| Author | Title | Citation | Summary | Year |
| Lisa J. Laplante |
Just Repair |
48 Cornell International Law Journal 513 (Fall 2015) |
Just Repair offers, for the first time, a comprehensive account of the author's original theory of reparations for redressing atrocities. Responding to a gap in the literature concerning theoretical models for reparations, this novel theory aids governments in satisfying their international obligation to guarantee just repair for victims who have... |
2015 |
| Forrest Stuart , Amada Armenta , Melissa Osborne |
Legal Control of Marginal Groups |
11 Annual Review of Law and Social Science 235 (2015) |
law, control, marginal groups, punitive turn, consequences, inequality The legal control of marginal groups is a central topic in social scientific and legal scholarship. Examining the most influential research produced over the past two decades, as well as a broad collection of foundational and exemplary texts, this review addresses two... |
2015 |
| Emily Ryo |
Less Enforcement, More Compliance: Rethinking Unauthorized Migration |
62 UCLA Law Review 622 (March, 2015) |
A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law -- any law -- in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this... |
2015 |
| Katherine Pratt |
Lessons from the Demise of the Sugary Drink Portion Cap Rule |
5 Wake Forest Journal of Law and Policy 39 (April, 2015) |
As the prevalence of obesity has increased in the United States, public health advocates have proposed various government interventions to reduce obesity-related illness, disability, and deaths. Nowhere has the anti-obesity public health campaign been more proactive than at the local level in New York City, especially during the administration of... |
2015 |
| Dorothy E. Roberts |
Loving V. Virginia as a Civil Rights Decision |
59 New York Law School Law Review 175 (2014/2015) |
Loving v. Virginia, the unanimous U.S. Supreme Court decision that invalidated state laws restricting interracial marriage, marked the tail end of the civil rights cases of the 1950s and '60s. Loving was not issued until 1967, more than a decade after the Court's decision in Brown v. Board of Education, holding racial segregation of public schools... |
2015 |
| Robert Onders, M.D. |
Medicaid: Can Federal Responsibilities, State Authorities, and Tribal Sovereignty Be Reconciled? |
15 Wyoming Law Review 165 (2015) |
I. Introduction. 165 II. Background. 167 A. The Medicaid Program. 167 B. Medicaid and the Patient Protection and Affordable Care Act. 169 C. Health Care for American Indians and Alaskan Natives. 171 1. Federal Responsibility to American Indians and Alaska Natives. 171 2. Medicaid Eligibility and Expansion. 173 3. Health and Medicaid. 175 4.... |
2015 |
| Jenna R. Feldman |
Medical Malpractice Liability and Accountability: Potential Legal Ramifications and Solutions for Florida Accountable Care Organizations |
69 University of Miami Law Review 1073 (Summer 2015) |
I. Introduction. 1073 II. The Accountable Care Movement. 1076 A. Background on ACOs. 1076 B. The Accountable Care Movement in Florida. 1080 C. The Relevancy of Making Predictions. 1081 III. Medical Malpractice Liability and the ACA: A General Overview. 1082 IV. Why ACOs Are Predicted to Experience Increased Medical Malpractice Liability. 1085 A.... |
2015 |
| Myron Orfield |
Milliken, Meredith, and Metropolitan Segregation |
62 UCLA Law Review 364 (February, 2015) |
Over the last sixty years, the courts, Congress, and the President -- but mostly the courts -- first increased integration in schools and neighborhoods, and then changed course, allowing schools to resegregate. The impact of these decisions is illustrated by the comparative legal histories of Detroit and Louisville, two cities which demonstrate the... |
2015 |
| Peter Erlinder |
Minnesota V. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty |
33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) |
C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... |
2015 |
| Katharine Van Tassel |
Modernizing the Emergency Medical Treatment & Labor Act to Harmonize with the Affordable Care Act to Improve Equality, Quality and Cost of Emergency Care |
15 Houston Journal of Health Law & Policy 131 (2015) |
I. Introduction II. The Negative Impact of Customary Care on Healthcare Equality, Quality and Cost A. Overview of Customary versus Evidence-Based Treatment Choices B. Cognitive Frameworks That Drive Customary Treatment Choices C. Equality, Quality and Cost Problems with Customary Treatment Choices 1. Underuse 2. Overuse 3. Misuse III. The... |
2015 |
| Abbye Atkinson |
Modifying Mortgage Discrimination in Consumer Bankruptcy |
57 Arizona Law Review 1041 (2015) |
The subprime mortgage crisis that helped bring on the Great Recession resulted in the decimation of housing-related wealth among economically disenfranchised groups and communities. These losses were, in significant part, the direct result of the rampant racialized and geographic mortgage discrimination that took place in these communities in the... |
