AuthorTitleCitationSummaryYear
Philip C. Aka , Chidera Oku Black Retirement Security in the Era of Defined Contribution Plans: Why African Americans Need to Invest More in Stocks to Generate the Savings They Need for a Comfortable Retirement 14 Rutgers Journal of Law & Public Policy 169 (Spring, 2017) I. Introduction . II. Reasons Why African Americans Lag Behind Whites in Stock Market Participation . A. Perception that Investing in the Stock Market May be too Risky . B. Fear of Wall Street . C. Lack of Enough Money to Facilitate Participation in the Stock Market . D. Perception that Participation in the Stock Market May be too Complicated for... 2017
Jamillah Bowman Williams Breaking down Bias: Legal Mandates Vs. Corporate Interests 92 Washington Law Review 1473 (October, 2017) Abstract: Bias and discrimination continue to limit opportunities and outcomes for racial minorities in American institutions in the twenty-first century. The diversity rationale, touting the broad benefits of inclusion, has become widely accepted by corporate employers, courts, and universities. At the same time, many view a focus on... 2017
Susan McCarter , Elisa Chinn-Gary , Louis A. Trosch, Jr. , Ahmed Toure , Abraham Alsaeedi , Jennifer Harrington Bringing Racial Justice to the Courtroom and Community: Race Matters for Juvenile Justice and the Charlotte Model 73 Washington and Lee Law Review Online 641 (3/29/2017) This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system,... 2017
Miriam Wayne Burying Abortion in Stigma: the Fundamental Right No One Wants to Discuss. Abortion Portrayal on Film and Television 16 Virginia Sports and Entertainment Law Journal 216 (Spring, 2017) The fifth season's mid-season finale of Scandal, a drama centered around a crisis management firm solving problems of key political players, portrayed an abortion procedure for the first time on network television. The episode was highly praised for actually portraying the procedure. Shonda Rhimes, creator and showrunner of the hit, is known for... 2017
Gretel Lee Casting a Wide Net: Why it Is Incumbent upon the Environmental Protection Agency to Expand the Scope of its Cost-benefit Analysis to Include Native American Populations and Cultural Fishing Practices in the Aftermath of Michigan V. Epa 35 Law & Inequality: A Journal of Theory and Practice 393 (Summer, 2017) I think it is incredibly presumptuous and elitist for political scientists to conclude that the American people's cultural values in fact are not ones that lend themselves to a cost-benefit analysis and to presume that [the American people] would change their cultural values if in fact they were aware of the cost-benefit analysis. --Joseph Biden... 2017
Renée M. Landers, Chair, 2016-2017 Chair's Comment 42-WTR Administrative & Regulatory Law News 1 (Winter, 2017) By tradition, the turn of the New Year requires examination of choices made in our careers and in our lives. For administrative law practitioners, stepping back to affirm the value of mastering the myriad and arcane intricacies of regulatory programs provides validation for that sometimes unglamorous work. In 2015, my institution, Suffolk... 2017
JoAnn Kamuf Ward Challenging a Climate of Hate and Fostering Inclusion: the Role of U.s. State and Local Human Rights Commissions 49 Columbia Human Rights Law Review 129 (Fall, 2017) C1-2Contents Introduction. 130 I. The Domestic Legal Context. 136 A. Surge in Hate, Bias, and Intimidation. 136 B. Recent Commission Initiatives to Tackle Bias, Discrimination, and Harassment, and Foster Inclusion. 143 1. Community Outreach and Data Collection. 143 2. Policy Initiatives. 148 II. State And Local Human Rights Commissions: A First... 2017
Lia Epperson Civil Rights Remedies in Higher Education: Jurisprudential Limitations and Lost Moments in Time 23 Washington and Lee Journal of Civil Rights and Social Justice 343 (Spring, 2017) C1-3Table of Contents I. Introduction. 344 II. The Antecedents and Progeny of Brown: Identifying the Constitutional Right and Remedy in Educational Equality Cases. 352 A. Racial Equality in Higher Education Cases: Identifying a Constitutional Right. 352 B. Identifying a Constitutional Remedy: Brown II and its Progeny. 357 C. The Complementary... 2017
