AuthorTitleCitationSummaryYear
Jayesh M. Rathod Beyond the "Chilling Effect": Immigrant Worker Behavior and the Regulation of Occupational Safety & Health 14 Employee Rights and Employment Policy Journal 267 (2010) I. Introduction. 267 II. Immigration Status & The Chilling Effect . 271 III. Immigrant Worker Behavior & Safety and Health Conditions. 275 A. The Importance of Worker Behavior. 276 B. Factors that Influence Immigrant Worker Behavior. 278 1. Economic Status & Economic Security. 280 2. Language Ability & Literacy. 283 3. Culture. 286 a. Traditional... 2010
Karla Mari McKanders Black and Brown Coalition Building During the "Post-racial" Obama Era 29 Saint Louis University Public Law Review 473 (2010) Moreover, I am cognizant of the interrelatedness of all communities and states. . . . Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial... 2010
Joan H. Krause Can Health Law Truly Become Patient Centered? 45 Wake Forest Law Review 1489 (2010) Close to a decade ago, the Institute of Medicine (IOM) report, Crossing the Quality Chasm: A New Health System for the 21st Century, identified patient-centeredness as a core health care aim for the new century, focus[ing] on the patient's experience of illness and health care and on the systems that work or fail to work to meet individual... 2010
Sheila Fleischhacker, PhD, JD , Joel Gittelsohn, PhD, MS Carrots or Candy in Corner Stores?: Federal Facilitators and Barriers to Stocking Healthier Options 7 Indiana Health Law Review 23 (2010) This Article examines Federal facilitators and barriers to stocking healthier options in the food environment, with particular emphasize on how healthy foods do (or more often don't) get to smaller grocery stores or corner stores in predominantly low-income areas. As this Article makes clear, public policy is inextricably woven into the fabric of... 2010
Elizabeth Kukura Choice in Birth: Preserving Access to Vbac 114 Penn State Law Review 955 (Winter, 2010) I. Trends in Birthing Practices: VBAC in Context. 959 A. Growth in Cesarean Births. 959 B. Impact of ACOG Guidelines. 962 C. Profit and Liability in Birthing. 967 II. Harms of VBAC Restrictions. 971 A. Increased Risks from Unnecessary Surgery. 971 B. Sacrificing Advances in Feminism and Patient Autonomy. 973 III. Challenging VBAC Restrictions. 977... 2010
Janet L. Dolgin Class Competition and American Health Care: Debating the State Children's Health Insurance Program 70 Louisiana Law Review 683 (Spring, 2010) In February 2009, two weeks after becoming President, Barack Obama signed a bill reauthorizing and expanding the State Children's Health Insurance Program (SCHIP). The way I see it, explained Obama at the signing ceremony, providing coverage to 11 million children [through SCHIP] is a down payment on my commitment to cover every single... 2010
Ralph Richard Banks Commentary on Professor Lempert's Presidential Address 44 Law and Society Review 463 (September/December, 2010) I am honored to be asked to comment on Professor Rick Lempert's Presidential Address. Professor Lempert accomplishes a rare feat: He couples the objectivity and detachment of the scholar with a thoughtful reflection on his childhood experiences that is not only illuminating but moving as well. In this brief commentary I will resist my inclination... 2010
Jennifer B. Wriggins Constitution Day Lecture: Constitutional Law and Tort Law: Injury, Race, Gender, and Equal Protection 63 Maine Law Review 263 (2010) Welcome to the annual Constitution Day lecture at the University of Maine School of Law. This lecture follows the example set last year by Professor Mel Zarr who spoke about the Fourth Amendment and search and seizure law in a piece that was published by the Maine Law Review. My focus today is on a different section of the Constitution, the... 2010
Christoph Hanssmann Counting Us In: Problems and Opportunities in Health Research on Transgender and Gender-nonconforming Communities 8 Seattle Journal for Social Justice 541 (Spring/Summer, 2010) In the last decade, the emergence into the public consciousness of transgender as an identity and as a field of study has had a profound impact on individuals who claim, or are incorporated in some way, by the term transgender. This shift has resulted in an increase in the degree to which public health research incorporates questions about... 2010
