| Author | Title | Citation | Summary | Year |
| Deborah Behles |
An Integrated Green Urban Electrical Grid |
36 William and Mary Environmental Law and Policy Review 671 (Spring, 2012) |
Relying on only renewable resources for generating electricity once seemed like a dream. Yet, an island in Denmark is now achieving that dream by generating all the electricity it needs with renewable resources. Other communities throughout the world now want to achieve this same milestone. To critics, these goals are not attainable due to the... |
2012 |
| Kasi Chadwick |
An Overview of the Implications of the Patient Protection and Affordable Care Act for Low-income Hispanics in Texas: a Case for Cross-border Health Care Models |
13 Houston Journal of Health Law & Policy 103 (Fall 2012) |
Health reform, especially health reform in Texas, may not result in a system that allows access for all. This paper outlines how, in Texas, those remaining uninsured even after the implementation of the Patient Protection and Affordable Care Act will likely be low-income Hispanics. A solution is proposed in cross-border health models that utilize... |
2012 |
| Rueben C. Warren, D.D.S., M.P.H., Dr. P.H., M.Div. , Luther S. Williams, Ph.D. |
Attorney Fred Gray: Another Drum Major for Justice |
3 Faulkner Law Review 253 (Spring, 2012) |
This article is an edited version of a symposium presentation entitled Attorney Fred Gray: Another Drum Major for Justice and was delivered on February 10, 2012, at Faulkner University, Thomas Goode Jones School of Law presented by the Black Law Student's Association, Faulkner Law Review, and the American Constitution Society. It focuses,... |
2012 |
| Margaux J. Hall , David C. Weiss |
Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights Law |
37 Yale Journal of International Law 309 (Summer 2012) |
I. Introduction. 310 II. Adapting to Climate Change: The Current Landscape. 315 A. The Challenge of Climate Change. 316 B. Adaptation Versus Mitigation in Climate Change Response. 319 1. Distinguishing Adaptation from Mitigation. 320 2. Limitations of Parsing Adaption from Mitigation. 324 C. Adaptation to Climate Change: International Efforts... |
2012 |
| Maggie H. Francis |
Beyond "Safe and Effective": the Role of the Federal Government in Supporting and Disseminating Comparative-effectiveness Research |
21 Annals of Health Law 329 (Winter 2012) |
One of the great successes of the United States health care system has been its ability to encourage the development of innovative drugs, devices, and treatments that have dramatically improved the health of Americans. Through the Food and Drug Administration (FDA), the federal government has played a key role in this process by standardizing and... |
2012 |
| Mary D. Fan |
Beyond Budget-cut Criminal Justice: the Future of Penal Law |
90 North Carolina Law Review 581 (March, 2012) |
American criminal justice is experiencing a perfect storm of budget-cut criminal justice reform and the awakening of courts to the role of checking penal severity. A wave of reforms is sweeping the states as budgetary shortfalls are leading to measures once virtually impossible or very difficult to enact such as expanded early release, conversion... |
2012 |
| Martha Albertson Fineman |
Beyond Identities: the Limits of an Antidiscrimination Approach to Equality |
92 Boston University Law Review 1713 (December, 2012) |
Introduction. 1713 I. Constituting Equality. 1716 A. Constitutions and Comparisons. 1716 B. Equality As Nondiscrimination: The U.S. Constitution. 1716 C. Equality As Antidiscrimination: Comparative Systems. 1716 D. Antidiscrimination As a Statutory Scheme. 1716 II. Positive Discrimination. 1716 A. Affirmative Action Abroad. 1716 B. Affirmative... |
2012 |
| Bahrad A. Sokhansanj |
Beyond Protecting Genetic Privacy: Understanding Genetic Discrimination Through its Disparate Impact on Racial Minorities |
2 Columbia Journal of Race and Law 279 (2012) |
At the very end of the last century, scientists produced the first draft of the whole human genetic sequence. But that was just the first step; the hard work of the first few decades of this century will be to learn more about how to apply genetic information to improve health. As the pace of technological development accelerates and we learn more... |
2012 |
| Olatunde C.A. Johnson |
Beyond the Private Attorney General: Equality Directives in American Law |
87 New York University Law Review 1339 (November, 2012) |
American civil rights regulation is generally understood as relying on private enforcement in courts rather than imposing positive duties on state actors to further equity goals. This Article argues that this dominant conception of American civil rights regulation is incomplete. American civil rights regulation also contains a set of equality... |
2012 |
| Jyoti Nanda |
Blind Discretion: Girls of Color & Delinquency in the Juvenile Justice System |
