| Author | Title | Citation | Summary | Year |
| Tapio Lappi-Seppälä, Martti Lehti |
Cross-comparative Perspectives on Global Homicide Trends |
43 Crime and Justice 135 (2014) |
Data are available on homicide trends and patterns for 235 countries from six continents from 1950 to 2010. Recent rates range from fewer than 0.5 victim per 100,000 population to 80 and regionally from around one in Scandinavia to around 30 in Central America. Countries that share cultural, political, and social traditions usually have similar... |
2014 |
| Marissa Jackson |
Crossing the Bridge: African-americans and the Necessity of a 21st Century Human Rights Movement |
5 Human Rights & Globalization Law Review 56 (Fall, 2013-Spring, 2014) |
We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you're fighting on the level of civil rights, you're under Uncle Sam's jurisdiction. You're going to his court expecting him to correct the problem. He created the problem. He's the criminal.... |
2014 |
| Jasmine E. Harris |
Cultural Collisions and the Limits of the Affordable Care Act |
22 American University Journal of Gender, Social Policy and the Law 387 (2014) |
Introduction. 388 I. Contextualizing the Affordable Care Act and Meaningful Access to Mental Health Care. 396 A. Framing Meaningful Access to Mental Health Care. 396 B. Mental Health, Illness, and the Medical Model of Mental and Psychosocial Disabilities in the United States. 403 C. The Social Context for Mental Health Care Reform. 409 II. The... |
2014 |
| Ann Cammett |
Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law |
34 Boston College Journal of Law & Social Justice 233 (Spring, 2014) |
Abstract: Since the 1960s, racialized metaphors describing dysfunctional parents have been deployed by conservative policymakers to shape the way that the public views anti-poverty programs. The merging of race and welfare has eroded support for a robust social safety net, despite growing poverty and economic inequality throughout the land. This... |
2014 |
| Haider A. Khan |
Development and Women's Rights as Human Rights: a Political and Social Economy Approach Within a Deep Democratic Framework |
42 Denver Journal of International Law and Policy 451 (Summer 2014) |
In Vienna in 1993, the World Conference on Human Rights recognized that women's rights are human rights. However, even today, the foundations of this claim are not always made clear and it is seen as merely political. This, however, is a simplistic position far from the truth. Sen has pointed out that the capabilities approach provides at least a... |
2014 |
| Christina S. Carbone , Victoria C. Plaut |
Diversity and the Civil Jury |
55 William and Mary Law Review 837 (March, 2014) |
Introduction. 838 I. Conceptions of Diversity in the Civil Jury Context. 839 II. Jury Service As a Form of Political, Democratic Participation. 843 III. Juries Increase Public Confidence and Lend Legitimacy to Verdicts. 850 A. Procedural Fairness and Perceived Legitimacy. 850 B. Representing a Community's Moral Sense. 856 C. Increasing Perceptions... |
2014 |
| Griffin Edwards , University of Alabama, Birmingham |
Doing Their Duty: an Empirical Analysis of the Unintended Effect of Tarasoff V. Regents on Homicidal Activity |
57 Journal of Law & Economics 321 (May, 2014) |
The seminal ruling of Tarasoff v. Board of Regents of the Universities of California enacted a duty that required mental health providers to warn potential victims of any real threat to life made by a patient. Many have theorized that this required breach of confidentiality may have adverse effects on effective psychological treatment--but the... |
2014 |
| Emily A. Benfer |
Educating the next Generation of Health Leaders: Medical-legal Partnership and Interprofessional Graduate Education |
35 Journal of Legal Medicine 113 (January-March, 2014) |
With the passage of the Patient Protection and Affordable Care Act (PPACA), the fields of health and law are moving from a single perspective approach to a cooperative, holistic, and integrated approach to public health. Interprofessional, team-based care is central to advancing healthcare and improving individual and public health.... |
2014 |
| Llewelyn M. Engel |
