| Author | Title | Citation | Summary | Year |
| M. Alexander Pearl |
Redskins: the Property Right to Racism |
38 Cardozo Law Review 231 (October, 2016) |
Property rights serve human values. They are recognized to that end, and are limited by it. --Chief Justice Joseph Weintraub Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my... |
2016 |
| Genevieve Lakier |
Reed V Town of Gilbert, Arizona, and the Rise of the Anticlassificatory First Amendment |
2016 Supreme Court Review 233 (2016) |
The distinction between content-based and content-neutral regulations of speech is one of the most important in First Amendment law. For decades now, the Supreme Court has insisted that content-based laws--laws that restrict speech because of its ideas or messages or subject matter--are presumptively unconstitutional, and will be sustained only if... |
2016 |
| Srishti Miglani |
Reference Pricing: a Small and Mighty Solution to Bend the Health Care Cost Curve |
22 Connecticut Insurance Law Journal 47 (2015-2016) |
Healthcare [is] . . . undoubtedly the most complex of all social systems. Perturbations of complex systems always produce unintended and unexpected consequences, even when all we are doing is eliminating perversion There is no single antidote to the problem of rising health care costs. These costs can be attributed to: the aging population;... |
2016 |
| Derek W. Black |
Reforming School Discipline |
111 Northwestern University Law Review 1 (2016) |
Abstract--Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively... |
2016 |
| Erika C. Weaver |
Reparations for Descendants of American Slaves: the Recurring Clarion Call That Emerges from Race-based, Social, and Political Movements |
21 Public Interest Law Reporter 167 (Spring, 2016) |
The demand for reparations isn't new. It began with Callie House after enslavement ended. She knew that soldiers were given pension and sought a pension for freed slaves who were too old to work. In 2014, Ta-Nehisi Coates reminded societies of the moral and ethical premise of reparations when he quoted Deuteronomy 15:12-15. Coates' piece detailed... |
2016 |
| Charles Adside, III |
Replay That Tune: Defending Bakke on Stare Decisis Grounds |
64 Cleveland State Law Review 519 (2016) |
The announcement from the United States Supreme Court to reconsider Fisher v. University of Texas at Austin (Fisher I) presents an opportunity to revisit Regents of the University of California v. Bakke, which controls affirmative action jurisprudence. This Article argues that Bakke is immune from reversal under stare decisis principles, because... |
2016 |
| Kara W. Swanson |
Rethinking Body Property |
44 Florida State University Law Review 193 (Fall, 2016) |
Body products, including blood, gametes, and kidneys, are a routine part of contemporary medicine. They are also controversial. There is a strong preference for donated gifts, based on an intuition that gifts are pure, altruistic, and healthy, and that purchased products (commodities) are tainted, exploitative, and dangerous. Law and policy reflect... |
2016 |
| Maurice R. Dyson |
Rethinking Rodriguez after Citizens United: the Poor as a Suspect Class in High-poverty Schools |
24 Georgetown Journal on Poverty Law and Policy 1 (Fall, 2016) |
C1-2Table of Contents I. Introduction. 2 II. What Did Rodriguez Really Say?. 8 III. Determining Suspect Class. 12 IV. Suspect Identity & Manifestations of Poverty:. 15 A. Residential Segregation & the Racial Achievement Gap as Organizing Principles of Poverty Discrimination. 15 B. In Need of a New Theory: Poverty & Its Erection of Racial Barriers.... |
2016 |
| Joseph Karl Grant |
Running past Landmines--the Estate Attorney's Dilemma: Ethically Counseling the Client with Alzheimer's Disease |
24 Elder Law Journal 101 (2016) |
This Article examines the ethical dilemmas faced by attorneys who represent clients suffering from Alzheimer's disease. To do so, this Article raises three (3) hypothetical case studies, and applies the ABA Model Rules of Professional Conduct, and the American College of Trust and Estate Counsel (ACTEC) Commentaries, where appropriate, to those... |
