branch have always had a tumultuous rela- tionship with cas- es dealing with interrogations, war, and the CIA. 10 New York Times

“There is never any guarantee that there will be even a small chance.. Arguably, euphemisms are not always harmful. How- about terrorism, torture and intense techniques should ever, Paul Chilton, a cognitive linguist and Emeritus be used. Others may argue that the San Francisco Court Professor of the University of Lancaster, posits that eu- of Appeals ruling makes the U.S. look weak and wishy- phemisms are devices of discourse and that discourse washy about our intelligence-finding mechanisms and is “produced by institutional or individual agents with that in order to seem strong in the face of other po- different degrees of social and political power.” tential terrorism strikes, all courts must refrain from “scolding” the CIA. The Justice Department’s decision not to call the tech- niques torture is not an abirtrary one. Moreover, the ef- However, there is never any guarantee that there will be forts to try to prevent the court from deciding whether even a small chance that government agents will find the treatment was torture was most likely a political out information on terrorism by means of torture. Fur- move and used the government’s inherent power over thermore, there are a number of costs that come with an individual’s means to fight for himself in order to torture like unreliable information, possible retaliation protect the government’s reputation. Refusing to cor- from other countries and the emotional and physical rectly classify a government action denies its possible toll on the people involved. Strong nations should also impacts and ramifications and inhibits accountability. encourage healthy rebuttals and exchanges between Moreover, it is harder to address issues with the ac- the people, courts and the government’s actions. knowledgment and response they necessitate if the is- sues are not recognized correctly. To deny an act’s true definition will protect those in power who conduct illegal functions and prevent prop- Courts other than the San Francisco Court of Appeals er attention towards the actions, victim, and interro- should continue to define this treatment as torture gators. Marguilies urges our courts to be platforms for because this treatment needs to be recognized for its reflecting public disapproval of this treatment, or the harmfulness, and calling it torture will bring the neces- nation risks keeping torture in its repretoire of “accept- sary legal and public attention to it. able policy responses.” The San Francisco Circuit’s rul- ing will allow future court cases regarding similar issues Some people would argue that no matter what the name to make a stand against the CIA and people that want to of the treatment of suspected terrorists is, torture and euphemize immoral government actions. These rulings other interrogation tactics are necessary to ensure the are necessary to ensure that the American government safety/security of California and the country. As long and the country confront their past. as there is a chance of finding out useful intelligence that government agents will find out information on terrorism by means of torture.” 11

OBAMACARE WASN’T ENOUGH — WE NEED MEDICARE FOR ALL by Alyssa Bernadino diabetes, cancer or even pregnancy — and could charge people more if they had such conditions. Prior P rior to the enactment of the Affordable Care Act to Obamacare, more than 25 percent of Americans — or, as it is more commonly known, Obamacare either did not have health insurance or were — health insurance in the United States failed underinsured, meaning the health insurance they Americans in two significant ways: it did not cover did have did not adequately pay for health care costs, enough of the country, and it did not make health care especially in relation to their income. Unsurprisingly, affordable. Health insurance companies were legally this inadequate coverage disproportionately affected allowed to deny people coverage for having pre- the poor, as well as people in the middle income existing conditions — medical conditions a person has before starting a new health care plan, such as 12 UNITED STATES

bracket. People’s incomes simply could not keep up expensive. In 2016, insurance premiums for families with the rising cost of health care. had increased 20 percent since 2011 and 58 percent since 2006. The high cost of health care has resulted Fast-forward to present-day: Obamacare has been in in about half a million families filing for medical full effect for five years (the law passed in 2010, but most bankruptcy each year — accounting for a whopping reforms did not take effect until 2014), and the amount two-thirds of all bankruptcies. of people covered by health insurance companies has undoubtedly increased. The biggest accomplishment On September 14, Vermont Senator and 2020 of Obamacare is its ability to provide coverage to presidential candidate Bernie Sanders took to Twitter people who did not have health care before, expanding to ask his followers, “What’s the most absurd medical access to low-income individuals and people of color. bill you have ever received?” While not the most More than 20 million Americans gained coverage scientific way to determine the affordability of the through Obamacare, such that in 2017, approximately current health care system, the responses to Sanders’ 10 percent of Americans were uninsured — a 15-point question highlight a real need to overhaul the current improvement from pre-Obamacare days. In addition system. People cited medicals costs upwards of to this, Obamacare successfully prevented health $60,000 for an appendectomy, $4,000 for a spider bite insurance companies from being able to deny people and over $45,000 for hospitalization after being hit coverage for pre-existing conditions. by a drunk driver. However, the Affordable Care Act miserably fails in Perhaps most revealing of the unaffordability issue is honoring the “affordable” part of its name. Yes, more that people have turned to crowdfunding platforms people are insured, but health care in the United States like GoFundMe as a replacement for health insurance, remains the most expensive in the world because according to GoFundMe CEO Rob Solomon, who noted profit-driven insurance companies continue to charge that one-third of all donations on the platform go absurdly high prices. The United States spends over toward medical expenses. $3.5 trillion on health care, or about $11,000 per capita, whereas other wealthy countries spend about half as Cue Medicare for All, a government-run universal health much per person and return better health outcomes. For care plan penned by Senator Sanders. Compared to such a steep price for health care, it would not be too Obamacare, this plan would assure everyone coverage; much for Americans to expect quality medical services. similar to Medicare and Medicaid, the government Yet, Americans have worse health outcomes and higher would be the ultimate price negotiator. In its purest, infant mortality rates than is expected for a major unadulterated form — Sanders’s original bill — the country, much less the richest country in the world. government alone covers the cost of all necessary health care, hence the commonly used term “single-payer” to Where United States healthcare spending is on par describe the plan. Unlike Obamacare, Medicare for All with other countries is in its public, or government- would do away with private, profit-driven insurance funded, health care systems — Medicare and Medicaid companies, putting an end to out-of-pocket payments — that offer lower prices for health care compared to such as deductibles and copays. The end of private private insurance companies. The government is better health insurance companies would also bring about able to negotiate prices down for people using public the end of “out-of-network” health care professionals, health insurance because public insurances cover a increasing accessibility and choice, as people will be wider amount of people than the hundreds On September 14, Vermont able to see any doctor of insurance companies that all have to share they choose. Instead, the remaining population. So if hospitals Senator and 2020 presidential the government refuse to accept the negotiations made by candidate Bernie Sanders would cover primary the government for Medicare and Medicaid and preventive patients, they lose out on a lot of business. took to Twitter to ask his care, mental health followers, “What’s the most services, dental With the current state of affairs under absurd medical bill you have care, vision care and Obamacare, private insurance companies are ever received?” reproductive care, still allowed to exist. And while Obamacare among other services. provides discounts to offset insurance costs for people at or four times the federal poverty level, doing so is not making the cost of health care any less 13

In terms of prescription drugs, Sanders proposes with better financial means would have better access no one pay more than $200 a year for them. Under to medical care. And so long as private, profit-driven a single-payer system where the government has insurance companies exist, people will be paying the negotiating power, pharmaceutical companies higher prices for medical services compared to a will no longer be able to put profits before people by public option. charging high prices for necessary medication. Take, for example, insulin, a life-saving drug for diabetics Compared to its preceding health care system, it is no that costs five dollars to make. Several pharmaceutical doubt Obamacare improved coverage in the United manufacturers have marked up the drug more than States — but it is high time we provide equitable, cost- 5,000 percent, which has left people resorting to effective and accessible Medicare for all. rationing their insulin, a sometimes deadly course of action. Already, 10 people who rationed their insulin have died in the past three years. Under Medicare for All, no one will have to desperately choose between life or debt. Of course, as Republicans like to tout, there’s no such thing as a free lunch. To pay for all this, Sanders offers several proposals, most of which target the highest- earning income brackets, such as a new wealth tax on the top 0.1 percent and increased income and estate taxes. While everyone but those making less than $29,000 would pay into the system, the tax system would be progressive — that is, those with the highest incomes pay the most. Sanders argues that the “overwhelming majority” of people end up saving money by not paying for unpredictably high premiums, deductibles and copays. A majority of Americans now support Sanders’ health care proposal and want to see the United States join the rest of the Western industrialized nations that offer health care as a right, not a privilege. Since its growth in popularity among the nation, Medicare for All has become somewhat of a litmus test among “progressive” 2020 Democratic Presidential candidates who are trying to set themselves apart from centrist Democratic candidates, like former Vice President Joe Biden, whose plan is to expand and improve upon Obamacare. Several candidates who co- Under Medicare for All, no sponsored Sanders’ bill — Senators Kamala Harris, Cory Booker and Kirsten Gillibrand one will have to desperately — want a public health care option but do choose between life or debt. not support eliminating private insurance companies. The problem with this is that the existence of private health insurance companies would fail to eliminate inequality of health care outcomes — people 14

NEW BATTLEGROUNDS Aimee Stephens was fired from her job.A hardwor- by Jason Tso king, loyal employee of Harris Funeral Homes, she had professionally executed her job for more approximately 75,000 to 125,000 individuals, the March than 6 years. Why then, was she dismissed? Because she, embodied the idea that everyone deserves the same rig- in fact, was born a he. hts, regardless of sexual orientation or gender identity. Forty years later, the LGBTQ community has taken large When Ms. Stephens finally had the courage to come out strides in bridging the gap between the rights of mem- to her boss, she was fired immediately, solely for daring bers and non-members. On June 26th, 2003, the Supre- to embrace her gender identity. She sued, and now her me Court struck down anti-sodomy laws and allowed full fate, along with that of countless others, rests in the homosexual expression at home in the case Lawrence v. hands of the Supreme Court. Texas. On June 9th, 2015, the military took steps to allow gay and lesbian individuals to serve their country. And This is only the newest development in a long-raging finally, on June 26th, 2015, in Obergefell v. Hodges, the campaign for LGBTQ equality. In 1979, Washington D.C Court required all states to permit same-sex marriage. became the site for the first National March on Washing- Although progress is slowly being made in the LGBTQ ton for Lesbian and Gay Rights. Generating a crowd of movement, one domain of rights is currently in conten- tion at the Supreme Court: the workplace. UNITED STATES 15

Title VII states that “it shall be an who was fired because she dressed comparable evils...Title VII prohi- unlawful employment practice and behaved as a woman despite bits 'discriminat[ion]...because of... for an employer...to discrimina- being biologically male. The second sex. [This]...must extend to [sex-ba- te against any individual...becau- and third cases, Altitude Express sed] discrimination of any kind that se of such individual’s race, color, v. Zarda, and Bostock v. Clayton meets the statutory requirements.” religion, sex, or national origin.” County, are combined for their si- Furthermore, with regards to gen- The key contention is whether the milarity, as both raise questions on der identity, in Glenn v. Brumby in inclusion of “sex” protects those of whether being gay or lesbian is pro- 2011, the Eleventh Circuit held that different sexual orientations and tected from employment termina- a person is transgender “precisely transgender individuals. tion under Title VII. The questions because of the perception that his granted were heard on October 8th. or her behavior transgresses gender This split is starkly visible in fede- stereotypes,” therefore there is a ral circuit courts. On April 4th, 2017, In terms of its final verdict, Supre- connection between discriminating Kimberly Hively sued Ivy Tech Com- me Court precedent favors expan- against transgender individuals and munity College on the grounds of ding Title VII protections to sexual on the basis of “gender-based beha- Title VII when it denied her employ- preference and identity. In 1998, in vioral norms.” This suggests that ment. On appeal, the Seventh Circuit the case Oncale v. Sundowner Offs- the prohibition of discrimination on Court ruled that Title VII protected hore Servs., the Supreme Court ru- the basis of sex encompasses that of individuals based on sexual orien- led that same-sex harassment is sex the kind that discriminates against tation, breaking from an Eleventh discrimination as included in Title those of a traditionally non-confor- Circuit Court ruling on a similar case VII. Justice Antonin Scalia, a no- ming gender identity and can be ci- stating that it did not. These “circuit table conservative, highlighted that ted as convincing precedent by the splits” caught the attention of the while harassment based on sexual Supreme Court. Supreme Court. In order to establish orientation was, “not the principal national legal uniformity, the Court evil Congress was concerned with However, there is the possibility of granted certiorari to 3 cases. The when it enacted Title VII...statutory overturning such precedent. Many, first one, Harris Funeral Homes v. prohibitions often go beyond the including Judge Diana Sykes, who EEOC, pertains to Aimee Stephens, principal evil to cover reasonably was once a top contender for the “It is clear that something has to be done to protect the rights of the LGBTQ commu- nity.” 16

