AuthorTitleCitationSummaryYearKey Terms in Title
Jason Potter Burda When Condoms Fail: Making Room under the Aca Blanket for Prep Hiv Prevention 52 San Diego Law Review 171 (February-March 2015) I. Introduction. 172 II. Background. 178 A. Condoms Today. 179 B. PrEP: A New Approach to HIV Prevention. 181 1. Dodging Friendly Fire on the Road to FDA Approval. 186 2. Final CDC Guidance. 189 III. Challenges to PrEP Implementation. 190 A. Acceptability. 193 B. Accessibility. 199 1. Cost of Oral PrEP Prevention. 200 2. Prior Authorization and...    
Cynthia J. Najdowski , Margaret C. Stevenson A CALL TO DISMANTLE SYSTEMIC RACISM IN CRIMINAL LEGAL SYSTEMS 46 Law and Human Behavior 398 (December, 2022) Objectives: In October 2021, the American Psychological Association (APA) passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. In the present report, developed to inform APA's policy resolution, we detail the scope of the problem and offer recommendations for policy makers and... 2022  
Penelope Andrews A COMMISSION ON RECOGNITION AND RECONSTRUCTION FOR THE UNITED STATES: ILLUSORY OR INSPIRATIONAL? 66 New York Law School Law Review 359 (2021/2022) The United States remains a deeply divided society, with the fault line continuing to be that of race and racism. Of course, this is not new, as W. E. B. Du Bois famously noted more than a century ago that the problem of the color line would be the central issue of the United States in the twentieth century. And so it remains today. The statistics... 2022  
Thalia González , Alexis Etow , Cesar De La Vega A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING 71 American University Law Review 1927 (June, 2022) Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... 2022 Yes
Arianna Zrzavy, Molly Blondell, Wakako Kobayashi, Bryan Redden, Paul Mohai ADDRESSING CUMULATIVE IMPACTS: LESSONS FROM ENVIRONMENTAL JUSTICE SCREENING TOOL DEVELOPMENT AND RESISTANCE 52 Environmental Law Reporter (ELI) 10111 (February, 2022) This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools' functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple... 2022  
Marcy L. Karin ADDRESSING PERIODS AT WORK 16 Harvard Law & Policy Review 449 (Summer, 2022) Structural workplace changes are needed to acknowledge, anticipate, and accommodate menstruation, without harming equity or economic security for current and former menstruators. The biological process of menstruation does not stop at work, but workplaces are not designed to support needs related to periods, perimenopause, or menopause.... 2022  
Richard L. Revesz AIR POLLUTION AND ENVIRONMENTAL JUSTICE 49 Ecology Law Quarterly 187 (2022) Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... 2022  
Timothy Davis AMERICA'S RACE-BASED CASTE STRUCTURE: ITS IMPACT IN COLLEGE AND PROFESSIONAL SPORTS 9 Texas A&M Law Review 599 (Spring, 2022) Racial inequities in college and professional sports remain prevalent and persistent despite the awareness of such inequities by those with the power to effectuate change. This Article proposes that explanations frequently offered for the slow pace of progress often fail to account for the hierarchy derived from a race-based caste system embedded... 2022  
Thalia González, Alexis Etow, Cesar De La Vega AN ANTIRACIST HEALTH EQUITY AGENDA FOR EDUCATION 50 Journal of Law, Medicine & Ethics 31 (Spring, 2022) Keywords: Education Law and Policy, School Discipline and Policing, Structural Discrimination, Racism is a Public Health Crisis, Social Determinants of Health, Antiracist Health Equity Agenda Abstract: With growing public health and health equity challenges brought to the forefront--following racialized health inequities resulting from COVID-19 and... 2022 Yes
