| Author | Title | Citation | Summary | Year |
| Michael Ash , Stephen Arons |
Economic Parameters of End-of-life Care: Some Policy Implications in an Era of Health Care Reform |
31 Western New England Law Review 305 (2009) |
Decisions about patient care at the end of life are perhaps the most complex, emotionally wrenching, and difficult--yet among the least avoidable--of all of life's decisions. Although the dilemmas of end-of-life care decision-making have many common threads, each situation is inherently unique to the patient and his family. These decisions reflect... |
2009 |
| Derrick Darby |
Educational Inequality and the Science of Diversity in Grutter: a Lesson for the Reparations Debate in the Age of Obama |
57 University of Kansas Law Review 755 (May, 2009) |
Courts know today that statutes are to be viewed, not in isolation or in vacuo, as pronouncements of abstract principles for the guidance of an ideal community, but in the setting and the framework of present-day conditions, as revealed by the labors of economists and students of the social sciences in our own country and abroad. More than five... |
2009 |
| Michele Goodwin |
Empires of the Flesh: Tissue and Organ Taboos |
60 Alabama Law Review 1219 (2009) |
I. Empirical Overview. 1222 A. Bi-Coastal Problem. 1223 B. Organs. 1225 C. Tissues. 1231 II. Default Consent Rules and Presumed Consent. 1235 III. Incentives. 1240 A. Tissues. 1241 B. Organs. 1242 C. Class and Corruption. 1243 D. Are We Better Off With Incentives?. 1244 IV. Conclusion and a Few Pragmatic Considerations. 1246 |
2009 |
| David D. Troutt |
Essay: Barack Obama, "Post-raciality" and Mythic-rhetorical Regime Change |
22 National Black Law Journal 1 (Fall, 2009) |
It is an honor to share this important event with you, and I am grateful to the organizers for having me. The question in the topic is whether Barack Obama's presidency somehow signals the start of a postracial period. That would mean that it alone contains the power to effect a transformation of deeply embedded beliefs, relationships,... |
2009 |
| Susie Shin |
Ethnic Disparities in Influenza Immunization Rates |
18 Annals of Health Law Advance Directive 125 (Spring, 2009) |
Influenza causes 36,000 deaths and more than 200,000 hospitalizations per year in the United States. Ninety percent of these deaths include individuals aged sixty-five and older who are especially susceptible to influenza. If these individuals had received the influenza vaccine, mortality and morbidity rates would be reduced, especially among... |
2009 |
| John E. Scheibelhut |
Exempt No More: an Examination of the Ninth Circuit's Recent Application of Section 501(c)(4) to Non-profit Health Insurance Providers |
55 Wayne Law Review 1583 (Fall, 2009) |
The recent decision of the Ninth Circuit Court of Appeals in Vision Service Plan v. United States has created a great deal of uncertainty in the health care industry concerning the requirements that a non-profit health insurance provider must meet in order to qualify as a tax-exempt social welfare organization. This Note will analyze the impact of... |
2009 |
| Namrata Kotwani, B.A. , Marion Danis, M.D. |
Expanding the Current Health Care Reform Debate: Making the Case for Socio-economic Interventions for Low Income Young Adults |
12 Journal of Health Care Law and Policy 17 (2009) |
Improving population health and reducing unjustifiable health disparities is heavily predicated on addressing the predisposing factors--the social determinants of health--that make people vulnerable to ill health. Philosophers and policy experts alike have vigorously argued in favor of addressing the non-medical determinants of health within... |
2009 |
| Scott Burris , Evan D. Anderson , Leo Beletsky , Corey S. Davis |
Federalism, Policy Learning, and Local Innovation in Public Health: the Case of the Supervised Injection Facility |
53 Saint Louis University Law Journal 1089 (Summer 2009) |
Introduction. 1090 I. IDUs and SIFs. 1095 A. Injection Drug Use and Its Harms. 1095 B. Supervised Injection Facilities. 1099 II. State Authority to Create an SIF. 1105 A. Legislative Authorization. 1106 B. Administrative Authorization. 1109 C. Authorization by Referendum. 1111 III. Federal Opposition to a State-Authorized SIF. 1112 A. Federal... |
2009 |
| Gwendolyn Roberts Majette |
From Concierge Medicine to Patient-centered Medical Homes: International Lessons & the Search for a Better Way to Deliver Primary Health Care in the U.s. |
35 American Journal of Law & Medicine 585 (2009) |
Primary care is crucial to the United States health care system. It is essential to the provision of high quality care; including the ability to reach health outcomes, ensure patient satisfaction, and facilitate efficient resource use. Primary care also places strong emphasis on health promotion, disease prevention, and care of the chronically... |
