| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Michal Buchhandler-Raphael |
OVERMEDICALIZATION OF DOMESTIC VIOLENCE IN THE NONCARCERAL STATE |
94 Temple Law Review 589 (Summer, 2022) |
Scholars have recently cast doubt on the justifications for the criminalization of domestic violence, arguing that the criminal legal system proves inadequate in preventing future battering. Domestic violence, the argument continues, is largely a public health problem, which requires implementing noncarceral measures to effectively address it.... |
2022 |
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| Jennifer Kinsley Smith, Esq, Elizabeth J. Lattner, MA, Allison Kreiner, MD, Edward J. Kilbane, MD, MA, Keyvan Ravakhah MD, MBA |
PANDEMIC RESPONSE THROUGH WHOLE PERSON CARE: THE INTERSECTION OF PHYSICAL AND MENTAL HEALTH AND THE LAW |
31 Annals of Health Law and Life Sciences 115 (Summer, 2022) |
It is common in medical literature, as well as in media, to refer to a person's mental and physical health as two separate entities. However, that paradigm has been challenged in recent years as the impact of stress, commonly thought to be related primarily to mental health, has come to be recognized in downstream effects on a person's physical... |
2022 |
Yes |
| Courtney Lauren Anderson |
POST-PANDEMIC, BUT NOT POST-RACIAL |
15 Saint Louis University Journal of Health Law & Policy 221 (2022) |
The Fair Housing Rights Act and the Voting Rights Act have had measurable success in providing opportunities to address intentional discrimination in housing and voting contexts. Plaintiffs with evidence of direct illegalities have clear frameworks under which justice may be sought, and both Acts provide a path for relief upon violations of housing... |
2022 |
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| Darryl E. Crompton |
PRESIDENT BIDEN'S EXECUTIVE ORDER 13995 ON COVID-19 AND HEALTH EQUITY: SEEKING JUSTICE IN A PUBLIC HEALTH CRISIS |
16 Journal of Health & Life Sciences Law 8 (2022) |
In January 2021, President Biden signed Executive Order 13995, Ensuring an Equitable Pandemic Response and Recovery, to better serve communities of color. As part of the President's National Strategy for the COVID-19 Response and Pandemic Preparedness, the Executive Order created a Presidential COVID-19 Health Equity Task Force to address the... |
2022 |
Yes |
| Pauline T. Kim |
RACE-AWARE ALGORITHMS: FAIRNESS, NONDISCRIMINATION AND AFFIRMATIVE ACTION |
110 California Law Review 1539 (October, 2022) |
The growing use of predictive algorithms is increasing concerns that they may discriminate, but mitigating or removing bias requires designers to be aware of protected characteristics and take them into account. If they do so, however, will those efforts be considered a form of discrimination? Put concretely, if model-builders take race into... |
2022 |
Yes |
| Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall |
RACIAL CAPITALISM IN THE CIVIL COURTS |
122 Columbia Law Review 1243 (June, 2022) |
This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... |
2022 |
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| Allyson Crane |
RACIAL DISPARITIES IN MENTAL HEALTH TREATMENT: HOW INDIANA MISSES THE MARK IN PROVIDING ACCESSIBLE AND QUALITY TREATMENT AMIDST THE CORONAVIRUS PANDEMIC |
19 Indiana Health Law Review 427 (2022) |
Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality... |
2022 |
Yes |
| Shauhin A. Talesh* |
RACIAL INEQUALITY, COVID-19, AND HEALTH AND UNEMPLOYMENT INSURANCE: LESSONS LEARNED AND PATHWAYS FORWARD |
71 DePaul Law Review 635 (Spring, 2022) |
COVID-19 impacted the entire world, and the United States is no exception. In addition to pervasive death and illness, COVID-19 wreaked havoc on the U.S. economy. Many people in the United States lost their jobs, others worked remotely, and many essential workers continued working in their workplace settings at great risk to themselves. The public... |
2022 |
Yes |
| Dr. Laura C. Hoffman |
RECONNECTING THE PATIENT: WHY TELEHEALTH POLICY SOLUTIONS MUST CONSIDER THE DEEPENING DIGITAL DIVIDE |
19 Indiana Health Law Review 351 (2022) |
One of the critical lessons already gleaned from Covid-19 is the immense role technology can play in all aspects of our lives for everything from food shopping to healthcare access. But when technology becomes a larger part of our everyday lives, it begets a question: does everyone have access to the necessary technology? Devices such as iPads,... |
2022 |
|
| Elizabeth Levy |
RECORD OF INJUSTICE: MEDICAL RECORDS, MARGINALIZATION, AND THE CONSULTANT GAP |
37 Berkeley Journal of Gender, Law & Justice 169 (2022) |
