| Author | Title | Citation | Summary | Year |
| Alvaro DeCola |
Making Language Access to Health Care Meaningful: the Need for a Federal Health Care Interpreters' Statute |
24 Journal of Law and Health 151 (2010) |
I. Introduction. 152 II. Background. 155 A. Existing Federal Law. 157 1. Title VI. 157 2. Executive Order 13166. 157 3. Extent of Language Assistance Obligations. 158 4. Enforcement of Federal Regulations. 158 B. Case Law Dealing With Issue of Language Access. 160 1. Court Imposed Limitations to Actions under Title VI. 160 C. Other Federal... |
2010 |
| Dr. Shari L. Dworkin |
Masculinity, Health, and Human Rights: a Sociocultural Framework |
33 Hastings International and Comparative Law Review 461 (Summer 2010) |
It is clear that women have a right to health. In my own area of research, a very large research literature and public health discourse converge on the main arguments to protect women from HIV, violence, and a lack of sexual and reproductive health. Readers are likely quite familiar with the main claims: Women are culturally, structurally, and... |
2010 |
| Nina J. Crimm |
Might Houses of Worship Enable Currently Uninsured, Economically Disadvantaged Individuals to Obtain Affordable Health Care Insurance? |
25 Journal of Civil Rights & Economic Development 69 (Fall 2010) |
Since Harry Truman assumed the presidency in 1945, U.S. presidents and Congresses have repeatedly attempted, and failed, to make universal health insurance a reality for American citizens. It is no secret to our elected officials that the United States now lags behind other developed, industrialized countries in providing accessible, cost... |
2010 |
| Brandon Paradise |
Militant Covering |
33 Washington University Journal of Law and Policy 161 (2010) |
In his now historic campaign address on race, A More Perfect Union, President Obama pointed toward a new and effective black politics in America. In contrast to the antagonistic, Us v. Them tone that has sometimes characterized demands for racial justice, President Obama stated that for blacks the: path [forward] means . . . continuing to... |
2010 |
| John A. Powell, Caitlin Watt |
Negotiating the New Political and Racial Environment |
11 Journal of Law in Society 31 (Fall, 2009/Winter, 2010) |
I. Introduction II. The Process of Race A. Moving Toward Whiteness B. Defining Whiteness as Private and Individual C. Whiteness as Exclusion III. The Process of Creating and Recreating Race: How Race is Constructed A. Mental Processes Construct Race B. Race is in Our Structure C. Systems i. Relationships ii. Causation iii. Feedback loops iv.... |
2010 |
| Rebecca A. Hart |
No Exceptions Made: Sexual Assault Against Native American Women and the Denial of Reproductive Healthcare Services |
25 Wisconsin Journal of Law, Gender & Society 209 (Fall 2010) |
Introduction. 211 I. Sexual Assault in Indian Country. 216 A. The Epidemic of Sexual Assault in Indian Country. 216 B. The Federal Trust Relationship and Criminal Jurisdiction in Indian Country. 217 i. Federal and Tribal Criminal Jurisdiction over Sexual Assault Committed by a Native American. 218 ii. Federal and Tribal Criminal Jurisdiction over... |
2010 |
| Paul Butler |
One Hundred Years of Race and Crime |
100 Journal of Criminal Law and Criminology 1043 (Summer 2010) |
This Article considers the evolution of thinking about criminal justice and racial justice over the last one hundred years. If I were writing about race and crime in 1910, the year the Journal of Criminal Law and Criminology was founded, the problem that I would have focused on would be lynchings, which were sometimes an extra-legal response to... |
2010 |
| Michelle Ghaznavi Collins |
Opening Doors to Fair Housing: Enforcing the Affirmatively Further Provision of the Fair Housing Act Through 42 U.s.c. § 1983 |
110 Columbia Law Review 2135 (December, 2010) |
This Note analyzes the § 1983 enforceability of the affirmatively further provision of the Fair Housing Act, which requires the Department of Housing and Urban Development to promote nondiscrimination, residential integration, and equal access to housing benefits in its housing programs. Through regulations, this duty also extends to local... |
2010 |
| Cheryl George |
Parents Super-sizing Their Children: Criminalizing and Prosecuting the Rising Incidence of Childhood Obesity as Child Abuse |
