| Author | Title | Citation | Summary | Year |
| Heidi E. Ramos-Zimmerman |
The Need to Revisit Legal Education in an Era of Increased Diagnoses of Attention-deficit/hyperactivity and Autism Spectrum Disorders |
123 Dickinson Law Review 113 (Fall, 2018) |
The ever-fluctuating rhetoric from experts, in the field of neurodevelopmental disorders, has led to outdated notions and perplexity surrounding attention deficit/hyperactivity disorder (ADHD) and autism spectrum disorders (ASD). This Article tries to clarify some of the confusion. Better understanding of these disorders is imperative for today's... |
2018 |
| Luz E. Herrera, Pilar Margarita Hernández Escontrías |
The Network for Justice: Pursuing a Latinx Civil Rights Agenda |
21 Harvard Latinx Law Review 165 (Spring, 2018) |
This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot... |
2018 |
| Etienne C. Toussaint |
The New Gospel of Wealth: on Social Impact Bonds and the Privatization of Public Good |
56 Houston Law Review 153 (Fall, 2018) |
Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of the Rich and the Poor, as termed... |
2018 |
| Sharona Hoffman |
The Perplexities of Age and Power |
25 Elder Law Journal 327 (2018) |
The elderly population in the United States is growing dramatically and is expected to reach over seventy-two million, or 20% of the citizenry, by 2030. But serious legislative and regulatory gaps leave the surging population of older adults with many unmet needs. Many Americans are aware of the Social Security and Medicare funds' financial woes.... |
2018 |
| Emily Gold Waldman |
The Preferred Preferences in Employment Discrimination Law |
97 North Carolina Law Review 91 (December, 2018) |
In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built into the structure of federal employment discrimination law are several openings for customer preferences to provide employer defenses to what would otherwise likely be actionable discrimination. This Article explores when... |
2018 |
| Emily Suski |
The Privacy of the Public Schools |
77 Maryland Law Review 427 (2018) |
This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families' and schools' responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade... |
2018 |
| Melissa McPheeters, Mary K. Bratton |
The Right Hammer for the Right Nail: Public Health Tools in the Struggle Between Pain and Addiction |
48 University of Memphis Law Review 1299 (Summer, 2018) |
[O]ver the course of the past two centuries, studies and interventions influenced by the population perspective have taught the world much and paved the way for collective actions that have saved millions of lives. More often than not, these interventions have relied on law. --Wendy E. Parmet, Populations, Public Health, and the Law 22 (2009). I.... |
2018 |
| Jeremy K. Kessler , David E. Pozen |
The Search for an Egalitarian First Amendment |
118 Columbia Law Review 1953 (November, 2018) |
Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation--generating widespread accusations that the Court has created a new Lochner. This introduction to the Columbia Law Review's Symposium on Free Expression... |
2018 |
| Edward P. Richards |
The Societal Impacts of Climate Anomalies During the past 50,000 Years and Their Implications for Solastalgia and Adaptation to Future Climate Change |
18 Houston Journal of Health Law & Policy 131 (2018) |
Introduction. 132 I. Pre-Scientific Knowledge of the Natural World. 134 II. Understanding Climate Change and Climate Anomalies. 140 III. Medieval Warm Period/Medieval Climate Anomaly in the Americas. 146 IV. Impact of Post-Last Glacial Maximum Sea Level Rise. 150 V. The New Threat: Heat. 154 VI. Sense of Place and Climate Change Driven Migration.... |
2018 |
| Christian B. Sundquist |
The Technologies of Race: Big Data, Privacy and the New Racial Bioethics |
27 Annals of Health Law 205 (Summer, 2018) |
The truism that race is a social construct rests upon the recognition of our shared humanity. Overtime, race developed into a tool to deny the humanity of millions of people, providing a moral rationalization for the unequal treatment of persons in a world increasingly committed to democratic equality. Whether supporting chattel slavery, Jim Crow... |
2018 |
| Michael J. Lenzi |
The Trans Athlete Dilemma: a Constitutional Analysis of High School Transgender Student-athlete Policies |
67 American University Law Review 841 (February, 2018) |
Typically, high schools offer separate teams for boys and girls, but the increasing number of young people openly identifying as transgender (trans) has complicated this sex-segregated approach. High school athletic associations across the country have adopted varied regulations regarding the eligibility of trans athletes: restrictive policies... |
2018 |
