| Author | Title | Citation | Summary | Year |
| Joseph Denker, Jennifer Gilbert, Michelle Gulino, Wenda Tang |
Health Care Access: Access after Health Care Reform |
18 Georgetown Journal of Gender and the Law 599 (2017) |
Introduction. 600 I. Background of Health Care Access in the United States. 601 A. Health Care Access Landscape Prior to the ACA. 601 B. Key Changes Introduced Under the ACA. 602 1. New Consumer Protections Effective September 23, 2010. 603 2. The Insurance Marketplace and Employer-Related Mandates from 2014 through 2017. 605 3. Improving Quality,... |
2017 |
| Lawrence Singer |
Health Care Is Not a Typical Consumer Good and We Should Not Rely on Incentivized Consumers to Allocate it |
48 Loyola University Chicago Law Journal 703 (Spring, 2017) |
Introduction. 703 I. Health Care Lacks Transparency. 710 II. There is no Available Proxy having an Interest Unified with Consumers to Evaluate Quality and Cost Data. 718 III. Relying on the Market to Allocate Health Care Is Wrong. 720 |
2017 |
| Glenn E. Chappell |
Health Care's Other "Big Deal": Direct Primary Care Regulation in Contemporary American Health Law |
66 Duke Law Journal 1331 (March, 2017) |
Direct primary care is a promising, market-based alternative to the fee-for-service payment structure that shapes doctor-patient relationships in America. Instead of billing patients and insurers service by service, direct primary care doctors charge their patients a periodic, prenegotiated fee in exchange for providing a wide range of healthcare... |
2017 |
| Craig Konnoth |
Health Information Equity |
165 University of Pennsylvania Law Review 1317 (May, 2017) |
In the last few years, numerous Americans' health information has been collected and used for follow-on, secondary research. This research studies correlations between medical conditions, genetic or behavioral profiles, and treatments, to customize medical care to specific individuals. Recent federal legislation and regulations make it easier to... |
2017 |
| Jacqueline R. Fox |
Healthism, Intersectionality, and Health Insurance: the Compounded Problems of Healthist Discrimination |
18 Marquette Benefits & Social Welfare Law Review 279 (Spring, 2017) |
Healthism can identify situations where a person is subject to a particular form of bigotry based on their individual health status. In health insurance, some forms of healthism are unavoidable due to the very nature of health insurance structures. However, when analyzing health insurance programs, particularly those that are funded through... |
2017 |
| Jessica Silbey |
Heuristic Interventions in the Study of Intellectual Property |
101 Minnesota Law Review Headnotes 333 (Spring, 2017) |
Professor Dan Burk offers many challenges to the study of patents and patent law in his Article On the Sociology of Patenting. Burk's Article is itself a response to Professor Mark Lemley's Article Faith-Based Intellectual Property. Lemley's Article critiques as irrational (e.g., based on a leap of faith) continued adherence to intellectual... |
2017 |
| Jessica L. Roberts , Leah R. Fowler |
How Assuming Autonomy May Undermine Wellness Programs |
27 Health Matrix: Journal of Law-Medicine 101 (2017) |
In recent years, corporate wellness programs have become a routine aspect of the employer-provided health-insurance system. While they vary tremendously in their requirements and incentives, what these programs share is the common goal of modifying employee behavior to improve health and, as a result, to lower costs. However, the effectiveness of... |
2017 |
| Eleanor Lumsden |
How Much Is Police Brutality Costing America? |
40 University of Hawaii Law Review 141 (Winter 2017) |
L1-2INTRODUCTION . L3142 I. A BRIEF HISTORY OF POLICING. 145 II. FEDERAL LAW. 155 A. The United States Constitution. 155 B. Federal Statutory Law. 158 III. THE COMMON LAW OF TORTS. 162 IV. THE COSTS OF POLICE BRUTALITY. 165 A. Direct, Current Costs. 165 1. Costs to Victims. 165 2. Broken Homes and Families. 172 B. Indirect, Current Costs. 174 1.... |
2017 |
| Charity Scott, ID., MSCM |
Incorporating Lawyers on the Interprofessional Team to Promote Health and Health Equity |
