| Author | Title | Citation | Summary | Year |
| Yxta Maya Murray |
From Here I Saw What Happened and I Cried: Carrie Mae Weems' Challenge to the Harvard Archive |
8 Unbound: Harvard Journal of the Legal Left 1 (2012-2013) |
Who owns the violent past? In the early 1990s, New York artist Carrie Mae Weems traveled to Harvard University's Peabody Museum of Archaeology and Ethnology to see some mysterious photographs. Entering into the archives, she first signed a contract promising not to use any Peabody images without permission. She next found herself staring down at... |
2013 |
| Brian A. Ford |
From Mountains to Molehills: a Comparative Analysis of Drug Policy |
19 Annual Survey of International and Comparative Law 197 (Spring, 2013) |
I'm not exactly for the use of drugs don't get me wrong. But I just believe that criminalizing marijuana, criminalizing the possession of a few ounces of pot and that kind of thing, I mean, it's costing us a fortune and it's ruining young people. Young people go into prisons, they go in as youths, and the come out as hardened criminals. And... |
2013 |
| Angela Perone |
From Punitive to Proactive: an Alternative Approach for Responding to Hiv Criminalization That Departs from Penalizing Marginalized Communities |
24 Hastings Women's Law Journal 363 (Summer 2013) |
Human immunodeficiency virus (HIV) is a diagnosis no one wants to hear from a doctor. This word invokes fear, panic, and sometimes anger. When the AIDS epidemic gripped the United States in the early 1980s, these emotions drove many of the laws addressing HIV and AIDS. States passed laws criminalizing people living with HIV for engaging in certain,... |
2013 |
| Benjamin Fleury-Steiner , Lionel R. Smith , Tanya N. Whittle , Michael Burtis |
From the Battlefield to the War on Drugs: Lessons from the Lives of Marginalized African American Military Veterans |
6 Albany Government Law Review 464 (2013) |
Introduction. 465 I. The Myth of the Addicted Army and the Launching of the Modern War on Drugs. 468 A. Nixon as Architect. 468 B. From Reagan's War to the Present. 471 II. The Lives of Marginalized African American Veterans. 473 III. Vietnam Era. 474 A. Carl: Help for Vets' Wasn't on Billboards. . 474 B. Charles: You black, you must have... |
2013 |
| Travis Franklin Chance |
Going to Pieces over Lgbt Health Disparities: How an Amended Affordable Care Act Could Cure the Discrimination That Ails the Lgbt Community |
16 Journal of Health Care Law and Policy 375 (2013) |
Minority groups, especially those defined along racial and ethnic lines, frequently suffer from health care disparities that non-minority populations do not. In addition to racial and ethnic disparities in health care, disparities are also evident in the lesbian, gay, bisexual and transgender (LGBT) community. The LGBT community has... |
2013 |
| Obiajulu Nnamuchi |
Harm or Benefit? Hate or Affection? Is Parental Consent to Female Genital Ritual Ever Defensible? |
8 Journal of Health & Biomedical Law 377 (2013) |
This paper is not a recapitulation or regurgitation of mainstream literature on female genital ritual (FGR). Its purpose is different. Motivated by abstruse deficiency in extant orthodoxy, this discourse challenges the notion that certain sociocultural beliefs, attitudes, or practices of certain groups of people are automatic candidates for... |
2013 |
| Katharine Van Tassel |
Harmonizing the Affordable Care Act with the Three Main National Systems for Healthcare Quality Improvement: the Tort, Licensure, and Hospital Peer Review Hearing Systems |
78 Brooklyn Law Review 883 (Spring, 2013) |
In 1999, an Institute of Medicine report revealed the startling news that treatment errors in hospitals were the cause of up to 98,000 deaths annually. In a recent 2012 update on this situation, a Consumer Reports investigation concluded that approximately 2.25 million people in the United States will likely die from medical harm in the next... |
2013 |
| Peter J. Hammer |
Health Evolution: (Quality = Learning) + (Ethics = Justice) |
10 Indiana Health Law Review 415 (2013) |
