| Author | Title | Citation | Summary | Year |
| Edward A. Purcell, Jr. |
Paradoxes of Court-centered Legal History: Some Values of Historical Understanding for a Practical Legal Education |
64 Journal of Legal Education 229 (November, 2014) |
Today legal education is under scrutiny and law schools under assault. Social, economic, and political developments have combined with major structural changes in the market for legal services to create acute difficulties, and voices across the country are understandably calling for lower-cost programs and practice-ready graduates. The challenge... |
2014 |
| Raymond R. Swisher , Unique R. Shaw-Smith |
Paternal Incarceration and Adolescent Well-being: Life Course Contingencies and Other Moderators |
104 Journal of Criminal Law and Criminology 929 (Fall, 2014) |
Parental incarceration has been found to be associated with a wide range of negative outcomes in both childhood and adolescence. This Article uses data from the National Longitudinal Study of Adolescent Health (Add Health) to focus on the conditions under which associations of paternal incarceration with adolescent delinquency and depression are... |
2014 |
| Daniel S. Goldberg , Ben Rich |
Pharmacovigilence and the Plight of Chronic Pain Patients: in Pursuit of a Realistic and Responsible Ethic of Care |
11 Indiana Health Law Review 83 (2014) |
I. INTRODUCTION. 84 II. THE CONVERGENCE OF TWO PERFECT STORMS. 86 III. OPIOID CONTRACTS AND THE STANDARD OF CARE FOR CHRONIC OPIOID THERAPY. 88 IV. COMPETING MODELS OF THE PHYSICIAN-PATIENT RELATIONSHIP. 90 V. A BRIEF HISTORY OF THE USE OF PHYSICIAN-PATIENT CONTRACTS. 93 VI. INFORMED CONSENT. 97 A. Elements of Informed Consent as They Relate to... |
2014 |
| Carmen G. González , Angela P. Harris |
Presumed Incompetent:continuing the Conversation (Part I) |
29 Berkeley Journal of Gender, Law & Justice 183 (Summer 2014) |
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted a daylong symposium at the University of California, Berkeley, School of Law. The symposium featured more than forty speakers who were invited to celebrate and respond to Presumed Incompetent: The Intersections of Race and Class for Women in Academia. Presumed Incompetent is an... |
2014 |
| Evelyn Malavé |
Prison Health Care after the Affordable Care Act: Envisioning an End to the Policy of Neglect |
89 New York University Law Review 700 (May, 2014) |
Inadequate prison health care has created a health crisis for reentering prisoners and their communities--a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any... |
2014 |
| David Freeman Engstrom |
Private Enforcement's Pathways: Lessons from Qui Tam Litigation |
114 Columbia Law Review 1913 (December, 2014) |
How does making law through private lawsuits differ from making law by other means? That question is especially important where legislators deputize private attorneys general as statutory enforcers, from antitrust and securities to civil rights and consumer protection. Yet legal scholars have not offered sustained theoretical or empirical... |
2014 |
| Ting Wang |
Protecting Diversity in the Ivory Tower with Liability Rules |
35 Pace Law Review 661 (Winter 2014) |
The two sides of the debate over race-based affirmative action in higher education tell two distinct stories - one of diversity's benefits and the other of affirmative action's burdens. In Grutter v. Bollinger, 539 U.S. 306 (2003), the Supreme Court found the benefits to be so compelling to society that they were deemed to outweigh the burdens.... |
2014 |
| Joanna Woolman , Sarah Deer |
Protecting Native Mothers and Their Children: a Feminist Lawyering Approach |
40 William Mitchell Law Review 943 (2014) |
I. Introduction. 944 II. Background: Native American Experiences with Child Protective Services. 947 A. Precolonial Native Motherhood. 947 B. Colonization and Native Mothers. 950 1. Missionary Belief Systems About the Cultural Inferiority of Native Women's Mothering Skills. 950 2. Native Mothers and the Early American Child Protection System. 951... |
2014 |
| Josephine M. Balzac |
Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice by Empowering Communities to Meaningfully Participate in the Decision-making Processes of Brownfields Redevelopment and Superfund Cleanups |
9 Florida A & M University Law Review 347 (Spring, 2014) |
Introduction. 348 I. Environmental Justice Movement. 351 A. Environmental Justice and the Environmental Protection Agency. 352 B. National Environmental Justice Advisory Council. 352 II. CERCLA: Superfunds and Brownfields. 353 A. Superfund. 354 B. Brownfields. 355 III. Potential Adverse Consequences in Superfund Cleanups and Brownfields... |
2014 |
| Gene Nichol |
Race, Poverty, and "Current Conditions" |
49 Wake Forest Law Review 791 (Fall 2014) |
I have been a constitutional law professor for a very long time. So it's not surprising, perhaps, that when the United States Supreme Court handed down the Shelby County decision--invalidating a core component of the iconic Voting Rights Act --I would receive some media calls about the opinion. Over and again, folks brought up Chief Justice... |
2014 |
| Paul Gowder |
Racial Classification and Ascriptive Injury |
92 Washington University Law Review 325 (2014) |
Slow in my blindness, with my hand I feel the contours of my face. A flash of light gets through to me. I have made out your hair, color of ash and at the same time, gold. I say again that I have lost no more than the inconsequential skin of things. These wise words come from Milton, and are noble, but then I think of letters and of roses. I think,... |
2014 |
| Adjoa Artis Aiyetoro |
Racial Disparities in Punishment and Alienation: Rebelling for Justice |
71 National Lawyers Guild Review 193 (Winter 2014) |
The challenge of the twenty-first century . is to identify and dismantle those structures in which racism continues to be embedded. This is the only way the promise of freedom can be extended to the masses of people. This article provides a framework for responding to the need for racial reconciliation in the United States that has been the focus... |
2014 |
| Stacey Marlise Gahagan , Alfred L. Brophy |
Reading Professor Obama: Race and the American Constitutional Tradition |
75 University of Pittsburgh Law Review 495 (Summer, 2014) |
Reading Professor Obama mines Barack Obama's syllabus on Current Issues in Racism and the Law for evidence of his beliefs about race, law, and jurisprudence. The syllabus for the 1994 seminar at the University of Chicago, which provides the reading assignments and structure for the course, has been available on the New York Times website since... |
2014 |
| Dorothy E. Roberts |
Reconciling Equal Protection Law in the Public and in the Family: the Role of Racial Politics |
162 University of Pennsylvania Law Review Online 283 (2014) |
In response to Katie Eyer, Constitutional Colorblindness and the Family, 162 U. Pa. L. Rev. 537 (2014). In Constitutional Colorblindness and the Family, Katie Eyer brings to our attention an intriguing contradiction in the Supreme Court's equal protection jurisprudence. Far from ending race-based family law rules with its 1967 decision, Loving v.... |
2014 |
| Steven J. Knox |
Reconstructing an End to Concentrated Poverty |
16 Journal of Law in Society 223 (Fall, 2014) |
C1-2Table of Contents I. Introduction. 224 II. The Emergence of Concentrated Poverty. 226 A. Spatial Distribution of Race, or Racial Spatialization?. 226 B. A Working Definition of Concentrated Poverty. 227 C. Concentrated Poverty in Detroit. 228 III. Section 1 of the Thirteenth Amendment. 232 A. Section 1 of the Thirteenth Amendment Grants Courts... |
2014 |
| Thalia González , Giovanni Saarman |
Regulating Pollutants, Negative Externalities, and Good Neighbor Agreements: Who Bears the Burden of Protecting Communities? |
41 Ecology Law Quarterly 37 (2014) |
Given the failure of federal, state, and common-law environmental regulation to deal with the external social costs of pollution on human health and the environment, local communities have turned to legal and nonlegal strategies to address their concerns. This Article seeks to address the increased need for the study of community environmental... |
2014 |
| Michael B. Jones , Peter J. Jacques |
