| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Thalia González , Rebecca Epstein , Claire Krelitz , Rhea Shinde |
RESTORATIVE JUSTICE, SCHOOL REOPENINGS, AND EDUCATIONAL EQUITY: A CONTEMPORARY MAPPING AND ANALYSIS OF STATE LAW |
55 U.C. Davis Law Review Online 43 (September, 2021) |
The opportunity to use restorative justice practices to address structural inequalities and reimagine school structures has become increasingly important in the wake of twin social and public health pandemics. As research-based restorative practices continue to grow across the country with the aim of fostering supportive, safe, and anti-racist... |
2021 |
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| Michael P. Seng |
RESTORATIVE JUSTICE: A MODEL FOR CONCILIATING FAIR HOUSING DISPUTES |
21 Journal of Law in Society 63 (Winter, 2021) |
63 Introduction. 64 I. The challenge posed by housing discrimination and the task of removing the effects of segregation. 66 II. The Fair Housing Act Has Broad Remedial Powers. 72 III. Conciliation as a preferred means of resolving fair housing disputes. 78 IV. Restorative justice as a means of conciliating disputes under the Fair Housing... |
2021 |
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| Elizabeth Edwards , David Machledt , Jennifer Lav |
RETAINING MEDICAID COVID-19 CHANGES TO SUPPORT COMMUNITY LIVING |
14 Saint Louis University Journal of Health Law & Policy 391 (2021) |
The impact of COVID-19 on people with disabilities in institutional settings, like nursing facilities, has garnered significant attention. But people receiving comparable services in the community have also been affected significantly. States used several emergency authorities in efforts to facilitate access to and stabilize these Medicaid home and... |
2021 |
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| Rachael E. Salcido |
RETOOLING ENVIRONMENTAL JUSTICE |
39 UCLA Journal of Environmental Law & Policy 1 (2021) |
This Article responds to environmental justice arguments that undermine, rather than safeguard, health and environmental quality for low-income and minority populations. Efforts by scholars and practitioners to clearly define environmental injustice to facilitate use of racial discrimination legal frameworks have had minimal success and are... |
2021 |
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| Jonathan Andrew Perez |
RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM |
24 Journal of Gender, Race and Justice 87 (Spring, 2021) |
I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... |
2021 |
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| Melissa Ballengee Alexander |
RURAL HEALTH INEQUITY AND THE AIR AMBULANCE ABYSS: TIME TO TRY A COORDINATED, ALL-PAYER SYSTEM |
21 Wyoming Law Review 97 (2021) |
I. Introduction. 99 II. Air Ambulance Problems: An Extreme Form of Payment Challenges Facing the United States Healthcare System, with Narrow Network, Cost-Shifting, Preemption, and Cost and Supply Market Twists. 104 A. Air Ambulance Services Provide Essential, Life-Saving Care. 104 B. Air Ambulance Costs are Already Astronomical and Continue to... |
2021 |
Yes |
| Miriam F. Weismann, Cheryl Holder |
RUTHLESS UTILITARIANISM? COVID-19 STATE TRIAGE PROTOCOLS MAY SUBJECT PATIENTS TO RACIAL DISCRIMINATION AND PROVIDERS TO LEGAL LIABILITY |
47 American Journal of Law & Medicine 264 (2021) |
Key Words: coronavirus; discrimination; rationing; facially neutral standards; triage protocols; crisis standards of care As the coronavirus pandemic intensified, many communities in the United States experienced shortages of ventilators, intensive care beds, and other medical supplies and treatments. Currently, there is no single national response... |
2021 |
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| Preston C. Green III , Bruce D. Baker , Joseph O. Oluwole |
SCHOOL FINANCE, RACE, AND REPARATIONS |
27 Washington and Lee Journal of Civil Rights and Social Justice 483 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 484 II. Part I: Separate-But-Equal Era. 486 III. Part II: Black-White School Funding Disparities in the Aftermath of Brown. 490 A. Property Taxes. 491 B. Insufficient General State Aid. 494 C. Stealth Inequalities. 495 IV. Part III: School Desegregation Litigation. 496 A. Hobson v. Hansen. 497 B. Milliken v.... |
2021 |
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| Thalia González , Emma Kaeser |
SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE |
74 SMU Law Review Forum 118 (August, 2021) |
Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... |
2021 |
Yes |
| Elizabeth Kukura |
SEEKING SAFETY WHILE GIVING BIRTH DURING THE PANDEMIC |
14 Saint Louis University Journal of Health Law & Policy 279 (2021) |
As COVID-19 spread throughout the United States in early 2020, many pregnant people sought alternatives to delivering in a hospital. Midwifery practices offering services at home or in a freestanding birth center reported record numbers of inquiries, including from people looking to transfer care near the end of pregnancy. Whether due to fear of... |
2021 |
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| Priya Baskaran |
