| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Daniel P. Suitor |
WINNING WHAT'S OWED: A LITIGATIVE APPROACH TO REPARATIONS |
105 Minnesota Law Review Headnotes 391 (Spring, 2021) |
Centuries of enslaved Black labor built the United States into a society and economy that prospers to this day. Slavery was intrinsically tied to the production of early America's two most important exports, tobacco and cotton. Enslaved people themselves were considered so economically valuable that their persons were used to collateralize... |
2021 |
|
| Michele Goodwin |
WOMEN ON THE FRONTLINES |
106 Cornell Law Review 851 (May, 2021) |
This Article takes aim at the troubling and persistent disempowerment and invisibility of women generally, and particularly marginalized women of color even one hundred years after the ratification of the Nineteenth Amendment. It observes how the persistence of sexism, toxically combined with racism, impedes full political, economic, and social... |
2021 |
|
| Tasnim Motala |
WORDS STILL WOUND: IIED & EVOLVING ATTITUDES TOWARD RACIST SPEECH |
56 Harvard Civil Rights-Civil Liberties Law Review 115 (Winter, 2021) |
C1-3Table of Contents R1-2Introduction . L3116 I. Racial Insults: A Harm Without a Remedy. 119 A. Dignitary Harms. 120 B. Psychological Harms. 122 C. Societal Harms. 125 II. Responses to Racial Insults. 126 A. Societal Responses to Racial Insults. 126 B. Legal Responses to Racial Insults. 130 1. Human Rights Commissions. 130 2. Criminal Law. 132... |
2021 |
|
| Matiangai Sirleaf |
"I CAN'T BREATHE": CONNECTING COVID-19, PROTESTS, AND GLOBAL HEALTH |
114 American Society of International Law Proceedings 373 (June 25-26, 2020) |
doi:10.1017/amp.2021.70 COVID-19 has exposed the underlying racial hierarchy in the United States and elsewhere. Tragically, one study indicates that Black and Latinx people have COVID-19 mortality rates as much as nine times higher than White people in the United States when age is taken into account. Several commentators have attempted to account... |
2020 |
Yes |
| Elizabeth D. Katz |
"RACIAL AND RELIGIOUS DEMOCRACY": IDENTITY AND EQUALITY IN MIDCENTURY COURTS |
72 Stanford Law Review 1467 (June, 2020) |
Abstract. In our current political moment, discrimination against minority racial and religious groups routinely makes headlines. Though some press coverage of these occurrences acknowledges parallels and links between racial and religious prejudices, these intersections remain undertheorized in legal and historical scholarship. Because scholars... |
2020 |
|
| Deborah N. Archer |
"WHITE MEN'S ROADS THROUGH BLACK MEN'S HOMES": ADVANCING RACIAL EQUITY THROUGH HIGHWAY RECONSTRUCTION |
73 Vanderbilt Law Review 1259 (October, 2020) |
Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation's interstate highway system. In states around the country, highway construction displaced Black households and... |
2020 |
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| Ambria D. Mahomes |
"YOU SHOULD HAVE SAID SOMETHING:" EXPLORING THE WAYS THAT HISTORY, IMPLICIT BIAS, AND STEREOTYPES INFORM THE CURRENT TRENDS OF BLACK WOMEN DYING IN CHILDBIRTH |
55 University of San Francisco Law Review 17 (2020) |
ON SEPTEMBER 1, 2017, TENNIS SUPERSTAR Serena Williams gave birth to her first child, a daughter, Alexis Olympia Ohanian Jr. The day after giving birth, she had trouble breathing so she assumed she was having a pulmonary embolism. She alerted a nurse, but the nurse suggested that perhaps her pain medication had left her confused. Ms. Williams knew... |
2020 |
|
| Kaimipono David Wenger |
1200 DOLLARS AND A MULE: COVID-19, THE CARES ACT, AND REPARATIONS FOR SLAVERY |
68 UCLA Law Review Discourse 204 (2020) |
The COVID-19 pandemic casts into sharp relief a number of questions relating to reparations. In particular, the COVID-19 crisis highlights the medical vulnerability of the Black community, illustrating the very real physical harm caused by slavery and racism in the United States. At the same time, government responses to the crisis demonstrate the... |