Emergency Planning and Community Right-to-know: Environmental Justice Concerns with Disclosure-based Laws |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 117 (Spring, 2014) |
Disclosure is often at the heart of environmental legislation. Requiring companies to provide citizens and communities with information can be a powerful tool to enact change. At the same time, disclosure laws can have implications for environmental justice, because some communities are better situated to use and act on information than others.... |
2014 |
| Becky Fish |
Establishing Legitimacy Through Inclusive Re-formation: the Necessary Process for Re-forming the Seattle Police Department |
13 Seattle Journal for Social Justice 189 (Summer, 2014) |
People across Seattle expressed outrage a young White Seattle Police Officer, Ian Birk, shot and killed an elderly Native American woodcarver, John T. Williams, on August 30, 2010. Mr. Williams was partially deaf and had been standing alone on a street corner holding a piece of wood and a small carving knife. Almost six months later, King County... |
2014 |
| NAELA's Member Value Committee |
Evaluating and Enhancing Naela's Member Value Proposition Through Blue Ocean Analysis: Preparing the Academy for a Rapidly Changing Future |
10 NAELA Journal 77 (Spring, 2014) |
I. Introduction. 78 II. Blue Ocean Methodology. 80 A. Environmental Scan. 81 B. Buyer Experience Cycle. 81 C. Pioneers, Migrators, Settlers Map. 81 D. Value Curve. 82 III. Alternative Future Analysis. 83 IV. Key Findings. 84 A. Membership. 84 B. Positioning/Branding. 88 C. Building Community. 88 D. Market Space. 88 E. Older Americans (65 and... |
2014 |
| Gregory M. Herek |
Evaluating the Methodology of Social Science Research on Sexual Orientation and Parenting: a Tale of Three Studies |
48 U.C. Davis Law Review 583 (December, 2014) |
This Article evaluates the validity and generalizability of findings from three studies that have been cited as evidence that children are negatively affected by having parents who are members of a same-sex couple, or are lesbian, gay, or bisexual. I begin by summarizing key findings from empirical research on sexual minority parenting and... |
2014 |
| Lawrence F. Dempsey |
Feeding the Racial Disparity in Disease: How Federal Agricultural Subsidies Contribute to a Racial Disparity in the Prevalence of Diet Related Illness |
7 Biotechnology & Pharmaceutical Law Review 109 (2014) |
A deadly epidemic is sweeping the United States. This new epidemic accounts for more deaths per year in the United States than car accidents, gun violence, natural disasters, suicide and a host of common illnesses. However, the deaths associated with this new epidemic are attributable to a fundamental feature of American life: food. New research... |
2014 |
| Seema Mohapatra |
Fertility Preservation for Medical Reasons and Reproductive Justice |
30 Harvard Journal on Racial & Ethnic Justice 193 (Spring 2014) |
This Article addresses the issues related to fertility preservation in the emerging area of fertility preservation for medical reasons using a reproductive justice framework. Fertility preservation for medical reasons refers to the process of preserving the fertility of women (and men) who need to undergo treatments that may cause reduced fertility... |
2014 |
| Michele Goodwin |
Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront |
102 California Law Review 781 (August, 2014) |
Increasingly, state statutes are the primary means through which legal norms affecting low-income pregnant women's autonomy, privacy, and liberty are introduced and shaped. Arrests, forced bed rests, compelled cesarean sections, and civil incarcerations of pregnant women in Alabama, Florida, Indiana, Iowa, Mississippi, New Mexico, South Carolina,... |
2014 |
| Louise Melling , Sarah Lipton-Lubet |
Follow the Money: Ending Discrimination Against Women in Hospitals |
15 Georgetown Journal of Gender and the Law 473 (2014) |
Federal law has long been a force for change in this country. It has promoted equality on the basis of race, sex, age, disability, and, most recently, sexual orientation and gender identity. Often, it is the hook of federal dollars that gets the job done. From Title VI of the Civil Rights Act of 1964 to Title IX of the Education Amendments Act of... |
