| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Fred Rottnek |
COVID-19, DOCTORS, AND THE "REALITIES OF PRISON ADMINISTRATION" PART I: THE REALITIES OF A SUBJECT MATTER EXPERT |
14 Saint Louis University Journal of Health Law & Policy 465 (2021) |
COVID-19 is still novel. As scientists continue racing to characterize the virus and its mutations, promote behavioral change, and optimize treatment and vaccination strategies, public policy makers shift their attention from one high priority population to the next. These spotlights have converged on one truism of the pandemic: COVID-19 infection,... |
2021 |
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| Joonu-Noel Andrews Coste |
COVID-19, HEALTH JUSTICE, AND THE PRIVILEGE OF SPACE: A NEW CRITICAL INTERSECTIONAL FRAMEWORK FOR CREATING A PRESCRIPTION FOR EQUAL WELL-BEING AND APPLIED TO ADDRESSING HEALTH OF CHILDREN RESIDING IN PSYCHIATRIC INSTITUTIONS |
43 Campbell Law Review 309 (Spring, 2021) |
When day comes we ask ourselves, / where can we find light in this never-ending shade? / The loss we carry, / a sea we must wade / We've braved the belly of the beast / We've learned that quiet isn't always peace / And the norms and notions / of what just is / Isn't always justice / And yet the dawn is ours / before we knew it / Somehow we do it /... |
2021 |
Yes |
| E. Tendayi Achiume , Devon W. Carbado |
CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW |
67 UCLA Law Review 1462 (April, 2021) |
By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... |
2021 |
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| Audrey Mallinak |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
2021 |
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| Justin Desautels-Stein, Akbar Rasulov |
DEEP CUTS: FOUR CRITIQUES OF LEGAL IDEOLOGY |
31 Yale Journal of Law & the Humanities 435 (Winter, 2021) |
This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics,... |
2021 |
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| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (10/29/2021) |
The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |
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| Catherine Siyue Chen, Fernando P. Cosio, Deja Ostrowski, Dina Shek |
DEVELOPING A PEDAGOGY OF COMMUNITY PARTNERSHIP AMIDST COVID-19: MEDICAL-LEGAL PARTNERSHIP FOR CHILDREN IN HAWAI'I |
28 Clinical Law Review 107 (Fall, 2021) |
The Medical-Legal Partnership for Children in Hawai'i (MLPC) has partnered with low-income families in community health and public housing settings for over a decade to provide direct legal services and engage in systemic advocacy. The MLPC model of legal services is rooted in our pedagogy of community partnership that seeks to confront the... |
2021 |
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| George A. Acosta |
DEVOLVING STANDARDS OF DECENCY: HOW EIGHTH AMENDMENT JURISPRUDENCE FAILS TRANSGENDER INMATES SEEKING NECESSARY MEDICAL CARE |
36 Wisconsin Journal of Law, Gender & Society 59 (Spring, 2021) |
The Supreme Court of the United States has long held that denying necessary medical care to prison inmates may constitute cruel and unusual punishment within the meaning of the Eighth Amendment. Transgender inmates suffering from gender dysphoria often do not receive essential medical care, particularly the crucial treatments of hormone therapy and... |
2021 |
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| Katherine A. Macfarlane |
DISABILITY WITHOUT DOCUMENTATION |
90 Fordham Law Review 59 (October, 2021) |
Disability exists regardless of whether a doctor has confirmed its existence. Yet in the American workplace, employees are not disabled, or entitled to reasonable accommodations, until a doctor says so. This Article challenges the assumption that requests for reasonable accommodations must be supported by medical proof of disability. It proposes an... |
2021 |
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| George M. Powers , Lex Frieden , Vinh Nguyen |
DISABILITY, ACCESS, AND OTHER CONSIDERATIONS: A TITLE II FRAMEWORK FOR A PANDEMIC CRISIS RESPONSE (COVID-19) |
14 Saint Louis University Journal of Health Law & Policy 345 (2021) |
This Article examines how plans for emergency medical rationing during the COVID-19 pandemic may discriminate against those with disabilities. More specifically, this Article lays out the obligation of state and local governments under Title II of the ADA in creating and enforcing equitable and fair rationing plans during this COVID-19 crisis. For... |
2021 |
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| Anthony O'Rourke , Rick Su , Guyora Binder |
DISBANDING POLICE AGENCIES |
121 Columbia Law Review 1327 (May, 2021) |
Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a... |
2021 |
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| Katrina Lee |
DISCRIMINATION AS ANTI-ETHICAL: ACHIEVING SYSTEMIC CHANGE IN LARGE LAW FIRMS |
98 Denver Law Review 581 (Spring, 2021) |