13 DePaul Journal of Health Care Law 33 (Summer 2010) |
Introduction. 33 II. Background. 36 A. Growth Of Childhood Obesity. 36 III. Defeating Childhood Obesity. 38 IV. The Role Of The School System. 39 V. The Role Of The Government. 46 A. Federal Legislation. 46 B. State Legislation. 48 VI. The Role Of Parents. 49 VII. The Role Of The Medical Field. 54 VIII. History Of Court Intervention. 55 IX.... |
2010 |
| Cheryl George |
Parents Super-sizing Their Children: Criminalizing and Prosecuting the Rising Incidence of Childhood Obesity as Child Abuse |
13 DePaul Journal of Health Care Law 273 (Winter 2010) |
I. Introduction. 273 II. Background. 275 A. Growth of Childhood Obesity. 275 L1-2Table 1. Prevalence of overweight among children and adolescents ages 2-19 years, for selected years 1963-65 through 1999-2002 . R3277. III. Defeating Childhood Obesity. 277 IV. The Role of the School System. 279 V. The Role of the Government. 286 A. Federal... |
2010 |
| Max R. Hoffman, Jr., Esq. , Debra A. Geroux, Esq. , Robert H. Schwartz, Esq. , Butzel Long, Lansing, MI, Butzel Long, Bloomfield Hills, MI |
Penalizing Substandard Care: the next Step in Combating Healthcare Fraud and Abuse |
22 Health Lawyer 1 (April, 2010) |
Healthcare is a topic one hears and reads about on a daily basis. President Obama and his Administration are working to garner support for national healthcare reform, while Congress' efforts toward achieving national healthcare reform continues to be a hot topic in the media. Talk about the financial crisis that Medicare and other federal... |
2010 |
| Maia Goodell |
Physical-strength Rationales for De Jure Exclusion of Women from Military Combat Positions |
34 Seattle University Law Review 17 (Fall, 2010) |
In his first State of the Union Address, President Obama pledged, This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are. It's the right thing to do. Since its foundation, our country has struggled with the legal and social... |
2010 |
| Osagie K. Obasogie |
Prisoners as Human Subjects: a Closer Look at the Institute of Medicine's Recommendations to Loosen Current Restrictions on Using Prisoners in Scientific Research |
6 Stanford Journal of Civil Rights & Civil Liberties 41 (April, 2010) |
There have been notable discussions within scientific literature, bioethics scholarship, and the popular press regarding the Institute of Medicine's (IOM) 2006 recommendations to the Department of Health and Human Services to loosen federal restrictions on using prisoners in biomedical and behavioral research. Yet there has been little dialogue... |
2010 |
| I. Glenn Cohen |
Protecting Patients with Passports: Medical Tourism and the Patient-protective Argument |
95 Iowa Law Review 1467 (July, 2010) |
ABSTRACT: In this Article I examine medical tourism--the travel of patients who are residents of one country to another country for medical treatment-- which is fast becoming a multi-billion dollar industry. To date, the primary U.S. medical tourists appear to have been uninsured or underinsured Americans seeking substantial cost savings by... |
2010 |
| Serena Vinter , Dara Alpert Lieberman , Jeffrey Levi |
Public Health Preparedness in a Reforming Health System |
4 Harvard Law & Policy Review 339 (Summer 2010) |
The 2009-2010 H1N1 novel influenza A pandemic revealed serious underlying gaps in our nation's ability to respond to public health emergencies. H1N1 is the latest in a string of public health crises Americans have faced in the past decade, which have included a nationwide food-borne disease outbreak in June and July of 2008, natural disasters like... |
2010 |
| Catherine Lee, John D. Skrentny |
Race Categorization and the Regulation of Business and Science |
44 Law and Society Review 617 (September/December, 2010) |
Despite the lack of consensus regarding the meaning or significance of race or ethnicity amongst scientists and the lay public, there are legal requirements and guidelines that dictate the collection of racial and ethnic data across a range of institutions. Legal regulations are typically created through a political process and then face varying... |
2010 |
| Abbye Atkinson |
Race, Educational Loans, & Bankruptcy |
16 Michigan Journal of Race and Law 1 (Fall 2010) |
