| Author | Title | Citation | Summary | Year | Key Terms |
| Vincent R. Johnson II, M.A. |
SAMPLING AS TRANSFORMATION: RE-EVALUATING COPYRIGHT'S TREATMENT OF SAMPLING TO END ITS DISPROPORTIONATE HARM ON BLACK ARTISTS |
70 American University Law Review Forum 227 (May, 2021) |
The copyright doctrine governing the creation, publication, and sale of sample-based music makes it devastatingly expensive for artists to clear the samples that they use in their music. Consequently, most artists, aside from established artists with access to the deep pockets of their record labels, simply cannot afford to produce and release... |
2021 |
|
| Thalia González , Emma Kaeser |
SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE |
74 SMU Law Review Forum 118 (August, 2021) |
Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... |
2021 |
|
| Deseriee Kennedy |
SEEKING ECONOMIC JUSTICE IN THE FACE OF ENDURING RACISM |
33 Loyola Consumer Law Review 339 (2021) |
In 1967, Dr. Martin Luther King, Jr. gave a speech to Stanford University students about economic injustice titled The Other America. In that speech, Dr. Martin Luther King, Jr. stated that there are literally two Americas. One America is beautiful . in this America millions of young people grow up in the sunlight of opportunity. But tragically... |
2021 |
|
| Emily A. Benfer , James Bhandary-Alexander , Yael Cannon , Medha D. Makhlouf , Tomar Pierson-Brown |
SETTING THE HEALTH JUSTICE AGENDA: ADDRESSING HEALTH INEQUITY & INJUSTICE IN THE POST-PANDEMIC CLINIC |
28 Clinical Law Review 45 (Fall, 2021) |
The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States--including in access to justice,... |
2021 |
|
| Gail Heriot, Alexander Heideman |
SHOULD THE SUPREME COURT TAKE NOTE OF "TH' ILICTION RETURNS" NEXT TIME IT ADDRESSES RACE-PREFERENTIAL ADMISSIONS POLICIES? |
22 Federalist Society Review 72 (March 23, 2021) |
Civil Rights Practice Group Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the authors. Whenever we publish an article that advocates for a particular position, we offer links to other perspectives on the issue, including ones opposed to the... |
2021 |
|
| Maja Tosic |
SHUTTING DOWN THE SCHOOL-TO-PRISON PIPELINE |
94 Southern California Law Review Postscript 80 (April, 2021) |
When a student misbehaves, race plays a role in how harshly the student is disciplined. Given the long history of racial discrimination in the United States, as well as prevalent implicit biases, Black and Latino students are disciplined at higher rates with stiffer punishments than their white peers. This higher level of discipline leads to a... |
2021 |
Yes |
| R.A. Lenhardt , Kimani Paul-Emile |
SKIMMED MILK: REFLECTIONS ON RACE, HEALTH, AND WHAT FAMILIES TELL US ABOUT STRUCTURAL RACISM |
57 California Western Law Review 231 (Spring, 2021) |
Andrea Freeman's excellent book, Skimmed: Breastfeeding, Race, and Injustice, offers a complex and nuanced account of the racial politics of breastfeeding and the problem of food insecurity more broadly. Freeman analyzes these issues through the lens of the Fultz family, whose quadruplet daughters sit at the center the book. Weaving together... |
2021 |
|
| Andrea Freeman |
SKIMMED REVISITED |
57 California Western Law Review 331 (Spring, 2021) |
I did not get the chance to visit Reidsville, North Carolina, until after I submitted the last edits on Skimmed. Within minutes of setting foot in the town, I understood how such a terrible thing could have happened to the Fultz sisters there, in their birthplace. My first stop was Annie Penn Memorial Hospital (now Cone Health), where Annie Mae... |
2021 |
|
| Amanda Charbonneau , Jack Glaser |
SUSPICION AND DISCRETION IN POLICING: HOW LAWS AND POLICIES CONTRIBUTE TO INEQUITY |
11 UC Irvine Law Review 1327 (August, 2021) |
Introduction. 1327 I. Police Stops and Searches. 1328 A. The Reasonable Suspicion Standard. 1328 B. Police Department Policies. 1331 II. Human Judgment and Disparate Treatment. 1334 A. California Law Enforcement Agencies. 1338 B. New York City Police Department. 1342 C. United States Customs. 1344 D. Discussion and Limitations. 1345 IV. Reimagining... |
2021 |
|
| A. Mechele Dickerson |
SYSTEMIC RACISM AND HOUSING |
70 Emory Law Journal 1535 (2021) |