Introduction. 415 I. The Health Care (Non)System is Broken. 416 A. General Indictment of Health Care: Cost, Quality and Access. 417 B. Symbolic Indictment: Medical Errors and Racial Disparities. 419 1. Medical Errors. 419 2. Racial Disparities. 422 II. What Drives the Biomedical Industrial Complex?. 424 A. The Balkans of American Health Care. 424... |
2013 |
| Jessica L. Roberts |
Health Law as Disability Rights Law |
97 Minnesota Law Review 1963 (June, 2013) |
Introduction. 1964 I. Health and Civil Rights: Competing Paradigms. 1966 A. Traditional Schism. 1967 1. Health Law and Disability. 1968 2. Civil Rights Law and Disability. 1975 B. Explanations for the Schism. 1977 1. Health Law Explanations. 1977 2. Civil Rights Law Explanations. 1981 C. Implications. 1986 II. Health-Care Access for People... |
2013 |
| Christine Fry , Sara Zimmerman , Manel Kappagoda |
Healthy Reform, Healthy Cities: Using Law and Policy to Reduce Obesity Rates in Underserved Communities |
40 Fordham Urban Law Journal 1265 (May, 2013) |
Introduction. 1266 I. The Obesity Epidemic and Social Determinants of Health. 1268 A. Rising Obesity Rates. 1268 B. How the Social Determinants of Health Drive Obesity Disparities. 1271 II. Using Law and Policy to End the Obesity Epidemic. 1274 A. The Power to Regulate Public Health. 1278 B. How the Affordable Care Act Supports Community-Based... |
2013 |
| Dan Werb |
Heroin Prescription, Hiv, and Drug Policy: Emerging Regulatory Frameworks |
91 Oregon Law Review 1213 (2013) |
Introduction. 1213 I. Current Drug Enforcement Policies. 1215 II. Responses to Opioid Dependence. 1217 A. Medical Regulation of Opioid Derivatives. 1217 B. Current Clinical Treatments for Opioid Addiction. 1218 C. Heroin Prescription. 1219 1. Administration of Heroin-Assisted Treatment (HAT). 1220 2. Results of HAT. 1221 III. Policy Implications.... |
2013 |
| Sonja C. Tonnesen |
Hit it and Quit It: Responses to Black Girls' Victimization in School |
28 Berkeley Journal of Gender, Law & Justice 1 (Winter 2013) |
INTRODUCTION. 2 Part I. Sexual Harassment Against Black Girls and Young Women in School and the Unfulfilled Promise of Title IX and Zero Tolerance Policies. 6 A. Sexual Harassment Against Black Girls at School. 6 B. The Inadequacy of Title IX and Schools' Efforts to End Sexual Harassment against Black Girls and Young Women in K-12 Schools. 11 Part... |
2013 |
| Nita Garg |
Hospital Value Based Purchasing and the Bundled Payment Initiative under the Affordable Care Act: a Good Start, but Is it Good Enough? |
22 Annals of Health Law 171 (Winter, 2013) |
The United States spends more per capita on health care than any other nation; yet, the U.S. does not achieve better health care outcomes compared to other developed nations. Many of the discussions on how to reform the health care industry have focused on how to best contain these escalating costs. One frequent suggestion as how best to accomplish... |
2013 |
| Courtney A. Markey |
Implications of the Supreme Court's Decision in Pliva, Inc. V. Mensing: Why Generic and Brand-name Pharmaceuticals must Be Treated Equally under the Federal Food, Drug, and Cosmetic Act |
15 Marquette Elder's Advisor 135 (Fall 2013) |
Traditionally, medical patients overwhelmingly have had to rely on their doctors to give them all the information they needed to make certain decisions about their health. Unless one was a doctor, medical student, or pharmacist it usually was much more difficult to obtain information about prescription drugs and certain over-the-counter medications... |
2013 |
| Wayne A. Logan |
Informal Collateral Consequences |
88 Washington Law Review 1103 (October, 2013) |
After a thirty-year punitive binge, the nation is in the process of awakening to the vast array of negative effects flowing from its draconian crime control policies. The shift is perhaps most evident in the realm of corrections, which since the early 1980s has experienced unprecedented population growth. Driven by a number of factors, not the... |
2013 |
| Daniel S. Goldberg |
Intervening at the Right Point in the Causal Pathways: Law, Policy, and the Devastating Impact of Pain Across the Globe |
22 Annals of Health Law 198 (2013) |
Although it is notoriously difficult to quantify, pain is likely the single most common illness experience on the planet, within both the global North and the global South. Indeed, given that with only rare exceptions every human experiences pain, it has frequently been viewed as a central component of the human condition. Despite several decades... |
