| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Samuel C. Bruder |
HEALTH SHOULD BE A RECOGNIZED HUMAN RIGHT IN THE US: HOW THE HEALTH CARE SYSTEM IS FAILING UNDER FEDERAL TAX POLICIES |
20 Connecticut Public Interest Law Journal 88 (Fall-Winter 2020) |
Access to affordable, quality health care should be a widely recognized, basic human right. The United States has a moral and legal obligation to provide protection and ensure such access, but is failing from a human rights perspective due to its insistence on using failing tax policies to address changes. International treaties such as the... |
2020 |
Yes |
| Shawn Trabanino |
HEALTH, LAW, AND ETHNICITY: THE DISABILITY ADMINISTRATIVE LAW JUDGE AND HEALTH DISPARITIES FOR DISADVANTAGED POPULATIONS |
108 California Law Review 2079 (December, 2020) |
Social determinants play into who gets to die prematurely while others get to have healthy productive lives--these are loosely called health disparities. Health disparities are typically understood socially, economically, and politically, but rarely analyzed within the legal system. The Social Security Administration (SSA)--the federal program for... |
2020 |
Yes |
| William M. Sage, M.D. J.D. |
HEALTHISM: JESSICA L. ROBERTS AND ELIZABETH WEEKS (CAMBRIDGE UNIVERSITY PRESS, 2018, PP. 220), ISBN-13: 978-1316613429, PAPERBACK |
39 Journal of Legal Medicine 447 (January, 2020) |
Mobilized by the denial of potentially lifesaving treatment to a child with cancer in the late 1980s, the state of Oregon radically revamped its Medicaid program. Instead of hiding the human cost of the state's budgetary priorities in general expenditure categories and percentage-of-poverty eligibility rules, the draft Oregon Health Plan (OHP) used... |
2020 |
Yes |
| Lothar Determann |
HEALTHY DATA PROTECTION |
26 Michigan Technology Law Review 229 (Spring, 2020) |
Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the... |
2020 |
Yes |
| Eric N. Lindblom |
HOW WOULD AN ETHICALLY RESPONSIBLE FDA EVALUATE PMTA AND MRTP APPLICATIONS AND ISSUE RELATED ORDERS? |
75 Food & Drug Law Journal 1 (2020) |
Pursuant to the U.S. Tobacco Control Act, any tobacco product that was not already legally on the U.S. market on February 15, 2007 or is not substantially equivalent to a product that was on the market on that date may not enter or stay on the market unless it has submitted a Premarket Tobacco Product Application (PMTA) to the U.S. Food and Drug... |
2020 |
|
| Lauren E. Bartlett |
HUMAN RIGHTS GUIDANCE FOR ENVIRONMENTAL JUSTICE ATTORNEYS |
97 University of Detroit Mercy Law Review 373 (Spring, 2020) |
I. Introduction. 374 II. Historical Context. 378 i. Environmental Justice Movement. 379 ii. Movement for Environmental Human Rights. 386 III. Environmental Human Rights Law: An Overview. 392 i. Treaties. 394 ii. Customary International Law. 397 iii. Constitutions and Statutes. 399 iv. Case Law. 404 1. Inter-American Human Rights System. 405 2.... |
2020 |
|
| Lawrence O. Gostin , Eric A. Friedman |
IMAGINING GLOBAL HEALTH WITH JUSTICE: TRANSFORMATIVE IDEAS FOR HEALTH AND WELL-BEING WHILE LEAVING NO ONE BEHIND |
108 Georgetown Law Journal 1535 (May, 2020) |
C1-3Table of Contents L1-2Introduction . L31537 I. From Universal Health Coverage to Health for All: The Three Strands of Global Health. 1545 a. universal health coverage. 1545 b. public health services. 1546 c. social determinants of health. 1547 d. progress in global health through interactions among healthcare, public health, and social... |
2020 |
Yes |
| Emily S. Beukema |
INDIANA MEDICAID: HOPE AMID A CRISIS |
17 Indiana Health Law Review 183 (2020) |