“...this may be the single most decisive case in pursuit of equality under the law since Brown v. Board.” Supreme Court under Trump, have the opposite, with precedent being callbacks when competing with a argued that although they believe the predominant driving force in the non-transgender applicant. In addi- in equality for all members of the majority of court rulings. tion, 25 percent of LGBTQ members LGBTQ community, it is simply not are burdened with an income below the case that sex as stated in Title VII Ultimately, it is clear that something $24,000 as opposed to 18 percent entails sexual orientation and gen- has to be done to protect the rights of their peers. The results are grim; der identity. Sex, they stress, is defi- of the LGBTQ community. Currently nearly 27 percent of LGBTQ indivi- ned as the biological assignment of there are no federal laws explicitly duals face food insecurity, in stark gender at birth, completely separate protecting the rights of members of comparison to only 15 percent of from whoever one is attracted to or the LGBTQ community in the work- their fellow peers. which gender one later on chooses place, and they are forced to turn to to identify as. They are wary of the state laws for protection.As it stands, In 1973, homosexuality was still Supreme Court ruling in such a way 27 states do not have laws stopping considered a mental disorder. Ame- as to “stretch” the application of the private companies from firing ho- rica can be proud to say it has come a word because they see it as essen- mosexual or transgender indivi- long way since then. Although there tially rewriting the statute, which is duals, and only 20 states have full are still more battles to win in this beyond the scope of the Court. This protection for LGBTQ individuals in campaign, the Supreme Court has argument was filed by the Depart- the workplace, housing and public a rare chance to secure a decisive ment of Justice in an amicus curiae accomodations. The consequences victory. This community has fore- brief to the pending cases. However, are clear. Despite achieving nearly ver struggled under the oppressive this take rests on shaky foundations, identical educational success with fist of an intolerant society, and this because issues of sexual orienta- their non-LGBTQ peers, LGBTQ in- may be the single most decisive case tion and gender identity inherent- dividuals suffer from almost doub- in pursuit of equality under the law ly deal with issues of sex, and how le the unemployment rate at 9 since Brown v. Board. The justices on they challenge the traditional ste- percent, compared to their peers at the bench must remember Justice is reotypes of gender-conforming be- 5 percent, and a Cornell University blind, but America is watching. havior. Beyond that, they must con- Study showed that only 11 out of 24 tend with years of precedent that say transgender job applicants recieved 17

New York Times Fires and In- difference Smother Indonesia’s Rainforests By Rachel Rombardo W hile the Amazon forest fires take center stage in environmental reporting, the fires that an- nually engulf the Southeast Asian rainforest have drawn little attention. As of mid-September this year, more than 320,000 hectares burned, primarily in the Kalimantan region of Indonesia. The fires will continue until the wet season, which begins between late October and mid-November. Smog from the fi- res spread across Indonesia to neighboring Malaysia and Singapore, causing an AQI of over one thousand in some areas and the closure of over six hundred sc- hools across Malaysia. In addition to worsening defo- restation and carbon emissions, the fire threatens a variety of endangered species, including the Sumat- ran tiger, rhino and orangutan. Most actors in the area, including Indonesia’s go- vernmental agencies and President Joko Widodo, ac- knowledge the cause of the fires is the use of slash- and-burn techniques to clear land for agriculture. This technique involves cutting down existing vegetation before burning the land. Although the pulp and log- ging industry are also largely responsible, Indonesia is the world’s largest producer of palm oil, which is the industry most targeted by environmentalists. Palm oil plantations cover twelve million hectares of what used to be rainforest. Due to the fires’ detrimen- tal environmental and health impacts, President Joko

Widodo put a temporary morato- Not only does the policy lack them only by their initials. Orig- rium on granting licenses to clear strength but the government also inally in mid-September, three forest and peatland in 2011. As of failed to prosecute implicated cor- companies were announced, with July this year, the ruling is perma- porations. According to Rasion the initials AER, APB, and SKM. nent. Despite the government’s Ridho Sani, the ministry’s Direc- By October 2nd, companies by the attempts to crack down on ille- tor-General for law enforcement, initials AUS, NPC, and IGP were gal agricultural burning, the fires enforcement has previously focused also identified as suspects. Five of persist. This is directly due to the on bringing offenders to civil court the six suspect companies are con- failure to act by the president and and placing companies on admin- firmed to be either Malaysian or Indonesia’s Ministry of Environ- istrative sanctions. This year, he Singaporean. The lack of specific- ment and Forestry. claims, they, “are using criminal ity in the government’s announce- instruments more intensively.” ment makes it impossible to know Although the government has This may be true in the case of how much land these companies upheld the moratorium, defores- offending individuals, as approx- have cleared and the amount they tation due to fire is the highest imately 185 people have been ar- have made from doing so. It is also it has been since 2015. The po- rested in connection with the fires. difficult to detect any corruption licy is primarily a response to the As of September 16th, according surrounding the issue and to de- growing international criticism of to National Police spokesman termine why these six companies Indonesia’s inaction rather than Dedi Prasetyo, 23 of those inves- were chosen as scapegoats. genuine concern, as it is both limi- tigations were assigned to prose- ted in scope and contains several cutors, and 43 more will be tried. With the identities of the offending loopholes. It only applies to land However, while the government corporations obscured, account- controlled by the Ministry of En- has been fairly quick to investi- ability is forgotten, and it cannot be vironment and Forestry, excluding gate and charge accused persons, expected that this will curb inten- land controlled by regional gover- it continues to rely on sanctions tional burning in the future. While nments and forest that has already to punish accused corporations. individuals were charged as crimi- been conceded to corporations. It These sanctions can include either nals, major corporations continue also specifically excludes secon- fines or loss of concessions and li- to face only civil actions. As with dary forests, meaning millions of censing. Since 2015, only financial many large corporations across the hectares of already cleared forest penalties have been leveraged, and world that have committed atroc- will be unable to recover. Further- an equivalent of 1.2 billion USD in ities, civil suits have been ineffec- more, there are no stated penal- fines are unpaid. Not a single sanc- tive. To protect Indonesia’s rain- ties for the unlicensed clearing of tioned company has paid its fines forests, as well as the health of its land or for local governments that in full. This year, Sani claims to citizens and the surrounding popu- grant licenses despite the presi- have sanctioned 64 corporations, lations, the Indonesian government dential decree. According to the 20 of which are foreign. Consistent must bring criminal charges against Ministry, the rate of deforestation with previous years, the ten com- the leaders of offending agricultur- in the area covered by the morato- panies owning the concessions al companies and be transparent in rium has decreased by 38 percent with the largest burned area are its investigations. It has an obliga- since it was instituted. However, not included. tion to the citizens being harmed by the data shown below recorded by these recurrent natural disasters to Global Forest Watch contradicts Most importantly, Sani has an- publish the results of these inves- this claim, showing an increase in nounced criminal investigations tigations and publicly name those both tree cover loss in region and into several palm oil companies. responsible for the destruction of overall fire alerts in the country. However, he chose to identify Indonesia’s rainforests. \"With the identities of the offending corporations obscured, accountability is forgotten\" ONLINE 19

PAY TO PLAY: Wrestling With the Legacy of Title IX by Claire Rider and Ethan Hill 20 CALIFORNIA

C alifornia’s “Fair Pay to Play Act” (SB-206) signals The vast majority of educational institutions benefiting an apex in the long debate over whether or not to off the current status quo have been against S.B. 206 from pay college athletes, and the bill is poised to affect the beginning. Surprisingly, the majority of higher edu- college athletics everywhere as soon as January 2023. cation institutions took the side of the NCAA. Accord- Similar bills are being drafted in state legislatures across ing to the very first Bill Analysis taken by the California the country, while California’s own educational institu- Senate Committee on Education on April 3rd, the official tions warn of the “unforeseen consequences” to come. list of opposition would potentially include the Califor- It’s important to remember that S.B. 206 was the product nia State University system, the University of California, of unmet need: S.B. 206 is only making waves in the wider Stanford University, and the University of Southern Cal- world of college athletics because of the many ways the ifornia. By September’s analysis, that list would grow to current status quo fails college student athletes. Clearly, include the 80+ independent colleges and universities the time has come to act — what \"To properly reflect the standard de- across the state that make up the has California done so far? Association of Independent Cal- mands of a collegiate athletic department,ifornia College and Universities. Senate Bill 206 was co-written competitive individuals should be referred by California Senators Nancy to as athlete-students...\" It should be no surprise then that Skinner (D-Berkeley) and Steven many of those institutions have Bradford (D-Gardena). Introduced by Senator Skinner sounded the alarm: UC Berkeley, Stanford, USC and the in February 2019, the finalized law as written provides University of California have all put out official state- and protects California intercollegiate athletes’ right to ments offering almost verbatim words of caution against be compensated for monetized usage of their name, im- the “unintended consequences” coming with the pass- age, or likeness. The bill also includes strict clauses pro- ing of S.B. 206. None have been more outspoken than tecting any athlete or educational institution from any the NCAA itself: the body has maintained fervent public attempts by, “athletic association, conference or other opposition since President Mark Emmert first sent a let- group or organization with authority over intercollegiate ter to the California legislature in June, condemning the athletics” to barr said players or institutions from either bill’s for its chance to “alter materially the principles of receiving compensation or intercollegiate athletics as a intercollegiate athletics and create local differences that whole. Within the bill, the NCAA is to directly cited by would make it impossible to host fair national champi- name as one of those authorities deemed legally unable onships.\" Since its passing, the NCAA has taken a harsher to interfere. stance, sending a second letter to not just cite the bill as unconstitutional, but to warn against California’s schools In what the NCAA premonitions as the “professional- “being unable to compete in NCAA competitions.” ization” of college athletics, with this bill comes a legal mandate for said professional representation as ob- While whether its willingness to pull the plug on Califor- tained by student athletes to be solely from “persons nian athletics as a whole is a sign of strength or desper- licensed by the state” and operating accordingly with ation has yet to be seen, the NCAA’s stubborn insistence the existing federal Sports Agent Responsibility and on restricting collegiate athletics to “amateur” status Trust Act. S.B. 206 has effectively generated an entire makes one point clear: the current system of “amatuer” new sector of American sports talent agency, an already athleticism simply can’t stand on its own in the face of multi-billion dollar industry for professional and inter- mounting pressure — the ‘amateur’ status is an antiquat- national athletics. ed understanding of modern college athletic programs. In many ways the ‘amateur’ status is only a title; in re- S.B. 206 stands in direct contradiction with current NCAA ality, there is no separation between professional ath- Bylaws, Principles, and Policy. Ethical Conduct explicitly letes and college athletes skill level, nor sport that they bans the presence of agents in today’s college athletics; play. A college football quarterback plays the same sport Article 12 of NCAA division 1 Bylaws explicitly dictates as a professional football quarterback. While their time that amateurism be prerequisite to athletic eligibility, and effort devoted to the sport might not be complete- enforcing “a clear line of demarcation between college ly equitable, their compensation for that time and effort athletics and professional sports.” As it stands, current is drastically unequal. The imaginary ‘amateur’ status is NCAA operations restrict players from contracting a per- exploitation of college athletes and an unfair economic sonal agent or accepting prize money or any other form restriction on individuals. of liquidatable compensation; it otherwise mandates that there is to be no monetary gain from their participa- The other argument against Bill 206 is that monetary tion in college athletics. compensation will discourage college student-athletes

