| Author | Title | Citation | Summary | Year |
| Lydia Nussbaum |
Trial and Error: Legislating Adr for Medical Malpractice Reform |
76 Maryland Law Review 247 (2017) |
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical... |
2017 |
| Arielle Sloan |
Tribal Sovereignty and Tobacco Control in State-tribe Cigarette Compacts |
2017 Brigham Young University Law Review 1261 (2017) |
Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal... |
2017 |
| Jeffrey Fagan , Daniel Richman |
Understanding Recent Spikes and Longer Trends in American Murders |
117 Columbia Law Review 1235 (June, 2017) |
Introduction. 1235 I. Exploring the Tension Between Police and Communities. 1236 A. Factors Producing Tension Between Communities and Police. 1238 B. A Vortex of Forces. 1248 II. Understanding the Trends. 1250 A. The Past Two Years. 1252 B. The Past Half Century. 1261 C. A New Epidemic?. 1267 D. Alternate Explanations for the 2015-2016 Trend. 1270... |
2017 |
| Darren Lenard Hutchinson |
Undignified: the Supreme Court, Racial Justice, and Dignity Claims |
69 Florida Law Review 1 (January, 2017) |
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based... |
2017 |
| Claire Glenn |
Upholding Civil Rights in Environmental Law: the Case for ex Ante Title Vi Regulation and Enforcement |
41 New York University Review of Law and Social Change 45 (2017) |
In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement. The old model is a poor fit for today's reality. Nowhere is this truth more... |
2017 |
| Osamudia R. James |
Valuing Identity |
102 Minnesota Law Review 127 (November, 2017) |
Identity--race, gender, and sexuality--is having a moment, both good and bad. Black Lives Matter, a movement initiated in response to state-sanctioned violence committed against Blacks, is fueled by a demand that the lives of black people in the United States be valued and dignified. Gay, lesbian, and transgender communities have built an advocacy... |
2017 |
| Neil Barton |
Warm Lessons from Our Frozen Neighbors: Reviewing the Ppaca's Effectiveness Through a Comparative Analysis with the Canada Health Act |
55 University of Louisville Law Review 355 (2017) |
The issues surrounding socialized medicine and universal health care are divisive and polarizing. Wait in any long line at the Department of Motor Vehicles and it is easy to understand why. The fear of a governmental takeover of health care conjures images of people dying in waiting rooms while an inefficient government grinds to a halt over... |
2017 |
| Venessa Simpson |
What's Going on Hair?: Untangling Societal Misconceptions That Stop Braids, Twists, and Dreads from Receiving Deserved Title Vii Protection |
47 Southwestern Law Review 265 (2017) |
Black hair is different from of all other races in its basic shape and composition. These unique biological components make black hair much more fragile and prone to breakage than other hair types. Fortunately, developments in research and scientific studies about black hair have helped many black women combat years of misinformation about how to... |
2017 |
| Scott J. Shackelford J.D., Ph.D. , Anjanette Raymond , Danuvasin Charoen , Rakshana Balakrishnan , Prakhar Dixit , Julianna Gjonaj , Rachith Kavi |
When Toasters Attack: a Polycentric Approach to Enhancing the "Security of Things" |
2017 University of Illinois Law Review 415 (2017) |
There is a great deal of buzz surrounding the Internet of Things, which is the notion, simply put, that nearly everything not currently connected to the Internet, from gym shorts to streetlights, soon will be. The rise of smart products such as Internet-enabled refrigerators and self-driving cars holds the promise to revolutionize business and... |
2017 |
| Dorothy E. Roberts |
Why Baby Markets Aren't Free |
7 UC Irvine Law Review 611 (December, 2017) |
Introduction. 611 I. The Ability to Purchase Goods and Services. 612 II. Systemic Devaluation. 613 III. Obliged to Choose. 618 Conclusion. 621 |
2017 |
| Jocelyn Getgen Kestenbaum, Assistant Clinical Professor of Law, Director, Human Rights and Atrocity Prevention Clinic, Faculty Director, Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), Benjamin N. Cardozo School of Law, New York, NY U.S.A., |
Women's Human Rights and Migration: Sex-selective Abortion Laws in the United States and India. By Sital Kalantry. Philadelphia, Pa: University of Pennsylvania Press, 2017. Pp. Xii, 272. Isbn: 9780812249330. Us$ 69.95 |
45 International Journal of Legal Information 257 (Winter 2017) |