Sara Pratt Civil Rights Strategies to Increase Mobility 127 Yale Law Journal Forum 498 (10/30/2017) abstract. Increasing mobility across state, regional, and local lines can be a promising strategy for families currently stuck without jobs in poor and segregated neighborhoods. But policies at these levels have established and sustained segregation, thereby making exit from these neighborhoods difficult. Moreover, even when poor individuals enter... 2017
Jacqueline N. Font-Guzmán, M.H.A., J.D., Ph.D. Closing the Gap: Embedding Advance Care Planning in a Latino Community by Using a Culturally Sensitive Dispute Systems Design Approach 13 University of Saint Thomas Law Journal 192 (Winter, 2017) It Was a mirror of a bad death, not a good death--here's a gentleman who had been alone in an outside hospital and now he's alone here (Male Intern). Dying is not merely biological; it is also a social process. Just as humans cannot have a good life in isolation, they cannot have a good death in isolation. This Article explores the factors that... 2017
Rick Jones Coming and Going: Racial Disparity in the Punishment and Profit of Marijuana 41-DEC Champion 5 (December, 2017) [B]y getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we... 2017
Richard A. Marcantonio, Aaron Golub, Alex Karner, Louise Nelson Dyble Confronting Inequality in Metropolitan Regions: Realizing the Promise of Civil Rights and Environmental Justice in Metropolitan Transportation Planning 44 Fordham Urban Law Journal 1017 (August, 2017) Introduction. 1018 I. The Metropolitan Region and Regional Inequity. 1022 A. Early Suburbanization. 1023 B. White Flight, Subsidized Post-War Suburbanization, and Effects on Central Cities. 1024 1. Federal Transportation Policy Accelerates Suburbanization and Wreaks Urban Destruction. 1026 2. Increasing Citizen Participation and the Emergence of... 2017
Emily A. Benfer Contaminated Childhood: How the United States Failed to Prevent the Chronic Lead Poisoning of Low-income Children and Communities of Color 41 Harvard Environmental Law Review 493 (2017) Lead poisoning has plagued society for centuries, dating back to the Roman Empire. Children and adults exposed to the neurotoxin regularly experience an elevated risk for permanent brain damage, disability, and, at higher levels, death. Despite scientific evidence of the dangers of lead, the heavy metal was commonly used throughout civilization and... 2017
I. Glenn Cohen , Harry S. Graver Cops, Docs, and Code: a Dialogue Between Big Data in Health Care and Predictive Policing 51 U.C. Davis Law Review 437 (December, 2017) C1-2Table of Contents I. Everything Some Things You Wanted to Know About Predictive Analytics in Policing and Health Care in Fewer than 1700 Words. 440 A. Predictive Policing. 440 B. Predictive Analytics in Health Care. 445 II. What Can the Doc and Cop Teach Each Other?. 447 A. Big Data and Equality. 447 B. Role Disruption, Training Gaps, and... 2017
Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500, Website www.ndsny.org, Email rjones@ndsny.org Crack, Opioids, and the Modest Reparation of Clemency 41-NOV Champion 5 (November, 2017) In an interview given to Mother Jones in 1989, then-Minority Whip Newt Gingrich described his strategy for the crack cocaine problem--a strategy that called for an increase in prisons, police, prosecutors and law enforcement overall--as very old-fashioned, because it works. In a rare example of bipartisanship, both sides of the aisle seemed eager... 2017
Valeria Vegh Weis Criminal Selectivity in the United States: a History Plagued by Class & Race Bias 10 DePaul Journal for Social Justice 1 (Summer, 2017) The United States is at a pivotal moment in terms of rethinking class and racial inequality within the criminal justice system. However, there is a lack of shared conceptual tools to frame this debate. First, there is no clear or comprehensive theoretical tool to describe, categorize, or analyze class and racial inequality throughout the criminal... 2017
