| Author | Title | Citation | Summary | Year |
| Ali L. Nicolette |
Empty Benefits: Employer-sponsored Oocyte Cryopreservation and Potential for Employment Discrimination |
27 Hastings Women's Law Journal 341 (Summer 2016) |
Companies such as Apple and Facebook are beginning to follow large law firms in offering their young female employees oocyte cryopreservation (egg-freezing) options as a perk for employment. The offer is enticing: freeze your eggs while you (and they) are young and healthy, work your way up in the company, and then have the eggs fertilized and... |
2016 |
| Suzi Ruhl, Jonathan Ostar |
Environmental Justice |
33 GPSolo 42 (May/June, 2016) |
Over the past 50 years, the United States has made great strides in protecting the environment and public health while also ensuring fair treatment under the law. Environmental laws and regulations generally require increased scrutiny and consideration of environmental and health impacts in environmental decision making, while civil rights laws and... |
2016 |
| Abilene Slaton |
Federal Statutory Responsibility and the Mental Health Crisis among American Indians |
40 American Indian Law Review 71 (2015-2016) |
Suicides are occurring at an alarming rate among Indian populations. For example, years ago, on a reservation in North Dakota, a young American Indian girl suffered the loss by suicide of both her father and her sister. Soon after, she fell into a severe depression. For the next ninety days she lay in her bed in the fetal position, while no one... |
2016 |
| Mary Pat Treuthart |
Feminist-in-chief? Examining President Obama's Executive Orders on Women's Rights Issues |
91 Chicago-Kent Law Review 171 (2016) |
I didn't run for President so that the dreams of our daughters could be deferred or denied. I didn't run for President to see inequality and injustice persist in our time. I ran for President to put the same rights, the same opportunities, [and] the same dreams within the reach for our daughters and our sons alike. I ran for President to put the... |
2016 |
| Patrick D. Murphree |
For the Least of These Brothers and Sisters of Mine: Providing Mental Health Care to Undocumented Immigrant Children |
15 Seattle Journal for Social Justice 65 (Summer, 2016) |
But I wasn't sure I wanted to come. I decided for sure only when the gang threatened me.--Maritza, age 15. Imagine being 10 years old, leaving the only home you have ever known in the company of a stranger to be taken to reunite with a mother you barely know. Imagine being shuffled from bus to train, packed in with throngs of other immigrants... |
2016 |
| Stephane M. Shepherd, Roberto Lewis-Fernandez , Swinburne University of Technology, Columbia University and New York State Psychiatric Institute, New York, New York |
Forensic Risk Assessment and Cultural Diversity: Contemporary Challenges and Future Directions |
22 Psychology, Public Policy, and Law 427 (November, 2016) |
A Canadian Federal court recently impugned the administering of 5 risk assessment instruments with Canadian Aboriginal prisoners. The ramifications of the ruling for the field are notable given the universal employment of risk instruments with Indigenous offenders and patients. Effectively, forensic clinicians and researchers can no longer overlook... |
2016 |
| Lindsay F. Wiley |
From Patient Rights to Health Justice: Securing the Public's Interest in Affordable, High-quality Health Care |
37 Cardozo Law Review 833 (February, 2016) |
Models emphasizing professional autonomy, patient rights, market power, and health consumerism are no longer adequate to address the increasingly social, collective nature of health law institutions, instruments, and norms. What is needed is a new model that expressly recognizes the public--alongside the patient, the provider, and the payer--as an... |
2016 |
| Margaret Moore Jackson |
From Seminar to Simulation: Wading out to the Third Wave |
19 Journal of Gender, Race and Justice 127 (Spring 2016) |