2009 |
| Neomi Rao |
Gender, Race, and Individual Dignity: Evaluating Justice Ginsburg's Equality Jurisprudence |
70 Ohio State Law Journal 1053 (2009) |
American equal protection jurisprudence reflects various competing conceptions of equality. This Article will compare Justice Ginsburg's treatment of gender and racial classifications. When considering constitutional challenges to gender classifications, Justice Ginsburg has focused closely on individual merit and eliminating barriers that deny... |
2009 |
| Sonia M. Suter |
Giving in to Baby Markets: Regulation Without Prohibition |
16 Michigan Journal of Gender & Law 217 (2009) |
Introduction 217 I. Commodification and Personhood Interests 221 II. Giving in to Baby Markets 232 III. Coercion, Distorted Decision Making, and Power Imbalances 234 A. Arguments Against Prohibition 240 B. Informed Consent 242 C. An Unregulated Infertility Industry 252 IV. Relational Autonomy and Anonymity of Donors 260 V. Access ... |
2009 |
| John Bronsteen , Christopher Buccafusco , Jonathan Masur |
Happiness and Punishment |
76 University of Chicago Law Review 1037 (Summer, 2009) |
This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for... |
2009 |
| Bree Bernwanger |
Health Care Access |
10 Georgetown Journal of Gender and the Law 891 (2009) |
I. Historical Perspective on Health Care in the United States. 892 A. Access to Health Care in American Law: Defined. 893 B. Historical Scope of Statutory Protections.. 895 1. Unsuccessful State-Level Duties to Provide Emergency Health Care. 895 2. The Hill-Burton Act--A Problematic Federal First Attempt at a Duty to Provide Emergency Care. 896 C.... |
2009 |
| Patricia C. Gunn |
Health Care Refugees |
6 Loyola University Chicago International Law Review 339 (Spring/Summer 2009) |
Developed nations of the world have long helped refugees who have been forced to flee their homes because of natural disasters, wars, genocides, and other catastrophes. Developed nations should now consider giving special humanitarian protection to a new class of refugees: the health care refugee . Life-threatening illnesses or injuries are no... |
2009 |
| Stacy Elmer |
Health Disparities and Historical Injustice in Sierra Leone: a Case for Reparations? |
57 University of Kansas Law Review 971 (May, 2009) |
You would rather have a Lexus or justice, a dream or some substance? A Beamer, a necklace, or freedom? -- Dead Prez, Hip-Hop In 2000, the World Health Organization ranked Sierra Leone as the country with the least efficient health system of any country in the world. With sixty-eight percent of its population living below the poverty line, Sierra... |
2009 |
| Tamara L. Rogers-Gant |
Health Disparities at Historical Black Colleges and Universities: Hiv Epidemic among Young African Americans |
19 Annals of Health Law Advance Directive 142 (Fall, 2009) |
According to the Center for Disease Control and Prevention (CDC), acquired immunodeficiency syndrome (AIDS) is the leading cause of death among African Americans between the ages of twenty-five and forty-four. Although African Americans comprise approximately 12% of the United States' population, African Americans comprise 45% of all new Human... |
2009 |
| Joanna N. Erdman |
Human Rights in Health Equity: Cervical Cancer and Hpv Vaccines |
35 American Journal of Law & Medicine 365 (2009) |
Cervical cancer is widely referred to as a striking and tragic case of health inequity. There is no shortage of scientific knowledge or technical intervention. Cervical cancer is preventable and treatable through existing measures. These measures have dramatically decreased cervical cancer incidence and mortality, but their benefits have been... |
2009 |
| Jayesh M. Rathod |
Immigrant Labor and the Occupational Safety and Health Regime |
33 New York University Review of Law and Social Change 479 (2009) |
Introduction. 481 I. Workplace Fatalities and Injuries Among Foreign-Born Workers in the United States. 484 A. The Most Dangerous Industries and Occupations for Immigrants. 489 1. Construction. 491 2. Agriculture, Forestry, Fishing, and Hunting. 493 3. Manufacturing. 494 4. Retail Trade. 495 B. Gaps in Existing Occupational Safety and Health Data.... |
2009 |
| Martha F. Davis |
In the Interests of Justice: Human Rights and the Right to Counsel in Civil Cases |
25 Touro Law Review 147 (2009) |
The Civil Gideon right is an emerging international human right that is receiving increasing recognition on the international stage. As early as the 1940s, the human right to civil counsel was proposed by the United States during the drafting of the Universal Declaration of Human Rights. Though it was not explicitly included in that foundational... |
2009 |
| Becky Pettit, Christopher J. Lyons |
Incarceration and the Legitimate Labor Market: Examining Age-graded Effects on Employment and Wages |