In her recent book, Women's Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India, Professor Sital Kalantry examines some of today's most difficult and divisive issues involving women's human rights in transnational contexts. Recognizing the limits of traditional feminist legal theories to address these contested... |
2017 |
| Irene Scharf, Vanessa Merton |
Your Mission, Should You Choose to Accept it .: Taking Law School Mission Statements Seriously |
56 Washburn Law Journal 289 (Spring, 2017) |
A law school can best achieve excellence and have the most effective academic program when it possesses a clear mission, a plan to achieve that mission, and the capacity and willingness to measure its success or failure. Absent a defined mission and the identification of attendant student and institutional outcomes, a law school lacks focus and its... |
2017 |
| Thalia González |
Youth Incarceration, Health, and Length of Stay |
45 Fordham Urban Law Journal 45 (December, 2017) |
For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often... |
2017 |
| Mark Dorosin |
A Civil Rights Act for the 21st Century: the Privileges and Immunities Clause and a Constitutional Guarantee to Be Free from Discriminatory Impact |
6 Wake Forest Journal of Law and Policy 35 (February, 2016) |
Despite the significant gains made in the struggle for equality under the civil rights legislation of the 1960s, judicial interpretations have restricted the scope and breadth of civil rights laws and the Equal Protection Clause. The intransigence of institutional discrimination has severely limited the ability of individuals, communities, and... |
2016 |
| Adam Crepelle |
A Market for Human Organs: an Ethical Solution to the Organ Shortage |
13 Indiana Health Law Review 17 (2016) |
I. Introduction. 18 II. The Organ Shortage. 20 III. Possible Solutions. 24 A. Technology. 25 B. Presumed Consent. 28 C. Prevention. 30 D. Facilitate Living Donation. 32 IV. Organ Market Ethical Issues. 34 V. Money For Organs. 51 A. Black Market. 52 B. Iranian Kidney System. 57 VI. Analysis and Critique of Iran's Kidney System. 63 VII. An Organ... |
2016 |
| Hector Garcia |
A New American's Perspective: Improving Public Engagement by Rededicating Our Society to Democratic Ideals |
42 Mitchell Hamline Law Review 1474 (2016) |
I. Introduction. 1474 II. Deficiencies in Public Engagement. 1475 III. Dysfunctional Communication. 1478 IV. Today's or Yesterday's American Values?. 1483 V. National, Local, and International Implications. 1488 VI. The Dwindling Numbers of Affluent Americans. 1492 VII. The New Americans. 1494 VIII. Improved Public Engagement through a Renaissance... |
2016 |
| Jean Phillip Shami |
A Promise Realized? A Critical Review of Accountable Care Organizations since the Enactment of the Affordable Care Act |
71 University of Miami Law Review 312 (Fall, 2016) |
As the six-year anniversary of the passage of the Affordable Care Act (ACA) comes to a close, a critical review of one of the key inventions of the ACA-- Accountable Care Organizations (ACOs)--is timely as part of the greater narrative around affordable, quality health care in America. This Comment begins with a discussion of the statutory... |
2016 |
| Emily K. White |
A Reason for Hope? A Legal and Ethical Implementation of the Hiv Organ Policy Equity Act |
96 Boston University Law Review 609 (March, 2016) |
Introduction. 609 I. Background. 611 A. Organ Transplantation in the United States. 611 B. The HOPE Act. 615 II. The HIV Population, Discrimination, and Organ Transplantation. 618 A. The Law and HIV Stigma. 619 B. Donation. 621 C. Organ Transplantation. 622 III. Legal and Ethical Framework. 625 A. Autonomy. 626 B. Utility; Beneficence and... |
2016 |
| Iyanrick John , Kathy Ko Chin |
A Review of Policies and Strategies to Improve Access to Health Care for Limited English Proficient Individuals in the Asian American, Native Hawaiian, and Pacific Islander Community |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) |
A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... |
2016 |
| Ashley Giambelluca |
A Sinking Feeling: Acknowledging Mental Illness and its Treatment in the Maritime Industry |
41 Tulane Maritime Law Journal 239 (Winter 2016) |
I. Introduction. 239 II. The Current State of Mental Health Care. 241 III. Available Remedies for Maritime Workers. 244 A. A Seaman's Options for Recovery. 244 B. Other Maritime Workers and Their Ability To Recover. 251 C. Suicide at Sea. 254 IV. The Future Culture of Mental Health Care Aboard Vessels. 255 A. General Living Conditions and... |