| Liliana M. Garces, Patricia Marin, Catherine L. Horn |
The U.s. Supreme Court's Use of Non-legal Sources and Amicus Curiae Briefs in Fisher V. University of Texas |
43 Journal of College and University Law 167 (2018) |
In February 2012, the U.S. Supreme Court agreed to hear a case that challenged the constitutionality of a race-conscious admissions policy at the University of Texas at Austin (the university). In addition to the evidence put forward by the parties, a broad constituency of individuals and organizations on both sides of the debate mobilized to... |
2018 |
| Nancy Noonan , Sylvia Costelloe |
The Washington Lawyers' Committee's Cases and Other Initiatives Involving Immigration and Refugee Law |
62 Howard Law Journal 217 (Fall, 2018) |
INTRODUCTION. 218 I. THE CURRENT STATUS OF IMMIGRATION IN THE UNITED STATES. 219 II. THE PROJECT HAS BEEN INVOLVED IN A WIDE RANGE OF CASES AND INITIATIVES ON BEHALF OF IMMIGRANTS AND REFUGEES. 220 A. Recent Cases. 220 B. Local Advocacy. 222 C. Lawyer Training. 222 D. Employment Discrimination. 223 E. Housing Discrimination. 224 F. Education. 225... |
2018 |
| Beck Zucker |
Transcending Limitations: Obstacles to Benefits for Transgender Veterans |
27 Federal Circuit Bar Journal 321 (2018) |
In recent years, the landscape for lesbian, gay, bisexual, transgender, and queer (LGBTQ) members of the United States military has drastically shifted. For years, laws required LGBTQ service members to serve in silence or fear discharge for identifying as homosexual or transgender. In 201l, however, the Obama Administration repealed Don't Ask... |
2018 |
| David Dante Troutt |
Trapped in Tragedies: Childhood Trauma, Spatial Inequality, and Law |
101 Marquette Law Review 601 (Spring, 2018) |
Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that... |
2018 |
| James M. McGoldrick, Jr. |
Two Shades of Brown: the Failure of Desegregation in America; Why it Is Irremediable (And a Modest Proposal) |
24 Cardozo Journal of Equal Rights & Social Justice 271 (Spring, 2018) |
C1-2Table of Contents Introduction. 272 I. The Different Shadings of Brown I and Brown II. 273 II. The Failure of Brown II's Gradualism. 276 III. Green is the New Brown. 283 IV. The De Jure/De Facto Dichotomy. 285 V. The De Jure Requirement and its Impact on Remedies. 295 VI. Oklahoma City v. Dowell: How De Jure Segregation Became De Facto... |
2018 |
| Pamela Cardullo Ortiz |
Unbundled Legal Services: a Family Lawyer's Guide, by Forrest S. Mosten and Elizabeth Potter Scully, Aba Book Publishing (2017) |
56 Family Court Review 709 (October, 2018) |
Limited scope representation, or unbundling, is an innovative model for delivering legal help to moderate-income individuals as discrete tasks and in a manner the client can afford. For those family law practitioners willing to meet the needs of a broader range of clients, this book is an excellent place to begin. Limited scope legal services are... |
2018 |
| Pamela S. Karlan |
Undue Burdens and Potential Opportunities in Voting Rights and Abortion Law |
93 Indiana Law Journal 139 (Winter, 2018) |
One of the problems with the way we have tried to build a more just constitutional law is our failure to see, and then to make the most of, doctrinal connections across constitutional subfields--that is, to build constitutional bridges. This Essay seeks to build one such bridge between two areas of legal doctrine that might seem relatively... |
2018 |
| Andrea Freeman |
Unmothering Black Women: Formula Feeding as an Incident of Slavery |
69 Hastings Law Journal 1545 (August, 2018) |
Laws and policies that impede Black mothers' ability to breastfeed their children began in slavery and persist as an incident of that institution today. They originated in the practice of removing enslaved new mothers from their infants to work or to serve as wet nurses for slave owners' children. The stereotype of the bad Black mother justified... |
2018 |
| Kimberly A. Yuracko , Ronen Avraham |
Valuing Black Lives: a Constitutional Challenge to the Use of Race-based Tables in Calculating Tort Damages |
106 California Law Review 325 (April, 2018) |
This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... |
2018 |
| Isabel Karpin |
Vulnerability and the Intergenerational Transmission of Psychosocial Harm |
67 Emory Law Journal 1115 (2018) |
Martha Fineman has been my teacher, my mentor, and a true and abiding friend. I have known her for over twenty-five years, and at every stage her ideas and her kindness have enlarged my world. Before I met Martha, I had read a lot of feminist literature in pursuit of my philosophy degree and had been excited by the work of Luce Irigaray, who... |
2018 |
| Amy T. Campbell |
What Hope for Health in All Policies' Addition and Multiplication of Equity in an Age of Subtraction and Division at the Federal Level?: the Memphis Experience |
