| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Troy A. Rule |
TOWARD A MORE STRATEGIC NATIONAL STOCKPILE |
9 Texas A&M Law Review 49 (Fall, 2021) |
The COVID-19 pandemic exposed major deficiencies in the United States' approach to stockpiling for emergencies. States, cities, and hospitals across the country had meager inventories of critical medical items on hand when the pandemic first reached U.S. soil, and the federal government's Strategic National Stockpile proved far too small to serve... |
2021 |
|
| Hernández-López |
TRADE WAR, PPE, AND RACE |
16 Northwestern Journal of Law & Social Policy 43 (Spring, 2021) |
Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID's... |
2021 |
|
| Dr. Vicki Huang |
TRADEMARKS, RACE AND SLUR-APPROPRIATION: AN INTERDISCIPLINARY AND EMPIRICAL STUDY |
2021 University of Illinois Law Review 1605 (2021) |
The Supreme Court decision in Matal v. Tam sparked global controversy by striking down the proscriptions against registering racist slurs as trademarks. This Article investigates the impact of the case in two ways. First, by using scholarship from the social sciences, this Article examines the limits to the argument that racial slur-appropriation... |
2021 |
|
| Rose Gilroy, Meredith Johnson, Rachel Keirstead, Kelley Kling, Elizabeth McGuire, Shea O'Meara, Fulton Wald, Katie Wiese, Ricky Yeager, Melissa Zubizarreta |
TRANSGENDER RIGHTS AND ISSUES |
22 Georgetown Journal of Gender and the Law 417 (Annual Review 2021) |
I. Introduction. 418 II. Workplace Discrimination Based on Gender Identity. 420 A. Federal Law on Employment Discrimination and the United States Military. 420 1. Federal Laws on Employment Discrimination Against Transgender People. 421 2. Discrimination Against Transgender People in the United States Military. 426 B. State Laws on Employment... |
2021 |
|
| Deborah N. Archer |
TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES |
106 Iowa Law Review 2125 (July, 2021) |
Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... |
2021 |
|
| Deborah N. Archer |
TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES |
30 Journal of Affordable Housing & Community Development Law 253 (2021) |
Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... |
2021 |
|
| E. Christi Cunningham |
TRAUMATIZED SYSTEMS THEORY: ACCOUNTABILITY FOR RECURRENT SYSTEMIC HARM |
71 Case Western Reserve Law Review 987 (Spring, 2021) |
C1-2Contents Introduction. 988 I. Recurrent Systemic Harm. 991 A. Defining Systems. 991 B. Examples of Recurrent Systemic Harm. 995 1. Corporate Risk-Taking. 995 2. Systemic Racism. 996 3. Artificial Intelligence. 997 II. Trauma and Trauma Response. 998 A. Trauma. 998 B. Perpetrator Trauma: Trauma to Those who Inflict Trauma. 1002 C. Trauma... |
2021 |
|
| Teneille R. Brown |
TREATING ADDICTION IN THE CLINIC, NOT THE COURTROOM: USING NEUROSCIENCE AND GENETICS TO ABANDON THE FAILED WAR ON DRUGS |
54 Indiana Law Review 29 (2021) |
The opioid addiction epidemic has been one of the most overwhelming public health crises our country has faced. It has also created a legal crisis, as its aftermath spills over into the criminal, civil, and family courts. One estimate puts its cost to the U.S. economy at over $500 billion in 2015. More than a hundred people die every day from an... |
2021 |
|
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
|
| Sam Erman |
TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 |
130 Yale Law Journal 1188 (March, 2021) |
In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... |
2021 |
|
| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
Yes |
| Riyad A. Omar |
UNABASHED BIAS: HOW HEALTH-CARE ORGANIZATIONS CAN SIGNIFICANTLY REDUCE BIAS IN THE FACE OF UNACCOUNTABLE AI |
98 Denver Law Review 807 (Summer, 2021) |
In late 2019, researchers reported evidence of significant racial bias in a health-care cost-prediction algorithm that impacted tens of millions of Americans. The researchers diagnosed the problem as likely arising from the development of that algorithm. The manufacturer of the algorithm, however, touted the accuracy of the algorithm for its... |
2021 |
Yes |
| Paula M. Neira , An Na Lee |
UNDER ATTACK: TRANSGENDER HEALTH IN 2020 |
24 Journal of Health Care Law and Policy 109 (2021) |
Anxiety. Fear. Frustration. These words described 2020 for most people. However, for transgender and gender-diverse people (TGD), who have endured health disparities and inequity prior to the onset of the COVID-19 global pandemic, these feelings were amplified. The 21 century's second decade promised hopeful progress in advancing TGD people's... |