Responding to Environmental Injustice: the Civil Rights Act and American Federal Institutional and Systemic Barriers to Private Redress of Disparate Environmental Harm |
9 Florida A & M University Law Review 417 (Spring, 2014) |
This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan... |
2014 |
| Deven McGraw, Alice Leiter |
Risk-based Regulation of Clinical Health Data Analytics |
12 Colorado Technology Law Journal 427 (2014) |
Introduction. 427 What Are Health Information Privacy Harms?. 430 What is unique about health data?. 430 Potential Health Privacy Harms. 431 Federal Regulation of Risks to Health Information. 432 Why the Current Regulatory Framework for Re-Uses of Health Data is not Sufficiently Risk-Based. 434 Paradox. 434 Rethinking the Regulatory Framework. 436... |
2014 |
| Hannah Alsgaard |
Rural Incentive Programs for Legal and Medical Professionals: a Comparative |
59 South Dakota Law Review 585 (2014) |
In 2013, South Dakota became the first state to enact legislation establishing an incentive program for attorneys who agree to practice in rural areas. That legislation is Project Rural Practice and establishes a pilot program to assist rural counties in recruiting attorneys. Project Rural Practice has already had success. Within five months,... |
2014 |
| Linda C. Fentiman |
Sex, Science, and the Age of Anxiety |
92 Nebraska Law Review 455 (2014) |
I. Introduction. 456 A. A Road Map. 459 B. The Problem. 461 II. The Legal Framework for Vaccination. 471 A. The Public Health Perspective: Vaccination Is a Public Good. 471 1. Substantive Due Process Requirements. 471 2. Is There Room for Parents to Opt Out?. 474 B. Regulatory Oversight and Support. 480 1. Federal Law. 480 a. Safety. 480 b. Vaccine... |
2014 |
| Philip C. Aka |
Shaping Their Better Character: Religion in African American Politics in the Age of Obama |
16 Rutgers Journal of Law & Religion 1 (Fall, 2014) |
L1-3Table of Contents I. Introduction and Purpose of Study. 3 II. Is President Obama Black?. 6 III. Which Blacks are African Americans?. 10 IV. Historical Backdrop on Religion in African American Politics. 17 V. Religion in African American Life. 22 A. Diversification Away from Christianity. 23 B. Manifestations of Religion in African American... |
2014 |
| Peter Lee |
Social Innovation |
92 Washington University Law Review 1 (2014) |
This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance, and strategies to reduce hospital-based infections greatly enhance social welfare yet operate completely outside of the patent system, the primary legal... |
2014 |
| Lynn D. Lu |
Standing in the Shadow of Tax Exceptionalism: Expanding Access to Judicial Review of Federal Agency Rules |
66 Administrative Law Review 73 (Winter, 2014) |
As the Supreme Court recently confirmed, regulation of behavior through the tax code is nothing new. Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566, 2596 (2012). From the individual mandate's shared responsibility payment to the income-tax deduction for charitable donations, tax provisions raise or lower the cost of particular conduct.... |
2014 |
| James Ton-that |
Standing up for the Little Guy: Proposing a Doctrinal Framework to Assess Standing for Patient Plaintiffs in the Context of Myriad and Diagnostic Genetic Testing |
23 Federal Circuit Bar Journal 647 (2014) |
One in two men and one in three women will develop cancer over the course of their lifetime. One in four men and one in five women will die from cancer. Mutations in the BRCA1 and BRCA2 genes are associated with a higher risk of developing multiple types of cancer for men and women. When parties brought a declaratory judgment suit against the... |
2014 |
| Taunya Lovell Banks |
Still Drowning in Segregation: Limits of Law in Post-civil Rights America |
32 Law & Inequality: A Journal of Theory and Practice 215 (Summer, 2014) |
The past is never dead. It's not even past. William Faulkner, Requiem for a Nun You have to change your heart if you want to change. Bob Dylan In 2005, Hurricane Katrina became the deadliest storm to hit the United States since 1928. Close to a thousand people died, and drowning was a major cause of death. Blacks comprised fifty-one percent of... |
