| Author | Title | Citation | Summary | Year |
| Janet L. Dolgin , Katherine R. Dieterich |
The "Other" Within: Health Care Reform, Class, and the Politics of Reproduction |
35 Seattle University Law Review 377 (Winter, 2012) |
Americans have long been reluctant to develop a system of universal health care, and they remain reluctant about implementing the Affordable Care Act, promulgated in 2010. The United States spends more on health care per capita than any other nation, yet the results of that expenditure are wanting. Various explanations for the gap between spending... |
2012 |
| Wendy K. Mariner |
The Affordable Care Act and Health Promotion: the Role of Insurance in Defining Responsibility for Health Risks and Costs |
50 Duquesne Law Review 271 (Spring, 2012) |
I. Introduction. 1 II. Insurance Reflects and Shapes Conceptions of Responsibility for Risk. 6 III. ACA Insurance Provisions to Promote Health. 12 IV. Chronic Disease: Prevention, Costs, and Wellness Programs. 21 A. Chronic Disease: Prevalence and Causes. 21 B. Employee Wellness Programs. 29 C. Evidence for Health Improvement. 35 D. Evidence for... |
2012 |
| Timothy S. Jost |
The Affordable Care Act: What's There to like about It? |
13 Engage: The Journal of the Federalist Society Practice Groups 13 (10/1/2012) |
I find myself in the awkward and ironic position of being asked to defend an essentially Republican health reform statute to a readership that I imagine largely sees the legislation as a government takeover of our health care system. The Patient Protection and Affordable Care Act (ACA) is not the legislation I would have drafted to reform our... |
2012 |
| Neha M. Sampat, Esmé V. Grant |
The Aspiring Attorney with Adhd: Bar Accommodations or a Bar to Practice? |
9 Hastings Race and Poverty Law Journal 291 (Summer, 2012) |
Sasha moved to the United States from South Asia when she was four years old, at a time of conflict in her birth country. Her parents did everything they thought was necessary to ensure that she would succeed. Sasha always faced difficulties taking timed tests and avoided an academic path that required formal rigorous testing. She pursued and... |
2012 |
| Jada J. Fehn |
The Assault on Bad Food: Tobacco-style Litigation as an Element of the Comprehensive Scheme to Fight Obesity |
67 Food & Drug Law Journal 65 (2012) |
When Vanessa Castillo was just 14 years old, she was diagnosed with Type 2 diabetes. Like low-income neighborhoods all over the country, the uptown neighborhood in New York where Castillo lives is disproportionately affected by the disease. One of the major challenges facing those like Castillo is access to healthy food. Food deserts, urban core... |
2012 |
| Carol Sanger |
The Birth of Death: Stillborn Birth Certificates and the Problem for Law |
100 California Law Review 269 (February, 2012) |
Queen Victoria [of Spain] was delivered of an infant Prince e stillborn at 4 o'clock this morning. . . . The body will be buried without ceremony in the royal pantheon at the Escurial Monastery. When told of her loss, the mother wept . . . . Victoria's Son Stillborn, New York Times, May 22, 1910 Stillbirth is a confounding event, a reproductive... |
2012 |
| Antonio de Moura Borges , Marcos Aurélio Pereira Valadão , Natacha Ward Sá |
The Bric Context in a Globalized World and Foreign Direct Investment in Brazil |
18 Law & Business Review of the Americas 329 (Summer 2012) |
I. INTRODUCTION. 330 II. THE ROLE OF THE EMERGING COUNTRIES IN A GLOBALIZED WORLD. 331 A. Globalization. 331 B. The New World Order. 333 C. The Century of New Technologies. 334 D. Other Aspects. 336 1. International Organizations. 338 E. The Interconnectivity and Cooperation Among Peoples. 339 F. The Third World. 340 G. The Creation of the Terms:... |
2012 |
| Robin Fretwell Wilson |
The Calculus of Accommodation: Contraception, Abortion, Same-sex Marriage, and Other Clashes Between Religion and the State |
53 Boston College Law Review 1417 (September, 2012) |
Abstract: This Article considers a burning issue in society today--whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The political maelstrom over the Obama administration's sterilization and contraceptive coverage mandate is just one of many clashes between religion and the... |
2012 |
| Joanna E. Cuevas Ingram |
