| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Liane Colonna |
ARTIFICIAL INTELLIGENCE IN THE INTERNET OF HEALTH THINGS: IS THE SOLUTION TO AI PRIVACY MORE AI? |
27 Boston University Journal of Science and Technology Law 312 (Summer, 2021) |
The emerging power of Artificial Intelligence (AI), driven by the exponential growth in computer processing and the digitization of things, has the capacity to bring unfathomable benefits to society. In particular, AI promises to reinvent modern healthcare through devices that can predict, comprehend, learn, and act in astonishing and novel ways.... |
2021 |
Yes |
| Lindsay deJesus Cress |
AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS |
60 University of Louisville Law Review 203 (Fall, 2021) |
I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... |
2021 |
Yes |
| Efthimios Parasidis , Micah L. Berman , Patricia J. Zettler |
ASSESSING COVID-19 EMERGENCY USE AUTHORIZATIONS |
76 Food & Drug Law Journal 441 (2021) |
Emergency Use Authorizations (EUAs) have been integral to the federal government's response to the COVID-19 pandemic. During a public health emergency, the Federal Food, Drug, and Cosmetic Act permits the U.S. Food and Drug Administration (FDA) the authority to issue EUAs to allow the distribution of unapproved medical products, or of... |
2021 |
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| Reid Pillifant |
BELOW BOARD: HOW TEXAS'S LEGISLATIVE REDISTRICTING BOARD VIOLATES SECTION 2 OF THE VOTING RIGHTS ACT |
99 Texas Law Review 1219 (May, 2021) |
As Texas lawmakers take up their decennial duty to redraw new legislative districts in 2021, the state's Legislative Redistricting Board looms largely over the process. If the Texas Legislature fails to approve new district lines, then the five-member Board becomes empowered to do it for them. This Note argues that the structure of the Legislative... |
2021 |
|
| Elizabeth Kukura |
BETTER BIRTH |
93 Temple Law Review 243 (Winter, 2021) |
Although the recent focus on maternal mortality has highlighted the problem of poor health outcomes for childbearing women and their babies, especially in communities of color, adverse outcomes are only one of many indications that mainstream maternity care often fails pregnant people and their families. Other signs that maternity care reform is... |
2021 |
|
| Shain A. M. Neumeier , Lydia X. Z. Brown |
BEYOND DIVERSITY AND INCLUSION: UNDERSTANDING AND ADDRESSING ABLEISM, HETEROSEXISM, AND TRANSMISIA IN THE LEGAL PROFESSION: COMMENT ON BLANCK, HYSENI, AND ALTUNKOL WISE'S NATIONAL STUDY OF THE LEGAL PROFESSION |
47 American Journal of Law & Medicine 76 (2021) |
Far too many--if not most--of us in the legal profession who belong to both the disability and LGBTQ+ communities have known informally, through our own experiences and those of others like us, that workplace bias and discrimination on the basis of disability, sexuality, and gender identity is still widespread. The new study by Blanck et al. on... |
2021 |
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| Christopher Wiltowski |
BILLIONS UNREALIZED: MODIFYING TAX EXPENDITURES ON EMPLOYER-SPONSORED INSURANCE PLANS |
30 Annals of Health Law Advance Directive 305 (Spring, 2021) |
Amidst the constant political bickering concerning America's national debt, many fail to consider that tax expenditures on employer-sponsored insurance plans lose the American government upwards of a trillion dollars every year in unrealized federal tax revenue. Employer-sponsored insurance (ESI) plans are group health care plans provided by... |
2021 |
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| Cristal Nova |
BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE |
30 Annals of Health Law Advance Directive 231 (Spring, 2021) |
The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... |
2021 |
Yes |
| Etienne C. Toussaint |
BLACK URBAN ECOLOGIES AND STRUCTURAL EXTERMINATION |
45 Harvard Environmental Law Review 447 (2021) |
Residents of low-income, metropolitan communities across the United States frequently live in food apartheid neighborhoods--areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America's political economy... |
2021 |
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| Doriane S. Nguenang Tchenga |
BLACK WOMEN'S HAIR AND NATURAL HAIRSTYLES IN THE WORKPLACE: EXPANDING THE DEFINITION OF RACE UNDER TITLE VII |
107 Virginia Law Review Online 272 (November, 2021) |
Despite the Equal Employment Opportunity Commission's (EEOC) interpretation of Title VII as including cultural characteristics often associated with race or ethnicity, Black women have not successfully litigated the freedom to wear their hair in natural hairstyles in the workplace. Courts have held that racial discrimination in the workplace must... |
2021 |
|
