| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Fulton Wald |
DISASTERS LYING IN WAIT: OVER-MEDICALIZATION OF THE BIRTHING PROCESS AND THE LIFESAVING PRACTICE OF MIDWIFERY |
111 Georgetown Law Journal 145 (October, 2022) |
C1-2Table of Contents Introduction. 146 I. The Dangers Black Patients Face Within Healthcare Institutions. 148 a. background. 149 b. modern impact of the u.s. legacy of reproductive racism. 152 c. alabama. 154 II. Licensing and Integration of Midwives. 156 a. licensing difficulties for midwives. 156 b. pennsylvania. 158 c. washington. 159 III.... |
2022 |
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| Leah M. Litman |
DISPARATE DISCRIMINATION |
121 Michigan Law Review 1 (October, 2022) |
This Article explains and analyzes a recent trend in the Supreme Court's cases regarding unintentional discrimination, where the argument is that a law has the effect of producing a disadvantage on members of a particular group. In religious discrimination cases, the Court has held that a law is presumptively unconstitutional if the law results in... |
2022 |
Yes |
| Jonathan Kahn, JD, PhD |
DIVERSITY'S PANDEMIC DISTRACTIONS |
32 Health Matrix: Journal of Law-Medicine 149 (2022) |
Pandemic diseases have a nasty history of racialization. COVID-19 is no exception. Beyond the obvious racist invocations of the China virus or the Wuhan Flu are subtler racializing dynamics that are often veiled in more benign motives but are nonetheless deeply problematic. The racialization of COVID-19 proceeded along two distinct trajectories... |
2022 |
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| Jennifer D. Oliva |
DOSING DISCRIMINATION: REGULATING PDMP RISK SCORES |
110 California Law Review 47 (February, 2022) |
Prescription drug monitoring program (PDMP) predictive surveillance platforms were designed for--and funded by--law enforcement agencies. PDMPs use proprietary algorithms to determine a patient's risk for prescription drug misuse, diversion, and overdose. The proxies that PDMPs utilize to calculate patient risk scores likely produce artificially... |
2022 |
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| Mickaela J. Fouad |
DOWN AND DIRTY: REMEDIES AND REPARATIONS FOR INTERSECTED ENVIRONMENTAL AND REPRODUCTIVE JUSTICE |
87 Brooklyn Law Review 1423 (Summer, 2022) |
In 2016, Flint, Michigan's water crisis captured the nation's attention and prompted widespread conversations concerning environmental racism. In the fall of 2021, claims, including a class action suit, brought by city residents culminated in a historic $626 million award. But today, even after this settlement, many Flint residents still mistrust... |
2022 |
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| Chris Brummer , Leo E. Strine, Jr. |
DUTY AND DIVERSITY |
75 Vanderbilt Law Review 1 (January, 2022) |
In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (DEI) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical... |
2022 |
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| Jill M. Fraley |
EMINENT DOMAIN AND UNFETTERED DISCRETION: LESSONS FROM A HISTORY OF U.S. TERRITORIAL TAKINGS |
126 Penn State Law Review 609 (Spring, 2022) |
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns... |
2022 |
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| Kelly K. Dineen, Elizabeth Pendo |
ENGAGING DISABILITY RIGHTS LAW TO ADDRESS THE DISTINCT HARMS AT THE INTERSECTION OF RACE AND DISABILITY FOR PEOPLE WITH SUBSTANCE USE DISORDER |
50 Journal of Law, Medicine & Ethics 38 (Spring, 2022) |
Keywords: Substance Use Disorder, Racism, Disability, Rights Law, Health Inequities, Intersectionality Abstract: This article examines the unique disadvantages experienced by Black people and other people of color with substance use disorder in health care, and argues that an intersectional approach to enforcing disability rights laws offer an... |