This Article reports new data from the 2007 Consumer Bankruptcy Project revealing that college graduates and specifically White graduates are less likely to file for bankruptcy than their counterparts without a college degree. Although these observations suggest that a college degree helps graduates to weather the setbacks that sometimes lead to... |
2010 |
| Scott Burris , Evan D. Anderson, Ave Craigg, Corey S. Davis, Patricia Case |
Racial Disparities in Injection-related Hiv: a Case Study of Toxic Law |
82 Temple Law Review 1263 (Srping-Summer 2010) |
I. Introduction. 1263 II. Law Hurts; Syringe Access Helps. 1267 A. How Laws and Law Enforcement Practices Influence HIV Risks and Disparities Among IDUs. 1267 B. Syringe Access Works--Where It's Available. 1272 III. Grudging Reform, but Continued Barriers to Access. 1284 A. State and Local Syringe Exchange Laws. 1287 B. Pharmacy Sale and Syringe... |
2010 |
| Camille A. Nelson |
Racializing Disability, Disabling Race: Policing Race and Mental Status |
15 Berkeley Journal of Criminal Law 1 (Spring 2010) |
A police officer is privileged to use the amount of force that the officer reasonably believes is necessary to overcome resistance to his lawful authority, but no more. That school officials and/or police officers working with school officials would use pepper-spray and handcuffs to restrain a thirteen year old mentally disabled child is... |
2010 |
| Elizabeth Pendo |
Reducing Disparities Through Health Care Reform: Disability and Accessible Medical Equipment |
2010 Utah Law Review 1057 (2010) |
People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and, in many cases, inadequate care. The 2009 report by the National... |
2010 |
| Adrienne D. Davis |
Regulating Polygamy: Intimacy, Default Rules, and Bargaining for Equality |
110 Columbia Law Review 1955 (December, 2010) |
Most legal scholarship has approached polygamy in one of two ways. Some have framed it as a constitutional question of religious or privacy rights; others have debated decriminalization based on the contested effects of polygamy on matters ranging from women's subordination to democracy. This Article shifts attention from the constitutionality and... |
2010 |
| Sarah Deer |
Relocation Revisited: Sex Trafficking of Native Women in the United States |
36 William Mitchell Law Review 621 (2010) |
I. Introduction. 622 II. Historical Overview: Preliminary Notes on Context. 630 III. Enslavement. 632 A. Pre-Colonial Human Captivity. 633 B. Indian Slavery under Spanish and Portuguese Law. 636 C. Indian Slavery under English Law. 638 D. Indian Slavery under French Law. 639 E. Indian Slavery in the United States. 640 IV. Exploitation. 640 A.... |
2010 |
| Jon Matthews |
Renewing Healthy Competition: Compulsory Licenses and Why Abuses of the Trips Article 31 Standards Are Most Damaging to the United States Healthcare Industry |
4 Journal of Business, Entrepreneurship and the Law 119 (2010) |
I. Introduction. 119 II. Background and Overview of Compulsory Licenses. 121 A. The Modern Patent System. 121 B. Compulsory Licenses. 123 III. Implications of Compulsory Licensing to the United States. 128 A. Creating an Environment for Innovation. 128 B. Bilateral Investment Treaties and the United States. 130 C. Need for Better Governance of... |
2010 |
| Ron J. Whitener |
Research in Native American Communities in the Genetics Age: Can the Federal Data Sharing Statute of General Applicability and Tribal Control of Research Be Reconciled? |
15 Journal of Technology Law and Policy 217 (December, 2010) |
I. Introduction. 218 II. Researchers and Native America: A Troubled History. 220 A. Native Americans and Anthropologists. 220 1. Native American Remains Collection and Research. 221 2. The Kennewick Man Litigation. 223 B. The New Frontier: Medical and Health Research in Native American Communities. 226 1. Native American Health and Research. 227... |
2010 |
| John Bronsteen , Christopher Buccafusco , Jonathan S. Masur |
Retribution and the Experience of Punishment |
98 California Law Review 1463 (October, 2010) |
The law regulates human life, so it should be informed by the best available understanding of how people experience their lives. The new field of hedonic psychology has made breakthroughs in improving that understanding, and it would be natural for scholars and policymakers to incorporate those improvements into their approaches to legal questions.... |
