| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Genevieve Frances Steel |
CONSTRUCTING THE TRIDENT OF THE REASONABLE PERSON: ENOUGH IS ENOUGH! IT'S TIME FOR THE REASONABLE INDIAN STANDARD |
12 Elon Law Review 62 (2020) |
I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable... |
2020 |
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| Christian Fuller |
COVID-19 AND COLLEGE ATHLETICS: EXAMINING THE EFFECTS OF CORONAVIRUS ON AFRICAN AMERICAN STUDENT ATHLETES AND THE FUTURE OF COLLEGIATE SPORTS |
30 Annals of Health Law Advance Directive 169 (Fall, 2020) |
The COVID-19 pandemic has caused one of the greatest disruptions in the twenty-first century. One industry in particular that has had a major setback is the college sports industry. Many colleges and universities have contemplated canceling their sports seasons entirely, thus leaving many African American athletes without proper protection from... |
2020 |
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| Denise Herd |
CYCLES OF THREAT: GRAHAM v. CONNOR, POLICE VIOLENCE, AND AFRICAN AMERICAN HEALTH INEQUITIES |
100 Boston University Law Review 1047 (May, 2020) |
This Essay explores how Graham v. Connor and the policies it codified contribute to multiple and interacting levels of health inequities caused by police violence in African American communities. First, police violence leads to higher rates of deaths, physical injuries, and psychological harm among affected individuals. Second, police violence... |
2020 |
Yes |
| Patricia A. Broussard, Cheryl T. Page, Angela Downes |
DAMN IT! A CONVERSATION ON BEING BLACK, FEMALE, AND MARGINALIZED DURING THE COVID-19 PANDEMIC: IS THE WORLD LISTENING? |
12 Alabama Civil Rights & Civil Liberties Law Review 1 (2020) |
We are African American women with a combined forty-four years in academia. We are professors of law and have seen firsthand how COVID-19 has ravaged African Americans across this country. As we conversed with one another in the Spring of 2020 about what we were witnessing, we began to look through the spectrum of the law and discrimination, and... |
2020 |
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| Alicia Ely Yamin, Tara Boghosian |
DEMOCRACY AND HEALTH: SITUATING HEALTH RIGHTS WITHIN A REPUBLIC OF REASONS |
19 Yale Journal of Health Policy, Law & Ethics 96 (Spring, 2020) |
Abstract: Patterns of population health are keen reflections of structural inequities in societies, yet they are rarely subject to the requirements of democratic justification that other systemic inequalities provoke. Nor are health systems generally subject to societal scrutiny regarding fidelity to normative commitments of dignity and equality.... |
2020 |
Yes |
| Elizabeth J. Kennedy, J.D. |
DESERT IN THE DELUGE: USING DATA TO DRIVE RACIAL EQUITY |
69 Catholic University Law Review 23 (Winter, 2020) |
I. Racial Inequity Is Endemic to Workforce Development. 23 II. The Baltimore Racial Equity Research Study. 27 A. Awareness of Racial Equity Indicators. 28 B. Data Collection and Disaggregation. 30 C. Race-Explicit Policies and Practices. 33 III. Reconciling Supreme Court Jurisprudence. 36 A. Race in Higher Education Admissions. 37 B. Affirmative... |
2020 |
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| A. Mechele Dickerson |
DESIGNING SLAVERY REPARATIONS: LESSONS FROM COMPLEX LITIGATION |
98 Texas Law Review 1255 (June, 2020) |
Ten years ago, the U.S. Senate and House of Representatives enacted resolutions that apologized to Black Americans on behalf of the people of the United States[] for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow laws. Despite acknowledging the fundamental injustice, cruelty, brutality, and... |
2020 |
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| Lu-in Wang , Zachary W. Brewster |
DIGNITY TRANSACTED: EMOTIONAL LABOR AND THE RACIALIZED WORKPLACE |
