| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Kristen Underhill |
PERCEPTIONS OF PROTECTION UNDER NONDISCRIMINATION LAW |
46 American Journal of Law & Medicine 21 (2020) |
INTRODUCTION I. NONDISCRIMINATION PROTECTIONS IN HEALTH CARE A. Nondiscrimination Rules for Health Care Providers B. Impacts of Nondiscrimination Rules for Providers C. Impacts for Members of the Protected Class D. Pathways between Nondiscrimination Law and Patients' Decisions II. A SURVEY OF LEGAL KNOWLEDGE, BELIEFS, AND CARE-SEEKING A. Method and... |
2020 |
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| Joy Milligan |
PLESSY PRESERVED: AGENCIES AND THE EFFECTIVE CONSTITUTION |
129 Yale Law Journal 924 (February, 2020) |
abstract. Sometimes the judicial Constitution is not the one that matters. The administrative state is capable of creating divergent legal frameworks that powerfully shape public life. But to the extent that they reside outside of judicial precedent, such administrative regimes may go unrecognized. In this Article, I chart the history of an... |
2020 |
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| Elyssa Spitzer |
PREGNANCY'S RISKS AND THE HEALTH EXCEPTION IN ABORTION JURISPRUDENCE |
22 Georgetown Journal of Gender and the Law 127 (Fall, 2020) |
Current abortion jurisprudence provides logically sufficient grounds for universal access. Under the health exception, abortion-regulating legislation must explicitly permit abortion access when a pregnancy threatens a pregnant person's health. This article argues that, given the universal risks of pregnancy and birth, the reasoning of the health... |
2020 |
Yes |
| Daniel G. Orenstein, JD, MPH |
PREVENTING INDUSTRY ABUSE OF CANNABIS EQUITY PROGRAMS |
45 Southern Illinois University Law Journal 69 (Fall, 2020) |
Enforcement disparities have pervaded the history of U.S. drug control laws, particularly regarding cannabis. These disparities have systemically disadvantaged persons of color and other communities. Responding to these inequities, some state cannabis legalization campaigns have emphasized social justice goals, and states and localities have... |
2020 |
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| R. George Wright |
PROFESSOR KINNEY ON THE HUMAN RIGHT TO HEALTH CARE: CONTINUING THE CONVERSATION |
17 Indiana Health Law Review 33 (2020) |
For Professor Kinney, the idea of a human right to health care was a matter of central and continuing interest. Rather like a gemologist, Professor Kinney examined the facets of this right with discerning attention. This contribution continues the conversation with Professor Kinney at fundamental levels. Professor Kinney distinguished, in... |
2020 |
Yes |
| Anya E.R. Prince, Daniel Schwarcz |
PROXY DISCRIMINATION IN THE AGE OF ARTIFICIAL INTELLIGENCE AND BIG DATA |
105 Iowa Law Review 1257 (March, 2020) |
ABSTRACT: Big data and Artificial Intelligence (AI) are revolutionizing the ways in which firms, governments, and employers classify individuals. Surprisingly, however, one of the most important threats to anti-discrimination regimes posed by this revolution is largely unexplored or misunderstood in the extant literature. This is the risk that... |
2020 |
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| Dawn Pepin |
PUBLIC HEALTH EQUITY LAW: CONSIDERING LAW AS A TOOL IN ACHIEVING HEALTH EQUITY |
70 DePaul Law Review 1 (Fall, 2020) |
Health equity is achieved when each person attains their highest level of health . However, recent research published in the Journal of the American Medical Association (JAMA) by Frederick Zimmerman and Nathaniel Anderson, found that although there have been some promising developments, there has been an overall lack of improvement in health... |
2020 |
Yes |
| Jamie Langowski, William Berman, Grace Brittan, Catherine LaRaia, Jee-Yeon Lehmann, Judson Woods |
QUALIFIED RENTERS NEED NOT APPLY: RACE AND HOUSING VOUCHER DISCRIMINATION IN THE METROPOLITAN BOSTON RENTAL HOUSING MARKET |
28 Georgetown Journal on Poverty Law and Policy 35 (Fall, 2020) |
