| Author | Title | Citation | Summary | Year |
| Cynthia M. Ward , Nelson P. Miller |
The Role of Law Schools in Shaping Culturally Competent Lawyers |
89-JAN Michigan Bar Journal 16 (January, 2010) |
Cultural-competence training begins with law school admissions. Education in cultural competence involves more than admitting law students of different cultures. Other opportunities exist for cultural-competence training in co- and extracurricular activities. This article discusses the role of law schools in providing cultural-competence... |
2010 |
| Dayna Bowen Matthew |
The Social Psychology of Limiting Healthcare Benefits for Undocumented Immigrants -- Moving Beyond Race, Class, and Nativism |
10 Houston Journal of Health Law & Policy 201 (Spring 2010) |
[O]ur history tells us that immigration in the American story has always been controversial--associated always with both benefits and costs. . . . For native populations, European immigration meant death by disease, warfare, and social disorganization, a virtual genocide in which their populations fell by 90 percent by 1600. . . . When these... |
2010 |
| Kitty Calavita |
The Struggle for Racial Justice: the Personal, the Political, and the Economic |
44 Law and Society Review 495 (September/December, 2010) |
As I sit down to write this, The Blind Side, Avatar, and Precious are all being talked about as candidates for best-picture Oscars. They are of course cinemagraphically impressive. But beyond their gloss and technical achievements, these films share some distressing themes. All three set up a racial hierarchy in which whites are the heroes and... |
2010 |
| Helen Norton |
The Supreme Court's Post-racial Turn Towards a Zero-sum Understanding of Equality |
52 William and Mary Law Review 197 (October, 2010) |
The Supreme Court-along with the rest of the country-has long divided over the question whether the United States has yet achieved a post-racial society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for constitutional and statutory antidiscrimination law. Indeed, a post-... |
2010 |
| Christina O. Hud |
The Virginia Gardasil Law: a Constitutional Analysis of Mandated Protection for Schoolchildren Against the Human Papillomavirus |
17 Washington and Lee Journal of Civil Rights and Social Justice 223 (Fall, 2010) |
C1-3Table of Contents L1-2Introduction . R3224. I. The Impact of Injecting Gardasil into American Society. 226 A. The Human Papillomavirus (HPV). 226 B. The Gardasil Vaccine. 229 II. Enforcing Gardasil Vaccinations in Public Schools: To What Extent Can the Government Constitutionally Require Schoolchildren to be Vaccinated with Gardasil?. 231 A.... |
2010 |
| Geneva Brown |
The Wind Cries Mary--the Intersectionality of Race, Gender, and Reentry: Challenges for African-american Women |
24 Saint John's Journal of Legal Commentary 625 (Summer 2010) |
To deliver up bodies destined for profitable punishment, the political economy of prisons relies on racialized assumptions of criminality--such as images of black welfare mothers reproducing criminal children--and on racist practices in arrest, conviction, and sentencing patterns. Angela Davis warned of the impending growth of the prison industrial... |
2010 |
| Renée M. Landers |
Tomorrow May Finally Have Arrived--the Patient Protection and Affordable Care Act: a Necessary First Step Toward Health Care Equity in the United States |
6 Journal of Health & Biomedical Law 65 (2010) |
Tomorrows Tomorrows never seem to stay, Tomorrow will be yesterday Before you know. Tomorrows have a sorry way Of turning into just today, And so . . . and so . . . On March 23, 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (PPACA) --the conclusion of a year-long legislative process aimed at... |
2010 |
| I. Glenn Cohen , Daniel L. Chen |
Trading-off Reproductive Technology and Adoption: Does Subsidizing Ivf Decrease Adoption Rates and Should it Matter? |
95 Minnesota Law Review 485 (December, 2010) |
Introduction. 486 I. Background on Reproductive Technologies and Adoption. 489 A. Infertility and IVF in the United States. 489 B. Adoption in the United States. 493 II. The Policy Debate Over State-Level Insurance Mandates Covering IVF: Do States Have an Obligation to Improve Access to Reproductive Technologies Even If It Decreases Adoptions?. 500... |
2010 |
| Lawrence O. Gostin |