Introduction. 127 I. Today's Simulation Course: Part of the Experiential Educational Mandate. 130 A. New ABA Experiential Education Standards Embrace Teaching Via Simulation and Integrated Learning. 132 1. Defining New Territory. 133 2. Meeting the Need. 135 B. The Good, the Bad, and the Ugly: Teaching Via Simulation. 136 1. What Simulation... |
2016 |
| Camille A. Nelson |
Frontlines: Policing at the Nexus of Race and Mental Health |
43 Fordham Urban Law Journal 615 (April, 2016) |
The last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the... |
2016 |
| Thomas J. Molony |
Fulfilling the Promise of Roe: a Pathway for Meaningful Pre-abortion Consultation |
65 Catholic University Law Review 713 (Summer, 2016) |
I. The Promise of Roe--and Reality. 716 II. A Path Toward Meaningful Pre-Abortion Consultation. 720 A. The Pre-Abortion Consultation Enhancement Act. 720 B. Benefits of the Model Statute. 722 C. Enhancing Patient Autonomy. 726 III. A Requirement that Respects a Woman's Constitutional Rights. 728 A. The Primary Care Consultation Requirement Does Not... |
2016 |
| George A. Martínez |
Further Thoughts on Race, American Law, and the State of Nature: Advancing the Multiracial Paradigm Shift and Seeking Patterns in the Area of Race and Law |
85 UMKC Law Review 105 (Fall, 2016) |
Philosophy reveals what is hidden. It discloses or makes things comprehensible or understandable. In my article on Race, American Law and the State of Nature, I have sought to use philosophical theory-- state of nature theory--as a way to understand American law and issues of race. Philosophical state of nature theory reveals or discloses what is... |
2016 |
| Ifeoma Ajunwa |
Genetic Data and Civil Rights |
51 Harvard Civil Rights-Civil Liberties Law Review 75 (Winter 2016) |
Well-settled legal doctrines prohibit employers from discriminating against job applicants on the basis of physical characteristics such as race, sex, age, or disability. However, the full implications of genetic testing were inconceivable during the promulgation of those doctrines. Technological advancements and social trends in the interpretation... |
2016 |
| Shea Diaz, Georgetown Environmental Law Review |
Getting to the Root of Environmental Injustice |
1/29/2016 Georgetown Environmental Law Review Online 1 (1/29/2016) |
This post is part of the Environmental Law Review Syndicate, a multi-school online forum run by student editors from the nation's leading environmental law reviews. In the United States, poor people and people of color experience higher cancer rates, asthma rates, mortality rates, and overall poorer health than their affluent and white... |
2016 |
| Elizabeth Kukura |
Giving Birth under the Aca: Analyzing the Use of Law as a Tool to Improve Health Care |
94 Nebraska Law Review 799 (2016) |
I. Introduction. 800 II. Overview of Maternity Care in the United States. 803 A. High Costs and Poor Outcomes: Demonstrating the Urgent Need for Maternity Care Reform. 803 B. Understanding the Landscape of Childbirth. 808 III. The ACA and Maternity Care. 814 A. The ACA's Significant Expansion of Access to Maternity Coverage. 816 1. ACA Reforms that... |
2016 |
| Eric Kades |
Giving Credit Where Credit Is Due: Reducing Inequality with a Progressive State Tax Credit |
77 Louisiana Law Review 359 (Winter, 2016) |
Introduction. 360 I. Income Inequality, Federal Tax Progressivity, and State Tax Regressivity. 363 A. The Inequality Revolution Since 1980. 363 B. The Normative Case for Progressive Taxation. 368 C. Federal Tax Progressivity. 373 D. State Tax Regressivity. 377 II. Deductions and Credits, Progressive or Regressive, and Interactions Between National... |
2016 |
| Janine S. Hiller |
Healthy Predictions? Questions for Data Analytics in Health Care |
53 American Business Law Journal 251 (Summer, 2016) |
The Patient Protection and Affordable Care Act (Affordable Care Act or ACA), health information technology (HIT) adoption, and increasing implementation of electronic medical records, are all propelling health care into the world of big data. Big data, analytics, and predictive algorithms are poised to play a large part in the transformation of... |
2016 |
| Nicholas Kaldawi |
