| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Jennifer S. Bard, J.D., M.P.H., Ph.D. |
LIFTING THE BARRIERS EXCLUDING PEOPLE LIVING WITH DISABILITIES FROM THE BENEFITS OF INCLUSION IN RESEARCH STUDIES |
6 University of Pennsylvania Journal of Law & Public Affairs 489 (March, 2021) |
As the COVID-19 virus continues to rage out of control in the United States, there are thousands of ongoing clinical trials seeking to develop even a single effective treatment or vaccine. But the only access to the products being tested is by enrolling in a Food and Drug Administration (FDA) supervised clinical trial. And inclusion in a clinical... |
2021 |
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| Sarah J. Schendel |
LISTEN!: AMPLIFYING THE EXPERIENCES OF BLACK LAW SCHOOL GRADUATES IN 2020 |
100 Nebraska Law Review 73 (2021) |
C1-2TABLE OF CONTENTS I. Introduction. 74 II. The Survey. 79 A. Methodology. 79 B. Survey Questions. 80 III. An Overview of Responses. 81 A. A Grief Gap: The Mental, Physical, and Emotional Toll of COVID-19. 81 B. The Mental, Physical, and Emotional Impact of Racism. 83 C. The Impact of Changes to the Bar Exam. 87 1. Postponement. 87 2.... |
2021 |
|
| Maya Habash |
LOCKED UP IN THE EYE OF THE STORM: A CASE FOR HEIGHTENED LEGAL PROTECTIONS FOR INCARCERATED PEOPLE DURING HURRICANES |
21 University of Maryland Law Journal of Race, Religion, Gender and Class 137 (Spring, 2021) |
When Hurricane Katrina struck New Orleans on August 29, 2005, the incarcerated people of Orleans Parish Prison were abandoned. As the water continued to rise in the prison buildings in the five days following the hurricane, deputies left their posts and fled, leaving behind hundreds of incarcerated people locked in their cells without food, water,... |
2021 |
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| Daniel Finnegan |
LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCES NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS |
15 Brooklyn Journal of Corporate, Financial & Commercial Law 467 (Spring, 2021) |
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing... |
2021 |
|
| Frances Krupkin |
MAKING THE VRA GREAT AGAIN: ARIZONA DISCRIMINATORY VOTING RESTRICTIONS CANNOT STAND AFTER BRNOVICH |
71 American University Law Review Forum 14 (October, 2021) |
The Voting Rights Act of 1965 was a sweeping piece of legislation that helped to secure the ideals of the Civil War amendments by enfranchising Black voters across the United States. The statute was unique in its creation of both proactive and retroactive requirements to prevent and strike down racially discriminatory legislation. After the Supreme... |
2021 |
|
| Yong-Shik Lee |
MANAGING COVID-19: LEGAL AND INSTITUTIONAL ISSUES |
23 Minnesota Journal of Law, Science & Technology 1 (11/11/2021) |
The spread of the recent pandemic, COVID-19--which began in Wuhan, in December of 2019--has created an unprecedented impact on public health in the United States and across the world. As of October 2021, the United States reported over 44 million infection cases and over 720,000 deaths. Those cases represent over 18 percent of the reported... |
2021 |
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| M. Hamza Habib, MD, FACP, FAAHPM, MRCP , Hayley Penan, JD, MPH , Rutgers Cancer Institute of New Jersey, New Brunswick, NJ / Rutgers Law School, Newark, NJ, State of California Office of Legislative Counsel, Sacramento, CA |
MANDATORY COVID-19 VACCINATION FOR HEALTHCARE WORKERS: A MEDICAL, ETHICAL AND LEGAL OVERVIEW FOR HEALTHCARE SYSTEMS AND EMPLOYERS |
33 Health Lawyer 6 (April, 2021) |
Recent data has shown significant apprehension in healthcare workers (HCWs) about receiving a COVID-19 vaccination. This has led to low initial vaccination rates among HCWs. HCW unease about the COVID-19 vaccines primarily includes worries about the vaccine development process and the vaccines' safety and long-term side effect profiles. Many HCWs... |
2021 |
Yes |
| Jane Perkins , Sarah Somers |
MEDICAID'S GOLD STANDARD COVERAGE FOR CHILDREN AND YOUTH: PAST, PRESENT, AND FUTURE |
30 Annals of Health Law and Life Sciences 153 (Summer, 2021) |
Since 1967, federal law has entitled low-income children and youth under age twenty-one to coverage of Early and Periodic Screening, Diagnostic and Treatment (EPSDT) services through Medicaid. Designed specifically for these low-income children, EPSDT not only offers comprehensive screening services and a broad scope of treatment benefits but also... |
2021 |
|
| Colleen Campbell |
MEDICAL VIOLENCE, OBSTETRIC RACISM, AND THE LIMITS OF INFORMED CONSENT FOR BLACK WOMEN |
26 Michigan Journal of Race and Law 47 (Winter, 2021) |