2015 |
| John V. Jacobi |
Multiple Medicaid Missions: Targeting, Universalism, or Both? |
15 Yale Journal of Health Policy, Law & Ethics 89 (Winter 2015) |
Medicaid began as a poverty program for the poorest of the worthy poor. In the next five decades, it extended its reach to cover a broad population for some of its services, including, for example, about half of all childbirths in the United States, and almost half of all long-term care services. The Affordable Care Act (ACA) pushed Medicaid's... |
2015 |
| Starla Kay Roels, Esq. , Liz Malerba , Hobbs, Straus, Dean & Walker, LLP, Portland, OR, United South and Eastern Tribes, Inc., Washington, DC |
New Opportunities for Innovative Healthcare Partnerships with Indian Tribes and Tribal Organizations |
28 Health Lawyer 25 (October, 2015) |
There has long been a crisis in inadequate funding and availability of healthcare services affecting Native Americans within the federal Indian Healthcare system. The Indian Health Service and the Indian tribes and tribal organizations (T/TOs) who are providing services under the Indian Self-Determination and Education Assistance Act continue to... |
2015 |
| Andrew W. Schwartz |
No Competing Theory of Constitutional Interpretation Justifies Regulatory Takings Ideology |
34 Stanford Environmental Law Journal 247 (September, 2015) |
Compensation for excessive regulation of the use of property under the Just Compensation Clause of the Fifth Amendment has gained wide acceptance. Introduced in 1922 in Pennsylvania Coal Co. v. Mahon , and gathering considerable momentum in 1978 with Penn Central Transportation Co. v. City of New York , regulatory takings constrains government... |
2015 |
| Hosea H. Harvey |
Nudging the Public's Health: the Political Psychology of Public Health Law Intervention |
65 DePaul Law Review 57 (Fall 2015) |
Introduction. 58 II. Toward a Political-Psychological Approach. 63 III. Survey Data, Methodology, and Choice of Law Domain. 67 IV. Smoking Interventions. 70 A. Theories of Smoking Interventions. 70 B. Smoking Intervention Trends. 72 C. Smoking Interventions--Survey Questions and Results. 74 D. Conclusion--Smoking Interventions and Public Opinion.... |
2015 |
| Katherine T. Vukadin |
Obamacare Interrupted: Obstructive Federalism and the Consumer Information Blockade |
63 Buffalo Law Review 421 (May, 2015) |
I deem [one of] the essential principles of our Government . . . the diffusion of information. The Affordable Care Act (ACA) aims to deliver cost-effective health insurance to Americans while decreasing the cost of care and improving outcomes. These aspirations mean little, however, unless accurate information about the ACA reaches its key... |
2015 |
| Eesha Pandit |
On the Same Bodies: Exploring the Shared Historical Legacy of Violence Against Women and Reproductive Injustice |
5 University of Miami Race & Social Justice Law Review 549 (Summer, 2015) |
Your legal right to an abortion; the freedom to raise the family you want and parent the children you want; being safe inside your home; being safe outside of it--each of these struggles is about autonomy, self-determination and individual and community health. These issues are connected, but often the movements that focus on them are not. In this... |
2015 |
| Ryann M. Aaron |
Outing Anti-gay Teaching in Schools: How the Constitutional Successes of Conversion Therapy Bans Provide Viable Arguments to Defend Bans on Heteronormative Education |
16 Rutgers Journal of Law & Religion 580 (Summer, 2015) |
As society has become more accepting of homosexuality, the United States has experienced increasing attempts to protect lesbian, gay, bisexual, and transgender (LGBT) youth from prevailing homophobic/hetero-normative attitudes. Recognizing the importance of quality education and the fragility of the early developing human mind, states may have a... |
2015 |
| Amanda Pustilnik |
Panel 2: "Excess" Pain, Hyperalgesia, and the Variability of Subjective Experience |
18 Journal of Health Care Law and Policy 237 (2015) |
The second panel of the conference, focusing on excess pain, addressed issues relating to scientific findings of the individual variability of pain experience and pain perception, which is in contrast to the legal presumption that there is a specific amount of pain that ought to be typical for particular conditions. The panel represented a great... |
2015 |
| Amanda Pustilnik |
Panel 3: Chronic Pain, "Psychogenic" Pain, and Emotion |
18 Journal of Health Care Law and Policy 275 (2015) |
Emotion and chronic pain are inextricably linked, but not always in the ways represented in law and culture. Whether chronic pain is physical or emotional can have important legal consequences. In disability and tort law, it remains common for claimants who allege chronic pain to be characterized as suffering from psychogenic pain--a variety... |