Transforming Global Health Through Broadly Imagined Global Health Governance |
4 McGill Journal of Law and Health 3 (August, 2010) |
In this article I examine the compelling need for a new global health governance system and propose two innovative solutions. The global community has widely accepted the normative value of health. Despite this recognition, unsettling disparities persist between the world's rich and poor. Donors' geostrategic goals and philanthropists'... |
2010 |
| Angelique EagleWoman , (Wambdi A. WasteWin) |
Tribal Nations and Tribalist Economics: the Historical and Contemporary Impacts of Intergenerational Material Poverty and Cultural Wealth Within the United States |
49 Washburn Law Journal 805 (Spring 2010) |
Let us put our minds together to see what we can build for our children. Itancan Tatanka Iyotaka (Chief Sitting Bull) The poor quality of life and material impoverishment that is the situation for the majority of tribal citizens within the United States is unacceptable, especially in light of the U.S. policies that have created the poverty... |
2010 |
| Heather Joy Baker |
We Don't Want to Scare the Ladies: an Investigation of Maternal Rights and Informed Consent Throughout the Birth Process |
31 Women's Rights Law Reporter 538 (Summer 2010) |
The protection of reproductive rights. . . is not a matter of some vague or generalized notion of privacy but of a woman's autonomy to decide for herself her life's course, and thus to enjoy equal citizenship stature. - Ruth Bader Ginsburg (2007) Although stigmatized by its frequent employment in the abortion debate, a woman's right to... |
2010 |
| Michelle A. Travis |
What a Difference a Day Makes, or Does It? Work/family Balance and the Four-day Work Week |
42 Connecticut Law Review 1223 (May, 2010) |
This Article considers the growing reliance that four-day work week advocates have placed on work/family claims. It begins by analyzing whether a compressed work schedule may alleviate work/family conflicts, and more importantly, for whom such benefits are most likely to accrue. While studies consistently find that many workers experience lower... |
2010 |
| Ariel E. Dulitzky |
When Afro-descendants Became "Tribal Peoples": the Inter-american Human Rights System and Rural Black Communities |
15 UCLA Journal of International Law and Foreign Affairs 29 (Spring 2010) |
The inter-American human rights system has established itself as a permanent and prominent actor in the discussion on the protection of indigenous and Afro-descendant collective territorial rights. It has done so by demonstrating receptivity to the territorial demands of indigenous and Afro-descendant peoples. The inter-American jurisprudence, in... |
2010 |
| Amy D. Ronner |
When Courts Let Insane Delusions Pass the Rational Basis Test: the Newest Challenge to Florida's Exclusion of Homosexuals from Adoption |
21 University of Florida Journal of Law and Public Policy 1 (April, 2010) |
In A Rose for Emily, William Faulkner's character, Emily Grierson, has been sleeping with her dead lover's corpse for forty years. Upon her death, the townsfolk enter Emily's hermetically sealed boudoir to find decomposed Homer Barron in her bed. The body had apparently once lain in the attitude of an embrace, but now the long sleep that outlasts... |
2010 |
| Janet L. Dolgin , Katherine R. Dieterich |
When Others Get Too Close: Immigrants, Class, and the Health Care Debate |
19 Cornell Journal of Law & Public Policy 283 (Spring 2010) |
This Article describes one genre of contemporary anti-immigrant rhetoric, examines the social and economic forces that engender that rhetoric, and delineates its implications for the national debate about health care reform. The Article details the underlying significance of America's opaque, yet highly competitive, class system to immigration... |
2010 |
| David V. Fazzino II |
Whose Food Security? Confronting Expanding Commodity Production and the Obesity and Diabetes Epidemics |
15 Drake Journal of Agricultural Law 393 (Fall, 2010) |
I. Introduction. 393 II. International Food Security Law and Policy. 394 III. Food Security Law and Policy in the United States. 398 IV. Health Impacts of Food Law and Policy. 402 A. Diseases of Affluence in the United States: Obesity and Diabetes. 403 B. Diseases of Affluence Among Native Americans: Obesit and Diabetes. 406 V. Historical... |
