AuthorTitleCitationSummaryYear
Benjamin H. Pollak "A NEW ETHNOLOGY": THE LEGAL EXPANSION OF WHITENESS UNDER EARLY JIM CROW 39 Law and History Review 513 (August, 2021) Scholars of race and law have long agreed that American courts protected whiteness as any other form of property by defining it in ways that increased its value by reinforcing its exclusivity. This narrative has proved particularly seductive to scholars of the postbellum South, who have emphasized the ways in which Southern jurists and... 2021
Jamila Jefferson-Jones "DRIVING WHILE BLACK" AS "LIVING WHILE BLACK" 106 Iowa Law Review 2281 (July, 2021) Black people have long faced obstacles when attempting to access the freedom of mobility represented by the open road. The phenomenon of Driving While Black is a manifestation of those obstacles. This Essay posits that the restriction of Black freedom through the racialization of space is the common thread that ties Driving While... 2021
Gregory S. Parks "WHEN THEY SEE US" THE GREAT WHITE AWAKENING TO BLACK HUMANITY 21 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2021) Why white folks focus on dogs and yoga, While people on the low end trying to ball and get over. In 2015, Damon Young, co-founder of Very Smart Brothas--a website that features essays on pop culture, politics, and humor for African American readers-- authored a piece titled Black People Don't Hate Dogs. We Just Hate When Their Lives Are Valued More... 2021
Nia A.D. Langley #SEEHERNAME: USING INTERSECTIONALITY AND STORYTELLING TO BRING VISIBILITY TO BLACK WOMEN IN EMPLOYMENT DISCRIMINATION AND POLICE BRUTALITY 14 DePaul Journal for Social Justice Just. 1 (Summer, 2021) C1-2Table of Contents I. Introduction. 2 II. Intersectionality. 4 III. Intersectional Challenges In 2021. 4 A. Employment Discrimination. 5 1. Intersectionality's Legal Status. 6 2. Hair Discrimination. 7 B. Police Brutality. 12 1. Black Women and Black Men Experience Police Brutality Similarly. 13 2. Black Women and Black Men Experience Police... 2021
Angela Onwuachi-Willig, Anthony V. Alfieri (RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 130 Yale Law Journal 2052 (June, 2021) This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... 2021
Christopher Burton 3/5THS TO 1/10TH, HOW TO MAKE BLACK AMERICA WHOLE: EXPLORING CONGRESSIONAL ACT H.R.40--COMMISSION TO STUDY AND DEVELOP REPARATION PROPOSALS FOR AFRICAN-AMERICANS ACT 54 UIC John Marshall Law Review 530 (Summer, 2021) I. Introduction. 530 II. Background. 535 A. What Is H.R. 40?. 535 B. Historic Economic Disparities Among Black and White Americans. 537 1. The New Deal and Jim Crow. 538 2. The Racist Execution of the G.I. Bill. 541 C. History of Past Proposed Reparation Acts in the United States.. 544 1. Reparations to Japanese Americans Interned During World War... 2021
Antoine Henderson A BLACK MAN'S P.O.M.E. (A PRODUCT OF MY ENVIRONMENT) 48 Fordham Urban Law Journal 681 (March, 2021) Introduction. 681 I. My Adolescent Stages. 682 II. Still a Boy. 686 III. A Grown Man. 687 IV. Here and Now. 691 A. COVID-19 at MDC Brooklyn. 692 B. COVID-19 at FCI Loretto. 694 Conclusion. 698 2021
Susan S. Kuo , Benjamin Means A CORPORATE LAW RATIONALE FOR REPARATIONS 62 Boston College Law Review 799 (March, 2021) Introduction. 800 I. Reparations and Ethical Individualism. 805 A. Arguments for Reparations. 805 B. Ethical Individualism. 807 C. Responses to Ethical Individualism. 811 1. Continuing Wrong. 811 2. Unjust Enrichment. 813 3. Moral Taint. 816 4. Collective Responsibility. 817 II. United States, Inc. 820 A. Consequences of Personhood. 821 B. The U.S.... 2021