2021 |
Yes |
| Adam Cohen, Dan Goodman, Ben Meyer, Krystle Okafor, Mark Phillip, Bobby Pidgeon, Kyle Slominkski, Moriah Wilkins |
UNDER ONE ROOF: BUILDING AN ABOLITIONIST APPROACH TO HOUSING JUSTICE |
30 Journal of Affordable Housing & Community Development Law 121 (2021) |
This essay is based on the premise that, despite recent nationwide protests for racial justice and enhanced attention to the long-standing discrimination in housing finance, policymaking, and planning, housing policy in the United States nevertheless remains technocratic and incrementalist. In response, the authors invite policymakers to look to... |
2021 |
|
| Allison M. Whelan |
UNEQUAL REPRESENTATION: WOMEN IN CLINICAL RESEARCH |
106 Cornell Law Review Online 87 (April, 2021) |
Introduction. 87 I. Historical Background. 89 A. Women's Underrepresentation in Clinical Research. 89 B. Women of Color as Unknowing or Unwilling Participants in Clinical Research. 94 1. James Marion Sims: The Father of Modern Gynecology. 95 2. Puerto Rico Contraception Trials. 97 3. Goldzieher Oral Contraceptive Study. 98 4. Henrietta Lacks. 99... |
2021 |
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| Sahar Takshi |
UNEXPECTED INEQUALITY: DISPARATE-IMPACT FROM ARTIFICIAL INTELLIGENCE IN HEALTHCARE DECISIONS |
34 Journal of Law and Health 215 (4/28/2021) |
Systemic discrimination in healthcare plagues marginalized groups. Physicians incorrectly view people of color as having high pain tolerance, leading to undertreatment. Women with disabilities are often undiagnosed because their symptoms are dismissed. Low-income patients have less access to appropriate treatment. These patterns, and others,... |
2021 |
Yes |
| Angela C. Winfield, J.D. |
UPENDING "NORMAL": TOWARD AN INTEGRATED AND INTERSECTIONAL APPROACH TO DIVERSITY, EQUITY, AND INCLUSION IN THE LEGAL PROFESSION: COMMENT ON BLANCK, HYSENI, AND ALTUNKOL WISE'S NATIONAL STUDY OF THE LEGAL PROFESSION |
47 American Journal of Law & Medicine 100 (2021) |
Diversity, equity, and inclusion (DEI) in the workplace is a complex issue at any time and in any organization. However, in this time of great upheaval-- COVID-19, a renewed racial reckoning in the United States, and increased climate consciousness and social justice awareness--profound issues about work and the role of organizations are being... |
2021 |
|
| Leanne Jossund |
USING MHEALTH TO CLOSE RACIAL AND ETHNIC HEALTH CARE DISPARITIES: PROPOSALS FOR INDIANA |
30 Annals of Health Law Advance Directive 137 (Spring, 2021) |
Mobile health technology, also known as mHealth, refers to a vast array of wireless devices and technologies, including mobile phones. With smart watches and cellular devices being more widely available than before, there are additional means by which the average lay person can become actively involved in their health care. Blood glucose monitors,... |
2021 |
Yes |
| James G. Hodge, Jr. , Jennifer L. Piatt , Leila F. Barraza , Rebecca Freed , Summer Ghaith |
VACCINATING URBAN POPULATIONS IN RESPONSE TO COVID-19: LEGAL CHALLENGES AND OPTIONS |
49 Fordham Urban Law Journal L.J. 1 (November, 2021) |
The real-time development of multiple, efficacious vaccines through federal alliances with U.S.-based pharmaceutical companies via Operation Warp Speed during the COVID-19 pandemic is a shining achievement. The health and safety of U.S. residents rely on a national vaccine campaign led by the Biden Administration seeking to rapidly achieve herd... |
2021 |
|
| Kristen Underhill, Olatunde C.A. Johnson |
VACCINATION EQUITY BY DESIGN |
131 Yale Law Journal Forum 53 (9/18/2021) |
This Essay examines how states' initial COVID-19 vaccine-distribution strategies tended to disadvantage populations of color, including Black, Latinx, and Native American communities. These dynamics resonate with inverse equity effects of other public-health innovations. We argue for a federal regulatory framework to reduce... |
2021 |
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| |
VI. PRISONERS' RIGHTS |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
2021 |
|
| Hayden Johnson |
VOTE DENIAL AND DEFENSE: REAFFIRMING THE CONSTITUTIONALITY OF SECTION 2 OF THE VOTING RIGHTS ACT |
39 Minnesota Journal of Law & Inequality 47 (Winter, 2021) |
Election law advocates and scholars have revered the Voting Rights Act (VRA) as holding super-statute status. But the Supreme Court in Shelby County v. Holder rattled this view after it ruled that a core provision of the statute was unconstitutional. Since then, jurisdictions nationwide have increasingly enacted so-called vote denial laws,... |