59 UCLA Law Review 1502 (August, 2012) |
The juvenile justice system was designed to empower its decisionmakers with a wide grant of discretion in hopes of better addressing youth in a more individualistic and holistic, and therefore more effective, manner. Unfortunately for girls of color in the system, this discretionary charter given to police, probation officers, and especially judges... |
2012 |
| Ralph C. Mayrell |
Blowing the Whistle on Civil Rights: Analyzing the False Claims Act as an Alternative Enforcement Method for Civil Rights Laws |
91 Texas Law Review 449 (December, 2012) |
Traditional antidiscrimination laws do not effectively deter or remedy civil rights violations by local governments and related entities. The federal government lacks the resources to litigate more than a limited number of large discrimination cases at one time. Individually injured civil rights litigants face significant statutory and... |
2012 |
| Ruqaiijah Yearby |
Breaking the Cycle of "Unequal Treatment" with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias |
44 Connecticut Law Review 1281 (April, 2012) |
Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (Title VI) and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never... |
2012 |
| Richard Delgado |
Centennial Reflections on the California Law Review's Scholarship on Race: the Structure of Civil Rights Thought |
100 California Law Review 431 (April, 2012) |
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but... |
2012 |
| Nancy Levit |
Changing Workforce Demographics and the Future of the Protected Class Approach |
16 Lewis & Clark Law Review 463 (Summer 2012) |
The composition and identity characteristics of the American workforce are changing. The population in this country is rising, aging, and becoming much more racially and ethnically diverse. Appearance norms are shifting, too. These changes have enormous implications for constitutional and employment discrimination law. In both equal protection and... |
2012 |
| Denise Cohen |
Childhood Obesity: Balancing the Nation's Interest with a Parent's Constitutional Right to Privacy |
10 Cardozo Public Law, Policy and Ethics Journal 357 (Spring 2012) |
Introduction. 358 I. Current Status of Public Health Crisis. 362 A. Background. 362 B. Risk Factors. 364 C. Consequences--The Basis of Government Interest in Childhood Obesity. 366 D. Current Approaches to Combating Childhood Obesity. 370 II. Current Status of Parents' Constitutional Right to Privacy. 374 A. Development of Fundamental Right to... |
2012 |
| Michael W. Dowdle |
Constitutional Listening |
88 Chicago-Kent Law Review 115 (2012) |
This essay explores a particular methodology of comparative constitutional analysis that it calls constitutional listening. This methodology is presented as an alternative to the structural, best-practices methodology that currently dominates comparative constitutional discourse. Derived from the interpretive principle of charity,... |
2012 |
| Ariela J. Gross |
Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement. By Tomiko Brown-nagin. New York, New York: Oxford University Press, 2010. 578 Pages. $34.95. |
90 Texas Law Review 1233 (April, 2012) |
In Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement, Tomiko Brown-Nagin brings us the definitive legal history of the civil rights movement from the bottom up. This rich, dense narrative account of the day-to-day creation of civil rights law at the local level finally gives the long civil rights movement its legal... |
2012 |
| Mary D. Fan |
Decentralizing Std Surveillance: Toward Better Informed Sexual Consent |
12 Yale Journal of Health Policy, Law & Ethics 1 (Winter 2012) |
Introduction. 3 I. The STD-Surveillant State Under Strain. 5 A. Budget Cuts and the Beleaguered Public Health Paradigm. 6 B. Heavier Burdens Borne by the Socially Marginalized. 8 1. The Historical Usual Out-Group Suspects. 9 2. Continued Heightened Focus. 10 II. An Evolving Public Health Challenge that Cuts Across Communities. 14 A. Shifting... |
2012 |
| Tamar R. Birckhead |
Delinquent by Reason of Poverty |
38 Washington University Journal of Law & Policy 53 (2012) |
This Article, written for the 12th Annual Access to Equal Justice Colloquium, explores the disproportionate representation of low-income children in the U.S. juvenile justice system. It examines the structural and institutional causes of this development, beginning with the most common points of entry into delinquency court--the child welfare... |
2012 |
| Richard Li-dar Wang |
Deviated, Unsound, and Self-retreating: a Critical Assessment of the Princo V. Itc En Banc Decision |
16 Marquette Intellectual Property Law Review 51 (Winter 2012) |
