| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Jalila Jefferson-Bullock, Jelani Jefferson Exum |
THAT IS ENOUGH PUNISHMENT: SITUATING DEFUNDING THE POLICE WITHIN ANTIRACIST SENTENCING REFORM |
48 Fordham Urban Law Journal 625 (March, 2021) |
Introduction: Understanding Calls to Defund the Police. 626 I. Policing in the United States: Systemic Racism, Racial Trauma, and the Need to Rebuild Democracy. 631 A. U.S. Policing Is Systemically Racist. 632 i. The Racist Roots of Policing. 632 ii. Police Funding Is Systemically Racist. 633 B. Policing and Racial Trauma. 636 i. Background... |
2021 |
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| Tsedale M. Melaku |
THE AWAKENING: THE IMPACT OF COVID-19, RACIAL UPHEAVAL, AND POLITICAL POLARIZATION ON BLACK WOMEN LAWYERS |
89 Fordham Law Review 2519 (May, 2021) |
Concrete barriers have always played a significant role in preventing Black lawyers from reaching the coveted position of partner in law firms. These barriers include an inability to gain initial access of entry into firms, the lack of professional development and training, and being shut out of networking opportunities and sponsorship. Compounded... |
2021 |
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| Melia Thompson-Dudiak |
THE BLACK MATERNAL HEALTH CRISIS: HOW TO RIGHT A HARROWING HISTORY THROUGH JUDICIAL AND LEGISLATIVE REFORM |
14 DePaul Journal for Social Justice Just. 1 (Winter, 2021) |
I. INTRODUCTION. 2 II. AN OVERVIEW OF MATERNAL HEALTH IN AMERICA. 5 A. THE HISTORY OF MATERNAL HEALTH IN AMERICA. 5 B. THE CURRENT STATE OF MATERNAL HEALTH IN AMERICA. 10 C. THE TRAGIC EFFECTS OF SYSTEMIC INEQUITIES, IMPLICIT BIASES, AND INDIVIDUALIZED RACISM ON BLACK MOTHERS. 13 III. PRESCRIPTION. 17 A. REVITALIZING THE FOURTEENTH AMENDMENT'S... |
2021 |
Yes |
| Shawn “Pepper” Roussel |
THE CARROT IS THE STICK: FOOD AS A WEAPON OF SYSTEMIC OPPRESSION FOR BLACK CONSUMERS AND THE DISENFRANCHISEMENT OF BLACK FARMERS |
36 Journal of Environmental Law & Litigation 129 (2021) |
Introduction. 129 I. The Confidence of a Mediocre White Guy: Andrew Johnson's Tenure. 133 II. Making It Right: Freedmen's Bureau and Other Failed Experiments. 137 III. Refugees in Their Own Land: Black Americans. 139 IV. Name That Oppression: Food. 141 V. Colonizers Gonna Colonize: Native American Land Dispossession. 145 VI. There's No Such Thing... |
2021 |
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| Robert M. Bloom , Nina Labovich |
THE CHALLENGE OF DETERRING BAD POLICE BEHAVIOR: IMPLEMENTING REFORMS THAT HOLD POLICE ACCOUNTABLE |
71 Case Western Reserve Law Review 923 (Spring, 2021) |
Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary; however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines... |
2021 |
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| Mahnoor Yunus |
THE CHALLENGES IN HEALTH CARE FOR PREGNANT WOMEN IN U.S. CORRECTIONAL INSTITUTIONS |
19 Hastings Race and Poverty Law Journal 125 (Winter 2021) |
I. INTRODUCTION. 127 II. HEALTH NEEDS OF PREGNANT WOMEN. 128 III. PREGNANT WOMEN SUFFER HARSH CONDITIONS AND PRACTICES IN U.S. CORRECTIONAL INSTITUTIONS. 129 A. Overcrowding and Poor Sanitation. 129 B. Solitary Confinement. 131 C. Poor Access to Quality Health Care. 133 i. Prenatal Care. 133 ii. Shackling During Labor. 134 IV. WOMEN AND MINORITIES... |
2021 |
Yes |
| Suja A. Thomas |
THE CUSTOMER CASTE: LAWFUL DISCRIMINATION BY PUBLIC BUSINESSES |
109 California Law Review 141 (February, 2021) |
It is legal to follow and watch people in retail stores based on their race, give inferior service to restaurant customers based on their race, and place patrons in certain hotel rooms based on their race. Congress enacted Title II of the Civil Rights Act of 1964 to protect Black and other people of color from discrimination and segregation in... |
2021 |
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| Eddie Bernice Johnson , Lawrence J. Trautman |
THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA |
48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) |
During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... |
2021 |
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| Marco Martino |
THE EFFECTS OF RACIAL HEALTH DISPARITIES ON MATERNAL HEALTH AND INFANT BIRTH WEIGHT |
30 Annals of Health Law Advance Directive 191 (Spring, 2021) |
Maternal morbidity and mortality, and associated low infant birth rate remain among the most notable disparities in health between White Americans and African Americans. The staggering difference in maternal health and infant birth weight can be attributed to several factors, including differences in socio-economic statuses, access to prenatal... |
2021 |
Yes |
| Jeleesa Omala |
THE EMPTY PROMISES OF DIVERSITY MOU'S: HOW THE FCC CAN STRENGTHEN COMMITMENTS TO RACIAL EQUITY |