The ineffective use of medical records is a barrier to justice for marginalized and vulnerable clients. Medical records contain essential evidence for proving health-related legal claims. Because medical records are challenging to understand and because they convey sensitive information, lawyers in remunerative disciplines typically ensure that... |
2022 |
|
| Govind Persad |
REFORMING AGE CUTOFFS |
56 University of Richmond Law Review 1007 (Symposium 2022) |
During his campaign for office, America's oldest president ever proposed a policy that would help adults almost twenty years younger than him: lowering the eligibility age for Medicare, the country's largest health insurance program, from 65 years old to 60 years old. This proposal went overlooked amidst higher-profile national challenges, in... |
2022 |
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| René Reyes |
RELIGIOUS LIBERTY, RACIAL JUSTICE, AND DISCRIMINATORY IMPACTS: WHY THE EQUAL PROTECTION CLAUSE SHOULD BE APPLIED AT LEAST AS STRICTLY AS THE FREE EXERCISE CLAUSE |
55 Indiana Law Review 275 (2022) |
This Article offers a critical comparative analysis of the Supreme Court's jurisprudence under the Free Exercise Clause and the Equal Protection Clause. In a number of recent cases, the Court has shown increasing solicitude for the rights of religious objectors and has upheld claims for exemptions from various laws--even in the absence of an intent... |
2022 |
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| Kendall Lawrenz |
REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS |
90 George Washington Law Review 1018 (August, 2022) |
From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... |
2022 |
Yes |
| Adam Coretz |
REPARATIONS FOR A PUBLIC NUISANCE? THE EFFORT TO COMPENSATE SURVIVORS, VICTIMS, AND DESCENDANTS OF THE TULSA RACE MASSACRE ONE HUNDRED YEARS LATER |
43 Cardozo Law Review 1641 (April, 2022) |
C1-2Table of Contents Introduction. 1642 I. Background. 1645 A. History of the Greenwood District and the 1921 Tulsa Race Massacre. 1645 B. History and Evolution of Public Nuisance as a Tort. 1649 C. Defining Public Nuisance at Common Law Today. 1651 D. Public Nuisance in Oklahoma. 1652 E. Tulsa Race Massacre Lawsuit. 1654 F. Race Reparations for... |
2022 |
|
| Martha M. Ertman |
REPARATIONS FOR RACIAL WEALTH DISPARITIES AS REMEDY FOR SOCIAL CONTRACT BREACH |
85 Law and Contemporary Problems 231 (2022) |
Acute crises such as the COVID-19 pandemic and the 2008 financial meltdown exposed and exacerbated chronic racial wealth disparities. Those disparities accumulated over time as government and private actions--often involving contracts--systemically benefitted White Americans and institutions at the expense of African-Americans. This Article focuses... |
2022 |
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| |
RIGHT OF ACCESS TO COURTS |
51 Georgetown Law Journal Annual Review of Criminal Procedure 1189 (2022) |
The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help inmates prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required... |
2022 |
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| Ayesha Bell Hardaway |
RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT |
55 Connecticut Law Review 179 (December, 2022) |
Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... |
2022 |
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| Silvia M. Radulescu |
SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN |
29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) |
Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... |
2022 |
Yes |
| Allyson E. Gold , Alicia Gilbert , Benjamin J. McMichael |
SOCIALLY DISTANT HEALTH CARE |
96 Tulane Law Review 423 (February, 2022) |
The COVID-19 pandemic has elucidated many problems within the American health care system, chief among them the continuing access-to-care issue. Though the Affordable Care Act increased access to health insurance, the current pandemic has demonstrated that health insurance alone is not enough. Communities need access to health care providers.... |
2022 |
Yes |
| Devon W. Carbado |
STRICT SCRUTINY & THE BLACK BODY |
69 UCLA Law Review 2 (March, 2022) |
When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... |
2022 |
|
| Abigail E. Lowe, Kelly K. Dineen, Seema Mohapatra |
STRUCTURAL DISCRIMINATION IN PANDEMIC POLICY: ESSENTIAL PROTECTIONS FOR ESSENTIAL WORKERS |
50 Journal of Law, Medicine & Ethics 67 (Spring, 2022) |
Keywords: Essential Workers, Emergency Preparedness, Health and Safety, Infection Prevention and Control, Anti-Racism Abstract: An inordinate number of low wage workers in essential industries are Black, Hispanic, or Latino, immigrants or refugees--groups beset by centuries of discrimination and burdened with disproportionate but preventable harms... |