2010 |
| Nan D. Hunter |
Rights Talk and Patient Subjectivity: the Role of Autonomy, Equality, and Participation Norms |
45 Wake Forest Law Review 1525 (2010) |
[I]llness is not merely a state of the organism and/or personality, but comes to be an institutionalized role. If the government was going to continue to act as if we didn't exist, if the medical establishment was prone to gridlock over funds, if the drug companies were waiting till the curve got high enough for profit, then we would find our own... |
2010 |
| Seymour Moskowitz |
Save the Children: the Legal Abandonment of American Youth in the Workplace |
43 Akron Law Review 107 (2010) |
[I]f there is any matter upon which civilized countries have agreed . . . it is the evil of premature and excessive child labor. The evil referred to by Justice Oliver Wendell Holmes, Jr. in his famous 1918 dissent was the effect of child labor upon minors, their families, and society in general. In the late-nineteenth and early-twentieth... |
2010 |
| Casey Hyman |
Setting the "Bar" in North Carolina Medical Malpractice Litigation: Working with the Standard of Care That Everyone Loves to Hate |
89 North Carolina Law Review 234 (December, 2010) |
Introduction. 234 I. The Road to Section 90-21.12. 239 A. The Use of Experts in Medical Malpractice. 239 B. The Demise of the Locality Rule. 243 C. North Carolina's Same or Similar Community Rule. 244 D. Lingering Uncertainty. 246 II. A Wealth of Opposition: A Discussion of Arguments Against the Same or Similar Community Standard of Care. 249... |
2010 |
| Alicia Ouellette |
Shaping Parental Authority over Children's Bodies |
85 Indiana Law Journal 955 (Summer, 2010) |
In the health-care setting, parental decisions to size, shape, sculpt, and mine children's bodies through the use of nontherapeutic medical and surgical interventions are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for... |
2010 |
| Brian London |
Should Bone Marrow Donors Be Paid to Save Lives? An Assessment of the Legal Ban on Donor Compensation and Other Obstacles Facing Domestic and International Bone Marrow Registries |
24 Temple International and Comparative Law Journal 477 (Fall 2010) |
I. Introduction. 478 II. Background. 480 A. Blood Stem Cell Transplantation. 480 1. Bone Marrow Transplantation. 481 2. Peripheral Blood Stem Cell Transplantation. 482 3. Cord Blood Stem Cell Transplantation. 482 B. Unrelated Donor Registries. 483 1. History. 483 2. By The Match Registry. 485 3. Bone Marrow Donors Worldwide. 486 III. The Problem.... |
2010 |
| Michael I. Meyerson, William Meyerson |
Significant Statistics: the Unwitting Policy Making of Mathematically Ignorant Judges |
37 Pepperdine Law Review 771 (3/1/2010) |
I. Introduction II. Snake Eyes and the Power of Numbers III. Racialized Numbers IV. Bigoted Numbers V. Reclaiming Judicial Responsibility for Allocating the Risk of Error VI. Conclusion |
2010 |
| Lisa R. Pruitt |
Spatial Inequality as Constitutional Infirmity: Equal Protection, Child Poverty and Place |
71 Montana Law Review 1 (Winter 2010) |
This is the first in a series of articles that maps legal conceptions of (in)equality onto the socio-geographical concept of spatial inequality, with a view to generating legal remedies for those living in places marked by socioeconomic disadvantage. In particular, this article considers whether the funding and delivery of government services at... |
2010 |
| Jason R. Graves |
State of Emergency: Why Georgia's Standard of Care in Emergency Rooms Is Harmful to Your Health |
45 Georgia Law Review 275 (Fall, 2010) |
Patricia is finally starting to get a grip on her tumultuous life circumstances. Following a recent divorce, she and her four-year-old daughter have moved back to Georgia to live with her sister, Sharon. Even though thirty-five-year-old Patricia had appeared to put her stressful past behind her, she could not shake an unexplainable feeling that... |
2010 |
| Meridel J. Bulle-Vu |
Statistical Intent: a Post-sandoval Litigation Strategy for Title Vi 'Impact' Cases |
17 Georgetown Journal on Poverty Law and Policy 461 (Summer, 2010) |