After the Great Depression and World War II, political leaders in this country enacted laws and adopted policies that made it easy for families to buy homes and increase their household wealth. This housing relief was limited to whites, though. Blacks and Latinos have always struggled to buy homes or even find safe and affordable rental housing.... |
2021 |
Yes |
| Ruqaiijah Yearby , Seema Mohapatra |
SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 |
70 Emory Law Journal 1419 (2021) |
During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... |
2021 |
|
| Kimberly Mutcherson |
TAKING OUR SPACE: WOMEN OF COLOR AND ANTIRACISM IN LEGAL ACADEMIA |
73 Rutgers University Law Review 869 (Spring, 2021) |
[I]f I didn't define myself for myself, I would be crunched into other people's fantasies for me and eaten alive. Space--physical and metaphorical--is at the center of the collection of essays by women of color law professors and deans in this volume. The authors wrote their essays in contemplation of a roundtable discussion held virtually at... |
2021 |
|
| Bridget J. Crawford , Wendy C. Gerzog |
TAX BENEFITS, HIGHER EDUCATION, AND RACE: A GIFT TAX PROPOSAL FOR DIRECT TUITION PAYMENTS |
72 South Carolina Law Review 783 (Spring, 2021) |
I. Introduction. 784 II. Higher Education Costs. 791 A. Tuition and Fees. 791 B. Student Debt and Loan Repayment. 792 III. Tax Benefits for Higher Education. 794 A. Overview of Income Tax Benefits. 794 B. Overview of Wealth Transfer Tax Benefits. 796 C. Tax Expenditures for Education. 799 IV. Aproposal to Eliminate Tax Benefits for Direct Payments... |
2021 |
|
| Shayak Sarkar |
TAX LAW'S MIGRATION |
62 Boston College Law Review 2209 (October, 2021) |
Introduction. 2210 I. Historic Taxation to Shape Migration and Migrants. 2216 A. Colonies of Migrant Taxation. 2217 B. Taxation and Migration Beyond the Colonies. 2219 C. Modern Migration and the Public Fisc. 2223 II. Contemporary Instances of Tax Law's Migration. 2227 A. Pandemic Relief. 2227 1. Round One of Pandemic Relief and Constitutional... |
2021 |
|
| Mekonnen Firew Ayano |
TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET |
28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) |
Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... |
2021 |
|
| Benjamin Afton Cavanaugh |
TESTING PRIVILEGE: COACHING BAR TAKERS TOWARDS "MINIMUM COMPETENCY" DURING THE 2020 PANDEMIC |
23 Scholar: St. Mary's Law Review on Race and Social Justice 357 (2021) |
I. The History of the Bar Exam as a Tool of Exclusion. 364 A. The Rise of the Modern Bar Exam. 365 B. An Ongoing Tool for Exclusion. 375 C. The 2020 Problem. 379 II. Coaching for Bar Success in a Pandemic. 387 Conclusion. 408 |
2021 |
|
| Pedro A. Malavet |
THE ACCIDENTAL CRIT III: THE UNBEARABLE LIGHTNESS OF BEING . PEDRO? |
22 Rutgers Race & the Law Review 247 (2021) |
C1-2Table of Contents I. Introduction: Names, Titles and Academic Survival. 249 II. How did you get to your current position?. 255 III. Why did you stay?. 281 IV. Conclusion: Reveling in Law Geekness. 289 |
2021 |
|
| Nicci Arete |
THE BAR EXAM'S CONTRIBUTION TO SYSTEMIC INEQUALITIES IN ACCESS TO JUSTICE AROUND THE WORLD |
30 Washington International Law Journal 324 (March, 2021) |
Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession's goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the... |
2021 |
|
| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 California Law Review 1959 (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
Yes |
| Eddie Bernice Johnson , Lawrence J. Trautman |
THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA |
48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) |
During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... |
2021 |
|
| Janel A. George |
THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION |
22 Rutgers Race & the Law Review 189 (2021) |
Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... |
2021 |
|
| Ezra Rosser |
THE EUCLID PROVISO |
96 Washington Law Review 811 (October, 2021) |
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous... |
2021 |
|
| Mirit Eyal-Cohen |
THE ILLUSORY PROMISE OF FREE ENTERPRISE: A PRIMER TO PROMOTING RACIALLY DIVERSE ENTREPRENEURSHIP |
70 Emory Law Journal 1577 (2021) |