There's all sorts of trauma from drama that children see, type [] that normally would call for therapy. But you know just how it go in our community, Keep [it] inside it don't matter how hard it be. The rise in substance misuse in the United States has been neither quiet nor subtle. In 2017, the U.S. Department of Health and Human Services (HHS)... |
2020 |
|
| I. Glenn Cohen |
INFORMED CONSENT AND MEDICAL ARTIFICIAL INTELLIGENCE: WHAT TO TELL THE PATIENT? |
108 Georgetown Law Journal 1425 (May, 2020) |
C1-3Table of Contents L1-2Introduction . L31426 I. A Brief Primer on Medical AI/ML. 1429 II. The Doctrinal Question: How Does the Current Case Law on Informed Consent in the United States Apply to Medical AI/ML?. 1432 a. general background on u.s. informed consent law. 1432 b. three kinds of penumbral informed consent cases that may prove useful... |
2020 |
|
| Yael Cannon |
INJUSTICE IS AN UNDERLYING CONDITION |
6 University of Pennsylvania Journal of Law & Public Affairs 201 (December, 2020) |
Race, poverty, and zip code serve as critical determinants of a person's health. Research showed the links between these factors and poor health and mortality before COVID-19, and they have only been amplified during this pandemic. People of color experience higher rates of asthma, heart disease, diabetes, and other chronic conditions. People of... |
2020 |
|
| Rachel E. Sachs |
INTEGRATING HEALTH INNOVATION POLICY |
34 Harvard Journal of Law & Technology 57 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 58 II. Conceptualizing Fragmentation in Health Law. 63 A. Defining the Scope of Fragmentation. 63 B. Assessing the Impacts of Fragmentation. 67 III. Fragmentation over Time. 69 A. Examples of Time-Based Fragmentation. 70 1. Fragmentation in Insurance Structure. 70 2. Time-Based Fragmentation's Impact on Access... |
2020 |
Yes |
| Javier Vasquez, LL.B., LL.M. |
INTERNATIONAL HUMAN RIGHTS LAW & THE HEALTH OF PERSONS WITH INTELLECTUAL DISABILITIES |
15 Health Law & Policy Brief 27 (Winter 2020) |
C1-2Table of Contents I. Introduction. 29 II. Relationships Between the Human Rights of Persons with Intellectual Disabilities & the Enjoyment of Health. 34 III. International Human Rights Instruments in the Context of the Health of Persons with Intellectual Disabilities. 36 IV. Human Rights & Fundamental Freedoms Related to the Health & Well-Being... |
2020 |
Yes |
| Ruqaiijah Yearby |
INTRODUCTION |
14 Saint Louis University Journal of Health Law & Policy 1 (2020) |
On June 10, 1963, President John F. Kennedy signed the Equal Pay Act, which prohibited sex-based wage discrimination for women and men performing the same job in the same workplace. A little over a year later, President Lyndon B. Johnson signed the Civil Rights Act of 1964, which prohibited employment discrimination based on race, religion,... |
2020 |
|
| The Honorable Cindy Grace Thyer |
IS IT TIME FOR ARKANSAS TO CONSIDER PRETRIAL REFORM? |
42 University of Arkansas at Little Rock Law Review 511 (Spring, 2020) |
Approximately two-thirds of the national jail population consists of pretrial detainees--people who are constitutionally presumed innocent of the charges they are facing. Many, if not most, of these individuals are incarcerated because they are unable to post money bail. This article explores some of the complexities of pretrial release/detention... |
2020 |
|
| Nicole Huberfeld |
IS MEDICARE FOR ALL THE ANSWER? ASSESSING THE HEALTH REFORM GESTALT AS THE ACA TURNS 10 |
20 Houston Journal of Health Law & Policy 69 (2020) |
You keep using that word. I do not think that word means what you think it means. Introduction. 70 I. Measuring the ACA on Its Own Terms. 74 II. Features of Current Proposals. 82 A. Medicare Overview. 82 B. Medicare for All Single Payer Models. 85 1. Actual Single Payer. 85 2. Very Nearly Single Payer. 86 C. Medicare Expansion. 90 D. New Public... |