2015 |
| Amanda Pustilnik |
Panel 4: Translational Expectations and Issues: Making it Work in Practice |
18 Journal of Health Care Law and Policy 295 (2015) |
The final panel of the conference focused on translational expectations and issues, and turned to questions relating to whether and how the neuroimaging of pain may be useful in legal settings. The panel represented a range of expertise, including a neuroscientist who works on translational issues in law and science, a former federal judge, and a... |
2015 |
| Sarah E. Light, Eric W. Orts |
Parallels in Public and Private Environmental Governance |
5 Michigan Journal of Environmental & Administrative Law 1 (Fall, 2015) |
Private actors, including business firms and non-governmental organizations, play an essential role in addressing today's most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. Instrument... |
2015 |
| Thomas S. Terranova |
Patient Recourse in International Healthcare: Arbitration and Insurance for Self-referred Patients |
27 Loyola Consumer Law Review 423 (2015) |
Modern patients travel extensively for healthcare, across town, across the country, around the world, facilitated by free flowing information and the ability to travel anywhere on the globe. They do so for any number of reasons, and the treatment models under which they receive care are almost infinitely numerous because international healthcare is... |
2015 |
| Christopher Uggen, Robert Stewart |
Piling On: Collateral Consequences and Community Supervision |
99 Minnesota Law Review 1871 (May, 2015) |
As levels of criminal punishment have risen in the United States, more and more citizens now face the collateral consequences of arrest and conviction. Such consequences are wide-ranging, placing limits on everything from occupational licensure to eligibility for public assistance to voting rights. This article brings a specific focus to how these... |
2015 |
| Stephen Wizner |
Poverty Law, Policy, and Practice Juliet M. Brodie, Clare Pastore, Ezra Rosser & Jeffrey Selbin. Aspen/wolters Kluwer, 2014 |
22 Georgetown Journal on Poverty Law and Policy 441 (Winter, 2015) |
What should law students learn about poverty and its relationship to law? What is the doctrinal or theoretical subject matter that justifies a separate course in law and poverty? Are there laws and legal issues that specifically or uniquely relate to people living in poverty? Does law play a role in creating and maintaining poverty? Can law reduce... |
2015 |
| Govind Persad |
Priority Setting, Cost-effectiveness, and the Affordable Care Act |
41 American Journal of Law & Medicine 119 (2015) |
The Affordable Care Act (ACA) may be the most important health law statute in American history, yet much of the most prominent legal scholarship examining it has focused on the merits of the court challenges it has faced rather than delving into the details of its priority-setting provisions. In addition to providing an overview of the ACA's... |
2015 |
| Jasmine E. Harris |
Processing Disability |
64 American University Law Review 457 (February, 2015) |
This Article argues that the practice of holding so many adjudicative proceedings related to disability in private settings (e.g., guardianship, special education due process, civil commitment, and social security) relative to our strong normative presumption of public access to adjudication may cultivate and perpetuate stigma in contravention of... |
2015 |
| Philip C. Aka, Aref A. Hervani, Elizabeth Arnott-Hill |
Protection Against the Economic Fears of Old Age: Six Micro and Macro Steps for Bridging the Gap in Retirement Security Between Blacks and Whites |
40 Vermont Law Review 1 (Fall, 2015) |
Introduction and Purpose of Study. 2 I. Depicting the Shape of the Retirement Security Gap Between Blacks and Whites. 7 II. Historical Backdrop: Protection Against the Economic Fears of Old Age. 15 III. A Parade of Six Micro and Macro Steps for Closing the Gap in Retirement Security Between Blacks and Whites. 23 A. Micro Steps. 26 1. Social... |
2015 |
| Scott Burris |
Public Health Law Monitoring and Evaluation in a Big Data Future |
11 I/S: A Journal of Law and Policy for the Information Society 115 (Spring, 2015) |
Law is important to public health. It provides government health agencies with their jurisdiction and regulatory authority. Laws and regulations are routinely used in the name of health to regulate behavior and foster safer environments. More fundamentally, law's influence in shaping everyday life and the socioeconomic and physical environments in... |
2015 |
| Natsu Taylor Saito |
Race and Decolonization: Whiteness as Property in the American Settler Colonial Project |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... |
2015 |
| Rene Bowser |
Race and Rationing |
25 Health Matrix: Journal of Law-Medicine 87 (2015) |
