| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Deborah W. Denno , Bruce A. Green |
FOREWORD AND DEDICATION |
89 Fordham Law Review 2415 (May, 2021) |
The Fordham Law Review's Symposium collection on Mental Health and the Legal Profession is dedicated to the memory of Professor Deborah L. Rhode. Much ink is spilled in legal periodicals over lawyers' professional successes--deals closed, lawsuits won, promotions to partnership, profits per partner. But lawyers' mental and emotional well-being... |
2021 |
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| Paul Butler |
FOREWORD TO THE REPUBLICATION OF AFFIRMATIVE ACTION AND THE CRIMINAL LAW |
92 University of Colorado Law Review 1443 (Special Issue 2021) |
Twenty-four years later, je ne regrette rien. I do not mean that I got everything exactly right, but I miss my youthful exuberance. I wonder, in the words of Birdman, What happened to that boy? Here is one of the passages that, introspect, seems most poignant: I argue that but for the fruits of slavery and entrenched racism, African Americans... |
2021 |
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| T. Alexander Aleinikoff |
FOREWORD TO THE REPUBLICATION OF THE CONSTITUTION IN CONTEXT: THE CONTINUING SIGNIFICANCE OF RACISM |
92 University of Colorado Law Review 1315 (Special Issue 2021) |
It is disturbing--to say the least--that an article written nearly three decades ago based on an assertion of the continuing existence of racism in the United States can be seen as meriting republication, not for its historical interest but because of its current relevance. The article began with descriptions of the brutal murder of Emmet Till in... |
2021 |
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| Melodie Meyer |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
2021 |
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| Renee Nicole Allen |
FROM ACADEMIC FREEDOM TO CANCEL CULTURE: SILENCING BLACK WOMEN IN THE LEGAL ACADEMY |
68 UCLA Law Review 364 (August, 2021) |
In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another's scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories... |
2021 |
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| Valarie K. Blake |
HEALTH CARE CIVIL RIGHTS UNDER MEDICARE FOR ALL |
72 Hastings Law Journal 773 (March, 2021) |
The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a universal right to access to health care, Medicare for All may inadvertently dampen civil rights protections that are... |
2021 |
Yes |
| Nicole Huberfeld |
HEALTH EQUITY, FEDERALISM, AND CANNABIS POLICY |
101 Boston University Law Review 897 (May, 2021) |
Cannabis policy is a story of complexity and dynamism laced with tension and inequity. Policy makers' views are rapidly changing, reflected by many bills sitting before Congress. This Essay considers three of the major bills that have a more comprehensive approach to cannabis. These bills also take different approaches to the flipped federalism... |
2021 |
Yes |
| Leslie Francis |
HEALTH INFORMATION BEYOND PANDEMIC EMERGENCIES: PRIVACY FOR SOCIAL JUSTICE |
70 American University Law Review 1629 (May, 2021) |
C1-2Table of Contents Introduction. 1630 I. The Importance of Information in and Beyond the Immediacy of a Pandemic Emergency. 1630 A. Information to Identify Emerging Infections. 1631 B. Syndromic Surveillance: Revealing Patterns of Disease. 1636 C. Stopping Spread: Information About Individuals for Contact Tracing, Isolation, and Quarantine. 1642... |
2021 |
Yes |
| Jennifer C. Nash |
HOME IS WHERE THE BIRTH IS: RACE, RISK, AND LABOR DURING COVID-19 |
32 Yale Journal of Law & Feminism 103 (2021) |
On April 28, 2020, Dr. W. Spencer McClelland--an obstetrician at New York City's Lenox Hill Hospital--published an editorial in The New York Times that announced, If you planned on delivering in a New York City hospital, don't change your plans. McClelland's plea was a response to an outpouring of news reports focused on pregnant people... |
2021 |
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| Emma Mendelson |
HOW THE FALLOUT FROM POST-9/11 SURVEILLANCE PROGRAMS CAN INFORM PRIVACY PROTECTIONS FOR COVID-19 CONTACT TRACING PROGRAMS |
24 CUNY Law Review 35 (Winter, 2021) |
INTRODUCTION. 35 I. The Bush Administration and the Broadened Scope of Surveillance. 38 A. The Law and the NSA. 38 B. The Wave of Backlash Comes Crashing Down. 44 II. National Security and Public Health Surveillance During COVID-19. 46 A. Background on the Data Changes Since 9/11. 47 B. What Does Surveillance During the COVID-19 Pandemic Look... |
2021 |
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| William Chanes Martinez |
HOW TO GET AWAY WITH IMMUNITY: FDA'S EMERGENCY USE AUTHORIZATION SCHEME AND PREP ACT LIABILITY PROTECTION IN THE CONTEXT OF COVID -19 |
33 Loyola Consumer Law Review 128 (2021) |
The U.S. Food and Drug Administration (FDA) plays a vital role in our country's response to biological agents that threaten public health and safety. On December 31, 2019, officials in Wuhan, China confirmed dozens of cases of pneumonia caused by an unknown pathogen. Chinese officials later identified that pathogen as severe acute respiratory... |