2021 |
|
| Arline T. Geronimus, ScD |
WEATHERING THE PANDEMIC: DYING OLD AT A YOUNG AGE FROM PRE-EXISTING RACIST CONDITIONS |
27 Washington and Lee Journal of Civil Rights and Social Justice 409 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 410 A. What Is Weathering from a Biological Mechanistic Perspective?. 413 B. Weathering Populations and the Pandemic. 425 II. Distinction Between the Constructs of Weathering vs. Pre-Existing Medical Conditions. 430 A. Legal Applications of Weathering Knowledge in the Pandemic. 435 III. Conclusion. 440 |
2021 |
|
| Robin R. Runge |
WHAT A FEMINIST INTERNATIONAL LABOR STANDARD CAN TEACH THE U.S. ABOUT ADDRESSING SEXUAL HARASSMENT IN THE WORKPLACE |
59 University of Louisville Law Review 453 (Summer, 2021) |
In June 2019, the International Labor Organization adopted Convention 190 and Recommendation 206 concerning the elimination of violence and harassment in the world of work, including gender-based violence and harassment. International Labor Convention 190 is the first binding international labor standard to comprehensively address these abuses in... |
2021 |
|
| Brianna D. Gaddy |
WHAT'S HAIR GOT TO DO WITH IT?: HOW SCHOOL HAIR POLICIES VIOLATE THE UNITED STATES CONSTITUTION |
6 ALR Accord 155 (3/31/2021) |
Introduction. 156 I. Background. 158 A. Discriminatory Hair Policies. 158 II. Analysis. 160 A. History of Black Hair in the United States. 160 B. Data on School Discipline. 163 C. Combatting Discriminatory School Hair Policies Through State and Federal Action. 165 1. CROWN Act. 165 2. Title VI of the Civil Rights Act. 170 III. Recommendations. 171... |
2021 |
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| Tuneen E. Chisolm |
WHEN RIGHTEOUSNESS FAILS: THE NEW INCENTIVE FOR REPARATIONS FOR SLAVERY AND ITS CONTINUING AFTERMATH IN THE UNITED STATES |
24 University of Pennsylvania Journal of Law and Social Change 195 (2021) |
Starting from the well-established premise that reparations for African Americans are justified and required to provide redress for race-based social and systemic ills, this Article examines the United States' compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), not only as... |
2021 |
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| Elena Schiefele |
WHEN STATUTORY INTERPRETATION BECOMES PRECEDENT: WHY INDIVIDUAL RIGHTS ADVOCATES SHOULDN'T BE SO QUICK TO PRAISE BOSTOCK |
78 Washington and Lee Law Review 1105 (Summer, 2021) |
Justice Neil Gorsuch's approach to textualism, which this Note will call muscular textualism, is unique. Most notably exemplified in Bostock v. Clayton County, muscular textualism is marked by its rigorous adherence to what Justice Gorsuch perceives to be the plain language of the text. Because Justice Gorsuch's opinions exemplify muscular... |
2021 |
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| Meera E. Deo |
WHY BIPOC FAILS |
107 Virginia Law Review Online 115 (June, 2021) |
Racial tensions have been endemic to the U.S. since its founding. In 2020, this racial conflict bubbled over into the streets as those supporting Black Lives Matter and opposing a long history of racist police violence congregated to demand justice. Last year and still now, the global pandemic has placed additional stress on communities of color,... |
2021 |
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| Samantha Bent Weber, Dawn Pepin |
WHY LAW IS A DETERMINANT OF HEALTH |
50 Stetson Law Review 401 (Spring, 2021) |
There is a growing recognition of the connection between the law and population health, not only in public health practice but in the practice of law. Legal practice generally focuses on how laws impact an individual client; however, laws and their implementation have broader implications for population health outcomes. This is particularly true... |
2021 |
yes |
| Kim Forde-Mazrui |
WHY THE EQUAL RIGHTS AMENDMENT WOULD ENDANGER WOMEN'S EQUALITY: LESSONS FROM COLORBLIND CONSTITUTIONALISM |
16 Duke Journal of Constitutional Law & Public Policy Pol'y 1 (Spring, 2021) |
The purpose of the Equal Rights Amendment (ERA) to those who drafted it and those who worked for nearly a century to see it ratified, is women's equality. The ERA may be on the cusp of ratification depending on congressional action and potential litigation. Its supporters continue to believe the ERA would advance women's equality. Their belief,... |
2021 |
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