| Author | Title | Citation | Summary | Year |
| Andrea Freeman |
The 2014 Farm Bill: Farm Subsidies and Food Oppression |
38 Seattle University Law Review 1271 (Summer, 2015) |
The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made... |
2015 |
| John L. Ropiequet |
The Cfpb's Proposed Larger Participant Rule for Non-bank Auto Lenders |
34 Banking & Financial Services Policy Report 1 (March, 2015) |
The Consumer Financial Protection Bureau (CFPB) has the power to expand its supervisory powers to new categories of nondepository entities when it determines in a rulemaking process that larger participants in a market for a particular type of financial products or services are in need of its oversight. To date, it has issued final rules that... |
2015 |
| 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 National Lawyers Guild Review 238 (Winter 2015) |
Of all the forms of inequality, injustice in health care is the most shocking and inhumane. --The Rev. Martin Luther King, Jr. In 1940, when Moses A. Robinson was only 13 years old, he wanted to go to a movie in his hometown of Franklin, Louisiana. Because of the segregation and overt racism of the time, his mother preferred that he not go alone,... |
2015 |
| Stacy E. Seicshnaydre |
The Fair Housing Choice Myth |
23 Journal of Affordable Housing & Community Development Law 149 (2015) |
The Fair Housing Choice Myth examines why racial segregation persists in residential neighborhoods despite the fact that the nation codified the policy of equal housing opportunity over four decades ago. In passing the Fair Housing Act in 1968, Congress expressed the purpose of replacing ghettoes by truly integrated and balanced living patterns.... |
2015 |
| Walter Echo-Hawk |
The Human-rights Era of Federal Indian Law |
62-APR Federal Lawyer 32 (April, 2015) |
What is the future of federal Indian law? The rise of modern Indian nations took place over the past 45 years. During the Indian self-determination era since 1970, hard-fought nation-building advances were achieved within the framework of federal Indian law. It is fitting to commemorate those formative years, especially on the 40th anniversary of... |
2015 |
| Ashley Yull |
The Impact of Race and Socioeconomic Status on Access to Accommodations in Post-secondary Education |
23 American University Journal of Gender, Social Policy and the Law 353 (2015) |
I. Introduction. 354 II. Provision of Educational Opportunities to All Students. 358 III. Educating Students with Disabilities. 360 A. Provision of Accommodations and Services in K-12 Grade: The IDEA. 361 B. Provision of Accommodations in Post-Secondary Education: Section 504 of the FRA and the ADA. 362 IV. A Closer Look at One Disability:... |
2015 |
| Michael Freiberg |
The Minty Taste of Death: State and Local Options to Regulate Menthol in Tobacco Products |
64 Catholic University Law Review 949 (Summer, 2015) |
I. The Problem of Menthol. 953 II. Federal Inaction on Menthol. 955 III. State and Local Options. 958 A. Sales Prohibition. 959 B. Sales Restrictions. 966 C. Tax Policy. 967 D. Other Price-Related Policies. 969 E. Age-of-Sale Regulations. 971 F. Disclosure Requirements. 972 G. Marketing Restrictions. 973 IV. Conclusion. 974 |
2015 |
| Christopher Ogolla |
The Public Health Implications of Religious Exemptions: a Balance Between Public Safety and Personal Choice, or Religion Gone Too Far? |
25 Health Matrix: Journal of Law-Medicine 257 (2015) |
The right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death. C1-2Contents Introduction. 258 I. History of Religious Exemptions in Public Health Activities. 265 A. Vaccinations. 265 1. Recent Religious Exemption Challenges. 268 2. Implications for... |
2015 |
| Mark R. Fondacaro , Stephen Koppel , Megan J. O'Toole , Joanne Crain |
The Rebirth of Rehabilitation in Juvenile and Criminal Justice: New Wine in New Bottles |
41 Ohio Northern University Law Review 697 (2015) |
These are indeed exciting times for those of us interested in the reform of our juvenile and adult criminal justice systems. Innovation is in the air among legal scholars, behavioral scientists, and both legal and clinical practitioners. Not many in the legal and scientific communities seem satisfied with the status quo. Fresh thinking and new... |