2020 |
Yes |
| Medha D. Makhlouf |
LABORATORIES OF EXCLUSION: MEDICAID, FEDERALISM & IMMIGRANTS |
95 New York University Law Review 1680 (December, 2020) |
Medicaid's cooperative federalism structure gives states significant discretion to include or exclude various categories of noncitizens. This has created extreme geographic variability in noncitizens' access to health coverage. This Article describes federalism's role in influencing state policies on noncitizen eligibility for Medicaid and its... |
2020 |
|
| Ruqaiijah Yearby , Seema Mohapatra |
LAW, STRUCTURAL RACISM, AND THE COVID-19 PANDEMIC |
7 Journal of Law & the Biosciences 1 (January-June, 2020) |
During the 1918 flu pandemic, American Indians experienced a disease specific mortality rate of four times that of other ethnic groups', whereas during the 2009 H1N1 pandemic American Indian and Alaska Natives' mortality rate from H1N1 was four times that of all other racial and ethnic minority populations combined. During the COVID-19 pandemic,... |
2020 |
|
| Nkechi Taifa |
LET'S TALK ABOUT REPARATIONS |
10 Columbia Journal of Race and Law 1 (2020) |
In the spring of the 2019, the Columbia Journal of Race and Law invited activist, attorney and scholar, Nkechi Taifa, to Columbia Law School for a public lecture on the topic of Reparations for descendent of enslaved Africans in the United States. Reparations has been a subject to much public discourse over the years and, in the last decade in... |
2020 |
|
| Carly M. Toepke, Gerald P. Schneeweis, Andrew J. Bayne |
LIFE SCIENCES & HEALTH LAW |
54 The Year in Review (ABA) 407 (2020) |
This article examines selected international legal developments relating to life sciences and health law in 2019. In Nigeria, the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 was signed in January 2019. This positive action provides that a person with a disability shall not be discriminated against on the ground of his... |
2020 |
Yes |
| Valerie Schneider |
LOCKED OUT BY BIG DATA: HOW BIG DATA, ALGORITHMS AND MACHINE LEARNING MAY UNDERMINE HOUSING JUSTICE |
52 Columbia Human Rights Law Review 251 (Fall, 2020) |
As housing-related decisions are increasingly being made by algorithms instead of individuals, it is critical that the technologies used to make those decisions do not replicate or even worsen patterns of discrimination and segregation. While it may be convenient to believe that bias can be eliminated by putting decision-making authority in the... |
2020 |
|
| Deborah Zalesne |
MAKING RIGHTS A REALITY: ACCESS TO HEALTH CARE FOR AFRO-COLOMBIAN SURVIVORS OF CONFLICT-RELATED SEXUAL VIOLENCE |
51 Columbia Human Rights Law Review 668 (Winter, 2020) |
In 2008, Colombia enacted Law 1257, which states that women's rights are human rights, and that women's rights include the right to a dignified life, including the right to physical health and sexual and reproductive health. In 2016, the Colombian government signed a peace accord with the Revolutionary Armed Forces of Colombia (FARC),... |
2020 |
Yes |
| Caroline V. Lawrence, The COVID-Dynamic Team |
MASKING UP: A COVID-19 FACE-OFF BETWEEN ANTI-MASK LAWS AND MANDATORY MASK ORDERS FOR BLACK AMERICANS |
11 California Law Review Online 479 (November, 2020) |
Mandatory PPE orders during COVID-19 have forced Black Americans to weigh the dangers of disease against the dangers of selective enforcement and racial profiling. In states with civil rights-era anti-mask laws, both wearing and eschewing masks could lead to police interaction. This Essay argues that anti-mask laws were only superficially intended... |
2020 |
|
| Deborah Hellman |
MEASURING ALGORITHMIC FAIRNESS |
106 Virginia Law Review 811 (June, 2020) |