Indigenous Health Policy in the United States and Latin America: the Marshall Trilogy and the International Human Rights Approach |
33 Arizona Journal of International and Comparative Law 481 (2016) |
C1-2Table of Contents I. Introduction. 482 A. The State of Indigenous Peoples' Health Today. 482 1. Why Latin America as a Basis for Comparison?. 484 II. The Marshall Trilogy in the United States. 485 A. Native American Health Prior to 1961. 485 B. The Marshall Model and Health in the Self-Determination Era. 488 III. Right to Healthcare and the... |
2016 |
| Rebecca Tsosie |
Indigenous Identity, Cultural Harm, and the Politics of Cultural Production: a Commentary on Riley and Carpenter's "Owning Red" |
94 Texas Law Review See Also 250 (2016) |
In Owning Red: A Theory of Indian (Cultural) Appropriation, Professors Angela Riley and Kristen Carpenter explore the contested nature of cultural appropriation in the context of recent controversies involving American Indian claims to ownership or control of tangible and intangible resources. Drawing on Federal Indian law and its history and... |
2016 |
| Michael Pinard |
Introduction |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 145 (Fall, 2016) |
Had Freddie Gray not died in The University of Maryland Medical Center's Shock Trauma Center one week after his infamous encounter with Baltimore police officers, who chased him simply because, according to the Application for Statement of Charges filed by one of the arresting officers, he fled unprovoked upon noticing police presence, none of us... |
2016 |
| Brenda McKinney |
Investigating the Role of Race and Culture in the U.s. Juvenile Justice System |
36 Children's Legal Rights Journal 45 (Spring, 2016) |
Emotional. Disturbing. Uplifting. These words have been used to describe recent events that have, along with titles like Michelle Alexander's New Jim Crow, reopened a broad discussion about issues at the intersection of race relations, culture and youth who offend in the United States. More specifically, a series of unfortunate and high profile... |
2016 |
| Cary Coglianese |
Is Government Really Broken? |
1 University of Pennsylvania Journal of Law & Public Affairs 65 (July, 2016) |
L1-2Introduction . L367 I. America's Woes. 68 II. Is Government Broken?. 72 A. Perfection. 73 B. Acceptable Imperfection. 75 C. Comparison. 78 D. Counterfactual Inference. 81 III. Disrepair, Not Despair. 84 L1-2Conclusion . L389 |
2016 |
| Adrien K. Wing |
Is There a Future for Critical Race Theory? |
66 Journal of Legal Education 44 (Autumn, 2016) |
We all know that the legal academy is in a crisis that does not appear to have an end in sight. As many law school enrollments plummet, some institutions may even face closure or merger. As experiential requirements increase but resources do not, some may query whether many schools should just ensure that their students can meet all the... |
2016 |
| Aneel L. Chablani |
Legal Aid's Once and Future Role for Impacting the Criminalization of Poverty and the War on the Poor |
21 Michigan Journal of Race and Law 349 (Spring 2016) |
INTRODUCTION. 349 I. Poverty, Race, and the Criminal Justice System. 350 II. Legal Aid and the War on the Poor. 353 III. A Model for the Future - Relevancy and Impact. 357 CONCLUSION. 360 Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased... |
2016 |
| Christopher W. Schmidt |
Legal History and the Problem of the Long Civil Rights Movement |
41 Law and Social Inquiry 1081 (Fall, 2016) |
Carle, Susan D. 2013. Defining the Struggle: National Organizing for Racial Justice, 1880-1915. New York: Oxford University Press. This essay offers a critical examination of use of the term long civil rights movement as a framework for understanding the legal history of the battle against racial inequality in twentieth-century America.... |
2016 |
| Liliana M. Garces |
Lessons from Social Science for Kennedy's Doctrinal Inquiry in Fisher V. University of Texas Ii |
64 UCLA Law Review Discourse 18 (2016) |