Dan M. Kahan, Donald Braman, John Monahan, Lisa Callahan, Ellen Peters, Yale Law School, PO Box 208215, New Haven, CT 06520, USA e-mail: dan.kahan @yale.edu, George Washington University Law School, Washington, DC, USA, University of Virginia School of La Cultural Cognition and Public Policy: the Case of Outpatient Commitment Laws 34 Law and Human Behavior 118 (April, 2010) Published online: 24 January 2009 © American Psychology-Law Society/Division 41 of the American Psychological Association 2009 Abstract What explains controversy over outpatient commitment laws (OCLs), which authorize courts to order persons with mental illness to accept outpatient treatment? We hypothesized that attitudes toward OCLs reflect... 2010
June Carbone Cultural Conflict and the Revival of Class Warfare 16 Washington and Lee Journal of Civil Rights and Social Justice 369 (Spring, 2010) C1-3Table of Contents I. Work, Family, and the Recreation of Social Class. 369 II. Family Reorganization and the New Information Economy. 371 A. Technological Shock and Family Change. 371 B. Returns to Specialization and Family Organization. 373 1. Industrialization, Male Specialization, and Women's Agency. 377 2. The Information Economy, Female... 2010
Matthew T. Wimberley D.c. in Action: an Early Look at Meaningful Use, the Government Practice of Medicine, and Tort Reform 62 Alabama Law Review 207 (2010) I. Introduction. 208 II. Background: The Road to Meaningful Use. 209 A. An Executive Order and the Market-Oriented Approach. 209 B. HITECH and the Government-Oriented Approach. 211 III. Meaningful Use. 212 A. The Statute. 212 1. Certified EHR Technology. 213 2. Meaningful Use. 214 3. Exchange of Information. 215 4. Reporting of Clinical Quality... 2010
Dayna Bowen Matthew Defeating Health Disparities--a Property Interest under the Patient Protection and Affordable Care Act of 2010 113 West Virginia Law Review 31 (Fall, 2010) I. The Statutory Attack On Disparities. 32 II. Fiduciary Enforcement. 36 A. A Fiduciary Duty to Deliver Non-Disparate Health Care. 37 B. A Property Interest in Non-Disparate Health Care. 40 III. Ensuring Results. 44 IV. Conclusion. 46 2010
Ryan D. King, Kecia R. Johnson, Kelly McGeever Demography of the Legal Profession and Racial Disparities in Sentencing 44 Law and Society Review 1 (March, 2010) The demography of the legal profession has changed rather dramatically in recent decades, yet the consequences of a more racially and ethnically diverse pool of lawyers for the administration of justice have not received significant attention. The present research examines how the racial composition of the local legal profession affects one facet... 2010
Michael Campbell Did I Do That? An Argument for Requiring Pennsylvania to Evaluate the Racial Impact of Medicaid Policy Decisions Prior to Implementation 82 Temple Law Review 1163 (Srping-Summer 2010) In its 2003 report Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care, the Institute of Medicine Committee on Understanding and Eliminating Racial and Ethnic Disparities in Health Care (the Committee) noted that even when insured, [racial and ethnic minorities] may face additional barriers to care due to other... 2010
Beverly I. Moran Disappearing Act: the Lack of Values Training in Legal Education - a Case for Cultural Competency 38 Southern University Law Review 1 (Fall, 2010) More than one hundred years ago United States higher education changed in response to European universities from institutions that civilized elite young males into centers for the production of knowledge. The new science centered United States university altered both undergraduate and professional education. Prior to the late nineteenth century,... 2010
Girardeau A. Spann Disparate Impact 98 Georgetown Law Journal 1133 (April, 2010) C1-3Table of Contents L1-2Introduction L31133 I. Post-racialism. 1137 a. racial discrimination. 1137 b. post-racial discrimination. 1141 II. Disparate Impact. 1143 a. the constitution. 1143 b. title vii. 1145 III. Precommitment. 1150 a. embedded inequality. 1150 b. approximate equality. 1156 L1-2Conclusion L31162 2010