2022 |
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| Michael R. Ulrich |
E-RACING TOBACCO & NICOTINE-RELATED HEALTH DISPARITIES |
77 Food & Drug Law Journal 219 (2022) |
In the past, tobacco companies used targeted advertising to integrate menthol cigarettes and addict the Black community, generating tobacco-related health disparities. As Juul has come under attack, they have utilized the tobacco playbook to protect itself and deflect criticism by donating to a historically Black medical school and recruiting... |
2022 |
Yes |
| Daniel A. Kracov |
EUGENICS AND THE DEVELOPMENT OF U.S. FOOD AND DRUG LAW |
77 Food & Drug Law Journal 135 (2022) |
The Food and Drug Administration (FDA) and its core statutory authorities have a complex and storied history. Historians and lawyers recounting the agency's early development--which roughly spanned from the debates culminating in the Pure Food and Drug Act of 1906 to the enactment of the Federal Food, Drug, and Cosmetic Act of 1938--typically cite... |
2022 |
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| Wangui Muigai |
FRAMING BLACK INFANT AND MATERNAL MORTALITY |
50 Journal of Law, Medicine & Ethics 85 (Spring, 2022) |
Keywords: Race, Birth, Infant Death, Maternal Death, Health Disparities Abstract: This article looks to the past to consider how government officials, health professionals, and legal authorities have historically framed racial disparities in birth and the lasting impact these explanations have had on Black birthing experiences and outcomes. In the... |
2022 |
Yes |
| Alexandra Klass, Joshua Macey, Shelley Welton, Hannah Wiseman |
GRID RELIABILITY THROUGH CLEAN ENERGY |
74 Stanford Law Review 969 (May, 2022) |
Abstract. In the wake of recent high-profile power failures, policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme... |
2022 |
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| Marie Carp |
HEALTH IN ALL POLICIES: AN APPROACH TO COMBATTING RACISM'S IMPACT ON PUBLIC HEALTH |
67 Wayne Law Review 457 (Winter, 2022) |
I. Introduction. 457 II. Background. 460 A. Racism as a Public Health Crisis. 460 B. Governor Whitmer's Executive Directive. 462 1. Data Collection and Analysis. 463 2. Policy and Planning. 463 3. Engagement, Communication, and Advocacy. 464 4. Implicit Bias Training. 464 C. Proposed Policies and Legislation in Michigan. 465 D. Other State and... |
2022 |
Yes |
| Elenore Wade |
HEALTH INJUSTICE IN THE LABORATORIES OF DEMOCRACY |
29 Georgetown Journal on Poverty Law and Policy 177 (Winter, 2022) |
A growing majority of Americans support the implementation of a national single-payer healthcare program, also known as Medicare for All, which would shift payments for healthcare services to a single public payer and provide care based on need rather than ability to pay. However, legislators, scholars, and advocates have suggested state... |
2022 |
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| Katie M. DeAngelis |
HEPATITIS C TREATMENT IN PRISONS: HOW THE SIXTH CIRCUIT'S INTERPRETATION OF THE DELIBERATE INDIFFERENCE STANDARD FAILS TO PROTECT HEALTHCARE RIGHTS UNDER THE EIGHTH AMENDMENT |
101 North Carolina Law Review 253 (December, 2022) |
The conditions within U.S. prisons have long been a concern among human rights advocates and a source of litigation under the Eighth Amendment. While an issue long before COVID-19, the pandemic brought the state of healthcare services in prisons to the public's attention. Many people incarcerated in state and federal prisons suffer from chronic... |
2022 |
Yes |
| Frazer A. Tessema , Ameet Sarpatwari , Leah Z. Rand , Aaron S. Kesselheim XXc |
HIGH-PRICED SICKLE CELL GENE THERAPIES THREATEN TO EXACERBATE US HEALTH DISPARITIES AND ESTABLISH NEW PRICING PRECEDENTS FOR MOLECULAR MEDICINE |