2016 |
| Michele Goodwin , Naomi Duke, M.D. , Jaime Allgood |
Sex, Drugs, & Hiv: Mass Incarceration's Hidden Problem |
16 Houston Journal of Health Law & Policy 1 (2016) |
The United States' corrections system represents a significant source of HIV/AIDS risk that disproportionately impacts populations of color, as these populations experience disproportionately high rates of incarceration in the U.S. This Essay looks to the escalation of mass incarceration as a root cause for the dramatic and chilling rise in... |
2016 |
| Michael Morris |
Standard White: Dismantling White Normativity |
104 California Law Review 949 (August, 2016) |
Standard White reviews White By Law by Ian Haney López and examines the content and construction of whiteness as a racial category. Drawing on examples from medicine, higher education, and naturalization law, Standard White illustrates the central position that whiteness continues to occupy in the United States. By focusing on the operation of... |
2016 |
| Jada Fehn |
Swamped: How Local Governments Can Improve Health by Balancing Exposure to Fat, Sugar, and Salt-laden Fringe Foods |
24 Journal of Affordable Housing & Community Development Law 565 (2016) |
I. Desert to Swamp. 566 II. Details of the Imbalance. 567 A. Poor Access. 567 B. On the Ground. 571 1. Baltimore. 571 2. Chicago. 571 3. Detroit. 573 4. Los Angeles. 573 III. Why?. 574 A. Product Manipulation. 574 B. Advertising. 575 C. Exodus to the Suburbs. 576 IV. The Link Between Food Imbalance and Health Inequity. 577 V. Public Health... |
2016 |
| Courtney Lauren Anderson |
Taxation and Representation: a Healthy Supplement to Ppaca |
10 Charleston Law Review 1 (Spring 2016) |
I. ABSTRACT. 2 II. INTRODUCTION. 5 III. PART I: COMMUNITY ECONOMIC DEVELOPMENT AND INITIATIVES TO CREATE HEALTH EQUITY. 12 A. Community Economic Development. 12 B. Health Disparities. 15 IV. PART II: HEALTH EQUITY DEVELOPMENT: FORMALIZING THE COMMUNITY ECONOMIC DEVELOPMENT AND HEALTH EQUITY RELATIONSHIP. 20 A. The Simultaneous Creation of Economic... |
2016 |
| Sonja B. Starr |
Testing Racial Profiling: Empirical Assessment of Disparate Treatment by Police |
2016 University of Chicago Legal Forum 485 (2016) |
Statistical evidence plays a central role in litigation, scholarship, and public debates about race and policing. At one level, the statistical picture is clear: people of color in the United States, especially black men, interact with police far more often than white Americans do. Black Americans are about 2.5 times more likely to be arrested each... |
2016 |
| Kim Forde-Mazrui |
The Canary-blind Constitution: must Government Ignore Racial Inequality? |
79 Law and Contemporary Problems 53 (2016) |
For centuries, coal miners took canaries into the mine to alert them that atmospheric conditions were dangerously toxic. If the canary showed signs of distress, it was time to get out. The miner's canary has been used as a metaphor to describe the signal provided by observed disparities between racial groups along socioeconomic dimensions. Black... |
2016 |
| Lauren R. Roth |
The Collective Fiduciary |
94 Nebraska Law Review 511 (2016) |
I. Introduction. 511 II. Individual and Collective Fiduciaries. 516 A. Fiduciary Powers. 516 B. Fiduciary Duties. 519 C. The Expanding Fiduciary Role. 523 III. The Failure to Hold the Expanding Fiduciary Accountable Under ERISA. 528 A. Holding Private Actors Accountable: The Role of Congress. 529 B. Expanding the Definition of Fiduciary. 532 C. A... |
2016 |
| Jennifer M. Smith |
The Color of Pain: Blacks and the U.s. Health Care System--can the Affordable Care Act Help to Heal a History of Injustice? Part Ii |
73 National Lawyers Guild Review 1 (Spring, 2016) |
Part I of this article can be found in the last issue of the National Lawyers Guild Review. See Jennifer M. Smith, The Color of Pain: Blacks and the U.S. Health Care System--Can the Affordable Care Act Help to Heal a History of Injustice? Part I, 72 NLG Rev. 238 (2015). The state of Americans' health care has been troubling, especially before... |