from their education. As most collegiate athletic depart- der to equal the playing field, this needs to be standard ments emphasize, a student-athlete is a student first. legislation across the nation and not just in progressive These individuals are not going to college to play a sport, California politics. but rather should be afforded the opportunity for educa- tion through sport — it is a medium for education rather The NCAA is opposed to this legislation and threatening than an end goal in itself. to bar California schools from competitive participation. During the legislative process, the NCAA urged Governor This argument, however, is undermined by the amount Newsom to veto the bill but in late September, Gover- of time that university athletic programs demand from nor Newsom signed the bill into law, effective January their athletes. According to a for- \"The imaginary 'amateur' status is 1, 2023. The NCAA only responded mer UC Berkeley female athlete*, with concern over states creating student-athletes are expected to exploitation of college athletes...\" their own patchwork of policies plan their class schedule around their practice sched- that create unequal and un-standardized recruiting pro- ule. A standard, daily practice schedule is given and then cesses but has not aggressively shamed or punished Cal- the students are expected to craft a flexible academic ifornia for passing the legislation. schedule around practice times. In addition to sched- ule planning, if athletic competition clashes with the While the bill does restore significant individual rights already-adapted academic schedule, athletics are prior- to student-athletes, it might also inadvertently further itized and students are expected to miss for competition the gap between male and female sports. The legislative purposes. “Student”, although rhetorically put first, is action could potentially be in violation of Title IX stip- clearly the secondary position in the eyes of collegiate ulations over gender equality in collegiate sports. Male athletic departments. To properly reflect the standard athletes will absolutely benefit significantly more than demands of a collegiate athletic department, competi- their female counterparts. If compensation is based on tive individuals should be referred to as athlete-students, personal pursuit of economic gain — whether by con- given that they are almost always demanded to put their tracting an agent or personally managing economic en- sport above their studies. deavours based on athletic image — male athletes have a stronger opportunity for economic gain. Women’s sports The prospective benefits of allowing compensation for are not as highly valued as men’s sports by the public. In student athletes greatly outweighs any of the opposing the professional industry, women make significantly less arguments. A 2011 report from the National College than men for the same sport and get significantly less at- Player Association,\"The Price of Poverty in Big Time Col- tention from the media. A USC study on television news lege Sport\", found that 85 percent of college athletes that media found that networks, in 2014, devoted only 3.2 per- are on collegiate scholarship still live below the poverty cent of time to female athletic competition. While partic- line. These athletes, although afforded an opportunity ipation and public interest has supposedly increased in for education, are providing free labor to a corporatized female sports in the last decade, allotted media time and industry (the NCAA) that accumulates over $11 billion public attention has not seemed to increase at all. annually. This is, as the NCPA argues, “the suppression of wages of an unnamed labor force artfully referred to With less media exposure, female athletes are unequally as “student-athletes’.” S.B. 206 necessarily restores own- restricted to potential economic compensation for their ership to student-athletes over their personal image and image; purely because their ‘image’ is not publicized to likeness. Rather than being used as a commodity of a the same extent that male images are. This structural larger institution, the individual is given personal oppor- inequality in media time will translate to fundamental tunity to benefit from their labor. inequality in compensation for college athletes. Athletes cannot benefit if they have no public image and wom- The bill does, concedingly, create unfair recruiting ad- en have a fundamentally stunted pathway to construct a vantage for California schools. If a college athlete is po- public image. tentially compensated in one state and not in another, it would be common sense and economically wise to choose While this bill might be highly supported by athletics a school where compensation is possible. This does not departments and is a progressive action restoring indi- mean that the bill is harmful to the college athletic in- vidual rights, it unintentionally furthers the gender pay dustry as a whole; rather, California is just making a pro- gap and worsens gender inequality. There needs to be gressive act of change in which its recruiting advantage larger structural change, following this legislation, to acts a push for other schools to catch up. The recruiting ensure more equality in the broader athletic community. advantage is a temporary benefit urging action for fair S.B. 206 is a beneficial and progressive start to creating a compensation and opportunity across the NCAA. In or- more equal system, but it is far from the perfect solution.

Rebuilding the Invisible Hand: by Colin Weld The State of Housing Politics in California CALIFORNIA 23

R ecently, it has become obvious to everyone in The political ethos forming the foundation of A.B. California that the state is experiencing a housing 1482 is obvious — arguments for rent control rely crisis. Housing supply is limited, rents are high on a pro-renter rhetoric that places the interests of and many can no longer afford to live where they tenants above those of landlords and owners. David once did. As the rate of homelessness has increased Chiu, the author of A.B. 1482, cites “high rents, and homeless populations have become more visible, evictions and homelessness” as his main concerns. the state of housing in California becomes difficult Moreover, A.B. 1482 contains tenant protections to ignore. And this housing crisis is accompanied by beyond just expanding rent control to additional visible public discussion of the politics surrounding properties. The bill demands just cause for evictions housing — terms like “gentrification” or “NIMBY” of long-time tenants and requires landlords to are as ubiquitous in political conversations as pay tenants a relocation assistance fee if evictions “Democrat” or “taxes.” occur to renovate apartments or convert them to condominiums. As is typical for statewide rent Currently, two bills in the California legislature offer control politics, A.B. 1482 was initially opposed a glimpse at what the future of housing in the state by the California Association of Realtors (CAR), might look like. The first, A.B. 1482, legalizes rent which primarily represents the interests of property control statewide to attempt to prevent residents owners, and the California Apartment Association from being priced out. The second, S.B. 50, removes (CAA), which represents landlords. Critics of A.B. barriers for housing construction near transit centers. 1482 claim that the bill disincentivizes construction It is not controversial to recognize that California’s of new rental housing and does nothing to increase housing crisis requires a solution. But widespread the housing supply. CAR claims its opposition to A.B. disagreement surrounding these bills reveals deep 1482 stems from concerns about California’s housing ideological rifts in California surrounding housing crisis; if so, this would imply that they do not feel that prevent a consensus on housing policy and pit that rent price-gouging is an issue, despite constant A.B. 1482 and S.B. 50 against each other. increases in rental prices. The average three- bedroom apartment in California costs 20 percent “A state housing policy that more in rent than in 2014, and increases in major contains both A.B. 1482 cities are even higher. These rent increases are not and S.B. 50 is unfocused, matched equally by salary increases: the majority of renters in the state spend more than a third of their unprincipled and internally income on rent. CAR’s belief is that landlords will not inconsistent” unjustly increase rent prices if their rental businesses are already sufficiently profitable. At first glance, it is not clear that S.B. 50 and A.B. 1482 conflict. The policies do not directly contradict each The debate over A.B. 1482 is more ideological than other, nor do the proponents of each policy directly evidence-based. To tenants’ advocates, CAR’s and oppose the other. The clash between S.B. 50 and A.B. CAA’s beliefs miss the point. Arguments for rent 1482 lies deeper than the words of the bills; rather, control often rely on the assumption that housing is the base political tenets of the two bills conflict on a human right. From this perspective, concern over a fundamental level. S.B. 50 is implicitly justified by the profits of landlords or the financial incentives political beliefs that favor housing developers, future to build more rental housing is incidental, since renters and the deregulation of housing in general, the availability of housing should not be dependent while A.B. 1482 fundamentally supports current on the market. Nor can the market reliably manage renters and would implicitly introduce obstacles and landlord-tenant relations, since the rights of tenants disincentives to development. A state housing policy are absolute and not dependent on the economy or that contains both A.B. 1482 and S.B. 50 is unfocused, the availability of housing. While CAR and CAA do unprincipled and internally inconsistent. not necessarily disagree — CAA actually supports A.B. 1482 as long as landlords still have the ability to perform reasonable evictions — its concern is not tenants’ rights, but landlords’ and owners’ profits. In light of this, evidence-based debates about rent 24

control, tenants’ rights and A.B. 1482 are somewhat “...discussion surrounding immaterial. S.B. 50 is often an ideological debate masquerading as an In contrast, justification for S.B. 50 rests on the evidence-based discussion” assumption that the single greatest issue in California’s housing crisis is a lack of rental housing crisis is to increase the supply of rental housing at supply. As Scott Weiner, the father of the bill, puts it, all incomes. And although S.B. 50 requires that “the fundamental problem is that we have a massive developers must build some affordable housing in housing shortage, which explodes housing costs and combination with their chosen projects, Weiner which puts enormous pressure on tenants … we have anticipates that the market will dictate, in general, to lessen this pressure by adding more housing of all which kinds of housing should be built where, and varieties at all incomes.” Through S.B. 50, Weiner the amount of affordable housing required is the aims to reduce barriers to new construction by maximum possible that wouldn’t make new housing modifying residential zoning laws in areas deemed unprofitable. Some critics of S.B. 50 hone in on these “transit centers” or “job centers”, thereby increasing requirements, claiming that the bill will not produce the supply of housing and decreasing its cost. Much enough affordable housing, the required rates are too like the political debate about A.B. 1482, discussion low and developers may choose to build mostly high- surrounding S.B. 50 is often an ideological debate income housing in wealthier neighborhoods. These masquerading as an evidence-based discussion. There fears are not unfounded; California still suffers from are two principal ideological tenets conflicting with an affordable housing shortage despite efforts to S.B. 50 — first, the feeling by homeowners that the promote its construction, and S.B. 50 only requires state should not undermine local laws to materially larger construction projects to build affordable change the character of their neighborhoods and enable developers to make more money; second, the idea that S.B. 50, and development in general, is a naked attempt to promote gentrification with all its ill effects. Supporters of the first argument align with a position generally known as NIMBYism, a collection of ideas espoused by (mostly white) homeowners who are terrified that their bubble of single-family suburban neighborhoods might be shattered by “character-changing density”. Although similar in some ways, the second argument relies on the premise that new housing is not affordable for current residents of a neighborhood and that construction of new housing to replace old is an indirect effort to push out residents of color in favor of upper-middle class white professionals. While the rhetoric of arguments supporting S.B. 50 is not explicitly pro-developer, opponents of the bill generally oppose it on the grounds that it is pro-developer. While the arguments against S.B, 50 previously mentioned come from very different constituencies, both oppose the bill because they see it as excessively supporting development (note, however, that both arguments oppose development for fundamentally different reasons). Moreover, Weiner’s description of S.B. 50 as a bill to increase the supply of housing aligns it with groups like CAR and CAA, whose proposed solution to the housing 25

housing. But as for A.B. 1482, Weiner and the bill’s critics are engaging in two separate conversations. Even if Weiner is correct about the impact of S.B. 50’s potential impact on the profitability of new housing, opponents of the bill don’t trust the market to regulate housing correctly. Instead, opponents of S.B. 50 believe that other things are more important, like the integrity of neighborhoods, so Weiner’s attempt to optimize housing supply and developer profits is somewhat irrelevant. Seen this way, A.B. 1482 and S.B. 50 are not in agreement. Although not in direct conflict, A.B. 1482’s emphasis on protecting tenants at the expense of landlords and developers does not align with S.B. 50’s focus on reducing rent prices for new tenants while maintaining profits for developers. At this point, it is unlikely that both bills will pass — the legislature has passed A.B. 1482 after the California Apartment Association signed on in support, and Gavin Newsom is expected to sign the bill; meanwhile, S.B. 50 has been effectively tabled after strong opposition from across the political spectrum. For the near future, pro- renter politics seem to have broken through. It remains to be seen whether or not pro-development politics can achieve a similar compromise. 26