Daniel Charles Rubenstein, B.S.E. , University of Maryland School of Law Baltimore, MD JD May 2010 Disparate Impact: the Prevalence of H1n1 Influenza in the Minority Community 22 Health Lawyer 8 (June, 2010) In early 2009, the global community observed a resurgence of H1N1 influenza, nearly a century following the 1918 outbreak of the same strain subtype (commonly referred to as the Spanish Flu). Likely originating in Mexico, many scientists now believe that the first case of H1N1 in humans during this recent outbreak occurred as a result of... 2010
Ruqaiijah Yearby Does Twenty-five Years Make a Difference in "Unequal Treatment"?: the Persistence of Racial Disparities in Health Care Then and Now 19 Annals of Health Law 57 (Special Edition 2010) In 1985, the Secretary of the U.S. Department of Health and Services (HHS) issued a landmark report that exposed the persistence of racial disparities in the U.S. healthcare system. Unfortunately, twenty-five years later, racial disparities in healthcare continue to persist. For example, since 1985, more African-Americans have died from coronary... 2010
April A. Robinson Double Standards and Hypocrisy in the Altruistic Organ Procurement Model: Generous Donors but Irrational Negotiators? 32 Hamline Journal of Public Law and Policy 37 (Fall 2010) Our altruistic system of [organ] procurement is sadly predictable and quite conventional; today we know thousands will die without the hope of ever receiving an organ. Furthermore, the waitlist will expand far beyond the capacity of organ donors to ever meet the demand. The United States' exclusive reliance on altruism has failed. The shocking... 2010
Richard C. Boldt Drug Policy in Context: Rhetoric and Practice in the United States and the United Kingdom 62 South Carolina Law Review 261 (Winter 2010) I. The Legal and Social History of Drugs, Drug Abuse, and Drug Control in the United States. 265 A. Early History. 269 B. The Supreme Court Weighs In. 278 C. The Anslinger Years and the War on Drugs. 285 II. Drug Prohibition and the Social Negotiation of Norms. 291 A. The Consequentialist Basis for Drug Prohibition. 292 B. Legal Moralism and Drug... 2010
James M. Grijalva Epa's Indian Policy at Twenty-five 25-SUM Natural Resources & Environment 12 (Summer, 2010) Lawyers representing clients involved in regulated activities in and near Indian country confront a regulatory morass worthy of special recognition even in the notably complicated realm of environmental law. Answering basic questions like which governmental agency has authority to issue permits and whose standards apply and in what way can be... 2010
Nelson Tebbe , Deborah A. Widiss Equal Access and the Right to Marry 158 University of Pennsylvania Law Review 1375 (April, 2010) How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We argue that the right to marry is best conceptualized as a matter of equal access to government support and... 2010
Professor Deborah Behles Examining the Air We Breathe: Epa Should Evaluate Cumulative Impacts When it Promulgates National Ambient Air Quality Standards 28 Pace Environmental Law Review 200 (Fall 2010) Inhaling air pollutants can lead to a variety of adverse respiratory and cardiovascular health effects. This potential risk for health impacts is likely greater when the mixture of pollutants that exists in ambient air, rather than isolated pollutants, are inhaled. Despite the evidence of potential cumulative impacts, EPA has continued to focus its... 2010
Tamara R. Coley Extreme Pricing of Hospital Care for the Uninsured: New Jersey's Response and the Likely Results 34 Seton Hall Legislative Journal 275 (2010) I. INTRODUCTION. 276 II. HISTORY OF THE AMERICAN HOSPITAL. 279 A. General History--From the First American Hospital to Modern Health Care. 279 B. American Hospital Tax History. 281 III. RISE OF INSURANCE AND ITS IMPACT ON HOSPITAL COSTS. 283 IV. HOSPITALS AS A BUSINESS AND THE CONSEQUENCES TO THE UNINSURED. 286 A. Payment System Between Hospitals... 2010