2014 |
| Danielle M. Purifoy |
Food Policy Councils: Integrating Food Justice and Environmental Justice |
24 Duke Environmental Law and Policy Forum 375 (Spring, 2014) |
Beginning in 1982, food policy councils (FPCs) proliferated across North America as forums for democratic discourse and advocacy to develop sustainable food systems at the local, state, and regional levels. Challenging the industrialization of food production and distribution by corporate agribusiness, FPCs reflect the desire in many communities to... |
2014 |
| Kenneth W. Mack |
Foreword: a Short Biography of the Civil Rights Act of 1964 |
67 SMU Law Review 229 (Spring 2014) |
IN the popular, and sometimes scholarly, imagination, the Civil Rights Act of 1964 brings to mind images associated with the old Southern racial caste system that the act helped undo: the now-familiar black and white images of schoolchildren facing down firehoses and police dogs in Birmingham, the historic signing ceremony in the White House with... |
2014 |
| Jelani Jefferson Exum |
Forget Sentencing Equality: Moving from the "Cracked" Cocaine Debate Toward Particular Purpose Sentencing |
18 Lewis & Clark Law Review 95 (2014) |
While a racial equality-themed discourse has traditionally fueled the crack-versus-powder cocaine sentencing debate, this Article asserts that seeking equality in sentencing outcomes is the wrong goal. This Article argues that reformers seeking racial equality in sentencing are misguided in using the cocaine sentencing standards as a benchmark of... |
2014 |
| Taryn Quinn Baker |
Forgotten Children: When Indiana's Children Cannot Procure Necessary Treatment and Care for Severe Mental Health and Behavioral Issues |
48 Valparaiso University Law Review 1043 (Summer, 2014) |
David, a Lake County Prosecutor in Northwest Indiana looks at the three case files on his desk with frustration. Each file concerns a child who suffers from serious mental health and behavioral issues. With the parents unable to procure aid from Indiana's child welfare agencies, these children have not received necessary treatment and therefore... |
2014 |
| Kelsey-Anne Fung |
Gel, Acrylic, or Shellac: the Impact of Southeast and East Asian Immigrant Nail Salon Workers on the Health Care System |
14 University of Maryland Law Journal of Race, Religion, Gender and Class 121 (Spring 2014) |
As a result of daily use and handling of toxic nail products, immigrant Asian nail salon workers commonly suffer from asthma, cancer, and reproductive complications. The lack of comprehensive government regulation of the cosmetic industry and workplace health and safety adds to the severity of these chronic illnesses. Further, since nail salons... |
2014 |
| Christian B. Sundquist |
Genetics, Race and Substantive Due Process |
20 Washington and Lee Journal of Civil Rights and Social Justice 341 (Spring, 2014) |
I. Science Fictions and the Fantasy of Race. 348 A. European Imperialism and Colonization. 348 B. The Age of Empiricism. 349 C. Chattel Slavery, Science and Racial Power. 353 D. Social Darwinism and Race Theory. 356 E. Applied Racial Eugenics and the Holocaust. 359 F. The Post-War Sociology of Race. 362 II. On Colorblindness, Postracialism and the... |
2014 |
| John D. Skrentny |
Have We Moved Beyond the Civil Rights Revolution? |
123 Yale Law Journal 3002 (June, 2014) |
Bruce Ackerman's account of the Civil Rights Revolution stresses the importance of popular sovereignty and the separation of powers as the basis of constitutional significance. In this view, key spokespersons, including Martin Luther King, Jr. and Lyndon Johnson, served to provide leadership in the effort to eliminate institutionalized... |
2014 |
| Dayna Bowen Matthew |
Health Care, Title Vi, and Racism's New Normal |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 3 (Spring, 2014) |
C1-2Table of Contents Introduction. 4 I. The Need for Reform. 9 A. Title VI and Health Care Equity. 12 B. The Shocking Inhumanity of Unjust Health Care. 13 1. Disparate Treatment Leads To Disparate Outcomes for Heart Disease Patients. 14 2. Disparate Treatment Leads To Disparate Outcomes for Renal Patients. 16 3. Disparate Treatment Leads To... |