Roger M. Stevens A LEGACY OF SLAVERY: THE CITIZEN'S ARREST LAWS OF GEORGIA AND SOUTH CAROLINA 72 South Carolina Law Review 1005 (Summer, 2021) I. Introduction. 1006 II. Citizen's Arrest Laws in Georgia and South Carolina. 1009 A. Reasonable Use of Force During a Citizen's Arrest. 1011 B. Out-of-Jurisdiction Arrests by Law Enforcement Officers. 1013 C. Shopkeeper's Privilege. 1014 III. Control: Slavery and the Black Population in Georgia and South Carolina. 1015 A. Slavery as a Key... 2021
Aderson Bellegarde François A LOST WORLD: SALLIE ROBINSON, THE CIVIL RIGHTS CASES, AND MISSING NARRATIVES OF SLAVERY IN THE SUPREME COURT'S RECONSTRUCTION JURISPRUDENCE 109 Georgetown Law Journal 1015 (April, 2021) It is the sound of vanishing--the music as it plays itself to silence, the train as it travels away, a voice left on magnetic tape. The Supreme Court tells stories about who and what we are--the sort of knowledge about [the] past that is shared, mutually acknowledged and reinforced by a collectivity. The Court is uniquely suited for this role:... 2021
D. Brock Hornby A MYSTERIOUS DISAPPEARANCE 24 Green Bag 327 (Summer, 2021) Macon Bolling Allen was this country's first African American lawyer. After being admitted to the Maine bar in Portland in 1844, he left for Boston and started law practice there in 1845. When the Civil War ended, he moved to Charleston, South Carolina, joined the nation's first African American law firm, and eventually became a judge. After... 2021
Shirley Duquene A TEMPORARY SOLUTION: USING THE FCPA TO CRIMINALIZE MODERN SLAVERY 39 Boston University International Law Journal 207 (Summer, 2021) Multinational corporations perpetuate and directly benefit from human rights abuses, such as modern slavery, in their supply chains. While many other countries have joined the trend of enacting anti-modern slavery legislation, under current federal United States law, it is difficult to hold corporations criminally liable for human rights abuses... 2021
ACBA Staff ACBA PLANS MULTIPLE VIRTUAL EVENTS TO CELEBRATE BLACK HISTORY MONTH 23 No. 3 Lawyers Journal 1 (1/29/2021) The COVID-19 pandemic isn't dampening the spirit of next month's Black History Month. It's just turning it into a virtual event. There's a lot that's going to be going on in February, said Alysia Keating, ACBA Director of Diversity and Gender Equality. I think that largely comes out of the social unrest of the summer. Keating added that while... 2021
Will Breland ACRES OF DISTRUST: HEIRS PROPERTY, THE LAW'S ROLE IN SOWING SUSPICION AMONG AMERICANS AND HOW LAWYERS CAN HELP CURB BLACK LAND LOSS 28 Georgetown Journal on Poverty Law and Policy 377 (Spring, 2021) In the last century, Black landownership has declined by roughly 90 percent. One agricultural attorney remarked of the phenomenon, I think the threat to Black-owned land is one of the biggest social issues of our time. The passing observer might hypothesize that the hemorrhaging of Black lands occurred in the distant past because of Jim Crow laws... 2021
Tiffany Li AN INCOMPLETE HISTORY OF EXCLUSION: MODERN AND CONTEMPORARY BLACK ART AND THE U.S. ART MUSEUM 30 Southern California Interdisciplinary Law Journal 795 (Spring, 2021) Who are the patrons of art, the museum board members, the collectors? Who is the audience for high culture? Who is allowed to interpret culture? Who is asked to make fundamental policy decisions? Who sets the priorities? Maurice Berger, Are Art Museums Racist? Historically white art museums have adopted policies of diversity and inclusion that are... 2021
Noah Epstein AN UNCERTAIN PARTICIPANT: VICTIM INPUT AND THE BLACK BOX OF DISCRETIONARY PAROLE RELEASE 90 Fordham Law Review 789 (November, 2021) Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement... 2021
Sabah H. Muhammad , J. Michael E. Gray AN UNTENABLE SPACE: THE DILEMMA OF BLACK FAMILIES CARING FOR A LOVED ONE WITH SEVERE MENTAL ILLNESS AND AN ARGUMENT FOR A LEGISLATIVE SOLUTION 53 Texas Tech Law Review 575 (Spring, 2021) I. Background: A Brief History of Mental Illness Treatment. 577 II. Families. 581 III. The Untenable Space: Race, Mental Illness, and Law Enforcement. 583 IV. Statutory Changes. 584 A. Clearly Define Dangerousness. 585 B. Include a Psychiatric Deterioration Standard. 587 C. Extend the Duration of the Emergency Hold Period to at Least 72 Hours. 589... 2021