Algorithmic decision making is both increasingly common and increasingly controversial. Critics worry that algorithmic tools are not transparent, accountable, or fair. Assessing the fairness of these tools has been especially fraught as it requires that we agree about what fairness is and what it requires. Unfortunately, we do not. The... |
2020 |
|
| Craig Konnoth |
MEDICAL CIVIL RIGHTS AS A SITE OF ACTIVISM: A REPLY TO CRITICS |
73 Stanford Law Review Online 104 (December, 2020) |
My respondents, Allison Hoffman, and Rabia Belt and Doron Dorfman, generously wrote their responses to my Article, Medicalization and the New Civil Rights as the nation lurched from crisis to crisis. Their responses were written in the throes of the onslaught of COVID-19, the effects of which were concentrated on those who were already vulnerable.... |
2020 |
|
| Micaela Gelman |
MISMANAGED CARE: EXPLORING THE COSTS AND BENEFITS OF PRIVATE vs. PUBLIC HEALTHCARE IN CORRECTIONAL FACILITIES |
95 New York University Law Review 1386 (November, 2020) |
Administering healthcare in prisons and jails has been an exceptionally difficult task for state, county, and city governments for decades. Facing the unprecedented rise in the correctional population, governments began contracting with private correctional healthcare companies in the 1980s for cheaper, higher-quality care. However, in practice,... |
2020 |
Yes |
| Hafsa S. Mansoor |
MODERN RACISM BUT OLD-FASHIONED IIED: HOW INCONGRUOUS INJURY STANDARDS DENY "THICK SKIN" PLAINTIFFS REDRESS FOR RACISM AND ETHNOVIOLENCE |
50 Seton Hall Law Review 881 (2020) |
To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... |
2020 |
|
| Alejandro Banuelos , Aaron Clarke |
MOVEMENT AND CRISIS: A SOCIAL HEALTH MANIFESTO |
68 UCLA Law Review Discourse 56 (2020) |
In this Article, we employ the terms Health (as a white supremacist mode of being) and social health to demystify how race and health are mobilized by the state and its representative bodies to shift accountability away from their role in crafting an anti-Black world, contain and quell Black protest, and how Black communities have dreamt and... |
2020 |
Yes |
| Kermit Lind |
MOVING TOWARD SUSTAINABLE RESIDENTIAL INTEGRATION WITH RACIAL JUSTICE AND SOCIAL EQUITY |
70 Case Western Reserve Law Review 759 (Spring, 2020) |
C1-2Contents Introduction. 759 I. Perspective of a Neighborhood-based Community Development Lawyer. 762 II. The Challenges of Neighborhood Community Development in 21st Century Cities. 764 III. The Principles and Characteristics of Just Sustainability. 766 IV. Moving Toward Sustainable Integrated Residential Neighborhoods and Communities. 770... |
2020 |
|
| Andrew D. Selbst |
NEGLIGENCE AND AI'S HUMAN USERS |
100 Boston University Law Review 1315 (September, 2020) |
Negligence law is often asked to adapt to new technologies. So it is with artificial intelligence (AI). Though AI often conjures images of autonomous robots, especially autonomous vehicles, most existing AI technologies are not autonomous. Rather, they are decision-assistance tools that aim to improve on the inefficiency, arbitrariness, and bias... |
2020 |
|
| Dr. Charles J. Reid, Jr. |
PANDEMIC OF INEQUALITY: AN INTRODUCTION TO INEQUALITY OF RACE, WEALTH, AND CLASS, EQUALITY OF OPPORTUNITY |
14 University of St. Thomas Journal of Law & Public Policy 1 (December, 2020) |
This Symposium was proposed and planned months before COVID-19 emerged as a public health emergency. Still, it can safely be said that the COVID pandemic that ravaged the United States in the summer and fall of 2020--a pandemic, furthermore, that poses an even greater threat in the upcoming winter--has revealed in vivid detail the inequalities at... |
2020 |
|