Technology with Chinese Characteristics byDylan McIlvenna-Davis China’s Strategic Vision in 2019 S tanding before the 17th General Assembly of the braced the ideals set forward by President Xi, making Chinese Academy of Sciences just over a year after technological leaps that are leaving experts great- his election to office, Xi Jinping opined, “we cannot ly concerned. To better understand the CPC’s tech- always decorate our tomorrows with others’ yesterdays.” no-strategic vision, there are three key factors worthy Five years later on October 1st, 2019, President Xi echoed of consideration: innovation, telecommunications, that sentiment while addressing a crowd of thousands and cyberwarfare. in Tiananmen Square, declaring, “China yesterday is al- ready engraved in the history of mankind [...] and China A September 18th report from the Council on Foreign tomorrow will be even more prosperous.” Throughout Relations reveals that the United States is losing its in- his tenure as president, Xi Jinping has spearheaded Chi- novation edge to China in a variety of ways. Beijing is na’s “transition to innovation-driven growth” first called not only projected to be the leader in R&D funding for in his speech to the Chinese Academy of Sciences. In by 2030 but also the leader in “artificial intelligence the year of China’s 70th anniversary, such a transforma- (AI), robotics, energy storage, fifth-generation cellu- tion is worth reflecting on. lar networks (5G), quantum information systems, and possibly biotechnology.” The legitimacy of the means October 1st brought an anniversary parade of extrava- through which China has bridged this gap are heavily gance to the nation’s capital city of Beijing where security disputed, but the underlying reality remains that Chi- was high and military muscle flexed. Xi Jinping delivered na is accelerating technologically past other nations at an address to the nation, footnoting his administration’s an unprecedented pace. struggles geopolitically and domestically while extolling Chinese nationalism and “Socialism with Chinese Char- “It’s no longer about making widgets anymore, it’s acteristics.” Despite the trouble brewing amid a messy about making the machine, or better yet, inventing the US-China trade war and an even messier handling of the machine,” said Phillip Rogers, a UC Berkeley Ph.D. stu- Hong Kong protests, the success of China’s state-spon- dent researching China in a comparative context. sored innovation may eclipse these geopolitical threats. This acceleration is prompting some nations to try to The Communist Party of China (CPC) has warmly em- hit the brakes on Chinese-made technology. Chinese SECTION 27

telecommunications giant and ma- nese companies without the need surveillance cameras, voice recog- jor distributor of 5G, Huawei Tech- for prior consent. nition capabilities, and big data ser- nologies, was effectively banned vices to the government and for ex- from the United States in May. US In addition to influencing domestic port.” Chan further states that such officials cited concerns about the companies, foreign multinational technology has already been used in close working relationship be- corporations (MNCs) are far from places such as the Xinjiang province tween the major tech firm and the immune to the hand of the Chinese to control the majority-Muslim Ui- Chinese government, exposing the state. Forced Technology Transfers ghur population. urgency felt by the US to hold back mandate MNCs to bend over back- Chinese advancement. Further, the wards to operate in the vast Chinese TELECOM widespread adoption of Huawei economy, a market that good capi- While important, innovation alone networks and products worldwide, talists find hard to resist. According is incapable of delivering the results especially in places like Africa, have to a report from the United States Xi Jinping commands. To accom- ignited the fears of Western coun- Trade Representative, 21 percent of plish the daring vision of the CPC, tries that China is strengthening its members in the American Chamber the power of information-shar- global footprint through its tele- of Commerce in Shanghai “had felt ing must be harnessed. President communications industry. pressure to transfer technology in Xi has done this by exploiting the exchange for market access.” telecommunications industry. Tele- Cyberwarfare is also a demonstrable communications technology refers part of CPC strategy,as evidenced by At the heart of these sweeping poli- not only to the expansion of dedi- the 2019 Worldwide Threat Assess- cy changes pushed by the Xi admin- cated telecom providers like Hua- ment report published by the US istration is the pledge “that China wei but also to the increased level Director of National Intelligence. will become a “global ‘innovation of censorship and the exportation The report lists China as “the most leader’ by 2030.” One of the most of state-run media as a method of active strategic competitor respon- commonly discussed pieces of policy control. According to an annual re- sible for cyber espionage against is the Made in China 2025 initiative. port on worldwide freedom in media the US Government, corporations, As an article from The Diplomat ex- by Freedom House, the CPC has ag- and allies,” with specific attention plains that Made in China 2025 aims gressively increased its worldwide given to cyber theft of intellectual to turn China into a manufacturing media presence over the past five property and the destructive capa- superpower by isolating “10 priori- years, producing pro-Chinese news bility of Chinese cyber attacks on ty sectors” which includes AI, aero- organizations that are “promoting critical US infrastructure. space, and information technology. the CCP’s narratives, suppressing The CPC has been pushing hard to critical viewpoints, and managing Moving down from a top-level reduce its reliance on outside econ- content delivery systems.” analysis, it’s time to examine how omies through this initiative, lead- each element of this CPC strategy ing to an uptick in technological and A recent controversy emerged in late functions. economic innovation. September of this year as documents revealed how popular social media Artificial intelligence is one of the app TikTok censors posts referenc- INNOVATION most notable areas of expansion. ing events like the 1989 Tiananmen Beijing holds a natural advantage While speaking at the Center for Square Massacre. This is no surprise, over many of its Western counter- Data Innovation, the US Chief Tech- as China was ranked the worst coun- parts in the realm of innovation. As nology Officer Michael Kratsios cau- try for internet freedom for the 4th a unitary, centrally-planned state, tioned that China is quickly bridg- consecutive year in the 2018 Free- the line between public and private ing the gap in AI research with the dom on the Net report, which noted is blurred almost to the point of ob- United States, a circumstance that how a 2017 national intelligence law scurity. Foreign Policy’s Ashley Feng would not have been possible with- used to force public-private partner- writes that recent formal and infor- out policies like Made in China 2025. ships was also used to mold social mal actions of the CPC“make it quite Phillip Rogers adds that China has a media platforms like WeChat into difficult to distinguish between what fundamental advantage in develop- agents of the CPC. is private and what is state-owned.” ing machine learning as a result of Doctoral student Phillip Rogers the sheer quantity of data China can China’s immense disinformation comments that the CPC has a strong access through its population. power is on display as the widely re- grip on the “levers of control” within ported Hong Kong protests drag on private companies through licens- The implications of AI are already with no resolution in sight. These ing, permit distribution, and admin- visible in Chinese society according protests are being heavily censored istrative procedures. All told, Beijing to an article in Time magazine in and misrepresented in Mainland exerts significant influence over the which author Melissa Chan writes, China and by state-run media ini- private sector, allowing the Chinese “commercial giants such as Sense- tiatives around the world. According government first-hand access to the Time, Megvii, and Yitu sell smart to Gary Wong, professor of sociology inner-workings of the biggest Chi- 28 WORLD

from the University of Hong Kong, example, computer viruses or deni- ers, a 2015 Russian-linked attack on many social media platforms have al-of-service attacks.” the Western Ukrainian power grid become hotbeds for “sharing disin- that left 240,000 citizens temporar- formation to discredit the protes- The growth of the cyber field has ily without power demonstrates the tors [...] and exaggerate the level of revealed vulnerabilities in every present capacity for an attack of this violence.” In the case of Hong Kong, industry that has a connection to nature. Coupled with the significant CPC manipulation of the narrative technology. According to a repre- increases in technological capacity has led to nearly unbridled police sentative from the Center for Long- in the following 4 years, the possibil- brutality against protestors and Term Cybersecurity, “the cybersecu- ities of these disruptive infrastruc- rampant imprisonment without due rity landscape changes rapidly, and ture attacks continues to increase. process. By misinforming, censor- decision-makers don't have good ing, and manipulating, the Chinese meta-strategies for keeping up.” In addition to infrastructure-based government enables its policy vision attacks, Gary Wong notes that Chi- around the world. The CPC takes advantage of such na has utilized Distributed Denial cyber vulnerabilities on all levels in of Service (DDoS) attacks against This vision can be seen in places an attempt to disrupt the interna- key websites such as LIHKG used by like Africa, where China has in- tional community. In early 2018, a Hong Kong demonstrators to com- vested heavily in various African theft of over 600 gigabytes of infor- municate and organize. nations to build clout and set stra- mation from a US Navy contractor tegic debt traps. The large-scale in- was tied to Chinese state-sponsored The full cyber capabilities of the CPC vestment in African nations comes hackers. Later that same year came have yet to be displayed. Instead, with other benefits for the Chinese the unsealing of a Department of the CPC has teased the internation- government, such as the expan- Justice indictment against two Chi- al community with hints at the full sion of its own telecommunica- nese nationals accused of numerous power of its cyberspace investment. tions industry. Huawei has taken computer intrusions in coordination It is difficult to predict exactly how a strong foothold in Africa and has with the Chinese Ministry of State the Chinese government will har- reportedly been encouraging and Security. Recent reporting indicates ness the power of cyberspace but enabling African governments to a concerted effort by the state-spon- early warning signs demonstrate a spy on their citizens and increase sored “APT3” cybercrime group to policy vision aimed at crushing in- mass-data collection similar to the infiltrate US companies’ networks ternational competition and coerc- methodology of the CPC. and steal valuable information as the ing governments. trade war continues with no resolu- In addition to its expansion in Af- tion in sight. A multi-year initiative Speaking to the world on October rica, Huawei and the CPC are posi- undertaken by hackers also associ- 1st, 2019, President Xi Jinping de- tioning themselves to win the“race” ated with the Ministry of State Se- clared the ushering in of a new era: for 5G, as Huawei has over 60 com- curity successfully infiltrated eight “Having caught up with the world mercial contracts to facilitate the major computer firms including IBM in great strides, we are now march- adoption of 5G networks. 5th Gen- and Hewlett-Packard Enterprises. ing forward at the forefront of the eration cellular networks are set times with boundless energy!” Five to reshape the Internet of Things, Observed individually, these events years ago, President Xi dictated a making it a critical technology for could simply be rogue cells within shift to innovation-driven growth any innovation-leading country to Mainland China. Observed together, while speaking to China’s scientif- acquire. According to Phillip Rog- these attacks reveal a broader pat- ic leaders in the Chinese Academy ers, controlling 5G distribution tern of espionage and subterfuge by of Sciences. Today, as China cele- means controlling the flow of in- proxies of the CPC. brates its 70th anniversary, Xi Jin- formation. These fifth-generation ping can rightfully enjoy a sense of networks aim to reimagine connec- The cyber policy of the CPC is not accomplishment. The techno-stra- tivity completely, ushering in a new limited to espionage, however. Ellen tegic ambitions of the CPC are be- era of technological innovation, or Ioanes writes in an article for Busi- ing realized in ways once thought rather, domination. ness Insider that advanced Chinese impossible as China rockets toward cyber capabilities threaten coordi- its goal as the global technology CYBER WARFARE nation of battlefield and military de- leader. Despite the international The final prong of the CPC’s tech- fenses by jamming communication community’s best efforts, President nology strategy is focused on cy- channels of adversaries while the Xi has successfully crafted China as berspace. The RAND Corporation 2019 Worldwide Threat Assessment the example of “tomorrow.” Wheth- defines cyber warfare as “actions by warns that Chinese cyberattacks er that is a good thing remains to be a nation-state or international or- could “cause localized, temporary dis- seen, but the evidence doesn’t pro- ganization to attack and attempt to ruptive effects on critical infrastruc- vide much in the way of comfort. damage another nation's computers ture.” While such attacks have yet to or information networks through, for be used directly between major pow- 29

