| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Sierra Campbell |
MEDICAL-LEGAL PARTNERSHIPS AS TOOLS TO REDUCE CHILD WELFARE CONTACT: SHIFTING HEALTH CARE PROVIDERS FROM SITES OF SURVEILLANCE TO SITES OF SUPPORT |
31 Georgetown Journal on Poverty Law and Policy 93 (Fall, 2023) |
The child welfare system can have devastating short- and long-term impacts on children and families. Families experiencing poverty should be met with support rather than pushed into this potentially harmful system. Yet, when families with low incomes and Black families come into contact with health care providers, they are disproportionately... |
2023 |
Yes |
| Melissa Murray |
MOTHERS IN LAW |
121 Michigan Law Review 909 (April, 2023) |
Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. by Tomiko Brown-Nagin. New York: Pantheon. 2022. Pp. 2, 497. Cloth, $30; paper, $19. On February 25, 2022, President Biden nominated Judge Ketanji Brown Jackson, from the United States Court of Appeals for the District of Columbia Circuit, to the Supreme Court. From the... |
2023 |
|
| S. Lisa Washington |
PATHOLOGY LOGICS |
117 Northwestern University Law Review 1523 (2023) |
Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... |
2023 |
|
| Samuel Fox Krauss |
PINCITES |
98 New York University Law Review 888 (June, 2023) |
Within the literature on legal scholarship, academics have studied citation practices. For example, scholars have examined which authors, journals, and articles are most cited. But no one has examined which parts of articles scholars cite. Understanding which parts of articles scholars cite is not only intrinsically interesting, but also could... |
2023 |
|
| Clare Huntington |
PRAGMATIC FAMILY LAW |
136 Harvard Law Review 1501 (April, 2023) |
C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... |
2023 |
|
| Ilse Turner |
PRAYING FOR A HEALTHY BIRTH, BLACK MOTHERS FIGHTING RACISM EVEN IN THE DELIVERY ROOM |
19 Journal of Health & Biomedical Law 175 (2023) |
Having a baby is one of the most anxiety-inducing experiences in a woman's life. The days leading up to birth are often filled with thoughts such as: will my baby be healthy? Will the doctor be on time? What if I need to have an emergency c-section? Black women, however, face an additional worrying question, will I receive adequate medical care? On... |
2023 |
Yes |
| Elizabeth Kukura |
PREGNANCY RISK AND COERCED INTERVENTIONS AFTER DOBBS |
76 SMU Law Review 105 (Winter, 2023) |
Only nine months after the Supreme Court eliminated the federal constitutional right to abortion in Dobbs v. Jackson Women's Health Organization, fourteen states had banned abortion entirely, and experts estimate the ultimate number of states imposing complete or near-complete restrictions on abortion care will likely rise to twenty-four. Millions... |
2023 |
|
| Heather Tanana |
PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE |
15 Northeastern University Law Review 89 (March, 2023) |
C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... |
2023 |
Yes |
| Martin Kwan |
PROVING INTRA-RACIAL DISCRIMINATION IN THE U.S. AND CANADA: THE ROOM FOR MAKING THE ARTIFICIAL DISTINCTION BETWEEN GENEALOGICAL RELATEDNESS AND RACE |
54 University of Miami Inter-American Law Review 1 (Spring, 2023) |
This article takes the role of the Devil's advocate in order to question the judicial willingness to distinguish race from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra-racial discrimination is motivated by perceived genealogical relatedness, but not... |
2023 |
|
| Elizabeth Tobin-Tyler |
PUTTING YOUR MONEY WHERE YOUR MOUTH IS: MATERNAL HEALTH POLICY AFTER DOBBS |
53 Seton Hall Law Review 1577 (6/12/2023) |
What is pro-life about putting a woman in a situation where she must risk pregnancy without proper medical, social and emotional support? What is pro-life about forcing the birth of a child, if that child will enter a world of rejection, deprivation and insecurity, to say nothing of the fear, anxiety and danger that comes with poverty, crime... |
2023 |
Yes |
| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
|
| Alisha Desai, Ryan Holliday, Lauren M. Borges, Rocky Mountain Mental Illness Research, Education, and Clinical Center for Suicide Prevention, U.S. Department of Veterans Affairs |
RACIAL, ETHNIC, AND SEX DIFFERENCES IN PSYCHIATRIC DIAGNOSIS, MENTAL HEALTH SEQUELAE, AND VHA SERVICE UTILIZATION AMONG JUSTICE-INVOLVED VETERANS |
47 Law and Human Behavior 260 (February, 2023) |
Objective: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g.,... |
2023 |
Yes |
| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2023 |
Yes |
| Elizabeth Kukura |
RETHINKING THE INFRASTRUCTURE OF CHILDBIRTH |
91 UMKC Law Review 497 (Spring, 2023) |
It is notoriously difficult to get the public--and the lawmakers who represent them--to be enthusiastic about infrastructure projects. Infrastructure is often invisible, at least until something goes wrong, making it harder to appreciate the benefits of investing in infrastructure until the water main bursts or the bridge becomes structurally... |
2023 |
|
| Cecilia Landor |
RIGHT TO INFORMED CONSENT, RIGHT TO A DOULA: AN EVIDENCE-BASED SOLUTION TO THE BLACK MATERNAL MORTALITY CRISIS IN THE UNITED STATES |
30 Michigan Journal of Gender & Law 61 (2023) |