T. Anansi Wilson AND WHAT OF THE "BLACK" IN BLACK LETTER LAW?: A BLAQUEER REFLECTION 30 Tulane Journal of Law & Sexuality 147 (2021) If slavery persists as an issue in the political life of black America, it is not because of an antiquarian obsession with bygone days or the burden of a toolong memory, but because black lives are still imperiled and devalued by a racial calculus and a political arithmetic that were entrenched centuries ago. This is the afterlife of slavery... 2021
Henry K. Chen APPLYING BRIGHT LINES TO THE "BLACK BOX": ARTICLE II POWERS AS A TOOL FOR REDUCING UNCERTAINTY IN CFIUS REVIEWS 28 George Mason Law Review 1181 (Spring, 2021) In May 2018, under increasing pressure to address Chinese technology theft, the Trump administration announced that it would take the unprecedented step of using executive powers to implement investment restrictions prohibiting the Chinese acquisition of advanced information and manufacturing technologies. A month later, the administration... 2021
Wim De Mulder , Peggy Valcke , Geneviève Vanderstichele , Joke Baeck ARE JUDGES MORE TRANSPARENT THAN BLACK BOXES? A SCHEME TO IMPROVE JUDICIAL DECISION-MAKING BY ESTABLISHING A RELATIONSHIP WITH MATHEMATICAL FUNCTION MAXIMIZATION 84 Law and Contemporary Problems 47 (2021) It can be safely considered common knowledge that it is difficult to consistently predict a judicial outcome. The term by which these situations are best described is legal uncertainty. Professor Anthony D'Amato defines legal uncertainty in a mathematical sense, as meaning that a legal rule is expected by informed attorneys to have an official... 2021
Kimberly Welch, Vanderbilt University ARIELA J. GROSS AND ALEJANDRO DE LA FUENTE, BECOMING FREE, BECOMING BLACK: RACE, FREEDOM, AND LAW IN CUBA, VIRGINIA, AND LOUISIANA (NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2020). PP. 281. $24.95 (HARDCOVER). ISBN 978-1108480642 61 American Journal of Legal History 121 (March, 2021) Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana, by Ariela J. Gross and Alejandro de la Fuente, is a splendid book. The synergy between the co-authors is evident on each page. Gross and de la Fuente draw on their combined expertise on the histories of slavery, law, and race in the United States and the... 2021
Lindsay deJesus Cress AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS 60 University of Louisville Law Review 203 (Fall, 2021) I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... 2021
Charlotte A. Tschider BEYOND THE "BLACK BOX" 98 Denver Law Review 683 (Spring, 2021) As algorithms have become more complex, privacy and ethics scholars have urged artificial intelligence (AI) transparency for purposes of ensuring safety and preventing discrimination. International statutes are increasingly mandating that algorithmic decision-making be explained to affected individuals when such decisions impact an individual's... 2021
Cristal Nova BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE 30 Annals of Health Law Advance Directive 231 (Spring, 2021) The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... 2021
Reginald Oh BLACK CITIZENSHIP, DEHUMANIZATION, AND THE FOURTEENTH AMENDMENT 12 ConLawNOW 157 (2021) The fight for full Black citizenship has been in large measure a fight against the systematic dehumanization of African Americans. Dehumanization is the process of treating people as less than human, as subhuman. Denying Blacks full and equal citizenship has gone hand in hand with denying their full humanity. To effectively promote equal... 2021