This Essay considers the lessons social science research brings to the constitutional inquiry in Fisher II, and to Justice Kennedy's decisive vote in particular. The author summarizes empirical findings demonstrating the harm that further restrictions on the consideration of race in admissions would bring to student body diversity and to... |
2016 |
| André Douglas Pond Cummings |
Lord Forgive Me, but He Tried to Kill Me: Proposing Solutions to the United States' Most Vexing Racial Challenges |
23 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police... |
2016 |
| Alex Kreit |
Marijuana Legalization and Pretextual Stops |
50 U.C. Davis Law Review 741 (December, 2016) |
C1-2Table of Contents Introduction. 741 I. How Prohibition Incentivizes Pretextual Stops and Profiling. 745 A. The Drug War and Pretextual Stops. 745 B. Marijuana Prohibition and Pretextual Stops. 750 C. Racial Disparities and Pretextual Stops. 754 II. The Potential Impact of Marijuana Legalization on Pretextual Stops. 757 A. Medical Marijuana. 760... |
2016 |
| Felicia Y. Sze, Esq. , David J. Vernon, Esq. , Kelly A. Carroll, Esq. , Hooper Lundy & Bookman, P.C., San Francisco, CA, Hooper, Lundy & Bookman, P.C., Washington, DC |
Medicaid Rate Challenges Before and after Armstrong V. Exceptional Child Center, Inc. |
28 Health Lawyer 16 (February, 2016) |
The Medicaid program is the safety net program for low-income children, their families, individuals with disabilities and the elderly. As a joint state-federal program, the federal government provides matching funds for state expenditures on each Medicaid program. As a result, the ability of the Medicaid programs to serve beneficiaries, especially... |
2016 |
| Michael C. Danna |
Medicaid Reform, Prison Healthcare, and the Due Process Right to a Fair Hearing |
40 New York University Review of Law and Social Change 429 (2016) |
The healthcare provided to incarcerated individuals in the nation's prisons falls far below that which is fair, just, or decent, and incarcerated individuals' access to the civil justice system to demand better healthcare is fraught with restrictions and barriers. This article proposes using the opportunity provided by the expansion of Medicaid... |
2016 |
| John V. Jacobi |
Medicaid, Managed Care, and the Mission for the Poor |
9 Saint Louis University Journal of Health Law & Policy 187 (2016) |
Medicaid has financed care for the poor for five decades. During that time it has balanced two important missions: providing for the particular health needs of the poor, and mainstreaming care for the poor. These roles have been consistent as all insurance payors -- public and private -- have shifted away from passively funding fragmented care to... |
2016 |
| Geoff Ward |
Microclimates of Racial Meaning: Historical Racial Violence and Environmental Impacts |
2016 Wisconsin Law Review 575 (2016) |
This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... |
2016 |
| Jennifer A. Brobst |
Miranda in Mental Health: Court Ordered Confessions and Therapeutic Injustice for Young Offenders |
40 Nova Law Review 387 (Spring, 2016) |
I. Introduction. 388 II. Juvenile Offenders and the Modern Therapeutic State. 391 A. Evolution of the Modern Therapeutic State in Juvenile Justice. 394 B. Judicial Misuse of Adolescent Mental Health Services. 399 III. Constitutional Considerations for Juvenile Offenders in Therapy. 404 A. A Juvenile Offender's Fifth Amendment Due Process Right... |
2016 |
| Jane K. Stoever |
Mirandizing Family Justice |
39 Harvard Journal of Law & Gender 189 (Winter 2016) |
Family Justice Centers, which co-locate governmental and community responses to domestic violence, are rapidly proliferating sites at which survivor autonomy is frequently in tension with state intervention. Abuse survivors often benefit from being able to access multiple services in one location, but the presence of mandatory reporters at the... |
2016 |
| Ruqaiijah Yearby |
Missing the "Target": Preventing the Unjust Inclusion of Vulnerable Children for Medical Research Studies |
42 American Journal of Law & Medicine 797 (2016) |