2013 |
| Frank M. McClellan, J.D., LL.M. , James E. Wood, Jr., M.D. , Sherin M. Fahmy, J.D. |
It Takes a Village: Reforming Law to Promote Health Literacy and Reduce Orthopedic Health Disparities |
8 Journal of Health & Biomedical Law 333 (2013) |
Over the past two decades, health care researchers have documented the low state of health literacy of consumers and cultural competency of providers. These studies have also explained how low health literacy and low cultural competency have caused tragic individual health outcomes and contributed to the overall health care crisis in the United... |
2013 |
| Deborah A. Roy |
Justice William J. Brennan, Jr., James Wilson, and the Pursuit of Equality and Liberty |
61 Cleveland State Law Review 665 (2013) |
This Article analyzes the jurisprudence of one of the most transformative Supreme Court Justices, William J. Brennan, Jr., from the perspective of his vision that the United States Constitution is founded on Human Dignity. Justice Brennan expressed this principle in his opinions that advanced the realization of individual rights for each and every... |
2013 |
| Stephen Clowney |
Landscape Fairness: Removing Discrimination from the Built Environment |
2013 Utah Law Review 1 (2013) |
At its core, this Article argues that the everyday landscape is one of the most overlooked instruments of modern race-making. Drawing on evidence from geography and sociology, the Article begins by demonstrating that the built environment inscribes selective and misleading versions of the past in solid, material forms. These narratives--told... |
2013 |
| Dorothy E. Roberts |
Law, Race, and Biotechnology: Toward a Biopolitical and Transdisciplinary Paradigm |
9 Annual Review of Law and Social Science 149 (2013) |
biotechnologies, biopolitics, genomics, race, social justice For example, in 2005, the US Food and Drug Administration (FDA) approved the first racially labeled drug, BiDil, to treat heart failure in self-identified African American patients (Kahn 2013). Eggs and sperm are solicited and sold according to race in the marketplace of... |
2013 |
| Michele Goodwin |
Law's Limits: Regulating Statutory Rape Law |
2013 Wisconsin Law Review 481 (2013) |
This Article examines statutory rape cases of the last decade and submits that both the apparatus to police sexual violence against minors--statutory rape laws--as well as their application against consenting minors create legally untenable, absurd results that frequently impose legal and extralegal burdens on minors that may exceed that of adult,... |
2013 |
| George J. Annas , Catherine L. Annas |
Legally Blind: the Therapeutic Illusion in the Support Study of Extremely Premature Infants |
30 Journal of Contemporary Health Law and Policy 1 (Fall, 2013) |
Physician-researchers follow a protocol to generate generalizable knowledge; physicians have a duty to treat patients in ways they and their patients think best. In both activities, research and treatment, physicians often see themselves simply as physicians, practicing medicine. Sick people have similar perception difficulties, and prefer to think... |
2013 |
| Bijal Shah |
Lgbt Identity in Immigration |
45 Columbia Human Rights Law Review 100 (Fall, 2013) |
The partial invalidation of the Defense of Marriage Act (DOMA) and national focus on comprehensive immigration reform has brought lesbian, gay, bisexual, and transgender (LGBT) immigrants to the forefront. This Article is the first to undertake a close examination of asymmetries in the impact of LGBT identity on access to United States citizenship.... |
2013 |
| Chancellor Frank H. Wu |
Living up to Our Ideals: What Race Means in Higher Education Now |
48 University of San Francisco Law Review 327 (Fall 2013) |
LET ME START WITH A DIGRESSION. You know there is this stereotype, or at least there used to be a stereotype, of Asians as polite and deferential. And whenever someone would say to me, Oh, you Asians, you're all so polite, I would want to give them a very rude gesture. And you might wonder why that is, because it is after all seemingly positive.... |
2013 |