Lyndsay Gunkel Federally Qualified Health Centers: the next Step in Cost-effective Health Care 20 Annals of Health Law Advance Directive 31 (Fall, 2010) During the current economic downturn, health care in the United States is growing increasingly costly, making it less available to those who need it: 2009 marked the greatest increase in healthcare costs since the 1960s. Healthcare spending now accounts for 17.3 percent of the United States' total GDP, reaching $2.5 trillion. This increase in... 2010
Muriel Morisey Fifty Years after the Sit-ins: Events, Trends, and Recommendations 18 Virginia Journal of Social Policy and the Law 82 (Fall 2010) I. Introduction. 82 II. Events and Trends. 83 A. Positions of Power. 83 B. Legislative Advocacy. 85 C. Increased Political Participation. 88 D. A Broader Social Justice Agenda. 89 E. The Impact of Technology. 90 F. Appeals to Morality. 90 G. The Enemy That Is Ignorance. 92 H. Strategies Employed by Advocates for Regressive Change. 93 III. Strategic... 2010
Barbara A. Noah Foreword 10 Houston Journal of Health Law & Policy 195 (Spring 2010) We hold these truths to be self-evident, that all men are created equal . . . . As young children in American elementary schools, we have all studied this country's foundational document. But it is only as we grow older that we begin to question whether being created equal portends equal treatment or equal opportunity. In the context of... 2010
Jonathan R. Alger From Desegregation to Diversity and Beyond: Our Evolving Legal Conversation on Race and Higher Education 36 Journal of College and University Law 983 (2010) I. Introduction. 983 II. Strict Scrutiny. 985 III. A History of Discrimination and the Remedial Rationale. 986 IV. The First Counter-Reaction. 988 V. The Diversity Rationale Takes Hold, and the Next Backlash Begins. 990 VI. The Establishment Reacts to Defend Diversity. 992 VII. Where is the Legal Dialogue Going Next?. 993 VIII. Some Reflections on... 2010
Benjamin Mason Meier , Miriam Labbok From the Bottle to the Grave: Realizing a Human Right to Breastfeeding Through Global Health Policy 60 Case Western Reserve Law Review 1073 (Summer, 2010) I. Breastfeeding as Public Health. 1075 A. Maternal and Child Health, Development, and Survival. 1076 B. Breast Milk Substitutes, Disease, and Death. 1081 C. Formula Industry Marketing and National Regulation. 1084 II. Evolution of Global Health Policy to Regulate Breast Milk Substitutes. 1088 A. Global Response to an Individual Harm. 1088 B. UN... 2010
Courtenay W. Daum, Eric Ishiwata From the Myth of Formal Equality to the Politics of Social Justice: Race and the Legal Attack on Native Entitlements 44 Law and Society Review 843 (September/December, 2010) This article examines how the conservative legal movement's successful count-ermobilization of the politics of rights enables U.S. Supreme Court outcomes that exacerbate racial and ethnic inequities while solidifying the privileged position of others in the name of equality. A comparison of two pivotal Supreme Court cases involving native... 2010
Ronda B. Goldfein, Sarah R. Schalman-Bergen From the Streets of Philadelphia: the Aids Law Project of Pennsylvania's How-to Primer on Mitigating Health Disparities 82 Temple Law Review 1205 (Srping-Summer 2010) Joe Miller (DENZEL WASHINGTON): What do you love about the law, Andrew? Andrew Beckett (TOM HANKS): I. . .many things. . .uh. . .uh. . .What I love the most about the law? Joe Miller: Yeah. Andrew Beckett: It's that every now and again--not often, but occasionally--you get to be a part of justice being done. That really is quite a thrill when that... 2010
Compiled by Judy Davis , Cindy Guyer , Paul J. Moorman Gerontology and the Law: a Selected Annotated Bibliography: 2006--2008 Update 84 Southern California Law Review 251 (November, 2010) I. INTRODUCTION. 253 II. GENERAL WORKS ON LAW AND AGING. 255 A. Books. 255 B. Articles. 256 III. INCOME MAINTENANCE AND FINANCIAL/RETIREMENT PLANNING. 257 A. General Works / Miscellany (Including Private Pensions). 257 1. Books. 257 2. Articles. 260 B. Social Security / Public Pensions. 266 1. Books. 266 2. Articles. 268 IV. AGE DISCRIMATION. 272... 2010