2016 |
| Steven W. Bender |
The Colors of Cannabis: Race and Marijuana |
50 U.C. Davis Law Review 689 (December, 2016) |
C1-2Table of Contents Introduction. 689 I. Reefer Madness: The History of Racialized Prohibition and Enforcement. 690 II. Campaign Colors. 692 III. The New White Market: Examining the Color of the Legal Marijuana Industry. 695 IV. The Resilient Black Market. 698 V. Life After Legalization: Blunt Realities for Minority Users. 700 VI. Next Steps:... |
2016 |
| Theresa Glennon |
The Developmental Perspective and Intersectionality |
88 Temple Law Review 929 (Summer 2016) |
The Temple Law Review and Juvenile Law Center cohosted this Symposium to mark Juvenile Law Center's fortieth anniversary of groundbreaking work on behalf of children and youth. We also honored the many years of extraordinary leadership provided by Bob Schwartz, a cofounder and Executive Director of Juvenile Law Center for many years. The articles... |
2016 |
| Mark Eccleston-Turner |
The Economic Theory of Patent Protection and Pandemic Influenza Vaccines: Do Patents Really Incentivize Innovation in the Field? |
42 American Journal of Law & Medicine 572 (2016) |
The creation of new vaccines is one of the key challenges in the battle against global infectious diseases. Therefore, creating the optimal conditions for innovation in vaccines is one of the most important roles law may undertake in this battle. In relation to pharmaceuticals, the economic theory of patent protection is commonly cited by industry... |
2016 |
| Elise C. Boddie |
The Future of Affirmative Action |
130 Harvard Law Review Forum 38 (November, 2016) |
It is hard to remember a time in recent memory when the problems of racial injustice have been more visible and the need to promote opportunities for people of different racial and ethnic backgrounds has seemed more urgent. The very rawness and extent of these injustices are too disturbing to bear: videos of police killing unarmed African Americans... |
2016 |
| Dima Elissa, Dr. Neelum Aggarwal, Natalie Ficek, Kyle Mitchell, Sophia Pribus |
The Impact of Sex and Gender on Innovation and Health Technology |
18 DePaul Journal of Health Care Law 1 (Spring, 2016) |
Throughout history, there has been an unsettling partiality for men in the healthcare industry. A leading example highlighting this problem is heart disease and the long history of its treatment plans directed towards men. In 1982, a study on cholesterol and its impact on cardiovascular disease involved 12,866 men and no women. In addition to... |
2016 |
| Sara K. Rankin |
The Influence of Exile |
76 Maryland Law Review 4 (2016) |
Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls the influence of exile, reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups' access to public space. Jim Crow,... |
2016 |
| New England Journal on Criminal, Civil Confinement |
The Intersection of Racial Justice and Criminal Justice in Massachusetts: Interview with Rahsaan Hall |
42 New England Journal on Criminal and Civil Confinement 39 (Winter 2016) |
At a time when scores of impassioned debates at the intersection of criminal justice and racial discrimination are ringing throughout the United States, civil rights attorney Rahsaan Hall has taken an emboldened lead in local reform efforts as Director of American Civil Liberties Union of Massachusetts' Racial Justice Program. Attorney Hall has... |
2016 |
| Mya L. Johnson |
The Lack of Trust in a Trust Relationship: Indian Affairs and the Federal Government |
42 Thurgood Marshall Law Review Online 3 (Fall, 2016) |
Imagine if the government controlled everything you owned, everything you loved. Imagine if the government were responsible for looking after your best interests. Imagine if the government mismanaged your assets and land, holding you within the reach of poverty and subpar health. This nightmare is the reality for many American Indians, and their... |
2016 |
| Tomiko Brown-Nagin |
The Mentoring Gap |