Nearly everyone has experienced a burn and the resulting pain. Now imagine that you suffer a third-degree radiation burn that injures all the layers of your skin as well as the tissue, causing you extreme pain. The burn turns your skin white, cherry red, or black and may produce blisters that are dry, hard, and leathery-looking. The burn can also... |
2016 |
| Emily Koruda |
More Carrot, less Stick: Workplace Wellness Programs & the Discriminatory Impact of Financial and Health-based Incentives |
36 Boston College Journal of Law & Social Justice 131 (2016) |
Abstract: In recent years, more and more employers are turning to workplace wellness programs to combat rising health care costs by rewarding employees for improving their health-related behaviors and penalizing those who do not attain measureable health outcomes. Yet these wellness programs run counter to the goals of improving the overall health... |
2016 |
| Nancy Zambrana |
Mothers in Crisis: Redefining and Expanding the Disaster Law Framework to Address Pregnant Women's Health Care Needs |
1 University of Pennsylvania Journal of Law & Public Affairs 121 (July, 2016) |
I. Introduction. 123 II. The Impact of Emergencies and Disasters on Maternal Health Care. 125 A. Hurricane Katrina. 125 i. Hurricane Katrina and Maternal Health Care. 125 ii. Federal Response to Maternal Health Issues in Hurricane Katrina. 127 iii. NGO Response to Maternal Health Issues in Hurricane Katrina. 127 B. The Flint Water Crisis. 128 i.... |
2016 |
| Michele Goodwin , Erwin Chemerinsky |
No Immunity: Race, Class, and Civil Liberties in Times of Health Crisis on Immunity: an Inoculation. By Eula Biss. Minneapolis, Minn.: Graywolf Press. 2014. Pp. 205. $24.00 |
129 Harvard Law Review 956 (February, 2016) |
We are all already polluted. --Eula Biss (p. 76) Nearly a century ago, the United States found itself in the midst of a health crisis related to individuals it found to be socially unfit. At the time, social unfitness and imbecility were thought to be genetically inscribed and heritable--contagious within the gene pool. However, as with many... |
2016 |
| Jason P. Nance |
Over-disciplining Students, Racial Bias, and the School-to-prison Pipeline |
50 University of Richmond Law Review 1063 (March, 2016) |
Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children for disruptive behavior. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based... |
2016 |
| Andrew C. Stevens |
Patient Discrimination Litigation under Section 1557 of the Aca: a Sleeping Giant? |
9 Journal of Health & Life Sciences Law 111 (June, 2016) |
Litigation against providers based on allegations of discrimination in the provision of health care may be set to expand dramatically following the passage of the Affordable Care Act (ACA) in 2010. Buried within the ACA is Section 1557, simply entitled Nondiscrimination, which reads as follows: An individual shall not, on the ground prohibited... |
2016 |
| Julian J.Z. Polaris |
Personal Networks: Health Coverage Status and the Invisible Burden on Family and Friends |
39 Harvard Journal of Law & Gender 115 (Winter 2016) |
Traditionally, debates over American health coverage institutions have relied on vocabulary and concepts from the world of insurance. Policymakers, scholars, and commentators emphasize the interests of parties with direct financial or legal ties to the health insurance contract. Missing from that conversation are the interests of each individual's... |
2016 |
| Christopher R. Trudeau |
Plain Language in Healthcare |
95-OCT Michigan Bar Journal 36 (October, 2016) |
Poor health communication is one area that is often overlooked. But it affects everyone, from patients and providers to health systems, drug companies, insurers, government agencies, and the lawyers who represent them. Think about it--how providers and healthcare organizations communicate with patients is critical for patients to be able to comply... |
2016 |
| Robert J. Kane , Anne-Marie O'Brien |
Policing by Imposition: the Consequences of Aggressive Drug Policing on Prenatal Care in Structurally Disadvantaged Communities |
8 Drexel Law Review 317 (Spring 2016) |