This Essay critically examines how medicine actively engages in the reproductive subordination of Black women. In obstetrics, particularly, Black women must contend with both gender and race subordination. Early American gynecology treated Black women as expendable clinical material for its institutional needs. This medical violence was animated by... |
2021 |
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| Todd J. Clark , Caleb Gregory Conrad , André Douglas Pond Cummings , Amy Dunn Johnson |
MEEK MILL'S TRAUMA: BRUTAL POLICING AS AN ADVERSE CHILDHOOD EXPERIENCE |
33 Saint Thomas Law Review 158 (Spring, 2021) |
Meek Mill's life and career have been punctuated by trauma, from his childhood lived on the streets of Philadelphia, through his rise to fame and eventual arrival as one of hip hop's household names. In his 2018 track Trauma, Meek Mill describes, in revealing prose, just how the traumatic experiences he endured personally impacted and harmed him.... |
2021 |
|
| Claudia Fendian |
MENTAL HEALTHCARE FOR IMMIGRANTS AND FIRST-GENERATION FAMILIES: ERASING THE STIGMA AND CREATING SOLUTIONS |
24 Journal of Health Care Law and Policy 1 (2021) |
In the U.S., one in four people suffer from some sort of mental illness. Additionally, in the U.S., one in four people are immigrants or first-generation Americans. Tens of millions of people in the U.S. are in need of mental healthcare resources, and many of them are immigrants or first-generation individuals. With immigrants facing their own set... |
2021 |
Yes |
| James S. Liebman , Kayla C. Butler , Ian Buksunski |
MINE THE GAP: USING RACIAL DISPARITIES TO EXPOSE AND ERADICATE RACISM |
30 Southern California Review of Law & Social Justice 1 (Winter, 2021) |
For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial... |
2021 |
|
| Jill Wieber Lens |
MISCARRIAGE, STILLBIRTH, & REPRODUCTIVE JUSTICE |
98 Washington University Law Review 1059 (2021) |
Each year in the United States, millions of women's pregnancies end not with the birth of a living child, but in miscarriage or with the birth of a dead, stillborn child. Marginalized women face a higher risk of these undesired endings. Compared to white women, Black women are twice as likely to suffer a late miscarriage and to give birth to a... |
2021 |
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| Delaney Perl |
MITIGATING DISPARITIES IN ACCESS TO HEALTHCARE AMONG NATIVE AMERICAN COMMUNITIES THROUGH TELEHEALTH |
30 Annals of Health Law Advance Directive 247 (Spring, 2021) |
Marginalized communities have long suffered from various health disparities including access to healthcare. Native Americans in particular suffer from a wide range of socioeconomic, physical, and mental health disparities. More than twenty-five percent of Native Americans are living in poverty, and in some reservations, the rate of unemployment is... |
2021 |
Yes |
| Cody Uyeda |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
28 Asian American Law Journal 65 (2021) |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
2021 |
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| Tifanei Ressl-Moyer, Pilar Gonzalez Morales, Jaqueline Aranda Osorno |
MOVEMENT LAWYERING DURING A CRISIS: HOW THE LEGAL SYSTEM EXPLOITS THE LABOR OF ACTIVISTS AND UNDERMINES MOVEMENTS |
24 CUNY Law Review 91 (Winter, 2021) |
INTRODUCTION. 92 I. Harmful Legal Practices During Social Justice Movements and in Times of Crisis. 95 A. Undervaluing Clients and the Communities from Which the Client Comes. 98 1. When lawyers fail to see clients as equal partners with relevant information to contribute. 99 2. When lawyers fail to anticipate how client work will impact the... |
2021 |
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| Brooke Simone |
MUNICIPAL REPARATIONS: CONSIDERATIONS AND CONSTITUTIONALITY |
120 Michigan Law Review 345 (November, 2021) |
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations... |
2021 |
|
| John Taschner |
NATIVE HAWAIIANS' DISPROPORTIONAL INCARCERATION RATES LEADING TO DISPROPORTIONAL JAIL DEATHS |
21 Journal of Law in Society 93 (Winter, 2021) |
Introduction. 93 I. Native Hawaiians: Historically High Rates of Incarceration. 96 A. The Native Hawaiian Diaspora: Legacy of Inequality and Struggle. 99 II. Native Hawaiians and Justice: Incarceration of Hawaiian Community and Hawaiian Culture. 104 A. Incarcerated Native Hawaiians: High Rates of COVID-19. 106 III. Call for Overdue Reform:... |
2021 |
|
| Madeline Young |
NEW DISEASES CALL FOR . ARCHAIC RESPONSES? VIOLATING HUMAN RIGHTS IN THE SANITARY CORDON OF WUHAN |
17 Loyola University Chicago International Law Review 81 (Summer, 2021) |
Public health measures in response to pandemics and human rights law are both complementary and antithetical. Human rights law both requires public health measures during pandemics through the International Covenant on Economic Social and Cultural Rights (ICESCR) and limits such measures through the International Covenant on Civil and Political... |