C1-2Contents Introduction. 87 I. Health Care Scarcity and Rationing. 91 II. Scarcity, Queues, and Health Disparities. 95 III. Rationing By Price and Ability to Pay. 98 IV. Race, Rationing, and the Affordable Care Act. 101 Conclusion. 106 |
2015 |
| Graham Cronogue |
Race and the Fourth Amendment: Why the Reasonable Person Analysis Should Include Race as a Factor |
20 Texas Journal on Civil Liberties & Civil Rights 55 (Fall-Spring, 2014-2015) |
I. Introduction to the Problem. 56 II. State of the Law on the Reasonable Person and Seizures. 59 III. Police and Race Relations. 61 A. Race Affects How Individuals Are Viewed and Treated by Law Enforcement. 62 B. Race Affects How Individuals View Law Enforcement. 64 IV. Social Science Data on How This Legacy Affects Seizures. 66 A. Analysis of the... |
2015 |
| Osagie K. Obasogie , Julie N. Harris-Wai , Katherine Darling , Carolyn Keagy , Michael Levesque |
Race in the Life Sciences: an Empirical Assessment, 1950--2000 |
83 Fordham Law Review 3089 (May, 2015) |
The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most... |
2015 |
| Khiara M. Bridges |
Race Matters: Why Justice Scalia and Justice Thomas (And the Rest of the Bench) Believe That Affirmative Action Is Constitutional |
24 Southern California Interdisciplinary Law Journal 607 (Summer 2015) |
RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL. 607 I. INTRODUCTION. 609 II. THE (IMAGINED) DANGERS OF USING RACE IN LAW. 615 A. The Injury of Racial Classifications: The Denial of Individuality. 617 B. Race: Individuating or Deindividuating?. 619 1. The Case for the... |
2015 |
| Rachel D. Godsil , James S. Freeman |
Race, Ethnicity, and Place Identity: Implicit Bias and Competing Belief Systems |
37 University of Hawaii Law Review 313 (Spring, 2015) |
The concept of wahi pana merges the importance of place with that of the spiritual .. [T]his value links [Hawaiians to our past and our] future. Edward L. H. Kanahele You are where you came from. There are no disembodied selves. There are only humans embedded in practices, places, and cultures. Adrian McKinty We are constituted in significant part... |
2015 |
| Palma Joy Strand |
Racism 4.0, Civity, and Re-constitution |
42 Hastings Constitutional Law Quarterly 763 (Summer 2015) |
The moral arc of the universe is long, but it bends toward justice. ~The Rev. Dr. Martin Luther King, Jr. I begin this essay with a personal introduction. All of us understand the world through our own stories. And the stories that we send out into the world are most useful in contributing to our collective story if we honestly acknowledge that... |
2015 |
| Raymond Cross |
Reconsidering the Original Founding of Indian and Non-indian America: Why a Second American Founding Based on Principles of Deep Diversity Is Needed |
36 Public Land & Resources Law Review 173 (2015) |
Introduction. 176 A. The Twin Founding of Indian and Non-Indian America. 176 B. Why Chief Justice John Marshall Excluded Indian Peoples from the Future Civic Life of the American Republic. 178 C. Can Real and Artificial Political Communities Speak To One Another?. 179 D. How the Indian Peoples May Re-Negotiate Their Compact with the Non-Indian... |
2015 |
| Daniel T. Satterberg, Violetta A. Stringer, Carla C. Lee |
Re-engaging Youth with the Protective Power of Education |
13 Seattle Journal for Social Justice 857 (Spring, 2015) |
Is there a more disheartening term in our modern lexicon than the School-to-Prison-Pipeline? The notion that school policies accelerate a young person's path into criminality is one that we should all pay attention to. Ideally, school is the place where young people prepare for adult success, where dedicated educators teach the skills and... |
2015 |
| Edward A. Purcell, Jr. |
Reflections on the Fiftieth Anniversary of the March and the Speech: History, Memory, Values |
59 New York Law School Law Review 17 (2014/2015) |
In early 1941, A. Philip Randolph, the head of the Brotherhood of Sleeping Car Porters, announced his plan to dramatize the economic grievances of American blacks by sponsoring a march on Washington. He initially hoped to attract some 10,000 supporters, but growing enthusiasm in the black community led him to believe that many times that number... |
2015 |
| W. David Koeninger |
Removing Access to Health Care from Employer and State Control: the Aca as Anti-subordination Legislation |
44 University of Baltimore Law Review 201 (Spring, 2015) |
In trying to explain why the United States, unlike every other western industrial democracy, lacks a national health care system, reformers usually tell a story about labor unions and large corporations each taking advantage of favorable post-World War II conditions to forge an alliance in their mutual interest, creating our system of... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in Canada |
32 Arizona Journal of International and Comparative Law 143 (Symposium, 2015) |