Sidney S. Welch , Tricia “CK” Hoffler AN EPIDEMIC OF RACISM IN PEER REVIEW: KILLING ACCESS TO BLACK AND BROWN PHYSICIANS 16 Journal of Health & Life Sciences Law 42 (2022) ABSTRACT: Recently, the medical profession has experienced a significant increase in the number of adverse medical staff actions against physicians of color. This crisis is one of epidemic proportions and impact, threatening the economic, physical, and mental well-being of African American physicians and taking a corresponding toll on the health... 2022  
L. Kate Mitchell, Maya K. Watson, Abigail Silva, Jessica L. Simpson AN INTER-PROFESSIONAL ANTIRACIST CURRICULUM IS PARAMOUNT TO ADDRESSING RACIAL HEALTH INEQUITIES 50 Journal of Law, Medicine & Ethics 109 (Spring, 2022) Keywords: Antiracism, Health, Equity, Curriculum, Interprofessional Abstract: Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life... 2022 Yes
Majesta-Doré Legnini AN UNFULFILLED PROMISE: SECTION 1557'S FAILURE TO EFFECTIVELY CONFRONT DISCRIMINATION IN HEALTHCARE 28 William and Mary Journal of Race, Gender, and Social Justice 487 (Winter, 2022) When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education... 2022 Yes
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022  
Sarah Schweitzer AT THE INTERSECTION OF RACE AND HEALTH: RACIAL DISPARITIES IN THE MATERNAL HEALTHCARE SYSTEM 20 Seattle Journal for Social Justice 745 (Spring, 2022) I almost died after giving birth to my daughter, Olympia. Yet I consider myself fortunate. While I had a pretty easy pregnancy, my daughter was born by emergency C-section after her heart rate dropped dramatically during contractions. The surgery went smoothly. Before I knew it, Olympia was in my arms. It was the most amazing feeling I've ever... 2022 Yes
Robyn M. Powell, PhD, JD , Erin E. Andrews, PsyD, ABPP , Kara B. Ayers, PhD BECOMING A DISABLED PARENT: ELIMINATING ACCESS BARRIERS TO HEALTH CARE BEFORE, DURING, AND AFTER PREGNANCY 96 Tulane Law Review 369 (February, 2022) The desire to become a parent transcends all identities--including disability. Despite federal disability rights laws, however, a nascent body of scholarship indicates that parents with disabilities experience substantial and pervasive inequities. Although legal scholars have extensively examined the discrimination that disabled people encounter... 2022 Yes
Evan R. Seamone BEYOND "RESTORATION OF HONOR": COMPENSATING VETERANS FOR THE PSYCHOLOGICAL INJURIES OF THE GAY AND TRANSGENDER BANS 28 William and Mary Journal of Race, Gender, and Social Justice 687 (Spring, 2022) Introduction I. Psychological Consequences for Sexual and Gender Identity Minorities in the Military A. SGIM Veterans' Double Minority Status B. Consequences of SGIM Stressors C. The Perpetrator Hypothesis for SGIM Stress Among Veterans D. The Traumatic Impact of SGIM Discrimination II. Research Methodology A. The VA Framework for Compensating... 2022  
Elizabeth Kukura BIRTHING ALONE 79 Washington and Lee Law Review 1463 (Fall, 2022) Throughout the COVID-19 pandemic, hospitals implemented restrictive visitor policies that have prevented many pregnant people from giving birth with their chosen support people. For some, this meant foregoing labor and delivery support by a birth doula, someone who serves in a nonclinical role and provides emotional, physical, and informational... 2022  
Elizabeth Tobin Tyler BLACK MOTHERS MATTER: THE SOCIAL, POLITICAL AND LEGAL DETERMINANTS OF BLACK MATERNAL HEALTH ACROSS THE LIFESPAN 25 Journal of Health Care Law and Policy 49 (2022) Black maternal health disparities have existed for decades. But with America's recent racial reckoning the public health and medical communities are increasingly focused on understanding the pathways that lead to higher rates of Black maternal morbidity and mortality, and policymakers are exploring legal and policy approaches to reducing... 2022 Yes