2014 |
| Maria Ioanna Pantelaki, Chloé White |
Health Care: Access after Health Care Reform |
15 Georgetown Journal of Gender and the Law 95 (2014) |
Introduction.. 95 I. Background of Health Care Access in the United States. 96 A. Health Care Access Landscape Prior to the ACA. 96 B. Key Changes Introduced Under the ACA. 98 1. Consumer Protections Effective September 23, 2010. 100 2. The Insurance Marketplace and Employer-Related Mandates in 2014 and 2015. 102 3. Improving Quality, Lowering... |
2014 |
| Lindsay F. Wiley |
Health Law as Social Justice |
24 Cornell Journal of Law & Public Policy 47 (Fall 2014) |
Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as... |
2014 |
| Jessica L. Roberts |
Healthism and the Law of Employment Discrimination |
99 Iowa Law Review 571 (January, 2014) |
ABSTRACT: Recently, several employers around the country announced they would no longer hire applicants who use nicotine, even off the clock. Just last year, one entity adopted a policy that it would not employ individuals classified as severely obese. Read together, nicotine and obesity bans can be understood as employer practices that... |
2014 |
| Jonathan M. Graham |
Hiv, High School, and Human Rights: Putting Faces on the Failure to Protect Hiv+ Youth from Bullying and Discrimination at School |
35 University of La Verne Law Review 267 (July, 2014) |
Schools should be places of learning and social growth, but for HIV-positive students, attending school is often a scary, traumatic, and sometimes dangerous stage in their lives. HIV-positive youth in the U.S. and abroad face a variety of challenges, disadvantages, outright discrimination, and violations of their human rights. A 2011 Centers for... |
2014 |
| Valerie Schneider |
In Defense of Disparate Impact: Urban Redevelopment and the Supreme Court's Recent Interest in the Fair Housing Act |
79 Missouri Law Review 539 (Summer, 2014) |
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are... |
2014 |
| Dov Fox |
Interest Creep |
82 George Washington Law Review 273 (April, 2014) |
Judicial review has a blind spot. Doctrinal and scholarly focus on individual rights has crowded out alertness to the way in which legislatures and courts characterize the state interests on the other side of the constitutional ledger. This Article introduces and interrogates a pervasive phenomenon of judicial decisionmaking that I call interest... |
2014 |
| Jasmine B. Gonzales Rose |
Introduction |
75 University of Pittsburgh Law Review 429 (Summer, 2014) |
Critical Race Theory is dead. This was the message the Editor-in-Chief of the University of Pittsburgh Law Review received when he approached an advisor about the prospect of commemorating the 75th volume of the Law Review by dedicating a symposium and printed issue in honor of esteemed alumnus, the-late Derrick A. Bell, Jr. (L.L.B. 1957). Moved... |
2014 |
| Emily M.S. Houh , Kristin Kalsem |
It's Critical: Legal Participatory Action Research |
19 Michigan Journal of Race and Law 287 (Spring, 2014) |
This Article introduces a method of research that we term legal participatory action research or legal PAR as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the fringe economy... |
2014 |
| Alex Dyste |
It's Hard out Here for an American Indian: Implications of the Patient Protection and Affordable Care Act for the American Indian Population |
32 Law & Inequality: A Journal of Theory and Practice 95 (Winter 2014) |
The storied and often turbulent relationship the United States shares with the nation's indigenous population is tainted with broken promises and marked by indifference. Tracing its origins to initial European contact with the tribes in the late 1400s, federal Indian law is complex, inconsistent, and largely defined by the anomalous trust... |
2014 |
| Cedric Merlin Powell |
Justice Thomas, Brown, and Post-racial Determinism |
53 Washburn Law Journal 451 (Summer, 2014) |
Brown v. Board of Education is seismic in its societal implications: it is a multi-layered decision that shapes future national and international policies on human rights ; it overturns state-based segregation in the schools and reinvigorates the Fourteenth Amendment as a limit on the oppressive power of the state ; it is the first modern U.S.... |