12 Saint Louis University Journal of Health Law & Policy 59 (2018) |
Increasingly, people recognize that social factors, such as poverty, the living environment, and educational status, substantially affect health outcomes. A health in all policies approach (HiAP) seeks structural reform of policymaking to require purposeful consideration, across an interconnected range of public sector actors, of the health... |
2018 |
| Laura D. Hermer |
What to Expect When You're Expecting . Tanf-style Medicaid Waivers |
27 Annals of Health Law 37 (Winter, 2018) |
Medicaid provides access to health care to nearly seventy million lower-income Americans. Traditionally, Medicaid afforded coverage to poor children, parents, disabled individuals, and the elderly, but the Patient Protection and Affordable Care Act (ACA) allowed states to expand coverage to all low-income, working-age, non-disabled Americans.... |
2018 |
| Kimani Paul-Emile |
When a Wrongful Birth Claim May Not Be Wrong: Race, Inequality, and the Cost of Blackness |
86 Fordham Law Review 2811 (May, 2018) |
The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent... |
2018 |
| Alice Abrokwa |
When They Enter, We All Enter: Opening the Door to Intersectional Discrimination Claims Based on Race and Disability |
24 Michigan Journal of Race and Law 15 (Fall, 2018) |
This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by... |
2018 |
| Sherally Munshi |
White Slavery and the Crisis of Will in the Age of Contract |
30 Yale Journal of Law & Feminism 327 (2018) |
Abstract: Recognizing human freedom is never as simple as acts of legal pronouncement might suggest. Liberal abstractions like freedom and equality; legal formulations of personhood, free will, and contract; the constructed divisions between public and private, self and other, home and market on which the former are predicated--these are often... |
2018 |
| Chelsea Hyslop |
Why Can't We All Just Get Along: How the U.s. and Netherland Governments Respond to Social Issues and Change - the Transgender Community |
28 Indiana International & Comparative Law Review 31 (2018) |
For the first time in the history of the United States, a President spoke the word transgender during a State of the Union Address. The speech was not geared towards LGBTQ (Lesbian, Gay, Bi-sexual, Transgender, Questioning) rights. However, by inserting the transgender community into a national speech, the President raised awareness of the issues... |
2018 |
| David A. Strauss |
Why the Burger Court Mattered |
116 Michigan Law Review 1067 (April, 2018) |
The Burger Court and the Rise of the Judicial Right. By Michael J. Graetz and Linda Greenhouse. New York: Simon & Schuster. 2016. Pp. x, 345. Hardcover, $30; paper, $18. In his first term in office, President Richard Nixon appointed four justices to the U.S. Supreme Court, beginning with Chief Justice Warren Burger. It was not obvious, at first,... |
2018 |
| Ali S. Khan |
Witch Doctors, Zombies, and Oracles: Rethinking Health in America |
28 Health Matrix: Journal of Law-Medicine 79 (2018) |
To the extent we can even refer to an American healthcare system, it functions brilliantly . to make money. The system is designed to reward executives or major shareholders of pharmaceutical & health insurance companies, healthcare facilities, and related entities. With a rapidly aging population, healthcare will soon surpass a fifth of our... |
2018 |
| J.L.A. Garcia |
Wrongful Racial Discrimination in Moral Analysis: Some Recent Accounts, an Alternative Conception, and Attempts to Extend Theoretical Models |
16 Georgetown Journal of Law & Public Policy 697 (Special Issue 2018) |
In this article, I propose an analysis of a discrimination claim in general, in its canonical form, and argue from that analysis that invidious (i.e., wrongful) racial discrimination is best understood as racist discrimination, by which I mean discriminatory behavior relevantly tainted by someone's racist attitudes. From there, I proceed to... |
2018 |
| William Wesley Patton |
A Blueprint for a Fairer Aba Standard for Judging Law Graduates' Competence: How a Standard Based on Students' Scores in Relation to the National Mean Mbe Score Properly Balances Consumer Safety with Increased Diversity in the Bar |
24 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2017) |
Current and recently proposed American Bar Association (ABA) standards regarding students' bar passage rates have a significant disparate impact on states that have adopted difficult bar examination passage standards (the Multistate Bar Exam (MBE cut scores). Many scholars have demonstrated that the ABA bar passage standards have a negative impact... |
2017 |
| Lois A. Weithorn |
A Constitutional Jurisprudence of Children's Vulnerability |