As protests calling for racial justice erupted across the country in 2020, many large law firms issued compelling statements acknowledging systemic inequities and bias. During the preceding few decades, firms had already expressed their commitment to diversity, equity, and inclusion; some had launched well-publicized diversity initiatives. Still,... |
2021 |
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| Matiangai Sirleaf |
DISPOSABLE LIVES: COVID-19, VACCINES, AND THE UPRISING |
121 Columbia Law Review Forum 71 (6/1/2021) |
If I can be provocative, shouldn't this study be done in Africa, where there are no masks, no treatment, no intensive care, a bit like some studies on AIDS or among prostitutes. We try things, because we know they . are highly exposed and they don't protect themselves. What do you think about that? --Jean-Paul Mira, Head of the Intensive Care... |
2021 |
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| Melissa Ballengee Alexander |
DISTRIBUTIVE JUSTICE AND RACIAL HEALTH EQUITY: WHAT COVID-19 TEACHES ABOUT MEDICARE'S BLANKET PRIORITY FOR AMERICANS OF ADVANCED AGE |
51 University of Memphis Law Review 823 (Summer, 2021) |
I. Introduction. 824 II. The United States Rations Health Care Based on Ability to Pay While Providing Special Assistance to Individuals of Advanced Age. 828 A. A Third of Americans Lack Access to Needed, Beneficial Care Because They Cannot Afford to Pay. 828 B. The Government Funds Care for Individuals of Advanced Age Regardless of Wealth, While... |
2021 |
Yes |
| Leslie Birnbaum |
DUE PROCESS AND ADMINISTRATIVE HEARINGS IN THE TIME OF COVID-19: HELP, I NEED SOMEBODY! |
41 Journal of the National Association of Administrative Law Judiciary 140 (Spring, 2021) |
PREFACE. 141 I. PANDEMIC BEGINNINGS. 142 A. Introduction. 142 B. The Pandemic: The Novel Coronavirus. 144 C. History of Pandemics. 147 D. Procedural Due Process: Adaptation and Reinvention--A Balancing Act. 150 II. THE NEXT GENERATION: TO BOLDLY GO WHERE NO ONE HAS GONE BEFORE (BUT WHERE EVERYONE IS HEADED). 151 A. Due Process and Case Law. 152 1.... |
2021 |
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| Jon M. Garon |
DYSREGULATING THE MEDIA: DIGITAL REDLINING, PRIVACY EROSION, AND THE UNINTENTIONAL DEREGULATION OF AMERICAN MEDIA |
73 Maine Law Review 45 (2021) |
Introduction I. The Rise of Federal Media Regulation II. Content Regulation and the Evolution of the First Amendment A. Early Cases Rejecting the First Amendment B. Introducing the Application of the First Amendment C. Speech Regulation through the Fairness Doctrine D. Continued Regulation Beyond the Fairness Doctrine III. The Move to... |
2021 |
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| Armen H. Merjian |
EMOTIONAL DISTRESS AND THE PSYCHOTHERAPIST-PATIENT PRIVILEGE: ESTABLISHING A CERTAIN AND PRINCIPLED IMPLIED-WAIVER RULE FOR CIVIL RIGHTS LITIGANTS |
12 UC Irvine Law Review 221 (November, 2021) |
Making the promise of confidentiality contingent upon a trial judge's later evaluation of the relative importance of the patient's interest in privacy and the evidentiary need for disclosure would eviscerate the effectiveness of the privilege. As we explained in Upjohn, if the purpose of the privilege is to be served, the participants in the... |
2021 |
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| Theresa Glennon |
EMPATHY'S PROMISE AND LIMITS FOR THOSE DISPROPORTIONATELY HARMED BY THE COVID-19 PANDEMIC |
27 Washington and Lee Journal of Civil Rights and Social Justice 441 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 442 II. The Exacerbation of COVID-19 Illness and Death, Financial Hardship and Toxic Stress. 448 A. COVID-19's Severe and Disparate Health Impacts. 449 B. COVID-19's Disparate Economic Impact. 454 C. COVID-19's Intensification of Trauma. 458 III. Empathy's Promise and Limitations. 461 A. Understanding Empathy:... |
2021 |
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| Ruqaiijah Yearby |
EMPLOYMENT DISCRIMINATION, BREASTFEEDING, AND HEALTH JUSTICE |
57 California Western Law Review 279 (Spring, 2021) |
Breastfeeding has been shown to lead to healthier mothers and infants. In fact, one study found that for every 1000 infants not breastfed there were 2,033 extra doctor visits, 212 hospitalization days and 609 prescriptions, costing an additional $331-475 per infant during the first year of life. Research has also shown that a breastfeeding mother... |
2021 |
Yes |
| Nancy Leong |
ENJOYED BY WHITE CITIZENS |
109 Georgetown Law Journal 1421 (June, 2021) |
Whiteness is invisible in American law. The U.S. Constitution never mentions white people. Indeed, the entirety of constitutional and statutory law, at both the federal and state level, includes only two antidiscrimination statutes that refer explicitly to white people. These Reconstructionera statutes--42 U.S.C. § 1981 and § 1982--declare that all... |
2021 |
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| Jacob Elkin |
ENVIRONMENTAL JUSTICE AND PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AMENDMENT: APPLYING THE DUTY OF IMPARTIALITY TO DISCRIMINATORY SITING |