The Color of Change: Voting Rights in the 21st Century and the California Voting Rights Act |
15 Harvard Latino Law Review 183 (Spring 2012) |
Introduction. 184 I. The Voting Rights Act of 1965 and The California Voting Rights Act. 189 II. U.S. Supreme Court Decisions on Federal VRA Standards. 195 A. Heightened Burdens of Proof for Potential Plaintiffs. 197 B. Post-Racial Penumbras. 197 C. The Politics of Containment: Post-Racial Opposition to Voting Rights Remedies. 202 D. The Full... |
2012 |
| Stacy E. Seicshnaydre |
The Fair Housing Choice Myth |
33 Cardozo Law Review 967 (February, 2012) |
The Fair Housing Choice Myth examines why racial segregation persists in residential neighborhoods despite the fact that the nation codified the policy of equal housing opportunity over four decades ago. In passing the Fair Housing Act in 1968, Congress expressed the purpose of replacing ghettoes by truly integrated and balanced living patterns.... |
2012 |
| Mary Pennisi |
The Global City: Globalizing Local Institutions |
11 Journal of International Business and Law 111 (2012) |
As the deterritorialization of the global economy blurred the distinction between the local and international levels, the global city has emerged as a salient spatial dimension of the globalized economic order. Many academics and theorists have focused on how external global factors have contributed to the rise of global cities, particularly... |
2012 |
| Matthew S. Bowman, Christopher P. Schandevel |
The Harmony Between Professional Conscience Rights and Patients' Right of Access |
6 Phoenix Law Review 31 (Fall 2012) |
I. Introduction. 32 II. Three Main Arguments Made for Access and Against Conscience Rights. 36 A. The Monopoly Argument. 37 B. The Legality Argument. 39 C. The Imposing Your Beliefs Argument. 40 III. All Three Access Arguments Fail on Their Own Terms. 42 A. The Monopoly Argument Gives Abortion-Choice Advocates a Monopoly Over Medicine. 43... |
2012 |
| Michele Mekel, J.D., M.H.A., M.B.A. |
The Health Care Quality Improvement Act of 1986 Meets the Era of Health Care Reform: Continuing Themes and Common Threads |
33 Journal of Legal Medicine 1 (January-March, 2012) |
After nearly two decades, the health care reform debate has become permanently intertwined in the nation's political and economic dialogue. Given the vast sums of money spent by Americans on health care each year and the sizable portion of the nation's gross domestic product health care consumes annually, this continuing thread should not... |
2012 |
| Mariela Olivares |
The Impact of Recessionary Politics on Latino-american and Immigrant Families: Schip Success and Dream Act Failure |
55 Howard Law Journal 359 (Winter 2012) |
INTRODUCTION. 359 I. SCHIP SURVIVES THE RECESSION. 364 A. Brief SCHIP Background and Gains in Health Care Statistics for Children of Color. 364 B. Recession Politics Endangered SCHIP Gains. 368 C. The Keys to SCHIP Success: Focus on Children and Keep Immigrants in the Shadows. 374 II. THE DEATH OF THE DREAM. 377 A. A Brief History of the DREAM Act.... |
2012 |
| Mac Darrow |
The Millennium Development Goals: Milestones or Millstones? Human Rights Priorities for the Post-2015 Development Agenda |
15 Yale Human Rights and Development Law Journal 55 (2012) |
In September 2010, world leaders met for the High Level Plenary Meeting on the Millennium Development Goals (MDGs Summit). The MDGs Summit took place with great fanfare, attracting close to 140 heads of state and government, as well as leaders from civil society, foundations and the private sector. It launched important aid initiatives and... |
2012 |
| Brook Kelly |
The Modern Hiv/aids Epidemic and Human Rights in the United States: a Lens into Lingering Gender, Race, and Health Disparities and Cutting Edge Approaches to Justice. |
41 University of Baltimore Law Review 355 (Winter 2012) |
Disparities experienced by women of color living with HIV are a lens through which the failures of current HIV policies and anti-discrimination laws to address racial, gender, disability, and economic disparities can be viewed. Research has confirmed what is already known by people living with HIV: The HIV epidemic is driven by the same social and... |
2012 |
| Glen Cheng |
The National Residency Exchange: a Proposal to Restore Primary Care in an Age of Microspecialization |