2010 |
| Majora Carter and et.al. |
Whose Survival? Environmental Justice as a Civil Rights Issue(a Panel Discussion) |
13 New York City Law Review 257 (Spring 2010) |
PROFESSOR CARMEN HUERTAS-NOBLE: Environmental justice is a very timely and important topic facing our communities. Like communities of color all across the country, pockets of the Bronx, Brooklyn, Queens, Manhattan, and Staten Island battle high rates of asthma, cancer and lead-related illnesses. Some of our panelists have worked in the South Bronx... |
2010 |
| Ralph Richard Banks , Richard Thompson Ford |
(How) Does Unconscious Bias Matter?: Law, Politics, and Racial Inequality |
58 Emory Law Journal 1053 (2009) |
During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people... |
2009 |
| John Sanchez |
2008-2009 Survey of Florida Public Employment Law |
34 Nova Law Review 151 (Fall, 2009) |
I. Introduction. 153 II. Hiring Issues: Introduction. 153 A. Special Programs for Hiring Veterans and Mid-Career Teachers. 153 B. Privatization. 154 C. Background Checks. 155 D. Nepotism. 157 E. Immigration. 157 F. Ethics. 159 1. Supreme Court Decisions. 159 2. Executive Orders. 159 3. Supreme Court of Florida Decisions. 159 4. Florida Legislation.... |
2009 |
| Michele Goodwin |
A Few Thoughts on Assisted Reproductive Technology |
27 Law & Inequality: A Journal of Theory and Practice 465 (Summer 2009) |
This Symposium comes at a pivotal time in reproductive technology history. Only months ago Nadya Suleman delivered octuplets, setting off a whirlwind of speculation and ethical inquiry as to what the appropriate protocols should be when families seek to procreate using assisted reproductive technology (ART). Arguably, the strident criticism leveled... |
2009 |
| Sara Sun Beale |
A Response to the Critics of Corporate Criminal Liability |
46 American Criminal Law Review 1481 (Fall, 2009) |
For more than fifty years, most criminal law and corporate scholars in the United States have been opposed to corporate criminal liability, arguing that it should be eliminated or at least strictly limited. In this symposium issue, for example, Albert Alschuler argues that corporate criminal punishment is a mistake. He likens corporate criminal... |
2009 |
| Sarah Smith Kuehnel |
Abstinence-only Education Fails African American Youth |
86 Washington University Law Review 1241 (2009) |
Studies consistently reveal that approximately half of all adolescents engage in sexual intercourse before graduating high school, and many legal scholars have analyzed the correlation between youths' sexual activity and abstinence-only sex education. Studies also consistently reveal that the percentage of Black American adolescents engaging in... |
2009 |
| Susan B. Apel |
Access Denied: Assisted Reproductive Technology Services and the Resurrection of Hill-burton |
35 William Mitchell Law Review 412 (2009) |
I. Introduction. 412 II. ART: Access Denied. 413 III. The Hill-Burton Act: History and Explanation. 417 IV. Community Service Assurance: Can It Be Applied to ART?. 423 V. Other Potential Problems in Applying Hill-Burton. 425 A. The Hill-Burton Program is no longer active. 425 B. An individual seeking services may not be within the territorial area... |
2009 |
| Kia C. Franklin |
Advocacy in Health Proceedings in New York State |
25 Touro Law Review 437 (2009) |
Individuals and communities navigating the healthcare system without an advocate often experience devastating outcomes and become burdened with unnecessary costs. These negative outcomes undermine the very utility of our healthcare system. The creation of a legal right to counsel for individuals with critical health related claims would meet an... |
2009 |
| Phoebe Weaver Williams |
Age Discrimination in the Delivery of Health Care Services to Our Elders |
11 Marquette Elder's Advisor 1 (Fall 2009) |
You are contacted by a colleague, an active, engaged academic who researches, publishes, and lectures. He has just learned he has cancer. Despite his requests, physicians have refused to treat his condition. Citing his advanced age--he is in his mid- nineties--physicians have only offered him hospice care. He seeks your help. Since what he desires... |
2009 |
| Dekera Greene |
