AuthorTitleCitationSummaryYear
Alexandra Hall Italy's Health Care System: Reducing Regional Disparities for At-risk Populations 21 Annals of Health Law Advance Directive 126 (Spring, 2012) Nations across the world have implemented innovative health systems. As a global leader, the United States would benefit from modeling parts of its system based on successful policies in other countries. The main objectives of health care reform in the U.S. reside in the areas of cost containment and the expansion of insurance coverage. Whether... 2012
Francine Banner It's Not All Flowers and Daisies: Masculinity, Heteronormativity and the Obscuring of Lesbian Identity in the Repeal of "Don't Ask, Don't Tell" 24 Yale Journal of Law & Feminism 61 (2012) ABSTRACT: This Essay critiques from a feminist perspective the repeal of Public Law 103-160, 10 U.S.C. § 654, colloquially known as Don't Ask, Don't Tell, exploring previously unexposed connections between increasing rates of sexual assault in the U.S. military and the longstanding, disproportionate enforcement of military anti-homosexuality... 2012
Shardé C. Thomas It's Not You, It's Me: Necessity of Including Cultural Factors in Clinical Research 30 Law & Inequality: A Journal of Theory and Practice 179 (Winter 2012) An estimated 20-30% of all United States clinical trials are outsourced to countries such as Poland, India, and Mexico. For both domestic and outsourced clinical trials, language barriers and a lack of cultural understanding are a constant source of problems. In 1993, the National Institutes of Health Revitalization Act (NIHRA) was passed with a... 2012
Nathan S. Richards Judicial Resolution of Emtala Screening Claims at Summary Judgment 87 New York University Law Review 591 (May, 2012) The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute that requires hospitals to screen and, if necessary, treat and stabilize every individual who comes to the emergency department. To comply with EMTALA, a hospital's screening must be performed uniformly for patients with similar symptoms. Courts have undermined the... 2012
Tommie Shelby Justice, Work, and the Ghetto Poor 6 Law & Ethics of Human Rights 70 (December, 2012) In view of the explanatory significance of joblessness, some social scientists, policymakers, and commentators have advocated strong measures to ensure that the ghetto poor work, including mandating work as a condition of receiving welfare benefits. Indeed, across the ideological political spectrum, work is often seen as a moral or civic duty and... 2012
Alvin W. Cohn, D.Crim., President, Administration of Justice Services, Inc. Juvenile Focus 76-JUN Federal Probation 49 (June, 2012) OJJDP has published National Center for Youth in Custody. This fact sheet provides an overview of the mission, objectives, and services of the recently launched National Center for Youth in Custody. Emphasizing the rehabilitative goals of the juvenile justice system, the center will deliver training and technical assistance; identify, document, and... 2012
Creighton J. Miller, Jr. , Annmarie Zell Keeping up with New Legal Titles 104 Law Library Journal 577 (Fall, 2012) Bainbridge, Stephen M. Corporate Governance After the Financial Crisis. New York: Oxford University Press, 2012. 283p. $65. ¶1 In his latest book, Corporate Governance After the Financial Crisis, Professor Stephen M. Bainbridge asserts that, in the wake of the significant economic setbacks of the past decade, Congress abandoned its traditional... 2012
Honorable Donna M. Christensen Keynote Address 55 Howard Law Journal 679 (Spring 2012) I would like to take this opportunity to thank Dean Kurt Schmoke, the Howard Law Journal, the law firms of Sidley Austin and Debevoise & Plimpton, National Bar Association President Daryl Parks, and members of the Branton family for inviting me to speak at this year's Wiley A. Branton/Howard Law Journal Symposium. It is truly an honor to speak at... 2012
Dean Spade Laws as Tactics 21 Columbia Journal of Gender and Law 40 (2012) It seems to me that the real political task in a society such as ours is to criticize the workings of institutions that appear to be both neutral and independent, to criticize and attack them in such a manner that political violence that has always exercised itself through them will be unmasked so that one can fight against them. If we want right... 2012