2016 |
| Elise C. Boddie |
Adaptive Discrimination |
94 North Carolina Law Review 1235 (May, 2016) |
This Article critiques the assumption in constitutional law that racial discrimination is siloed, static, and time limited. It argues instead that discrimination is systemic, dynamic, and intergenerational due to its adaptive nature. The Article sets forth a theory of adaptive discrimination--that discrimination adapts to law and to social norms... |
2016 |
| Kelly K. Dineen |
Addressing Prescription Opioid Abuse Concerns in Context: Synchronizing Policy Solutions to Multiple Complex Public Health Problems |
40 Law & Psychology Review 1 (2015-2016) |
L1-2Introduction . R32. I. The Misuse of Opioids: Realities and Minimized Concerns. 8 A. Rises in Prescriptions and Opioid Related Injuries: An Illusory Correlation?. 9 B. Broad Definitions and Tunnel Vision in Nonmedical Use. 13 II. Pain--One of Multiple Interactive, Dynamic, Complex Public Health Problems. 19 A. Suicidality. 23 B. Mental Illness.... |
2016 |
| Julie D. Lawton |
Am I My Client? Revisited: the Role of Race in Intra-race Legal Representation |
22 Michigan Journal of Race and Law 13 (Fall, 2016) |
This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer's and client's racial sameness impact legal representation. This Article brings together three strands of lawyering theory - the role of race in... |
2016 |
| Sarah E. Redfield, Jason P. Nance |
American Bar Association: Joint Task Force on Reversing the School-to-prison Pipeline |
47 University of Memphis Law Review 1 (Fall, 2016) |
I. Overview of the School-to-Prison Pipeline Problem. 12 A. Introduction. 12 1. The Context. 15 a. The Meaning of Disproportionality. 16 b. Differences in relationships and expectations relate to the exercise of discretion, and both can be damning. 22 c. Bad or worse behavior is not the explanation for disproportionality. 27 d. Exclusion and... |
2016 |
| Scott D. Makar |
Amodest Proposal: Raise the Mandatory Judicial Retirement Age |
18 Florida Coastal Law Review 51 (Fall, 2016) |
Two decades ago, I was asked to prepare an article for publication in a special edition of the Florida Bar Journal dedicated to the 1997 Constitution Revision Commission. At the time, I was a practicing lawyer with a large firm, was active in the Appellate Practice and Advocacy Section of The Florida Bar, and had worked for and with appellate... |
2016 |
| Valarie K. Blake |
An Opening for Civil Rights in Health Insurance after the Affordable Care Act |
36 Boston College Journal of Law & Social Justice 235 (2016) |
Abstract: Section 1557, the civil rights provision of the Affordable Care Act (ACA), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined... |
2016 |
| Lindsay F. Wiley |
Applying the Health Justice Framework to Diabetes as a Community-managed Social Phenomenon |
16 Houston Journal of Health Law & Policy 191 (2016) |
L1-2Table of Contents Introduction. 193 I. Diabetes: An Impending Crisis for the Health System. 198 A. Diabetes is Chronic and Progressive. 198 B. Diabetes is Self-Managed. 200 C. The Complications of Diabetes are Insidious and Devastating. 203 D. Social Disparities with Respect to Diabetes are Pervasive. 204 II. The Legal and Policy Landscape. 207... |
2016 |
| Vida B. Johnson |
Arresting Batson: How Striking Jurors Based on Arrest Records Violates Batson |
34 Yale Law and Policy Review 387 (Spring 2016) |
Introduction. 388 I. The Systemic Racism of the Criminal Justice System. 391 II. Jury Selection. 395 A. Investigation of Prospective Jurors. 399 III. Batson and its Shortcomings. 401 IV. The Constitutionality of Strikes Based on Arrest Records. 406 A. Arguments in Favor of Questions and Investigations Regarding Prospective Juror's Arrest Records.... |
2016 |
| Julia Haigney |
Beyond Comparison: Practical Limitations of Implementing Comparative Juror Analysis in the Context of Sexual Orientation |
84 George Washington Law Review 1075 (July, 2016) |
Serving on a jury is an important civic duty. As such, the exclusion of potential jurors on the basis of their race, gender, or other discriminatory characteristics violates their rights under the Equal Protection Clause of the Fourteenth Amendment, according to Batson v. Kentucky and its progeny. This Note proposes replacing the practice of... |
2016 |
| Wendy K. Mariner |