Alyssa L. Beaver Getting a Fix on Cocaine Sentencing Policy: Reforming the Sentencing Scheme of the Anti-drug Abuse Act of 1986 78 Fordham Law Review 2531 (April, 2010) The now-infamous War on Drugs campaign of the 1980s culminated in the adoption of the Anti-Drug Abuse Act of 1986, which included a provision for a one-hundred-to-one sentencing ratio of powder cocaine to crack cocaine. This ratio provides that the penalty for a crime involving five or ten grams of crack cocaine is equivalent to the sentence for... 2010
Benjamin Mason Meier Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement 46 Stanford Journal of International Law 1 (Winter 2010) I. Foundation of WHO, Human Rights Frameworks, and International Systems of Coordination in Public Health and Human Rights. 3 II. The Birth, Death, and Resurrection of Human Rights in WHO Programming. 8 A. WHO Influences Human Rights (1948-1952) - The Draft International Covenant on Human Rights. 8 B. WHO Neglects Human Rights (1953-1973) - The... 2010
Justin D. Levinson , Huajian Cai , Danielle Young Guilty by Implicit Racial Bias: the Guilty/not Guilty Implicit Association Test 8 Ohio State Journal of Criminal Law 187 (Fall, 2010) Legal scholarship on racial discrimination has turned to the science of implicit social cognition to explain how the human mind automatically manifests biases against disfavored social groups. Much of this discourse on implicit bias focuses on the potential for massive, but hard to detect discrimination in the employment context. Yet, other legal... 2010
Brian D. Camozzi Health Care Access 11 Georgetown Journal of Gender and the Law 443 (2010) I. Health Care: A Private Good. 446 A. Judicial Denial of a Constitutional Right to Health Care. 446 B. Provision of Health Care in the Private Sector. 448 1. Risk-Shielding and Actuarial Fairness. 448 2. Devolution of Responsibility. 452 3. Health Care Access for the Uninsured and Uninsurable. 456 II. Statutory Efforts to Improve Health Care... 2010
Frank McClellan Health Disparities, Health Care Reform, Morality, and the Law: "Keep Your Government Hands off My Medicare" 82 Temple Law Review 1141 (Srping-Summer 2010) In January of 1939, President Franklin D. Roosevelt addressed Congress on the need to develop a national health care program, asserting: The average level of health or the average cost of sickness has little meaning for those who now must meet personal catastrophes. To know that a stream is four feet deep on the average is of little help to those... 2010
Mercedes Varasteh Dordeski, Esq. , Kelly N. Steffens , Frank, Haron, Weiner & Navarro Troy, MI, Thomas M. Cooley Law School Auburn Hills, MI Immigrants and Healthcare: a Voice for Coverage 23 Health Lawyer 35 (December, 2010) Remember, remember always, that all of us, you and I especially, are descended from immigrants and revolutionists. --Franklin D. Roosevelt The United States has always attracted immigrants with its allure as the land of opportunity. However, in the years since President Roosevelt's address, this welcoming attitude toward immigrants has... 2010
Alexander Sadighi Increasing Denali Kidcare Eligibility: the Lifeboats Are Here 27 Alaska Law Review 103 (June, 2010) In this Note, the Author analyzes the current state of Denali KidCare. The Author summarizes the history of state-provided health insurance for children and the particular difficulties associated with providing health care in Alaska. In light of the recent passage of the Children's Health Insurance Program Reauthorization Act in 2009, the Author... 2010
Rebecca Tsosie Indigenous Women and International Human Rights Law: the Challenges of Colonialism, Cultural Survival, and Self-determination 15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human... 2010
Palma Joy Strand Inheriting Inequality: Wealth, Race, and the Laws of Succession 89 Oregon Law Review 453 (2010) I. Wealth Inequalities, Race, and Inheritance. 457 A. Wealth Inequality. 458 B. Racial Wealth Disparities. 461 C. The Role of Inheritance in Wealth Inequalities. 464 II. Race and Wealth. 468 A. Present (and Future) Wealth Effects. 469 B. Past Sources of Wealth Effects. 473 III. The Law of Deep Inequality . 478 A. Race Neutrality: An Obvious... 2010
