| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Loreen Peritz |
THE MIGHTY ROE HAS FALLEN (PROBABLY): A CALL TO ACTION AS AN ANTIDOTE TO DESPAIR |
30 Journal of Law & Policy 439 (2022) |
Controlling Women: What We Must Do Now To Save Reproductive Freedom. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00 On December 1, 2021, the Supreme Court heard oral arguments in Dobbs v. Jackson Women's Health Organization, a case that will decide the constitutionality of pre-viability prohibitions on elective... |
2022 |
|
| Sarah Somers , Jane Perkins |
THE ONGOING RACIAL PARADOX OF THE MEDICAID PROGRAM |
16 Journal of Health & Life Sciences Law 96 (2022) |
ABSTRACT: Medicaid, the largest public health insurance program for low-income people, has since 1965 extended health coverage to millions of people, including people of color. At the same time, is has perpetuated disparities based on race. Central in the paradox of Medicaid is that racism is baked into the program, yet it has transformed... |
2022 |
|
| Rachel Rebouché |
THE PUBLIC HEALTH TURN IN REPRODUCTIVE RIGHTS |
68 Practical Lawyer 3 (Oct-22) |
Over the last decade, public health research has demonstrated the short-term, long-term, and cumulative costs of delayed or denied abortion care. These costs are largely imposed on people who share common characteristics: abortion patients are predominantly low-income and disproportionately people of color. Public health evidence, by establishing... |
2022 |
Yes |
| Aurora J. Grutman |
THE RACIAL WEALTH GAP IS A RACIAL HEALTH GAP |
110 Kentucky Law Journal 723 (2021-2022) |
Table of Contents. 723 Introduction. 724 I. Race-Based Income and Wealth Inequalities. 725 II. Race-Based Health Inequalities. 729 III. The Interrelationship of Health and Wealth. 735 Conclusion. 737 |
2022 |
Yes |
| Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson, Shiriki Kumanyika |
THE RACIALIZED MARKETING OF UNHEALTHY FOODS AND BEVERAGES: PERSPECTIVES AND POTENTIAL REMEDIES |
50 Journal of Law, Medicine & Ethics 52 (Spring, 2022) |
Keywords: Race and Ethnicity, Food and Beverage Marketing, Targeted Marketing, Health Equity, Structural Racism Abstract: We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard... |
2022 |
|
| Madelyn Lehualani McKeague |
TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT |
24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) |
I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... |
2022 |
Yes |
| Medha D. Makhlouf |
TOWARDS RACIAL JUSTICE: THE ROLE OF MEDICAL-LEGAL PARTNERSHIPS |
50 Journal of Law, Medicine & Ethics 117 (Spring, 2022) |
Keywords: Medical-Legal Partnership, Health Equity, Structural Determinants of Health, Racism, Poverty Abstract: Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because... |
2022 |
|
| Teri Dobbins Baxter |
TRAUMATIC JUSTICE |
56 University of Richmond Law Review 331 (Winter, 2022) |
In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were... |
2022 |
|
| Oliver J. Kim |
TSUNAMI: RECOMMITTING TO ADDRESS AAPI MENTAL HEALTH IN A POST-COVID ERA |
46 Nova Law Review 370 (Winter, 2022) |
I. Introduction. 370 II. Overview of AAPIs in the United States. 373 III. AAPIs and Mental Health. 376 A. Stoicism as a Familiar Cultural Theme. 376 B. Identity as a Model Minority. 377 C. Prevalence of Mental Health Needs in the AAPI Community. 380 IV. The Impact of COVID-19 on The Asian American Community. 382 A. The Pandemic's Economic Impact on... |
2022 |
Yes |
| Yael Cannon |
UNMET LEGAL NEEDS AS HEALTH INJUSTICE |
56 University of Richmond Law Review 801 (Symposium 2022) |
In 2021, Attorney General Merrick Garland issued a call to action to the legal community. The Supreme Court had recently invalidated the nationwide eviction moratorium that was issued by the U.S. Centers for Disease Control and Prevention (CDC) in connection with the COVID-19 pandemic, and concerns were mounting about an impending tsunami of... |
2022 |
Yes |
| Christopher Robertson , Boston University, Boston, USA |
WHAT THE HARM PRINCIPLE SAYS ABOUT VACCINATION AND HEALTHCARE RATIONING |
9 Journal of Law & the Biosciences 1 (January-June, 2022) |