Political Reform & Dialogue: Hong Kong Government’s Only Way Out of Its Legitimacy Crisis The civil unrest that burst on June 9, when over one by Xiantao Wang million people took to the streets, has been scouring Hong Kong for four months, and there is no indication Hong Kong’s competitiveness stems from diversity, that the strife is likely to subside within the foresee- modernity and flexibility unfettered by ideological doc- able future. trines. Hence, ideological legitimacy has never been a feasible option. The ongoing turbulence is Hong Kong’s people’s di- rect response to a controversial fugitive bill, which, if What Hong Kong government has been latching onto passed, would allow mainland Chinese authorities to is performance legitimacy. Nevertheless, it is intrin- extradite suspects from Hong Kong. Beijing claims the sically unstable due to its complexity and diminish- bill would save Hong Kong from being a safe haven for ing utility once citizens take it for granted and start criminals, whereas protestors evince their disaffection asking for more. of the nontransparent Chinese judiciary. This crisis typifies how polarized Hong Kong’s society has been “Ideological legitimacy has since 2014, when the government and protestors irrec- never been a feasible option.” oncilably clashed over the issue of universal suffrage. Beijing’s and Hong Kong’s governments tried to appease Universal suffrage is a constitutional responsibility en- citizens through economic incentives, but the outcome shrined in the Basic Law, the territory’s mini-constitu- in hindsight is barely satisfactory. Tourism and eco- tion, which stipulates that political reform in Hong Kong nomic partnership favorable to Hong Kong, which Bei- will be carried out “in [a] gradual and orderly progress” jing launched after 2003 when 500,000 people joined to reach the “selection of the Chief Executive by uni- the anti-National Security Legislation protest, has versal suffrage.” Nonetheless, Beijing’s constitutional backfired, as ordinary people complain that corporates promise still seems elusive 22 years after the handover. reap most of the benefits, leaving citizens nothing but During the 2017 Chief Executive Election, John Tsang, gaping inequalities and an influx of disruptive tourists. the now incumbent Carrie Lam’s rival candidate backed by pan-democrats, satirized that Hong Kong’s people Procedural legitimacy is easiest to achieve, yet this would suffer from a “three-low leader with low popular is precisely what Beijing’s misgivings are about. Un- support, low energy, and low legitimacy.” Unsurpris- der the current system, no government officials are ingly, Tsang’s prophecy has come true. elected. The Chief Executive is nominated and elect- ed by a 1200-member committee, the overwhelming A synthesis of scholarship on legitimacy by sociologists majority of which pan-democrats believe are hand- Max Weber and Dingxin Zhao would dissect legitimacy picked by Beijing. into three pillars: 1) ideological legitimacy that encom- passes doctrines, traditions and cult of personality; 2) The Legislative Council has always been the most performance of legitimacy measured by the govern- contentious political arena in Hong Kong. How- ment’s ability to provide public goods; and 3) procedur- ever, its representativeness is also questioned by al legitimacy derived from due process and law. When pan-democrats, who have never preponderated de- it comes to Hong Kong, the government has none of spite the fact they always garner more popular votes. these. This is the crux of the crisis. This is because half of the seats are elected through Functional Constituencies, where corporations and groups at Beijing’s service dominate. 30 ONLINE

Hong Kong needs universal suffrage, for both the Chief criminately rebuked by lawmakers across the political Executive and Legislative Council, to construct its pro- spectrum. It is difficult for her to justify because she cedural legitimacy, not only because its effect would does not have any chance to connect her policies on be expedient but because it would also fundamentally the plank to popular support via elections. During this dissolve the tension between “One Country” and “Two crisis, the police’s forceful crackdown is intensely con- Systems.” This controversy triggered the 2014 Occu- tested by protestors. Pro-Beijing politicians often cite py Movement. Beijing was and still is concerned with the 2011 England riots to rationalize more coercive law the contingency that a CE with popular support dares enforcement (the mainstream supported the riot police to transgress, which is not an ungrounded concern. and harsher sentencing by the courts), yet they neglect Therefore, Beijing insisted upon a high nomination the fact that the government in UK has legitimacy, threshold, which pan-democrats lashed out at as cre- whereas Hong Kong does not. ating a “fake” universal suffrage. The bill was vetoed in 2015 without support from pan-democrats. Therefore, political reform is the only way for the Hong Kong government and Beijing to establish legitimacy. “Beijing needs to understand the This path is treacherous but reachable. In 2010, Beijing pragmatism of Hong Kongers” and pan-democrats reached a compromise through dia- logue, passing a historical political reform bill in LegCo. Without popular support, Carrie Lam is perceived by In 2014-15, the same process failed due to lack of dia- many as Beijing’s puppet, leading to the dire outcome logue, triggering the Umbrella Movement. Dialogue is in which pan-democrats always blame the Central Gov- the only mechanism through which Beijing and Hong ernment despite the fact that sometimes the disputed Kongers reinstate their mutual trust. Beijing needs to policy comes from Lam herself. This is the dilemma understand the pragmatism of Hong Kongers — they that Beijing has to confront insofar as it remains a pa- won’t elect a politician that flagrantly subverts Bei- ternalistic ruler in Hong Kong. jing. Hong Kong’s people should now demonstrate their pragmatism through peaceful tactics if they want to As for Carrie Lam, her policies — land reclamation, preserve autonomy and strive for universal suffrage. annual budget or even raising toll fees — are indis- 31

THE TAMPON TAX IS UNCONSTITUTIONAL, PERIOD. by Lamberto Lopez This article was inspired by the women in my life (specifically my friend Megan who introduced this topic to me), and therefore was written with a woman-centric perspective. With that in mind, I would like to acknowledge that periods are not something that solely women experience. Non-binary individuals also experience periods and are afflicted by a tax on menstrual products as well. While this article chooses to focus on the women’s perspec- tive with regard to advocating for menstrual equity, it is not with the intent to marginalize those who don’t identify as female yet experience periods. The fact is, anyone who experiences periods should not be made to feel shame or be forced to pay an egregious tax because of it. 32 OPINION

ogMefenhndasevtrirsnu,gaitls’oesqcaiuasilttyeeqpiustaonlwoittayaradrmsescournelgtastting it.his June, California state legislators and Governor Gavin Newsom agreed on a new budget that included provisions to exempt menstrual products from being taxed. Surely this is a death blow to the “tampon T \"tax” in California? Not quite — in reality, it’s more like a tranquilizer dart. This is because the exemption is only good for two years and then will be up for reconsideration by the state legislature. Albeit in temporary fashion, California joins a total of 15 states that currently do not tax feminine hygiene products; of those other 15, only five have deemed feminine hygiene products a necessity. This means that in 34 out of 50 states (nearly 70 percent) feminine hygiene products are taxed as luxury items. This is not only absurd, but a vehement infringement on a woman’s constitutional right to her pursuit of happiness; the fact is that feminine hygiene products are a necessity and should be treated as such. TAXATION should rule...But as a matter of law, their male counterparts, according WITHOUT the argument extends far deeper.” to research comparing male and REPRESENTATION So, clearly in order for this type female politicians of similar political of discrimination to end, there ideologies. Therefore, by including Beyond the monetary burden needs to be legal backing to these more women in the legislative this antiquated policy places on gestures. The institutionalized process, issues such as the “tampon women, the taxation on feminine taboo around menstruation, tax” have a better likelihood of hygiene products carries with it however, helps to perpetuate this being addressed. While current unconstitutional ramifications. type of discrimination by impeding trajectory does suggest eventual As Erwin Chemerinsky, Dean legislative dialogue. Lawmakers in parity in Congress, the roughly of the UC Berkeley Law School, the US, over 70 percent of which 100 to 200 year timetable isn’t argues, “The tampon tax amounts are men, often shy away from any viable, to say the least. Currently, to sex-based discrimination in discussion on the matter and even half of the countries in the world violation of the equal protection more often don’t take initiative have implemented some form clause, both under state and to remove this discriminatory of gender quota system in their federal constitutions – making tax or view it as a “tax break,” as respective parliaments as a way of it more than merely unfair or former Governor Jerry Brown did addressing the issue of women’s inequitable, but unconstitutional in 2016. As a nation, we have to ask underrepresentation in politics. and therefore illegal.” This is why ourselves: is it okay for our states The U.S. certainly has incentive the gesture by Governor Gavin to continuously balance budgets to implement a similar system, as Newsom, while appreciated, does on the uteruses of women? it currently ranks 76th out of 190 not go far enough. A provision countries in terms of women’s within a budget is susceptible to Women’s underrepresentation representation in legislatures. The the ebbs and flows of politics and in Congress plays an integral result of this underrepresentation does not provide reassurance that role in the persistence of the has been an irresponsible manner in women’s needs will continue to be unconstitutional taxation on which women’s health is prioritized protected. In Mr. Chemerinsky’s menstrual products. Studies have legislatively in this country. words, “As a matter of policy, shown that Congresswomen compassion and common sense introduce roughly twice as many “...But if women had written these bills that support women’s health as books, I know full well the subject would have been handled 33

differently. They know that they encouraged to be irresponsibly on menstrual products by many stand wrongfully accused, and that immature around the subject. In states that don’t view a woman’s order to break this cycle, it is vitally menstrual products as a need, the cake has not been divided up important to begin the process but a cosmetic luxury. In a survey equally, for the strongest take the of menstrual education, for both conducted earlier this year of almost lion’s share, and the one who does boys and girls, earlier rather than 200 women living in St. Louis, two- the sharing out keeps the biggest later. UC Berkeley lecturer Kirsten thirds recall at least one time over Vacca, Ph D. explains, “We have the last year in which they had to portion for himself.” failed to educate men on women’s go without menstrual products due health issues which becomes a to the cost. To further exacerbate - Christine de Pizan, Der Sendbrief vom problem when, historically, men the issue, federal programs such as Liebesgott / The Letter of the God of Love fill the majority of positions in WIC (Women, Infants, and Children government.” Men’s ignorance on program) and SNAP (Supplemental INSTITUTIONALIZED menstruation is not an excuse for the Nutrition Assistance Program) SOCIAL INEQUALITY persistence of an unconstitutional do not make menstrual products tax on menstrual products but needs available. This leads to federal In addition to the discriminatory to be addressed as it hinders social programs, which are created to assist implications that arise with the progress. Dr. Vacca also notes, “This low-income women, being limited persistence of a tax on menstrual relates to the general perception of in their capacity to do so as a result products, gender inequity is periods as disgusting or polluting of the blatant disregard for women’s reaffirmed, if not legitimized. How from the western male perspective, health by our political system. can we claim to live in a society that something that should be hidden, strives for gender equality when our silenced, never discussed.” In an It’s not often we wonder whether or politicians ignore, or even support, example of taking a step in the right institutionalized dicrimination direction; UNICEF created a comic not there will be toilet paper before against women? In fact, it could targeted at boys in Indonesia to help be argued that in our current educate them on menstruation at walking into a public restroom, we political system, guns receive an early age, and the results have more protection than women. been overwhelmingly positive. The just expect it to be there. Menstrual In Tennessee this year, a budget percentage of boys who felt that it surplus was used to eliminate a gun was wrong to bully menstruating products exist in the same vein as ammunition tax (savings consumers girls increased from 61 percent to roughly $500,000 annually), while a 95 percent. The U.S. educational toilet paper, yet we expect women previous bill proposed to eliminate system should integrate similar the “tampon tax” was shot down. methods in order to adequately to supply their own wherever and Heaven forbid we make it difficult educate children on menstruation, to shoot a gun in this country. which would subsequently addresses whenever they may need it. The Instead, women will continue to gender inequity by creating a culture be unconstitutionally taxed as a of empathy, not apathy. underlying reason is that as a result of this blatant disregard for their needs. Menstrual equity is not A SOCIOECONOMIC society, we view menstruation as a result of having social equality MALADY amongst genders, it’s a step towards a women’s issue that should be creating it. Unfortunately, the This social inequity is often felt preposterous manner in which we most by those closest to destitution kept out of the public sphere and prioritize issues alludes to an ever- — or those already there. Within existing disparity between these the intersection of socioeconomic thus further perpetuating gender aspirations and reality. disparity and gender inequity exists a woman who is deciding between inequity. For those who menstruate, The institutionalized taboo around buying food to eat or buying the menstruation stems from a lack tampons she needs. Low-income tampons and pads are a necessity of education which consequently women are especially afflicted perpetuates both gender and by the discriminatory tax levied and should be provided in the same menstrual inequities. On one hand, girls grow up being taught to be way toilet paper is. Furthermore, ashamed of their menstruation while on the other, boys have been girls in school shouldn’t be made 34 to feel like they are experiencing a monthly illness when they are forced to go to the nurse’s office for an emergency tampon or pad. In 2018, New York State legislators were able to agree on a bill that included a provision that required public schools (grades 6-12) to provide free tampons and pads to its students. More states need to take similar initiatives in order to address the negative socioeconomic implications menstrual inequity creates.