| Jennifer B. Wriggins |
Mandates, Markets, and Risk: Auto Insurance and the Affordable Care Act |
19 Connecticut Insurance Law Journal 275 (2012-2013) |
Now that the Affordable Care Act (ACA) individual health insurance mandate has been upheld by the United States Supreme Court, it is an opportune time to examine precedents for the individual mandate that were not considered in the legislative debate or litigation about the ACA's constitutionality, particularly auto insurance mandates. Although... |
2013 |
| Linda Simoni-wastila , Francis B. Palumbo |
Medical Marijuana Legislation: What We Know--and Don't |
16 Journal of Health Care Law and Policy 59 (2013) |
The use of marijuana as a medicinal agent available to individuals suffering from pain, glaucoma, wasting syndromes associated with HIV and AIDS, nausea from chemotherapy, and a host of other medical conditions and symptoms has become more widely accepted. Over the past decade, eighteen states and the District of Columbia have adopted medical... |
2013 |
| Alfred J. Chiplin Jr., Esq., Bethany J. Lilly, Esq. |
Medicare's Future: Letting the Affordable Care Act Work, While Learning from the past |
9 NAELA Journal 25 (Spring, 2013) |
I. The Historical Debate Over Public Health Insurance in the United States 28 A. The Pre-Medicare Debate 29 B. The Current Medicare System 38 II. Current Medicare Solvency Concerns 41 III. The Affordable Care Act and Medicare 45 A. Medicare Shared Savings Program (MSSP) and Accountable Care Organizations (ACOs) 47 B. ACOs and Quality Measures... |
2013 |
| Daniel S. Goldberg, J.D., Ph.D. |
Mild Traumatic Brain Injury, the National Football League, and the Manufacture of Doubt: an Ethical, Legal, and Historical Analysis |
34 Journal of Legal Medicine 157 (April-June, 2013) |
Every people, the proverb has it, loves their own form of violence. HALF a league, half a league, Half a league onward, All in the valley of Death Rode the six hundred. In June 2012, attorneys representing over 2500 individual lawsuits against the National Football League (NFL) and helmet manufacturer Riddell, Inc. filed a motion in the United... |
2013 |
| Kathryn A. Mayer |
Negotiating past the Zero-sum of Intractable Sovereignty Positions by Exploring the Potential of Possible Party Interests: a Proposed Dispute Resolution Framework for the Tobacco Tax Debacle Between the State of New York & the Seneca Nation of Indians |
28 Ohio State Journal on Dispute Resolution 771 (2013) |
In 1994, the Supreme Court declared in Department of Taxation & Finance of New York v. Milhelm Attea & Bros., Inc. that legislation passed by the State of New York imposing state taxes on cigarette sales made on Indian reservations to non-Indians was facially permissible. However, by August 13, 2010-over a decade after the Supreme Court issued its... |
2013 |
| Anthony V. Alfieri, Angela Onwuachi-Willig |
Next-generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance |
122 Yale Law Journal 1484 (April, 2013) |
This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights... |
2013 |
| Susan R. Klein, Ingrid B. Grobey |
Overfederalization of Criminal Law? It's a Myth |
28-SPG Criminal Justice 23 (Spring, 2013) |
When Mitt Romney lambasted Barack Obama during a 2012 presidential debate for the overzealous use of the Migratory Bird Treaty Act (MBTA) to prosecute patriotic American oil corporations that were merely trying to provide for the country's energy needs, he joined most criminal law scholars who bemoan what they call the overfederalization of... |
2013 |
| Cynthia Godsoe |
Parsing Parenthood |
17 Lewis & Clark Law Review 113 (2013) |
The story public family law tells about parenthood is both inaccurate and normatively misguided. Parents are deemed bad because of their need for state support, and the parent-child relationship is accordingly devalued. This devaluation has resulted in costly and ineffective child welfare policies, embodied in the Adoption and Safe Families Act... |
2013 |
| Alicia Ouellette |
Patients to Peers: Barriers and Opportunities for Doctors with Disabilities |
13 Nevada Law Journal 645 (Spring 2013) |