Jerome H. Skolnick Legacies of Legal Realism: the Sociology of Criminal Law and Criminal Justice 8 Annual Review of Law and Social Science 1 (2012) legal realism, Harold Lasswell, Russell Sage, Richard Schwartz, Philip Selznick, jurisprudence and social policy, mass imprisonment In this article, I trace the history of the sociology of law from its roots at Yale Law School to the present. The legal realists, situated at Yale Law in the 1930s, saw the law as an instrument of policy. Building on... 2012
Robert T. Carter, Ph.D. , Thomas D. Scheuermann, M.A., J.D. Legal and Policy Standards for Addressing Workplace Racism: Employer Liability and Shared Responsibility for Race-based Traumatic Stress 12 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring 2012) With the celebrated election of the first African-American President, the United States has come a long way from the ugly days of Jim Crow, but there is a paucity of evidence that we are living in anything approaching a post-racial America. While overt bigotry may have receded in recent decades, rumors of its demise as an ongoing social problem... 2012
Stephen B. Thomas , Craig S. Fryer, Mary A. Garza, James Butler, III , Erica T. Casper , Sandra C. Quinn Less Talk More Action: Accelerating Innovative Strategies to Eliminate Racial and Ethnic Health Disparities 55 Howard Law Journal 705 (Spring 2012) INTRODUCTION. 706 I. FROM NEGRO HEALTH IMPROVEMENT TO HEALTH EQUITY: AN HISTORICAL PERSPECTIVE. 706 II. FIRST GENERATION DISPARITIES RESEARCH: THE EVIDENCE. 709 III. SECOND GENERATION DISPARITIES RESEARCH: THE REASONS WHY. 711 IV. THIRD GENERATION DISPARITIES RESEARCH: PROVIDING SOLUTIONS. 716 A. Healthy People 2020. 716 B. The Affordable Care Act... 2012
Ann Marie Marciarille Let Fifty Flowers Bloom: Health Care Federalism after National Federation of Independent Business V. Sebelius 81 UMKC Law Review 313 (Winter 2012) The Supreme Court's June 2012 decision in National Federation of Independent Business v. Sebelius on the issue of Medicid expansion has opened a huge can of worms. The need to re-balance Medicaid has now become a topic of general public discourse both because of the decision and because of its coincidence with the 2012 election cycle. Medicaid was... 2012
Erik Loomis , Ryan Edgington Lives under the Canopy: Spotted Owls and Loggers in Western Forests 52 Natural Resources Journal 99 (Spring 2012) The Endangered Species Act of 1973 (ESA) was passed with bipartisan support as part of a broad environmental program during the 1960s and 1970s. The ESA sought to promote biodiversity and restore ecological balance to U.S. environments. But, as ancient forests disappeared in the American West, environmentalists began to use the ESA as a blunt... 2012
Laura E. Gómez Looking for Race in All the Wrong Places 46 Law and Society Review 221 (June, 2012) It has been my honor to serve as president of the Law and Society Association (LSA) for the past two years, and I am delighted to deliver this address as my term closes and as I turn over the reins to president-elect Michael McCann. Let me begin my formal remarks today by acknowledging my mother, Eloyda Gonzales Gómez, and my son, Alejandro Gómez,... 2012
Keynote Speaker: Lisa F. Garcia Loyola Law Review Symposium: Perspectives on Environmental Justice 58 Loyola Law Review 401 (Summer 2012) It's my pleasure right now to introduce a good friend that I met while I was working in government at the EPA. I am going to introduce the EPA's Senior Advisor to the Administrator for Environmental Justice, and who also holds the title of Associate Assistant Administrator for Environmental Justice. Those are two titles that never existed before in... 2012
Christopher Wildeman , Christopher Muller Mass Imprisonment and Inequality in Health and Family Life 8 Annual Review of Law and Social Science 11 (2012) mass imprisonment, stratification, mechanisms, causal inference In response to drastic increases and enduring disparities in American imprisonment, researchers have produced an expansive literature on the effects of mass imprisonment on inequality in America. We discuss this literature in three parts. First, we consider the obstacles to estimating... 2012