| Mantas Grigorovicius |
BOSTOCK AND CONTACT THEORY: HOW WILL A SINGLE U.S. SUPREME COURT DECISION REDUCE PREJUDICE AGAINST LGBTQ PEOPLE? |
97 Indiana Law Journal Supplement 14 (2021) |
In 1954, Gordon Allport, one of the nation's leading social psychologists, laid out a hypothesis explaining how prejudice could be reduced by intergroup contact. Decades later, his hypothesis became a theory with thousands of research hours behind it. Under contact theory, one of the factors that facilitates a reduction in prejudice between two... |
2021 |
|
| Renée M. Landers |
BUFFERING AGAINST VICISSITUDES: THE ROLE OF SOCIAL INSURANCE IN THE COVID-19 PANDEMIC AND IN MAINTAINING ECONOMIC STABILITY |
49 Georgia Journal of International and Comparative Law 505 (Summer, 2021) |
Thank you for the opportunity to participate in this conference on the important topic of The Future of Global Health Governance. I commend the Dean Rusk International Law Center at the University of Georgia School of Law, and the editors and staff of the Georgia Journal of International & Comparative Law, for convening this symposium to examine... |
2021 |
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| Kenya Glover |
CAN YOU HEAR ME?: HOW IMPLICIT BIAS CREATES A DISPARATE IMPACT IN MATERNAL HEALTHCARE FOR BLACK WOMEN |
43 Campbell Law Review 243 (2021) |
Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians' implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by... |
2021 |
Yes |
| Beau Kilmer , Jonathan P. Caulkins , Michelle Kilborn , Michelle Priest , Kristin M. Warren |
CANNABIS LEGALIZATION AND SOCIAL EQUITY: SOME OPPORTUNITIES, PUZZLES, AND TRADE-OFFS |
101 Boston University Law Review 1003 (May, 2021) |
Cannabis prohibition has created disparate harms--especially for Black, Indigenous, and People of Color (BIPOC)--largely through arrest disparities for possession and their downstream effects. Addressing inequities is increasingly featured in discussions to legalize cannabis supply and adult possession for nonmedical purposes. While there is... |
2021 |
|
| Brietta R. Clark |
CENTERING BLACK PREGNANCY: A RESPONSE TO MEDICAL PATERNALISM, STILLBIRTH, & BLINDSIDED MOTHERS |
106 Iowa Law Review Online 85 (2021) |
In Medical Paternalism, Stillbirth, & Blindsided Mothers, Professor Jill Wieber Lens identifies an important void in pregnancy-related disclosures, which has rendered stillbirth risk largely invisible to pregnant patients. She then makes a compelling case that medical paternalism is animating this pattern of nondisclosure and that... |
2021 |
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| Dawn M. Hunter , Betsy Lawton |
CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE |
14 Saint Louis University Journal of Health Law & Policy 251 (2021) |
COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... |
2021 |
|
| April Frazier Camara |
CHALLENGES BRING FORTH NEW OPPORTUNITIES |
35-WTR Criminal Justice Just. 1 (Winter, 2021) |
The Year 2020 has been an extraordinary year with America facing the deadliest pandemic of our lifetime, racial unrest, and a deeply divided election year. Each crisis presents a new opportunity for positive change, and I am excited about the year ahead for the Criminal Justice Section to embrace these challenges. There is no progress without... |
2021 |
|
| Kathryn Kisska-Schulze , Adam Epstein |
CHANGING THE FACE OF COLLEGE SPORTS ONE TAX RETURN AT A TIME |
73 Oklahoma Law Review 457 (Spring, 2021) |
On September 30, 2019, California Governor Gavin Newsom signed into law the Fair Pay to Play Act (FPTPA), allowing student-athletes to hire agents and financially benefit from their college sports activities by permitting commercialized use of their name, image, and likeness (NIL). California's law circumvented the National Collegiate Athletic... |
2021 |
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| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
|
| Anna Kirkland , Mikell Hyman |
CIVIL RIGHTS AS PATIENT EXPERIENCE: HOW HEALTHCARE ORGANIZATIONS HANDLE DISCRIMINATION COMPLAINTS |
55 Law and Society Review 273 (June, 2021) |
The nondiscrimination clause of the Affordable Care Act, known as Section 1557, formally expanded patients' civil rights in nearly every healthcare setting in the United States in 2010. Regulations required healthcare organizations to name a person to handle grievances and set up an internal grievance process for resolving them. Drawing on... |
2021 |
Yes |
| Catherine Powell |
COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE |
33 Yale Journal of Law & Feminism 1 (2021) |
We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... |
2021 |
|
| Almas Sayeed |
CONFRONTING OUR RACIST EXCLUSIONS: THE ROLE OF STATES IN REPAIRING, REIMAGINING AND RECONSTITUTING THE SOCIAL CONTRACT |