This Note seeks to build on existing research about how to improve childbirth in the United States for women, particularly for Black women, given the United States' extremely high maternal mortality rate. Through examining the history and characteristics of American and Western childbirth, it seeks to explore how the current birth framework... |
2023 |
Yes |
| Sonja Starr |
STATISTICAL DISCRIMINATION |
58 Harvard Civil Rights-Civil Liberties Law Review 579 (Summer, 2023) |
The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care... |
2023 |
|
| Claire E. Remillard |
TELEHEALTH IS HERE TO STAY: WHY MEDICAID SHOULD PERMANENTLY REQUIRE STATES TO OFFER MENTAL HEALTH SERVICES THROUGH TELEHEALTH |
23 Journal of High Technology Law 363 (2023) |
A troublesome image: a global pandemic threatening the health of you and your loved ones, an over-crowded apartment with stir-crazy children, bills piling up, the peak of stressful family dynamics, job and income insecurity. For many Americans, this scenario was reality during the COVID-19 pandemic. Navigating everyday life during an ever-evolving... |
2023 |
Yes |
| Etienne C. Toussaint |
THE ABOLITION OF FOOD OPPRESSION |
111 Georgetown Law Journal 1043 (May, 2023) |
Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... |
2023 |
|
| Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... |
2023 |
|
| Madalyn K. Wasilczuk |
THE CLINIC AS A SITE OF GROUNDED PEDAGOGY |
29 Clinical Law Review 405 (Spring, 2023) |
Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to think like lawyers. In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to... |
2023 |
|
| Jasmine E. Harris, Karen M. Tani, Shira Wakschlag |
THE DISABILITY DOCKET |
72 American University Law Review 1709 (June, 2023) |
The monumental changes emanating from the contemporary Supreme Court have now generated abundant commentary--but it remains possible to glean new insights if we review the Court's work from an alternative perspective, one that does not often inform mainstream accounts. Drawing on insights from Disability Legal Studies and other critical approaches... |
2023 |
|
| Anna Arons |
THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM |
100 Washington University Law Review 1057 (2023) |
Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... |
2023 |
|
| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
|
| Mariya Denisenko |
THE IMPACT OF GOVERNMENT SPONSORED SEGREGATION ON HEALTH INEQUITIES: ADDRESSING DEATH GAPS THROUGH REPARATIONS |
80 Washington and Lee Law Review 1687 (Fall, 2023) |
Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and... |
2023 |
Yes |
| Hailey Trawick |
THE LEGACY OF TRUST PROMISES: NATIVE AMERICAN HEALTHCARE |
25 Scholar: St. Mary's Law Review on Race and Social Justice 301 (2023) |
Introduction. 302 I. The Evolution of the Trust Doctrine. 306 A. Treaties. 307 B. Case Law. 308 C. The Snyder Act. 310 D. The Indian Health Care Improvement Act (IHCIA). 312 II. The Legal and Interpretive Follies Behind the Circuits Looking Beyond Statutory Trust Duties. 313 A. The Circuit Holdings. 314 1. The Ninth Circuit: Quechan Tribe of the... |
2023 |
Yes |
| Sonia M. Gipson Rankin |
THE MIDAS TOUCH: ATUAHENE'S "STATEGRAFT" AND UNREGULATED ARTIFICIAL INTELLIGENCE |
98 New York University Law Review Online 225 (April, 2023) |
Introduction. 225 I. Stategraft and the MIDAS Touch. 227 A. Software, Algorithms, and Artificial Intelligence. 227 B. The Creation of MiDAS. 228 1. Why did Michigan Implement MiDAS?. 228 2. How MiDAS Worked. 229 3. Mistakes in the Designing of MiDAS. 231 4. Federal and State Courts Address Due Process Violations Coded into MiDAS. 232 C. Decoding... |
2023 |
Yes |
| Brittany Carter |
THE PURCELL PRINCIPLE AND THE ANTIBLACKNESS OF CONSTITUTIONAL FUNDAMENTALISM |
72 American University Law Review 1601 (June, 2023) |
In Milligan v. Merrill, a district court in Alabama found that the state legislature designed Alabama's new congressional district map in a way that diminished Black political power, and ordered the legislature to redraw its map to remedy the violation. Two weeks later, the Supreme Court stayed the district court's order, allowing Alabama's... |
2023 |
Yes |
| Sarah J. Adams-Schoen |
THE WHITE SUPREMACIST STRUCTURE OF AMERICAN ZONING LAW |
88 Brooklyn Law Review 1225 (Summer, 2023) |
When I began this research project in the summer of 2021, those who lived in the predominantly Black neighborhood where I grew up -- Portland, Oregon's Cully neighborhood--experienced a catastrophic and unprecedented heat wave at temperatures as much as 25°F higher than those who lived in Portland's restrictive, amenity rich single-family... |
2023 |
Yes |
| Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman |
TITLE IX AND "MENSTRUATION OR RELATED CONDITIONS" |
30 Michigan Journal of Gender & Law 25 (2023) |
Title IX of the Education Amendments Act of 1972 (Title IX) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define sex to include discrimination on the basis of menstruation or related conditions such as perimenopause and... |
2023 |
Yes |
| Paul Diller |
TRAINING A PUBLIC ACCOMMODATIONS LENS ON VACCINE PASSPORTS |
27 Lewis & Clark Law Review 523 (2023) |
The Covid pandemic and the rise of smartphone technology enabled the use of vaccine passports--that is, a requirement to show proof of vaccination against Covid--on a scale unmatched before in human history. In the United States, many public accommodations such as restaurants, coffee shops, stadiums, and movie theaters required patrons to show... |
2023 |
Yes |