2020 |
|
| Raminta Kizyte |
A CASE AGAINST MEDICAID WORK REQUIREMENTS FOR PRISONERS RE-ENTERING SOCIETY |
29 Annals of Health Law Advance Directive 219 (Fall, 2020) |
When Medicaid was signed into law it was designed to be a joint federal-state program to help lower income individuals obtain affordable medical coverage. States have significant flexibility in a way they design their Medicaid programs. For example, by using Section 1115 Demonstration Waivers, states can create experimental, pilot, or... |
2020 |
|
| Michael R. Ulrich |
A PUBLIC HEALTH LAW PATH FOR SECOND AMENDMENT JURISPRUDENCE |
71 Hastings Law Journal 1053 (May, 2020) |
The two landmark gun rights cases, District of Columbia v. Heller and McDonald v. City of Chicago, came down in 2008 and 2010, respectively. In the decade that has followed, two things have become abundantly clear. First, these cases provide little clarity about the nature and scope of Second Amendment rights, resulting in chaos and circuit splits... |
2020 |
Yes |
| Brandon Hasbrouck |
ABOLISHING RACIST POLICING WITH THE THIRTEENTH AMENDMENT |
68 UCLA Law Review Discourse 200 (2020) |
Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the Constitution itself. But a string of U.S. Supreme Court rulings involving the Thirteenth... |
2020 |
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| Adjoa Aiyetoro |
ACHIEVING REPARATIONS WHILE RESPECTING OUR DIFFERENCES: A MODEL FOR BLACK REPARATIONS |
63 Howard Law Journal 329 (Spring, 2020) |
On October 29, 2019, I participated on a panel of reparation scholars as a part of the Howard University School of Law's Branton Symposium. The panel was asked to focus on Roy L. Brooks' second edition of his book entitled Atonement and Forgiveness: A New Model for Black Reparations, which was originally published in 2004 and was forthcoming at... |
2020 |
|
| Amy T. Campbell |
ADDRESSING THE COMMUNITY TRAUMA OF INEQUITY HOLISTICALLY: THE HEAD AND THE HEART BEHIND STRUCTURAL INTERVENTIONS |
98 Denver Law Review 1 (Fall, 2020) |
Childhood trauma--or toxic stress--presents potential lifelong consequences on health and well-being and on family and neighborhood stability. The consequences of childhood trauma are grave, but recent research highlights the value of early intervention in addressing childhood trauma. As a result, calls for trauma-informed practices and programs... |
2020 |
|
| Kate Miller, Sarah Hess |
ADVANCING HEALTH EQUITY: ANSWERS ARE WITHIN REACH |
34-OCT CBA Record 25 (September/October, 2020) |
Ms. Diaz is a grandmother and an essential worker at a hospital. Just before the Covid-19 pandemic, she took temporary guardianship of her two granddaughters, both with serious health conditions. To provide for them, Ms. Diaz had to keep her job even during the pandemic, and needed additional funds for their support. She applied for childcare and... |
2020 |
Yes |
| Nicole Angelica |
ALEXA'S ARTIFICIAL INTELLIGENCE PAVES THE WAY FOR BIG TECH'S ENTRANCE INTO THE HEALTH CARE INDUSTRY--THE BENEFITS TO EFFICIENCY AND SUPPORT OF THE PATIENT-CENTRIC SYSTEM OUTWEIGH THE IMPACT ON PRIVACY |
21 North Carolina Journal of Law & Technology 59 (May, 2020) |
Time is the most valuable commodity bought and sold in our society. In the health care industry, time is always at a premium, and even in areas with a high concentration of physicians, patient needs are often unmet. With the rising popularity of artificial intelligence in private homes, the Big Five tech companies, Facebook, Amazon, Apple,... |
2020 |
Yes |
| Sylvia Lu |
ALGORITHMIC OPACITY, PRIVATE ACCOUNTABILITY, AND CORPORATE SOCIAL DISCLOSURE IN THE AGE OF ARTIFICIAL INTELLIGENCE |
23 Vanderbilt Journal of Entertainment and Technology Law 99 (Fall, 2020) |
Today, firms develop machine-learning algorithms to control human decisions in nearly every industry, creating a structural tension between commercial opacity and democratic transparency. In many of their commercial applications, advanced algorithms are technically complicated and privately owned, which allows them to hide from legal regimes and... |