129 Harvard Law Review Forum 303 (May, 2016) |
Recent protests on college campuses have exposed a paradox. Despite universities' commitment to diversity, true inclusion -- a sense of community across lines of race, class, and culture -- can be elusive in higher education. Initially thrilled to receive offers of admission to selective universities, students from underrepresented communities... |
2016 |
| Eriko Sase, Christopher Eddy |
The Millennials in an Aging Society: Improving End-of-life Care by Public Health Policy |
21 Georgetown Public Policy Review 1 (Spring, 2016) |
We examine the theory and practice of end-of-life care in relation to the Millennial Generation as surrogate, informal caregivers for their aging parents. Utilizing a uniquely combined public health and human rights-based approach, we conducted a content analysis comparing theory to practice, i.e. how laws and regulations compare to the application... |
2016 |
| Erika K. Wilson |
The New School Segregation |
102 Cornell Law Review 139 (November, 2016) |
The South has a long and sordid history of resisting school desegregation. Yet after a long and vigorous legal fight, by the mid-1980s, schools in the South became among the most desegregated in the country. An important but often underappreciated tool that aided in the fight to desegregate schools in the South was the conventional and strategic... |
2016 |
| Omri Ben-Shahar |
The Paradox of Access Justice, and its Application to Mandatory Arbitration |
83 University of Chicago Law Review 1755 (Fall, 2016) |
Access justice is one of the most appealing and least contentious regulatory techniques in law's repertoire. It aspires to give people equal opportunity to utilize certain primary goods, and it does so by assuring openness--that access to these goods is not allocated by markets and is not tilted in favor of wealth or privilege. But access justice... |
2016 |
| Caitlin McCartney |
The Patient Protection and Affordable Care Act and Choice in Childbirth: How the Aca's Nondiscrimination Provisions May Change the Legal Landscape of Childbirth |
24 American University Journal of Gender, Social Policy and the Law 337 (2016) |
Introduction. 338 I. Choice in Childbirth. 340 A. History of Midwifery and Childbirth in the United States. 340 1. Childbirth Today: United States. 341 2. Childbirth Today: Europe. 344 B. Midwife v. Physician. 345 1. What Midwives Do. 345 2. Arguments for and Against Home Birth. 346 3. Safety of Home Birth. 348 II. Home Birth: Legal Obstacles to... |
2016 |
| Rebecca Tsosie |
The Politics of Inclusion: Indigenous Peoples and U.s. Citizenship |
63 UCLA Law Review 1692 (August, 2016) |
This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,... |
2016 |
| M. Akram Faizer |
The Privileges or Immunities Clause: a Potential Cure for the Trump Phenomenon |
121 Penn State Law Review 61 (Summer, 2016) |
The xenophobic authoritarianism of Donald J. Trump's highly successful Presidential candidacy as well as the popularity of far-right nationalists in other mature democracies traces its origins to the problem of middle class wage stagnation and how this relates to income and wealth inequality, which have both grown dramatically since the 1970s with... |
2016 |
| Amanda Geller |
The Process Is Still the Punishment: Low-level Arrests in the Broken Windows Era |
37 Cardozo Law Review 1025 (February, 2016) |
Purpose: This Article examines the experience of contemporary arrestees in New York City to identify impositions they face in the processing of charges against them. In his seminal 1979 study The Process Is the Punishment , Malcolm Feeley documented severe administrative burdens faced by arrestees before judgment of guilt or innocence. I... |
2016 |
| Julie Hwang |
The Road to Reducing Racial Disparity in the Healthcare System: Affordable Care Act as Domestic Implementation of Cerd |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 171 (Spring, 2016) |