Nearly five decades after the civil rights movement, racial discrimination continues to plague American life. Our country may optimistically believe itself to be a meritocracy driven by equal opportunity, but in reality, racial discrimination and disparity undermine the very institutions that promote equality. Health care, education, housing,... |
2010 |
| Lisa M. Keels |
Substantially Limited: the Reproductive Rights of Women Living with Hiv/aids |
39 University of Baltimore Law Review 389 (Spring 2010) |
Women living with HIV/AIDS are frequently marginalized because of gender, health status, and, often, socioeconomic class. This Article explores the tension between the law and reproductive rights of women living with HIV/AIDS by analyzing both legal precedents and the evolving public health understanding of HIV/AIDS and reproduction. Of pivotal... |
2010 |
| Beth Ribet |
Surfacing Disability Through a Critical Race Theoretical Paradigm |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 209 (Fall, 2010) |
From its inception, a number of the founders of Critical Race Studies (CRS) have articulated a praxis and methodology acutely focused on race, and also intently conscious of intersectionality. Disability prospectively merges with the project of producing knowledge within a CRS frame both as part of the study of intersectionality, and also as part... |
2010 |
| Thaddeus Mason Pope |
Surrogate Selection: an Increasingly Viable, but Limited, Solution to Intractable Futility Disputes |
3 Saint Louis University Journal of Health Law & Policy 183 (2010) |
Introduction. 185 I. The Nature and Prevalence of Medical Futility Disputes. 190 A. What Is a Medical Futility Dispute?. 191 1. Physician Reasons for Refusing Requested Treatment. 194 2. Surrogate Reasons for Requesting Non-recommended Treatment. 199 B. Prevalence of Futility Disputes. 203 C. Most Futility Disputes Are Resolved Collaboratively. 204... |
2010 |
| Vernellia R. Randall |
Teaching Diversity Skills in Law School |
54 Saint Louis University Law Journal 795 (Spring 2010) |
Interviewer: Thanks for doing this interview. Could you tell us something about yourself? Professor Randall: Absolutely! I have been teaching law for over 20 years. During those 20 years, I have taught Remedies, Professional Responsibilities, Torts, Criminal Law, Race and Racism in American Law, and Gender and the Law. I appreciate the opportunity... |
2010 |
| Linda Morton, J.D., , Howard Taras, M.D., , Vivian Reznik, M.D., M.P.H. |
Teaching Interdisciplinary Collaboration: Theory, Practice, and Assessment |
13 Quinnipiac Health Law Journal 175 (2010) |
Interdisciplinary collaboration has long been a focal point for certain professions, such as social work and medicine. More recently, with increased globalization and the call for complex problem solving, lawyers have recognized the need to work more collaboratively with other professions. To support this concept of interdisciplinary collaboration,... |
2010 |
| Rebecca Gross |
The "I" in Indigenous: Enforcing Individual Rights Guarantees in an Indigenous Group Rights Context |
23 New York International Law Review 65 (Summer, 2010) |
On November 4, 2007, in the rural foothills of Mexico, a small town of about 1,500 people held what seemed like a routine local election for town mayor. One of the candidates, Eufrosina Cruz, 27, did not fare so well, for the entirety of the ballots cast in her favor were deemed invalid. The all-male town board had a very good reason for... |
2010 |
| Richard C. Boldt |
The "Tomahawk" and the "Healing Balm" : Drug Treatment Courts in Theory and Practice |
10 University of Maryland Law Journal of Race, Religion, Gender and Class 45 (Spring 2010) |
There is a strong association in the United States (U.S.) between the misuse of alcohol and other drugs and criminal offending. The correlation is complex, as there are a number of predisposing factors that are common both to substance abuse and to criminal involvement, including poverty, unemployment, and mental illness. Whatever the precise... |
2010 |
| Lucy Panza |
The (Un)holy Trinity: Unconscionable Contracts Between Latinas and the Family, Religion, and the State |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 299 (Fall, 2010) |