Clinical ethicists hold near consensus on the view that healthcare should be provided regardless of patients' past behaviors. In classic cases, the consensus can be explained by two key rationales--a lack of acute scarcity and the intractability of the facts around those behaviors, which make discrimination on past behavior gratuitous and... |
2022 |
Yes |
| Alison J. Lynch, Esq. , Michael L. Perlin, Esq. |
"I SEE WHAT IS RIGHT AND APPROVE, BUT I DO WHAT IS WRONG": PSYCHOPATHY AND PUNISHMENT IN THE CONTEXT OF RACIAL BIAS IN THE AGE OF NEUROIMAGING |
25 Lewis & Clark Law Review 453 (2021) |
In this Article, we first consider the relevant differences between antisocial personality disorder (ASPD) and psychopathy. Then, we look at the meager cohort of federal sentencing cases in which the issue of psychopathy is even raised, and consider decision-making in this context from the perspective of implicit racial bias. Next, we present some... |
2021 |
|
| Haley Moss |
"I'M TIRED OF WAITING": DIAGNOSING ACCESSIBILITY ISSUES AND INEQUALITY FOR PATIENTS WITH DISABILITIES WITHIN THE AMERICAN HEALTHCARE SYSTEM |
51 University of Memphis Law Review 1011 (Summer, 2021) |
I. Introduction. 1012 II. The Disability Rights Movement's Effect on Access to Care. 1016 A. Primer on Disability Rights Litigation and Legislation. 1017 B. The Rise of Nursing Homes and Long-Term Care Facilities. 1026 III. The State of Communication in Disabled Healthcare. 1027 A. Effective Communication Between Physicians and Disabled... |
2021 |
Yes |
| Christopher Burton |
3/5THS TO 1/10TH, HOW TO MAKE BLACK AMERICA WHOLE: EXPLORING CONGRESSIONAL ACT H.R.40--COMMISSION TO STUDY AND DEVELOP REPARATION PROPOSALS FOR AFRICAN-AMERICANS ACT |
54 UIC John Marshall Law Review 530 (Summer, 2021) |
I. Introduction. 530 II. Background. 535 A. What Is H.R. 40?. 535 B. Historic Economic Disparities Among Black and White Americans. 537 1. The New Deal and Jim Crow. 538 2. The Racist Execution of the G.I. Bill. 541 C. History of Past Proposed Reparation Acts in the United States.. 544 1. Reparations to Japanese Americans Interned During World War... |
2021 |
|
| Sarah Clemens |
A BAND-AID FIX: SECTION 1557 OF THE AFFORDABLE CARE ACT AND THE NEED FOR FEDERAL LAWS TO PROTECT TRANSGENDER PEOPLE IN HEALTHCARE |
54 Suffolk University Law Review 31 (2021) |
Your trans status is on display and on parade ., Corado said, reflecting on insensitive medical professionals who have asked her such questions as, What are you? Transgender and gender-nonconforming people are among the most marginalized and disfavored sexual minorities in contemporary American society. The stigmatization of transgender... |
2021 |
Yes |
| Maya K. Watson |
A CIVIL RIGHTS ACT FOR PUBLIC HEALTH |
98 University of Detroit Mercy Law Review 299 (Spring, 2021) |
We have heard of the disproportionate effect that COVID-19 has had on Black and Brown populations in the U.S. The government-created social and structural conditions that led to these disparities are discussed less often. For more than a century before COVID-19 entered the global lexicon, Black and Brown communities in the United States have fared... |
2021 |
|
| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
|
| Senator José Menéndez, Pearl D. Cruz |
A GUIDE TO THE 87TH TEXAS LEGISLATIVE SESSION |
23 Scholar: St. Mary's Law Review on Race and Social Justice 411 (2021) |
[W]e will rebuild, reconcile and recover[,] and every known nook of our nation and[,] every corner called our country, our people diverse and beautiful will emerge, battered and beautiful[.] When day comes we step out of the shade, aflame and unafraid[.] The new dawn blooms as we free it. For there is always light, if only we're brave enough to see... |
2021 |
|
| Taleed El-Sabawi , Jennifer J. Carrolla |
A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE |
94 Temple Law Review 1 (Fall, 2021) |
Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... |
2021 |
Yes |
| Laura M. Moy |
A TAXONOMY OF POLICE TECHNOLOGY'S RACIAL INEQUITY PROBLEMS |
2021 University of Illinois Law Review 139 (2021) |
Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative... |