Brietta R. Clark Medicaid Access, Rate Setting and Payment Suits: How the Obama Administration Is Undermining its Own Health Reform Goals 55 Howard Law Journal 771 (Spring 2012) INTRODUCTION. 772 I. ACCESS CRISIS AND LINK TO MEDICAID PROGRAM ADMINISTRATION. 777 A. Benefits of Medicaid Coverage. 779 B. Access Barriers for Medicaid Beneficiaries Linked to Low Reimbursement. 785 C. The Real Cost of the Medicaid Program and Impact of Further Cuts. 788 II. MEDICAID POLICY V. LAW: HOW THE MEDICAID ACT BALANCES SPENDING AND... 2012
Nabilah Irshad Medical Repatriations: Death Sentencing United States Immigrants 20 Transnational Law & Contemporary Problems 797 (Winter 2012) I. Unveiling Private Hospital Deportations in the United States. 798 II. Documented and Undocumented Immigrant Population and Uninsured Rates in the United States. 800 III. Immigrant Access to Healthcare in United States. 801 A. State Regulation. 801 B. Federal Regulation. 802 1. Early Federal Regulations. 802 2. Current Federal Regulations. 804 a.... 2012
Monica Carmean Medical-legal Partnerships: Unmet Potential for Legislative Advocacy 19 Georgetown Journal on Poverty Law and Policy 499 (Summer, 2012) Medical-legal partnerships provide medical and legal services to underserviced populations at a centralized medical hub. As such, they have been extremely successful in providing legal prevention and solutions for medical symptoms in poor communities. However, medical-legal partnerships could transform the lives of the poor even more effectively by... 2012
Alexander W. Wing Medically Unnecessary: How the Flaws in Medicare Part D's Coverage of Off-label Medicines with Demonstrable Medical Necessity Prevents Better Healthcare Outcomes, Including for Beneficiaries with Psychiatric Disorders 19 Connecticut Insurance Law Journal 209 (Fall, 2012) This article examines the hardships faced by Medicare Part D patients, and especially mental health patients, with respect to obtaining coverage for necessary but off-label drug prescriptions. The article posits that the Medicare Part D system, as it currently exists, is failing not only in its mission for quality of care, but also in its... 2012
Margaret McFarland, Editor-in-Chief Mobile Homeowners in the Southwest: Financial Behaviors and Economic Mobility Aspirations During Tough Times 41 Real Estate Review Journal 5 (Spring 2012) Barbara Robles is a member of the Board of Governors of the Federal Reserve System, Washington, DC and holds a PhD in Economics from the University of Maryland. The views expressed here are those of the author and do not necessarily represent the views of the Board of Governors of the Federal Reserve System. 2012
Camille M. Davidson My Aging Minority Rural Grandparents: Disparities in the Health and Health Care of the Rural Elderly Minority Population and the Need for Culturally Competent Health Care Providers 21 American University Journal of Gender, Social Policy and the Law 57 (2012) I. Introduction. 58 II. Cultural Competency and the Rural Elderly African American Population. 60 A. My Grandparents: Super-elderly, Rural, and African American. 60 B. The Demise of the Patient-Provider Relationship and the Importance of Cultural Competence. 63 C. Culturally Competent Medical Professionals Are Necessary to Eliminate Health and... 2012
William P. Marshall National Healthcare and American Constitutional Culture 35 Harvard Journal of Law & Public Policy 131 (Winter, 2012) There is no serious constitutional argument of which I am aware suggesting that the federal government cannot provide free healthcare to every individual in the United States. Nor is there any sound constitutional claim that the United States could not raise taxes or find other sources of revenue to fund such a program. But as the public reaction... 2012
Koral E. Fusselman Native American Health Care: Is the Indian Health Care Reauthorization and Improvement Act of 2009 Enough to Address Persistent Health Problems Within the Native American Community? 18 Washington and Lee Journal of Civil Rights and Social Justice 389 (Spring, 2012) Introduction. 390 I. Origins of the Federal Government's Obligation for Indian Health Care. 394 A. Historical Foundations. 394 B. Indian Health Care Improvement Act of 1976 and Subsequent Amendments. 396 II. Problems Plaguing Native Populations. 400 A. High Vacancy Rates of Health Practitioners. 400 B. High Rates of Diabetes. 402 C. Behavioral... 2012