  Black Deaths Matter: Disparities in Gun Homicides, Policing, and News Coverage in Chicago 57 NO 5 Criminal Law Bulletin ART 2 (2021) Affiliated Scholar, American Bar Foundation. I am deeply indebted to: Laura Beth Nielsen, Research Professor at the American Bar Foundation and Director of the Center for Legal Studies at Northwestern University; Janice Nadler, the Nathaniel L. Nathanson Professor of Law at Northwestern Pritzker School of Law; and John Hagan, the John D. MacArthur... 2021
Terrence M. Franklin BLACK DEATHS SHOULD MATTER, TOO! ESTATE PLANNING AS A TOOL FOR ANTIRACISTS 47 ACTEC Law Journal 39 (Fall, 2021) And since I feel today New York is really My personal property I'll tell you what I'm gonna do . Since I like you very much, So very, very much, I'm gonna split it with you. Since I like you very much, So very, very much, I'm gonna split it with you! Just as the negative effects of most legal policies and practices have a disproportionately greater... 2021
Elizabeth Hughes, ACBA President BLACK HISTORY IS AMERICAN HISTORY 23 No. 5 Lawyers Journal 3 (2/26/2021) As Black History month draws to a close, I want to reflect on the 28 days, sometimes 29, that are earmarked to recognize the accomplishments of Black people in America. Carter G. Woodson is credited with the creation of what is now known as Black History Month. Woodson was the son of former slaves, who was generally self-taught until he finally had... 2021
Damon Christopher Williams BLACK LAW STUDENT ATTRITION IN THE AGE OF AFFIRMATIVE ACTION: WHY AMERICA'S CURRENT DIVERSITY FRAMEWORK IS FAILING 52 University of Toledo Law Review 653 (Winter 2021) Black law students encounter unique obstacles that leave them with some of the highest non-transfer attrition rates among all groups. Theories have emerged alleging that Black law students are simply ill-suited for the educational environments they are accepted into. However, these theories fail to acknowledge the added pressures that accompany... 2021
Willie J. Epps, Jr. BLACK LAWYERS OF MISSOURI: 150 YEARS OF PROGRESS AND PROMISE 86 Missouri Law Review Rev. 1 (Winter, 2021) In this Article, Judge Epps amasses and orchestrates an unprecedented amount of information about Missouri's Black lawyers from 1871 to 2021. As Missouri marks its bicentennial, and the sesquicentennial of the first Black lawyer admitted to practice here, this Article offers analysis and insights about the most well-known Black lawyers, including... 2021
  BLACK LIVES DISCOUNTED: ALTERING THE STANDARD FOR VOIR DIRE AND THE RULES OF EVIDENCE TO BETTER ACCOUNT FOR IMPLICIT RACIAL BIASES AGAINST BLACK VICTIMS IN SELF-DEFENSE CASES 134 Harvard Law Review 1521 (February, 2021) Because of implicit biases, information about the victims of violence--such as their criminal records, physical appearances, and lifestyles--can be exploited in an attempt to justify the harm that was inflicted upon them. In particular, there is a substantial risk that defendants tried for acts of violence against Black victims will attempt to... 2021
Samy Abdallah BLACK LIVES MATTER ABROAD, TOO: PROPOSED SOLUTIONS TO THE RACIALIZED POLICING OF ETHIOPIAN JEWS IN ISRAEL 27 William and Mary Journal of Race, Gender, and Social Justice 515 (Winter, 2021) Introduction I. Overview of the Ethiopian Jewish Presence in Israel A. Who Are the Ethiopian Jewish Minority? B. Escape to Israel from Religious Persecution in Ethiopia C. Settlement in a New Land II. Comparing Palestinians and Ethiopian Jews A. Insular Groups in a White Society B. Views on the Police C. The Rules of Engagement III. Possible... 2021
Catherine Engberg BLACK LIVES MATTER AS GOVERNMENT SPEECH 44-SEP Los Angeles Lawyer 10 (September, 2021) In June 2020, communities across California and the world protested and mourned the nationally recognized acts of violence against black lives. #Say Their Names compiled a long list of black individuals who lost their lives in 2020 including Breonna Taylor, Ahmaud Arbery, and George Floyd. A video of the Minneapolis police brutally killing George... 2021
