AuthorTitleCitationSummaryYearKey Terms in Title
Lori McPherson , Sarah Blazucki "STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING 47 Seattle University Law Review 119 (Fall, 2023) C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... 2023  
Claire Mullaney , Michele Okoh A DROP IN THE BUCKET: NORTH CAROLINA'S NEGLECTED PROBLEM OF PRIVATE WELL WATER CONTAMINATION 3 North Carolina Civil Rights Law Review 1 (Spring, 2023) In the U.S., an estimated 42.5 million people--about 13% of the nation's population--obtain their drinking water from private wells. While the Safe Drinking Water Act protects those served by public water systems from unsafe levels of contamination in their water, limited legal protection exists for private well users, leaving them susceptible to... 2023  
Autumn Burgin A NEW MEANS FOR HEALTHCARE? HOW THE UNITED STATES COULD LEARN FROM COSTA RICA 38 Syracuse Journal of Science & Technology Law 125 (2022-2023) Healthcare in the United States has been a longstanding battle for many years between a private and public system. Today, the United States offers a mixed model approach with components of both public and private sectors. While the U.S. has attempted to make improvements to healthcare, racial health inequality remains rampant, especially for Black... 2023 Yes
Elizabeth Tobin-Tyler ABORTION RIGHTS AND THE CHILD WELFARE SYSTEM: HOW DOBBS EXACERBATES EXISTING RACIAL INEQUITIES AND FURTHER TRAUMATIZES BLACK FAMILIES 51 Journal of Law, Medicine & Ethics 575 (Fall, 2023) Keywords: Dobbs v. Jackson Women's Health, Abortion Bans, Child Welfare System, Racial Inequities Abstract: This article explores how abortion bans in states with large Black populations will exacerbate existing racial inequities in those states' child welfare systems. In Dobbs v. Jackson Women's Health Organization, the Supreme Court returned to... 2023  
Kira Eidson ADDRESSING THE BLACK MORTALITY CRISIS IN THE WAKE OF DOBBS: A REPRODUCTIVE JUSTICE POLICY FRAMEWORK 24 Georgetown Journal of Gender and the Law 929 (Spring, 2023) Black people who can become pregnant and give birth were dying from pregnancy-related causes at rates more than double the national average before the Supreme Court decided Dobbs v. Jackson Women's Health, and the Dobbs decision is expected to make America's maternal mortality crisis worse. This Note discusses the expected effects of abortion... 2023 Yes
Tiffany Canate, et al. ADVANCING ENVIRONMENTAL HEALTH AND JUSTICE: A CALL FOR ASSESSMENT AND OVERSIGHT OF HEALTHCARE WASTE 53 Environmental Law 147 (Spring, 2023) Tiffany Canate , Michele Okoh , Crystal Dixon , Natalie Sampson , Kandyce Dunlap , Fatemeh Shafiei , Jay Herzmark , Lindsay Tallon , Na'Taki Osborne Jelks , Theodora Tsongas , Denise Patel , Olivia Wilson , Eric Persaud , Omega Wilson, Brenda Wilson , Vincent Martin , Kelly McLaughlin , Margarita Asiain Healthcare waste adversely impacts society in... 2023 Yes
Yael Zakai Cannon, Vida Johnson ADVANCING RACIAL JUSTICE THROUGH CIVIL AND CRIMINAL ACADEMIC MEDICAL-LEGAL PARTNERSHIPS 30 Clinical Law Review 29 (Fall, 2023) The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave... 2023  
Dorothy Couchman AFFIRMING AND SUPPORTING BLACK WOMEN'S LACTATION AGENCY AS REDRESS 60 San Diego Law Review 587 (August-September, 2023) C1-2Table of Contents I. Introduction. 588 II. Why Lactation as Redress?. 591 III. The Atrocity. 592 A. Lactation Abuse in Enslavement. 593 B. Lactation Denial During Jim Crow. 593 IV. The Harms of Lactation Agency Denial. 597 V. Atonement and Redress. 598 VI. Areas for Lactation Redress. 600 A. Lactation Agency in Perinatal Care. 600 B. Infant... 2023  