2014 |
| Natsu Taylor Saito |
Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory |
10 Florida A & M University Law Review 1 (Fall 2014) |
Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The... |
2014 |
| Philip Tegeler |
The "Compelling Government Interest" in School Diversity: Rebuilding the Case for an Affirmative Government Role |
47 University of Michigan Journal of Law Reform 1021 (Summer 2014) |
The strong endorsement of the compelling government interest in school integration by five members of the Supreme Court in Parents Involved in Community Schools stands in surprising contrast to the Obama Administration's tepid support for affirmative measures to expand school diversity initiatives. Although the Department of Education formally... |
2014 |
| Christopher T. Robertson , David V. Yokum |
The Burden of Deciding for Yourself: the Disutility Caused by Out-of-pocket Healthcare Spending |
11 Indiana Health Law Review 609 (2014) |
I. Introduction. 610 II. Mapping the Normative Objections to Cost-Sharing. 612 A. Underinsurance. 612 B. Reductions in High-Value Healthcare. 613 C. The Unfair Tax on Sickness. 615 D. Decisional Burden. 617 III. The Alternatives to Cost Sharing. 618 A. Alternative World #1: Outsourcing the Rationing Function. 618 B. Alternative World #2: Forgo... |
2014 |
| Paulette Brown |
The Civil Rights Act of 1964 |
92 Washington University Law Review 527 (2014) |
In early 1963, Dr. Martin Luther King, Jr. led what would become known as the Birmingham Campaign with the Southern Leadership Conference in which confrontations between protestors and police were widely publicized. Protesters included elementary school students who would be seen worldwide on television being hosed with high-pressure water hoses... |
2014 |
| Eric T. Fleischaker |
The Constitutionality of Prolonged Administrative Segregation for Inmates Who Have Received Sex Reassignment Surgery |
41 Hastings Constitutional Law Quarterly 903 (Summer 2014) |
In 2012, a Massachusetts district court judge issued a controversial decision in Kosilek v. Spencer (Kosilek II) when he ordered the state to pay for a transgender inmate's sex reassignment surgery. The decision is controversial for two reasons: First, the court ordered the state to fund a surgery for a prisoner that Medicare or Medicaid would not... |
2014 |
| Megan Veith |
The Continuing Gender-health Divide: a Discussion of Free Choice, Gender Discrimination, and Gender Theory as Applied to the Affordable Care Act |
21 Georgetown Journal on Poverty Law and Policy 341 (Spring, 2014) |
Men and women are historically, socially, and biologically different from each other. Therefore, they utilize different health care services from each other, or similar services, but in different ways. With so much gender variation, measuring equality in the current health care system is a difficult task. However, for gender equality to exist in... |
2014 |
| Carla D. Pratt |
The End of Indeterminacy in Affirmative Action |
48 Valparaiso University Law Review 535 (Winter, 2014) |
After bracing for a decision overruling Grutter v. Bollinger, the proponents of race-conscious affirmative action in higher education were relieved by the Supreme Court's most recent decision in Fisher v. University of Texas at Austin. To the surprise of many, a seven justice majority left most of Grutter intact and issued an opinion that allowed... |
2014 |
| Kimberly Jade Norwood |
The Far-reaching Shadow Cast by Ferguson |
46 Washington University Journal of Law & Policy 1 (2014) |
In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the... |
2014 |
| Laura D. Hermer , Merle Lenihan |
The Future of Medicaid Supplemental Payments: Can They Promote Patient-centered Care? |
102 Kentucky Law Journal 287 (2013-2014) |
Myrlene Stimphil is a nurse and the mother of an adult disabled son. She and her husband are trying to delay foreclosure on their home after a New York hospital placed a lien on it for over $40,000. In 2007, Mrs. Stimphil's son, who has been brain damaged since he was born prematurely, had emergency surgery and their health insurance plan... |