Garry W. Jenkins Nongovernmental Organizations and the Forces Against Them: Lessons of the Anti-ngo Movement 37 Brooklyn Journal of International Law 459 (2012) Introduction. 459 I. Understanding NGOs. 465 A. Overview and Terminology. 467 B. Origins and Growth. 469 C. Explaining the NGO Explosion. 474 II. The Anti-NGO Movement. 479 A. Critics from the Right. 482 B. Critics from the Left. 487 C. Government Responses. 492 1. Expulsion of NGOs. 494 2. Control of NGO Activities. 499 3. Bureaucratic Barriers.... 2012
Kate Meals Nurturing the Seeds of Food Justice: Unearthing the Impact of Institutionalized Racism on Access to Healthy Food in Urban African-american Communities 15 Scholar: St. Mary's Law Review on Race and Social Justice 97 (2012) I. Introduction. 98 II. Background. 103 A. Who are the Hungry?. 104 B. Enter Food Justice: A Community Movement for Change. 111 III. No Right to Food in the United States?. 114 IV. Urban Communities. 116 A. White Flight: A Brief History of Segregation and Ghettoization. 116 B. Grocery Stores Leave Urban Areas. 120 1. Transportation Barriers. 121 2.... 2012
Annemarie Daly Linares Opioid Pseudoaddiction: a Casualty of the War on Drugs, Racism, Sexism, and Opiophobia 15 Quinnipiac Health Law Journal 89 (2011-2012) Pain is one of the most pervasively dreaded of all of the symptoms of illness, and yet, the under-treatment of pain occurs frequently. In the United States, under-treated pain occurs in sixty to seventy percent of patients. Since the 1990's, organizations like the American Pain Society have brought the issue of under-treatment of pain to national... 2012
Robert F. Blomquist Overinterpreting Law 116 Penn State Law Review 1081 (Spring 2012) Overinterpretation has attracted considerable attention in other fields, such as literary studies, science, and rhetoric, but it is under-theorized in law. This Article attempts to initiate a theory of legal overinterpretation by examining the rhetorical nature of excess, the sociological dimensions of roles in team performances, and citation to... 2012
Kimani Paul-Emile Patients' Racial Preferences and the Medical Culture of Accommodation 60 UCLA Law Review 462 (December, 2012) One of medicine's open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician's racial identity, and hospitals typically yield to patients' racial preferences. This widely practiced, if rarely acknowledged, phenomenon--about which there is new empirical evidence--poses a fundamental dilemma for law,... 2012
Patrick S. Metze Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline 16 U.C. Davis Journal of Juvenile Law & Policy 203 (Winter 2012) As timely as today's headlines, I take a critical look at the failure of the public schools to educate our children. Criminalized and alienated, students of color and economic disadvantage are forced out of their schools and into the juvenile justice system as the first step to a life of reduced expectations and productivity. We are failing to... 2012
Daniel A. Farber Pollution Markets and Social Equity: Analyzing the Fairness of Cap and Trade 39 Ecology Law Quarterly 1 (2012) This Article considers three fairness issues relating to a cap-and-trade system: fairness to industry, fairness to communities disproportionately impacted by pollution, and fairness to low-income energy consumers. First, assuming any compensation of industry is warranted, free allowances would overcompensate firms for the cost of achieving emission... 2012
Kojo Yelpaala Quo Vadis Wto? The Threat of Trips and the Biodiversity Convention to Human Health and Food Security 30 Boston University International Law Journal 55 (Spring 2012) I. Introduction. 57 II. Threat to Human Health and Food Security. 70 A. The Nature and Scope of the Threat. 71 B. Global Financial Flows in Health Research. 75 C. The Impact of TRIPS on Health and Economic Development. 79 D. Summary. 88 III. The TRIPS Response. 88 A. Implications of the Objectives and Principles of TRIPS. 99 IV. The General... 2012