Ain't No Peace until We Get a Piece: Exploring the Justiciability and Potential Mechanisms of Reparations for American Blacks Through United States Law, Specific Modes of International Law, and the Covenant for the Elimination of All Forms of Racial Discr |
5 Modern American 10 (Spring, 2009) |
In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't... |
2009 |
| Taylor Burke , Sara Rosenbaum |
Aligning Health Care Market Incentives in an Information Age: the Role of Antitrust Law |
5 Journal of Health & Biomedical Law 151 (2009) |
On May 11, 2009, the Obama Administration announced a new antitrust enforcement policy that promises increased anti-trust scrutiny for many industries, including health care, a reversal of the previous administration's approach, which strongly favored businesses against anti-trust claims. Of particular concern in the health care sector has been the... |
2009 |
| Julia D. Mahoney |
Altruism, Markets, and Organ Procurement |
72 Law and Contemporary Problems 17 (Summer 2009) |
For decades, the dominant view among biomedical ethicists, transplantation professionals, and the public at large has been that altruism, not financial considerations, should motivate organ donors. Proposals to compensate sources of transplantable organs or their survivors, although endorsed by a number of economists and legal scholars, have been... |
2009 |
| Marsha Weissman |
Aspiring to the Impracticable: Alternatives to Incarceration in the Era of Mass Incarceration |
33 New York University Review of Law and Social Change 235 (2009) |
In 1976, a remarkable handbook for reducing the reliance on incarceration was produced by a group of ordinary citizens known as the Prison Research Education Action Project (PREAP). Instead of Prisons was written to call attention to the overuse of incarceration at a time when the United States prison population was about 250,000. The handbook... |
2009 |
| Jonathan Kahn |
Beyond Bidil: the Expanding Embrace of Race in Biomedical Research and Product Development |
3 Saint Louis University Journal of Health Law & Policy 61 (2009) |
In 2005, the U.S. Food and Drug Administration (FDA) approved the drug, BiDil®, for treatment of heart failure in black patients. The approval of this first, and currently only, race-specific drug provoked an energetic and sustained discussion of the propriety of using racial categories in drug development in a wide array of media and... |
2009 |
| Ralph Richard Banks |
Beyond Colorblindness: Neo-racialism and the Future of Race and Law Scholarship |
25 Harvard BlackLetter Law Journal 41 (Spring 2009) |
Anniversaries are a time to reflect, to reexamine the present and look toward the future by taking account of the past. The 25th anniversary of the Harvard BlackLetter Law Journal is a momentous occasion. Generations of law students have worked, often late into the night, to produce a quality journal of race and law scholarship. Although in its... |
2009 |
| Michele Goodwin |
Bio Law: a Few Thoughts about Altruism and Markets |
18-WTR Kansas Journal of Law & Public Policy 208 (Winter 2009) |
My scholarship examining black and gray markets in body parts grows out of curious and quirky research that began nearly two decades ago. It began with sleuthing property rights and ownership legacies associated with the deceased at cemeteries. Who owns those bodies? Answering that question necessarily leads us to other inquiries across a bumpy,... |
2009 |
| Faith R. Rivers |
Bridging the Black-green-white Divide: the Impact of Diversity in Environmental Nonprofit Organizations |
33 William and Mary Environmental Law and Policy Review 449 (Winter, 2009) |
Nonprofit organizations have been the lifeblood of the environmental movement. While charitable organizations have played an important role in the evolution of American society for centuries, environmental nonprofits are a relatively new development. These organizations, and the governmental policies that support and encourage the charitable sector... |
2009 |
| Adrienne Lyles-Chockley |
Building Livable Places: the Importance of Landscape in Urban Land Use, Planning, and Development |
16 Buffalo Environmental Law Journal 95 (2008-2009) |
C1-2Table of Contents I. A History of Landscape Policy. 97 II. Landscape Architecture is a Necessary Urban Planning Consideration. 100 A. Landscape Architecture and Social Consciousness. 101 B. Reconciliation of environmental considerations and low-income housing development. 103 C. Landscape Architecture for Crime Prevention. 105 III. Landscape as... |