SERVICE, SCHOLARSHIP, AND RADICAL CITATION PRACTICE |
73 Rutgers University Law Review 891 (Spring, 2021) |
C1-3Table of Contents I. Introduction. 891 II. Invisible and Unrewarded Service Burdens. 895 A. PoC Lunches--Creating Counter Space. 896 B. Informal Mentoring of Students. 898 III. Scholarship Promotion & Critical Legal Research. 902 A. Time is NOT on Your Side. 902 B. The Legal Scholarship Hegemony. 903 C. The Politics of Citation. 905 D. A Path... |
2021 |
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| Emily A. Benfer , James Bhandary-Alexander , Yael Cannon , Medha D. Makhlouf , Tomar Pierson-Brown |
SETTING THE HEALTH JUSTICE AGENDA: ADDRESSING HEALTH INEQUITY & INJUSTICE IN THE POST-PANDEMIC CLINIC |
28 Clinical Law Review 45 (Fall, 2021) |
The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States--including in access to justice,... |
2021 |
Yes |
| Amy Post , Ashley Stephens , Valarie Blake |
SEX DISCRIMINATION IN HEALTHCARE: SECTION 1557 AND LGBTQ RIGHTS AFTER BOSTOCK |
11 California Law Review Online 545 (January, 2021) |
Introduction. 545 I. Section 1557 and the 2016 Rule. 547 A. The 2016 Rule's Definition of Sex Discrimination. 547 B. Franciscan Alliance: Texas Case Puts Obama Rule on Hold. 549 II. The 2020 Rule and Bostock. 549 A. The 2020 Rule and Sex Discrimination. 549 B. Bostock v. Clayton Co.. 550 III. Legal Challenges to the 2020 Rule Post-Bostock. 551 IV.... |
2021 |
Yes |
| Courtney K. Cross |
SEX, CRIME, AND SEROSTATUS |
78 Washington and Lee Law Review 71 (Winter, 2021) |
The HIV crisis in the United States is far from over. The confluence of widespread opioid usage, high rates of HIV infection, and rapidly shrinking rural medical infrastructure has created a public health powder keg across the American South. Yet few states have responded to this grim reality by expanding social and medical services. Instead,... |
2021 |
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| Theresa Glennon , Alexis Fennell , Kaylin Hawkins , Madison McNulty |
SHELTER FROM THE STORM: HUMAN RIGHTS PROTECTIONS FOR SINGLE-MOTHER FAMILIES IN THE TIME OF COVID-19 |
27 William and Mary Journal of Race, Gender, and Social Justice 635 (Spring, 2021) |
Introduction I. At the Wave's Edge: Single-Mother Families Before and After COVID-19 A. Single Mothers and Their Early COVID-19 Experiences B. When the Tidal Wave Rolls In: Exposing Disparities in Employment, Income and Wealth 1. COVID-19 Unemployment and Financial Insecurity 2. Unemployment Due to Limited Child Care 3. Unpredictable Government... |
2021 |
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| Teneille R. Brown , Leslie P. Francis , James Tabery |
SHOULD WE DISCRIMINATE AMONG DISCRIMINATIONS? |
14 Saint Louis University Journal of Health Law & Policy 359 (2021) |
The COVID-19 pandemic has demonstrated the complexities of rationing needed health care in a pandemic. It has also revealed deep, structural inequities in health care systems and societies, with certain disadvantaged groups experiencing alarmingly disproportionate rates of infection. A number of anti-discrimination statutes exist to ameliorate some... |
2021 |
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| Paula Tsurutani, Freelance Writer and Editor |
SILENCE IS NOT AN OPTION |
40 No. 7 Legal Management 17 (July/August, 2021) |
Your role in driving more meaningful change to confront racial disparities in the workplace. The last 18 months have exposed racialized events and disparities--from the murder of George Floyd and health inequities laid bare by the pandemic to anti-Asian attacks and police violence--in a way that nobody could ignore. These events have moved legal... |
2021 |
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| R.A. Lenhardt , Kimani Paul-Emile |
SKIMMED MILK: REFLECTIONS ON RACE, HEALTH, AND WHAT FAMILIES TELL US ABOUT STRUCTURAL RACISM |
57 California Western Law Review 231 (Spring, 2021) |
Andrea Freeman's excellent book, Skimmed: Breastfeeding, Race, and Injustice, offers a complex and nuanced account of the racial politics of breastfeeding and the problem of food insecurity more broadly. Freeman analyzes these issues through the lens of the Fultz family, whose quadruplet daughters sit at the center the book. Weaving together... |
2021 |
Yes |
| Andrea Freeman |
SKIMMED REVISITED |
57 California Western Law Review 331 (Spring, 2021) |
I did not get the chance to visit Reidsville, North Carolina, until after I submitted the last edits on Skimmed. Within minutes of setting foot in the town, I understood how such a terrible thing could have happened to the Fultz sisters there, in their birthplace. My first stop was Annie Penn Memorial Hospital (now Cone Health), where Annie Mae... |
2021 |
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| Olympia Duhart |
SOCIAL DISTANCING AS A PRIVILEGE: ASSESSING THE IMPACT OF STRUCTURAL DISPARITIES ON THE COVID-19 CRISIS IN THE BLACK COMMUNITY |
37 Georgia State University Law Review 1305 (Summer, 2021) |
There is a harsh reality for people living with the COVID-19 restrictions in the same city. Though the virus has been called an equal opportunity threat, the truth is that it has had a deadly, disproportionate impact on Black and Brown people. The COVID-19 pandemic has crushed communities of color. Among Black Americans, who make up around 13% of... |