14 Indiana Health Law Review 54 (2017) |
C1-3Table of Contents I. Introduction. 55 II. The Past. 56 A. Health Care Disparities Begin to Get the Attention of the Federal Government B. Lawyers Not Seen on the Health Team III. The Present. 62 A. Progress on the IOM's Recommendations to Address Health Disparities B. Shift in Mindset: The Socioeconomic Determinants of Health. C. Lack of... |
2017 |
| Joli Patel, Faculty Advisor Name: Professor Christopher Holman Abstract |
India's Crack down on the Practice of Pharmaceutical Evergreening: the 2013 Novartis Decision |
85 UMKC Law Review 503 (Winter, 2017) |
Pharmaceutical companies rely on patenting medicines in order to shield their invention from competition and to maximize profits. Pharmaceutical companies use their power and influence to manipulate the patent system in order to extend the lives of their patents. This monopoly stifles the generic market and prevents generic manufacturers from... |
2017 |
| Michael Sant'Ambrogio, Adam S. Zimmerman |
Inside the Agency Class Action |
126 Yale Law Journal 1634 (April, 2017) |
Federal agencies in the United States hear almost twice as many cases each year as all the federal courts. But agencies routinely avoid using tools that courts rely on to efficiently resolve large groups of claims: class actions and other complex litigation procedures. As a result, across the administrative state, the number of claims languishing... |
2017 |
| Licia Carlson |
Intelligence, Disability, and Race: Intersections and Critical Questions |
43 American Journal of Law & Medicine 257 (2017) |
Historically, many theories of racial inferiority have been articulated in terms of intellectual and cognitive incapacity; at the same time, many definitions and categories of intellectual disability bear the mark of racist ideologies and racialized notions of disease, including genetic, biological, anatomical, and physiological abnormalities. As a... |
2017 |
| Jennifer Bennett Shinall |
Intersectional Complications of Healthism |
18 Marquette Benefits & Social Welfare Law Review 255 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 256 II. Navigating the Intersection of Health and Protected Status. 263 A. At the Intersection of Sex and Weight Discrimination. 263 B. At the Intersection of Sex and Disability Discrimination. 271 C. At the Intersection of Historically Disadvantaged Status and Healthism. 273 III. Remedying Intersectional... |
2017 |
| Khiara M. Bridges, Terence Keel, Osagie K. Obasogie |
Introduction: Critical Race Theory and the Health Sciences |
43 American Journal of Law & Medicine 179 (2017) |
This symposium volume begins with a simple provocation: race and racism are central to the development of medicine and the health sciences. If pursuits of health equity are to be taken seriously, this repositioning of race as central rather than peripheral to science and medicine suggests that improved health outcomes and reduced disparities cannot... |
2017 |
| Kevin Snow |
Ipot: Is China Interfering with U.s.-mexican Efforts to Reduce Organized Crime? |
29 Florida Journal of International Law 99 (April, 2017) |
Introduction. 100 I. How High End Cannabis Concentrates Became A U.S.-Mexico Problem. 103 A. The Scheduling Practices of the Single Convention. 105 B. What is Cannabis Oil Or Wax?. 111 C. Are the Risks of Organizing Crime Syndicates Outweighed by the Need for Marijuana?. 112 D. Are Penalties for Cannabis Oil Manufacturing Outweighing the Costs of... |
2017 |
| Taylor J. House |
Is the United States Judicial System Failing Transgender Women? A Critical Overview |
12 Florida A & M University Law Review 333 (Spring, 2017) |
Introduction. 333 I. The Start of the LGBTQA Civil Rights Movement led by Transgender Women. 335 II. The Prison System and Transphobia. 338 III. Say Her Name: The Erasure of Black Trans-Women from the Black Lives Matter Movement. 343 IV. Should This be a Right?. 345 A. Transgender Acceptance Using Cis-Gender Bathrooms. 346 V. Adequate Health Care... |
2017 |
| Robert C. Boruchowitz |
Judges Need to Exercise Their Responsibility to Require That Eligible Defendants Have Lawyers |