I. Introduction. 51 II. Philips CD-R/CR-RW Dispute and the en banc Decision. 56 III. Misuse Abridged: Deviating from Precedents and Legislative History. 59 A. Over-Construing Previous Decisions. 62 B. Deviating from Supreme Court Precedent. 65 C. Neglecting Legislative History. 69 IV. Unsound Policy Decision: Constraining Equitable Flexibility. 70... |
2012 |
| Louis J. Sirico, Jr. |
Donating and Procuring Organs: an Annotated Bibliography |
104 Law Library Journal 285 (Spring, 2012) |
This annotated bibliography surveys recent law review articles dealing with proposed systems for increasing the availability of organs for transplantation as well as related topics. Introduction. 285 Background. 286 Proposed Solutions to the Organ Shortage. 289 Motivating Potential Donors. 289 Noncompensatory Organ Procurement Systems. 292... |
2012 |
| Jason Reed |
Dual Failures: the Role of Race in Eighth Amendment Violations in Prisons |
31 Law & Inequality: A Journal of Theory and Practice 233 (Winter, 2012) |
The degree of civilization in a society can be judged by entering its prisons. - Fyodor Dostoyevsky The United States is home to 5% of the world's population, however, it houses nearly one quarter of the world's prison population. The prison population in the United States has been rising since the early 1970s. Since 1970, the prison population... |
2012 |
| Sonny Lee Hodgin |
Elder Wisdom: Adopting Canadian and Australian Approaches to Prosecuting Indigenous Offenders |
46 Valparaiso University Law Review 939 (Spring, 2012) |
Life can be difficult for members of the United States' Indigenous population. American Indians suffer from substantial socioeconomic hardships, resulting in disproportionally high rates of crime, victimization, and incarceration. When prosecuted in federal and state courts, Indians are often tried by non-Indian juries with a poor understanding of... |
2012 |
| Penelope Pether |
Engaging in Good Faith: Ethics, Archives, and Critical Constitutionalisms--an Invited Response to Samuel W. Calhoun, Stopping Philadelphia Abortion Provider Kermit Gosnell and Preventing Others like Him: an Outcome That Both Pro-choicers and Pro-lifers Sh |
57 Villanova Law Review 79 (2012) |
It's not that the [Roe] judgment was wrong, but it moved too far too fast, Ginsburg told a symposium at Columbia Law School marking the 40th anniversary of her joining the faculty as its first tenure-track female professor. . . . The court made a decision that made every abortion law in the country invalid, even the most liberal, Ginsburg... |
2012 |
| Alexandra Dapolito Dunn , Adam Weiss |
Environmental Justice in Permitting: State Innovations to Advance Accountability |
81 Mississippi Law Journal 747 (2012) |
L1-2Introduction . R3747. I. U.S. Environmental Protection Agency's Approach. 752 II. State Approaches. 754 A. A Policy Approach--Illinois. 755 B. An EJ Permit Policy--New York. 758 C. A Statutory Approach--Connecticut. 761 III. Moving States Forward. 765 L1-2Conclusion . R3768. |
2012 |
| Elizabeth J. Chen |
Equal Protection: Why the Hpv Vaccine Should Be Mandated for Both Boys and Girls |
38 Washington University Journal of Law & Policy 289 (2012) |
Human papillomavirus (HPV) is the most common sexually transmitted disease in the United States. If left untreated, it can cause cervical, penile, anal, mouth, and throat cancers, as well as genital warts. The new HPV vaccines eliminate two of the most common strains of the virus, which are known to cause 70% of cervical cancers. Cervical cancer is... |
2012 |
| Adam S. Chilton, Ryan W. Davis |
Equality, Procedural Justice, and the World Trade Organization |
7 Intercultural Human Rights Law Review 277 (2012) |
How can a moral concern for equality be implemented within international institutions? After several years of debate, legal theorists and political philosophers have moved toward the view that equality at least sometimes matters within international politics. Plenty of disagreement remains, but for this article we will take for granted that... |
2012 |
| Jennifer C. Pizer, Brad Sears, Christy Mallory, Nan D. Hunter |
Evidence of Persistent and Pervasive Workplace Discrimination Against Lgbt People: the Need for Federal Legislation Prohibiting Discrimination and Providing for Equal Employment Benefits |
45 Loyola of Los Angeles Law Review 715 (Spring 2012) |
Lesbian, gay, bisexual, and transgender (LGBT) people have experienced a long and pervasive history of employment discrimination. Today, more than eight million people in the American workforce identify as LGBT, but there still is no federal law that explicitly prohibits sexual orientation and gender identity discrimination against them. This... |
2012 |
| Amy B. Monahan |
Fairness Versus Welfare in Health Insurance Content Regulation |
2012 University of Illinois Law Review 139 (2012) |
