| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Ji Seon Song |
POLICING THE EMERGENCY ROOM |
134 Harvard Law Review 2646 (June, 2021) |
C1-2CONTENTS Introduction. 2647 I. Emergency Rooms and Policing. 2654 A. Poor People in the ER. 2654 B. Police in the ER. 2660 II. Problems of Policing in the ER. 2664 A. Discounting Medical Vulnerability. 2665 1. An Acontextualized Approach to Privacy. 2665 2. Deference to General Police Investigation. 2671 B. Enlisting Medical Professional... |
2021 |
|
| Marvin L. Astrada, Scott B. Astrada |
POLITICS, POWER & COMMUNITY: CRITICALLY REEXAMINING NOTIONS OF LAW, IDENTITY & CIVIL SOCIETY |
45 Nova Law Review 169 (Spring, 2021) |
I. Introduction. 169 II. Representation, Law, Politics, Identity, and Notions of Community. 177 A. Ethics, Homogeny, and Representation: The Inevitability of Resistance. 180 III. Political Identity: Identarian-Based Political Communities & Subcommunities. 187 A. Exploring the Political Function of Memory Within IBFs, PI & Community. 199 IV.... |
2021 |
|
| Tiffany C. Li |
POST-PANDEMIC PRIVACY LAW |
70 American University Law Review 1681 (May, 2021) |
COVID-19, the global pandemic that began in 2019, altered how we live our lives in just about every way imaginable. Some of those changes were obvious--for example, those who were fortunate enough to be able to work from home began working online--while other changes were more subtle. The latter category included unprecedented levels of data... |
2021 |
|
| Nathan Frischkorn, Samuel Waxman, Sandra Day O'Connor College of Law, Arizona State University |
POWER AND POLLUTION: APPROACHING COAL-FIRED POWER PLANTS AND RENEWABLE ENERGY THROUGH A RACIAL JUSTICE LENS |
10 Chicago-Kent Journal of Environmental and Energy Law 1 (Spring, 2021) |
Racial justice protests erupted across the United States in the summer of 2020, ignited by the public killing of George Floyd by a Minneapolis police officer. Although the struggle for racial justice in this country has spanned decades, one part of that struggle involves ongoing environmental injustices plaguing many U.S. minority neighborhoods.... |
2021 |
|
| Daiquiri J. Steele |
PRESERVING PANDEMIC PROTECTIONS |
42 Berkeley Journal of Employment and Labor Law 321 (2021) |
Though violations of workplace laws are typically viewed as private matters between employee and employer, such violations often transcend these private relationships and impact third parties and the broader society. As an important example, violations of workplace laws can impact public health, particularly during public health emergencies like... |
2021 |
|
| Mary Crossley |
PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE |
30 Annals of Health Law and Life Sciences 101 (Summer, 2021) |
As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... |
2021 |
Yes |
| Tiffany C. Li |
PRIVACY IN PANDEMIC: LAW, TECHNOLOGY, AND PUBLIC HEALTH IN THE COVID-19 CRISIS |
52 Loyola University Chicago Law Journal 767 (Spring, 2021) |
The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and... |
2021 |
Yes |
| W. Nicholson Price II |
PROBLEMATIC INTERACTIONS BETWEEN AI AND HEALTH PRIVACY |
2021 Utah Law Review 925 (2021) |
The interaction of artificial intelligence (AI) and health privacy is a two-way street. Both directions are problematic. This Article makes two main points. First, the advent of artificial intelligence weakens the legal protections for health privacy by rendering deidentification less reliable and by inferring health information from unprotected... |
2021 |
Yes |
| Jessica B. Goldstein, Jodi A. Mazer |
PROSECUTING ENVIRONMENTAL CRIMES TO ADVANCE ENVIRONMENTAL JUSTICE |
36-FALL Natural Resources & Environment 45 (Fall, 2021) |
Hours after being sworn in on March 11, 2021, as the 16th administrator of the Environmental Protection Agency (EPA), Michael Regan shared his vision with the EPA's workforce: We will stand up for environmental justice, guided by our conviction that all people have the right to breathe clean air, drink clean water, and lead a healthy... |
2021 |
|
| Katie Raitz |
PUBLIC HEALTH AND RACIAL INEQUALITY: WHY THE OPPORTUNITY ZONE PROGRAM FAILS LOW-INCOME COMMUNITIES AND COSTS LIVES |
12 UC Irvine Law Review 315 (November, 2021) |
The rich man's dog gets more in the way of vaccination, medicine and medical care than do the workers upon whom the rich man's wealth is built. Poor health outcomes are linked to long-standing wealth disparities for people of color in the United States. Wealth inequality has gotten worse over the past decades, despite attempts to improve it. The... |