2015 |
| Shahabudeen K. Khan |
The Threat Lives On: How to Exclude Expectant Mothers from Prosecution for Mere Exposure of Hiv to Their Fetuses and Infants |
63 Cleveland State Law Review 429 (2015) |
I. Introduction. 429 II. Medical Advances In HIV/AIDS Treatment and Prevention. 434 III. Laws Criminalizing HIV Exposure or Transmission Are Poor Weapons in The War Against Childhood HIV. 436 A. Types of Laws that Could be Used to Punish Maternal-Fetal Exposure or Transmission of HIV. 438 B. Some HIV-Specific Criminal Transmission Statutes Pose... |
2015 |
| Fatma E. Marouf |
The Unconstitutional Use of Restraints in Removal Proceedings |
67 Baylor Law Review 214 (Winter 2015) |
I. Introduction. 215 II. Background on Detention and Deportation of Noncitizens. 218 III. The Use of Restraints in Criminal Proceedings. 223 A. Origins of Rule Against Restraining Defendants During Trial. 223 B. Modern Rationale for Prohibition Against Indiscriminate Restraints. 225 C. Application of Prohibition to Proceedings Before a Judge. 228... |
2015 |
| Nicole Huberfeld |
The Universality of Medicaid at Fifty |
15 Yale Journal of Health Policy, Law & Ethics 67 (Winter 2015) |
Fragmentation has aptly described the United States' historically decentralized, disjointed, and disintegrated approach to health care. While fragmentation has endured in multiple dimensions--political, economic, organizational, relational, regulatory, and philosophical, to name a few--the exclusionary characteristic of American health care... |
2015 |
| David D. Doak |
Theorizing Disability Discrimination in Civil Commitment |
93 Texas Law Review 1589 (May, 2015) |
The Supreme Court has described involuntary commitment as a massive curtailment of liberty. Commitment infringes a host of fundamental rights--the right to liberty, to freedom of association, . . . to freedom from unreasonable searches and seizures, to privacy, to keep and bear arms, and in some cases to vote --and confines people who have... |
2015 |
| Seema Mohapatra |
Time to Lift the Veil of Inequality in Health-care Coverage: Using Corporate Law to Defend the Affordable Care Act |
50 Wake Forest Law Review 137 (Spring 2015) |
Under the Affordable Care Act (ACA), large employers, except for religious organizations, must provide employees with health insurance coverage, including health care related to reproduction, from birth-control pills to pregnancy screening. This reproductive health-care provision goes a long way to help close the inequality gap that exists... |
2015 |
| Dayna Bowen Matthew |
Toward a Structural Theory of Implicit Racial and Ethnic Bias in Health Care |
25 Health Matrix: Journal of Law-Medicine 61 (2015) |
C1-2Contents Introduction. 61 I. Background. 64 II. The Social Science Record on Implicit Bias in Health Care. 66 III. The Shortcomings of the Symbolic Interactionism Perspective. 73 IV. Toward a New Paradigm. 81 Conclusion. 84 |
2015 |
| Andrea Freeman |
Transparency for Food Consumers: Nutrition Labeling and Food Oppression |
41 American Journal of Law & Medicine 315 (2015) |
Transparency for consumers through nutrition labeling should be the last, not the first, step in a transformative food policy that would reduce dramatic health disparities and raise the United States to the health standards of other nations with similar resources. Nonetheless, transparency in the food system is a key focal point of efforts to... |
2015 |
| Julia Guarino |
Tribal Food Sovereignty in the American Southwest |
11 Journal of Food Law & Policy 83 (Spring 2015) |
I. Introduction: American Indian Conceptions of Land, Food, and Identity. 84 II. Agricultural Practices in the American Southwest Prior to Eurpoean Contact. 87 A. Indigenous Teachings about the Origin of Peoples in the Southwest. 88 B. Archeological Evidence of the Ancient Occupants of the American Southwest. 90 C. Agricultural Practices in the... |
2015 |
| Martha E. Lang, Ph.D., Chloe E. Bird, Ph.D. |
Understanding and Addressing the Common Roots of Racial Health Disparities: the Case of Cardiovascular Disease & Hiv/aids in African Americans |