Cecilia is a 44-year old Mexican immigrant living in the Adams Morgan neighborhood of the District of Columbia. She entered the United States illegally with her husband, Ernesto, in 2001 while she was pregnant with her first son, Antonio. He was born shortly after they settled in D.C. Ever since she and Ernesto arrived, Cecilia has been working... |
2010 |
| John Torpey , Maxine Burkett |
The Debate over African American Reparations |
6 Annual Review of Law and Social Science 449 (2010) |
racial inequality, redress, coming to terms with the past This article offers an overview of the debate over reparations for African Americans in the United States. We state the point in this way because there is little consensus about the cause of action for which reparations are sought, whether for slavery or segregation; for that matter, there... |
2010 |
| Adam Atherly, Ph.D., , Zhou Yang |
The Economics of Prevention and Medicare: the Challenge, Potential Solutions and Current Results |
12 Marquette Elder's Advisor 67 (Fall 2010) |
The purpose of this paper is to explore the potential role of prevention in helping to control future Medicare costs. Medicare is the biggest public financed health insurance program in the United States. Medicare provides subsidized health insurance coverage for forty-five million beneficiaries - thirty-seven million over age sixty-five - and... |
2010 |
| Burt Neuborne |
The Gravitational Pull of Race on the Warren Court |
2010 Supreme Court Review 59 (2010) |
The fiftieth anniversary of the Supreme Court Review lends itself to looking backward to the ferment in constitutional law that began in 1952 with the first oral argument in Brown v Board of Education, and ended twenty-one years later with the plaintiffs' loss in San Antonio Independent School District v Rodriguez --a ferment that led to the... |
2010 |
| Andrew E. Taslitz |
The Happy Fourth Amendment: History and the People's Quest for Constitutional Meaning |
43 Texas Tech Law Review 137 (Fall, 2010) |
I will argue here that history should play an expansive, though by no means decisive, role in giving the Fourth Amendment meaning. By expansive, I mean two things: first, temporally expansive, the broad swathe of American history and not just some founding moment matters; second, morally expansive, history as a guide to wisdom about how best to... |
2010 |
| M. Kathleen Dingeman , Rubén G. Rumbaut |
The Immigration-crime Nexus and Post-deportation Experiences: En/countering Stereotypes in Southern California and El Salvador |
31 University of La Verne Law Review 363 (May, 2010) |
Most of our attention to crime among immigrants has not been due to a desire to try to understand crime. Our judgments have been colored by our prejudices . . . and evidence to the contrary is neither sought nor welcome. The continued indictment for criminality of those just arrived is as old as the history of our country, and has been directed,... |
2010 |
| Kate Scannell, M.D., F.A.C.P. |
The Immortal Life of Henrietta Lacks Rebecca Skloot (Crown Publishers, New York, Ny, 2010), 369 Pages, $26.00 |
31 Journal of Legal Medicine 493 (October-December, 2010) |
Journalist Rebecca Skloot's new book is a gripping read that embodies all abstractions about research ethics in a compelling tale about Henrietta Lacks-- a woman whose microscopic cancerous cells shook the world's medical establishment in 1951. Doubtless, before the publication of this book, few people outside of medical or research circles would... |
2010 |
| Creola Johnson |
The Magic of Group Identity: How Predatory Lenders Use Minorities to Target Communities of Color |
17 Georgetown Journal on Poverty Law and Policy 165 (Spring, 2010) |
Magic Johnson, successful entrepreneur and former NBA star, is the pitchman for tax refund loans offered by Jackson Hewitt. He is the latest example of Corporate America using minorities to target communities of color for predatory loans. All types of lenders are featuring minority celebrities in advertising, hiring minorities in key positions to... |
2010 |
| Naomi Murakawa, Katherine Beckett |
The Penology of Racial Innocence: the Erasure of Racism in the Study and Practice of Punishment |
44 Law and Society Review 695 (September/December, 2010) |
In post--civil rights America, the ascendance of law-and-order politics and postracial ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is... |
2010 |