Black, Indigenous, and People of Color have long had to navigate the barriers of racist laws, policies, and actions in housing. Housing discrimination perpetuates segregation and contributes to maintaining the status quo of disparities with respect to health inequities as well as income, wealth, and opportunity gaps. The COVID-19 pandemic has put... |
2020 |
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| Khiara M. Bridges |
RACE, PREGNANCY, AND THE OPIOID EPIDEMIC: WHITE PRIVILEGE AND THE CRIMINALIZATION OF OPIOID USE DURING PREGNANCY |
133 Harvard Law Review 770 (January, 2020) |
C1-2CONTENTS Introduction. 772 Formulations of White Privilege. 778 I. The Opioid Epidemic. 785 A. Race and the Opioid Epidemic. 788 B. Pregnancy and the Opioid Epidemic. 793 II. Substance Use During Pregnancy and the Law. 798 A. Civil Systems. 798 B. Criminal Systems. 803 1. Alabama. 810 2. South Carolina. 811 3. Tennessee. 812 III. The... |
2020 |
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| Bobbi M. Bittker |
RACIAL AND ETHNIC DISPARITIES IN EMPLOYER-SPONSORED HEALTH COVERAGE |
45 Human Rights 18 (2020) |
Health care as a human right is a principle building momentum in the current political climate, where proposals for universal health care have again taken center stage. A healthy society is composed of healthy individuals. Yet, civil rights violations resulting in many racial and ethnic disparities still need to be addressed in order to deliver... |
2020 |
Yes |
| Michael Siegel |
RACIAL DISPARITIES IN FATAL POLICE SHOOTINGS: AN EMPIRICAL ANALYSIS INFORMED BY CRITICAL RACE THEORY |
100 Boston University Law Review 1069 (May, 2020) |
Although the use of excessive force by police has been a concern within communities of color for decades, the issue recently reached the public consciousness through media coverage of a number of high-profile police killings of unarmed Black victims. In explaining these events, the common understanding has been that there are some bad apples... |
2020 |
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| Khiara M. Bridges |
RACIAL DISPARITIES IN MATERNAL MORTALITY |
95 New York University Law Review 1229 (November, 2020) |
Racial disparities in maternal mortality have recently become a popular topic, with a host of media outlets devoting time and space to covering the appalling state of black maternal health in the country. Congress responded to this increased societal awareness by passing the Preventing Maternal Deaths Act at the tail end of 2018. The law provides... |
2020 |
Yes |
| Nathan Tauger |
RACIAL SEGREGATION IN WEST VIRGINIA HOUSING, 1929-1971 |
123 West Virginia Law Review 171 (Fall, 2020) |
I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... |
2020 |
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| Palma Joy Strand, Nicholas A. Mirkay |
RACIALIZED TAX INEQUITY: WEALTH, RACISM, AND THE U.S. SYSTEM OF TAXATION |
15 Northwestern Journal of Law & Social Policy 265 (Spring, 2020) |
This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been... |
2020 |
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| Tyler Dueno |
RACIST ROBOTS AND THE LACK OF LEGAL REMEDIES IN THE USE OF ARTIFICIAL INTELLIGENCE IN HEALTHCARE |
27 Connecticut Insurance Law Journal 337 (Fall, 2020) |
This article examines the rapidly accelerating use of powerful artificial intelligence to make healthcare decisions. Artificial intelligence promises many benefits: affordable and accessible healthcare; diagnostic accuracy; and efficiently streamlining tasks related to prior authorization procedures. However, the perils involve proxy discrimination... |
2020 |
Yes |
| Kim Shayo Buchanan, Phillip Atiba Goff |
RACIST STEREOTYPE THREAT IN CIVIL RIGHTS LAW |
67 UCLA Law Review 316 (May, 2020) |
Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,... |
2020 |
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| Leora Friedman |
RECOMMENDING JUDICIAL RECONSTRUCTION OF TITLE VI TO CURB ENVIRONMENTAL RACISM: A RECKLESSNESS-BASED THEORY OF DISCRIMINATORY INTENT |
32 Georgetown Environmental Law Review 421 (Winter, 2020) |