2020 |
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| Vicki W. Girard, JD , Eileen S. Moore, MD , Lisa P. Kessler, MBA , Deborah Perry, PhD , Yael Cannon, JD |
AN INTERPROFESSIONAL APPROACH TO TEACHING ADVOCACY SKILLS: LESSONS FROM AN ACADEMIC MEDICAL--LEGAL PARTNERSHIP |
40 Journal of Legal Medicine 265 (April-June, 2020) |
Medical students and educators recognize that preparing the next generation of health leaders to address seemingly intractable problems like health disparities should include advocacy training. Opportunities to acquire the knowledge and skills needed to effectively advocate at the policy level to promote systems-, community-, and population-level... |
2020 |
|
| Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy |
ARE LITIGATION OUTCOME DISPARITIES INEVITABLE? COURTS, TECHNOLOGY, AND THE FUTURE OF IMPARTIALITY |
71 Alabama Law Review 893 (2020) |
Introduction. 895 I. Impartiality and Disparities in Legal Outcomes. 899 A. The Equilibrium. 899 B. Implicit Judicial Biases. 903 C. Structural Biases. 912 D. Attempts to Reduce Outcome Disparities. 919 E. Reducing Disparities Through Online Proceedings?. 924 II. Empirical Study of Legal Outcomes Online and Offline: Disparities and Potential... |
2020 |
|
| Kevin Sette |
ARE TWO MINORITIES EQUAL TO ONE?: MINORITY COALITION GROUPS AND SECTION 2 OF THE VOTING RIGHTS ACT |
88 Fordham Law Review 2693 (May, 2020) |
Following Jim Crow, vote dilution is the second-generation barrier standing between minority voters and the polls. Section 2 of the Voting Rights Act of 1965 (VRA) protects racial and language minorities from these vote dilution practices. To sustain a section 2 claim, a protected class of citizens must satisfy the criteria laid out by the U.S.... |
2020 |
|
| Sharona Hoffman, Andy Podgurski |
ARTIFICIAL INTELLIGENCE AND DISCRIMINATION IN HEALTH CARE |
19 Yale Journal of Health Policy, Law & Ethics 1 (Fall, 2020) |
Artificial intelligence (AI) holds great promise for improved health-care outcomes. It has been used to analyze tumor images, to help doctors choose among different treatment options, and to combat the COVID-19 pandemic. But AI also poses substantial new hazards. This Article focuses on a particular type of healthcare harm that has thus far evaded... |
2020 |
Yes |
| Peggy Cooper Davis , Danielle Davenport , Brence Pernell |
BEYOND MICROAGGRESSION: OVERLAPPING IDENTITIES IN SIMULATED LEGAL PRACTICE |
65 Villanova Law Review 321 (2020) |
The authors' in-depth analyses of interactions within a simulated lawyering course expose interactive pitfalls--both in practice and in teaching--and suggest means of improving law students' and professors' professional competence. C1-2Contents Introduction. 323 I. The Family Practice Simulation Course. 329 II. Interactive Analysis of a Simulated... |
2020 |
|
| Franciska Coleman , Aval-Naree S Green |
BLACK LIVES MATTER: A CONVERSATION ON HEALTH AND CRIMINAL JUSTICE DISPARITIES |
20 University of Maryland Law Journal of Race, Religion, Gender and Class 209 (Fall, 2020) |
This article is written as a series of letters between a law professor and a medical doctor in reaction to the events surrounding the rise of the Black Lives Matter movement. The letters discuss the antebellum origins of health and criminal justice disparities and the cultural mistrust of doctors and law enforcement spawned by that history. The... |
2020 |
Yes |
| Black Women Scholars, The Research Working Group of the Black Mamas Matter Alliance |
BLACK MATERNAL HEALTH RESEARCH RE-ENVISIONED: BEST PRACTICES FOR THE CONDUCT OF RESEARCH WITH, FOR, AND BY BLACK MAMAS |
14 Harvard Law & Policy Review 393 (Summer, 2020) |
The purpose of this article is to provide an overview of a forthcoming report entitled Black Maternal Health Research Re-Envisioned: Recommendations for Improving Research on Maternity Care for Black Mamas which provides principles that should underpin the ethical design of clinical, epidemiological, health services, and public health research,... |
