AuthorTitleCitationSummaryYear
Kimberly Mutcherson Regulating the Right to Procreate 307-AUG New Jersey Lawyer, the Magazine 46 (August, 2017) The fertility industry is a dichotomous space. On one hand, the industry provides immense joy to many would-be parents across the globe as it helps to bring children to families who want them. On the other hand, the industry is a global behemoth through which billions of dollars flow as bodies, body parts, parental rights, and babies get traded in... 2017
Valarie K. Blake Remedying Stigma-driven Health Disparities in Sexual Minorities 17 Houston Journal of Health Law & Policy 183 (2017) L1-2Table of Contents Introduction. 184 I. Sexual Minorities, Health Disparities, and Stigma. 187 A. Health Disparities and Sexual Minorities. 189 B. Social Determinants of Health in Sexual Minorities. 193 C. Stigma and Health Disparities. 195 II. Remedying Sexual Minority Stigma Through the Healthcare System. 202 A. General Stigma against Sexual... 2017
Rachel Rebouché Reproducing Rights: the Intersection of Reproductive Justice and Human Rights 7 UC Irvine Law Review 579 (December, 2017) I. Abortion Rights are Human Rights. 582 II. From Reproductive Rights to Reproductive Justice. 588 A. The Human Rights Gap. 588 B. What's Wrong with Reproductive Rights?. 591 III. Reproductive Justice and the Limitations of Human Rights. 597 A. Challenges to Universal Rights. 599 B. Socioeconomic Inequality and Health Resources. 602 Conclusion. 608 2017
Dov Fox Reproductive Negligence 117 Columbia Law Review 149 (January, 2017) A pharmacist fills a prescription for birth control pills with prenatal vitamins. An in vitro lab loses a cancer survivor's eggs. A fertility clinic exposes embryos to mad cow disease. A sperm bank switches a selected sample with one from a donor of a different race. An obstetrician predicts that a healthy fetus will be born with a debilitating... 2017
Lauren R. Roth , New York University School of Law Reproductive Selection Bias 27 Health Matrix: Journal of Law-Medicine 263 (2017) Decades after the advent of assisted reproductive technology (ART) that allows prospective parents to deselect embryos with grave genetic illnesses--a procedure called preimplantation genetic diagnosis (PGD)--it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of... 2017
Margo Kaplan Restorative Justice and Campus Sexual Misconduct 89 Temple Law Review 701 (Summer, 2017) C1-2Table of Contents Introduction. 702 I. Sexual Assault in Higher Education. 706 II. The Restorative Justice Approach. 713 III. The Promise and Peril of Restorative Justice for Campus Sexual Misconduct. 717 A. Distinguishing Campus Disciplinary Proceedings from Criminal Justice. 717 B. The Promise of Restorative Justice for Campus Sexual Assault.... 2017
Valarie K. Blake Restoring Civil Rights to the Disabled in Health Insurance 95 Nebraska Law Review 1071 (2017) C1-2TABLE OF CONTENTS I. Introduction. 1072 II. The Disabled, Health Insurance, and Benefits Discrimination. 1076 A. The Relationship Between Medical Need and Disability. 1076 B. Health Insurance and the Disabled. 1078 1. Public Insurance. 1081 2. Private Insurance. 1084 C. The Role for Civil Rights in Health Insurance. 1092 III. The Access/Content... 2017
Marea B. Tumber Restricted Access: State Medicaid Coverage of Sofosbuvir Hepatitis C Treatment 37 Journal of Legal Medicine 21 (2017) Abstract. Chronic hepatitis C (HCV) infection can persist for decades without symptoms. Many Americans are unaware of their infection status and are not receiving necessary care and treatment. This places them at greater risk for severe, even fatal, complications from the disease and increases the likelihood that they will transmit the virus to... 2017
Allison N. Winnike , Bobby Joe Dale III Rewiring Mental Health: Legal and Regulatory Solutions for the Effective Implementation of Telepsychiatry and Telemental Health Care 17 Houston Journal of Health Law & Policy 21 (2017) I. Introduction. 22 II. Wandering In the Wilderness: A Critical Need for Mental Health Care Access. 25 A. Prevalence of Mental Illness. 26 B. Cost of Mental Illness. 28 C. Barriers to Access: Stigma and Health Disparities. 31 D. Shortage of Mental Health Professionals. 40 E. Access to Telecommunications. 41 III. Entering The Maze of Federal And... 2017