Environmental racism involves the federal government's sponsorship or licensing of private entities that discharge environmental hazards (such as air pollution flowing from nuclear power plants) in communities largely comprised of minority races or ethnicities. It also includes federal funding of state agencies involved with these private projects.... |
2020 |
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| Leonard Mukosi |
RE-CONCEPTUALIZING THE INTERNATIONAL HUMAN RIGHT TO HEALTH: AN ANALYSIS OF THE TRENDS IN DEVELOPING AND DEVELOPED COUNTRIES' RESPONSES TO SUBSTANCE USE DISORDERS |
22 San Diego International Law Journal 41 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 42 II. Understanding Drug Addiction. 43 A. Addiction Crisis in Zimbabwe. 46 1. Zimbabwe's Substance Abuse Policy and Law. 47 B. Addiction Crisis in the United States of America. 51 1. The American Criminal Justice System and Drug Addiction. 52 2. The American Federal Health Care System and Addiction. 55 3.... |
2020 |
Yes |
| Leah Litman |
REDEFINING REPRODUCTIVE RIGHTS AND JUSTICE |
118 Michigan Law Review 1095 (April, 2020) |
Reproductive Rights and Justice Stories. Edited by Melissa Murray, Katherine Shaw and Reva B. Siegel. Foundation Press. 2019. Pp. 265. $54. The 2016 presidential election was a critical moment for reproductive rights and justice. The Republican Party platform promised Supreme Court appointments [that] will enable courts to begin to reverse the... |
2020 |
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| Steven M. Salky , Joshua A. Levy , Email stevensalky@gmail.com, Levy Firestone Muse LLP, Washington, DC, 202-845-3215, Email jal@levyfirestone.com, Website www.levyfirestone.com |
REFORMING POLICE USE OF DEADLY FORCE TO ARREST |
44-JUN Champion 52 (June, 2020) |
The killing of George Floyd by a police officer during an arrest for the alleged passing of a counterfeit $20 bill has reignited the long-standing call for reforming police practices. Central to the Floyd case, as well as numerous other arrests of unarmed Black men that have spiraled into death, is the issue of when police are authorized to use... |
2020 |
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| Elif Kavusturan, S.J.D. |
REFORMING U.S. PATENT LAW TO ENABLE ACCESS TO ESSENTIAL MEDICINES IN THE ERA OF ARTIFICIAL INTELLIGENCE |
18 Northwestern Journal of Technology & Intellectual Property 51 (November, 2020) |
Abstract--The patent system has long been criticized for limiting access to pharmaceuticals. Patents grant inventors a limited period of exclusivity with an attempt to allow recoupment of investments in the invention process. In the pharmaceutical industry, this exclusivity and the resulting lack of competition leads to exorbitant prices. High... |
2020 |
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| Arden Rowell |
REGULATING BEST-CASE SCENARIOS |
50 Environmental Law 1105 (Winter 2020) |
Over the last decade, an increasingly robust interdisciplinary literature has developed to guide policymakers in managing worst-case scenarios-- catastrophes, natural hazards, disasters, and ecological collapse. As of yet, however, there is no reciprocal literature for the opposite of such catastrophic risk: for regulating and managing phenomena... |
2020 |
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| Mary Crossley |
REPRODUCING DIGNITY: RACE, DISABILITY, AND REPRODUCTIVE CONTROLS |
54 U.C. Davis Law Review 195 (November, 2020) |
C1-2Table of Contents Introduction. 197 I. Historical Parallels: Eugenics-Era Controls on Reproduction. 203 A. Sorting Stock. 204 B. Public Health, Prejudice, and Policy. 205 II. Eugenics 2.0: Contemporary Parallels in the Experiences of Black and Disabled Women. 209 A. Persistent Stereotypes. 210 B. Contemporary Parallels: Interference with... |
2020 |
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| Monica Cosby , Annalise Buth |
RESTORATIVE REVELATIONS |
17 University of Saint Thomas Law Journal 81 (Fall, 2020) |