Regulating the content of health insurance contracts, where the government determines which medical treatments and services must be covered, creates tension between principles of fairness and principles of welfare economics. Principles of fairness, after all, may require that all medical losses be shared within a community, while principles of... |
2012 |
| Daniel M. Reach |
Fitness Tax Credits: Costs, Benefits, and Viability |
7 Northwestern Journal of Law & Social Policy 352 (Spring, 2012) |
As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely... |
2012 |
| Margaret E. Johnson |
Foreword: Applying Feminism Globally |
41 University of Baltimore Law Review 217 (Winter 2012) |
Welcome to the University of Baltimore Law Review's first issue dedicated entirely to articles from the Center on Applied Feminism's Feminist Legal Theory Conference. It is with great enthusiasm for this new collaboration and the Conference itself that I write this foreword to the issue. The Center on Applied Feminism serves as a bridge between... |
2012 |
| Richard Delgado |
Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups |
112 Columbia Law Review 1883 (November, 2012) |
The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... |
2012 |
| Risa E. Kaufman |
Framing Economic, Social, and Cultural Rights at the U.n. |
4 Northeastern University Law Journal 407 (Fall, 2012) |
Domestic social justice advocates understand that economic, social, and cultural rights are inextricable from civil and political rights. Thus, the United States' failure to ratify core international human rights treaties addressing economic, social, and cultural (ESC) rights has not prevented advocates from engaging the United Nations' human... |
2012 |
| Kimberlé W. Crenshaw |
From Private Violence to Mass Incarceration: Thinking Intersectionally about Women, Race, and Social Control |
59 UCLA Law Review 1418 (August, 2012) |
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and... |
2012 |
| Jessica Elizabeth Palmer |
Genetic Gatekeepers: Regulating Direct-to-consumer Genomic Services in an Era of Participatory Medicine |
67 Food & Drug Law Journal 475 (2012) |
Those who seek to censor or burden free expression often assert that disfavored speech has adverse effects. But the fear that people would make bad decisions if given truthful information cannot justify content-based burdens on speech. The First Amendment directs us to be especially skeptical of regulations that seek to keep people in the dark for... |
2012 |
| Gwendolyn Roberts Majette |
Global Health Law Norms and the Ppaca Framework to Eliminate Health Disparities |
55 Howard Law Journal 887 (Spring 2012) |
INTRODUCTION. 890 I. GLOBAL HEALTH LAWS THAT IMPOSE A DUTY ON THE UNITED STATES TO REDUCE OR ELIMINATE HEALTH DISPARITIES. 893 A. The Right to Health Under the International Covenant on Economic, Social and Cultural Rights (ICESCR), General Comment 14, and Reports of the Special Rapporteur for Health. 894 B. The International Convention on the... |
2012 |
| Pratheepan Gulasekaram |
Guns and Membership in the American Polity |
21 William & Mary Bill of Rights Journal 619 (December, 2012) |
The gun is mythic in the American imagination. James Madison extolled its transformative and signifying powers when he argued in the Federalist Papers that the advantage of being armed is a characteristic that Americans possess over the people of almost every other nation. This advantage, in the hands of militiamen, has provided the... |
2012 |
| Emily Whelan Parento |
Health Equity, Healthy People 2020, and Coercive Legal Mechanisms as Necessary for the Achievement of Both |
58 Loyola Law Review 655 (Fall, 2012) |
I. INTRODUCTION. 656 II. PART II. 662 A. Health Equity, Health Disparities, and Federal Efforts to Eliminate Health Disparities. 662 1. The Importance of Health Equity. 663 2. Defining Health Equity and Health Disparities. 664 3. The Federal Government Role in Health Equity. 671 B. The Healthy People 2020 Goals In Relation To Health Equity. 674... |
2012 |
| Mark A. Rothstein , Gil Siegal |
Health Information Technology and Physicians' Duty to Notify Patients of New Medical Developments |
12 Houston Journal of Health Law & Policy 93 (Symposium 2012) |
Physicians' duties to their patients traditionally have been limited in time and scope to the specific episode of care or clinical encounter. Physicians generally have had no legal or ethical duty to notify patients about new, patient-specific medical information or general medical advances discovered after the patient's last episode of care.... |
2012 |
| Marshall B. Kapp |
Health Reform and the Affordable Care Act: Not Really Trusting the Consumer |
42 Stetson Law Review 9 (Fall, 2012) |
In 2010, Congress enacted two massive pieces of legislation significantly affecting most aspects of the American healthcare financing and delivery industry. The general philosophical and operational approach to health reform embodied in the Affordable Care Act (ACA) is one that is heavily biased in the direction of supply-side regulation. Many... |