Cynthia Short Ryan Stokes: Justice for Ryan 61 Saint Louis University Law Journal 761 (Summer, 2017) Mothers across this nation have become unwilling members of a club no one wants to join. Police kill over a thousand young men and women every year. Nearly sixty percent of victims did not have a gun or were involved in activities that should not [have] require[d] police intervention[,] such as harmless quality of life behaviors or mental health... 2017
Joan W. Howarth Shame Agent 66 Journal of Legal Education 717 (Summer, 2017) Shame is the shawl of Pink In which we wrap the Soul .. Emily Dickinson As a nation, we have recently experienced a significant positive shift in norms against casual campus sexual violence. These changes are perhaps as dramatic as the attitudinal shifts over recent decades regarding drunk driving or cigarette smoking. In a world in which... 2017
Caitlin Toto Sharing Economy Inequality: How the Adoption of Class Action Waivers in the Sharing Economy Presents a Threat to Racial Discrimination Claims 58 Boston College Law Review 1355 (September, 2017) Abstract: In recent years, the sharing economy has pervaded the life of the consumer, challenging the regulatory and business status quo. Despite the pluralistic messages of many sharing economy companies, racial discrimination is a growing problem on peer-to-peer networks such as Uber and Airbnb. Victims of discrimination, however, have... 2017
Thomas Scott-Railton Shifting the Scope: How Taking School Demographics into Account in College Admissions Could Reduce K-12 Segregation Nationwide 36 Yale Law and Policy Review 219 (Fall, 2017) Deepening racial and socioeconomic segregation is producing unequal educational outcomes at the K-12 level, outcomes that are then reproduced in higher education. This is particularly true as rising competition among colleges has led many of them to focus increasingly on measures of merit that correlate with income and as parents and students... 2017
Michael Kaufman Social Justice and the American Law School Today: since We Are Made for Love 40 Seattle University Law Review 1187 (Summer, 2017) C1-2Contents Introduction 1189 I. The Pope Calls Us to Consider Whether Our Education and Economic Systems Are Based Upon an Incomplete Understanding of Human Nature 1190 A. The Existing Education and Economic Systems Reflect a Behaviorist and Consumptive Understanding of Human Nature 1190 B. The Pope Teaches that the Behaviorist and Consumptive... 2017
Jay S. Kaufman Statistics, Adjusted Statistics, and Maladjusted Statistics 43 American Journal of Law & Medicine 193 (2017) Statistical adjustment is a ubiquitous practice in all quantitative fields that is meant to correct for improprieties or limitations in observed data, to remove the influence of nuisance variables or to turn observed correlations into causal inferences. These adjustments proceed by reporting not what was observed in the real world, but instead... 2017
Nancy E. Dowd Straight out of Compton: Developmental Equality and a Critique of the Compton School Litigation 45 Capital University Law Review 199 (Spring, 2017) Article 3 of the United Nations Convention on the Rights of the Child (UNCRC) and its core standard of serving the best interests of the child is closely interlinked with the Article 2 guarantee of equality and nondiscrimination for all children. The best interests of children are the interests of all children in growth, support, development, and... 2017
Junxiang Mao, Xi Sheng Strength of Review and Scale of Response: a Quantitative Analysis of Human Rights Council Universal Periodic Review on China 23 Buffalo Human Rights Law Review 1 (2016-2017) On March 15, 2006, the UN General Assembly adopted Resolution 60/251 to create the Human Rights Council (HRC). The purpose was to redress the shortcomings in the UN Commission on Human Rights' work, and to recognize the importance of ensuring universality, objectivity and non-selectivity in the consideration of human rights issues, and the... 2017