A novel coronavirus and endemic racism are cracking the foundations of the United States of America. In October 2019, while participating in the University of St. Thomas Law Journal Symposium Restorative Justice, Law & Healing, we never dreamt that months later a viral pandemic would be devastating the world. There have been over sixty-three... |
2020 |
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| Brietta R. Clark , Elizabeth Pendo , Gabriella Garbero , Professor, Loyola Law School, Los Angeles, CA, Professor, Saint Louis University School of Law, Saint Louis, MO, Saint Louis University School of Law, Class of 2021, Saint Louis, MO |
SEX-BASED DISCRIMINATION IN HEALTHCARE UNDER SECTION 1557: THE NEW FINAL RULE AND SUPREME COURT DEVELOPMENTS |
33 Health Lawyer 5 (October, 2020) |
One of the primary goals of the Patient Protection and Affordable Care Act (PPACA) has been the reduction and elimination of health disparities, generally defined as population-level health differences that adversely affect disadvantaged groups, including disparities associated with sex and gender. Many of PPACA's general provisions--expanded... |
2020 |
Yes |
| Daniela Tenjido |
SHUT UP AND DRIBBLE: THE RACIAL SUBORDINATION OF THE BLACK PROFESSIONAL ATHLETE |
33 Saint Thomas Law Review 27 (Fall, 2020) |
Most popular sports in the U.S. today are dominated by Black athletes. The professional Black athlete today has opportunities that the majority of his non-athlete counterparts do not. Judging objectively, professional Black athletes made it. Lucrative lifestyles and international fame, however, has come at a high price in recent years. In the era... |
2020 |
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| Namrata Kakade |
SLOSHING THROUGH THE FACTBOUND MORASS OF REASONABLENESS: PREDICTIVE ALGORITHMS, RACIALIZED POLICING, AND FOURTH AMENDMENT USE OF FORCE |
88 George Washington Law Review 788 (May, 2020) |
The Supreme Court developed the Fourth Amendment doctrine of reasonableness during a time before big data technology had lent itself to powerful algorithms that police could use to predict the likelihood of criminal activity. Now, police are able to use presumably objective algorithms that assign individuals dangerousness scores based on racially... |
2020 |
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| Victoria Bethel |
STATE MEDICAID REIMBURSEMENT FOR REMOTE PATIENT MONITORING AND INTERACTIVE COMMUNICATION WILL HELP REDUCE HEALTH CARE GAP AMONG BLACK AND WHITE PEOPLE WITH PREEXISTING CONDITIONS THAT PUT THEM AT INCREASED RISK OF SEVERE ILLNESS FROM COVID-19 |
30 Annals of Health Law Advance Directive 129 (Fall, 2020) |
In the United States, black people with preexisting conditions are disproportionately facing the COVID-19 death sentence. According to the Centers for Disease Control and Prevention, as of August 2020, black people have a 2.6 times higher contraction rate, 4.7 times higher hospitalization rate, and 2.1 times higher death rate from COVID-19 than... |
2020 |
Yes |
| Adrian Slipski |
STAYING HEALTHY IN A PANDEMIC: HOW THE COVID-19 EMERGENCY HAS STRENGTHENED BARRIERS TO HEALTHCARE FOR CALIFORNIA'S VULNERABLE POPULATIONS |
68 UCLA Law Review Discourse 176 (2020) |
COVID-19 has completely refashioned our healthcare landscape and day-to-day lives. During the pandemic, we have all transitioned to a new normal which includes remote work, navigating health insurance options after losing employment or becoming underemployed, and partaking in cautious outings outside of our homes equipped with face masks, gloves,... |
2020 |
Yes |
| Kyle C. Velte |
STRAIGHTWASHING THE CENSUS |
61 Boston College Law Review 69 (January, 2020) |
Introduction. 70 I. The How and Why of Government Population Data Collection. 75 A. How the Government Collects Data: The Census and the American Community Survey. 76 B. Why the Government Collects Data. 79 C. Census and ACS Focus on Particular Subpopulations. 81 II. The Identity Undercount: Sexual Orientation and Gender Identity. 83 A. The History... |
2020 |
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