Allison M. Whelan* AGGRAVATING INEQUALITIES: STATE REGULATION OF ABORTION AND CONTRACEPTION 46 Harvard Journal of Law & Gender 131 (Winter, 2023) Each year in the United States, pervasive inequities in health-care access and health outcomes contribute to tens of thousands of excess deaths among communities of color and other historically marginalized and vulnerable populations. Tragically, even that number may be a conservative estimate. These inequities transpire from structural barriers... 2023  
Jonathan Fenster AN ANTIDOTE FOR PATIENTS: COMBATTING THE DISCRIMINATORY EFFECTS OF ARTIFICIAL INTELLIGENCE IN HEALTHCARE 50 Fordham Urban Law Journal 333 (February, 2023) Introduction. 334 I. Artificial Intelligence: Technical Perspectives and Artificial Intelligence's Benefits. 337 A. Background to Artificial Intelligence in Healthcare. 337 B. The Benefits of Artificial Intelligence in Healthcare. 338 II. The Concerns for Artificial Intelligence in Healthcare. 339 III. The Legal Issues of Artificial Intelligence in... 2023 Yes
Makiya Turntine CONSTITUTIONAL LAW--DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION WILL LIKELY HAVE A NEGATIVE, DISPROPORTIONATE IMPACT ON WOMEN OF COLOR AND REASSERT INFERIORITY 46 University of Arkansas at Little Rock Law Review 237 (Winter, 2023) I have borne thirteen children, and seen most all sold off to slavery, and when I cried out with my mother's grief, none but Jesus heard me! And ain't I a woman? Before Dobbs v. Jackson Women's Health Organization, when abortion was a fundamental right, women of lower socioeconomic status, including women of color, experienced higher abortion rates... 2023 Yes
Jacqueline Pittman CONSTRUCTING RACE AND GENDER IN MODERN RAPE LAW: THE ABANDONED CATEGORY OF BLACK FEMALE VICTIMS 30 Michigan Journal of Gender & Law 151 (2023) Despite the successes of the 1960s Anti-Rape Movement, modern state rape statutes continue to prioritize white male perspectives and perceptions of race, ultimately ignoring the intersectional identity of Black women and leaving these victims without legal protection. This Note examines rape law's history of allocating agency along gendered and... 2023  
Vincent Jones CRUEL AND UNUSUAL PUNISHMENT: HOW THE ONGOING WAR ON DRUGS AND DISCRIMNATION IN HEALTHCARE CREATED A VIABLE EIGHTH AMENDMENT CLAIM FOR BLACK INMATES DURING THE COVID-19 PANDEMIC 33 Health Matrix: Journal of Law-Medicine 537 (2023) C1-2Contents Introduction. 538 Part I: The War on Drugs and its Targeted Attack on the Black Community. 539 a. The Key Policies of the War. 542 b. Militarized Policing and Drug Raids. 543 c. The Power of Prosecutors and the Supreme Court. 545 d. The Difficulties of Life After Prison. 547 e. The War on Drugs is Ongoing. 548 Part II: The Impact of... 2023 Yes
Anietie Akpan DARK ROOTS: DETANGLING THE NEXUS BETWEEN BLACK HAIRCARE, PUBLIC HEALTH, AND CLEAN BEAUTY EQUITY 60-FEB Houston Lawyer 24 (January/February, 2023) On October 21, 2022, St. Louis resident Jennifer Mitchell filed a mass tort lawsuit in federal court against L'Oreal USA Inc. for the development, marketing, and sale of their chemical hair straightening products, alleging that the use of these products over many years resulted in her diagnosis of uterine cancer in 2018. She has asked the court to... 2023 Yes
Scott Koven DESERVING LIFE: HOW JUDICIAL APPLICATION OF MEDICAL AMNESTY LAWS PERPETUATES SUBSTANCE USE STIGMA 80 Washington and Lee Law Review 1745 (Fall, 2023) To combat the continued devastation wrought by the opioid crisis in the United States, forty-eight states have passed medical amnesty (or Good Samaritan) laws. These laws provide varying forms of protection from criminal punishment for certain individuals if medical assistance is sought at the scene of an overdose. Thus far, the nascent scholarly... 2023  