2021 |
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| Paula Tsurutani, Freelance Writer and Editor |
SOCIAL IMPACT |
40 No. 1 Legal Management 15 (January, 2021) |
One legacy of 2020 may be how legal organizations shift their focus more on social responsibility. A public health crisis. Widespread civil unrest. Calls for social justice and systemic change. This backdrop of tensions over the past several months has prompted an examination of social responsibility commitments among many law firms. As the public... |
2021 |
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| Stephen S. Hanson |
SOCIAL JUSTICE AS A NECESSARY GUIDE TO PUBLIC HEALTH DISASTER RESPONSE |
23 Journal of Health Care Law and Policy 255 (2021) |
The U.S. has no clear federal policy for how scarce medical resources are to be distributed, particularly in disasters or cases of similar urgency. This partly comes from being insulated from the impacts of many potential disasters by wealth and other factors but also comes from a historical unwillingness to make difficult medical ethical decisions... |
2021 |
Yes |
| Larisa Antonisse |
STRENGTHENING THE RIGHT TO MEDICAID HOME AND COMMUNITY-BASED SERVICES IN THE POST-COVID ERA |
121 Columbia Law Review 1801 (October, 2021) |
The COVID-19 pandemic has laid bare the severe public health danger that institutional and congregate care settings pose to people with disabilities, older adults, and the care professionals who work in those settings. While the populations residing in congregate care settings are naturally more susceptible to the virus, the COVID-19 crisis in... |
2021 |
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| Allison de Corral , Sherri DeVito , Keith Emmons , Rick Hindmand , Nick Kurk , Leonard Nelson , Jacob Radecki , Juliet Sorensen , Alexandra Tarzikhan |
SURVEY OF ILLINOIS LAW: HEALTH CARE LAW |
45 Southern Illinois University Law Journal 611 (Summer, 2021) |
Health care remains among the most active and diverse fields in law. This year's Survey reviews significant issues in state and federal health care law with respect to Illinois statutory and regulatory health care professional practice changes, the proposed Illinois Physician Orders for Life-Sustaining Treatment (POLST) Registry, the multiple... |
2021 |
Yes |
| Courtney Lauren Anderson |
SURVIVING GENTRIFICATION AND SEGREGATION |
18 Indiana Health Law Review 283 (2021) |
The connection between health and housing cannot be overstated. Highlighting the health disparities caused by both illegal and legal housing laws and policies is an important part of understanding how environmental factors affect health, as well as advocating for the law to be used to mitigate health disparities rather than to worsen them. Past... |
2021 |
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| Ruqaiijah Yearby , Seema Mohapatra |
SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 |
70 Emory Law Journal 1419 (2021) |
During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... |
2021 |
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| Govind Persad |
TAILORING PUBLIC HEALTH POLICIES |
47 American Journal of Law & Medicine 176 (2021) |
In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one's home. These policies often focus on specific activities or groups, rather than imposing the same limits... |
2021 |
Yes |
| Leslie Book |
TAX ADMINISTRATION AND RACIAL JUSTICE: THE ILLEGAL DENIAL OF TAX-BASED PANDEMIC RELIEF TO THE NATION'S INCARCERATED POPULATION |
72 South Carolina Law Review 667 (Spring, 2021) |
I. Introduction. 667 II. The Litigation over the IRS Policy. 677 A. The District Court Finds the IRS's Actions Illegal. 677 B. Getting Prisoners the Money: Implementation Issues. 681 III. The Harmful Impact of the IRS's Policy of Denying Benefits to the Incarcerated. 684 IV. How the Concept of Racialized Burdens Gives Deeper Meaning to the IRS's... |
2021 |
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| Jordan M. Wayburn |
TAXATION AND RACIAL INJUSTICE IN SOUTH CAROLINA |
72 South Carolina Law Review 847 (Spring, 2021) |
I. Introduction. 847 II. South Carolina's Story: The Problem. 850 A. Racial Animus: The South Carolina Constitution of 1895 and Disenfranchisement by Taxation. 851 1. Literacy Tests and the Property Tax Exemption. 853 2. The Poll Tax. 857 B. Abuse of Demographic Differences: South Carolina Public School Desegregation and Funding. 858 C. Facially... |
2021 |
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| Sha-Shana Crichton |
TEACHING IN THE TIME OF DISRUPTION: A CASE FOR EMPATHY AND HONORING DIVERSITY |
25 Legal Writing: The Journal of the Legal Writing Institute 4 (2021) |
The nationwide protests sparked by the heinous murder of George Floyd at the hands of police officers have spoken volumes about the frustration of persons of all races regarding persistent racial injustices and the lack of accountability for the frequent killing of unarmed persons of color by police officers and ordinary citizens alike. Media... |
2021 |
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