69 Hastings Law Journal 179 (December, 2017) |
The United States Supreme Court identified the peculiar vulnerability of children as one of the three reasons for differentiating the treatment of children under the Constitution from that of adults. Yet, although explicit and implicit characterizations of children as vulnerable abound in the Court's opinions and scholarly commentary, there has... |
2017 |
| Browne Lewis |
A Deliberate Departure: Making Physician-assisted Suicide Comfortable for Vulnerable Patients |
70 Arkansas Law Review 1 (2017) |
On an episode of Marvel's Jessica Jones, Kilgrave uses his mind control powers to get Jack Denton to give him both of his kidneys. After he loses his kidneys, Denton goes on dialysis and has a stroke. Therefore, when private investigator Jessica Jones tracks down Denton, she discovers that he is wheelchair-bound and unable to speak. Denton goes to... |
2017 |
| Trina Jones |
A Different Class of Care: the Benefits Crisis and Low-wage Workers |
66 American University Law Review 691 (February, 2017) |
When compared to other developed nations, the United States fares poorly with regard to benefits for workers. While the situation is grim for most U.S. workers, it is worse for low-wage workers. Data show a significant benefits gap between low-wage and high-wage in terms of flexible work arrangements (FWAs), paid leave, pensions, and... |
2017 |
| David Ray Papke , Mary Elise Papke |
A Foe More than a Friend: Law and the Health of the American Urban Poor |
44 Fordham Urban Law Journal 1 (April, 2017) |
Social epidemiologists insist fundamental social conditions play a large role in the health problems of the American urban poor, but these well-intentioned scholars and practitioners do not necessarily appreciate how greatly law is intertwined with those social conditions. Law helps create and maintain the urban poor's shabby and unhealthy physical... |
2017 |
| Brietta R. Clark |
A Journey Through the Health Care Safety Net |
61 Saint Louis University Law Journal 437 (Spring, 2017) |
I began teaching health law in Spring 2002. The year before, I received a wonderful gift that has helped shape my teaching ever since--a book titled Mama Might Be Better Off Dead: The Failure of Health Care in Urban America. Written by investigative journalist Laurie Kaye Abraham and published in 1993, the book received critical acclaim. It was... |
2017 |
| Robert Gatter |
A Population Health Framework for Teaching Health Law |
61 Saint Louis University Law Journal 371 (Spring, 2017) |
Health law can seem unruly as a field of law, and this makes teaching a survey course on the subject very challenging. A health law survey is unlike, for example, a course on contract law that can be organized around the form of a contractual agreement. Likewise, it is different from a survey of constitutional law, which can be framed by the legal... |
2017 |
| Michael Simkovic |
A Value-added Perspective on Higher Education |
7 UC Irvine Law Review 123 (January, 2017) |
Higher education should not be evaluated based on good or bad outcomes, but rather based on value added. Education can add substantial value even while producing unappealing outcomes, because those outcomes may still be better than realistic alternatives after considering heterogeneity in student populations. Conversely, education can fail even... |
2017 |
| Martin McCaffrey, M.D. |
Abortion's Impact on Prematurity: Closing the Knowledge Gap |
32 Issues in Law and Medicine 43 (Spring, 2017) |
Kia was 20 years old, in her second year of college, and 23 weeks pregnant when her previously normal pregnancy radically changed. One morning she felt a gush of fluid followed by painful contractions. She rushed to a nearby emergency room, where she was told she was in preterm labor and her baby might deliver early. Kia was transferred to a larger... |
2017 |
| Aditi Juneja |
Accountability in Policing: How Complicity Perpetuates Institutional Injustice and Inequities in the United States and South Africa |
48 California Western International Law Journal 1 (Fall, 2017) |
C1-2Table of Contents Introduction. 2 I. Political Inequality and Citizens' Ability to Demand Change. 3 A. Voice. 4 B. Representation. 5 C. Influence. 7 1. Money as Influence. 7 2. Optimism and Belief in Agency. 9 3. Narratives Perpetuated by the Press. 10 II. Structural Barriers to Criminal Prosecutions as a Means of Accountability for Police... |
2017 |
| Debra Chopp |
Addressing Cultural Bias in the Legal Profession |
41 New York University Review of Law and Social Change 367 (2017) |
Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural... |
2017 |
| Inga T. Winkler, Catherine Coleman Flowers |
America's Dirty Secret: the Human Right to Sanitation in Alabama's Black Belt |
49 Columbia Human Rights Law Review 181 (Fall, 2017) |