Megan Ming Francis , Leah Wright-Rigueur BLACK LIVES MATTER IN HISTORICAL PERSPECTIVE 17 Annual Review of Law and Social Science 441 (2021) Black Lives Matter, violence, protest, Black politics, civil rights, social movements This review examines the Black Lives Matter movement. Despite a growing body of literature focused on explaining the formation and activities of the present Black Lives Matter movement, less attention is given to the historical antecedents. What are earlier Black... 2021
Shelly Anderson BLACK LIVES MATTER: A YEAR IN REVIEW DISCUSSION TO BE HELD MAY 25 23 No. 11 Lawyers Journal 9 (5/21/2021) You want to talk about Black Lives Matter? Farooq Al-Said wants to talk to, and listen to, you. He has a lot to say, and he's all in for an audience from the legal community. I can speak a few languages, but legalese is not one of them, Al-Said said. But I know the law, so we can build on that and we can (connect) with the audience. Al-Said,... 2021
Justin C. Trimachi, Walter Riley, Dewitt M. Lacy BLACK LIVES MATTER--A DISCUSSION WITH TWO CIVIL RIGHTS ATTORNEYS 51 Golden Gate University Law Review 69 (May, 2021) Dr. Martin Luther King Jr. once said, Human progress is neither automatic nor inevitable . every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertions and passionate concern of dedicated individuals. The Black Lives Matter (BLM) movement has a formal presence in the United States, the United... 2021
Russell Fowler BLACK MONDAY AND THE COURT-PACKING PLAN 57-APR Tennessee Bar Journal 48 (March/April, 2021) With the Supreme Court's decision of Allgeyer v. La. (1897), a majority of the justices finally adopted the constitutional doctrine of substantive due process. This pro-property, pro-business doctrine, long advocated by Justice Stephen Field, viewed the due process clause of the Fourteenth Amendment as having a dual nature: procedural and... 2021
Alexis Hoag BLACK ON BLACK REPRESENTATION 96 New York University Law Review 1493 (November, 2021) When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... 2021
Chantel Johnson BLACK PEOPLE AND THE UNDUE WAR ON TAXES 31 Berkeley La Raza Law Journal 55 (2021) Black people are in a tax war with America and we are losing. America. That Lady has some nerve. Land of the Free, she boasts. But that means nothing if a group of people were slaughtered out of Their land, while another group of people were enslaved to tend the soil. America was built on racism--more specifically, white supremacy--and that is... 2021
James W. Fox Jr. BLACK PROGRESSIVISM AND THE PROGRESSIVE COURT 130 Yale Law Journal Forum 398 (1/6/2021) In the 1910s the Supreme Court responsible for Lochner v. United States and Plessy v. Ferguson supported African American rights in cases such as Bailey v. Alabama and Buchanan v. Warley. Scholars have struggled to explain how the disparate doctrinal paths of Lochner and Plessy led to the seemingly equality-friendly cases of the 1910s.... 2021
Goldburn P. Maynard, Jr. BLACK QUEERS IN EVERYDAY LIFE 30 Tulane Journal of Law & Sexuality 139 (2021) The rule is that no matter what you do in your artistic expression you are never, ever allowed to upset the alphabet people. You know who I mean. Those people who took twenty percent of the alphabet for themselves. When Dave Chappelle used the words quoted above to suggest that queers were all powerful, I pointed out on social media that these... 2021
Daniel S. Harawa BLACK REDEMPTION 48 Fordham Urban Law Journal 701 (March, 2021) Introduction. 701 I. Revamping the Gross Disproportionality Standard for Excessive Punishment. 703 II. Rethinking Juvenile Life Without Parole. 710 III. Revisiting Racial Disparities in Capital Punishment. 714 Conclusion: The Anti-Racist Eighth Amendment. 718 2021