In May 2012, the National Disability Rights Network issued a report entitled Devaluing People with Disabilities: Medical Procedures That Violate Civil Rights. The report is an indictment of a health care system that fails to recognize the value of life with disability, despite the importance of the health care system in the lives of people with... |
2013 |
| Andrea Freeman |
Payback: a Structural Analysis of the Credit Card Problem |
55 Arizona Law Review 151 (Spring, 2013) |
The market failure deemed the credit card problem is in fact a story of unprecedented market success. Advanced underwriting technology has facilitated identification of the most profitable credit card consumer as one who is on the verge of bankruptcy. The resulting market segmentation represents a massive upward redistribution of wealth from the... |
2013 |
| Janine Young Kim |
Postracialism: Race after Exclusion |
17 Lewis & Clark Law Review 1063 (2013) |
This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... |
2013 |
| Richard Delgado |
Precious Knowledge: State Bans on Ethnic Studies, Book Traffickers (Librotraficantes), and a New Type of Race Trial |
91 North Carolina Law Review 1513 (June, 2013) |
The rapid growth of populations of color, particularly relatively young groups like Latinos, has generated an increasing number of conflicts over schools and schooling. One such controversy erupted in Tucson, Arizona, over a successful Mexican American Studies program in the public schools. The controversy featured accusations that the program was... |
2013 |
| Jennifer A.L. Sheldon-Sherman |
Preventing Child Maltreatment Fatalities |
20 Virginia Journal of Social Policy and the Law 365 (Spring 2013) |
Every ten seconds, a report of child abuse or neglect is made in the United States, and every day, four children die as a result of these acts or omissions. In the past ten years, over 15,000 children died from maltreatment. Despite these numbers, there is still much to learn about the children who die from abuse and neglect, the individuals who... |
2013 |
| Anita L. Allen |
Privacy Law: Positive Theory and Normative Practice |
126 Harvard Law Review Forum 241 (May, 2013) |
Professor Lior Strahilevitz's article Toward a Positive Theory of Privacy Law urges novel positive approaches to privacy law scholarship. Positive theories of law employ empirical and analytical methods to describe what the law is, how it came to be, and what its consequences may be. Grounded in median voter models and public choice theory... |
2013 |
| Amanda Harmon Cooley |
Promissory Education: Reforming the Federal Student Loan Counseling Process to Promote Informed Access and to Reduce Student Debt Burdens |
46 Connecticut Law Review 119 (November, 2013) |
Student loan debt in the United States is now estimated to exceed one trillion dollars. However, in obtaining financial assistance, many postsecondary students do not contemplate the long-term implications of the legal obligations that they accept as conditions for receipt of student loan funds. This mass failure to realize the requirements... |
2013 |
| Harvey M. Tettlebaum |
Quality Measurements, Payment, and the Law: Disincentives to Physician-patient Discussions of End-of-life Care |
6 Journal of Health & Life Sciences Law 63 (June, 2013) |
ABSTRACT: With passage of the Affordable Care Act, the government is playing a dramatically increasing role in not only payment for healthcare but also the standards by which care is delivered. Therefore, it is important that the disincentives to patient discussions of end-of-life care in the laws and regulations, and the mechanisms used to enforce... |
2013 |
| Starla J. Williams |
Reforming Mandated Reporting Laws after Sandusky |
22-SPG Kansas Journal of Law & Public Policy 235 (Spring, 2013) |
The child sexual abuse case at Penn State University (University or Penn State) exposes numerous gaps in mandated reporting requirements of suspected child abuse. Details of the allegations underlying the conviction of former Penn State football coach Gerald (Jerry) Sandusky are undeniably shocking; however, the public is most outraged by charges... |
2013 |
| Ryan Seelau |
Regaining Control over the Children: Reversing the Legacy of Assimilative Policies in Education, Child Welfare, and Juvenile Justice That Targeted Native American Youth |
37 American Indian Law Review 63 (2012-2013) |