39 Yale Law and Policy Review 593 (Spring, 2021) |
The dual crises of the Coronavirus pandemic and Black-led uprisings catalyzed by the murder of George Floyd and many others cast a spotlight on the failure of the systems in place to support communities of color. This failure raises many questions about the resilience of the country's health and economic systems. It also prompts deep questions... |
2021 |
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| |
CONFRONTING THE COVID-19 ACCESS TO JUSTICE CRISIS |
2 No. 3 Maryland Bar Journal 73 (February, 2021) |
The COVID-19 pandemic has generated the nation's worst public health and economic crises in decades. The disease is deadly, and its spread has disrupted the well-being of hundreds of thousands of Marylanders. It is also poised to be an equally disastrous civil justice crisis, with legal aftershocks likely to induce more hardship and further... |
2021 |
|
| Dylan Asafo |
CONFRONTING THE LIES THAT PROTECT RACIST HATE SPEECH: TOWARDS HONEST HATE SPEECH LAWS IN NEW ZEALAND AND THE UNITED STATES |
38 UCLA Pacific Basin Law Journal 1 (Spring, 2021) |
This Article provides a comparative critique of hate speech jurisprudence in New Zealand and the United States by building on insights from Critical Race Theory (CRT) scholars. My main argument is that neither of these liberal democracies protect the right to freedom of expression/speech as they claim, but in fact dishonestly protect a right to... |
2021 |
|
| Samantha Das |
CONSTITUTIONAL LAW--BLACK PRISONER DENIED MEDICAL ATTENTION: EIGHTH AMENDMENT RIGHTS VIOLATION versus INHERENT BIASES IN MEDICAL RACISM--SHERMAN v. CORCELLA, 2020 U.S. DIST. LEXIS 125931 (D. CONN. 2020) |
17 Journal of Health & Biomedical Law 295 (2021) |
Under the Eighth Amendment of the United States Constitution, it is prohibited for a prisoner to experience deliberate indifference to their serious medical needs by any employer or agent of a correctional facility. However, the burden is on the prisoner to show that the alleged deprivation is sufficiently serious and the defendant acted with a... |
2021 |
|
| Anne-Marie Hakstian, Victoria Chase |
CONSUMER DISCRIMINATION IN THE HEALTH CARE INDUSTRY |
33 Loyola Consumer Law Review 301 (2021) |
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the ground of race, color, or national origin, by a program or activity receiving financial assistance from the federal government. Section 1557 of the Patient Protection and Affordable Care Act (ACA), in harmony with Title VI, protects consumers from discrimination on the basis... |
2021 |
Yes |
| Lori Andrews, Bora Ndregjoni |
COVID, SEX DISCRIMINATION, AND MEDICAL RESEARCH |
106 Cornell Law Review Online 129 (April, 2021) |
Introduction. 129 I. The History of Medical Research on Women. 131 II. The Regulatory Attempts to Address the Gender Gap in Medical Research. 135 III. The Differential Effect of Covid-19 on Women and Men. 143 A. Gendered Analyses of the Incidence of and Effects of COVID-19. 145 B. Biological Differences Influencing Reactions to COVID. 149 1.... |
2021 |
|
| George Rice |
COVID-19 & FOOD INSECURITY: HOW THE COVID-19 PANDEMIC HAS EXACERBATED FOOD INSECURITY AND WILL DISPROPORTIONALLY AFFECT LOW INCOME AND MINORITY GROUPS |
21 University of Maryland Law Journal of Race, Religion, Gender and Class 160 (Spring, 2021) |
The COVID-19 pandemic has highlighted several health disparities that exist between primarily White, affluent populations and low-income and minority communities. While diet-related health disparities have come to the forefront during the pandemic, they have existed for generations, and can be attributed, in part, to systemic inequality in food... |
2021 |
|
| Roy G. Spece, Jr. |
COVID-19 CONTROL: DISRUPTING DOCTOR-PATIENT RELATIONSHIPS |
100 Nebraska Law Review 150 (2021) |
The full-armamentarium of public health countermeasures came into play when COVID-19 emerged; a few examples are quarantine, closures, and social distancing. These countermeasures are intended to protect population health but trench on many important rights protected by ethical precepts and tort, constitutional, or other law. The measures studied... |
2021 |
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| Luciano Bottini Filho , Lecturer, Sheffield Hallam University |
COVID-19 THROUGH BRAZILIAN COURTS: THE DESERVING AND THE UNDESERVING VULNERABLE |
22 German Law Journal 1098 (September, 2021) |
(Received 03 May 2021; accepted 25 June 2021) Looking into these times of neoconservatism in Brazil, marked by a far-right agenda and populism, this Article explores the role of vulnerability (as a legal theory, a legal principle or factual consideration) in the litigation prompted by the pandemic in Brazil. The usages of vulnerability as a form of... |
2021 |
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