Marc-Tizoc González Criminalizing Charity: Can First Amendment Free Exercise of Religion, Rfra, and Rluipa Protect People Who Share Food in Public? 7 UC Irvine Law Review 291 (June, 2017) Introduction. 293 I. Contested (Emic and Etic) Meanings of Sharing Food in Public. 301 A. Religious Charity or Ministry. 302 B. Political Solidarity or Mutual Aid. 307 C. Municipal Terms. 313 1. Food Distribution. 313 2. Homeless or Large Group Feeding. 315 3. Social Service Facilities and Outdoor Food Distribution Centers. 317 II. Publicly Sharing... 2017
Cortney E. Lollar Criminalizing Pregnancy 92 Indiana Law Journal 947 (Summer, 2017) The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by... 2017
Terrie Sullivan Crushing the Bandwagon: the Millennial Paradox of Employment Opportunity and Social Media 66 DePaul Law Review 721 (Winter, 2017) Tell a joke that upsets the kids, and the next morning the student-activities director is going to be on the phone: to your agent, to NACA [National Association for Campus Activities], and--more crucially--to his or her co-equals at the other four colleges in the region that you booked. Highlighting the challenges comedians face in the wake of a... 2017
Ruha Benjamin Cultura Obscura: Race, Power, and "Culture Talk" in the Health Sciences 43 American Journal of Law & Medicine 225 (2017) The price of culture is a Lie. This Article advances a critical race approach to the health sciences by examining culture talk as a discursive repertoire that attributes distinct beliefs, behaviors, and dispositions to ethno-racialized groups. Culture talk entails a twofold process of obfuscation--concealing the social reality of the people it... 2017
Vernellia Randall, Tshaka Randall Cutting Across the Bias: Teaching Implicit Bias in a Healthcare Law Course 61 Saint Louis University Law Journal 511 (Spring, 2017) Law faculty train students to believe that the law is objective in development, adoption, and application. Law faculty tend to teach discrimination in the law as either a historical oddity or very infrequent occurrence. When the law deals with discrimination, it does so narrowly, focusing on discrimination driven by intent, explicit stereotypes,... 2017
Luke A. Boso Dignity, Inequality, and Stereotypes 92 Washington Law Review 1119 (October, 2017) Abstract: In Obergefell v. Hodges, the Supreme Court held that same-sex marriage bans violate the Equal Protection Clause for two primary reasons. First, they subordinate; they send the message that lesbians and gays are inferior to heterosexuals. Second, they unequally deny lesbian and gay individuals the liberty to make fundamental decisions... 2017
Patrick S. Metze Dissecting the Aba Texas Capital Punishment Assessment Report of 2013: Death and Texas, a Surprising Improvement 51 Akron Law Review 219 (2017) I. Introduction. 220 II. Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas Capital Punishment Assessment Report (2013). 221 A. Identification and Interrogation. 222 1. Interrogations. 223 2. Eyewitness Identification. 224 3. Accountability. 225 4. Informants. 226 5. Forensics. 227 B. Collection, Preservation, DNA Testing,... 2017
Jennifer K. Wagner Dna, Racial Disparities, and Biases in Criminal Justice: Searching for Solutions 27 Albany Law Journal of Science and Technology 95 (2017) [W]e remain imprisoned by the past as long as we deny its influence in the present. ~Justice Brennan The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity. ~Universal Declaration on the Human Genome and Human Rights I. Maryland v. King. 99 Facts... 2017
Sydney L. Hawthorne Do Desperate Times Call for Desperate Measures in the Context of Democracy? Michigan's Emergency Manager Law & the Voting Rights Act 41 New York University Review of Law and Social Change 181 (2017) In an effort to remedy the financial distress Michigan cities faced after the 2007 recession, the Michigan state legislature passed 2012 Public Act 436 (PA 436), the Local Financial Stability and Choice Act. Under PA 436, state-appointed emergency managers act for--and in place of--local governing bodies, and assume all authority of locally... 2017