Christian M. Halliburton Race, Brain Science, and Critical Decision-making in the Context of Constitutional Criminal Procedure 47 Gonzaga Law Review 319 (2011-2012) Introduction. 319 I. Implications of the Race-Conscious Brain. 323 A. Amygdala Activation, Memory, and the Race/Emotion Complex. 323 B. Race and Trust. 327 C. Race Bias, Reflection, and Non-Awareness. 329 II. When and Where Does This Matter? Perception and Decision-Making in the Context of Race. 330 A. Eyewitness Identification. 331 B. Threat... 2012
Jonathan Purtle Racial and Ethnic Disparities in Post-disaster Mental Health: Examining the Evidence Through a Lens of Social Justice 19 Washington and Lee Journal of Civil Rights and Social Justice 31 (Fall, 2012) I. Introduction. 32 II. From Spanish Flu to Swine Flu: Racial and Ethnic Disparities in Disasters. 35 A. Communicating Risk: The Role of Language, Cultural, and Trust. 37 B. Looking Upstream: Site and Situation. 41 III. From Site and Situation to Post-Traumatic Stress: Exploring the Causes of the Causes. 44 A. The Goods of Social Justice and... 2012
Brandon Paradise Racially Transcendent Diversity 50 University of Louisville Law Review 415 (2012) The racial progress symbolized by Barack Obama's election to the U.S. Presidency, together with what many characterize as an Obama campaign that had at its center a racially transcendent theme, has led to widespread discussion of whether America has entered a post-racial era. To date, much commentary among race and law scholars has focused on... 2012
Raquel Aldana , Beth Lyon , Karla Mari McKanders Raising the Bar: Law Schools and Legal Institutions Leading to Educate Undocumented Students 44 Arizona State Law Journal 5 (Spring 2012) This article is dedicated to aspiring lawyers like Luis Pérez, a recent graduate of the UCLA School of Law. Luis was smuggled across the border with his parents by a coyote when he was eight years old. Like many other undocumented students in grade school, beginning days after his arrival from Mexico, Luis studied hard to master English and quickly... 2012
Michael Z. Green Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration 87 Indiana Law Journal 367 (Winter, 2012) I have asserted a firm conviction . . . that working together we can move beyond some of our old racial wounds, and that in fact we have no choice if we are to continue on the path of a more perfect union. For the African-American community, that path . . . also means binding our particular grievances . . . to the larger aspirations of all... 2012
Melissa McGee-Collier Reflection on Environmental Justice 81 Mississippi Law Journal 683 (2012) I have to begin this observation, by asking the question that perhaps has been asked by numerous individuals: What is environmental justice? I assert that in order to define environmental justice, one must first have an idea of what environmental injustice looks like. Ergo--based entirely on what I have witnessed both as an African American... 2012
L. Elizabeth Sarine Regulating the Social Pollution of Systemic Discrimination Caused by Implicit Bias 100 California Law Review 1359 (October, 2012) Incidents of discrimination due to implicit bias, or an unconscious prejudice in favor of or against certain groups, are extremely difficult to challenge in court because plaintiffs alleging discrimination in violation of the Equal Protection Clause must prove that the discrimination was purposeful. Since our legal system often fails to provide... 2012
Hilary Homenko Rehabilitating Opioid Regulation: a Prescription for the Fda's next Proposal of an Opioid Risk Evaluation and Mitigation Strategy (Rems) 22 Health Matrix: Journal of Law-Medicine 273 (2012) We are going to need to find a balance between ensuring patients can achieve adequate pain control with access to opioid therapies while taking steps to protect against addiction and death. FDA is not going to be able to do this alone. Introduction. 274 I. Problems Endemic to Opioid Use. 277 A. Abuse and Misuse by Chronic and Acute Pain... 2012