38 American Journal of Law & Medicine 158 (2012) |
C1-3CONTENTS I. Introduction. 160 II. Why Primary Care?. 162 A. Improvement in Health Outcomes. 163 B. Disease Prevention. 164 C. Cost-Effectiveness. 164 D. Continuity and Coordination of Care. 167 III. Why Medical Students Do Not Select Careers in Primary Care. 168 A. Lower Compensation. 169 B. Lack of Reimbursement for Preventive Services. 171 C.... |
2012 |
| Kimani Paul-Emile |
The Regulation of Race in Science |
80 George Washington Law Review 1115 (6/1/2012) |
The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by... |
2012 |
| Osagie K. Obasogie |
The Return of Biological Race? Regulating Innovations in Race and Genetics Through Administrative Agency Race Impact Assessments |
22 Southern California Interdisciplinary Law Journal 1 (Fall 2012) |
In April 2011, I published an article in Slate that commented on the new Dietary Guidelines released by the Department of Agriculture and Department of Health and Human Services. These guidelines made several recommendations with the admirable purpose of encouraging Americans to take bold steps to improve their health, such as eating smaller... |
2012 |
| Barbara A. Noah |
The Role of Race in End-of-life Care |
15 Journal of Health Care Law and Policy 349 (2012) |
More than a decade into the twenty-first century, racial discrimination, de facto segregation, and all of the inequalities that flow from these conditions remain firmly embedded in American society. The impact of racial inequality and racism on the health of African Americans and other racial and ethnic minorities often results in concrete threats... |
2012 |
| Laurie Morin, Susan Waysdorf |
The Service-learning Model in the Law School Curriculum |
56 New York Law School Law Review 561 (2011/2012) |
And so, my fellow Americans: Ask not what your country can do for you-- ask what you can do for your country. My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man. What is required of us now is a new era of responsibility--a recognition, on the part of every American, that we have... |
2012 |
| Dorothy E. Roberts |
The Social Context of Oncofertility |
61 DePaul Law Review 777 (Spring 2012) |
As more women survive cancer, researchers are developing technologies that enable these women to become mothers despite the toll the disease and its treatment can have on their fertility. A field known as oncofertility provides female cancer patients with a variety of ways to preserve their fertility so that they may bear genetically related... |
2012 |
| Sharon F. Terry |
The Tension Between Policy and Practice in Returning Research Results and Incidental Findings in Genomic Biobank Research |
13 Minnesota Journal of Law, Science & Technology 691 (Spring 2012) |
I. Introduction. 693 A. Current Policies. 694 i. To Return or Not to Return. 695 ii. More Recent Policy Recommendations. 696 iii. International Issues. 698 B. Current Practices. 699 C. Emergence of Participant-centric Perspectives. 700 D. Return of RRs and IFs in Genomics Biobanks: Something Different than Non-Genomic Studies?. 702 E. The... |
2012 |
| Andrew K. Woods |
Toward a Situational Model for Regulating International Crimes |
13 Chicago Journal of International Law 179 (Summer 2012) |
The international criminal regime, as currently conceived, relies almost exclusively on the power of backward-looking criminal sanctions to deter future international crimes. This model reflects the dominant mid-century approach to crime control, which was essentially reactive. Since then, domestic criminal scholars and practitioners have developed... |
2012 |
| Joel Teitelbaum , Lara Cartwright-Smith , Sara Rosenbaum |
Translating Rights into Access: Language Access and the Affordable Care Act |
38 American Journal of Law & Medicine 348 (2012) |
More than twenty-four million people in the United States are considered limited English proficient (LEP), and numerous studies have documented the consequences of communication barriers in healthcare. These consequences include: patients' inability to become engaged and involved in their care; the absence of crucial information--including cultural... |
2012 |
| Sarah E. Redfield , Theresa Kraft |
What Color Is Special Education? |
41 Journal of Law and Education 129 (January, 2012) |