25 Health Matrix: Journal of Law-Medicine 109 (2015) |
C1-2Contents Introduction. 110 I. Health Disparities, Constrained Choice, and Intersectionality. 112 A. Morbidity & Mortality Disparities. 112 B. Constrained Choice. 115 C. Intersectionality. 118 II. Guiding Propositions of an Intersectional Constrained Choice Approach to Health Disparities. 119 A. Neighborhood Effects. 119 B. The Role of... |
2015 |
| Nelson O. Bunn, Jr., NDAA Director of Policy, Government & Legislative Affairs |
View from the Hill |
49-JUN Prosecutor 10 (April/May/June, 2015) |
Congress returned from its annual August recess with numerous issues on the docket that must be addressed before the end of the year. Several other important issues to NDAA members are also slated to come up this fall, including asset forfeiture reform, sentencing reform, juvenile justice program reauthorization, appropriations for fiscal year... |
2015 |
| Alex M. Johnson, Jr. |
What the Tea Party Movement Means for Contemporary Race Relations: a Historical and Contextual Analysis |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 201 (Fall, 2015) |
The re-election of President Barack Obama in 2012 signifies many things. First and foremost, it means that Barack Obama will continue as the Forty-Fourth President of the United States for another four years and join Presidents Bush (II), Clinton, Reagan, and Eisenhower as a two-term President in the post-World War II era. On a political level,... |
2015 |
| Christine Fry , Ian McLaughlin , Alexis Etow , Rio Holaday |
What's in Store: a Vision for Healthier Retail Environments Through Better Collaboration |
41 American Journal of Law & Medicine 331 (2015) |
Thousands of small dealers who are barely able to make a living . would be cut off from supplying their customers with milk, butter, [etc.], which they need for use on Sundays, causing them a very serious loss and great inconvenience to thousands of people . L.J. Callanan, grocer in New York City, March 16, 1903 In 1903, the New York state... |
2015 |
| Kim Shayo Buchanan |
When Is Hiv a Crime? Sexuality, Gender and Consent |
99 Minnesota Law Review 1231 (April, 2015) |
I. Rationales for HIV Criminalization: Public Health and Moral Retribution. 1239 A. The Public Health Critique. 1241 B. Low-Status Victims: IV Drug Users, Sex Workers, and Men Who Have Sex with Men. 1248 C. Moral Retribution. 1253 II. Sexual Autonomy and HIV disclosure. 1262 A. Partners' Interest in HIV Disclosure. 1263 B. Nondisclosure As Sexual... |
2015 |
| Erin M. Kerrison, Ph.D. |
White Claims to Illness and the Race-based Medicalization of Addiction for Drug-involved Former Prisoners |
31 Harvard Journal on Racial & Ethnic Justice 105 (Spring 2015) |
Critical Race Theory scholars have long argued that the War on Drugs is a war waged against low-income, black urban citizens. However, as the spotlight has shifted somewhat from policing street drug use and trafficking among poor, inner-city blacks, to concerns about the chronic pharmaceutical substance abuse of middle- and upper-class white... |
2015 |
| Lisa R. Pruitt |
Who's Afraid of White Class Migrants? On Denial, Discrediting and Disdain (And Toward a Richer Conception of Diversity) |
31 Columbia Journal of Gender and Law 196 (2015) |
This Article describes and theorizes the legal academy's denial of both class disadvantage and class migration, with particular attention to how those phenomena are manifest in relation to white faculty. The Article observes that a general disdain for poor and working-class whites evolves into the denial and distancing of class migrants, those who... |
2015 |
| Kevin M. McDonald |
Who's Policing the Financial Cop on the Beat? A Call for Judicial Review of the Consumer Financial Protection Bureau's Non-legislative Rules |
35 Review of Banking and Financial Law 224 (Fall, 2015) |
This article addresses administrative power in the context of financial services. The Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB), an independent executive agency, to oversee this space. The CFPB issues interpretations and other guidance documents of consumer financial regulations it administers. This article discusses... |
2015 |
| Richard Delgado |