Beyond Lifestyle: Governing the Social Determinants of Health |
42 American Journal of Law & Medicine 284 (2016) |
Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the... |
2016 |
| Mark L. Jones |
Beyond Punks in Empty Chairs: an Imaginary Conversation with Clint Eastwood's Dirty Harry--toward Peace Through Spiritual Justice |
11 University of Massachusetts Law Review 312 (Spring, 2016) |
This Article is based on a presentation at the 2012 conference on Struggles for Recognition: Individuals, Peoples, and States co-sponsored by Mercer University, the Concerned Philosophers for Peace, and the Carnegie Council for Ethics in International Affairs, and it seeks to help combat our human tendency to demonize the Other and thus to... |
2016 |
| Nancy E. Dowd |
Black Boys Matter: Developmental Equality |
45 Hofstra Law Review 47 (Fall, 2016) |
[T]he question of how one should live within a black body, within a country lost in the Dream, is the question of my life .. --Ta-Nehisi Coates The American Dream is one of equality and opportunity; the ability to succeed and be whoever and whatever one wants to be, limited only by one's own drive and talent. But for Black boys, this is not the... |
2016 |
| Mary Crossley |
Black Health Matters: Disparities, Community Health, and Interest Convergence |
22 Michigan Journal of Race and Law 53 (Fall, 2016) |
Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... |
2016 |
| Khaled A. Beydoun |
Boxed In: Reclassification of Arab Americans on the U.s. Census as Progress or Peril? |
47 Loyola University Chicago Law Journal 693 (Spring, 2016) |
The United States Bureau of the Census has proposed a standalone Middle Eastern or North African (MENA) box for the 2020 census. Deemed white by law since 1944, the 2020 census may afford Arab Americans the unprecedented opportunity to identify as MENA, and nonwhite--the latter standing as a per se designation that conflicts with federal and... |
2016 |
| Alison Rogers |
Building the Superhighway for Information and Commerce: How the E-government Can Save Money by Building Bridges Across the Digital Divide |
22 Michigan Journal of Race and Law 163 (Fall, 2016) |
As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient... |
2016 |
| Sara McDermott |
Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison |
63 UCLA Law Review 712 (March, 2016) |
Young people locked up in juvenile prisons have an enormous need for mental healthcare, one which juvenile prisons have consistently found themselves unable to meet. As a result, many incarcerated young people end up being denied the care they deserve. Yet for years, courts have implemented a confused, haphazard doctrine to evaluate youth right to... |
2016 |
| Hana Sahdev |
Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine's Potential to Improve Health Care Access |
57 Boston College Law Review 1813 (November, 2016) |
Abstract: Telemedicine services, such as virtual consultations and remote patient monitoring, are revolutionizing health care delivery. The Patient Protection and Affordable Care Act of 2010 (ACA) promotes the use of technology in health care reform as a means to increase quality and access while reducing costs. Despite the excitement around... |
2016 |
| Lisa A. Rich |
Cerd-ain Reform: Dismantling the School-to-prison Pipeline Through More Thorough Coordination of the Departments of Justice and Education |
49 Loyola of Los Angeles Law Review 119 (2016) |
In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gapand slows the endless... |
2016 |
| Valarie K. Blake |
Civil Rights as Treatment for Health Insurance Discrimination |
2016 Wisconsin Law Review Forward 37 (2016) |
Introduction. 37 I. Characterizing Health Insurance Discrimination. 38 II. The ACA's Antidiscrimination Agenda. 40 III. Section 1557 and Health Insurance Discrimination. 42 Conclusion. 44 |
2016 |
| Myriam Gilles |
Class Warfare: the Disappearance of Low-income Litigants from the Civil Docket |
65 Emory Law Journal 1531 (2016) |
At root, equal justice is simply the notion that law and the courts should be fair, even if life isn't. -- Justice Earl Johnson, Jr., California Court of Appeal In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is... |
2016 |
| Khiara M. Bridges |
Class-based Affirmative Action, or the Lies That We Tell about the Insignificance of Race |
96 Boston University Law Review 55 (January, 2016) |