46 Hofstra Law Review 35 (Fall, 2017) |
There are many courts in the United States, particularly misdemeanor courts, in which accused persons appear and often plead guilty without ever receiving the advice of counsel, even when they are eligible for a public defender. In various states, between twenty-five and sixty-eight percent of the defendants in misdemeanor cases do not have... |
2017 |
| Lawrence E. Singer |
Leadership in Online "Non-traditional" Legal Education: Lessons Learned & Questions Raised |
94 University of Detroit Mercy Law Review 43 (Winter, 2017) |
The raison d'être of law schools is changing. Long focused exclusively on students wishing to enter the legal profession, contemporary law schools are quickly converting to institutions devoted to providing a variety of degrees, continuing education programs, and a host of other services and supports, to a diverse educational cohort, including... |
2017 |
| Sidney D. Watson |
Lessons from Ferguson and Beyond: Bias, Health, and Justice |
18 Minnesota Journal of Law, Science & Technology 111 (Winter, 2017) |
Introduction. 111 I. Racial Bias, Health, and Health Care. 115 II. Affordable Care Act: A Health Equity Agenda. 126 III. Section 1557 of the Affordable Care Act. 131 Conclusion. 141 |
2017 |
| Monique Peterkin, Editor-in-Chief |
Letter from the Editor-in-chief |
60 Howard Law Journal vii (Spring, 2017) |
Every third Issue of the Howard Law Journal is dedicated to a symposium honoring the legacy of former Howard University School of Law dean and civil rights leader, Wiley A. Branton. Each year, students, scholars, faculty, and staff, as well as family members and close friends of Wiley A. Branton come together to engage in productive discourse about... |
2017 |
| Catheryn S. Koss |
Links Between Race Disparities in Advance Care and Estate Planning |
38 Bifocal 102 (July-August, 2017) |
Approximately 40% of older adults in the United States require surrogate decision making at the end of life because they become unable to formulate or articulate instructions about their health care. When no information about a person's preferences is available, the general legal presumption is that the individual would choose to receive all... |
2017 |
| Risa E. Kaufman |
Localizing Human Rights in the United States Through the 2030 Sustainable Development Agenda |
49 Columbia Human Rights Law Review 99 (Fall, 2017) |
Global challenges manifest in local realities. Across the United States, communities confront racial and gender injustice, lack of affordable health care and housing, barriers to employment and education, rising maternal mortality rates, contaminated water, and the impacts of climate change, among other human rights concerns. Local governments are... |
2017 |
| Annalise Buth, Lynn Cohn |
Looking at Justice Through a Lens of Healing and Reconnection |
13 Northwestern Journal of Law & Social Policy 1 (Fall, 2017) |
On March 10, 2017, more than 300 people gathered in Lincoln Hall, the oldest lecture hall at Northwestern Pritzker School of Law, for the 10th Annual Northwestern Journal of Law and Social Policy (JLSP) Symposium, Healing Our Justice System: Restorative Justice and the Law. They sat in hard, old-fashioned, wooden booths, light shining through... |
2017 |
| Robert A. Mikos |
Making Preemption less Palatable: State Poison Pill Legislation |
85 George Washington Law Review 1 (January, 2017) |
Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state law, even when the state interests Congress displaces far exceed its own. The threat of preemption has raised alarms across the... |
2017 |
| Dayna Bowen Matthew |
Medical-legal Partnerships and Mental Health: Qualitative Evidence That Integrating Legal Services and Health Care Improves Family Well-being |
17 Houston Journal of Health Law & Policy 343 (2017) |
L1-2Table of Contents Introduction. 344 I. The MLP Model. 348 A. Overview. 348 B. Examples. 350 C. MLP Populations. 352 II. How MLP Interventions Equalize Access to the Social Determinants of Health. 353 A. Overview. 353 B. Evidence Linking Social Determinants, Law, and Health. 354 III. The Evidence: MLPs Positively Impact Patients, Families, and... |