Why Obama? An Interest Convergence Explanation of the Nation's First Black President |
33 Law & Inequality: A Journal of Theory and Practice 345 (Summer, 2015) |
This Essay continues a trilogy of efforts devoted to extending Derrick Bell's intellectual legacy. Earlier, I identified strands in Bell's scholarship in the period immediately preceding his death. These clues show that Bell was intrigued by law's violence and was approaching a broad synthesis explaining how and why law sometimes reinforces... |
2015 |
| Patience A. Crowder |
(Sub)urban Poverty and Regional Interest Convergence |
98 Marquette Law Review 763 (Winter, 2014) |
Poverty has expanded from America's urban cores to its inner and outer suburban rings. In the midst of spreading hardship, new opportunities for confronting questions of regional equity are emerging, such as how best to govern our regional spaces for the benefit of all regional constituents, including the poor, middle class, and affluent. To date,... |
2014 |
| Michele Gilman |
A Court for the One Percent: How the Supreme Court Contributes to Economic Inequality |
2014 Utah Law Review 389 (Summer 2014) |
This Article explores the United States Supreme Court's role in furthering economic inequality. The Occupy Wall Street movement in 2011 not only highlighted growing income and wealth inequality in the United States, but also pointed the blame at governmental policies that favor business interests and the wealthy due to their outsized influence on... |
2014 |
| Sumaya Noush |
A Storied past Demands Greater Access to Health Care Now and into the Future |
24 Annals of Health Law Advance Directive 53 (Fall, 2014) |
The future health of the United States will largely be determined by how effectively the federal government eliminates health disparities that disproportionately burden vulnerable populations, including the American Indians and Alaska Natives (AI/AN). There has been a longstanding campaign to educate many new generations to see this population's... |
2014 |
| Andrea A. Curcio, Teresa E. Ward, Nisha Dogra |
A Survey Instrument to Develop, Tailor, and Help Measure Law Student Cultural Diversity Education Learning Outcomes |
38 Nova Law Review 177 (Spring, 2014) |
Introduction. 178 I. What is Cultural Sensibility and Why is it Important?. 181 A. Cultural Sensibility and the Law School Accreditation Context. 181 B. Evolution from Cultural Competence to Cultural Sensibility. 184 C. Why Cultural Sensibility is Important for Lawyers. 190 II. Identifying Learning Outcomes Related to the Development of a... |
2014 |
| Barry Sautman |
A Us/india Model for China's Ethnic Policies: Is the Cure Worse than the Disease? |
9 East Asia Law Review 89 (2014) |
Some scholars in China argue that minority rights inscribed in law, such as ethnic regional autonomy and preferential policies, must be reformed along liberal lines: minorities should be depoliticized -- treated as cultural groups whose members have only individual, not colleve, rights. They propose a second generation of ethnic policies for... |
2014 |
| Mark T. Morrell, Alex T. Krouse |
Accountability Partners: Legislated Collaboration for Health Reform |
11 Indiana Health Law Review 225 (2014) |
I. INTRODUCTION. 226 II. PATIENT ACCOUNTABILITY. 236 A. Shifting Role of Physician-Patient Relationship. 237 B. Accountability for Rising Patient Care Costs. 239 C. Models of Cost Containment Before the Affordable Care Act. 241 D. Accountability to Patients for Cost Containment Under Affordable Care Act. 244 E. Toward Patient-Centered Medicine and... |
2014 |
| Vien Truong |
Addressing Poverty and Pollution: California's Sb 535 Greenhouse Gas Reduction Fund |
49 Harvard Civil Rights-Civil Liberties Law Review 493 (Summer 2014) |
Introduction. 493 I. California's Environmental Movement Has Inadequately Addressed the Needs of Disadvantaged Communities. 497 A. Disproportionate Impacts of Climate Change on Disadvantaged Communities. 497 B. Many Environmental Policies and Resources Bypass Low-Income Communities. 499 II. Unresolved Issues in AB 32 Led to Senate Bill 535 (de... |
2014 |