53 University of Michigan Journal of Law Reform 531 (Spring, 2020) |
In interactive customer service encounters, the dignity of the parties becomes the currency of a commercial transaction. Service firms that profit from customer satisfaction place great emphasis on emotional labor, the work that service providers do to make customers feel cared for and esteemed. But performing emotional labor can deny dignity to... |
2020 |
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| Helen Norton |
DISCRIMINATION, THE SPEECH THAT ENABLES IT, AND THE FIRST AMENDMENT |
2020 University of Chicago Legal Forum 209 (2020) |
Imagine that you're interviewing for your dream job, only to be asked by the hiring committee whether you're pregnant. Or HIV-positive. Or Muslim. Does the First Amendment protect your interviewers' inquiries from government regulation? This Article explores that question. Antidiscrimination laws forbid employers, housing providers, insurers,... |
2020 |
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| Ximena Benavides |
DISPARATE HEALTH CARE IN PUERTO RICO: A BATTLE BEYOND STATEHOOD |
23 University of Pennsylvania Journal of Law and Social Change 163 (2020) |
For close to a decade now, Puerto Rico has been saddled with a public debt crisis and has been forced, as a result, to borrow the funds needed to cover nationwide expenses like health care. When Puerto Rico stopped repaying its mounting debt in 2016, the U.S. Congress formed the federal PROMESA Board to oversee Puerto Rico's finances and to... |
2020 |
Yes |
| Peter Blanck , Ynesse Abdul-Malak , Meera Adya , Fitore Hyseni , Mary Killeen , Fatma Altunkol Wise |
DIVERSITY AND INCLUSION IN THE AMERICAN LEGAL PROFESSION: FIRST PHASE FINDINGS FROM A NATIONAL STUDY OF LAWYERS WITH DISABILITIES AND LAWYERS WHO IDENTIFY AS LGBTQ+ |
23 University of the District of Columbia Law Review 23 (Spring, 2020) |
Purpose: This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (ABA). With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse... |
2020 |
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| David Schraub |
DOCTRINAL SUNSETS |
93 Southern California Law Review 431 (March, 2020) |
Sunset provisions--timed expirations of an announced legal or policy rule-- occupy a prominent place in the toolkit of legislative policymakers. In the judiciary, by contrast, their presence is far more obscure. This disjuncture is intriguing. The United States' constitutional text contains several sunset provisions, and an apparent doctrinal... |
2020 |
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| Teri Dobbins Baxter |
DYING FOR EQUAL PROTECTION |
71 Hastings Law Journal 535 (April, 2020) |
When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor... |
2020 |
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| Valarie K. Blake |
ENSURING AN UNDERCLASS: STIGMA IN INSURANCE |
41 Cardozo Law Review 1441 (April, 2020) |
In our country, access to insurance can be a matter of life and death, as well as financial security. Despite these great stakes, the cost and quality of insurance are often influenced by social factors like sexual orientation, age, gender, and race. Such discrimination, forbidden in other settings like employment, is forgiven in insurance, even... |
2020 |
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| Victoria Finkle, Olivia Grob-Lipkis, Andrea Lau, Jorge Andres Soto, Morgan Williams |
ENSURING FAIR HOUSING DURING THE COVID-19 PANDEMIC |
29 Journal of Affordable Housing & Community Development Law 179 (2020) |
I. Structural Racism and Lessons from Past Crises. 181 II. Wealth Loss and Displacement Threaten Communities of Color in a Myriad of Ways. 184 A. Health Effects of Unequal Housing. 186 B. Housing Discrimination in the Pandemic. 187 III. The Trump Administration's Dangerous Policies. 189 A. Disparate Impact. 189 B. Affirmatively Furthering Fair... |