PERIOD.The tax on menstrual products is not onlydiscriminatory,it’sunconstitutional. A woman needs her tampons and is entitled to affordable access to them; it’s time that our tax policies reflect that. The mistakes of our past don’t need to follow us into our future. For decades we made women feel ashamed of something they have no control over, which subsequently reinforced gender dynamics that continue to afflict society today. By removing the “tampon tax” we can begin to deconstruct the institutionalized gender discrimination it helped reinforce. If the Department of Defense can spend upwards of $80 million on erectile dysfunction drugs, I expect my sister’s menstrual products to at the very least be tax free. 35

Ranked Choice Voting: A Solution to Political Dysfunction by Anushe Nash What is Political Dysfunction and How not being met. Out of all the ad- Can the Steady Decrease in Voter Turn- vanced democracies in the world, out Affect Our Democracy? US voter turnout is the lowest. Among Americans across the U.S., Only about 60% of eligible voters the most significant factor lead- turnout for a typical election. In ing to a small percentage of voter addition, voter turnout is unequal turnout is the lack of confidence in and not representative of most US our current political system. This citizens, which leads to legislation sentiment stems from a variety of and policy that is not in the inter- reasons, such as feelings of apathy est of the majority. We need to be towards the electoral process as aware of our deteriorating dem- a whole, the difficulty associated ocratic system and engage vot- with voter registration and insuf- ers, especially young voters who ficient education about candidates usually have a lower turnout than for voters. older individuals. It is imperative to get young voters excited about As more voters are shying away taking part in the democratic pro- from the polls during county and cess at the age of 18 and ensure presidential elections, the threat that everyone gets registered to to US democracy grows. Skepti- vote. Voting reform and voter ed- cism of the current voting system ucation and empowerment for increases as voters feel that their those entering the democractic voices aren't being heard and that process are necessary to strength- their vote doesn’t “count.” With- en democracy and increase voter out elected officials that work in confidence and participation. the interests of American citizens, expectations and progress on oth- What is Ranked Choice Voting? er fronts that voters care about are 36 UNITED STATES

Low rates of voter turnout and lack of confidence in continuing candidates in accordance with the voters' our institutions and government to act in the inter- next preferences. est of American citizens leads to the disintegration Candidate A now has a majority of the votes and is of our strength and unity as a nation, indicating the thus the winner. need for structural voting reform. One solution that How Ranked Choice Voting is has proven to be successful thus far is the implemen- tation of Ranked Choice Voting (RCV) in municipal Beneficial for Voters and county level elections. RCV allows voters to rank One of the most compelling arguments in favor of their candidates by preference (1, 2, 3 etc). If a can- RCV is that the voters’ second choice candidate truly didate wins by majority in the initial round, they are counts if their first choice is eliminated after the first the clear winner and if there is no majority, the can- round of the election. As a result, voters are not left didate with the least amount of first preference votes feeling as though their vote is being “wasted.” In the is eliminated and voters who ranked that candidate current system there is no majority rule, meaning the first now have their ballots counted for their second individual with the most votes is the winning candi- choice in the next round of the election. This pro- date, even if a majority of voters didn’t elect them. cess repeats until one candidate reaches a majority With RCV, if a voter’s first choice candidate is not of votes and is declared the winner. The following elected in the first round, their second choice can- breakdown of how RCV works in three rounds for a didate is just as important in the second round. Be- made up election is taken from the Oakland League cause candidates know that their ranking as second of Women Voters: choice on a ballot may be just as important as being ranked first choice in the case that they are not elim- The number of votes needed to win is 5,001 votes; a inated, they cater to a wider array of voters’ issues in order to secure a vote from them on the ballot. This majority. leads to less animosity among the candidates and Round 1: The first choice votes are counted. No can- less voter frustration. Candidates know they need didate has received a majority of the votes cast. second choice votes in the scenario that the election reaches a second round, which forces them to find Round 2: Because no candidate reached the thresh- more common ground with voters and other can- old, the candidate with the fewest votes - Candidate E didates, thus making their behavior more amicable - is eliminated and the votes cast for this candidate are and improves their strategy of gaining votes. reallocated to the voters' second choice candidates. The votes for Candidate E are redistributed and go to RCV further promotes greater diversity among can- Candidate A and B in accordance with the voters' sec- didates and allows for a more representative cohort ond choices. No candidate has a majority of the votes. that voters have to choose from, due to the fact that multiple individuals are ranked on a ballot in RCV, Round 3: Candidate D now has the fewest votes and since there is not a binary focus on the two major so is eliminated. Candidate D's ballots are redistrib- parties. This levels the playing field and allows op- uted, but 200 of the ballots did not have a next choice portunities for minorities and underrepresented marked on the ballot and are set aside as “exhaust- communities, as it opens the process to newer and ed.” The other 1,200 votes get redistributed to the less known voices who now have a chance to be elected even if they are not ranked first on many 37

ballots. A study by Fairvote California reported that tations include Michigan, Oregon, Utah and more. the implementation of RCV has shown an increase in Each county and city has its own processes and rules women and minorities winning in California. More for the implementation of RCV. specifically, “women of color saw nearly a 25 percent success rate in their races; 40 percent for women Currently, millions of people across the US are al- overall, and 60 percent for people of color overall.” ready using RCV, especially because of the influence With RCV, voters have a broader array of candidates from big cities like San Francisco that have imple- to choose from that represent a diverse array of in- mented it. A study by Kimball and Anthony shows terests and don't necessarily fall into one of the two that compared to the primary and runoff elections major parties. A multitude of candidates helps work they replace, RCV general elections are associated towards greater improvements for major issues such with a 10 point increase in voter participation. A as climate change, immigration or the economy. majority of the data found online shows the positive changes RCV has made and how easy it is to under- Primary election turnout is extremely low, and only stand. a certain demographic makes it out to the polls. In 2018, the turnout for the midterm primaries was Very recently, Maine decided to use RCV for the up- only 19.9% of eligible voters. RCV conveniently gets coming 2020 general presidential election. A bill was rid of the primaries along with the heavy associated passed earlier this fall which serves as a landmark costs. All voting is completed in one large general illustrating the progress and growth of RCV imple- election. Voters don’t have to worry about coming mentation in the US. Maine’s Governor, Jane Mills, out to the polls twice, since two elections are rolled commented “My experience with ranked-choice vot- into one. Eliminating the low-turnout primary and ing is that it gives voters a greater voice, and it en- holding only one election in November will lead to courages civility among campaigns and candidates higher voter turnout and will be more beneficial for at a time when such civility is sorely needed.” States voters overall. Specifically, with RCV, voters only currently using RCV at county and municipal level have to disrupt their schedule or leave work once on elections should consider paying close attention to the date of the general election to vote. For those the growth of RCV in Maine and consider the success who work hourly jobs or are unable to easily access it has had there. It will be exciting and informative to transportation to polls, this makes a huge difference see how this new voting method works in the presi- for them and would increase voter turnout for that dential elections and if this will continue to improve demographic immensely. voter turnout in Maine. If it goes well, Maine could serve as a model for other states considering imple- Overall, the process of RCV is easily understood by mentation of RCV for upcoming county and city level the public and grants voters a greater voice and pow- elections, as well as future presidential elections. er in their vote, as well as allowing a greater diversity of candidates with a wide range of interests and plat- While RCV has many arguments in favor of its im- forms to run in elections. plementation, there are some counter-arguments that exist. One argument is based upon the worries RCV is a fast growing reform and is now seen across of cost associated with implementation due to logis- the United States in very prominent regions such as tical and technical changes and difficulties with the the Bay Area; including Berkeley, Oakland and San machines and printing of the ballots. Cost is also a Francisco for mayoral and city council elections, as worry, in terms of the need for large amounts voter well as cities in Colorado, Minnesota, Massachusetts, education about how RCV works in order for voters New Mexico and Maryland for city council, school to be clear about the process of voting and how their board and mayoral elections. Upcoming implemen- votes are counted. Others against RCV are skepti- 38

cal that the candidate with the actual majority is the one who gets elected at the end of the rounds. While there may be some initial costs and an education component associated with RCV implementation, the long term costs will be cut with the elimination of primaries and voter satisfaction will increase. Why Should Ranked Choice Voting Matter to You? Due to the current state of affairs in our country and world, civic engagement and participation in the political system is vital to maintaining our democracy. Many voters in the US are unhappy with the current voting system and want to see a change. RCV proves itself to be a solution to the political dysfunction we see today. It is im- portant that voters are aware of their options and are more informed about the voting sys- tem when taking part in its processes. Informed voters will lead to a greater voter turnout, more voices being heard and more issues that voters care about being represented by the candidates they are voting for. 39