C1-2Contents Introduction. 182 I. The Sanitation Crisis in Lowndes County, Alabama. 184 A. Lacking and Failing Infrastructure and the Burden on Individuals. 186 B. Impact of Inadequate Sanitation. 190 C. Criminalizing Inadequate Sanitation. 191 D. Reflecting Broader Patterns of Racial Inequalities in Access to Sanitation. 192 II. The Human Right to... |
2017 |
| Jill E. Adams, Melissa Mikesell |
And Damned If They Don't: Prototype Theories to End Punitive Policies Against Pregnant People Living in Poverty |
18 Georgetown Journal of Gender and the Law 283 (Symposium, 2017) |
Introduction. 284 I. Damned If They Do and Damned If They Don't: How the Poor get Punished for Reproductive Decisions. 286 A. Cash Aid Recipients Who Bear Children. 287 B. Medicaid Patients Who Need Abortions. 289 C. People Who End Their Own Pregnancies. 292 II. The New Paradigm to Expand Access, Options, and Resources for Pregnant People Living in... |
2017 |
| Eboni S. Nelson , Ronald Pitner , Carla D. Pratt |
Assessing the Viability of Race-neutral Alternatives in Law School Admissions |
102 Iowa Law Review 2187 (July, 2017) |
ABSTRACT: Over the past several years, law schools have experienced many challenges stemming from declines in student enrollment due to a shrinking applicant pool. The declining number of applicants is particularly problematic for law schools seeking to educate students in racially diverse learning environments. In light of recent challenges to the... |
2017 |
| Rebecca Critser |
Assisted Suicide: Is the Cruzan "Unqualified State Interest in the Preservation of Human Life" a Legitimate State Interest? |
13 NAELA Journal 71 (Fall, 2017) |
I. Introduction. 72 II. Identifying a Legitimate State Interest. 73 III. Review of Case History Relevant to the State Interest in Preserving Human Life. 75 A. The Move From a State Interest in Protecting Human Life to Preserving Human Life. 76 B. Birth of the State's Unqualified Interest in Preserving Human Life. 79 IV. Application of the States... |
2017 |
| Elaine Huang , Jacqueline Cauley , Jennifer K. Wagner |
Barred from Better Medicine? Reexamining Regulatory Barriers to the Inclusion of Prisoners in Research |
4 Journal of Law & the Biosciences 159 (April, 2017) |
In 2015, President Obama announced plans for the Precision Medicine Initiative® (PMI), an ambitious longitudinal project aimed at revolutionizing medicine. Integral to this Initiative is the recruitment of over one million Americans into a volunteer research cohort, the All of Us Research Program. The announcement has generated much excitement but... |
2017 |
| Allegra M. McLeod |
Beyond the Carceral State Caught: the Prison State and the Lockdown of American Politics. By Marie Gottschalk. Princeton, New Jersey: Princeton University Press, 2015. 502 Pages. $35.00 |
95 Texas Law Review 651 (February, 2017) |
The vast expansion of carceral control in the United States is the subject of a compelling body of scholarship, but efforts to decarcerate have received relatively little attention. One of the few studies to focus in depth on the prospects of carceral reform, political scientist Marie Gottschalk's brilliant and unsettling book, Caught: The Prison... |
2017 |
| Katherine Judson |
Bias, Subjectivity, and Wrongful Convictions |
50 University of Michigan Journal of Law Reform 779 (Spring, 2017) |
I'm Kate Judson, and I teach at the University of Wisconsin in the Law School. I've been asked to summarize the science for the lawyers in the room, which I have been told is a hopeless cause, but I'm a Cubs fan and I do wrongful convictions work, so I am comfortable with hopeless causes and I feel I'm up to the challenge. I'm confident that... |
2017 |
| Emily L.R. Wilson |
Big Hunger: the Unholy Alliance Between Corporate America and Anti-hunger Groups by Andrew Fisher (Cambridge, Ma: the Mit Press, 2017). 360 Pgs. $29.95. Order, Mitpress-orders@mit.edu |
90-NOV Wisconsin Lawyer 65 (November, 2017) |
In America, hunger as a societal issue is at the forefront of social consciousness. As author Andrew Fisher points out, many of us know people struggling to feed their families, and many of us have a sense of fairness or spiritual beliefs that lead us to reject a social Darwinist approach to the issue of food security. Almost all Americans... |
2017 |
| Priscilla A. Ocen |
Birthing Injustice: Pregnancy as a Status Offense |
85 George Washington Law Review 1163 (July, 2017) |
Over the last thirty years, pregnant women, particularly pregnant women of color, have increasingly come under the supervision and control of the criminal justice system. In July 2014, Tennessee became the first state in the country to pass a law criminalizing illegal drug use during pregnancy. Within weeks of its enactment, several women were... |
2017 |