It is conservatively estimated that in 1491 there were at least forty million people living in the Americas. By the time the United States was founded in 1776, that number had decreased so substantially that federal Indian policy during President Washington's tenure was to let non-Indian population growth force the savage as the wolf, to retire.... |
2013 |
| Michelle N. Meyer |
Regulating the Production of Knowledge: Research Risk-benefit Analysis and the Heterogeneity Problem |
65 Administrative Law Review 237 (Spring, 2013) |
C1-3Table of Contents L1-2Introduction . L3239 I. Background. 243 A. Statutory Basis for IRB Review. 243 B. Regulations Governing IRB Review. 245 1. Covered Actors. 245 2. Covered Activities. 247 II. The Heterogeneity Problem. 250 A. Heterogeneity in Research Risks. 251 1. Psychological Risks. 251 a. Trauma Research and the Risk of Revictimization.... |
2013 |
| Timothy E. Wirth |
Remarks of the Honorable Timothy E. Wirth: Symposium in Honor of David H. Getches |
84 University of Colorado Law Review 229 (Winter, 2013) |
Good morning and thank you all for coming. I feel privileged to be here today to join you in reflecting on the life and work of David Getches, one of the real treasures of the legal profession, of environmental history, of this University, and [of] our broader community. David was my friend--we ran rivers together, talked a lot of politics, and he... |
2013 |
| Franklin A. Gevurtz |
Report Regarding the 2011 Pacific Mcgeorge Workshop on Promoting Intercultural Legal Competence (The "Tahoe Ii" Conference) |
26 Pacific McGeorge Global Business & Development Law Journal 63 (2013) |
I. Introduction. 63 II. Outcomes For Intercultural Legal Competence. 69 A. Meta-Outcomes. 70 1. Utilitarian versus Instrumentalist Goals. 71 2. Transnational versus Domestic Contexts. 73 3. Assumptions About Lawyers and Legal Education. 75 a. The Role of Lawyers. 75 b. Realistic Goals for Legal Education. 77 B. Specific Learning Outcomes. 78 1.... |
2013 |
| Zakiya Luna , Kristin Luker |
Reproductive Justice |
9 Annual Review of Law and Social Science 327 (2013) |
reproductive justice, reproductive rights, social movements, intersectionality, criminalization The authors examine the development of reproductive rights, a law-focused movement, and reproductive justice, a social justice-aimed movement that emphasizes intersecting social identities (e.g., gender, race, and class) and community-developed solutions... |
2013 |
| Richael Faithful |
Response to Brett Degroff's Book Review of the New Jim Crow Michelle Alexander, the New Jim Crow: Mass Incarceration in the Age of Colorblindness, New York: the New Mress, 2010. 290 Pp. |
70 National Lawyers Guild Review 122 (Summer, 2013) |
Professor Michelle Alexander's The New Jim Crow: Mass Incarceration in the Age of Colorblindness is one of the most influential political books of the new century. It delivers two appeals. First, she urges that the current mass incarceration crisis, taking form over three decades of bi-partisan tough on crime political rhetoric, demands immediate... |
2013 |
| Mary Ziegler |
Roe's Race: the Supreme Court, Population Control, and Reproductive Justice |
25 Yale Journal of Law & Feminism 1 (2013) |
Abstract: Questions of race and abortion have shaped current legal debates about defunding Planned Parenthood and banning race-selection abortion. In these discussions, abortion opponents draw a close connection between the eugenic or population-control movements of the twentieth century and the contemporary abortion-rights movement. In challenging... |
2013 |
| Aziza Ahmed |
Rugged Vaginas and "Vulnerable Rectums": the Sexual Identity, Epidemiology, and Law of the Global Hiv Epidemic |
26 Columbia Journal of Gender and Law 1 (2013) |
AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this Article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the identity/risk narrative: the commonsense understanding about an... |
2013 |
| Jim Hawkins |
Selling Art: an Empirical Assessment of Advertising on Fertility Clinics' Websites |
88 Indiana Law Journal 1147 (Fall, 2013) |
Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors'. This Article offers evidence about how clinics sell ART based... |
2013 |