C1-2Table of Contents Summary. 143 I. Introduction. 144 II. Background and context. 144 III. Legal, institutional and policy framework. 146 IV. Principal human rights concerns. 147 A. Social and economic conditions. 148 1. Education. 149 2. Housing. 150 3. Health and well-being. 152 B. Administration of justice. 153 1. Overrepresentation in the... |
2015 |
| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the United States of America |
32 Arizona Journal of International and Comparative Law 51 (Symposium, 2015) |
C1-2Table of Contents Summary. 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The... |
2015 |
| Reginald Leamon Robinson |
Seen but Not Recognized: Black Caregivers, Childhood Cruelties, and Social Dislocations in an Increasingly Colored America |
117 West Virginia Law Review 1273 (Spring, 2015) |
I. Introduction. 1274 II. A Child's Basic Need for Recognition: Does Childhood Cruelty Correlate with or Cause Social Dislocations (or Self-Perpetuating Pathologies)?. 1284 A. Miller, Perry, and van der Kolk: A Conceptual Framework. 1284 B. Our Nation's Most Preventable Cruelty. 1290 C. The Brain's Response to Present, Immediate Threat of Childhood... |
2015 |
| Ruqaiijah Yearby |
Sick and Tired of Being Sick and Tired: Putting an End to Separate and Unequal Health Care in the United States 50 Years after the Civil Rights Act of 1964 |
25 Health Matrix: Journal of Law-Medicine 1 (2015) |
For three hundred years, we've given them time. And I've been tired so long, now I am sick and tired of being sick and tired, and we want a change. We want a change in this society in America because, you see, we can no longer ignore the facts. Fannie Lou Hamer C1-2Contents Introduction. 2 I. Separate and Unequal: Government Sponsored and Supported... |
2015 |
| Gretchen Arnold , Megan Slusser |
Silencing Women's Voices: Nuisance Property Laws and Battered Women |
40 Law and Social Inquiry 908 (Fall, 2015) |
There is little documentation about how nuisance property laws, which fine people for excessive 911 calk, affect victims of domestic violence. In St. Louis, we found that police and prosecutors believe that the law benefits victims of domestic violence by providing them with additional services. By contrast, advocates for domestic violence victims... |
2015 |
| Janel A. George |
Stereotype and School Pushout: Race, Gender, and Discipline Disparities |
68 Arkansas Law Review 101 (2015) |
As in a family that can never discuss its fundamental secrets, our deeply held and often unconscious beliefs, stereotypes, and biases are too rarely brought to the surface, examined, and finally expunged. Yet as much as we seek to lock them from view, race and racism continue to color our interactions, including our disciplinary actions, on a... |
2015 |
| Sam Erman, Gregory M. Walton |
Stereotype Threat and Antidiscrimination Law: Affirmative Steps to Promote Meritocracy and Racial Equality in Education |
88 Southern California Law Review 307 (January, 2015) |
A new generation of social science research creates new opportunities to increase fairness and reduce racial inequality in education. This research raises important questions for antidiscrimination law. Over the past twenty years, research conducted around the world has established that for students subject to pervasive negative intellectual... |
2015 |
| Orville Vernon Burton |
Tempering Society's Looking Glass: Correcting Misconceptions about the Voting Rights Act of 1965 and Securing American Democracy |
76 Louisiana Law Review 1 (Fall, 2015) |
Introduction. 2 I. Historical Necessity of the Voting Rights Act of 1965: Disfranchisement and Feigned Ignorance in the South. 6 A. The Early Struggle for African-American Political Power. 6 B. The Rising Tide of African-American Voter Participation During Reconstruction. 8 C. The Post-Reconstruction Dismantling of African-American Voting Rights.... |
2015 |
| David Barton Smith |
The "Golden Rules" for Eliminating Disparities: Title Vi, Medicare, and the Implementation of the Affordable Care Act |
25 Health Matrix: Journal of Law-Medicine 33 (2015) |
Addressing health care disparities rarely focuses on how the gold (meaning the federal dollars flowing into the nation's health system) has, at different times, both widened and narrowed health care disparities. This paper describes (1) the early attempts to use the power of the federal purse to address disparities that led to the enactment of... |
2015 |
| Mathew Swinburne |
The 2014 Farm Bill and Snap: Improving the Diets of Low-income Americans? |
15 University of Maryland Law Journal of Race, Religion, Gender and Class 329 (Fall 2015) |
Diet-related illnesses present a public health challenge often disproportionately borne by people of color, and results in significant human and economic costs. Evidence that approximately 35 percent of American adults and 17 percent of its youth are obese serves as a starting point for consideration of these health issues. This obesity epidemic... |
2015 |