34 Journal of Civil Rights & Economic Development 387 (Summer, 2021) |
The need to diversify the media landscape, as dictated by the FCC and enacted by Comcast after the merger, ended up being a collection of empty promises. African Americans have been systematically disenfranchised from nearly all sectors of American society since the country's founding. As such, African Americans do not just perceive the problem... |
2021 |
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| William Breland |
THE EQUAL PROTECTION CURE: ATTACKING ALABAMA'S RURAL SANITATION CRISIS (AND ITS RESULTANT TROPICAL DISEASES OUTBREAK) AS AN INEQUITABLE DISTRIBUTION OF MUNICIPAL PROVISIONS |
34 Tulane Environmental Law Journal 247 (Summer, 2021) |
I. Introduction. 248 II. The Inequitable Provision of Municipal Services Constitutes a Violation of Equal Protection Due to Its Disparate Impact and Racially Discriminatory Intent. 252 A. Disparate Impact and Discriminatory Intent. 253 B. Purposeful Discrimination Challenges to the Inequitable Distribution of Municipal Services. 258 III.... |
2021 |
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| Gregory H. Shill |
THE FUTURE OF LAW AND TRANSPORTATION |
106 Iowa Law Review 2107 (July, 2021) |
Law has played a substantial yet largely uncredited role in shaping, and suppressing, transportation policy debates. Transportation involves tradeoffs and competition for resources--for example, the determination of whose homes are connected by highways and whose destroyed. But it also involves clashes between a particular vision of... |
2021 |
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| Ruben J. Garcia |
THE HUMAN RIGHT TO WORKPLACE SAFETY IN A PANDEMIC |
64 Washington University Journal of Law & Policy 113 (2021) |
The COVID-19 pandemic has presented unique challenges for immigrant workers many of whom occupy jobs most at risk in the pandemic: heath care, janitorial services, and mass transit. This Article encourages the extension of human rights instruments protecting health and safety in the workplace to all workers, particularly immigrant workers. Garcia... |
2021 |
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| Mirko Bagaric , Peter Isham , Jennifer Svilar |
THE INCREASED EXPOSURE TO CORONAVIRUS (COVID-19) FOR PRISONERS JUSTIFIES EARLY RELEASE: AND THE WIDER IMPLICATIONS OF THIS FOR SENTENCING-- REDUCING MOST PRISON TERMS DUE TO THE HARSH INCIDENTAL CONSEQUENCES OF PRISON |
48 Pepperdine Law Review 121 (January, 2021) |
The risk of coronavirus (COVID-19) spreading in prisons is especially acute. This has resulted in an unprecedented number of prisoners being released across the world--including many prisoners in the United States. From the health, social, and political perspectives, this is a sound approach. This is especially the situation in relation to older... |
2021 |
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| Mambwe Mutanuka |
THE INTERSECTION OF HEALTH POLICY AND IMMIGRATION: CONSEQUENCES OF IMMIGRANTS' FEAR OF ARRESTS IN U.S. HOSPITALS |
30 Annals of Health Law Advance Directive 217 (Spring, 2021) |
Immigrants comprise of almost fourteen percent of the total U.S. population. Despite being legally eligible to apply for numerous health-related services, many immigrants do not pursue conventional health care services. Language, literacy, stigma, and fear of deportation, are contributing factors that deter immigrants from enrolling in these... |
2021 |
Yes |
| Vincent M. Southerland |
THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM |
80 Maryland Law Review 487 (2021) |
A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... |
2021 |
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| Sam F. Halabi |
THE LEGAL STRUCTURE OF COVID-19 NURSING HOME DEATHS |
11 Wake Forest Journal of Law and Policy 569 (April, 2021) |
Although now a priority group for emergency use authorized COVID-19 vaccines, nursing home residents in the U.S. have borne by far the greatest burden of illness and death from the pandemic. Nearly 200,000 nursing home residents have died over the course of the pandemic, approximately forty percent of all U.S. deaths attributable to the virus. It... |
2021 |
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| Laura D. Hermer, J.D. LL.M. |
THE MEANS AND ENDS OF WELLNESS PROGRAMS |
23 Journal of Health Care Law and Policy 227 (2021) |
How far should we go in assigning individuals causal responsibility for their own health status and what should the implications of any such assignment be? After all, it seems intuitive that each of us is best positioned to maintain our own health, best understands the consequences of not doing so, and should therefore be held accountable for it.... |
2021 |
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| Dr. Angélica Guevara |