2017 |
| Alan B. Morrison |
Michael Graetz and Linda Greenhouse, the Burger Court and the Rise of the Judicial Right, New York: Simon & Schuster, 2016, Pp. 480, $30.00 (Cloth) |
66 Journal of Legal Education 653 (Spring, 2017) |
The Burger Court and the Rise of the Judicial Right is very upfront about its thesis--in its introduction, its conclusion, and in each of the five parts dealing with a significant area of the Supreme Court's work during the Burger Court era. The authors note that the Burger Court was often depicted as simply having occupied a transitional role,... |
2017 |
| Julie Micalizzi |
Misappropriation of Genetic Resources in Africa |
8 Case Western Reserve Journal of Law, Technology & the Internet 1 (2017) |
The implementation of the patent system sought to foster innovation in fields that would yield the most public benefit, by offering the innovator an exclusive property right. A patent imparts on its owner a right to exclude others from making and distributing the claimed invention. Importantly, a patent does not grant the right to make or use the... |
2017 |
| Jessica M. Goldstein |
Mitchell's Story: a Cautionary Tale of Underlying Cardiovascular Disease and the Call for Increased Pre-participation Sports Physicals at the Intercollegiate Level |
27 Marquette Sports Law Review 495 (Spring, 2017) |
Hypertrophic cardiomyopathy (HCM) is a devastating genetic disease that impacts the lives of thousands of people every year. While most of these people do not get media recognition for their untimely deaths, some people who succumb to the disease are high profile athletes in their communities and schools. Many school systems, the National... |
2017 |
| Jeffrey Fagan , Elliott Ash |
New Policing, New Segregation: from Ferguson to New York |
106 Georgetown Law Journal Online 33 (2017) |
In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the New Policing. Breaking with a past tradition of reactive policing, the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The... |
2017 |
| National Quality Forum |
Nqf Launches Multi-year Program to Improve Health Equity |
19 Journal of Health Care Compliance 47 (November-December, 2017) |
The National Quality Forum (NQF) has launched a comprehensive, multi-year program to reduce health disparities and advance the delivery of high-quality health care for all Americans. Disparities are differences caused by inequities linked to social, economic, and/or environmental disadvantages. NQF's goal is to improve health equity and health care... |
2017 |
| Tia D. Jeffery, Ph.D., RDN, CHES |
Nutrition and Health Equity: the Role of Washington, D.c.'s East Capitol Urban Farm |
10 Saint Louis University Journal of Health Law & Policy 249 (2017) |
Disenfranchised communities have yet to become full beneficiaries of the core values of the Constitution. Health inequities are rooted in the social barriers connected to racism, classism, and sexism. Furthermore, marginalized groups in Washington, District of Columbia (D.C.), reside in food deserts. Urban agriculture has gained exposure as a... |
2017 |
| Jeremy Dunham, Holly Lawford-Smith, University of Sheffield, Department of Philosophy, j.dunham@sheffield.ac.uk, University of Sheffield, Department of Philosophy, h.lawford-smith@sheffield.ac.uk |
Offsetting Race Privilege |
11 Journal of Ethics & Social Philosophy 1 (January, 2017) |
ON SATURDAY, AUGUST 9, 2014, Michael Brown was shot - six times - and killed by Darren Wilson, a white police officer in Ferguson, Missouri (see e.g., Buchanan et al. (2014)). Since that date, Ferguson has been the center of a movement in the United States against what amounts to modern racial separation. Brown was the fourth unarmed black man to... |
2017 |
| Professor Ann Freedman, moderator, Ruby White Starr, Fraidy Reiss, Lisalyn R. Jacobs, Esq. |
Panel Two: Violence Against Women: Beijing+20 |
38 Women's Rights Law Reporter 236 (Spring/Summer, 2017) |