2021 |
Yes |
| Dr. Daniel G. Aaron |
PUBLIC HEALTH IN THE OPIOID LITIGATION |
53 Loyola University Chicago Law Journal 11 (Fall, 2021) |
Today, the opioid crisis is playing out in the nation's courts. Litigants have taken a microscope to defendant opioid companies whose misconduct ignited and exacerbated the opioid crisis. As the litigation continues, one could imagine numerous ways its resolution could contribute to the end of a multi-decade overdose crisis and prevent future ones.... |
2021 |
Yes |
| Dr. Tryon P. Woods |
PUBLIC HEALTH POLICING AND THE CASE AGAINST VACCINE MANDATES |
33 Saint Thomas Law Review 219 (Spring, 2021) |
I. INTRODUCTION: PANDEMIC POLICE POWER. 220 II. POLICING IS NOT WHAT WE THINK IT IS. 223 III. IS THERE A PANDEMIC?. 225 IV. WHY OR WHY NOT VACCINES?. 236 V. LAW-MATTERS?. 257 VI. CONCLUSION: SCIENCE AND LAW FOR THE PEOPLE. 275 |
2021 |
Yes |
| Nora Freeman Engstrom, Robert L. Rabin |
PURSUING PUBLIC HEALTH THROUGH LITIGATION: LESSONS FROM TOBACCO AND OPIOIDS |
73 Stanford Law Review 285 (February, 2021) |
Over the past half-century, product-related public health crises have claimed millions of American lives. Two of these crises have been especially prominent: tobacco and opioids. In this Article, we zero in on both controversies. Like many before us, we trace how these two addictive and deadly products became widely used by the American... |
2021 |
Yes |
| Kathrin Lozah |
PUSHING PAST THE PANDEMIC: RE-EVALUATING TRIBAL EXEMPTIONS TO MEDICAID WORK REQUIREMENTS |
47 American Journal of Law & Medicine 333 (2021) |
In recent years, amid the skyrocketing cost of healthcare, the Secretary of the Department of Health and Human Services (HHS) approved several Section 1115 demonstration projects from states seeking to implement Medicaid work requirements in an effort to decrease healthcare spending. The Secretary has stated that these projects promote the... |
2021 |
|
| Craig Konnoth |
RACE AND MEDICAL DOUBLE-BINDS |
121 Columbia Law Review Forum 135 (10/8/2021) |
Race and medicine scholarship is beset by a conundrum. On one hand, some racial justice scholars and advocates frame the harms that racial minorities experience through a medical lens. Poverty and homelessness are social determinants of health that medical frameworks should account for. Racism itself is a public health threat. On the other hand,... |
2021 |
|
| Steven A. Ramirez |
RACE IN AMERICA 2021: A TIME TO EMBRACE BEAUHARNAIS v. ILLINOIS? |
52 Loyola University Chicago Law Journal 1001 (Summer, 2021) |
Hate crimes and racially motivated violence spiked in the United States over the past few years. Our foreign adversaries seek to inflame racial divisions in our nation and turn American against American. This now forms a major threat to our national security and domestic tranquility. Indeed, in light of the attempted insurrection of January 6,... |
2021 |
|
| Aziza Ahmed , Jason Jackson |
RACE, RISK, AND PERSONAL RESPONSIBILITY IN THE RESPONSE TO COVID-19 |
121 Columbia Law Review Forum 47 (4/1/2021) |
The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportionate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and... |
2021 |
|
| Thalia González |
RACE, SCHOOL POLICING, AND PUBLIC HEALTH |
73 Stanford Law Review Online 180 (June, 2021) |
The ever-growing list of names of Black victims who have died at the hands of police has emboldened a new public narrative that frames police violence--and other more commonplace, though less lethal, disparate policing practices--as a public health crisis rooted in this country's history of racism and anti-Blackness. This public narrative... |
2021 |
|
| Ion Meyn |
RACE-BASED REMEDIES IN CRIMINAL LAW |
63 William and Mary Law Review 219 (October, 2021) |
This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring... |
2021 |
|
| Olinda Moyd |
RACIAL DISPARITIES INHERENT IN AMERICA'S FRAGMENTED PAROLE SYSTEM |
36-SPG Criminal Justice Just. 6 (Spring, 2021) |
This global health crisis has proven to be an equal opportunity discloser, in that it has spotlighted the layers of inequities and racial disparities so engrained in America's structural systems. Nowhere else is this more evident than in our criminal legal system, where justice is often austere for African Americans. The ghastly statistics of the... |