Audrey G. McFarlane BLACK TRANSIT: WHEN PUBLIC TRANSPORTATION DECISION-MAKING LEADS TO NEGATIVE ECONOMIC DEVELOPMENT 106 Iowa Law Review 2369 (July, 2021) In 2015, the Governor of Maryland cancelled a light rail project planned for Baltimore City. Around that time, governors in five states had also cancelled federally funded, mass transit rail projects. Each cancellation was similarly justified by claims that the transportation projects were unwise and unnecessary. This trend is concerning... 2021
Etienne C. Toussaint BLACK URBAN ECOLOGIES AND STRUCTURAL EXTERMINATION 45 Harvard Environmental Law Review 447 (2021) Residents of low-income, metropolitan communities across the United States frequently live in food apartheid neighborhoods--areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America's political economy... 2021
Doriane S. Nguenang Tchenga BLACK WOMEN'S HAIR AND NATURAL HAIRSTYLES IN THE WORKPLACE: EXPANDING THE DEFINITION OF RACE UNDER TITLE VII 107 Virginia Law Review Online 272 (November, 2021) Despite the Equal Employment Opportunity Commission's (EEOC) interpretation of Title VII as including cultural characteristics often associated with race or ethnicity, Black women have not successfully litigated the freedom to wear their hair in natural hairstyles in the workplace. Courts have held that racial discrimination in the workplace must... 2021
Frank J. Vandall , Tallulah Lanier BLACK YOUTHS LOST, WHITE FORTUNES FOUND: SPORTS BETTING AND THE COMMODIFICATION AND CRIMINALIZATION OF BLACK COLLEGIATE ATHLETES 2021 University of Illinois Law Review 1821 (2021) Since 2018, legalized sports betting has become commonplace in several states and may soon become commonplace in others. Yet, the conversation does not end once the gambler wins or loses a bet on their favorite team's bowl game. Instead, the unintended--but far from unforeseen--result of such legislation is the immense harm to collegiate athletes.... 2021
Bob Hurley BONES OF BLACK SAINTS BY ALEX CHARNS (2020) 45-JUL Champion 56 (July, 2021) Alex Charns' Bones of Black Saints is a compelling courtroom drama that takes readers behind the scenes of a trial and into the minds of defense counsel. As an attorney whose practice has focused on representing criminal defendants and suing police departments for over 35 years, Charns knows his way around a courtroom. The book follows the highly... 2021
Sawyer Like BURNING IN THE MELTING POT: AMERICAN POLICING AND THE INTERNAL COLONIZATION OF AFRICAN AMERICANS 22 Rutgers Race & the Law Review 333 (2021) We inherit the belief that the past does not matter - we can start over, we can go beyond the racial thinking that, deep down, nearly every American has known is not a wise way of thinking - the funny and often tragic part being that this anti-historical belief is itself an inheritance from our past. On May 25, 2020, George Floyd, a 46-year-old... 2021
Kenya Glover CAN YOU HEAR ME?: HOW IMPLICIT BIAS CREATES A DISPARATE IMPACT IN MATERNAL HEALTHCARE FOR BLACK WOMEN 43 Campbell Law Review 243 (2021) Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians' implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by... 2021
Brietta R. Clark CENTERING BLACK PREGNANCY: A RESPONSE TO MEDICAL PATERNALISM, STILLBIRTH, & BLINDSIDED MOTHERS 106 Iowa Law Review Online 85 (2021) In Medical Paternalism, Stillbirth, & Blindsided Mothers, Professor Jill Wieber Lens identifies an important void in pregnancy-related disclosures, which has rendered stillbirth risk largely invisible to pregnant patients. She then makes a compelling case that medical paternalism is animating this pattern of nondisclosure and that... 2021
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