2014 |
| David Orentlicher |
The Future of the Affordable Care Act: Protecting Economic Health More than Physical Health? |
51 Houston Law Review 1057 (Symposium 2014) |
I. Introduction. 1057 II. Common Questions About the Impact of the ACA. 1058 III. The Hall Data. 1062 IV. The Future of the ACA. 1065 V. Conclusion. 1076 Mark Hall has written a terrific paper. It is exactly the kind of scholarship that we need to see as the Affordable Care Act (ACA) continues its roll out. We can make educated guesses about the... |
2014 |
| Christopher Wildeman , Kristin Turney , Jason Schnittker |
The Hedonic Consequences of Punishment Revisited |
104 Journal of Criminal Law and Criminology 133 (Winter, 2014) |
In recent years, legal scholars have become acutely concerned with the hedonic consequences of incarceration. Despite this interest, no research has simultaneously tested (1) whether current incarceration and recent incarceration lead to declines in happiness, and (2) whether the direct effects of imprisonment (what Gresham Sykes referred to as the... |
2014 |
| Wendy A. Bach |
The Hyperregulatory State: Women, Race, Poverty, and Support |
25 Yale Journal of Law & Feminism 317 (2014) |
Introduction. 318 I. The Failures of Liberal Theory and the Idea of the Supportive State. 320 A. The Autonomous Subject and the Vulnerable Subject. 322 B. Towards a More Responsive State. 326 II. Hyperregulation and Poverty. 329 A. A Bit of Social Welfare History. 330 B. Privacy Deprivation and Criminalization as the Price of Support. 331 C. From... |
2014 |
| Christopher Wildeman , Sara Wakefield |
The Long Arm of the Law: the Concentration of Incarceration in Families in the Era of Mass Incarceration |
17 Journal of Gender, Race and Justice 367 (Spring 2014) |
As the imprisonment of male family members has become common for families who reside in the poorest neighborhoods, researchers have become keenly interested in understanding the consequences of mass imprisonment for family life. To this end, a now-massive literature has linked the incarceration of a father not only with increased instability in the... |
2014 |
| Ann Marie Marciarille |
The Medicaid Gamble |
17 Journal of Health Care Law and Policy 55 (Symposium 2014) |
The Patient Protection and Affordable Care Act (ACA) was an unprecedented gamble. As passed, the ACA transformed Medicaid from an unevenly and underfunded program for the poor and disabled to a program to offer those priced out of commercial insurance markets government-funded health insurance similar to Medicare, the single-payer system for... |
2014 |
| James Salzman , Craig Anthony (Tony) Arnold , Robert Garcia , Keith Hirokawa , Kay Jowers , Jeffrey LeJava , Margaret Peloso , Lydia Olander |
The Most Important Current Research Questions in Urban Ecosystem Services |
25 Duke Environmental Law and Policy Forum 1 (Fall, 2014) |
C1-3Table of Contents I. Introduction: The Importance of Urban Ecosystem Services. 2 II. The State of the Literature on Urban Ecosystem Services and Governance. 7 III. Promising Research Areas. 15 A. Equitable Provision of Urban Ecosystem Services. 15 1. Environmental Equity and Urban Forest Cover. 16 2. Environmental Equity and Park Access. 17 3.... |
2014 |
| Alexandra Brandes |
The Negative Effect of Stigma, Discrimination, and the Health Care System on the Health of Gender and Sexual Minorities |
23 Tulane Journal of Law & Sexuality 155 (2014) |
I. Heterosexism, Genderism, and Racism Adversely Affect Health. 156 II. Health Disparities. 161 III. Antidiscrimination and Health Insurance Law. 164 IV. Legislative Attempts To Make Health Insurance Less Discriminatory Have Failed. 169 V. Conclusion. 176 |
2014 |
| Andrea Giampetro-Meyer |
The Proper Place for Intellectual Property in Employment Discrimination Law |
25 George Mason University Civil Rights Law Journal 1 (Fall, 2014) |
Intellectual property law . . . [has] far too long . . .been cloaked by a presumption of race and gender neutrality. Every day, in companies across the United States, marketing professionals are making decisions about how to meet the needs of consumers in specific markets. How can a financial services company offer advice to African Americans who... |