2021 |
|
| William Y. Chin |
RACIAL EQUALITY AND INEQUALITY IN AMERICA AND LESSONS FROM OTHER COUNTRIES |
27 Cardozo Journal of Equal Rights & Social Justice 473 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 474 II. Racial Equality Lessons from other Countries. 475 A. Abolish Law Enforcement's use of Neck Restraints. 476 B. Add Day Fines to the Range of Sanctions. 479 C. Promote and Reward Reading by Prisoners. 480 D. Offer a National Apology for Subjugating African Americans. 483 E. Assist Workers of Color by... |
2021 |
|
| Michael Conklin |
RACIAL PREFERENCES IN COVID-19 VACCINATION: LEGAL AND PRACTICAL IMPLICATIONS |
5 Howard Human & Civil Rights Law Review 141 (Spring, 2021) |
I don't think we should ask doctors to remedy past discrimination. They can't do it, except haphazardly. And it's not their job. A doctor ought to consider a patient's present medical needs and nothing else: not her sex, not her race, not her long-term disabilities, not whether her mother loves her, not any fact about her, save as relevant to her... |
2021 |
|
| Matiangai Sirleaf |
RACIAL VALUATION OF DISEASES |
67 UCLA Law Review 1820 (April, 2021) |
Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... |
2021 |
|
| Charlie Martel |
RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT |
45 New York University Review of Law and Social Change 197 (2021) |
Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... |
2021 |
|
| Charlene Galarneau , Ruqaiijah Yearby |
RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC |
14 Saint Louis University Journal of Health Law & Policy 211 (2021) |
Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... |
2021 |
Yes |
| Abdur Rahman Amin |
REDEFINING HEALTHCARE TO ADDRESS RACIAL HEALTH DISPARITIES & INEQUITIES |
43 Mitchell Hamline Law Journal of Public Policy and Practice 1 (Spring, 2021) |
C1-2Table of Contents Introduction. 2 I. Background: Health Disparities Amongst Minority Communities: Short-Term and Long-Term Effects. 3 A. COVID-19: A Snapshot of Racial Health Inequity. 3 B. Future Impact: Chronic Conditions & Mental Health. 4 II. Solution Framework: Prioritizing Healthcare Access and Addressing Racial Health Disparities to... |
2021 |
Yes |
| Antonia Kurtz |
REFORMING SEXUAL HEALTH EDUCATION IN MINNESOTA SCHOOLS: AN EVIDENCE-BASED APPROACH |
43 Mitchell Hamline Law Journal of Public Policy and Practice 2 (Spring, 2021) |
C1-2Table of Contents Introduction. 2 I. The Evolving Purpose of Sexual Health Education. 3 A. The Abstinence Era. 3 B. The Failure of Abstinence-Only Education. 6 C. The Move Toward Comprehensive Sex Education. 9 II. The Future of Sexual Health Education in Minnesota. 11 A. Minnesota's Current Sexual Health Education Requirements. 11 B.... |
2021 |
Yes |
| |
REMARKS BY CHAIRMAN ROBERT C. "BOBBY" SCOTT (VA-03) |
39 Minnesota Journal of Law & Inequality 5 (Winter, 2021) |
2020 Summit for Civil Rights | University of Minnesota Law School, Georgetown University Law Center Friday, July 31, 2020 | 10:10 AM CDT Thank you, Dean Treanor, for your very kind introduction. I want to thank the University of Minnesota Law School, Workers' Rights Institute, Building One America, NAACP, and all the organizations that helped... |
2021 |
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| Anne Kat Alexander |
RESIDENTIAL EVICTION AND PUBLIC HOUSING: COVID-19 AND BEYOND |
18 Indiana Health Law Review 243 (2021) |
This Article provides an account and analysis of the eviction-reducing public health measures taken during the COVID-19 pandemic in the United States, adding to the urgent and growing body of research that seeks both to capture a description of the current situation and press for best practices to be implemented more widely. I gave the panel... |
2021 |
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| Helen H. Kang |
RESTORATIVE JUSTICE FOR REDLINED COMMUNITIES DISPLACED BY ECO-GENTRIFICATION |
26 Michigan Journal of Race and Law 23 (Winter, 2021) |
R1-2INTRODUCTION . L323 I. De Jure Segregation in the City of San Francisco and the Displacement of Black Residents from the Bayview-Hunters Point Neighborhood. 24 A. The De Jure Segregation of Bayview-Hunters Point. 26 B. Continuation of De Jure Segregation Through Redlining and Other Government Actions. 27 C. Intensification of Segregation and... |
2021 |
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