50 Journal of Law, Medicine & Ethics 380 (Summer, 2022) |
Keywords: Sickle Cell Disease, Gene Therapy, Health Care Disparities, Drug Costs, Health Care Reform Abstract: Gene therapies to treat sickle cell disease are in development and are expected to have high costs. The large eligible population size--by far, the largest for a gene therapy--poses daunting budget challenges and threatens to exacerbate... |
2022 |
Yes |
| Deborah N. Archer |
HOW RACISM PERSISTS IN ITS POWER |
120 Michigan Law Review 957 (April, 2022) |
The Fire Next Time. By James Baldwin. New York: Dial Press. 1963 (Vintage International 1993 ed.). Pp. 110. $13.95. In 2020, the murder of George Floyd at the hands of police officers in Minneapolis, Minnesota, and the ravaging of Black communities occasioned by the COVID-19 pandemic and an inequitable public health infrastructure put the violence... |
2022 |
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| Rafik Wahbi, Leo Beletsky |
INVOLUNTARY COMMITMENT AS "CARCERAL-HEALTH SERVICE": FROM HEALTHCARE-TO-PRISON PIPELINE TO A PUBLIC HEALTH ABOLITION PRAXIS |
50 Journal of Law, Medicine & Ethics 23 (Spring, 2022) |
Keywords: Abolition, Public Health Law, Mental Health Treatment, Drug Policy, Health Services Research Abstract: Involuntary commitment links the healthcare, public health, and legislative systems to act as a carceral health-service. While masquerading as more humane and medicalized, such coercive modalities nevertheless further reinforce the... |
2022 |
Yes |
| Frank W. Munger, Carroll Seron |
LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA |
66 New York Law School Law Review 175 (2021/2022) |
EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... |
2022 |
yes |
| Alexander A. Boni-Saenz |
LEGAL AGE |
63 Boston College Law Review 521 (February, 2022) |
Introduction. 522 I. Three Models of Legal Age. 528 A. Chronology. 532 B. Biology. 534 C. Subjectivity. 537 II. Normative Assessment. 540 A. Accuracy. 541 B. Administrability. 545 C. Autonomy. 551 D. Antisubordination. 554 III. The Future of Legal Age. 561 A. Abolition. 562 B. Particularization. 565 C. Calibration. 567 Conclusion. 569 |
2022 |
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| To Nhu Huynh |
LEGAL EPIDEMIOLOGY FOR RACIAL HEALTH EQUITY |
21 Houston Journal of Health Law & Policy 411 (2022) |
Introduction. 413 I. The Need to Integrate Racial Health Equity Considerations into Policy-Making. 417 II. Legal Epidemiology: the Microscope to Study Laws. 420 III. Legal Epidemiology in Action. 426 A. Case Study 1: Tracking Legal Responses to COVID-19 in 51 Jurisdictions. 427 1. Efforts to Track Legal Responses to COVID-19. 427 2. Preliminary... |
2022 |
Yes |
| Michael Conklin |
LEGALITY OF EXPLICIT RACIAL DISCRIMINATION IN THE DISTRIBUTION OF LIFESAVING COVID-19 TREATMENTS |
19 Indiana Health Law Review 315 (2022) |
In 2021, the Federal Drug Administration released a statement advocating for race and ethnicity to be used in rationing lifesaving COVID-19 treatments. By January 2022, three states had implemented policies explicitly prioritizing treatments based on race, which resulted in multiple legal challenges. This Article analyzes the uphill battle such... |
2022 |
Yes |
| Melissa Murray |
LEGITIMIZING ILLEGITIMACY IN CONSTITUTIONAL LAW |
99 Washington University Law Review 2063 (2022) |
The traditional constitutional law course is a staple of the first-year law school curriculum and a gateway to more advanced public law courses. In constitutional law, students are introduced to a range of topics--separation of powers, judicial review, suspect classifications, and protections for individual rights, among others. But curiously, few... |
2022 |
|
| Zachary Parrish |