| Ada Melton, Kimberly Cobb, Adrienne Lindsey, R. Brian Colgan, David J. Melton, American Indian Development Associates, LLC, American Probation and Parole Association, Arizona State University, Center for Applied Behavioral Health Policy, Supervisory Unite |
Addressing Responsivity Issues with Criminal Justice-involved Native Americans |
78-SEP Federal Probation 24 (September, 2014) |
THE CONCEPTS OF general and specific responsivity are integral elements of the Risk, Needs, Responsivity (RNR) supervision model. Lowenkamp and colleagues (2012) describe what would be entailed to truly individualize the delivery of correctional interventions: Accounting for responsivity requires that the agency vary treatment delivery depending on... |
2014 |
| Susan R. Jones |
Alleviating Poverty--what Lawyers Can Do Now |
40-AUG Human Rights 11 (August, 2014) |
Fifty years after the Johnson administration's war on poverty, much has changed, but many of the social problems that war hoped to address continue to plague too many Americans. Fifty years ago, the discourse around poverty generally centered on civil rights and specific human needs--livable wages; good jobs; decent, safe, and affordable housing;... |
2014 |
| Linda C. Fentiman |
Are Mothers Hazardous to Their Children's Health?: Law, Culture, and the Framing of Risk |
21 Virginia Journal of Social Policy and the Law 295 (Spring 2014) |
This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children's health. The Article's core argument is that during the... |
2014 |
| Sara L. Ainsworth |
Bearing Children, Bearing Risks: Feminist Leadership for Progressive Regulation of Compensated Surrogacy in the United States |
89 Washington Law Review 1077 (December, 2014) |
Abstract: Compensated surrogacy--an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money--intimately affects women. Yet, feminist law reformers have not led efforts to regulate this practice in the United States. Their absence is notable given the significant influence of feminist lawmaking in a... |
2014 |
| Hon. Peter J. Herne |
Best Interests of an Indian Child |
86-APR New York State Bar Journal 22 (March/April, 2014) |
Family law treatises summarize New York's Best Interest of a Child standard as follows: 1. Maintaining stability for the child(ren) 2. Child(ren's) wishes 3. Home environment with each parent 4. Each parent's past performance and relative fitness 5. Each parents ability to guide and provide for child(ren's) overall well-being 6. Each parent's... |
2014 |
| Abigail R. Moncrieff , Manisha Padi |
Beyond Payment and Delivery Reform: the Individual Mandate's Cost-control Potential |
40 American Journal of Law & Medicine 185 (2014) |
In a symposium focused on healthcare cost control, most of our authors have unsurprisingly highlighted and assessed Obamacare's payment and delivery reforms--the supply-side efforts to decrease costs of medical treatment. But there is another party in healthcare decision-making who is equally or even more important: the patient. The question we... |
2014 |
| William M. Wiecek , Judy L. Hamilton |
Beyond the Civil Rights Act of 1964: Confronting Structural Racism in the Workplace |
74 Louisiana Law Review 1095 (Summer, 2014) |
Since 1967, sociologists have produced a compelling body of literature on structural racism that explains why severe racial disparities persist throughout American society in all social domains: employment, education, residential patterns, wealth accumulation, and so on. Structural racism perpetuates the effects of past, overt discrimination... |
2014 |
| Karen Zivi |
Chapter 9 the Practice and the Promise of Making Rights Claims: Lessons from the South African Treatment Access Campaign |
29 IUS Gentium 173 (2014) |
What does the new South Africa tell us about the state of African legal theory in the twenty-first century? Is this post-apartheid nation a political miracle? Is it evidence of the triumph of the human spirit and a revolution in law and practice? Is it a model to be followed by other African nations? For those who focus on the fact that South... |
2014 |
| Roberto Hernandez, Kimberly Rios |
Chicago Prize Hoops: Guiding At-risk Youth to Build Stronger Communities |
7 DePaul Journal for Social Justice 271 (Spring 2014) |