. [I]n finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on those qualities which are incapable of objective measurement but which make for greatness in a law school. [T]he Court, in requiring that a Negro admitted to a white graduate school be treated like all... |
2012 |
| Denise Gilman |
A "Bilingual" Approach to Language Rights: How Dialogue Between U.s. and International Human Rights Law May Improve the Language Rights Framework |
24 Harvard Human Rights Journal 1 (Summer 2011) |
Introduction. 2 I. The U.S. and International Human Rights Approaches to Language Rights. 8 A. The U.S. Approach to Language Rights. 8 B. The International Human Rights Approach to Language Rights. 11 II. Improvements to be Made Through a Bilingual Approach to Language Rights. 17 A. Improvements in the U.S. System Through Incorporation of the... |
2011 |
| Micah L. Berman |
A Public Health Perspective on Health Care Reform |
21 Health Matrix: Journal of Law-Medicine 353 (2011) |
We don't have a health care system in America. We have a sick care system. If you get sick, you get care. But precious little is spent to keep people healthy in the first place. Sen. Tom Harkin (D-IA) The two pieces of health care reform legislation signed by President Obama in March 2010, the Patient Protection and Affordable Care Act... |
2011 |
| Amanda M. Murphy |
A Tale of Three Sovereigns: the Nebulous Boundaries of the Federal Government, New York State, and the Seneca Nation of Indians Concerning State Taxation of Indian Reservation Cigarette Sales to Non-indians |
79 Fordham Law Review 2301 (April, 2011) |
This Note examines the conflict between New York State and the Seneca Nation of Indians regarding the taxation of cigarette sales to non-Indians on Indian reservations. In 1994, the United States Supreme Court found New York's taxation scheme facially permissible without providing boundaries or guidance for the state's subsequent enforcement.... |
2011 |
| Joanna N. Erdman |
Access to Information on Safe Abortion: a Harm Reduction and Human Rights Approach |
34 Harvard Journal of Law & Gender 413 (Summer 2011) |
Introduction. 413 I. Health Initiatives Against Unsafe Abortion: The Uruguay Model. 417 II. Harm Reduction and Human Rights: As Conceptual Frameworks and Discourses. 422 III. The Neutrality Principle. 424 A. State Responsibility for the Harms of Unsafe Abortion. 426 B. State Obligations to Reduce the Harms of Unsafe Abortion. 431 IV. The... |
2011 |
| Shannon M. Roesler |
Addressing Environmental Injustices: a Capability Approach to Rulemaking |
114 West Virginia Law Review 49 (Fall, 2011) |
I. Introduction. 50 II. Defining the Justice in Environmental Justice: Theoretical Foundations. 54 A. The Distribution of Environmental Bads and Goods: Empirical Evidence. 56 B. Theorizing Fair Distribution. 59 1. The Background Conditions for Application of the Difference Principle. 62 2. Primary Goods: Is This All We Need to Know?. 67 C. The... |
2011 |
| William M. Carter, Jr. |
Affirmative Action as Government Speech |
59 UCLA Law Review 2 (October, 2011) |
This Article seeks to transform how we think about affirmative action. The U.S. Supreme Court's jurisprudence on the subject may appear to be a seamless whole, but closer examination reveals crucial differences between the cases broadly characterized as involving affirmative action. The government sometimes acts in a race-conscious manner by... |
2011 |
| Amy L. Katzen |
African American Men's Health and Incarceration: Access to Care upon Reentry and Eliminating Invisible Punishments |
26 Berkeley Journal of Gender, Law & Justice 221 (Summer 2011) |
African American men suffer worse health outcomes and have a lower life expectancy than other demographic groups. The disproportionately high incarceration rates of African American men for drug and other crimes is a crucial factor in understanding and combating health inequities. Being imprisoned is very bad for inmates' health because of damaging... |
2011 |
| George J. Annas, JD, MPH |
American Vertigo: "Dual Use," Prison Physicians, Research, and Guantánamo |
43 Case Western Reserve Journal of International Law 631 (2011) |