2012 |
| Lindsay D. Houser |
Hindering Webcam Outreach on the Women's Healthcare Frontier: Why Abortion-specific Restrictions on Telemedicine Are Unconstitutional |
42 Stetson Law Review 169 (Fall, 2012) |
Men and women of good conscience can disagree, and we suppose some always shall disagree, about the profound moral and spiritual implications of terminating a pregnancy, even in its earliest stage. Some of us as individuals find abortion offensive to our most basic principles of morality, but that cannot control our decision. Our obligation is to... |
2012 |
| William A. Robinson, M.D., M.P.H. |
Historic and Personal Reflections on Hcqia |
33 Journal of Legal Medicine 43 (January-March, 2012) |
When I was approached by Professor Michele Mekel to be a presenter at the 13th Annual Health Policy Institute, hosted and co-sponsored by the Southern Illinois University Center for Health Law and Policy, I was informed the theme of the event was chosen in recognition of the year 2011 being the 25th Anniversary of the enactment of Public Law... |
2012 |
| Kevin C. Foy |
Home Is Where the Health Is: the Convergence of Environmental Justice, Affordable Housing, and Green Building |
30 Pace Environmental Law Review 1 (Fall 2012) |
Housing in the United States, at least prior to the recent economic downturn, came to be viewed as an investment that grew over time, and which could then be cashed in either for better housing or for other uses, much like a growth stock or savings account. But housing's fundamental purpose is to provide a decent place to live-a comfortable place... |
2012 |
| Robert I. Field |
How the Government Created and Sustains the Private Pharmaceutical Industry |
6 Saint Louis University Journal of Health Law & Policy 11 (2012) |
The private pharmaceutical industry is perennially one of the most profitable in the United States. Its success is built on a cascade of products, some of which generate billions of dollars in sales each year. New ones continually enter the market to replenish the supply. Companies that ultimately market new drugs are visible to all. Their partners... |
2012 |
| Ann Marie Marciarille |
How's My Doctoring? Patient Feedback's Role in Assessing Physician Quality |
14 DePaul Journal of Health Care Law 361 (Spring, 2012) |
A society-wide consumer revolution is underway with the rise of online user-generated review websites such as Yelp, Angie's List, and Zagat. Service provider reviews are now available with an intensity and scope that attracts increasing numbers of reviewers and readers. Health care providers are not exempt from this new consumer generated scrutiny... |
2012 |
| George Lipsitz |
In an Avalanche Every Snowflake Pleads Not Guilty: the Collateral Consequences of Mass Incarceration and Impediments to Women's Fair Housing Rights |
59 UCLA Law Review 1746 (August, 2012) |
In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from... |
2012 |
| Hanishi T. Ali, Ajay Verma, H. Jayesh, James Parkinson, Priyanka Sharma, Amer Raja, Dipak Rao, Sandeep Mohanty, Fernan Rodriguez, Timothy D. Richards, Alonso Sanchez |
India |
46 International Lawyer 553 (Spring 2012) |
India is witnessing a sea of change in its approach to the issue of corruption. In 2011, a number of high-profile corruption scandals galvanized the anti-corruption movement into action, resulting in wide-spread protest, increased enforcement activity, and legislative proposals in Parliament. Two major corruption scandals in quick succession,... |
2012 |
| Amber M. Charles |
Indifference, Interruption, and Immunodeficiency: the Impact and Implications of Inadequate Hiv/aids Care in U.s. Prisons |
92 Boston University Law Review 1979 (December, 2012) |
Introduction. 1981 I. HIV/AIDS in U.S. Prisons. 1983 A. The Discovery of HIV/AIDS. 1984 B. The Incidence of HIV/AIDS in Prison. 1985 C. Beyond Statistics: Causal Factors Impacting the Incidence of Infection. 1986 1. Race. . .. . ... 1987 2. Socioeconomic Status. 1988 3. Intravenous Drug Use. 1989 4. High-Risk Sexual Behavior. 1990 II. Treating... |
2012 |
| Rebecca Tsosie |
Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights |
87 Washington Law Review 1133 (December, 2012) |
Abstract: This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's account of epistemic injustice to show how indigenous peoples have been harmed by the... |
2012 |
| Shiv Narayan Persaud |
Is Color Blind Justice Also Culturally Blind? |
14 Berkeley Journal of African-American Law & Policy 23 (2012) |
As diverse ethnic groups continue to experience numeric growth and societal grounding in America, their advocacies for culturally competent representation within the legal system cannot be ignored or underplayed. Undoubtedly, some professions such as mental and physical health, and their related sectors, have developed and continue to integrate... |
2012 |