David Gruber , Steven Boyd Substance Abuse: a Crisis in Need of Disruption 19 Journal of Health Care Compliance 13 (September-October, 2017) Drug overdose deaths in the United States are projected to have reached 59,000 to 65,000 in 2016, a figure exceeding the peak number of automobile related fatalities (54,589) and the AIDS epidemic (50,877). Drug overdose deaths are now the fourth leading cause of death among Americans aged 15 to 65--the prime years of life-- after cancer, heart... 2017
Jesse Krohn, MSEd, JD, Meredith Matone, DrPH, MHS Supporting Mothers with Mental Illness: Postpartum Mental Health Service Linkage as a Matter of Public Health and Child Welfare Policy 30 Journal of Law and Health 1 (7/1/2017) I. Introduction. 3 II. Consequences of treatment discontinuity. 4 III. Mothers at heightened risk of treatment discontinuity. 7 IV. Root causes of treatment discontinuity. 10 V. Conclusion: Policy problems, policy solutions. 13 2017
L. Song Richardson Systemic Triage: Implicit Racial Bias in the Criminal Courtroom Crook County: Racism and Injustice in America's Largest Criminal Court by Nicole Van Cleve Stanford University Press, April 2016 126 Yale Law Journal 862 (January, 2017) L1-2BOOK REVIEW CONTENTS INTRODUCTION 864 I. RACISM IN PRACTICE 867 A. Policing Racial Boundaries 868 B. Culture and the Race-Blind Code 869 C. Limitations 873 II. SYSTEMIC TRIAGE AND ITS RACIALIZED CONSEQUENCES 875 A. Implicit Racial Bias 875 B. Systemic Triage 877 C. Implicit Bias Under Conditions of Systemic Triage 881 III. RECOMMENDED REMEDIES... 2017
Creasie M. Parrott Talking Telemedicine and Terminology: the South Carolina Telemedicine Act 68 South Carolina Law Review 665 (Spring, 2017) I. Introduction. 665 II. Lifestyle Drugs. 667 A. Origination of the Term. 667 B. Lack of Use in the Medical and Legal Fields. 668 C. Categories. 669 1. Erectile Dysfunction Medication. 669 2. Smoking Cessation Medication. 671 3. Anti-Obesity Medication. 672 4. Oral Contraception. 674 III. Police Powers and Public Health. 675 A. State Police Power.... 2017
Lindsay F. Wiley Teaching Health Law from a Social-ecological Perspective 61 Saint Louis University Law Journal 381 (Spring, 2017) I started teaching health law relatively recently--in the fall of 2010, just after the Affordable Care Act (ACA) was enacted, but before much of it had been implemented. This timing has been a blessing because I started with a fresh slate rather than adding the ACA on top of a previously developed course. It has also been a curse, but ultimately... 2017
M.J. McCaffrey, M.D. The Burden of Abortion and the Preterm Birth Crisis 32 Issues in Law and Medicine 73 (Spring, 2017) The association of induced abortion with any adverse medical outcome is generally met with scorn and derision from leading medical organizations and medical researchers supporting abortion. Those attempting to point out the research revealing harmful associations between induced abortion and the future health of a woman are labeled deniers,... 2017
Clinton Luth The Color of Competency: the Differential Race Impact of Mental Health Assessment in Voidable Contracts 20 Journal of Gender, Race and Justice 563 (Summer, 2017) I. Introduction. 563 II. Background. 565 A. The Shift from Incapable to Incompetent. 567 III. Analysis. 567 A. History of Mental Health Disparities. 570 B. Attempts at Redress. 572 C. Existing Tests of Competency. 575 1. The Affective Model and Common Law Modifications. 576 D. False Aid and Meddling. 577 1. Cost of Litigating an Affective Case. 577... 2017
Elana Ramos The Dangers of Water Privatization: an Exploration of the Discriminatory Practices of Private Water Companies 7 Barry University Environmental and Earth Law Journal 188 (2017) In a rural Midwestern hospital, a mother and father closely watch their three-month premature son; his parents watch in horror as the infant is resuscitated and kept alive by the help of a machine. The little boy makes it home, but not without a heart monitor and a lifetime of concerning health issues. Down the hall is a disabled mother who... 2017