2021 |
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| William Froehlich |
IDEAS FOR COLLABORATIVE COMMUNITY RESILIENCE: LESSONS FROM AN ACADEMY INITIATIVE DESIGNED FOR COMMUNITY LEADERS |
75 Dispute Resolution Journal 63 (2021) |
In the wake of the Summer of Advocacy for Black Lives, new examples of racial injustice continue to remind us of the issues dividing all our communities. You may have wondered whether you could contribute your expertise in dispute resolution, particularly mediation, as you watched demonstrators express compounded frustration with police practices... |
2021 |
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| Libby Smith |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
45 American Indian Law Review 297 (2021) |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
2021 |
Yes |
| Kayley Berger |
IN WHOSE CUSTODY? MIRANDA, EMERGENCY MEDICAL CARE & CRIMINAL DEFENDANTS |
11 UC Irvine Law Review 1197 (April, 2021) |
Respect for the rule of law in all its dimensions is critical to the fair administration of justice, public order, and protection of fundamental freedoms. The rule of law surrounding the Fifth Amendment right against self-incrimination will not be respected by the police or public at large until major loopholes that allow the police to take... |
2021 |
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| Riyad A. Omar |
INCENTIVIZING ACCESS BARRIERS: THE UNINTENDED CONSEQUENCES OF USING PREDICTED COSTS TO MEASURE MEDICAL NEEDS |
51 University of Memphis Law Review 1049 (Summer, 2021) |
I. Introduction. 1051 II. The Use and Misuse of Predictive Models. 1056 A. Risk Scores in Health Care. 1056 B. Measuring Predictive Accuracy. 1059 1. Predictions About Groups. 1059 2. Predictions About Individuals. 1061 C. Propensity to Misuse Risk Scores. 1065 D. Unique Risks of Black Box Algorithms. 1068 E. Propensity for Algorithmic Data to... |
2021 |
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| Nicole P. Dyszlewski |
INTEGRATING DIVERSITY INTO THE 1L CURRICULUM, ONE LIBRARIAN AT A TIME |
25 U.C. Davis Social Justice Law Review 64 (Summer, 2021) |
As I start this essay, I sit at my computer anxious and afraid that I am too white and too untenured to write an essay on a topic as big and important as successfully integrating social justice, diversity, equity, racial justice, equality, oppression, and inclusion into the curriculum in American law schools. I feel this way for a number of... |
2021 |
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| Ana Santos Rutschman |
INTELLECTUAL PROPERTY AS A DETERMINANT OF HEALTH |
54 Vanderbilt Journal of Transnational Law 413 (March, 2021) |
Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as forces and systems consisting of factors combin[ing] together to affect the health of individuals and... |
2021 |
yes |
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INTRODUCTION |
134 Harvard Law Review 2158 (April, 2021) |
Americans have no universal, legal right to healthcare. The federal Constitution guarantees a right to speak without government intrusion, but no platform from which to be heard, the right to privacy in one's home, but no home to begin with, and the right to life absent due process, but no affirmative right to life-saving care. Put reductively, at... |
2021 |
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| Myrisha S. Lewis |
IS GERMLINE GENE EDITING EXCEPTIONAL? |
51 Seton Hall Law Review 735 (2021) |
Advances in gene editing have recently received significant scientific and media attention. Gene editing, especially CRISPR-Cas9, has revived multiple longstanding ethical debates, including debates related to parental autonomy, health disparities, disability perspectives, and racial and economic inequalities. Germline, or heritable, gene editing... |
2021 |
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| David A. Grenardo |
IT'S WORTH A SHOT: CAN SPORTS COMBAT RACISM IN THE UNITED STATES? |
12 Harvard Journal of Sports & Entertainment Law 237 (Spring, 2021) |
Racism has stained this country throughout its history, and racism persists today in the United States, including in sports. Sports represent a reflection of society and its ills, but they can also provide a powerful means to combat racism. This article examines the state of racism in society and sports both historically and today. It also provides... |
2021 |
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KEYNOTE ADDRESS: MARIA MELENDEZ |
31 Albany Law Journal of Science and Technology 149 (2021) |
Welcome everybody. On March 25, 1966, in Chicago, at a press conference, Dr. Martin Luther King said: Of all forms of inequality, injustice in health is the most shocking and most inhuman. What we are seeing today with COVID shines a light on health disparities and poor health outcomes experienced by Black, Indigenous, and other people of color.... |
2021 |
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| Jessie Allen |
LAWYERS FOR WHITE PEOPLE? |