43 Law and Society Review 725 (2009) |
Over the past 30 years, the U.S. inmate population has increased dramatically, and the penal system has acquired growing attention in accounts of recent trends in economic stratification. As the prison system has expanded, its population has aged; incarceration rates have risen sharpest among older age groups. A large body of research documents... |
2009 |
| Vernellia R. Randall |
Inequality in Health Care Is Killing African Americans |
36-FALL Human Rights 20 (Fall, 2009) |
For blacks, health inequalities are the cumulative result of both past and current discrimination throughout U.S. culture. Due to discrimination and limited educational opportunities, blacks disproportionately work in low-pay, high-health-risk occupations (e.g., they are migrant farm workers, fast food workers, garment industry workers). Historic... |
2009 |
| Jeffrey S. Morrow |
Insuring Fairness: the Popular Creation of Genetic Antidiscrimination |
98 Georgetown Law Journal 215 (November, 2009) |
C1-2Table of Contents Introduction. 216 I. What Is Genetic Discrimination?. 217 a. the popular conception. 217 b. differentiation vs. discrimination. 219 c. the genetic information nondiscrimination act. 220 II. Does Genetic Discrimination Exists. 221 a. consumer perceptions of discrimination and the limitations of the evidence. 222 b. claims for... |
2009 |
| Nancy Northup |
Introduction |
18 Columbia Journal of Gender and Law 391 (2009) |
This volume is the outgrowth of a panel discussion on New Scholarship on Reproductive Rights held at Columbia Law School on October 20, 2008 to celebrate the establishment of a new joint fellowship program of the Center for Reproductive Rights and Columbia Law School--The CRR-CLS Fellowship --as well as an initiative by the Center to stimulate... |
2009 |
| Stephen Clowney |
Invisible Businessman: Undermining Black Enterprise with Land Use Rules |
2009 University of Illinois Law Review 1061 (2009) |
Rates of self-employment in African-American neighborhoods remain feeble. Although the reasons behind the failure of black businesses are complex, zoning regulations play a largely unexamined role in constraining the development of African-American enterprises. Land use fees, municipal zoning board decisions, and the general insistence on... |
2009 |
| Henry A. Dlugacz |
Involuntary Outpatient Commitment: Some Thoughts on Promoting a Meaningful Dialogue Between Mental Health Advocates and Lawmakers |
53 New York Law School Law Review 79 (2008/2009) |
Far-reaching are the effects of the events of January 3, 1999, when Andrew Goldstein, a young man diagnosed with a severe mental illness, pushed Kendra Webdale on to the subway tracks where she was tragically killed by an oncoming train. Obscured by the saturation of media coverage that followed this painful incident was the fact that Goldstein had... |
2009 |
| Sheryll D. Cashin |
Justice Thurgood Marshall: a Race Man's Race-transcending Jurisprudence |
52 Howard Law Journal 507 (Spring 2009) |
The historic 2008 presidential election and the debates that have swirled around Barack Obama remind me of the generational transition that is taking place. A new generation of leadership is emerging, another is receding, and yet another is dying off. In celebrating and contemplating the 100th Anniversary of the birth of Thurgood Marshall and his... |
2009 |
| Dean Spade |
Keynote Address: Trans Law & Politics on a Neoliberal Landscape |
18 Temple Political & Civil Rights Law Review 353 (Spring 2009) |
Over the last couple years, I have been thinking about how issues of administrative governance relate to the obstacles in trans people's lives. I have been particularly interested in putting the administrative barriers in trans lives in the context of other areas of administrative governance that are important right now. For example, I have... |
2009 |
| Nancy D. Polikoff |
Law That Values All Families: Beyond (Straight and Gay) Marriage |
22 Journal of the American Academy of Matrimonial Lawyers 85 (2009) |
Karen Thompson had a problem. Her lover of four years, Sharon Kowalski, lay in a hospital bed, having suffered a brain injury caused when a car operated by a drunk driver collided with her car on a stormy Minnesota night. Because Karen wasn't a family member, the nursing staff would not let her see Sharon; this would be the beginning of a... |
2009 |
| Michelle J. Anderson |
Legal Education Reform, Diversity, and Access to Justice |
61 Rutgers Law Review 1011 (Summer 2009) |
I. The Whiteness of the Legal Profession. 1011 II. The Legal Education Reform Canon. 1019 III. The Curriculum and Mission of CUNY Law. 1025 IV. The Pipeline to Justice at CUNY Law. 1029 V. Legal Education for a Multicolored, Inclusive Profession. 1034 |
2009 |
| Anne B. Claiborne, Esq. , Julia R. Hesse, Esq., Daniel T. Roble, Esq. , Ropes & Gray LLP , Ropes & Gray LLP , Ropes & Gray LLP |