PLEA to PRISONAssessingthe Feasibility of PIPELINEMass Plea Refusal by Danielle Dosch In the American criminal scholars such as Michelle Alexan- decarceration instead of a pro- justice system, more than der and Brady Heiner have advo- portionate expansion in prison 90 percent of all crimi- cated for mass plea refusal, where and court facilities. Heiner at- nal charges are resolved public defenders reject plea deals tempts to answer this objection through plea bargains. A and push their cases to court. in his essay: “The procedural plea bargain is an agree- This proposed solution rests upon entrapment of mass incarcera- ment wherein the de- the assumption that if every case tion: prosecution, race and the fendant pleads guilty to a crime, was taken to trial, the criminal unfinished project of American usually a lesser crime than the justice system would be forced abolition.” He argues that public original charge, and as a result, to bear the real cost of over po- reinvestment in mass incarcer- waives his or her right to a jury licing, charge-stacking and mass ation is ‘politically unlikely.’ He trial. What is typically under- misdemeanor processing. Simply claims that because state and stood as a strategic opportunity put: the system would grind to municipalities already apportion to avoid longer sentencing is, in a halt under its own weight. The substantial funds to corrections actuality, a tool used to sustain purported result? Broad crimi- and law enforcement in order to mass incarceration through a nal justice reform targeting the address overcrowding in state prioritization of efficiency that sources of mass incarceration. prisons, the electorate is likely to strips defendants of legal protec- reject any further bankrolling of tion. Plea deals, often taking the Though seemingly outlandish, the prison industrial complex. form of minute-long exchanges there is a strong evidentiary con- in courthouse hallways, are laden sensus that a mass plea refusal However, Heiner seems to neglect with power asymmetries. Prose- would successfully overwhelm the possibility that private pris- cutors — rewarded for the number the system. Because over 90 per- ons, unconstrained by state bud- of convictions they accrue — are cent of cases are resolved through gets and public resistance, capi- incentivized to engage in stra- plea bargains, there simply does talize on the surge of defendants tegic charge-stacking, conceal not exist the requisite number of in need of prison cells. Although information regarding the likeli- public defenders, courts or police private prisons account for a small hood of jury conviction and bla- departments to try every case overall percentage of the coun- tantly coerce defendants to plead that it charged. The question try’s prison population, they have guilty. Because plea bargains are then is not: is a crash of the sys- grown at a disproportionate rate far less time-consuming than tem possible? Rather, what is the in the past few decades, with an a protracted trial process, they most likely outcome of the crash? astounding 1600 percent increase keep the system moving at a rap- in their populations from 1990 to id pace and play an essential role It’s unclear why the same deci- 2005. The shift to private pris- in nurturing the United States’ sion-making bodies responsible ons would not only circumvent unparalleled prison growth. for mass incarceration would re- the need for progressive criminal spond to increased judicial back- justice reform, it would also re- In response, prominent legal log with drug legalization and sult in worse prison conditions for 40 SECTION

inmates. In order to lower operating costs, \"[Plea bargains private prison corporations tend to cut cor- are] a tool used ners by hiring fewer employees and providing to sustain mass fewer baseline resources to inmates. Further- more, because prison corporations stand to make profit when more people are sentenced to prison, they use lobbyists and campaign contributions to support for policies that call for harsher sentencing laws. For example, the Corrections Corporation of America, the largest private prison company in America, has dedicated $17.4 million to lobbying ex- penditures in the past decade and $1.9 mil- lion on political contributions between 2003 and 2012. The political influence held by pri- vate prison corporations casts heavy doubt on Heiner’s faith in altruistic federal reform. Even assuming that judicial crash is capable incarceration of jumpstarting progressive criminal justice through a reform, the intermittent court clog would be detrimental to those most at risk of prose- prioritization of cutorial predation. Already, those who await efficiency that trial spend years in pretrial detention simply ssttrriippss defendants because they cannot afford bail. Studies in- of legal protection.\" dicate a strong correlation between race and the likelihood of flight risk designation. Thus, those disproportionately harmed by bail deci- sions tend to be people of color and the poor. Pretrial detention results in the same harms as incarceration — family separation, job loss, drug addiction and recidivism. Additionally, lengthy pretrial detention can impair the preparation of effective defense because wit- nesses may forget information critical to se- curing a non-guilty verdict and face greater difficulty consulting legal counsel. Although American jurisprudence ostensi- bly rests on the presumption of innocence, the criminal justice system’s structural de- pendence on plea bargaining is strong proof of the contrary. Though the solution pro- posed by Alexander and Heiner is prohibi- tively utopian, they are correct that reform of some kind is needed to sever the plea to prison pipeline. ONLINE 41

Dam Shame Exploring China's Hydro-Hegemony by Nicholas Heinz I t was done in a panic. As Japan’s rapid and devas- tating invasion of China continued inward, Chinese President Chiang Kai-Shek turned to the Yellow River, a symbol of Chinese civilization, to accomplish what his soldiers could not. In early June, 1938, Chinese troops were ordered to de- stroy the dykes along the river with the hope that the re- sulting floods would halt invading forces. The result was cataclysmic. Thousands of square miles of agricultural land were destroyed, at least half a million were killed and millions were displaced. The victims were almost all Chi- nese citizens. The floods did little to stop the invasion. Today, China has adapted this strategy of weaponizing water, now for political gains. In an effort to pivot towards clean-energy infrastructure, Beijing has increased con- struction of hydropower dams along the major rivers of Asia, all of which begin within Chinese borders. But re- engineering natural river flows has left downriver nations at the whim of Beijing’s irresponsible distribution of wa- ter and dependent on its political goodwill. CHINA’S PLAN For nearly 70 years, China has controlled the Qinghai-Ti- bet Plateau — the largest freshwater reserve outside the polar ice caps and origin of the continent’s ten greatest rivers — which two billion people rely on. Beijing’s recent commitment to cutting back on fossil fuel consumption has led to a renewed interest in hydropow- er, which is now the second-largest energy source in the country (after coal). Reducing carbon emissions means overcoming the country’s reputation as a polluted hub of toxic industry, which has raised public health complaints both domestically and abroad. For a country with insuf- 42 SECTION Britannica

ficient reserves of fossil fuels, strong renewable energy has the capacity to release catastrophic floods in India infrastructure will also move Beijing towards its goal of and Southeast Asia that would permanently reshape energy independence. regional ecosystems. The truth is scarier: devastating artificial floods are more Harnessing hydropower will certainly reduce carbon likely to be the result of unintentional dam failure as a emissions, but it isn’t without its consequences. Domes- result of seismic activity (many dams are built in earth- tic rivers are becoming oversaturated to the point of de- quake-prone regions) or other structural failures. For cay with dams, yet the building frenzy shows no signs of example, China’s dam collapse in Tibet caused a quar- slowing. ter-billion dollars of damages for India and created thousands of refugees. Instead, Beijing is beginning to dam international riv- ers; according to the New York Times, China has pledged THE GREEN COST OF HYDROPOWER $635 billion in international water-infrastructure over This rapid and recent dam-mania has left the environ- the next decade. ment struggling to keep up. Downriver nations aren’t happy. The Mekong is registering historically-low water levels, leaving Southeast Asia in yet another drought that kills A NEW BARGAINING CHIP biodiversity and slows agricultural production. The nu- In 2016, the Mekong River, lifeline of Southeast Asia, was merous dams hindering free water flow and increasing- drying up. Rice fields couldn’t be irrigated, inland fisher- ly-shallow depths are having devastating effects on fish ies were empty, and once-floating villages now rested on migrations — particularly worrisome for a regional econ- dusty riverbeds. omy so reliant on fishing. The Mekong River Commission (MRC) predicts a 40 percent reduction in the river’s fish In response, China distributed “emergency water flows” stocks by 2020 as a result of the dams. from its dams to revitalize the river. To Southeast Asians, this wasn’t an act of generosity, but a concerning remind- China’s taming of the Mekong River flow has mitigated er that their water is subject to the will of a hegemonic regional floods (at the expense of causing droughts), but neighbor who uses its control over upstream dams — and in a twist of irony, this could drive Southeast Asia into access to water — as a bargaining tool. economic ruin. In a 2017 study, the MRC concluded that seasonal monsoon flooding provides $8-10 billion Mekong Basin nations have pursued multilateral cooper- in annual economic benefits while costing less than ation to secure water rights to no avail. China rejects the $70 million in damages. UN convention on shared resources and instead claims territorial sovereignty over rivers within its borders. “This rapid and recent dam- Acting unilaterally and irrespective of lower-riparian mania has left countries has reshaped the Southeast Asian region: sea- the environment sonal patterns are no longer predictable along the Me- struggling to keep kong and water levels are determined by how much water up.” China releases from its dams, according to DW. Unsatisfied with the 87,000 dams within its borders, Chi- na has been financing international hydropower projects that will power its own southern grids (while avoiding the environmental and social costs of hydropower). Laos is particularly eager to become the “battery of Asia,” but its development-fervor has led to haphazard results: a catastrophic dam failure killed 40 and dis- placed thousands in 2018. Tales of these disasters leave many concerned. While nobody expects China to weaponize water for military purposes as it did in 1938, the fact remains that Beijing WORLD 43

Even the effectiveness of these dams has been called into question, in part because hydroelectricity generates low levels of energy, even compared to renewable counter- parts. “It’s inefficient, but it’s easy,” said Daniel Kammen, Dis- tinguished Professor of Energy at the University of Cal- ifornia, Berkeley and former Science Envoy for the State Department. “Water is the hardest quantity to move.” Kammen further explained that the potential energy ca- pacity for falling water is relatively low. “But China’s story and ours aren’t that different,” he continued. The potential energy capacity for falling wa- ter is low, and the inefficiencies inherent to hydropower shouldn’t discredit its value as a whole. That being said, due to rushed construction, China’s hydropower facilities are particularly inefficient when compared to global averages. Even more energy is lost in the lengthy journey: electricity must be transferred from the Southern, Western, and Southeast Asian dams to the manufacturing centers in China. Due to poor plan- ning and faulty grid infrastructure, enough hydroelectric power is wasted along the way to power Britain and Ger- many for a year, according to Reuters. While China claims it is building dams to reduce its fossil fuel consumption, some experts are skeptical. “Building more hydropower doesn’t inherently mean a lower carbon mix,” Kammen explained. China’s extraordinary development must be accompa- nied by a growing energy capacity, and while Beijing has invested heavily into renewable energy sources, it is far from abandoning fossil fuel use. When it comes to energy sources, Kammen explains that, “China’s policy is all of the above.” Given hydropower’s inefficiencies and seasonal fluctua- tions, provinces such as Guizhou, Sichuan, Guangxi and more are constructing more coal-fired generators than hydropower generators to ensure a stable supply of pow- er during the dry season. Anecdotal evidence even sug- gests that each new hydropower dam is accompanied by an additional new coal-fired plant. Hydropower cannot replace thermal power due to its in- efficiencies and seasonal fluctuations. Ultimately, China’s internal damming may be resulting in cleaner energy generation, but according to Kammen: 44

“Internationally, China isn’t consider- 2010 pledge against low water lev- “Accepting China’s hydro-hegemony or ing the social cost of carbon.” els, Southeast Asia has still experi- resorting to dire measures may be the only op- enced routine and severe droughts. tions available...” MOVING FORWARD Additionally, memorandums signed Perhaps in an effort to save face, Bei- in 2015 pledged China to supply jing has pursued mild water-coopera- potentially-lifesaving flood data to tion efforts with its neighbors. India, but such data was withheld without explanation. In an inter- Following a disastrous flood in the view with Asia Sentinel, strategic Mekong Delta, China agreed to share affairs analyst Brahma Chellaney hydrological data with basin nations categorized this failure on China’s that could predict potential flooding part as a “political tool” that could and warn those in danger. In 2010, be used “subtly in peacetime to sig- when the Mekong water levels were nal dissatisfaction with a co-ripari- drastically low, China agreed to an state.” share data during the wet and dry seasons, subtly updating its previ- Beijing’s refusal to play fair with ous stance that its dams had no ef- neighbors is against its own self-in- fect on water levels. terest. Nobody benefits from a drought-ridden Southeast Asia. But Beijing’s commitment to its Regional development only fuels promises is tenuous. Since China’s China’s economy, and the Mekong River is a critical access point to the all-important South China Sea — sending a fleet of gunboats through six-inch water is a challenge even China cannot rise to. Save some considerable self-re- flection, the only thing that could potentially temper Beijing’s dam frenzy internally is a prolonged economic slowdown. While signs indicate the Chinese economy is decelerating, it’s too early to tell whether this will translate to a flat- tening demand for electricity. The clock is ticking for regional na- tions that want to put a stop to China’s hydro-hegemony themselves. When it comes to water wars, delay favors those upstream, and the longer they wait, the fewer choices they will have. Accepting China’s hydro-hegemony or resulting to dire measures may be the only options available in the com- ing years. Global warming, resource depletion, growing consumption, un- sustainable irrigation practices, rapid industrialization, and pollution will only exacerbate the current trends. Now is the time to act. 45 About Energy