2021 |
|
| Chinyere Ezie |
NOT YOUR MULE? DISRUPTING THE POLITICAL POWERLESSNESS OF BLACK WOMEN VOTERS |
92 University of Colorado Law Review 659 (Summer, 2021) |
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's... |
2021 |
|
| Etienne C. Toussaint |
OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN |
52 Columbia Human Rights Law Review 826 (Winter, 2021) |
The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... |
2021 |
|
| Jennifer A. Brobst |
OPEN AND UNASHAMED IN AN ERA OF CONSUMER PROTECTION: UNCONSCIONABLE HOSPITAL BILLING PRACTICES AND THE CHARGEMASTER RACKET |
51 University of Memphis Law Review 861 (Summer, 2021) |
I. Introduction. 862 II. The Impact of Rising Healthcare Costs on the Patient Consumer. 867 III. The Practice of Negotiating Medical Bills. 875 IV. The Impact of Billing Transparency on Rico and Other Deception Claims. 886 V. Unconscionability Claims in an Age of Consumer Protection. 890 A. The Doctrine of Unconscionability Applied to Transparency... |
2021 |
|
| Laura I Appleman |
PANDEMIC EUGENICS: DISCRIMINATION, DISABILITY, & DETENTION DURING COVID-19 |
67 Loyola Law Review 329 (Spring, 2021) |
The hidden blueprint of eugenics continues to shape the treatment of captive and vulnerable populations throughout the current pandemic. Though nominally discredited, eugenic thinking continues to guide our twenty-first century incarceration policies and our discriminatory treatment of detained, disabled, and neglected populations. During COVID-19,... |
2021 |
|
| Christian Sundquist |
PANDEMIC POLICING |
37 Georgia State University Law Review 1339 (Summer, 2021) |
C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 |
2021 |
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| Christian Powell Sundquist |
PANDEMIC SURVEILLANCE DISCRIMINATION |
51 Seton Hall Law Review 1535 (2021) |
I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 |
2021 |
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| Angela C. Carmella |
PANDEMIC, PROTEST, AND COMMEMORATION: SACRED CIVIC EXPRESSION IN TIMES OF NATIONAL GRIEF |
22 Rutgers Journal of Law & Religion 20 (2021) |
At the service of remembrance on the eve of his inauguration, President Biden said, To heal, we must remember. Our public mourning in times like these, filled with staggering numbers of pandemic deaths and shocking numbers of racial killings, indeed involves remembering the many lives lost. We are in the midst of the cultural task of... |
2021 |
|
| Alex Zhang |
PANDEMICS, PAID SICK LEAVES, AND TAX INSTITUTIONS |
52 Loyola University Chicago Law Journal 383 (Winter, 2021) |
The COVID-19 pandemic is currently ravaging the world, and the United States has been largely unsuccessful at containing the coronavirus. One long-standing policy failure stands out as having exacerbated the pandemic in our country: the lack of a national mandate of paid sick leaves, without which workers face financial and workplace-cultural... |
2021 |
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| Mary K. Kitzmiller, Caitlin Cavanagh , Paul Frick , Laurence Steinberg , Elizabeth Cauffman , Michigan State University, Louisiana State University, Temple University, University of California, Irvine |
PARENTAL INCARCERATION AND THE MENTAL HEALTH OF YOUTH IN THE JUSTICE SYSTEM: THE MODERATING ROLE OF NEIGHBORHOOD DISORDER |
27 Psychology, Public Policy, and Law 256 (May, 2021) |
Neighborhood-level characteristics may inform youths' experience of parental incarceration; however, their precise role has not yet been established. Some empirical evidence indicates that neighborhood disorder compounds the psychological distress of parental incarceration because youth living in disorderly neighborhoods are more likely to be... |
2021 |
Yes |
| Janai Nelson |
PARSING PARTISANSHIP AND PUNISHMENT: AN APPROACH TO PARTISAN GERRYMANDERING AND RACE |
96 New York University Law Review 1088 (October, 2021) |
The threat of extreme and punishing partisan gerrymandering has increased exponentially since 2019 when the Supreme Court held partisan gerrymandering claims nonjusticiable. Although the Court was unanimous in recognizing that partisan gerrymandering can undermine the fair functioning of the electoral process, neither Rucho's majority nor its... |
2021 |
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| Seema Mohapatra |
PASSPORTS OF PRIVILEGE |
70 American University Law Review 1729 (May, 2021) |
All Americans sixteen and older are now eligible to receive a COVID-19 vaccination. However, many will not be able to access such vaccinations due to their work situation, health status, and inaccessible vaccination sites. Some have suggested that the use of vaccine passports, credentials used to gain access to places and countries by showing proof... |
2021 |
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