2009 |
| Adjoa Artis Aiyetoro |
Can We Talk? How Triggers for Unconscious Racism Strengthen the Importance of Dialogue |
22 National Black Law Journal 1 (Fall, 2009) |
The recent arrest of Henry Louis Gates, Jr. illustrates the need to heal the racial divide in the United States. This Article expands on the scholarship of unconscious racism by exploring a trigger that up to this point scholars have only alluded to, the language of race: language that suggests that the persons about whom the speaker is speaking... |
2009 |
| Abigail English , Carol A. Ford , John S. Santelli |
Clinical Preventive Services for Adolescents: Position Paper of the Society for Adolescent Medicine |
35 American Journal of Law & Medicine 351 (2009) |
Over the past several years, new vaccines have become available to prevent serious illnesses and conditions in the adolescent population. Several have already been approved by the FDA for use in this age group; others are still in development. Recently, significant public attention has been focused on the availability of vaccines for several... |
2009 |
| Amy Killelea |
Collaborative Lawyering Meets Collaborative Doctoring: How a Multidisciplinary Partnership for Hiv/aids Services Can Improve Outcomes for the Marginalized Sick |
16 Georgetown Journal on Poverty Law and Policy 413 (Fall, 2009) |
I'm tryin' to keep it all together, but it's like one thing after another and before you know it I can't handle it any more. Even the medicine they keep givin' me is makin' me sick. Them people at Social Security, they don't care, my landlord don't care, no one cares. I just want to be treated like somebody, you know? If I could work, I'd work, but... |
2009 |
| Rhonda V. Magee |
Competing Narratives, Competing Jurisprudences: Are Law Schools Racist? And the Case for an Integral Critical Approach to Thinking, Talking, Writing, and Teaching about Race |
43 University of San Francisco Law Review 777 (Spring 2009) |
SINCE YOU ARE READING THESE words --the second in a series of essays written by me and printed by this Law Review, the sixth in a series of articles including writings from the two other law professors in this colloquy--you deserve to know that as I write this by hand, and only minutes after getting out of bed, I have not properly composed myself.... |
2009 |
| Michele Goodwin |
Confronting the Limits of Altruism: a Response to Jake Linford |
2 Saint Louis University Journal of Health Law & Policy 327 (2009) |
For nearly two and a half decades an organ transplant bubble has persisted under the neglectful gaze of federal legislators. The neglect--not an absence of attention altogether--but rather, a myopic strain to see anything other than what seemed to be the right vision for transplantation in 1984, dominates contemporary legislative response. In 1984,... |
2009 |
| Michelle A. McKinley |
Conviviality, Cosmopolitan Citizenship, and Hospitality |
5 Unbound: Harvard Journal of the Legal Left 55 (2009) |
It's not just that increasingly many people have no roots, It's also that they have no soil. On August 29, 2005, Hurricane Katrina hit Southeastern Louisiana with devastating force. Those most affected within the city of New Orleans, the majority of whom were poor, elderly, and African-American, lost their lives, homes, and means of livelihood. As... |
2009 |
| LaWanda Johnson |
Creating Juvenile Justice Models for Change |
93 Judicature 22 (July-August 2009) |
The recent story of two corrupt Pennsylvania judges who admitted to receiving millions in secret payments from operators of private for profit juvenile facilities--reportedly in exchange for ordering youth to be detained in those same facilities--shocked the conscience of the nation. Although obviously an extreme and unusual case, the scandal... |
2009 |
| Deleso Alford Washington |
Critical Race Feminist Bioethics: Telling Stories in Law School and Medical School in Pursuit of "Cultural Competency" |
72 Albany Law Review 961 (2009) |
I know Sisters. I know Sisters who lived lives full enough to be stories- Her-stories untold, Carried through the heartbeat of mother's wit . . . all the time being othered by legal fictions that turn humans to chattel property; Allowing her and her-story to be created, bought and sold. I know Sisters. Sister Anarcha got a story for all to... |