Philip Cantwell Relevant "Material": Importing the Principles of Informed Consent and Unconscionability to Analyze Consensual Medical Repatriations 6 Harvard Law & Policy Review 249 (Winter 2012) Antonio Torres, a teenage farmworker from Gila Bend, Arizona, suffered catastrophic injuries in a car accident in June 2008. Mr. Torres was a legal immigrant, but he carried no health insurance. His status barred him from federal healthcare funding. Soon after stabilizing him, the hospital began planning to repatriate the comatose Mr. Torres to... 2012
Marian Moser Jones Rising to the Surface: Disasters and Racial Health Disparities in American History 19 Washington and Lee Journal of Civil Rights and Social Justice 19 (Fall, 2012) Disasters are fundamentally social and cultural phenomena. Often, the solutions to disaster preparedness [and] response do not just involve technology. Of course we need warning systems, and of course, it is great to know that a hurricane is coming two days ahead of time [so] we can get out of the way. But fundamentally, we have to look at our... 2012
Sidney D. Watson Section 1557 of the Affordable Care Act: Civil Rights, Health Reform, Race, and Equity 55 Howard Law Journal 855 (Spring 2012) INTRODUCTION. 855 I. TITLE VI: THE LIMITS OF PRE-ACA CIVIL RIGHTS REMEDIES IN THE HEALTH CARE ARENA. 860 II. SECTION 1557: THE ACA'S ANTI-DISCRIMINATION PROVISION. 870 III. SECTION 1557 AND HEALTH REFORM IMPLEMENTATION. 881 CONCLUSION. 884 2012
Jack L. Sammons Some Concluding Reflections-recovering the Political: the Problem with Our Political Conversations 63 Mercer Law Review 899 (Spring 2012) That which challenges a person to response is the mystery of his or her own being. I am going to use parts of Gene Garver's thoughtful analysis to frame these remarks, as it did much of the conversation at the symposium, but without much concern about the troublesome distinction between epideictic and deliberative rhetoric. As long as it is... 2012
Jesse J. Norris, J.D., Ph.D. State Efforts to Reduce Racial Disparities in Criminal Justice: Empirical Analysis and Recommendations for Action 47 Gonzaga Law Review 493 (2011-2012) A number of states have begun high-level processes to analyze and reduce racial and ethnic disparities in the criminal justice system. This article provides a preliminary empirical evaluation of these efforts, focusing on both the governance and substantive content of the anti-disparities processes. Results indicate that these efforts are not... 2012
Betsey Stevenson, Justin Wolfers Subjective and Objective Indicators of Racial Progress 41 Journal of Legal Studies 459 (June, 2012) Progress in closing differences in many objective outcomes for blacks relative to whites has slowed, and even worsened, over the past 3 decades. However, over this period the racial gap in happiness has shrunk. In the early 1970s data revealed much lower levels of subjective well-being among blacks relative to whites. Investigating various measures... 2012
Justin D. Levinson Superbias: the Collision of Behavioral Economics and Implicit Social Cognition 45 Akron Law Review 591 (2011-2012) I. Introduction. 592 II. The Shared Cognitive Basis of Behavioral Law and Economics and Implicit Social Cognition. 597 A. The Contributions and Mechanics of Behavioral Law and Economics. 597 B. The Mechanics and Contributions of Implicit Social Cognition. 610 C. Sibling Relationship: The Similarities of Behavioral Economics and Implicit Social... 2012
Ereshnee Naidu Symbolic Reparations and Reconciliation: Lessons from South Africa 19 Buffalo Human Rights Law Review 251 (2012) With the growth of the transitional justice field in the past two decades, the issue of reparations for victims of gross human rights violations has taken center stage in national and international law and politics alike. The right to a remedy for such victims is asserted in a variety of the regional and international human rights documents that... 2012
Mary Crossley Tax-exempt Hospitals, Community Health Needs and Addressing Disparities 55 Howard Law Journal 687 (Spring 2012) INTRODUCTION. 687 I. BRIEF BACKGROUND REGARDING FEDERAL TAX-EXEMPTION STANDARDS FOR HOSPITALS. 690 II. THE ACA'S NEW REQUIREMENTS FOR TAX-EXEMPT HOSPITALS. 692 III. THE CHNA REQUIREMENT AND EFFORTS TO ADDRESS DISPARITIES. 695 IV. LEVERAGING THE NEW CHNA REQUIREMENT TO ADDRESS DISPARITIES. 696 V. BARRIERS TO USING THE CHNA AS A TOOL FOR ADDRESSING... 2012
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