Racial disparity in the healthcare system has been criticized as one of the major social and economic problems in the United States. Racial and ethnic minorities consistently face challenges in the healthcare system and subsequently face higher mortality, lower health status, and higher propensity for certain illnesses and diseases. Challenging... |
2016 |
| Melanie Kalmanson |
The Second Amendment Burden: Arming Courts with a Workable Standard for Reviewing Gun Safety Legislation |
44 Florida State University Law Review 347 (Fall, 2016) |
Two controversial topics; one framework. Jurisprudence surrounding the Second Amendment to the U.S. Constitution lacks a workable standard under which courts are to review gun control legislation. This Note presents an intersectional argument whereby the abortion undue burden framework is applied to Second Amendment legislation. Through this... |
2016 |
| Mariah McGill , Gillian MacNaughton |
The Struggle to Achieve the Human Right to Health Care in the United States |
25 Southern California Interdisciplinary Law Journal 625 (Summer 2016) |
I. INTRODUCTION. 626 II. THE INTERNATIONAL FRAMEWORK FOR THE RIGHT TO HEALTH CARE. 631 III. THE RIGHT TO HEALTH CARE AT THE FEDERAL LEVEL. 637 A. An Introduction to the PPACA. 637 B. Analysis of the PPACA under the Right to Health Care. 639 C. Analysis of the PPACA Under Human Rights Principles. 650 D. Initiatives for a Right to Health Care at the... |
2016 |
| 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 49 (Fall, 2016) |
I. Introduction. 50 II. The Career Offender Guideline. 51 III. History of the Career Offender Guideline. 52 IV. Impact of the Career Offender Guideline. 56 V. Lack of Empirical Evidence Linking Drugs and Violence. 62 VI. Johnson v. United States: The Unintended Consequence Drug Offenders Will Suffer. 65 VII. U.S.S.C.'s First Step at Decoupling the... |
2016 |
| Deborah Hellman |
Two Concepts of Discrimination |
102 Virginia Law Review 895 (June, 2016) |
A philosophical battle is being waged for the soul of equal protection jurisprudence. One side sees discrimination as a comparative wrong occurring only where a law or policy fails to treat people as equals. The other side embraces a fundamentally noncomparative view that defines impermissible discrimination as a failure to treat each individual as... |
2016 |
| Russell K. Robinson |
Unequal Protection |
68 Stanford Law Review 151 (January, 2016) |
Abstract. During the last thirty years, the Supreme Court has steadily diminished the vigor of the Equal Protection Clause. It has turned away people of color who protest systems such as racialized mass incarceration because their oppression does not take the form of a racial classification. It has diluted the protections of intermediate scrutiny... |
2016 |
| Keegan Warren-Clem |
Unnecessary, Avoidable, Unfair, and Unjust: [En]gendered Access to Care in the Ppaca Era and the Case for a New Public Policy |
13 Indiana Health Law Review 119 (2016) |
I. Introduction. 120 II. Gender-Based Disparities in Access to Health Care. 123 A. Socio-Economic Access to Care: The Role of Social Determinants of Health. 124 1. Economic Stability. 125 2. Education. 127 3. Social and Community Context. 128 4. Neighborhood and Built Environment. 131 B. Financial Access to Care: The Role of Insurance. 131 1. The... |
2016 |
| Addie C. Rolnick |
Untangling the Web: Juvenile Justice in Indian Country |
19 NYU Journal of Legislation and Public Policy 49 (2016) |
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration... |
2016 |
| Josephine Ross |
Warning: Stop-and-frisk May Be Hazardous to Your Health |
25 William & Mary Bill of Rights Journal 689 (December, 2016) |
The law did not protect us. And now, in your time, the law has become an excuse for stopping and frisking you, which is to say, for furthering the assault on your body. --Ta-Nehisi Coates [T]his case tells everyone . that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a... |
2016 |
| Philip C. Aka, Chidera Oku, Elizabeth Arnott-Hill, Aref A. Hervani |
Why Low-income Workers Need to Save for Retirement and How They Can Do it |
38 University of Arkansas at Little Rock Law Review 209 (Winter, 2016) |