Legal Impediments to Implementing Value-based Purchasing in Healthcare |
35 American Journal of Law & Medicine 442 (2009) |
The U.S. healthcare system continually confronts the challenge of controlling costs, improving quality and patient safety, and increasing or maintaining patient access to care. Payors and purchasers of healthcare (both public and private) strive to develop mechanisms to guarantee that they are purchasing the highest-value care - seeking to ensure... |
2009 |
| Mark Levin |
Lighting up the Foreign Corrupt Practices Act: a Case Study of U.s. Tobacco Industry Political Influence Buying in Japan |
34 North Carolina Journal of International Law and Commercial Regulation 471 (Winter 2009) |
If we admit that smoking is harmful to heavy smokers, do we not admit that BAT [British American Tobacco] has killed a lot of people each year for a very long time? Moreover, if the evidence we have today is not significantly different from the evidence we had five years ago, might it not be argued that we have been willfully killing our... |
2009 |
| Michael A. Wolff and Paul J. De Muniz |
Mainstream Sentencing--the Urgent Need for Dramatic Reform |
92 Judicature 165 (January-February 2009) |
State and federal sentencing practices are in drastic need of profound change. The United States has become the world leader in incarceration, ironically imprisoning a higher percentage of its citizens than any other country while hoping to regain respect as leader of the free world. Minorities make up a disproportionately large share of our prison... |
2009 |
| Noah D. Zatz |
Managing the Macaw: Third-party Harassers, Accommodation, and the Disaggregation of Discriminatory Intent |
109 Columbia Law Review 1357 (October, 2009) |
This Article exploits an anomaly in Title VII doctrine to develop a new theory of employment discrimination law. The anomaly is that employers are held liable for discrimination when their employees are harassed by customers or other third parties. Such liability cannot be squared with traditional Title VII theories of disparate treatment or... |
2009 |
| Laura Cohen |
New Hope Found in Practice Standards |
23-WTR Criminal Justice 49 (Winter, 2009) |
Over the past 18 months, a variety of symposia and other programs commemorated the fortieth anniversary of In re Gault, 387 U.S. 1 (1967). Most of these focused on Gault's central guarantee of the right to counsel for children charged with delinquency and asked the essential question, Where are we now? The answer, sadly, is not too far from where... |
2009 |
| Jeffrey D. Dillman |
New Strategies for Old Problems: the Fair Housing Act at 40 |
57 Cleveland State Law Review 197 (2009) |
I. Introduction. 197 II. Advances in Fair Housing Since 1968. 198 III. Evidence of Persistent Discrimination and Segregation. 200 IV. Past Strategies: Enforcement and Education. 204 V. The Future of Fair Housing. 205 |
2009 |
| Christian Sundquist |
On Race Theory and Norms |
72 Albany Law Review 953 (2009) |
This is, of course, a hard act to follow; we let the beat build for a while, and I hope that the energy is on the rise as opposed to waning. In any event, while I am not going to talk about computer games and the like--even though I am a bit of a gamer--there are certainly some linkages between what I am going to talk about and what Neil just spoke... |
2009 |
| Amy Laura Cahn |
Our "Rights Are Not Cast in Stone": Post-katrina Environmental "Red-lining" and the Need for a Broad-based Human Right Lawyering Movement |
12 University of Pennsylvania Journal of Law and Social Change 37 (2008-2009) |
The U.S. Constitution should be sufficient. We don't need to go to the United Nations; all we got to do is step up . It's an American problem. We should guarantee the reconstruction. - Then Senator Joseph R. Biden, Jr. Third Democratic Primary Presidential Debate, June 2007. Rights are not cast in stone: they are redefined and reassigned in... |
2009 |
| Michele Goodwin , L. Song Richardson |
Patient Negligence |
72 Law and Contemporary Problems 223 (Fall 2009) |
This project initiates a conversation about patient negligence and trust in the medical setting. It operates as a thought experiment, imagining tort law and the physician-patient relationship through an alternative lens--one that is inspired by the charge of this symposium as well as recent high-profile events involving obvious fiduciary... |
2009 |
| American Health Lawyers Association's Advisory Council on Racial and Ethnic Diversity |
Patient-tailored Medicine, Part Two: Personalized Medicine and the Legal Landscape |
2 Journal of Health & Life Sciences Law 1 (January, 2009) |