The U.S. Census reports that Minority business ownership exceeds the corresponding racial makeup of U.S. demographics. Based on these figures, the principle of free enterprise seems to be acting on equal grounds. Could entrepreneurship be the social panacea for abolishing racial biases and the inequality gap? This Essay argues that this parity of... |
2021 |
|
| Michelle A. Kain |
THE IMPACT OF MARIJUANA DECRIMINALIZATION ON LEGAL PERMANENT RESIDENTS: WHY LEGALIZING MARIJUANA AT THE FEDERAL LEVEL SHOULD BE A HIGH PRIORITY |
62 Boston College Law Review 2057 (June, 2021) |
Although the federal government has remained firmly committed to prohibiting marijuana, many states have legalized the drug for either medical or recreational use. Others have merely decriminalized it, lowering the penalties associated with its use such that defendants charged with marijuana-related offenses are less likely to face... |
2021 |
|
| Ian Ayres , Brendan Costello , Elizabeth Villarreal |
THE IMPACT OF STUDENT ASSISTANCE ON THE GRANTING AND SERVICE OF TEMPORARY RESTRAINING ORDERS |
53 Connecticut Law Review 235 (May, 2021) |
Temporary Restraining Orders (TROs) provide victims of domestic violence temporary ex parte court-ordered protection against further abuse. Because the vast majority of TRO applications are filed pro se, legal and logistical hurdles often prevent deserving applicants from receiving the legal protection to which they are entitled. Chief among... |
2021 |
|
| Lance Currie, Amy Iannone, Claudia Mandato |
THE INTERSECTION OF INCLUSION, DIVERSITY, AND RISK MANAGEMENT IN THE CONSTRUCTION INDUSTRY |
41-WTR Construction Lawyer 23 (Winter, 2021) |
Many construction companies are embracing the need for a vibrant and diverse workforce, making strong efforts to build diverse and inclusive cultures. Study after study shows profitability and ingenuity are directly tied to inclusivity and diversity, as diverse peoples spark innovative ideas. Beyond the benefits, companies also recognize the risks... |
2021 |
|
| Yong-Shik Lee |
THE LAST CALL FOR CIVIL RIGHTS: TOWARD ECONOMIC EQUALITY |
37 Georgia State University Law Review 1265 (Summer, 2021) |
Over six decades have passed since the civil rights movement began in the mid-1950s, but American society has not yet fully realized the promise of the civil rights movement, which at its core embodies the protection and promotion of equity and dignity of all people. Despite the historic improvements that accord the legal protection of equal rights... |
2021 |
|
| David E. Bernstein |
THE MODERN AMERICAN LAW OF RACE |
94 Southern California Law Review 171 (January, 2021) |
C1-2TABLE OF CONTENTS INTRODUCTION. 172 I. THE MODERN HISTORY OF FEDERAL RACIAL AND ETHNIC CATEGORIES. 187 A. Pre-1964: Official Minority Categories Emerge. 187 B. The 1964 Civil Rights Act and its Aftermath. 190 C. The Nixon Administration: The Philadelphia Plan, the Small Business Administration, the Interagency Commission, and the Origins of the... |
2021 |
|
| Aníbal Rosario Lebrón |
THE OUROBOROS OF IDENTITY POLITICS |
30 Tulane Journal of Law & Sexuality 131 (2021) |
The major events of 2020, from the significant support of Black Lives Matter (BLM), the never-ending controversies over the use of Latinx, the elections, the decision in Bostock v. Clayton County, to the response to the COVID-19 pandemic, seem to be inextricably linked to identity politics. Throughout the year, we have been constantly immersed in... |
2021 |
Yes |
| Jennifer M. Bartlett, Tina M. Zottoli , Department of Psychology, Montclair State University |
THE PARADOX OF CONVICTION PROBABILITY: MOCK DEFENDANTS WANT BETTER DEALS AS RISK OF CONVICTION INCREASES |
45 Law and Human Behavior 39 (February, 2021) |
Objective: We examined how probability of conviction affects the maximum plea sentence mock defendants will accept. Hypothesis: Relying on Prospect Theory (Kahneman & Tversky, 1979), we hypothesized that, relative to the expected value of trial, participants would need increasingly better sentences as conviction probability increased and would... |
2021 |
|
| Carina Miller |
THE PARADOX OF S.B. 1421: A NEW TOOL TO SHED LIGHT ON POLICE MISCONDUCT AND A PERVERSE INCENTIVE TO COVER IT UP |
49 Southwestern Law Review 537 (2021) |