Robyn M. Powell DISABILITY REPRODUCTIVE JUSTICE DURING COVID-19 AND BEYOND 72 American University Law Review 1821 (June, 2023) The United States is experiencing the convergence of two crises threatening the reproductive freedom of people with disabilities and other historically marginalized groups: the COVID-19 pandemic and a rising assault on reproductive rights, including the U.S. Supreme Court's recent Dobbs v. Jackson Women's Health Organization decision. This... 2023  
Christopher Ogolla DYING IN ISOLATION: PUBLIC HEALTH IMPLICATIONS OF TRANSPORTATION AND BURIAL OF HUMAN REMAINS DURING A PANDEMIC A FIFTY STATE SURVEY 26 Journal of Health Care Law and Policy 105 (2023) And then he got sick, and then he died, by himself. That's the hard part-- really hard part. It's hard to process things like this because everything is happening at a distance. And human beings--we're not set up for that. We're wired to be with each other. It makes it hard. The COVID-19 pandemic has affected all of us in different ways. It has... 2023 Yes
Caroline Cecot EFFICIENCY AND EQUITY IN REGULATION 76 Vanderbilt Law Review 361 (March, 2023) The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net benefits to society as a whole, without considering who... 2023  
Virginia Stevens Crimmins , Mary C. Ambrose-Gerak EMPLOYMENT DISCRIMINATION ISSUES FOR THE DISPUTE RESOLUTION PRACTITIONER IN THE COVID-19 ERA 76 Dispute Resolution Journal 55 (2023) There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise. The COVID-19 pandemic came as a surprise to legal practitioners, as it did to the rest of society. The health challenges continue and, in turn, affect workplaces, employers, and employees who are still struggling to cope and adapt. As... 2023  
Amy C. Watson , Taleed El-Sabawi EXPANSION OF THE POLICE ROLE IN RESPONDING TO MENTAL HEALTH CRISES OVER THE PAST FIFTY YEARS: DRIVING FACTORS, RACE INEQUITIES AND THE NEED TO REBALANCE ROLES 86 Law and Contemporary Problems 1 (2023) Tragic police shootings of people experiencing mental health crises, along with recognition of the overrepresentation of people with serious mental illnesses in the criminal legal system, have garnered several decades of research and policy attention. Substantial resources have been focused on improving law enforcement's ability to safely provide... 2023 Yes
John Inazu FIRST AMENDMENT SCRUTINY: REALIGNING FIRST AMENDMENT DOCTRINE AROUND GOVERNMENT INTERESTS 89 Brooklyn Law Review 1 (Fall, 2023) Modern First Amendment analysis is confusing and complex. But it does not have to be this way. The path to greater clarity begins by focusing on the First Amendment's presumptive restriction against government restrictions: Congress shall make no law. The First Amendment protects against unjustified government interference with five fundamental... 2023  
John Powell , Ned Conner FORM AND SUBSTANCE: UNDERSTANDING CONCEPTUAL AND DESIGN DIFFERENCES AMONG RACIAL EQUITY PROPOSALS AND A BOLD APPLICATION 38 Ohio State Journal on Dispute Resolution 13 (2023) I. Introduction II. Defining Racial Equity A. Conceptual Underpinnings B. Problems with Equity C. A Different Vision of Racial Justice III. Racial Equity Cleavages A. Race-Targeted v. Universalistic Form 1. Race-Targeted Policies 2. Universalistic, but Race-Conscious B. Racial Equity Reforms v. New Initiatives 1. Reforms 2. New Programs &... 2023  