Retirement security exists when a worker, especially one on the cusp of retirement, subjectively believes that he or she has enough resources to guarantee a standard of living similar to that before retirement--and when, in fact, objectively, a full complement of savings in [various forms] exists to guarantee that pre-retirement standard of... |
2016 |
| Shyam Goswami |
Windfall Profits and Failed Goals of the Bayh-dole Act |
19 Journal of Gender, Race and Justice 375 (2016) |
I. Introduction 375 II. Background 377 A. An Overview of Patent Law 377 1. Commercialization 377 2. Incentivization 378 3. Disclosure 379 B. The Bayh-Dole Act 379 C. The Hatch-Waxman Act 381 D. Pharmaceutical Industry Financials 383 E. Other Forms of Support 384 III. Case Studies 385 A. Statins 385 B. Taxol 386 C. Sofosbuvir 386 IV. Impact 387 V.... |
2016 |
| Andrew M. Perlman |
A Behavioral Theory of Legal Ethics |
90 Indiana Law Journal 1639 (Fall, 2015) |
Introduction. 1639 I. The Objective-Partisan Assumption in Legal Ethics Theory. 1643 A. The Dominant View's Objective-Partisan Assumption. 1644 B. The Critiques of Zealous Advocacy. 1646 II. Lessons from Social Psychology About Objectivity. 1647 A. An Introduction to Relevant Concepts from Social Psychology. 1647 B. The Partisanship Problem. 1651... |
2015 |
| Jessica Mantel |
A Defense of Physicians' Gatekeeping Role: Balancing Patients' Needs with Society's Interests |
42 Pepperdine Law Review 633 (April, 2015) |
Although scholars and policymakers increasingly accept the need to ration health care, physicians doing so at the bedside remains controversial. Underling this debate is how to characterize the duty of care physicians owe their individual patients. Ethically, physicians are under strict fiduciary obligations that require them to give primacy to... |
2015 |
| Carol Castleberry |
A Human Right to Health: Is There One And, If So, What Does it Mean? |
10 Intercultural Human Rights Law Review 189 (2015) |
It is my aspiration that health finally will be seen not as a blessing to be wished for, but as a human right to be fought for. --United Nations Secretary-General Kofi Annan The human right to health, maybe more than any other right, uncovers disparities in respect for the human dignity of persons, based on race or ethnicity, socioeconomic status,... |
2015 |
| Angela A. Allen-Bell |
A Prescription for Healing a National Wound: Two Doses of Executive Direct Action Equals a Portion of Justice and a Serving of Redress for America & the Black Panther Party |
5 University of Miami Race & Social Justice Law Review 1 (Spring, 2015) |
I. Introduction. 2 II. Victims and Their Victimization. 5 III. The Societal and Global Benefits of Redress. 27 IV. Redress Solution:Two Forms of Executive Direct Action. 34 V. Legal Undergirdings And Considerations. 36 A. Executive Direct Action Correcting History. 39 B. Executive Direct Action Correcting the Historical Trauma & Injustice. 41 C.... |
2015 |
| Randee J. Waldman, JD, Sarah Y. Vinson, MD, Jordan Howard, MD |
Addressing the Mental Health Needs of Youth in the Juvenile Justice System |
17 Florida Coastal Law Review 43 (Fall, 2015) |
Mental illness causing substantial impairment in daily functioning burdens approximately 13% of youth aged eight through fifteen and 21% aged thirteen through eighteen in the U.S. population. Regrettably, the current mental health system fairs poorly in detecting the onset of psychiatric symptoms and addressing them in a timely manner. The average... |
2015 |
| LeighAnn M. Smith |
Affirmatively Further Fair Housing--and Potentially Further Fair Schooling |
24 Journal of Affordable Housing & Community Development Law 329 (2015) |
Of the nearly 3,800 census tracts in this country where more than 40 percent of the population is below the poverty line, about 3,000 (78 percent) are also predominantly minority. Racially or ethnically concentrated areas of poverty merit special attention because the costs they impose extend far beyond their residents, who suffer due to their... |
2015 |