Khiara M. Bridges The Deserving Poor, the Undeserving Poor, and Class-based Affirmative Action 66 Emory Law Journal 1049 (2017) This Article is a critique of class-based affirmative action. It begins by observing that many professed politically conservative individuals have championed class-based affirmative action. However, it observes that political conservatism is not typically identified as an ideology that generally approves of improving the poor's well-being through... 2017
Yvonne Lindgren The Doctor Requirement: Griswold, Privacy, and At-home Reproductive Care 32 Constitutional Commentary 341 (Summer, 2017) Privacy law has traditionally offered greater protection to activities exercised within the home. This is true in common law as well as across a broad range of constitutional claims. For example, common law privacy protection identifies the home as a location of solitude and repose and is often conceptualized as the right to be let alone. Fourth... 2017
Renee C. Hatcher The Everyday Economic Violence of Black Life 25 Journal of Affordable Housing & Community Development Law 275 (2017) Ferguson's Fault Lines: The Race Quake That Rocked a Nation Kimberly Jade Norwood, Editor American Bar Association 276 pages, $24.95 There are two Fergusons. There are two Americas. We cannot change this reality unless we first acknowledge it. --Kimberly Jade Norwood The truth about the racism and brutality of the police has broken through the veil... 2017
The Honorable Anna Blackburne-Rigsby The Importance of a Diverse Judiciary to Closing the Historic "Health" Gap Between Blacks and Whites, and President Obama's Legacy 60 Howard Law Journal 641 (Spring, 2017) INTRODUCTION. 642 I. WHY IS DIVERSITY IN THE COURTS IMPORTANT?. 643 II. THE HEALTH GAP BETWEEN BLACKS AND WHITES. 648 A. Introduction. 648 B. Slavery, the Constitution, and the Beginnings of the Health Gap. 650 C. The Separate but (Not) Equal Doctrine. 653 D. Simkins v. Moses H. Cone Memorial Hospital and the Civil Rights Act of 1964. 656 E.... 2017
Holly E. Cerasano The Indian Health Service: Barriers to Health Care and Strategies for Improvement 24 Georgetown Journal on Poverty Law and Policy 421 (Spring, 2017) The need for quality health care is the thread that binds all Americans. All too often, that fundamental need goes unmet. For Native Americans, that will come as no surprise. Despite the creation of the Indian Health Service (IHS) and the funds appropriated by Congress each year to deliver adequate health care services, the Native American... 2017
Drew H Culler The Invisible Dead, a Silent Epidemic: Violating the Right of Sepulcher Through Scientific Experimentation and Mass Disposal of Unclaimed Human Remains 7 Wake Forest Journal of Law and Policy 295 (January, 2017) What world does a dead man belong to? - Charles Dickens, Our Mutual Friend There is a long history and scientific tradition of using the bodies of marginalized people for scientific or medical research. Marginalized communities are made up of non-white, poor, mentally disabled, elderly, non-heterosexual, and incarcerated peoples. Historically,... 2017
Lily Hoffman-Andrews , Department of Genetics, Stanford University School of Medicine, Stanford, CA 94305-5119, USA, Corresponding author. E-mail: lilybha@stanford.edu The Known Unknown: the Challenges of Genetic Variants of Uncertain Significance in Clinical Practice 4 Journal of Law & the Biosciences 648 (December, 2017) As genetic testing technology has advanced, allowing scientists to obtain much of the raw data from our DNA, their ability to interpret these data has struggled to keep up. The result is the ubiquity of variants of uncertain significance (VUSs): findings from genetic testing for which the clinical significance is currently unresolved. What to do... 2017