Historically in the United States, the police have been organized as a publicly accountable, rule of law institution. In theory, this has meant that police engage in partnership with the public to set crime prevention and public safety goals. Since the decline of industrialization in America's urban centers, however, the police--particularly in... |
2016 |
| Brooke McGee |
Pregnancy as Punishment for Low-income Sexual Assault Victims: an Analysis of South Dakota's Denial of Medicaid-funded Abortion for Rape and Incest Victims and Why the Hyde Amendment must Be Repealed |
27 George Mason University Civil Rights Law Journal 77 (Fall, 2016) |
Beginning at dawn, Jane drives over 450 miles from her small town of Buffalo, South Dakota to Sioux Falls, South Dakota to obtain an abortion for an unintended pregnancy. Spending over seven hours in her car without a break, Jane arrives at the only clinic that offers abortion services in the state. Once there, she meets with the doctor scheduled... |
2016 |
| Jordan Aiken |
Promoting an Integrated Approach to Ensuring Access to Gender Incongruent Health Care |
31 Berkeley Journal of Gender, Law & Justice 1 (Winter, 2016) |
I. Introduction. 2 II. Understanding the Problem. 6 A. Medical Discrimination Based on Gender Identity. 6 B. Affected Populations. 7 1. Transgender and Gender Nonconforming Individuals. 8 2. Medical Providers. 10 3. The Public at Large. 11 III. Applicable Laws, Policies, Regulations, and Directives. 12 A. The Patient Protection and Affordable Care... |
2016 |
| Chandra L. Ford |
Public Health Critical Race Praxis: an Introduction, an Intervention, and Three Points for Consideration |
2016 Wisconsin Law Review 477 (2016) |
The field of Public Health has a progressive history of working with vulnerable communities to promote the health of all their residents, but it also has a complicated and problematic relationship to race. Its roles in racializing populations and disease as well as promoting scientific racism are well documented. At the same time, anti-racism... |
2016 |
| Janine Young Kim |
Racial Emotions and the Feeling of Equality |
87 University of Colorado Law Review 437 (Spring 2016) |
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial... |
2016 |
| Shaun Ossei-Owusu |
Racial Horizons and Empirical Landscapes in the Post-aca World |
2016 Wisconsin Law Review 493 (2016) |
Introduction. 493 The Subfields. 497 A. Medical Anthropology and Community Health Needs Assessments. 497 B. Medical Sociology. 501 1. Sociology in Medicine and Accountable Care Organizations. 501 2. Sociology of Medicine and Workforce Diversity. 504 3. Sociology of Health, the Employer Mandate, and Coverage Gaps. 508 C. Health Economics and... |
2016 |
| Robette Ann Dias |
Racism Creates Barriers to Effective Community Policing |
40 Southern Illinois University Law Journal 501 (Spring, 2016) |
It is not often that I am invited as a community member to speak in an academic setting, and to have received the invitation to address something as essential as the relationship between healthy communities and law enforcement is an honor and a heavy responsibility. I am grateful to have had that opportunity and grateful for the invitation to... |
2016 |
| Cathy Haukedahl |
Real Change Is Hard. And Necessary |
73-DEC Bench and Bar of Minnesota 13 (December, 2016) |
In legal aid programs, it can become easy enough to think we're doing our social justice work, and addressing systemic discrimination, simply by serving our clients every day. But I've come to realize that what we're already doing in our day-to-day work is not nearly enough. Legal aid clients throughout Minnesota, as across the country, are... |
2016 |
| Kimberly Jade Norwood |
Recalibrating the Scales of Municipal Court Justice in Missouri: a Dissenter's View |
51 Washington University Journal of Law & Policy 121 (2016) |
The municipal court in this state is today too much an anomaly, too backward in its procedures, too arbitrary in its administration, to gain for it the respect by the public which a court must have. The attitudes of many of our citizens toward the courts and the law are shaped by unhappy experience in these courts. But more important still, we... |
2016 |