Alicia Ely Yamin , Oscar Parra-Vera Judicial Protection of the Right to Health in Colombia: from Social Demands to Individual Claims to Public Debates 33 Hastings International and Comparative Law Review 431 (Summer 2010) Even in a region characterized by a number of countries with robust constitutions and judicial enforcement of social rights, Colombia stands out as a striking example of judicial activism regarding health rights. Better known outside the region for its brutal fifty-year-old civil conflict, it seems startling if not paradoxical that the Colombian... 2010
Alina M. Perez , Kathy L. Cerminara La Caja De Pandora: Improving Access to Hospice Care among Hispanic and African-american Patients 10 Houston Journal of Health Law & Policy 255 (Spring 2010) It has been said that end-of-life medical treatment options represent the ultimate Pandora's Box. This metaphor depicts the process most patients face upon learning they are facing terminal illnesses. Many patients, when first learning about their diagnoses and prognoses, will seek more information about the illness and try every available... 2010
Richard L. Abel Law and Society: Project and Practice 6 Annual Review of Law and Social Science 1 (2010) Law & Society Review, history This review analyzes four decades of law-and-society scholarship by examining and contrasting the first and last 13 years of the Law & Society Review (LSR). It compares the programmatic statements of Law and Society Association presidents and LSR editors with the scholarship published, offering explanations for and... 2010
Reuel Schiller Law, Liberalism, and the New History of the Civil Rights Movement Sweet Land of Liberty: the Forgotten Struggle for Civil Rights in the North. By Thomas J. Sugrue. New York: Random House. 2008. Pp. Xxviii, 688. $35.00 61 Hastings Law Journal 1257 (May, 2010) I'm watching an episode of That's So Raven, a sitcom produced by the Disney Corporation. This is a rather unusual undertaking for me, but I'm stuck on an exercycle at a suburban health club and it's what happens to be on the giant, flat-screen T.V. that is positioned directly in front of me. The title character, Raven, is the older of two children... 2010
Naomi Murakawa Law's Strange Allure: the Power of Legal Lore Beyond the Law-politics Divide 35 Law and Social Inquiry 1065 (Fall, 2010) Silverstein, Gordon. 2009. Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics. New York: Cambridge University Press. Pp. xiii + 322. $80.00 cloth; $23.99 paper. American political culture is both seduced and repulsed by legal power, and this essay reviews Gordon Silverstein's contribution to understanding the causes and... 2010
Katherine Drabiak-Syed Lessons from Havasupai Tribe V. Arizona State University Board of Regents: Recognizing Group, Cultural, and Dignitary Harms as Legitimate Risks Warranting Integration into Research Practice 6 Journal of Health & Biomedical Law 175 (2010) In March 2010, members of the Havasupai tribe and Arizona State University Board of Regents (ASU) entered into a settlement agreement, signaling the end of a lengthy legal battle over the research use of blood samples. Approximately twenty years ago, researchers at ASU began collecting blood from members of the tribe to conduct what the tribe... 2010
Ruqaiijah Yearby Litigation, Integration, and Transformation: Using Medicaid to Address Racial Inequities in Health Care 13 Journal of Health Care Law and Policy 325 (2010) Preface. 326 Introduction. 328 I. Empirical Data of Racial Inequities Due to Racial Discrimination. 336 A. Delay of Access to Nursing Home Services in a Reasonably Prompt Manner. 338 B. Denial of Admission to Quality Nursing Homes. 340 C. Inequities in the Quality of Nursing Home Care Provided to African Americans. 343 II. Civil Rights Failures in... 2010
Tory A. Weigand, Esq. Lost Chances, Felt Necessities, and the Tale of Two Cities 43 Suffolk University Law Review 327 (2010) It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of light, it was the season of darkness, it was the spring of hope, it was the winter of despair, we have everything before us, we had nothing before us . . .... 2010
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