2014 |
| Alvin W. Cohn, D.Crim., Administration of Justice Services, Inc. |
Juvenile Focus |
78-DEC Federal Probation 37 (December, 2014) |
Public safety and public health experts have joined forces to encourage a new way of thinking about keeping kids out of gangs. In a recently released article in the NIJ Journal, the editors of Changing Course: Preventing Gang Membership--a book co-published by the National Institute of Justice and the Centers for Disease Control and... |
2014 |
| Meredith Martin Rountree |
Law and Loss: Notes on the Legal Construction of Pain |
41 American Journal of Criminal Law 133 (Spring 2014) |
Empirical research into the effects of mass incarceration reveals that the pains of contemporary imprisonment extend far beyond prison walls. This paper surveys how mass incarceration disrupts individual lives in wide-ranging ways, exacerbating existing social disadvantages, alienating families and neighbors, and further marginalizing the... |
2014 |
| Lisa R. Pruitt, Bradley E. Showman |
Law Stretched Thin: Access to Justice in Rural America |
59 South Dakota Law Review 466 (2014) |
I. INTRODUCTION. 468 II. THE RURAL LAWSCAPE: SPACE, ECONOMY, SOCIETY. 480 A. Material Spatiality. 485 B. The Social Implications of Rural Spatiality: By Yourself, but Known to All. 489 C. Economic and Ethical Conflicts of Interest. 490 D. Informal Order. 493 E. The Rural Data Shortage and National Neglect of Rural America. 494 F. The Rural Justice... |
2014 |
| Olatunde C.A. Johnson |
Lawyering That Has No Name: Title Vi and the Meaning of Private Enforcement |
66 Stanford Law Review 1293 (June, 2014) |
On the occasion of the fiftieth anniversary of the Civil Rights Act of 1964, this Essay examines the problem of private enforcement of Title VI. The Essay reviews the unduly constrained approach to private enforcement taken by courts in prominent decisions such as Regents of the University of California v. Bakke and Alexander v. Sandoval. Yet the... |
2014 |
| Equal Justice Society, Wilson Sonsini Goodrich, Rosati |
Lessons from Mt. Holly: Leading Scholars Demonstrate Need for Disparate Impact Standard to Combat Implicit Bias |
11 Hastings Race and Poverty Law Journal 241 (Summer, 2014) |
I always loved my home and was glad that I could provide housing to my children, grandchildren, and great grandchild. I also always loved my neighborhood as there is a strong sense of community here for us. We have known many of our neighbors for many years and we raised our families together. . . . When in 2003 we heard about the Township's plans... |
2014 |
| Casey Schutte |
Mandating Cultural Competence Training for Dependency Attorneys |
52 Family Court Review 564 (July, 2014) |
Dependency attorneys who represent children in child abuse and neglect proceedings engage in cross-cultural lawyering. Beyond the inevitable cultural differences between lawyer and child client in terms of education, development, and age, there are often differences in race, sexual orientation, language, neighborhood of residence, and countless... |
2014 |
| Chris Conway |
Mandatory Physician Reporting of Gunshot Wounds: a Chicago Perspective |
23 Annals of Health Law Advance Directive 51 (Spring, 2014) |
Respect for patient privacy and confidentiality are affirmatively stated by every practicing physician when they take the famous Hippocratic Oath, asserting they will not spread what they see or hear during the course of treatment. While the words of this oath allude to an absolute protection of patient confidentiality, in reality there are many... |
2014 |
| Russell K. Robinson |
Marriage Equality and Postracialism |
61 UCLA Law Review 1010 (May, 2014) |
When California's Proposition 8 (Prop. 8) eliminated the right to marry a person of the same sex, it aggravated a fissure between the black community and the gay community. Though Prop. 8 had nothing to do with race on the surface, the controversy that followed its passage was charged with racial blame. This Article uses the Prop. 8 controversy,... |
2014 |
| John V. Jacobi |
Medicaid Evolution for the 21st Century |