Corey S. Davis , Derek H. Carr The Law and Policy of Opioids for Pain Management, Addiction Treatment, and Overdose Reversal 14 Indiana Health Law Review 1 (2017) C1-3TABLE OF CONTENTS I. Introduction. 1 II. Opioids and Pain. 2 A. The burden of untreated pain. B. The importance of opioid therapy C. Potential pitfalls of opioid therapy III. Opioids and Drug Rreatment. 11 A. The burden of untreated opioid addiction B. Medication assisted treatment C. Federal Regulation of MAT: Historical Context D. Federal... 2017
Daniel McGrath The Model Tribal Probate Code: an Opportunity to Correct the Problems of Fractionation and the Legacy of the Dawes Act 20 Journal of Gender, Race and Justice 403 (Spring, 2017) I. Introduction 403 II. Background 407 A. The Dawes Act: The Beginning of the Breakdown of Tribal Entities and the Start of Fractionation 407 B. The 1934 Indian Reorganization Act: Recognition of the Problem, but no Action to Reverse the Dawes Act 410 C. The Post-World War II Period Until the 1980's: The Federal Government Renounces the... 2017
Jorge Andres Soto, Morgan Williams The Nation's Challenge and Hud's Charge: Creating Communities of Opportunity for All 26 Journal of Affordable Housing & Community Development Law 305 (2017) I. The Significant Economic Costs and Health Risks Associated with Housing Discrimination and Residential Segregation Warrant Strong Fair Housing Enforcement. 307 II. Implementation of the Fair Housing Act Is Central to HUD's Mission. 311 III. HUD's Fair Housing Regulations Reflect a Careful Assessment of and Commitment to Its Statutory... 2017
Jamie R. Abrams The Polarization of Reproductive and Parental Decision-making 44 Florida State University Law Review 1281 (Summer, 2017) Women's abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women's abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making... 2017
Jonathan Zasloff The Price of Equality: Fair Housing, Land Use, and Disparate Impact 48 Columbia Human Rights Law Review 98 (Spring, 2017) Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... 2017
Tamar R. Birckhead The Racialization of Juvenile Justice and the Role of the Defense Attorney 58 Boston College Law Review 379 (March, 2017) Introduction. 381 I. The Persistence of Racial Bias Within Juvenile Justice. 394 A. Wayward Youths of the Nineteenth Century. 395 1. Evolution of the Concept of Race. 395 2. Disparate Treatment Based on Race. 398 B. Mid-Century Lads of Tender Years. 401 1. Delinquency as Contagion. 401 2. The Expansion of Children's Rights. 405 C. 1990s... 2017
Joel Teitelbaum, Ellen Lawton The Roots and Branches of the Medical-legal Partnership Approach to Health: from Collegiality to Civil Rights to Health Equity 17 Yale Journal of Health Policy, Law & Ethics 343 (Summer, 2017) This Article traces the roots of the medical-legal partnership (MLP) approach to health as a way of promoting the use of law to remedy societal and institutional pathologies that lead to individual and population illness and to health inequalities. Given current forces at work - the medical care and public health systems' focus on social... 2017
Shaun Ossei-Owusu The State Giveth and Taketh Away: Race, Class, and Urban Hospital Closings 92 Chicago-Kent Law Review 1037 (2017) The Lord gave, and the Lord hath taken away. Job 1:21 The goal of this symposium is to investigate, expand, and challenge two core ideas in Bernadette Atuahene's remarkable book We Want What's Ours: Learning from South Africa's Land Restitution Program. The concepts--dignity takings and dignity restoration--expand the boundaries of socio-legal... 2017
Bradley A. Areheart The Symmetry Principle 58 Boston College Law Review 1085 (September, 2017) Introduction. 1087 I. Symmetry and Asymmetry in Antidiscrimination Law. 1092 A. A Working Definition of Symmetry. 1092 B. Identifying Symmetry and Asymmetry. 1094 C. Symmetry as Unique Design Compromise. 1099 II. The Case for Symmetry. 1103 A. Expressively. 1104 1. Commonality and Solidarity. 1105 2. Ground Salience and Rights Talk. 1106 3.... 2017