2009 |
| Michael J. Malinowski |
Dealing with the Realities of Race and Ethnicity: a Bioethics-centered Argument in Favor of Race-based Genetics Research |
45 Houston Law Review 1415 (Winter 2009) |
I. Introduction. 1417 II. Measuring the Genetic Reality of Race, Then and Now. 1425 A. Genetic Anthropology and Evolutionary Biology. 1426 B. The Social Scientists. 1427 C. The Surge in Population Genetics. 1429 III. The Ongoing Debate Over Race-Based Research. 1433 A. Opponents. 1433 B. Proponents. 1439 C. The Debate Applied: HapMap and BiDil.... |
2009 |
| Timothy Caulfield |
Defining "Race" as the Defining Problem |
45 Houston Law Review 1475 (Winter 2009) |
I. Introduction. 1475 II. The Value of Race in Research. 1476 III. Terminology Slippage. 1478 IV. The Social Concerns. 1480 V. Conclusion. 1481 It has been stated that race is a thing of our world like no other. It is a concept that has had a long, prominent, and (usually) less than constructive role in world history. And it remains the focus... |
2009 |
| Rashmi Goel |
Delinquent or Distracted? Attention Deficit Disorder and the Construction of the Juvenile Offender |
27 Law & Inequality: A Journal of Theory and Practice 1 (Winter 2009) |
William and Billy, two boys, each 13 years old, appear in juvenile court. Neither has any criminal history. Both are doing poorly in school. Both have been cited for truancy in the past. Both are appearing on assault charges arising out of schoolyard fights. If we could peer into their brains, we would find that both have the same brain chemistry,... |
2009 |
| Sonje Hawkins |
Desert in the City: the Effects of Food Deserts on Healthcare Disparities of Low-income Individuals |
19 Annals of Health Law Advance Directive 116 (Fall, 2009) |
Food is necessary for the very existence of human beings, but food is not always a privilege that all enjoy. The lack of access to healthy foods is a silent problem in the United States that has been largely dwarfed by starvation in other areas of the world. A growing amount of research has begun to surface surrounding areas in the U.S. with little... |
2009 |
| William N. Myhill, Peter Blanck |
Disability and Aging: Historical and Contemporary Challenges |
11 Marquette Elder's Advisor 47 (Fall 2009) |
Older Americans and Americans with disabilities face challenges actively participating in the workforce and community, living independently, and aging in place. The proportion of older adults in the U.S. population is growing rapidly. Similarly, individuals with life-long or existing disabilities are experiencing increased life expectancy compared... |
2009 |
| Kimberly M. Mutcherson |
Disabling Dreams of Parenthood: the Fertility Industry, Anti-discrimination, and Parents with Disabilities |
27 Law & Inequality: A Journal of Theory and Practice 311 (Summer 2009) |
To be a reproductive endocrinologist is to wield tremendous power over procreation. On a daily basis, these physicians help hundreds of people around the globe create babies. Critics of the fertility industry frequently lament that those working in the field of reproductive technology are playing God, as they manipulate embryos, create and sustain... |
2009 |
| Daniel Avants |
Disparity in Patient Care and a Physician Pay-for-performance Compensation Model as a Possible Solution |
19 Annals of Health Law Advance Directive 46 (Fall, 2009) |
Disparity is prevalent in the American healthcare system and creates unequal care for the poor as well as racial and ethnic minorities. Although this problem is recognized, and some efforts have been made to improve the situation, disparities continue to worsen. The poor and other minorities have seen their quality of care and access to care... |
2009 |
| Patrick S. Shin |
Diversity V. Colorblindness |
2009 Brigham Young University Law Review 1175 (2009) |
There seems to be broad social consensus that racial diversity is generally a good thing. Disagreements tend to focus on the constraints we should observe in bringing such diversity about. Evaluating the justification of such constraints requires understanding the kind of good that racial diversity is supposed to constitute. In this Article, I draw... |
2009 |