2022 |
Yes |
| James G. Hodge, Jr. , Erica N. White , Rebecca Freed , Nora Wells |
SUPREME COURT IMPACTS IN PUBLIC HEALTH LAW: 2021-2022 |
50 Journal of Law, Medicine & Ethics 608 (Fall, 2022) |
Keywords: Supreme Court, Constitution, Public Health, Reproductive Rights, Agency Deference, Vaccinations, Anti-Discrimination Abstract: In a dynamic term of the United States Supreme Court in 2021-2022 a series of critical cases raise manifold changes and impacts on individual and communal health through 10 key areas ranging from abortions to... |
2022 |
Yes |
| Gabrielle Ploplis |
SYSTEMATIC RACISM, ABORTION AND BIAS IN MEDICINE: ALL THREADS WOVEN IN THE CLOTH OF RACIAL DISPARITY FOR MOTHERS AND INFANTS |
35 Journal of Law and Health 370 (2022) |
C1-3TABLE OF CONTENTS I. INTRODUCTION 372 II. Legal History: Discrimination in Medical Care for Racial and Ethnic Minorities 375 III. Disparities in Health Outcomes for Black and Indigenous Women: Maternal and Infant Mortality 385 IV. Potential Causes of Racial Disparities in Maternal and Infant Mortality Rates: Why do minority communities suffers... |
2022 |
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| Jordana R. Goodman |
SY-STEM-IC BIAS: AN EXPLORATION OF GENDER AND RACE REPRESENTATION ON UNIVERSITY PATENTS |
87 Brooklyn Law Review 853 (Spring, 2022) |
Women and people of color have been systemically excluded from participation in science, technology, engineering, and math (STEM) fields in the United States for centuries. This inability to participate, coupled with disparate abilities to own and control property, created STEM access gaps still evident in the United States today. In the... |
2022 |
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| Maytal Gilboa |
THE COLOR OF PAIN: RACIAL BIAS IN PAIN AND SUFFERING DAMAGES |
56 Georgia Law Review 651 (Spring, 2022) |
For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff's race when calculating compensatory tort damages, and... |
2022 |
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| Paula Natalia Barreto Parra , Vladimir Atanasov , Jeff Whittle , John Meurer , Qian (Eric) Luo , Ruohao Zhang , Bernard Black |
THE EFFECT OF THE COVID-19 PANDEMIC ON THE ELDERLY: POPULATION FATALITY RATES, COVID MORTALITY PERCENTAGE, AND LIFE EXPECTANCY LOSS |
30 Elder Law Journal 33 (2022) |
Funding and Competing Interest Statement: This project was funded by the National Institutes of Health, award 3 UL1 TR001436-06S1, and was approved by the Medical College of Wisconsin Human Research Review Board. The authors have no competing interests. Keywords: COVID-19; life expectancy; COVID mortality rates. The COVID-19 pandemic has... |
2022 |
Yes |
| Natalie Ram , Lance Gable , Jeffrey L. Ram |
THE FUTURE OF WASTEWATER MONITORING FOR THE PUBLIC HEALTH |
56 University of Richmond Law Review 911 (Symposium 2022) |
The COVID-19 pandemic has invited dramatic investment in and expansion of wastewater surveillance. This surveillance may enable early detection of an increasing presence of COVID-19 in the community. But the same technology may simultaneously or soon be turned to other uses, including for drug interdiction, community wellness, or environmental... |
2022 |
Yes |
| Wendy Netter Epstein , DePaul University College of Law, 25 E. Jackson Blvd., Chicago, IL 60604, USA |
THE HEALTH EQUITY MANDATE |
9 Journal of Law & the Biosciences 1 (January-June, 2022) |
People of color and the poor die younger than the White and prosperous. And when they are alive, they are sicker. Health inequity is morally tragic. But it is also economically inefficient, raising the nation's healthcare bill and lowering productivity. The COVID pandemic only, albeit dramatically, highlights these pre-existing inequities. COVID... |
2022 |
Yes |
| Aly McKnight |
THE HUMAN RIGHTS APPROACH TO ADDRESS BLACK MATERNAL MORTALITY: WHY POLICYMAKERS SHOULD LISTEN TO BLACK MOMS |
14 Northeastern University Law Review 679 (June, 2022) |
This article engages critically with issues of racism, sexism, and misogynoir. It also discusses maternal and infant death. This content has the potential to affect our readers. The Northeastern University Law Review feels this topic is important to address and amplify, but we urge readers to consider their own experiences and capacity before... |
2022 |
Yes |
| Joshua D. Blank , Leigh Osofsky |
THE INEQUITY OF INFORMAL GUIDANCE |
75 Vanderbilt Law Review 1093 (May, 2022) |
The coexistence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as taxpayer publications, website frequently asked questions, virtual assistants, and... |
2022 |
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