Neelam Salman , Golda Philip , Sarah Williams BRIDGING HEALTH EQUITY AND CIVIL RIGHTS: HOW FEDERAL FUNDING AGENCIES CAN REDUCE DISPARITIES AND DISCRIMINATION IN HEALTHCARE USING CIVIL RIGHTS MECHANISMS 21 Connecticut Public Interest Law Journal 1 (Spring, 2022) Of all the forms of inequality, injustice in health is the most shocking and the most inhuman because it often results in physical death. I see no alternative to direct action [in order to] raise the conscience of the nation. The civil rights movement was a social, legal, and political struggle by communities that are underserved to achieve... 2022 Yes
Yael Cannon CLOSING THE HEALTH JUSTICE GAP: ACCESS TO JUSTICE IN FURTHERANCE OF HEALTH EQUITY 53 Columbia Human Rights Law Review 517 (Spring, 2022) A massive civil justice gap plagues the United States. Every day, low-income Americans--and disproportionately people of color--go without the legal information and representation they need to enforce their rights. This can cost them their homes, jobs, food security, or children. But unmet civil legal needs in housing, employment, and public... 2022 Yes
Khiara M. Bridges DEPLOYING DEATH 68 UCLA Law Review 1510 (February, 2022) This Article observes that if the U.S. Supreme Court overturns Roe v. Wade, people of color--specifically black people--disproportionately will be impacted by the abortion restrictions that will proliferate in the wake of the decision. In many cases, those forced to terminate unwanted pregnancies under unsafe conditions will be black; some of these... 2022  
Prashasti Bhatnagar DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH 36 Georgetown Immigration Law Journal 1017 (Spring, 2022) This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... 2022 Yes
Madalyn K. Wasilczuk DEVELOPING POLICE 70 Buffalo Law Review 271 (January, 2022) C1-2Contents Introduction. 273 I. The Social Environment of Policing. 283 A. Duties. 285 B. Discretion. 286 C. Danger. 289 D. Deference. 290 II. Hiring for Harm Reduction. 292 A. Police Hiring. 298 B. Minimum Hiring Ages. 301 C. The History of Minimum Qualifying Age. 303 D. The Effects of Age on Policing. 306 III. Developing Within the Department.... 2022  
Andrea M. Ferrari DEVELOPMENTS IN THE QUEST TO ADVANCE EQUITY IN MATERNAL AND CHILD HEALTH IN THE AGE OF COVID-19: THE BAD, THE GOOD, AND THE PROMISING 16 Journal of Health & Life Sciences Law 145 (2022) ABSTRACT: The United States has the highest rate of maternal mortality among the world's high-income economies. Based on 2020 data, it also ranks 33rd out of 36 among the Organization for Economic Cooperation and Development's member countries in infant mortality. Equally concerning as the United States' overall rates of maternal and infant... 2022 Yes
Evan R. Seamone DISABILITY COMPENSATION FOR THE PSYCHOLOGICAL IMPACT OF RACE DISCRIMINATION: LESSONS FROM THE BOARD OF VETERANS' APPEALS 74 Administrative Law Review 309 (Spring, 2022) Introduction. 310 II. VA Disability Compensation Framework. 317 III. Research Methodology. 323 A. The Written VA Appellate Decision as the Unit of Analysis. 323 B. Supervised Machine Learning to Classify Discrimination Cases. 326 C. Study Limitations. 327 IV. Study Results. 329 A. General Trends in Outcomes Across Discrimination Cases. 329 B.... 2022  
Jamelia Morgan DISABILITY, POLICING, AND PUNISHMENT: AN INTERSECTIONAL APPROACH 75 Oklahoma Law Review 169 (Autumn, 2022) Disabled people of color are uniquely vulnerable to policing and punishment. Proponents of police reform and, more recently, police abolition note that disabled people, particularly people with psychiatric disabilities, are vulnerable to citation and arrest. Indeed, data on the high percentages of people in prisons and jails who report having a... 2022  
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  
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  
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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