2020 |
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| Eli Woods |
ENVIRONMENTAL RACISM IN THE AGE OF COVID-19 |
26 Public Interest Law Reporter 94 (Fall, 2020) |
As the COVID-19 pandemic has swept the world leaving millions infected, hundreds of thousands dead, and most economies in tatters, a question that has gone largely unanswered is whether toxic air pollution has been a culprit in helping spread the virus. What effects, if any, have high levels of toxic air pollution in communities of color had on the... |
2020 |
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| Barry E. Hill |
ENVIRONMENTAL RIGHTS, PUBLIC TRUST, AND PUBLIC NUISANCE: ADDRESSING CLIMATE INJUSTICES THROUGH STATE CLIMATE LIABILITY LITIGATION |
50 Environmental Law Reporter (ELI) 11022 (December, 2020) |
This Article focuses on an area of rapidly evolving jurisprudence--climate liability litigation. It examines in depth the state attorney general's complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies... |
2020 |
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| Isaac D. Buck |
EXPOSED: WHY HEALTH INSURANCE IS INCOMPLETE AND WHAT CAN BE DONE ABOUT IT, CHRISTOPHER T. ROBERTSON (HARVARD UNIVERSITY PRESS, 2019, 248 PP.) |
40 Journal of Legal Medicine 283 (April-June, 2020) |
Health law and policy scholars are naturally motivated to improve the American health care system, which is defined by poor quality metrics, racial and socioeconomic disparities, and exorbitant costs. In response, their scholarship focuses on improving the implementation and delivery of American health care for the typical patient--from increasing... |
2020 |
Yes |
| James J. Brudney |
FORSAKEN HEROES: COVID-19 AND FRONTLINE ESSENTIAL WORKERS |
48 Fordham Urban Law Journal 1 (December, 2020) |
Who sees with equal eye, as God of all, A hero perish, or a sparrow fall, Atoms or systems into ruin hurl'd, And now a bubble burst, and now a world. - An Essay on Man, Epistle 1, Alexander Pope (1734) Introduction. 2 I. The COVID-19 Frontline Essential Workforce. 7 A. Demographics. 7 B. Union Representation. 9 C. Risks of Infection. 10 II.... |
2020 |
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| Barbara L. Atwell |
FROM PUBLIC HEALTH TO PUBLIC WEALTH: THE CASE FOR ECONOMIC JUSTICE |
108 Kentucky Law Journal 387 (2019-2020) |
Table of Contents. 387 Introduction. 388 I. Public Health Law: we're in the Same Boat Now. 392 II. Public Health, But Private Wealth of the 1%, by the 1%, for the 1%. 405 III. What if Money Could Heal Us?. 419 A. Board Compensation and Accountability. 421 i. Eliminate the business judgment rule in matters of executive compensation. 421 ii.... |
2020 |
Yes |
| Helen M. Alvaré |
GENDER MISTRUST AS A PUBLIC HEALTH CRISIS: A PRELIMINARY PROPOSAL |
108 Georgetown Law Journal 1401 (May, 2020) |
C1-3Table of Contents L1-2Introduction . L31401 I. Impaired Relations and Negative Stereotypes as a Public Health Crisis?. 1403 a. what makes a public health crisis?. 1403 b. impaired relations as a public health crisis: gun violence, racism, and opioid addiction. 1405 II. Gender Mistrust Has the Characteristics of a Public Health Crisis. 1408 a.... |
2020 |
Yes |
| Trina Jones , Jessica L. Roberts |
GENETIC RACE? DNA ANCESTRY TESTS, RACIAL IDENTITY, AND THE LAW |
120 Columbia Law Review 1929 (November, 2020) |
Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... |
2020 |
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| Verónica C. Gonzales-Zamora |
GIVE ME LIBERTY, OR GIVE ME BREATH: A CALL FOR ECONOMIC JUSTICE |
69 Journal of Legal Education 643 (Spring, 2020) |
Awareness or coming to a new consciousness are steps toward maturity, and the stories can serve as guideposts. For us Nuevo Mexicanos growing in the Spanish-speaking villages, the cuentos of the folk tradition related the adventures of heroes who overcame the monsters, and through these stories it was possible to understand the role of the ghosts... |