2021 |
|
| William Magnuson |
A UNIFIED THEORY OF DATA |
58 Harvard Journal on Legislation 23 (Winter, 2021) |
How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our regulatory structures. But... |
2021 |
|
| Brittany L. Raposa |
ADDING A LAYER OF INJUSTICE: AMPLIFIED RACIAL DISPARITIES IN REPRODUCTIVE HEALTH CARE IN THE WAKE OF COVID-19 |
98 University of Detroit Mercy Law Review 351 (Spring, 2021) |
Imagine a woman with pre-existing health conditions getting pregnant in the middle of 2020. The woman lives in a large rural area, and her obstetrician is approximately 40 miles away. Due to the pandemic, the woman is laid off from work, and she and her partner are on a tight financial budget, as they already always struggled financially. She feels... |
2021 |
Yes |
| Matt Allinder |
ADDRESSING RACIAL DISPARITIES IN THE DISTRIBUTION OF THE COVID-19 VACCINE |
30 Annals of Health Law Advance Directive 101 (Spring, 2021) |
It is well documented that systemic health and social inequalities have put many individuals belonging to racial and ethnic minority groups at increased risk of being exposed to and dying from COVID-19. Social determinants of health are conditions in the environments in which people are born, live, learn, work, play, worship, and age that affect a... |
2021 |
|
| Jim Hawkins , Tiffany C. Penner |
ADVERTISING INJUSTICES: MARKETING RACE AND CREDIT IN AMERICA |
70 Emory Law Journal 1619 (2021) |
Access to affordable credit played a central role in the Civil Rights Movement. But today, racial and ethnic minorities oversubscribe to high-cost lending products like payday loans and underuse more affordable credit options that traditional banks offer. These trends remain even when controlling for demographic variables like income, credit score,... |
2021 |
|
| Robert F. Weber |
AGAINST DISCOURSE: WHY ELIMINATING RACIAL DISPARITIES REQUIRES RADICAL POLITICS, NOT MORE DISCUSSION |
37 Georgia State University Law Review 1177 (Summer, 2021) |
Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today--in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its... |
2021 |
|
| Rebecca Kelly Slaughter , Janice Kopec, Mohamad Batal |
ALGORITHMS AND ECONOMIC JUSTICE: A TAXONOMY OF HARMS AND A PATH FORWARD FOR THE FEDERAL TRADE COMMISSION |
23 Yale Journal of Law and Technology 1 (August, 2021) |
L1-2Contents Algorithms and Economic Justice. 1 I. Introduction. 2 II. Algorithmic Harms. 6 III. Using the FTC's Current Authorities to Better Protect Consumers. 37 IV. New Legislative and Regulatory Solutions. 47 V. Conclusion. 57 Acknowledgements. 59 |
2021 |
|
| Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
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| Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C |
AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS |
69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) |
Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... |
2021 |
Yes |
| Hannah Goodman |
ANTI-CARCERAL FUTURES: A COMPARATIVE PERSPECTIVE OF RESTORATIVE AND TRANSFORMATIVE JUSTICE PRACTICES IN THE UNITED STATES AND NEW ZEALAND |
44 Fordham International Law Journal 1215 (May, 2021) |
The United States and New Zealand, two democratic and progressive nations, rely heavily on incarceration structures plagued with institutional racism as their primary form of justice. Several international standards, most notably the United Nations Standard Minimum Rules for Non-Custodial Measures, advocate for more context-inclusive justice... |
2021 |
|
| Robyn M. Powell, PhD, JD |
APPLYING THE HEALTH JUSTICE FRAMEWORK TO ADDRESS HEALTH AND HEALTH CARE INEQUITIES EXPERIENCED BY PEOPLE WITH DISABILITIES DURING AND AFTER COVID-19 |
96 Washington Law Review 93 (March, 2021) |
The COVID-19 pandemic has been especially devastating for people with disabilities, as well as other socially marginalized communities. Indeed, an emerging body of scholarship has revealed that people with disabilities are experiencing striking disparities. In particular, scholars have shined a light on state and hospital triage policies... |
2021 |
Yes |