102 Kentucky Law Journal 357 (2013-2014) |
The Affordable Care Act is a complex statute intended to change American health finance and delivery in myriad ways over its multi-year implementation period. Its core provisions, however, are directed at the overriding problem that drove its passage: reducing the number of Americans without health insurance. Medicaid was intended to be a major... |
2014 |
| Daniel Atkins, JD, Shannon Mace Heller, JD, MPH, Elena DeBartolo, Megan Sandel, MD, MPH |
Medical-legal Partnership and Healthy Start: Integrating Civil Legal Aid Services into Public Health Advocacy |
35 Journal of Legal Medicine 195 (January-March, 2014) |
By resolving a wide range of civil legal needs, civil legal aid attorneys have a tremendous impact on the lives of people who are living in poverty. Through improving housing conditions, preserving public benefits, and restoring utilities, civil legal aid attorneys provide assistance critical to the health and well-being of vulnerable and at-risk... |
2014 |
| Elizabeth Tobin Tyler, JD, MA, Lauren Taylor Anderson, M.Ed., Leah Rappaport, Anuj Kumar Shah, MD, MPH, Deborah L. Edberg, MD, Edward G. Paul, MD |
Medical-legal Partnership in Medical Education: Pathways and Opportunities |
35 Journal of Legal Medicine 149 (January-March, 2014) |
Not since the Flexner, Welch-Rose, and Goldmark reports at the beginning of the 20th century has the training of health care professionals been poised for such an extensive overhaul. As the healthcare system undergoes major changes over the course of the next decade, medical education will have to keep pace. Both undergraduate and graduate medical... |
2014 |
| Samuel Vincent Jones |
Men and Boys and the Ethical Demand for Social Justice |
20 Washington and Lee Journal of Civil Rights and Social Justice 507 (Spring, 2014) |
I. Introduction. 507 II. Social Justice and the Neglect of Men and Boys. 511 A. Today's Women and Girls. 514 B. Today's Men and Boys. 516 III. Finding a Solution for the Neglect and Alienation of Males. 536 A. Causation. 536 B. Solution. 540 IV. Conclusion. 543 A great weight of legal scholarship rests on the presupposition that women are an... |
2014 |
| Margaret E. Montoya , Irene Morris Vasquez , Diana V. Martínez |
Name Narratives: a Tool for Examining and Cultivating Identity |
32 Chicana/o-Latina/o Law Review 113 (2014) |
I realized my name Noé is the symbol of my parents' struggle to give my brothers and me a better life. My name is also an example of the struggle of many indigenous people who are still colonized by majoritarian stories that dictate them to assimilate to a different culture. Now I embrace my name because it represents these struggles. I tire... |
2014 |
| Joel Teitelbaum, JD, LL.M. |
Obligation and Opportunity: Medical-legal Partnership in the Age of Health Reform |
35 Journal of Legal Medicine 7 (January-March, 2014) |
This article was written in the immediate aftermath of the United States Supreme Court's 2012 term, which concluded with landmark decisions on voting rights and same-sex marriage. In the former case, the Court majority based its decision, in large measure, on the fact that nearly 50 years after its passage, the Voting Rights Act has increased voter... |
2014 |
| Stephen M. Rich |
One Law of Race? |
100 Iowa Law Review 201 (November, 2014) |
ABSTRACT: Is race discrimination a single social phenomenon, and, if it is, why not govern it by a single legal rule? The temptation to conform constitutional and statutory standards in race equality law is powerful and appears to have captured the imagination of the Supreme Court in several of its most recent decisions. Historically, the Court's... |
2014 |
| William M. Sage |
Our "Patchwork" Health Care System: Melodic Variations, Counterpoint, and the Future Role of Physicians |
14 Houston Journal of Health Law & Policy 1 (2014) |
It is conventional wisdom that the U.S. health care system is overly fragmented, and therefore should be consolidated or coordinated. In this symposium on the patchwork health care system, four leading health law scholars test the fragmentation hypothesis in different health policy domains: hospital pricing, data privacy, information technology,... |
2014 |