Hal Clay FORTY ACRES AND A MULE: AMERICA'S BILL FOR REPARATIONS IS LONG PAST OVERDUE 24 Scholar: St. Mary's Law Review on Race and Social Justice 505 (2023) Introduction. 507 A. The Justification For Timely Reparations Stems From The Historic Injustices Perpetrated On Black Americans. 507 I. History. 517 A. There Are Historical Justifications For Reparations. 517 B. There Is No Better Justification For Reparations Established Than Federal Payments Made To Slave Owners Before And After The Civil War.... 2023  
Shai Stern FROM CONCILIATION TO CONFLICT: HOW DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION RESHAPES THE SUPREME COURT'S ROLE IN AMERICAN POLARIZED SOCIETY 54 Loyola University Chicago Law Journal 841 (Spring, 2023) Dobbs v. Jackson Women's Health Organization, issued by the United States Supreme Court on June 24, 2022, overturned the groundbreaking cases of Roe v. Wade and Planned Parenthood v. Casey. In doing so, the Court sprinkled gasoline onto the fire of social polarization in America. In denying the constitutional status of a woman's right to bodily... 2023 Yes
Alichia McIntosh HEALTHCARE INEQUITIES IN THE UNITED STATES AND BEYOND ARE TAKING BLACK WOMEN'S LIVES 18 Northwestern Journal of Law & Social Policy 102 (Spring, 2023) Black women have been dying at devastating rates due to health complications at the hands of the United States' healthcare and legal systems. This Note explores these distressing rates and how they compare to White women while analyzing the fatalities and diagnoses among several health complications and diseases. These fatalities persist due to the... 2023 Yes
Chelsea J. Gaudet HEALTHCARE REPARATIONS IN CALIFORNIA 60 San Diego Law Review 569 (August-September, 2023) C1-2Table of Contents I. Introduction. 569 II. Weathering. 570 III. Obstacles to Effectively Treating Weathering. 573 IV. Achieving Task Force Objectives. 576 V. Healthcare Reparations. 579 VI. Conclusion. 584 2023 Yes
Kathryn Blanco HEALTHY HOMES FOR D.C. 10/30/2023 Georgetown Environmental Law Review Online 1 (10/30/2023) Natural gas powers this home stove. Amid growing concern over the health and climate impacts of natural gas appliances, the Washington, D.C. council has proposed a solution with the Healthy Homes Act. Given recent summers filled with wildfire smoke, outdoor air quality often receives much of the attention in the environmental space. Yet according... 2023 Yes
Nicole Huberfeld HIGH STAKES, BAD ODDS: HEALTH LAWS AND THE REVIVED FEDERALISM REVOLUTION 57 U.C. Davis Law Review 977 (December, 2023) The Supreme Court's 2021 term produced a remarkable number of blockbuster decisions, nearly hiding an underlying federalism agenda that surfaced in health care, reproductive rights, administrative law, and public health related domains. Health law has been a vehicle for constitutional change before, but the stakes for older laws, most of which rely... 2023 Yes
Kasey Barnes INDIANA'S EFFORTS TO REDUCE MATERNAL MORTALITY: NECESSARY, BUT INSUFFICIENT 20 Indiana Health Law Review 357 (2023) Nearly one-hundred women in Indiana die from a pregnancy-related complication each year. Courtney Reimlinger, a twenty-three-year-old Indianapolis native was nearly one of them. One week after delivering her son, she experienced excruciating chest pain that spread to her head and neck and resulted in periods of unconsciousness. Courtney was rushed... 2023 Yes
Molly C. Schmidt LIBERATING LEGAL AID: REDUCING COVID-19'S JUSTICE GAP AND PROMOTING HEALTH BY REMOVING THE LEGAL SERVICES CORPORATION'S CLASS ACTION AND ADVOCACY RESTRICTIONS 71 Cleveland State Law Review 509 (2023) The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by low-income Americans served by LSC-funded legal aid organizations: the growing justice gap. The justice gap represents the unmet civil legal... 2023 Yes
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