Maxime Bernier and the People’s Party of Canada H e has repeatedly called climate change a “hoax” by Graham Vert perpetrated by “environmentalist alarmists.” His immigration policy includes building border fenc- tion in 2017. Bernier has been a vocal critic of Scheer, ac- es, restricting family reunification, and making tempo- cusing him of veering too far left in working with Prime rary foreign workers less competitive. And he spends Minister Justin Trudeau’s Liberal Party, and has prom- much of his time railing against “the Liberal cult of di- ised to take Canada in a different direction with his new versity” on his Twitter account, a platform he uses to political movement. Among his colleagues (as well as his comment on — and cause — daily controversy. fans on the far-right corners of the internet), he’s affec- tionately known as “Mad Max.” His name is Maxime Bernier, and he’s running for Prime Minister in Canada’s October federal election. But despite Bernier’s best efforts, his party is polling in the single digits, and the race for Prime Minister is Bernier, an MP from the province of Quebec, abandoned still very much a two-way contest between Scheer and the Conservative Party in 2018 and struck out on his Trudeau. While right-wing nationalism has recently tak- own to form the right-wing People’s Party of Canada. en hold in many western-style democracies — including, In announcing his decision, he criticized Conservative but not limited to America, Britain, France, India, Brazil, leadership, especially opposition leader Andrew Scheer the Netherlands, and Italy — populism in Canada has — the man who defeated him for the leadership posi- largely failed to get off the ground. Much of this has to do with the left-wing lean of the Canadian electorate, 46 WORLD but Canada’s resistance to populism is also deeply tied

Life Site News to the simultaneous success of pop- more to the left than in most other ulism in the United States. western-style democracies, and as a result, Bernier has been forced to “SMART POPULISM” moderate his message in a number Low polling hasn’t stopped the Peo- of unique ways. He calls this style of ple’s Party from taking the race se- politics “smart populism”— a fusion riously. The party has nominated of Trumpian rhetoric with Canadian candidates to run in all 338 federal liberal values. districts in the fall election, and af- ter meeting polling qualifications, A NATIONALIST PUSHBACK Bernier was officially invited to the It would be impossible for Bernier, October debates with the other ma- a Quebecois who speaks English jor party leaders. Some in the media with a thick French accent, to con- have complained that the People’s vincingly come out against diversi- Party, which is polling at an aver- ty and pluralism. His Twitter feed age of three percent, is being treated is filled with polemics against the with “kid’s gloves” by the nonparti- Liberal Party’s “obsession” with san election commission. multiculturalism — even while each tweet is accompanied by a dupli- How Bernier’s entry into the de- cate tweet with French translation. bates will affect the race remains In order to reconcile his ideological to be seen. There have been nu- leanings with the reality of a di- merous complaints from Conser- verse Canadian electorate, Bernier vatives that Bernier’s candidacy has chosen to stake out a middle may “divide the right.” ground, arguing for diversity and inclusion on the condition that new Bernier has responded by saying immigrants assimilate and embrace that he intends to primarily reach Canadian values. out to disaffected voters who don’t support any party — a strat- Even so, this is the first time Bernier egy used by the Trump campaign has truly had to contend with Can- and the Brexit movement alike to ada’s multicultural electorate — his tremendous success. district of Beauce in Quebec is the most homogeneous in the country, Yet while some commentators have with over 99% of voters identifying rushed to classify Bernier in the as white or Caucasian. same category as Donald Trump, Nigel Farage and the rest of the In online ads and billboards, the global populist movement, the truth People’s Party routinely contrasts is somewhat more complicated. The its diversity-through-assimila- realities of Canadian politics make tion position with that of Justin it nearly impossible for someone Trudeau’s. Despite recently becom- with far-right views to win a feder- ing embroiled in a racially-charged al election. The Conservative Party blackface scandal, Trudeau is known that Bernier abandoned is the coun- in Canada for championing racial try’s mainstream right-wing bloc, equality, increased immigration for but even the Conservatives would asylum seekers and multicultural- likely be considered center-left in ism. In 2015, Trudeau said that Can- the United States. ada could soon become “the first postnational state,” adding that, In Canada, the Overton window — “there is no core identity, no main- or the range of ideological positions stream in Canada.” that are considered “electable” in a given political context — skews While this earned some plaudits 47

from the left, Bernier and other right-wingers were quick Though Canada has an environmentalist streak, it is to seize on Trudeau’s language, calling the statement a also one of the top oil producing countries in the world, radical embrace of globalism and multiculturalism — a and the exploitation of its natural gas resources and tar push for diversity at the expense of what makes Canada sands have created thousands of jobs and put the coun- unique. But although Bernier often mirrors the rhet- try on the path to energy independence. oric of other populist movements worldwide, he still encourages immigration for those fleeing persecution Those jobs, however, come at a price. “The tar sands abroad. The People’s Party’s platform supports bringing are horrible for the environment,” says Newton. tens of thousands of migrants into Canada each year. “They’re incredibly inefficient; it’s like trying to suck Such moderation is necessary for a right-wing move- asphalt out of rock. Some studies say that for ev- ment in a left-leaning electorate. ery two barrels of oil generated by the Canadian tar sands, another barrel of oil is used up. Using petro- THE POLITICAL CLIMATE leum to make more petroleum is the worst possible One message that Bernier hasn’t moderated on, howev- thing from an environmental perspective.” er, is climate change. Even while 40 percent of Canadians view the prospect of global warming as a threat — and 70 The upshot of this reality — an environmentally friend- percent say they would support a “Green New Deal” for ly electorate that relies on an environmentally cata- Canada — Bernier is the only major party leader to deny strophic industry — is that many MPs acknowledge anthropogenic climate change. In a recent controversy, the existence of climate change while endorsing tar he referred to Swedish climate activist Greta Thunberg sand exploitation. Even Trudeau, a supposed environ- as “mentally unstable” — comments he later walked mentalist, advocated for the controversial Keystone XL back. If one were trying to find the reason behind the pipeline in 2016 while US interests were divided over it. failure of Bernier’s populist movement, this discon- Instead of accepting the danger of climate change and nect between his policy and the electorate would ap- nevertheless refusing to mitigate the results, Bernier pear to be a prime candidate. has chosen to simply deny it outright. In doing so, he may be banking on the possibility that Canadians will But according to Steven Newton, a Berkeley graduate put their economic well-being before environmental is- and geology professor at the College of Marin, Bernier’s sues — a gamble that is not without precedent. climate position may be better-calculated than it seems. UNPOPULAR POPULISM “The realities of the Canadian economy prevent many But while Bernier is attempting to replicate the slide to actions from being taken on climate change,” says the populist right that affected the United States and Newton. “Canada’s population is small. A thousand oil Britain in 2016, he’s coming up short. Most estimates jobs for Canada means a lot more than a thousand oil agree that his party has little chance at winning more jobs for the US.” than three seats in the coming election, and even with SMART” 48

a moderated populist message, the People’s Party rou- allel. The Canadian response has reinforced a long-held tinely places last in the polls. Why, if this style of pol- maxim of international politics: When a nation is at- itics is sweeping the western world, should Canada be tacked — diplomatically or militarily — by a foreign lead- exempt from this trend? er, it tends to induce a spirit of unity among its political factions. In this rally-around-the-flag situation, Cana- There are a few obvious answers. Firstly, Bernier’s party da’s Liberal and Conservative leadership joined forces lacks the infrastructure and electoral in raising tariffs to counteract those levied by Trump (which, incidentally, presence to mount a substantial chal- “Both in rhetoric and lenge in this race. Secondly, despite in policy, Bernier has is the exact move that caused Ber- his moderate message, he remains a thus tied himself ir- nier to exit the Conservative Party). bad fit for the Canadian electorate. But This repudiation has not been limit- despite these structural problems, the revocably to Donald ed to economic policy — Prime Min- failure of populism in Canada may not Trump, and his move- ister Trudeau has often denounced solely be tied to various hot-button so- ment is suffering be- Trump’s style of politics as divisive cial issues. Bernier’s failure to catch on and racially charged. has much to do with his counterpart cause of it.” A free-trade ideologue, Bernier has south of the border. advocated for the end of agricultural One of President Trump’s key positions in the 2016 lobbying in Ottawa as well as the removal of Canada’s election was the renegotiation of NAFTA, the free trade supply management laws. This has left the rural agri- agreement between the US, Canada, and Mexico signed cultural base of the Conservative Party mostly out of by Bill Clinton in the 1990s. This agreement, which his reach, as farmers rely on these regulations to main- many blame for the acceleration of job losses in the tain their livelihoods. And by siding with the unpopular Midwest, broke down trade barriers between all three Trump in calling for a removal of Canadian trade barri- nations in various sectors of the economy. But while ers, the People’s Party looks very friendly to American this grand plan for free trade was being implemented, interests at a time when American interests have never the Canadian government insisted that its agricultural been less popular. tariffs remain on the books. To this day, the Canadian dairy and poultry markets are governed by supply man- Both in rhetoric and in policy, Bernier has thus tied him- agement laws, which control prices and help to ensure self irrevocably to Donald Trump, and his movement is that Canadian farms remain profitable. suffering because of it. Right-wing populism, however moderate, is unlikely to take root in Canada when a Trump has repeatedly attacked Canada’s agricultural foreign right-wing populist routinely attacks the coun- tariffs in his multi-front trade war, a strategy which has try’s leaders and economic policy. It’s not outside of the made him historically unpopular north of the 49th par- realm of possibility that Bernier’s party could one day succeed in shifting Canadian politics to the right, but if this style of politics is to rise in Canada, it may first have to fall in the United States. 49

“CARPOOLING CAN SAVE THE PLANET,” and other Lies Exxon an Want You to Getty Images By Charlynn Teter D uring the Cold War, students learned to duck 100 responsible for 71 percent of global emissions. If and cover under their desks in the event of a we genuinely want to halt climate change, carpooling nuclear bomb. The flimsy wood wouldn’t have won’t be enough. We must regulate our most promi- made an appreciable difference in whether or not they nent polluters. survived, of course, but it must have felt better to have some tiny piece of control over an otherwise terrifying Since 1965, 20 firms have been responsible for over and incomprehensible threat. Now, we face a different one-third of all global emissions, releasing 480 billion annihilation: global warming. Well-meaning people tons of CO2 equivalent in the past 54 years. The top have plenty of personal action items for halting global four investor-owned companies – Chevron, Exxon, BP, warming, too: recycle, carpool, eat less meat, unplug and Shell – have released 10 percent of the world’s car- electronics and buy reusable water bottles. bon emissions since 1965. In comparison, the average US individual emits 19.75 tons of carbon dioxide an- The promise that recycling and carpooling can halt glo- nually. This number isn’t good, especially compared to bal warming is alluring and encouraging. But it’s just countries with less than a ton of carbon dioxide emis- as much of a lie as the claim that wood will withstand a sions per capita per year, but it’s only 0.000000002 nuclear blast, and it’s a lie that might actually seal our percent of the emissions from the top 20 firms. fate. While taking measures to reduce one’s individual carbon footprint is commendable, the increasing fixa- However, these numbers don’t quite tell the full story. tion on personal responsibility deflects attention from Richard Heede, co-founder and co-director of the Cli- the main sources of pollution: the twenty companies mate Change Accountability Institute, noted that whi- responsible for a third of global emissions, or the top le these 20 companies are “in the driver’s seat about 50 OPINION