2020 |
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| Chandra L. Ford |
GRAHAM, POLICE VIOLENCE, AND HEALTH THROUGH A PUBLIC HEALTH LENS |
100 Boston University Law Review 1093 (May, 2020) |
That police kill black people with impunity is a concerning social issue--but is it a public health problem? In this Essay, I examine how certain public health concepts and approaches can inform both the answer to this question and the development of strategies to address the problem. Drawing on Ruth Wilson Gilmore's definition of racism as the... |
2020 |
Yes |
| Montrece M. Ransom, JD, MPH , Vice Chair, Coordinating Committee on Diversity, ABA Health Law Section |
GUEST CHAIR'S COLUMN: DYING TO BELONG: RACISM AS A PUBLIC HEALTH ISSUE |
32 Health Lawyer 3 (June, 2020) |
I am obsessed with the phenomenon of belonging. For the past year, I've been studying, presenting workshops on, and writing about the importance of fostering a sense of belonging in all of our shared spaces. In addition, the heart of my coaching practice is affirming to my clients that anywhere they are called or aspire to be, they belong.... |
2020 |
Yes |
| Dayna Bowen Matthew, J.D., Ph.D. |
HEALING HATE: A PUBLIC HEALTH PERSPECTIVE ON CIVIL RIGHTS IN AMERICA |
27 Virginia Journal of Social Policy and the Law 1 (Spring, 2020) |
As health care providers better understand the social determinants of health, an emerging literature reveals that a major driver of public health disparities is subordination. Inspired by a provocative new approach to addressing population health disparities, this conference gathered scholars and clinicians and policy-makers to explore a powerful... |
2020 |
Yes |
| Jacob Z. Bolton |
HEALTH IN ALL OR PROFIT FOR SOME: HEALTH AND RACIAL EQUITY IN ALL POLICY FOR A JUST TRANSITION |
20 Journal of Law in Society 315 (Summer, 2020) |
C1-2TABLE OF CONTENTS Introduction. 315 Background. 317 L1 A. Background on Climate Destabilization. L2317 L1 B. Background on Climate Destabilization Law. L2322 L1 C. Proposals for U.S. Climate Change Law. L2329 L1 D. Building Local Institutions for Climate Justice. L2335 I. Climate Change & Inequity: A Root Cause Analysis. 338 II. Frame Policies... |
2020 |
Yes |
| Emily A. Benfer, Seema Mohapatra, Lindsay F. Wiley, Ruqaiijah Yearby |
HEALTH JUSTICE STRATEGIES TO COMBAT THE PANDEMIC: ELIMINATING DISCRIMINATION, POVERTY, AND HEALTH DISPARITIES DURING AND AFTER COVID-19 |
19 Yale Journal of Health Policy, Law & Ethics 122 (Fall, 2020) |
Experience with past epidemics made it predictable that people living in poverty, people of color, and other marginalized groups would bear the brunt of the coronavirus pandemic due to the social determinants of health (SDOH). The SDOH are subdivided into structural and intermediary determinants. Structural determinants include forms of... |
2020 |
Yes |
| Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz |
HEALTH JUSTICE STRATEGIES TO ERADICATE LEAD POISONING: AN URGENT CALL TO ACTION TO SAFEGUARD FUTURE GENERATIONS |
19 Yale Journal of Health Policy, Law & Ethics 146 (Spring, 2020) |
Abstract: Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children's environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place... |
2020 |
Yes |
| Taylor L. Baker, Katherine A. Buckley, Robert P. Carpenter |
HEALTH LAW |
70 Syracuse Law Review 423 (2020) |
C1-2Table of Contents Introduction. 423 I. New York State Case Law. 424 A. Brito v. Gomez: Discoverability of Prior Medical Records. 424 B. Clifford v. Kates: Continuous Treatment and Consulting an Attorney. 427 C. Cohen v. Gold: Continuous Treatment and Retirement. 429 D. Tornatore v. Cohen: Experts and Professional Reliability. 432 E. Vargas v.... |
2020 |
Yes |