Adrienne Testa Doctor's Orders: the Food-as-medicine Movement 26 Annals of Health Law Advance Directive 1 (Summer, 2017) The United States currently faces a chronic disease crisis. The Center for Disease Control (CDC) estimates that approximately 191 million Americans live with at least one chronic disease, and that seventy-five million Americans live with two or more chronic diseases. Chronic disease lays a heavy burden on health care, and by extension, all... 2017
Katherine Drabiak Dying to Be Fresh and Clean? Toxicants in Personal Care Products, the Impact on Cancer Risk, and Epigenetic Damage 35 Pace Environmental Law Review 75 (Fall, 2017) The FDA does not conduct pre-market review of chemicals contained in cosmetics--which encompasses not only makeup but also numerous personal care products including shampoo, lotion, perfume, aftershave, and shaving cream. Every day, consumers use cosmetic products that contain a variety of synthetic ingredients, none of which the FDA has approved... 2017
Laura T. Kessler Employment Discrimination and the Domino Effect 44 Florida State University Law Review 1041 (Spring, 2017) Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees' responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII's major proof structures divide... 2017
Carmen G. Gonzalez Environmental Racism, American Exceptionalism, and Cold War Human Rights 26 Transnational Law & Contemporary Problems 281 (Summer, 2017) I. International Law in U.S. Courts Before World War II. 285 II. Cold War Human Rights. 288 A. International Human Rights at the United Nations: The U.N. Human Rights Petitions. 290 B. International Human Rights Law in the United States. 294 III. The Mossville Case Study. 298 A. U.S. Environmental and Antidiscrimination Law. 301 B. The Mossville... 2017
Barbara O'Brien, Catherine M. Grosso, Abijah P. Taylor Examining Jurors: Applying Conversation Analysis to Voir Dire in Capital Cases, a First Look 107 Journal of Criminal Law and Criminology 687 (Fall, 2017) Scholarship about racial disparities in jury selection is extensive, but the data about how parties examine potential jurors in actual trials is limited. This study of jury selection for 792 potential jurors across twelve randomly selected North Carolina capital cases uses conversation analysis to examine the process that produces decisions about... 2017
Ruqaiijah Yearby Exploitation in Medical Research: the Enduring Legacy of the Tuskegee Syphilis Study 67 Case Western Reserve Law Review 1171 (Summer, 2017) C1-2Contents Introduction. 1172 I. Medical Research Studies Involving Children: The Structure and History. 1177 A. Structure of Medical Research Studies Involving Human Subjects. 1178 B. The Belmont Report. 1181 C. The Common Rule. 1187 II. Inclusion, Exploitation, and Bias. 1190 A. Inclusion. 1191 B. Using Inclusion to Exploit. 1192 C. Bias in... 2017
Lauren Tonti, JD, LLM , Harvard T.H. Chan School of Public Health, Boston, MA Farm to School and Health Equity: Through a Legal Lens 30 Health Lawyer 20 (October, 2017) Farm to school programs connect schools with local producers in order to bring fresh, healthy, local produce into cafeterias and food system education into classrooms. Laws bring farm to school programs to life. An analysis of farm to school laws demonstrates how programs that connect students with healthful food options are important tools for... 2017
V. Noah Gimbel Fetal Tissue Research & Abortion: Conscription, Commodification, and the Future of Choice 40 Harvard Journal of Law & Gender 229 (Winter, 2017) The use of fetal tissue in medical research has emerged from obscurity to the center of the abortion debate. So far, the political positions taken on either side of the fetal tissue research debate have mirrored those of the prochoice/pro-life camps, with self-described feminists largely coming out in support of the use of aborted fetuses in... 2017
Kimberly M. Sánchez Ocasio, Leo Gertner Fighting for the Common Good: How Low-wage Workers' Identities Are Shaping Labor Law 126 Yale Law Journal Forum 503 (4/19/2017) Social movements led by workers in low-wage industries, from fast food to car washes to nursing homes, have upended the public narrative of who poor workers are and what they deserve both at work and at home. By doing so, these movements have won victories that were once considered unrealistic and doomed. As a result of the Fight for $15's... 2017