69 University of Kansas Law Review 349 (March, 2021) |
Wait a minute. Are you telling me that after I graduate I could go downtown and hang out a sign that says Lawyers for White People? - Student in my Professional Responsibility class In 2016, the American Bar Association adopted a new Model Rule of Professional Conduct that for the first time forbids lawyers from discriminating on the basis of... |
2021 |
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| Tiffany Penner |
LAWYERS IN SCHOOLS: NAVIGATING THE RISKS AND REWARDS OF SCHOOL-BASED MEDICAL-LEGAL PARTNERSHIPS |
59 Houston Law Review 479 (Fall, 2021) |
In the 2021 case Mahonoy Area School District v. B.L., Justice Breyer called public schools nurseries of democracy, emphasizing the link between the health of a child's experiences in public-school institutions and that child's experiences with civil society as an adult. Understanding the implications of this relationship, trail-blazing lawyers... |
2021 |
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| Deborah L. Rhode |
LEADERSHIP IN TIMES OF SOCIAL UPHEAVAL: LESSONS FOR LAWYERS |
73 Baylor Law Review 67 (Winter, 2021) |
This article explores the leadership challenges that arose in the wake of the 2020 COVID-19 pandemic and the widespread protests following the killing of an unarmed Black man, George Floyd. Lawyers have been key players in both crises, as politicians, general counsel, and leaders of protest movements, law firms, bar associations, and law... |
2021 |
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| Sama Kahook |
LEFT TO THEIR OWN DEVICES: ADDRESSING RACIAL BIASES IN THE FDA APPROVAL PROCESS FOR MEDICAL DEVICES |
30 Annals of Health Law Advance Directive 153 (Spring, 2021) |
Unconscious bias plagues the medical field and threatens the diagnosis, treatment, and physician-patient relationship between doctors and patients of color. The disparities affecting people of color in the United States include access to health care, the quality of care received, and health outcomes. Healthcare disparities are exacerbated by... |
2021 |
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| Catherine J.K. Sandoval , Patricia A. Cain , Stephen F. Diamond , Allen S. Hammond , Jean C. Love , Stephen E. Smith , Solmaz Nabipour, M.D. |
LEGAL EDUCATION DURING THE COVID-19 PANDEMIC: PUT HEALTH, SAFETY AND EQUITY FIRST |
61 Santa Clara Law Review 367 (2021) |
The COVID-19 viral pandemic exposed equity and safety culture gaps in American legal education. Legal education forms part of America's Critical Infrastructure whose continuity is important to the economy, public safety, democracy, and the national security of the United States. To address the COVID-19 pandemic and prepare for future viral... |
2021 |
Yes |
| Spencer Headworth , Callie Zaborenko |
LEGAL REACTIVITY: CORRECTIONAL HEALTH CARE CERTIFICATIONS AS RESPONSES TO LITIGATION |
46 Law and Social Inquiry 1173(November, 2021) |
In 1976, the US Supreme Court established that incarcerated people have a constitutional right to health care, ratifying lower court decisions. Corresponding professionalization and standardization initiatives included the advent of third-party certifications of individual correctional health care (CHC) practitioners. Drawing on historical evidence... |
2021 |
Yes |
| Aastha Khanna, Divesh Sawhney |
LEGISLATIVE REVIEW OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 |
24 No. 3 Human Rights Brief 155 (Spring, 2021) |
Fifty Eight. Beyond the man-woman binary, there are as many as fifty-eight gender variants. The expression transgender is an umbrella term for persons whose gender identity, expression, and orientation are incongruent with their biological sex. Although activists around the globe have put in tireless efforts, life for the transgender community... |
2021 |
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| Amanda Harris , Brittíni “Ree Belle” Gray , Ciearra Walker , Melinique Walls Castellanos |
LESSONS LEARNED FROM COMMUNITY-DRIVEN RESPONSIVENESS DURING COVID-19 |
14 Saint Louis University Journal of Health Law & Policy 429 (2021) |
People of color are suffering and dying from COVID-19 at greater rates than the general population. Additionally, population-level health interventions can worsen health disparities by failing to reach already underserved populations. In response, PrepareSTL, a collaborative, community-led campaign, aims to reach communities of color in St. Louis... |
2021 |
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| Jessica Mantel |
LEVERAGING COMMUNITY-BASED INTEGRATED HEALTH TEAMS TO MEET THE NEEDS OF VULNERABLE POPULATIONS IN TIMES OF CRISIS |
30 Annals of Health Law and Life Sciences 133 (Summer, 2021) |
No one is immune to the COVID-19 virus. COVID-19, however, is not an equal opportunity disease. Disadvantaged socioeconomic groups have disproportionately felt its effects, experiencing higher rates of infection, hospitalization, and death. These disparities, in large part, stem from existing inequities in access to health care, income, employment,... |
2021 |
Yes |