2014 |
| Susan Fendell, Esq. |
The Unintended Results of Payment Reform and Electronic Medical Records |
10 Journal of Health & Biomedical Law 173 (2014) |
Reform of how healthcare is delivered, whether through state or federal initiatives, insurer protocols, or provider action, is proceeding rapidly and with insufficient attention to how it affects the recipients of health care. The motivation for health care reform is primarily to control health care costs, and secondarily to improve quality of... |
2014 |
| Erin K. Duncan |
The United States' Maternal Care Crisis: a Human Rights Solution |
93 Oregon Law Review 403 (2014) |
Abstract. 404 Introduction. 404 I. Identifying the United States' Obligations Under International Law. 411 II. Identifying Pregnant Women's Human Rights. 413 A. The Right to Health. 415 1. The Right to Health Includes Reproductive Rights. 416 2. Evidence-Based Care Promotes the Highest Attainable Standard of Health. 418 3. Maternal Mortality Is the... |
2014 |
| Adele Cummings, Stacie Nelson Colling |
There Is No Meaningful Opportunity in Meaningless Data: Why it Is Unconstitutional to Use Life Expectancy Tables in Post-graham Sentences |
18 U.C. Davis Journal of Juvenile Law & Policy 267 (Summer, 2014) |
I. Introduction. 269 II. The Requirement of a Meaningful Opportunity for Release . 273 A. Graham's Requirement for a Meaningful Opportunity for Release . 273 B. Colorado Courts' Application of Graham to Lengthy Juvenile Sentences. 275 C. Life Expectancy Estimates, Individual Differences, and Sentencing Children. 276 III. A Primer on Life... |
2014 |
| andré douglas pond cummings , Steven A. Ramirez , Cheryl L. Wade |
Toward a Critical Corporate Law Pedagogy and Scholarship |
92 Washington University Law Review 397 (2014) |
In recent years, the publicly held corporation has assumed a central position in both the economic and political spheres of American life. Economically, the public corporation has long acted as the key institution within American capitalism. Politically, the public corporation now can use its economic might to sway electoral outcomes as never... |
2014 |
| Lea Lambert |
Trading Rights for Greenhouse Gases: the Dilemma of Cap-and-trade and Environmental Justice |
24 George Mason University Civil Rights Law Journal 205 (Spring 2014) |
On August 29, 2005, Hurricane Katrina ravaged the Gulf Coast and quickly proceeded towards the city of New Orleans where the storm would prove to be beyond devastating for many residents. Though the impact of the devastation in New Orleans can be partly attributed to a lack of disaster preparedness and absence of political transparency,... |
2014 |
| Joshua E. Weishart |
Transcending Equality Versus Adequacy |
66 Stanford Law Review 477 (March, 2014) |
A debate about whether all children are entitled to an equal or an adequate education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on. Equality of educational opportunity has been thought to require equal spending per pupil... |
2014 |
| Tomiko Brown-Nagin |
Two Americas in Healthcare: Federalism and Wars over Poverty from the New Deal-great Society to Obamacare |
62 Drake Law Review 981 (Fourth Quarter 2014) |
The Supreme Court's decision sustaining the Affordable Care Act has inspired commentary applauding the Court for preserving the social safety net instituted and expanded during the New Deal and the Great Society. That narrative, as far as it goes, is accurate; but its double-edged meaning has not been fully understood until now, this Article shows.... |
2014 |
| Rachel Weisblatt |
Uncharitable Hospitals: Why the Irs Needs Intermediate Sanctions to Regulate Tax-exempt Hospitals |
55 Boston College Law Review 687 (March, 2014) |
Abstract: Tax-exempt hospitals receive millions of dollars worth of tax breaks each year for the purpose of providing care to their communities. Despite these tax breaks, however, there is little evidence to suggest that such breaks significantly benefit the hospitals' communities. When a hospital no longer meets the federal standard for... |
2014 |