THE NEED TO REIMAGINE DISABILITY RIGHTS LAW BECAUSE THE MEDICAL MODEL OF DISABILITY FAILS US ALL |
2021 Wisconsin Law Review 269 (2021) |
All human beings are born free and equal in dignity and rights. --Universal Declaration of Human Rights, Article 1 Disability is not a personal problem, but rather a social reaction to natural human variation and susceptibility to life circumstances. Current disability antidiscrimination law has been ineffective in overcoming this misleading... |
2021 |
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| Rachel D. Godsil, Sarah E. Waldeck |
THE NEW TIPPING POINT: DISRUPTIVE POLITICS AND HABITUATING EQUALITY |
70 Emory Law Journal 1507 (2021) |
This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the disruptive politics... |
2021 |
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| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
Yes |
| Gregory S. Parks , Julia Doyle |
THE RAGE OF A PRIVILEGED CLASS |
89 Fordham Law Review 2541 (May, 2021) |
Being a lawyer is difficult. Both the training and practice are demanding. Even when compared to other stressful occupations and graduate or professional programs, the legal profession has consistently had some of the highest rates of major depressive disorders. A number of factors may contribute to these conditions, such as high occupational... |
2021 |
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| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
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| Mathilde Cohen |
THE RIGHT TO EXPRESS MILK |
33 Yale Journal of Law & Feminism 47 (2021) |
Breastfeeding in public has become more accepted, but milk expression--defined as removing milk from the breasts manually or using a breast pump--continues to be seen as a distasteful bodily function analogous to urination or sex, which should be confined to the private sphere. Few states explicitly exempt milk expression from their... |
2021 |
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| Carliss N. Chatman , Najarian R. Peters |
THE SOFT-SHOE AND SHUFFLE OF LAW SCHOOL HIRING COMMITTEE PRACTICES |
69 UCLA Law Review Discourse 2 (2021) |
The way to right wrongs is to turn the light of truth upon them. -Ida B. Wells It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use... |
2021 |
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| Zoe R. Feingold, Department of Psychology, Fordham University |
THE STIGMA OF INCARCERATION EXPERIENCE: A SYSTEMATIC REVIEW |
27 Psychology, Public Policy, and Law 550 (November, 2021) |
Individuals who have been incarcerated experience unparalleled health and economic disparities. Stigma, defined as a social phenomenon in which labeling, separation, and discrimination occur together in a power situation that allows them (Link & Phelan, 2001), may be a central cause of the social inequalities that formerly incarcerated persons face... |
2021 |
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| Michele Goodwin , Erwin Chemerinsky |
THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 |
169 University of Pennsylvania Law Review 313 (January, 2021) |
Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... |
2021 |
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| José Felipé Anderson |
THE URBAN TRAUMA DRAMA: THE INTERSECTING PATH OF CRIMINAL JUSTICE AND PUBLIC HEALTH REVEALED DURING THE COVID-19 PANDEMIC |
14 Saint Louis University Journal of Health Law & Policy 515 (2021) |
Our society often operates under the delusion that more incarceration in urban areas will make us safer. Crowded cities and the problems for its inhabitants are not new. Those problems often fall more heavily on minority groups. Failed education, healthcare unavailability, and a lack of decent housing have made it difficult for cities to cope with... |
2021 |
Yes |
| Priya Desai |
THE USE OF RACE IN MEDICAL ARTIFICIAL INTELLIGENCE |
21 University of Pittsburgh Journal of Technology Law and Policy 149 (Summer, 2021) |
Recently, the use of medical algorithms and machine learning (ML) in health care has flourished as the collection of mass health data has become more normalized. Also called black-box medicine, the use of artificial intelligence (AI) in medicine has led to medical innovation and efficiency. The goal of this technology is to improve the health... |
2021 |
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| Ann E. Tweedy |
THE VALIDITY OF TRIBAL CHECKPOINTS IN SOUTH DAKOTA TO CURB THE SPREAD OF COVID-19 |
2021 University of Chicago Legal Forum 233 (2021) |
This Article examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb a pandemic may enact stronger protections for their own citizens and territories. Specifically, may they do so, even when enforcement of the tribes' protections causes inconvenience to those simply... |
2021 |
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