11 Columbia Journal of Race and Law 195 (January, 2021) |
Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their... |
2021 |
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| Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs |
ENVIRONMENTAL LAW, DISRUPTED BY COVID-19 |
51 Environmental Law Reporter (ELI) 10509 (June, 2021) |
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing... |
2021 |
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| Kimberly L. Bick |
ENVIRONMENTAL PARITY AND OUTDOOR EQUITY |
63-APR Orange County Lawyer 36 (April, 2021) |
This month we celebrate Earth Day, but Earth Day represents more than one day set aside to plant trees or pick up trash at the beach. It was founded after three-million gallons of crude oil spilled into the Pacific Ocean just off the coast of Santa Barbara, California, in 1969, creating an oil slick thirty-five miles long along California's coast... |
2021 |
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| Samantha Bent Weber , Amanda Moreland , Rachel Hulkower , Tara Ramanathan Holiday |
EXAMINING SOCIODEMOGRAPHIC DATA REPORTING REQUIREMENTS IN STATE DISEASE SURVEILLANCE SYSTEMS |
14 Saint Louis University Journal of Health Law & Policy 571 (2021) |
Law plays an important role in the collection of data related to disease and injury in a population. A robust system of laws sets out requirements for the collection, analysis, and dissemination of disease reporting data from local, state, territorial, and federal public health institutions. Occurrence of disease, including outbreaks of novel... |
2021 |
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| Nia Johnson, MBE, JD |
EXPANDING ACCOUNTABILITY: USING THE NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CLAIM TO COMPENSATE BLACK AMERICAN FAMILIES WHO REMAINED UNHEARD IN MEDICAL CRISIS |
72 Hastings Law Journal 1637 (August, 2021) |
Black Americans have constantly been victims of health disparities and unequal treatment in healthcare facilities. This is not new. However, more attention has been paid to accounts from Black Americans alleging that their providers ignored them or their families in crisis, leading to grave consequences. Though we do have a medical malpractice... |
2021 |
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| James Jennings |
FAIR HOUSING AND ZONING AS ANTI-GENTRIFICATION: THE CASE OF BOSTON, MASSACHUSETTS |
30 Journal of Affordable Housing & Community Development Law 93 (2021) |
The Fair Housing law protects individuals and groups based on race, color, religion, sex, familial status, national origin, or having a disability. In addition to the federal protected classes, Massachusetts Anti-Discrimination Law, Massachusetts General Laws, ch.151B, prohibits discrimination against the following protected classes: sexual... |
2021 |
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| Helen Hershkoff, Nathan D. Yaffe |
FEDERALISM AND FEDERAL RIGHTS MINIMALISM: OVERLOOKED EFFECTS ON STATE COURT EDUCATION LITIGATION IN WISCONSIN |
2021 Wisconsin Law Review 1011 (2021) |
In 1973, the U.S. Supreme Court in San Antonio Independent School District v. Rodriguez held that education is not a fundamental right under the Fourteenth Amendment and that the Equal Protection Clause did not bar the state of Texas from using a system of school funding that produced radically unequal educational opportunities for students in... |
2021 |
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| James Wu |
FINANCING FEDERALIZED MEDICAID |
30 Annals of Health Law Advance Directive 319 (Spring, 2021) |
Federalism is especially pronounced in Medicaid due to the program's joint federal-state structure predicated on cooperation that gives states wide latitude in tailoring both the implementation of covered benefits and the eligibility for coverage. This has led to fragmentation and exclusion since the program's inception. The dynamic has been... |
2021 |
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| Winnie F. Taylor |
FINTECH AND RACE-BASED INEQUALITY IN THE HOME MORTGAGE AND AUTO FINANCING MARKETS |
33 Loyola Consumer Law Review 366 (2021) |
The racial gap in wealth in the United States is astonishing. A 2019 survey found that the typical White family has eight times the wealth of the typical African American family and five times the wealth of the typical Hispanic family. Unfortunately, discrimination in the home mortgage market and the lending industry has contributed greatly to the... |
2021 |
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| Co-Dean David Lopez |
FOREWORD |
72 Rutgers University Law Review 1265 (Winter, 2021) |
That everything you see will soon alter and cease to exist. Think of how many changes you have already seen. The world is nothing but change. -Marcus Aurelius The general laws of migration hold that the greater the obstacles and the farther the distance traveled, the more ambitious the migrants. -Isabel Wilkerson History will have to record... |
2021 |
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