Alanna Doherty Filmic Contributions to the Long Arc of the Law: Loving and the Narrative Individualization of Systemic Injustice Or, Perfect Plaintiffs in an Imperfect Narrative: Perfectly Optimistic for an Imperfect Post-election World? 50 Creighton Law Review 693 (June, 2017) I. INTRODUCTION. 694 II. NARRATIVE IDEOLOGY IN FILM AND LAW. 694 III. LOVING REPACKAGES THE LOVINGS' HISTORIC CIVIL RIGHTS STRUGGLE AGAINST WIDER SYSTEMIC OPPRESSION AS A PERSONAL VICTORY WON BY TRIUMPHANT INDIVIDUALS THROUGH THE POWER OF LOVE. 698 A. Loving's Narrative Focus on the Family as the Reason to Allow Interracial Marriage Resembles... 2017
Jeffery Rowe Five Years after Nfib: Is Medicaid Expansion Still Feasible? 10 Journal of Health & Life Sciences Law 36 (February, 2017) What is the issue? As the Medicaid expansion envisioned by the Affordable Care Act remains optional for each state in the wake of the Supreme Court's decision in National Federation of Independent Business v. Sebelius, state lawmakers must evaluate the consequences of declining federal dollars at the risk of impacting uninsured residents, health... 2017
Toni M. Massaro, Ellen Elizabeth Brooks Flint of Outrage 93 Notre Dame Law Review 155 (November, 2017) Officials replaced safe water sources with contaminated water sources for tens of thousands of people living in Flint, Michigan, from April 2014 to October 2015. Overwhelming evidence indicates that the officials knew the water was potentially harmful to residents' health and property. This unfathomable disregard for the residents of Flint sparked... 2017
Lauren Tonti Food for Thought: Flexible Farm to School Procurement Policies Can Increase Access to Fresh, Healthy School Meals 27 Health Matrix: Journal of Law-Medicine 463 (2017) C1-2Contents Introduction. 464 I. Overview of the National School Lunch Program and School Breakfast Program. 468 A. What are the National School Lunch and School Breakfast Programs?. 468 B. How Do Schools Use Government Funds to Purchase School Meals?. 470 C. What Roles do Food Service Management Companies Play in School Meal Programs?. 472 II.... 2017
Ernesto Hernández-López Food, Animals, and the Constitution: California Bans on Pork, Foie Gras, Shark Fins, and Eggs 7 UC Irvine Law Review 347 (June, 2017) Animal welfare policies focused on food production cook up significant constitutional controversies. Since 2008, California has tried to ban the sale of certain edible items made from animals. Eaters and farmers challenge these policies, citing economic discrimination and preemption by federal statutes, in violation of the Constitution's Dormant... 2017
Loren D. Goodman For What It's Worth: the Role of Race- and Gender-based Data in Civil Damages Awards 70 Vanderbilt Law Review 1353 (May, 2017) Introduction. 1354 I. Statistical Reliance on Race and Gender. 1358 A. Historically Permissible Stereotyping. 1358 1. An Introduction to Actuarial Science and the Problem of Redlining. 1358 2. Life Tables, Forensic Economists, and Lost Earnings Calculations. 1360 B. Recent Rejections of Raced-Based and Gendered Evidence at Trial: Selected... 2017
William M. Sage Fracking Health Care: How to Safely De-medicalize America and Recover Trapped Value for its People 11 NYU Journal of Law & Liberty 635 (2017) Call it the trillions that time forgot. Shining fortresses filled with gold and teeming with human activity dot the American landscape. Within them, much is produced to benefit the nation. Overseers enjoy prestige and prosperity, and minions security and purpose. Outside their gates, society's reverence is made tangible by regular custom and lavish... 2017
Connie Felix Chen Freeze, You're on Camera: Can Body Cameras Improve American Policing on the Streets and at the Borders? 48 University of Miami Inter-American Law Review 141 (Spring, 2017) In the United States, recent killings of civilians by law enforcement have propelled body cameras to the forefront of solutions to the epidemic of police misconduct. Preliminary studies suggest that body cameras create a win-win situation for both the police and the public by producing a civilizing effect on all parties involved. The problem,... 2017