Physicians can be used by governments for nonmedical purposes, and physician acceptance of their nonmedical use is usually denoted as dual loyalty, although it is more analytically helpful to frame it dual use. Dual use of physicians has been on display at Guantánamo where physicians have consistently been used to break hunger strikes as part... |
2011 |
| Simone S. Hicks |
Behind Prison Walls: the Failing Treatment Choice for Mentally Ill Minority Youth |
39 Hofstra Law Review 979 (Summer 2011) |
On the night of November 12, 2007, Khiel Coppin, eighteen, was killed in a hail of fifteen bullets fired by New York City Police Department (NYPD) officers in front of his family's home in Brooklyn, New York. Many people in the neighborhood blamed this death on the NYPD officers' use of excessive force. However, the tragedy can be attributed to... |
2011 |
| Lisa Eckstein |
Beyond Racial and Ethnic Analyses in Clinical Research: a Proposed Model for Institutional Review Boards |
66 Food & Drug Law Journal 243 (2011) |
The relative costs and benefits of undertaking racial and ethnic analyses in clinical trials has been the subject of passionate debate. Some commentators recommend, and even seek to mandate, the use of such analyses on the basis of the medical knowledge that they can bring to light and, as the argument goes, the potential for this knowledge to... |
2011 |
| Natalie Quan |
Black and White or Red All Over? The Impropriety of Using Crime Scene Dna to Construct Racial Profiles of Suspects |
84 Southern California Law Review 1403 (September, 2011) |
I. INTRODUCTION. 1404 II. DNA IN THE LEGAL CONTEXT. 1406 A. DNA Defined. 1407 B. DNA and Law Collide. 1408 C. CODIS and NDIS. 1409 D. Thirteen Core STR Loci. 1410 E. DNA Dragnets. 1411 F. DNAWitness and Like Analyses. 1412 III. THE EMERGENCE OF RACE. 1413 A. Folktales of a Knowable Essence. 1414 B. Missteps: Taxonomy, Social Darwinism, and... |
2011 |
| Danfeng Soto-Vigil Koon |
Cal. Gov't Code § 11135: a Challenge to Contemporary State-funded Discrimination |
7 Stanford Journal of Civil Rights & Civil Liberties 239 (October, 2011) |
Racially disproportionate outcomes persist in our schools, hospitals, courts, and neighborhoods. While some of these disparities stem from historical inequalities, socio-economic differences, and individual behavior, considerable racial disparities persist, even after holding these factors constant. These disparities are particularly troubling... |
2011 |
| Prof. Sonja C. Grover, Lakehead University, Fac. Education, Oliver Road 955, P7B 5E1 Thunder Bay, Ontario, Canada, sonja.grover@lakeheadu.ca |
Chapter 3 the Human Rights Imperative and Minimum Voting Age |
6 IUS Gentium 29 (2011) |
We consider next Clifford Bob's gatekeeper model of the emergence and legitimization of new human rights claims. We will explore in much of the remainder of the book the potential relevance of the model to the youth voting rights issue. The model, it will be shown, is quite helpful in thinking about why the issue of youth voting rights continues... |
2011 |
| Professor Osamudia R. James |
Civil Rights and the Choice Movement in Education |
18-DEC NBA National Bar Association Magazine 10 (August-December, 2011) |
When the NAACp joined the United Federation of Teachers in filing a lawsuit against New York City for disparate treatment of the city's public schools in favor of charter schools, it signaled that the choice movement had become a key issue in the current civil rights education agenda. The anger and backlash that ensued from the suit further... |
2011 |
| Mark A. Hall |
Commerce Clause Challenges to Health Care Reform |
159 University of Pennsylvania Law Review 1825 (June, 2011) |
Introduction. 1825 I. The Commerce Clause Maze of Arguments: A Guided Tour. 1829 A. Is Being Uninsured an Activity?. 1831 B. Can the Commerce Power Extend to Inactivity?. 1833 C. Should the Commerce Power Extend to Inactivity?. 1835 D. The Slippery Slope Problem. 1839 II. Navigating the Necessary and Proper Clause. 1840 A. Is the Mandate... |
2011 |
| Daniela Kraiem |
Consumer Direction in Medicaid Long Term Care: Autonomy, Commodification of Family Labor, and Community Resilience |
19 American University Journal of Gender, Social Policy and the Law 671 (2011) |
I. Introduction. 672 II. Background: Medicaid and Long Term Care. 676 A. What and Where is Long Term Care?. 676 B. The Need for Long Term Care Will Increase Dramatically in the Future. 678 C. Families Cannot Sustain the Current Levels of Unremunerated Care. 679 D. Medicaid, the Largest Funder of Long Term Care, is Moving Towards Consumer Directed... |