Introduction. 56 I. . 61 A. The Suspect Class to Suspect Classification Shift. 64 B. The Effects of the Class-to-Classification Shift. 67 C. Lies about Race that the Class-to-Classification Shift Tells. 69 II. . 78 A. The Shared Infirmities of Race-Based and Class-Based Affirmative Action. 80 1. Meritocracy Perversion. 80 2. Inefficacy. 81 3.... |
2016 |
| Martha T. McCluskey |
Constitutional Economic Justice: Structural Power for "We the People" |
35 Yale Law and Policy Review 271 (Fall, 2016) |
It is time for an ambitious constitutional vision of economic justice. Since the end of the Lochner era, the prevailing constitutional narrative has taught that the Constitution generally should leave economic policy decisions to the legislative and executive branches. That structural theory treats economic justice as discretionary, separate from... |
2016 |
| Christopher G. Oechsli |
Constitutional Rights and the Transition to Democracy: Twenty Years of South African Constitutionalism |
60 New York Law School Law Review 17 (2015/2016) |
The Atlantic Philanthropies, the international grantmaking foundation of which I am President and Chief Executive Officer, was privileged to be one of the sponsors of the New York Law School Law Review's symposium, Constitutional Rights, Judicial Independence, and the Transition to Democracy: Twenty Years of South African Constitutionalism.... |
2016 |
| Rabia Belt |
Contemporary Voting Rights Controversies Through the Lens of Disability |
68 Stanford Law Review 1491 (June, 2016) |
Abstract. People with disabilities are the ticking time bomb of the electorate. An estimated thirty to thirty-five percent of all voters in the next twenty-five years will need some form of accommodation. Despite the significant and growing population of voters with disabilities, they do not vote in proportion to their numbers. We can consider... |
2016 |
| Elizabeth Kukura |
Contested Care: the Limitations of Evidence-based Maternity Care Reform |
31 Berkeley Journal of Gender, Law & Justice 241 (Summer, 2016) |
Introduction. 242 I. The State of U.S. Maternity Care. 246 A. From Midwife to Obstetrician: Shifts in Who Attends a Laboring Woman. 250 1. Midwifery's Early History. 250 2. The Professionalization of Midwifery. 253 B. From Home to Hospital: Shifts in Where Women Give Birth. 256 C. From Social to Medical: Shifts in How Women Give Birth. 258 II. The... |
2016 |
| Kenneth W. Simons |
Discrimination Is a Comparative Injustice: a Reply to Hellman |
102 Virginia Law Review Online 85 (July, 2016) |
IN Two Concepts of Discrimination, Professor Hellman lucidly and systematically explains the difference between comparative and noncomparative conceptions of discrimination. Although other legal scholars and philosophers have addressed the distinction between comparative and noncomparative justice, she profitably applies the distinction to current... |
2016 |
| Jason P. Nance |
Dismantling the School-to-prison Pipeline: Tools for Change |
48 Arizona State Law Journal 313 (Summer, 2016) |
The school-to-prison pipeline is one of our nation's most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This... |
2016 |
| Samuel R. Bagenstos |
Disparate Impact and the Role of Classification and Motivation in Equal Protection Law after Inclusive Communities |
101 Cornell Law Review 1115 (July, 2016) |
At least since the Supreme Court's 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court's decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available... |
2016 |
| Kevin Woodson |
Diversity Without Integration |
120 Penn State Law Review 807 (Winter, 2016) |
The de facto racial segregation pervasive at colleges and universities across the country undermines a necessary precondition for the diversity benefits embraced by the Court in Grutter-- the requirement that students partake in high-quality interracial interactions and social relationships with one another. This disjuncture between Grutter's... |
2016 |
| Devin R. Bates |
Do Teacher Pay for Performance Schemes Advance American Education? What Education and Business Can Learn from Each Other in the Education Reform Movement |
7 William & Mary Business Law Review 547 (March, 2016) |
States are quickly moving away from the uniform salary schedule used to compensate teachers and are instead implementing various forms of Pay for Performance. While Pay for Performance compensation schemes have proved effective in some areas of business, they are not uniformly applicable and are ill-suited to education reform. By outlining recent... |
2016 |