Carl Takei From Mass Incarceration to Mass Control, and Back Again: How Bipartisan Criminal Justice Reform May Lead to a For-profit Nightmare 20 University of Pennsylvania Journal of Law and Social Change 125 (2017) Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If progressive advocates rely solely on this alliance... 2017
Patrice L. Simms Furtive Subsidies: Reframing Fossil Fuel's Regulaotry Exceptionalism 35 Virginia Environmental Law Journal 420 (2017) Furtive: . done by stealth: surreptitious. Subsidy: . a grant by a government to a private person or company to assist an enterprise deemed advantageous to the public. I. Introduction. 420 II. The Problem With Furtive Subsidies. 432 A. A Closer Look at Special Treatment. 432 B. Equity Implications of Furtive Subsidies. 439 III. Furtive... 2017
R. Shea Diaz Getting to the Root of Environmental Injustice: Evaluating Claims, Causes, and Solutions 29 Georgetown Environmental Law Review 767 (Summer, 2017) The Environmental Justice (EJ) Movement fights to remedy the disproportionate toxic exposure experienced by low-income and minority communities. This Note investigates three questions arising from the EJ Movement's basic claim: (I) What empirical research, if any, evidences environmental injustice; (II) What causal theories are most supported by... 2017
Sahar F. Aziz Global Conflict and Populism in a Post-9/11 World 52 Tulsa Law Review 395 (Winter, 2017) It is a privilege to be here today to deliver the Seventeenth Annual Buck Colbert Franklin Civil Rights Lecture. As a civil rights attorney and law professor working with Muslim and Arab American communities who are among the most unpopular minority group today, it is a special honor to recognize the noble work of Buck Colbert Franklin. It is... 2017
Berta Esperanza Hernández-Truyol Glocalizing Women's Health and Safety: Migration, Work and Labor 15 Santa Clara Journal of International Law 48 (2/2/2017) Worldwide, women's equality remains elusive in the social, political, civil, economic and cultural spheres. Such reality presents a challenge in the movement of persons across state borders because, globally, the world is experiencing a feminization of migration. In turn, the feminization of migration effects threats to the health and safety of... 2017
Brandon Haase Guaranteeing the Right to Vote for Twenty-first Century America 43 Journal of Legislation 240 (2016-2017) The general elections of 2008 and 2012 saw incredibly high rates of minority participation in the election process, seeming to fulfill the highest aims of the Voting Rights Act of 1965 (VRA). Shortly after the beginning of President Obama's second term, however, central provisions of this landmark piece of civil rights legislation were dismantled... 2017
Alex Lemberg Hackers Made Me Lose My Job!: Health Data Privacy and its Potentially Devastating Effect on the Lgbtq Population 47 Golden Gate University Law Review 175 (May, 2017) The nature of injustice is that we may not always see it in our times. -Justice Anthony Kennedy Your personal health records contain some of the most sensitive personal data about you, but your information might already be publicly available on the Internet. Healthcare records comprised two-thirds of all data targeted by computer hackers in 2015,... 2017
Isabella Nascimento Hands Up, Don't Shoot: the Use of Deadly Force by Police Against Racial Minorities in the United States 24 U.C. Davis Journal of International Law and Policy 63 (Fall, 2017) Recently, the U.S. has attracted negative attention because of the prevalence of the use of deadly force by police against Black Americans. The public--both national and international--have criticized the U.S.'s culture of police impunity, claiming that it is in violation of various international human rights treaties. This Comment analyzes the... 2017
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