Imagine growing up in a neighborhood where an invite to any local event forced you consider which route to take in order to avoid gang territories and any potential violent conflict. Imagine not being able to go to your neighborhood's local park because gang members regularly hang out there and your parents fear they might harm you or befriend you.... |
2014 |
| Caroline Alpert |
Common Denominators: a Proposal to Counter International School Segregation |
46 George Washington International Law Review 877 (2014) |
I don't agree with segregation. My child should receive the same level of education as all the other children. I don't agree with any compromise. Reading this quotation, one can see that a parent made this statement. However, one may wonder where this parent lives. In what country does the parent reside? To what racial or socioeconomic group does... |
2014 |
| Gregory S. Parks , Rashawn Ray , Shawna M. Patterson |
Complex Civil Rights Organizations: Alpha Kappa Alpha Sorority, an Exemplar |
6 Alabama Civil Rights & Civil Liberties Law Review 125 (2014) |
The narrative about African American organizations and their role in Blacks' quest for social equality and civil rights in the United States is often a conventional one. Traditional civil rights organizations take center stage, with the efforts that they made and make, as well as the model that they employed and continue to employ, being the... |
2014 |
| E. Lea Johnston |
Conditions of Confinement at Sentencing: the Case of Seriously Disordered Offenders |
63 Catholic University Law Review 625 (Spring, 2014) |
I. Identification and Treatment of Serious Mental Illnesses in Prison. 630 A. Mental Health Screening. 631 B. Shortcomings in Initial Screening Procedures. 633 C. Treatment, Housing, and Vulnerability. 636 II. Legitimacy of Recognizing Vulnerability at Sentencing. 643 A. Retributive Rationales. 643 B. Rehabilitative Rationales. 647 C. Collateral... |
2014 |
| Melissa Mortazavi |
Consuming Identities: Law, School Lunches, and What it Means to Be American |
24 Cornell Journal of Law & Public Policy 1 (Fall 2014) |
Food, eating, and the rituals surrounding food impact people as individuals, as groups, and as citizens. Through direct regulation, food aid, subsidies, and property rights, law shapes and even determines food choices in America. With it, law shapes, reflects, and may even--at times--dictate American identities. Perhaps nowhere is the law's impact... |
2014 |
| Alicia Ouellette |
Context Matters: Disability, the End of Life, and Why the Conversation Is Still So Difficult |
58 New York Law School Law Review 371 (2013/2014) |
In the weeks prior to the symposium on which this volume of the New York Law School Law Review is based, the disability-rights group Not Dead Yet declared on its blog that the symposium was a farce that showed just how little respect and regard [the symposium organizers] have for people with disabilities. The post took special issue with the... |
2014 |
| Darren Lenard Hutchinson |
Continually Reminded of Their Inferior Position: Social Dominance, Implicit Bias, Criminality, and Race |
46 Washington University Journal of Law & Policy 23 (2014) |
The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... |
2014 |
| Devon W. Carbado , Daria Roithmayr |
Critical Race Theory Meets Social Science |
10 Annual Review of Law and Social Science 149 (2014) |
critical race theory, social science, critical social science, implicit bias Social science research offers critical race theory (CRT) scholars a useful methodology to advance core CRT claims. Among other things, social science can provide CRT with data and theoretical frameworks to support key empirical claims. Social psychology and sociology in... |
2014 |
| Nancy J. Knauer |
Critical Tax Policy: a Pathway to Reform? |
9 Northwestern Journal of Law & Social Policy 206 (2014) |
C1-2Table of Contents Introduction. 207 I. The Costs of False Neutrality. 214 A. All Part of a Larger Blueprint. 215 B. Hidden Choices and Embedded Values. 218 Taxpayer neutrality. 219 Equity and efficiency. 221 C. Critical Tax Theory and Scholarship. 223 II. Choosing a Critical Lens. 230 A. Identifying the Axes of Difference. 231 B. Explicit and... |
2014 |