Police forces across the country have found themselves under scrutiny in recent years, often because of incidents involving shootings and use of excessive force. The media and the public often focus on whether prosecutors charge the officers involved. Lately, however, a related issue has received similar attention: the fact that privacy laws in... |
2021 |
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| Allyson L. Dir, Lauren A. Magee , Richelle L. Clifton , Fangqian Ouyang, Wanzhu Tu, Sarah E. Wiehe, Matthew C. Aalsma , Indiana University School of Medicine, Indiana University Purdue University-Indianapolis, Indiana University School of Medicine |
THE POINT OF DIMINISHING RETURNS IN JUVENILE PROBATION: PROBATION REQUIREMENTS AND RISK OF TECHNICAL PROBATION VIOLATIONS AMONG FIRST-TIME PROBATION-INVOLVED YOUTH |
27 Psychology, Public Policy, and Law 283 (May, 2021) |
Technical probation violations are common among probation-involved youth and, across many jurisdictions, may result in detention or residential placement. The current study examined prevalence of technical violations occurring during one's first probation period, the average time to technical violation, and individual-level and justice-related... |
2021 |
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| Ming Hsu Chen |
THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN THE CENSUS |
96 New York University Law Review 901 (October, 2021) |
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants' rights but based on their rights as current and future... |
2021 |
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| Ming H. Chen , Hunter Knapp |
THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN VOTING |
92 University of Colorado Law Review 715 (Summer, 2021) |
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of... |
2021 |
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| Michelle J. Kostyack |
THE PREVALENCE OF ADVERSE CHILDHOOD EXPERIENCES (ACES) AND THE NEED FOR EFFECTIVE REENTRY PROGRAMMING CALLS FOR THE IMPLEMENTATION OF AN ACES APPROACH TO ADULT OFFENDER REENTRY EFFORTS |
52 Seton Hall Law Review 649 (2021) |
As an undergraduate student interning in a mental health and addiction services unit within an all-male correctional facility, I expected to learn about effective programming and how addiction plays a role in crime and the so-called criminal lifestyle. Instead, what struck me was the level of mental, physical, and emotional trauma that is so... |
2021 |
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| David G. Maxted |
THE QUALIFIED IMMUNITY LITIGATION MACHINE: EVISCERATING THE ANTI-RACIST HEART OF § 1983, WEAPONIZING INTERLOCUTORY APPEAL, AND THE ROUTINE OF POLICE VIOLENCE AGAINST BLACK LIVES |
98 Denver Law Review 629 (Spring, 2021) |
This Article makes the case that twin plagues endemic to American law--the routine of police violence and its unequal impact on Black lives and other people of color--are rooted in the invention and application of qualified immunity by the courts and the legal profession. For the past four decades, the Supreme Court has eroded civil rights... |
2021 |
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| Jowei Chen, Nicholas O. Stephanopoulos |
THE RACE-BLIND FUTURE OF VOTING RIGHTS |
130 Yale Law Journal 862 (February, 2021) |
A critical issue in any racial vote-dilution case is the proportionality (or lack thereof) of a minority group's representation: how well (or poorly) minority voters are represented relative to their share of the population. In an important recent opinion, Judge Easterbrook proposed replacing this proportionality benchmark with what we... |
2021 |
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| Ian F. Tapu |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
56 Gonzaga Law Review 529 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
2021 |
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| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
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| Mathilde Cohen |
THE RIGHT TO EXPRESS MILK |
33 Yale Journal of Law & Feminism 47 (2021) |
Breastfeeding in public has become more accepted, but milk expression--defined as removing milk from the breasts manually or using a breast pump--continues to be seen as a distasteful bodily function analogous to urination or sex, which should be confined to the private sphere. Few states explicitly exempt milk expression from their... |
2021 |