2020 |
Yes |
| Sarah Ryan |
BRIDGING THE DIGITAL DIVIDE: HOW COVID-19'S TELEMEDICINE EXPANSION MAY EXACERBATE HEALTH DISPARITIES FOR LOW-INCOME, URBAN, BLACK PATIENTS |
30 Annals of Health Law Advance Directive 295 (Fall, 2020) |
According to the World Health Organization, the social determinants of health are the conditions in which people are born, grow, work, live, and age, and the wider set of forces and systems shaping the conditions of daily life. Interactions between the social determinants of health are responsible for vast health disparities among different... |
2020 |
Yes |
| Peter H. Huang , Kelly J. Poore |
CAN YOU HEAR ME LATER AND BELIEVE ME NOW? BEHAVIORAL LAW AND ECONOMICS OF CHRONIC REPEATED AMBIENT ACOUSTIC POLLUTION CAUSING NOISE-INDUCED (HIDDEN) HEARING LOSS |
29 Southern California Review of Law & Social Justice 193 (Summer, 2020) |
This Article analyzes the public health issues of Noise-Induced Hearing Loss (NIHL) and Noise-Induced Hidden Hearing Loss (NIHHL) due to Chronic Repeated Ambient Acoustic Pollution (CRAAP). This Article examines the clinical and empirical medical data about NIHL and NIHHL and its normative implications. It applies behavioral law and economics... |
2020 |
|
| Elizabeth Kronk Warner , Kathy Lynn , Kyle Whyte |
CHANGING CONSULTATION |
54 U.C. Davis Law Review 1127 (December, 2020) |
As climate change and fossil fuel extractive industries threaten Indian country and burden many Indigenous communities with risks, mitigating the negative impacts on tribal sovereignty, health, and cultural integrity demands consultation between tribes and the federal government. Yet, this is an area where the law fails to provide adequate guidance... |
2020 |
|
| Nancy E. Dowd |
CHILDREN'S EQUALITY RIGHTS: EVERY CHILD'S RIGHT TO DEVELOP TO THEIR FULL CAPACITY |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... |
2020 |
|
| Shanzeh Daudi |
CHOOSING BETWEEN HEALTHCARE AND A GREEN CARD: THE COST OF PUBLIC CHARGE |
70 Emory Law Journal 201 (2020) |
Public charge policy has been part of the nation's infrastructure since its colonial beginnings. The policy originated as a barrier to protect taxpayers from individuals who posed a risk of becoming a charge on society, relying on public aid and governmental support. Congress last addressed the public charge statute in 1952 in the Immigration and... |
2020 |
Yes |
| |
CIVIL RIGHTS--STATUTORY STANDING--FIFTH CIRCUIT HOLDS THAT CORPORATIONS HAVE STANDING TO SUE FOR RACIAL DISCRIMINATION UNDER 42 U.S.C. § 1981 WITHOUT REQUIRING PROOF OF AN IMPUTED RACIAL IDENTITY.--WHITE GLOVE STAFFING, INC. v. METHODIST HOSPITALS OF DALL |
134 Harvard Law Review 872 (December, 2020) |
[S]ocieties construct race because they have needs that the concept of race will satisfy. The reality of race is consequential rather than ontological--people experience race, in both positive and negative ways, because it is assigned to them, not because they truly possess a race in the way that they may possess brown skin or blonde hair. The... |
2020 |
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| Emily R. Edwards , D. R. Gina Sissoko, Dylan Abrams, Daniel Samost , Stephanie La Gamma , Joseph Geraci , James J. Peters Veterans Affairs Medical Center, The Bronx, New York, John Jay College of Criminal Justice and City University of New York, Yeshiva U |
CONNECTING MENTAL HEALTH COURT PARTICIPANTS WITH SERVICES: PROCESS, CHALLENGES, AND RECOMMENDATIONS |
26 Psychology, Public Policy, and Law 463 (November, 2020) |
Mental health courts are an increasingly common option for defendants whose mental health impedes the effectiveness of traditional justice processing. Determinations of eligibility for mental health court are informed by various sources, including consideration of the availability of community-based services. When the range, scope, or heterogeneity... |
2020 |
Yes |