2011 |
| David Orentlicher |
Controlling Health Care Costs Through Public, Transparent Processes: the Conflict Between the Morally Right and the Socially Feasible |
36 Journal of Corporation Law 807 (Summer 2011) |
I. Introduction. 807 II. The Health Care Cost Problem. 809 III. Inadequate Steps to Contain Costs in the Affordable Care Act. 810 IV. Public, Transparent Processes to Contain Costs. 811 V. Past Failures of Public, Transparent Processes. 813 VI. Cost Containment that Can Work. 818 VII. Conclusion. 820 |
2011 |
| Devon W. Carbado |
Critical What What? |
43 Connecticut Law Review 1593 (July, 2011) |
More than twenty years after the establishment of Critical Race Theory (CRT) as a self-consciously defined intellectual movement, defining oneself as a Critical Race Theorist can still engender the question: critical what what? When asked, the inquiry is not just about the appellation, though this is certainly part of what engenders the question.... |
2011 |
| Max D. Siegel |
Dying for Dollars: Health Equity in the Age of Reform |
70 Maryland Law Review 1093 (2011) |
On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act (ACA) into law. Almost instantly, fourteen state attorneys general joined together to file suit to challenge ACA in federal courts in Virginia and Florida. These states took action amid widespread political rhetoric that condemned Congress for... |
2011 |
| Michael Connett |
Employer Discrimination Against Individuals with a Criminal Record: the Unfulfilled Role of State Fair Employment Agencies |
83 Temple Law Review 1007 (Summer 2011) |
Unlike discrimination on the basis of traditionally protected characteristics such as race, employer discrimination against ex-offenders can be justified by legitimate business needs. However, when employers fail to consider the job relatedness of a prior offense or the length of time since it occurred, the broadly shared interest in integrating... |
2011 |
| Stephen F. Hayes |
Enforcing Civil Rights Obligations Through the False Claims Act |
1 Columbia Journal of Race and Law 29 (January, 2011) |
In August 2009, Westchester County, New York entered into a consent decree to settle a lawsuit brought against it pursuant to the federal False Claims Act. Serving as a qui tam relator on behalf of the United States government, a non-profit alleged that Westchester had falsely certified that it had complied with its obligations to affirmatively... |
2011 |
| Lisa Eckstein, S.J.D. |
Engaging Racial and Ethnic Groups in the Regulation of Research: Lessons from Research in Emergency Settings |
12 Houston Journal of Health Law & Policy 1 (Fall, 2011) |
Consider a scenario in which a researcher accesses a large repository of genetic sequences and sets out to look for a gene suspected to predispose carriers to alcoholism. The data has been stripped of all personal identifiers; however, it retains information about participants' racial and ethnic affiliations. After analyzing the sequences, the... |
2011 |
| Deleso Alford Washington |
Examining the "Stick" of Accreditation for Medical Schools Through Reproductive Justice Lens: a Transformative Remedy for Teaching the Tuskegee Syphilis Study |
26 Journal of Civil Rights & Economic Development 153 (Fall 2011) |
False And What About The Women Of the Tuskegee Syphilis Study? The Tuskegee Syphilis Study was never really a study to find the answer or even an end to the disease of racist and race-based science that hides the truth from all mankind. It left out the women who wore race - with tight lips and heavy hearts, dresses often ironed and sometimes torn,... |
2011 |
| Jared Ruiz Bybee |
Fair Lending 2.0: a Borrower-based Solution to Discrimination in Mortgage Lending |
45 University of Michigan Journal of Law Reform 113 (Fall 2011) |
Fair lending laws promise that borrowers with similar credit profiles will receive similar loan products--regardless of their race. Yet, studies reveal that black and Latino borrowers consistently receive loan products that are inferior to those of white borrowers with similar credit characteristics. Despite frequent amendments since their passage... |
2011 |