Lundy Braun Theorizing Race and Racism: Preliminary Reflections on the Medical Curriculum 43 American Journal of Law & Medicine 239 (2017) The current political economic crisis in the United States places in sharp relief the tensions and contradictions of racial capitalism as it manifests materially in health care and in knowledge-producing practices. Despite nearly two decades of investment in research on racial inequality in disease, inequality persists. While the reasons for... 2017
Lucius T. Outlaw III Time for a Divorce: Uncoupling Drug Offenses from Violent Offenses in Federal Sentencing Law, Policy, and Practice 44 American Journal of Criminal Law 217 (Spring, 2017) The Editorial Board of the American Journal of Criminal Law intends to maintain a high standard of technical excellence in publishing every issue. The Editorial Board expends special effort through a carefully planned system of checks and controls to present its work free of error. Notwithstanding these efforts, the Article Time for a Divorce:... 2017
Francesca Cocuzza Title Ix's Reproductive Remedies 32 Columbia Journal of Gender and Law 211 (2017) Despite the rich public debate surrounding sexual assault at colleges and universities, the problem of pregnancy among survivors has received little attention. At the same time, institutions of higher education continue to resist compliance with federal law mandating insurance coverage of reproductive health care for their students and employees.... 2017
Lindsay F. Wiley Tobacco Denormalization, Anti-healthism, and Health Justice 18 Marquette Benefits & Social Welfare Law Review 203 (Spring, 2017) C1-2Table of Contents I. Introduction. 204 II. Strategies for Tobacco Denormalization. 209 A. Tobacco Taxes. 210 B. Product Regulation. 211 C. Advertising Restrictions. 214 D. Counter-Marketing. 216 E. Warning Mandates. 218 F. Smoke-Free Laws. 219 G. Discrimination Against Tobacco Users. 222 III. Frameworks for Assessing Tobacco Denormalization.... 2017
Michael L. Perlin , Heather Ellis Cucolo Tolling for the Aching Ones Whose Wounds Cannot Be Nursed: the Marginalization of Racial Minorities and Women in Institutional Mental Disability Law 20 Journal of Gender, Race and Justice 431 (Summer, 2017) I. Introduction. 431 II. Race, Gender, and Civil Commitment. 435 III. A Consideration of Institutional Issues. 446 IV. Four Factors. 451 A. Sanism. 451 B. Pretextuality. 452 C. Heuristics. 452 D. False Ordinary Common Sense. 453 E. The Keys to Future Progress. 453 V. Therapeutic Jurisprudence. 454 I. Conclusion. 457 2017
Ronen Avraham , Kimberly Yuracko Torts and Discrimination 78 Ohio State Law Journal 661 (2017) Current tort law contains incentives to target individuals and communities based on race and gender. Surprisingly, the basis for such targeting is the seemingly neutral use of three different race- and gender-based statistical tables (for wages, life expectancy, and worklife expectancy) which, when used in tort damage calculations, result in a... 2017
Marianne Engelman Lado Toward Civil Rights Enforcement in the Environmental Justice Context: Step One: Acknowledging the Problem 29 Fordham Environmental Law Review 1 (Symposium, 2017) In 2016, the Flint Water Advisory Task Force, a group appointed by Governor Rick Snyder to review the contamination of drinking water in Flint, Michigan, reached the inescapable conclusion that the Flint water crisis was a case of environmental justice. The Task Force reported, Flint residents, who are majority Black or African American and... 2017
Justin D. Cummins , Beth Belle Isle Toward Systemic Equality: Reinvigorating a Progressive Application of the Disparate Impact Doctrine 43 Mitchell Hamline Law Review 102 (2017) I. Introduction. 103 II. The Expansion of Civil Rights Enforcement Through the Adoption of the Disparate Impact Doctrine (1960s-1970s). 104 A. The Enactment of Title VII of the Civil Rights Act of 1964. 104 B. The Affirmation of the Disparate Impact Doctrine Under Title VII: Griggs v. Duke Power Co.. 107 C. A Progressive Application of the... 2017
Daniel I. Morales Transforming Crime-based Deportation 92 New York University Law Review 698 (June, 2017) Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made... 2017
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