|
| John D. Bessler |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
61 Santa Clara Law Review 467 (2021) |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
2021 |
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| James Naughton |
THE SCHOOL FOIA PROJECT: UNCOVERING RACIAL DISPARITIES IN SCHOOL DISCIPLINE AND HOW TO RESPOND |
52 Loyola University Chicago Law Journal 1045 (Summer, 2021) |
Since 1984, Illinois has had a Freedom of Information Act law on the books that allows anyone--including educational advocates--to request public records. This creates a useful avenue to access and review records for any public entity, including public school districts. This Article proposes that FOIA creates a powerful pathway for educational... |
2021 |
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| Ronald F. Wright , Jenny Roberts , Betina Cutaia Wilkinson |
THE SHADOW BARGAINERS |
42 Cardozo Law Review 1295 (July, 2021) |
Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate. This Article looks into the bargaining part of plea bargaining. It reports on the responses of over 500 public defenders who participated in our nationwide survey about their... |
2021 |
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| Zoe R. Feingold, Department of Psychology, Fordham University |
THE STIGMA OF INCARCERATION EXPERIENCE: A SYSTEMATIC REVIEW |
27 Psychology, Public Policy, and Law 550 (November, 2021) |
Individuals who have been incarcerated experience unparalleled health and economic disparities. Stigma, defined as a social phenomenon in which labeling, separation, and discrimination occur together in a power situation that allows them (Link & Phelan, 2001), may be a central cause of the social inequalities that formerly incarcerated persons face... |
2021 |
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| Brence D. Pernell |
THE THIRTEENTH AMENDMENT AND EQUAL EDUCATIONAL OPPORTUNITY |
39 Yale Law and Policy Review 420 (Spring, 2021) |
Inequities for Black Americans, including educational ones, are now often rooted in neutral policies--ones facially innocent, but effectively discriminatory. This Article helps establish the Thirteenth Amendment as a viable alternative in antidiscrimination law for challenging such policies. While undoing these policies has traditionally been the... |
2021 |
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| Angela Onwuachi-Willig |
THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? |
58 Houston Law Review 817 (Symposium, 2021) |
The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... |
2021 |
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| Michele Goodwin , Erwin Chemerinsky |
THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 |
169 University of Pennsylvania Law Review 313 (January, 2021) |
Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... |
2021 |
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| Tom Saviski |
THOSE CAUGHT IN BETWEEN: WHY THE GOVERNMENT MUST SAFEGUARD THE PATIENTS WHO RELY ON INDEPENDENT CHARITY PATIENT ASSISTANCE PROGRAMS |
30 Annals of Health Law Advance Directive 261 (Spring, 2021) |
Independent Charity Patient Assistance Programs (PAPs) are programs operated by charitable entities separate from pharmaceutical manufacturers which serve to provide financial assistance to patients who struggle to afford their premiums or cost-sharing obligations. Since 2015, large drug manufacturers have been subject to lawsuits by the... |
2021 |
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| Robin Walker Sterling |
THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT |
120 Michigan Law Review 451 (December, 2021) |
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social... |
2021 |
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| Troy A. Rule |
TOWARD A MORE STRATEGIC NATIONAL STOCKPILE |
9 Texas A&M Law Review 49 (Fall, 2021) |
The COVID-19 pandemic exposed major deficiencies in the United States' approach to stockpiling for emergencies. States, cities, and hospitals across the country had meager inventories of critical medical items on hand when the pandemic first reached U.S. soil, and the federal government's Strategic National Stockpile proved far too small to serve... |
2021 |
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