LOCKED UP AND LOCKED DOWN IN THE LAND OF THE FREE: A LOOK AT THE UNITED STATES' PRISONS AND COVID-19'S DISPROPORTIONATE EFFECT ON BLACK AMERICANS' RIGHT TO HEALTH |
37 American University International Law Review 391 (2022) |
I. INTRODUCTION. 393 II. BACKGROUND. 396 A. Racism in the United States: A Brief History. 396 i. Mass Incarceration. 396 ii. Systemic Racism. 399 B. COVID-19. 399 i. COVID-19's effect on Black Americans within prisons. 400 C. The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention). 405 i. Article 1:... |
2022 |
Yes |
| McKenzi B. Baker |
MADE WHOLE: THE EFFICACY OF LEGAL REDRESS FOR BLACK WOMEN WHO HAVE SUFFERED INJURIES FROM MEDICAL BIAS |
57 Harvard Civil Rights-Civil Liberties Law Review 321 (Summer, 2022) |
Kira Johnson died a preventable death when physicians at Cedars-Sinai Medical Center failed to adequately respond to hemorrhaging from what was supposed to be a routine cesarean section. After waiting twelve hours for imperative attention that could have saved her life, Kira's husband was callously told that she was just not a priority. Four hours... |
2022 |
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| Rob Kahn |
MASKS, CULTURE WARS, AND PUBLIC HEALTH EXPERTISE: CONFESSIONS OF A MASK "EXPERT" |
17 University of Saint Thomas Law Journal 900 (Spring, 2022) |
The arrival of COVID-19 has created a sea of change in how we view masks. As the author of an encyclopedia entry and law review article on anti-mask laws, I know this well. Over the past three months, reporters have been asking me about masks, the reluctance of Americans to wear them, and the red versus blue culture wars. This paper outlines my... |
2022 |
Yes |
| Deborah R. Farringer |
MEDICAID EXPANSION EXPECTATIONS |
124 West Virginia Law Review 821 (Spring, 2022) |
I. Introduction. 821 II. Background. 826 A. The Status of Rural Health. 826 B. Medicaid Expansion and Hospital Closure Risk. 831 C. Current Legislative Efforts. 834 III. Reaction to Existing Incentives and Pressures. 839 A. Political Landscape. 839 B. Impact of Medicaid Expansion. 843 IV. Argument. 845 V. Conclusion. 851 |
2022 |
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| Phoebe Jean-Pierre |
MEDICAL ERROR AND VULNERABLE COMMUNITIES |
102 Boston University Law Review 327 (February, 2022) |
More than two decades have passed since the influential report from the Institute of Medicine, To Err Is Human. Despite the report's spotlight on medical error, the issue persists and is presently the third leading cause of death in the United States. Aside from the physical, emotional, and mental harm to patients and their families, medical error... |
2022 |
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| Courtnee Melton-Fant |
NEW PREEMPTION AS A TOOL OF STRUCTURAL RACISM: IMPLICATIONS FOR RACIAL HEALTH INEQUITIES |
50 Journal of Law, Medicine & Ethics 15 (Spring, 2022) |
Keywords: Racism, Preemption, Health Disparities, State Government, Local Government Abstract: Preemption is a substantial threat to achieving racial equity. Since 2011, states have increasingly preempted local governments from enacting policies that can improve health and reduce racial inequities such as increasing minimum wage and requiring paid... |
2022 |
Yes |
| Simone Lieban Levine |
NOT A GIRL, NOT YET A WOMAN: THE LEGAL LIMBO OF BEING A PARENT BEFORE BECOMING AN ADULT |
37 Berkeley Journal of Gender, Law & Justice 75 (2022) |
Introduction. 76 I. The Reality of Underage Pregnancy. 80 A. Babies Having Babies: Blame, Shame, and Social Policy. 81 B. Putting It in Perspective: Statistics Related to Young Parenthood. 83 1. Social Outcomes for Young Parents and Their Children. 84 2. Birth Rates According to Age and Race. 85 3. Young Parenthood and Medical Care, Poverty, and... |
2022 |
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