Okay folks, if you could have a seat. We are going to start our next panel. Our next panel is about violence. I'm pleased to introduce my colleague, Professor Ann Freedman, who will be moderating this panel. Hi folks. As with the other panels, I'm going to direct you to the biographies in the program to learn about our speakers. I also have the sad... |
2017 |
| Guyora Binder , Ben Notterman |
Penal Incapacitation: a Situationist Critique |
54 American Criminal Law Review 1 (Winter, 2017) |
Objects or ends of penal justice .: 1st, Example--prevention of similar offences . by the repulsive influence exercised on the minds of bystanders by the apprehension of similar suffering in case of similar delinquency. 2dly, Reformation--prevention of similar offences on the part of the particular individual punished . by curing him of the will to... |
2017 |
| Jessica Watters |
Pink Hats and Black Fists: the Role of Women in the Black Lives Matter Movement |
24 William and Mary Journal of Women and the Law 199 (Fall, 2017) |
I. Origins and Critiques of the Women's March II. True Intersectional Feminism Must Be Continuously Demonstrated by Allies III. The Collective Power of (White) Women Conclusion On January 21, 2017, nearly five hundred thousand people, many adorned in pink, cat-eared pussyhats, descended on Washington, D.C.--the flagship location for the official... |
2017 |
| Osagie K. Obasogie, Zachary Newman |
Police Violence, Use of Force Policies, and Public Health |
43 American Journal of Law & Medicine 279 (2017) |
Racialized police violence is a recurring issue. Recent social movements have re-centered police violence as a subject of public discourse, yet there has been little progress in reducing the number of people killed by police. Without further efforts in research and legal reform, this everyday crisis will continue. Thus, material interventions... |
2017 |
| Darrell D. Jackson, JD, PhD |
Profiling the Police: Flipping 20 Years of Whren on its Head |
85 UMKC Law Review 671 (Spring, 2017) |
In this article, I argue a simple, time-honored philosophy - What's good for the goose is good for the gander. The Supreme Court and a large swath of law enforcement appear to be comfortable with the idea of profiling - racially and generally. Simultaneously, historically marginalized communities throughout the country are calling for increased... |
2017 |
| Philip C. Aka , Chidera V. Oku , Murna Habila |
Promoting Retirement Security for Low-income Workers in Illinois: an Analysis and Lessons for Other States |
51 Akron Law Review 367 (2017) |
I. Introduction. 368 II. Defining Retirement Security and Low-Income Workers. 376 III. The Janus-Face Nature of Retirement (In)Security in Illinois and Its Ramifications for Low-Income Workers. 378 A. Private-Sector Face. 379 B. Public-Sector Face. 383 C. Ramifications for Low-Income Workers. 389 IV. Six Saving Techniques for Promoting Retirement... |
2017 |
| Emily Rees Brown |
Public-private Partnerships: Hud's Lost Opportunities to Further Fair Housing |
21 Lewis & Clark Law Review 735 (2017) |
This Article examines important yet rarely discussed barriers to dismantling residential segregation in the United States: federal regulations that prevent recipients of federal housing dollars from productively engaging the private sector and effectively navigating the private housing market. These U.S. Department of Housing and Urban Development... |
2017 |
| Judith E. Koons |
Pulse: Finding Meaning in a Massacre Through Gay Latinx Intersectional Justice |
19 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2017) |
I. Introduction. 2 II. Finding Meaning: The Roots of Violence in Enlightenment Thinking. 8 A. The Social Construction of Homophobia and Border Anxiety: A Critical Review. 12 B. Hate Crime Against Latina/os: More Border Anxiety. 14 C. Intersectional Oppression: LBGTQ People of Color. 18 III. Making Meaning: Ways to Heal. 26 A. They Were Dancing:... |
2017 |
| Osagie K. Obasogie , Irene Headen , Mahasin S. Mujahid |
Race, Law, and Health Disparities: Toward a Critical Race Intervention |
13 Annual Review of Law and Social Science 313 (2017) |
health disparities, health equity, critical race theory, social determinants In response to persistent and pervasive differences in health across racial and ethnic groups in the United States, there is a national commitment to achieving health equity, or optimal levels of health for all. Achieving health equity and eliminating health disparities is... |
2017 |
| Frank W. Munger , Carroll Seron |
Race, Law, and Inequality, 50 Years after the Civil Rights Era |
13 Annual Review of Law and Social Science 331 (2017) |
race, racism, structural inequality, persistent inequality, law, policy, discrimination, mass incarceration Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism... |
2017 |
| Kristin Henning |
Race, Paternalism, and the Right to Counsel |
54 American Criminal Law Review 649 (Summer, 2017) |
The right to counsel is a core component of justice for those accused of crime in the United States. In 1963 and 1967, respectively, the Warren Court guaranteed accused adults and youth the right to appointed counsel in two seminal cases, Gideon v. Wainwright and In re Gault. Decided during the heart of the Civil Rights era, both of these cases... |
2017 |
| Rachel D. Godsil , L. Song Richardson |
Racial Anxiety |
102 Iowa Law Review 2235 (July, 2017) |
ABSTRACT: Many have embraced evidence from the mind sciences that our behaviors are often influenced by our implicit biases rather than our conscious beliefs. This is one reason why implicit bias has become a staple in trainings for judges, lawyers, police officers, teachers, and health care providers. While understanding that implicit bias is... |
2017 |
| Andrea Freeman |
Racism in the Credit Card Industry |
95 North Carolina Law Review 1071 (May, 2017) |
In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit cards have evolved into an essential tool for lower-... |
2017 |
| Margo Kaplan |
Rape Beyond Crime |
66 Duke Law Journal 1045 (February, 2017) |
Public health experts agree that sexual violence constitutes a significant public health issue. Yet criminal law dominates rape law almost completely, with public health law playing at best a small supporting role. Recent civil law developments, such as university disciplinary proceedings, similarly fixate on how best to find and penalize... |
2017 |
| Erika R. George , Candace D. Gibson , Rebecca Sewall , David Wofford |
Recognizing Women's Rights at Work: Health and Women Workers in Global Supply Chains |
35 Berkeley Journal of International Law 1 (2017) |
C1-2Table of Contents I. Introduction. 2 II. Globalization, Women's Health, and Women Workers in Global Supply Chains. 5 A. Women's Health in Globalized Communities. 6 B. Women's Health, Reproductive Health, and the Workplace in the Global Economy. 8 C. Occupational Safety and Health Conventions and the Health Concerns of Women Workers. 13 III. The... |
2017 |
| Daniel C. Esty |
Red Lights to Green Lights: from 20th Century Environmental Regulation to 21st Century Sustainability |
47 Environmental Law 1 (Winter, 2017) |
Twentieth century environmental protection delivered significant improvements in America's air and water quality and led companies to manage their waste, use of toxic substances, and other environmental impacts with much greater care. But the pace of environmental progress has slowed as the limits of the command-and-control regulatory model have... |
2017 |
| Lauren R. Roth |
Redefining "Medical Care" |
27 Cornell Journal of Law & Public Policy 65 (Fall, 2017) |
President Donald J. Trump has said he will repeal the Affordable Care Act (ACA) and replace it with health savings accounts (HSAs). Conservatives have long preferred individual accounts to meet social welfare needs instead of more traditional entitlement programs. The types of medical care that can be reimbursed through an HSA are listed in §... |
2017 |
| Jessica Mantel |
Refusing to Treat Noncompliant Patients Is Bad Medicine |
39 Cardozo Law Review 127 (October, 2017) |
Government health programs and private payors have adopted various reforms that fundamentally transform the physician-patient relationship. Public reporting on how well physicians perform on various quality and cost metrics, as well as payment reforms that link physicians' reimbursements to their performance on these metrics, incentivize physicians... |
2017 |