The idea of publishing an article on personalized medicine and healthcare disparities among minority populations had its genesis with the American Health Lawyers Association's Advisory Council on Racial and Ethnic Diversity. This two-part article was supported by the Association's Public Interest initiative and written by Jeffrey P. Braff, Biswajit... |
2009 |
| john a. powell |
Post-racialism or Targeted Universalism? |
86 Denver University Law Review 785 (2009) |
The United States made history on November 4, 2008 by electing Barack Obama as the first African-American President of the United States. This remarkable event has generated a sense of pride and a collective celebration that is shared worldwide. The installation of a Black President, whose election was supported by a significant minority of white... |
2009 |
| Craig M. Kabatchnick |
Ptsd and its Effects on Elderly, Minority, and Female Veterans of All Wars |
10 Marquette Elder's Advisor 269 (Spring 2009) |
God and the Soldier, we adore, In time of danger, not before. The danger passed and all things righted, God is forgotten and the Soldier slighted. --Rudyard Kipling Posttraumatic Stress Disorder (PTSD) results from exposure to a traumatic situation. According to the American Psychiatric Association, the disorder most often results from direct... |
2009 |
| Linda C. Fentiman |
Pursuing the Perfect Mother: Why America's Criminalization of Maternal Substance Abuse Is Not the Answer--a Comparative Legal Analysis |
15 Michigan Journal of Gender & Law 389 (2009) |
Introduction 390 I. Two Decades of Prosecuting Pregnant American Women 394 A. The Risks of Maternal Drug Use 395 B. The First Wave of Criminal Prosecutions 398 C. The Leap to Homicide Prosecutions 400 D. The Current Wave of Child Abuse & Child Endangerment Prosecutions 406 E. Summary Observations 409 II. How American Law Promotes the... |
2009 |
| Khiara M. Bridges |
Quasi-colonial Bodies: an Analysis of the Reproductive Lives of Poor Black and Racially Subjugated Women |
18 Columbia Journal of Gender and Law 609 (2009) |
This Article analyzes the relationship between the struggle for the recognition of Black women's reproductive rights in the United States and the fight for racial justice. Specifically, it argues that the problematization of poor Black women's fertility--evidenced by the depiction of single Black motherhood as a national crisis, the condemnation of... |
2009 |
| Daniel Stearsman, Pharm.D. , College of Medicine, University of South Florida, Tampa, FL |
Race and Ethnicity: Bidil at the Intersection of Health Disparities, Pharmacotherapy, and Law |
22 Health Lawyer 14 (October, 2009) |
From the larger public sphere to the intimacy of the small clinic, debates on race and ethnicity are as lively as ever. Both clinicians and patients wrestle with meaning in race and ethnicity. Clinicians are surrounded by myriads of race-specific information streaming from multiple disciplines to weigh in imparting meaningful clinical judgments to... |
2009 |
| J. Gabriel McGlamery |
Race Based Underwriting and the Death of Burial Insurance |
15 Connecticut Insurance Law Journal 531 (Spring, 2009) |
This casenote explores the reasons why industrial life insurance, and the use of racial discrimination, died. The history, as well as the problems presented by industrial life insurance, including discriminatory practices, is reviewed. The 2005 case, Guidry v. Pellerin Life Insurance Company, although a minor suit, is the only industrial life... |
2009 |
| Jonathan Kahn |
Race, Genes, and Justice: a Call to Reform the Presentation of Forensic Dna Evidence in Criminal Trials |
74 Brooklyn Law Review 325 (Winter, 2009) |
How and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? In October 2002, a California jury convicted William Curtis Wilson of first degree murder with use of a dangerous weapon during commission of an attempted rape and a lewd act upon a child. The court sentenced him to a term of life in... |
2009 |
| Ruth D. Peterson, Lauren J. Krivo |
Race, Residence, and Violent Crime: a Structure of Inequality |
57 University of Kansas Law Review 903 (May, 2009) |
There is a great deal of variation in levels of violent crime across communities of different colors in urban neighborhoods throughout the United States. This variation is seen in rates of violence that are much higher in predominantly minority neighborhoods, especially those comprised of blacks, compared to predominantly white neighborhoods. This... |
2009 |
| Daniela Ikawa , Laura Mattar |
Racial Discrimination in Access to Health: the Brazilian Experience |
57 University of Kansas Law Review 949 (May, 2009) |
The Brazilian version of race is quite different from the American version. In Brazil, blacks account for almost half of the population, while they are only a little more than one tenth of the United States population. Racial discrimination in Brazil is based on phenotype and not on ancestry. De jure discrimination (although not de facto... |
2009 |
| Russell K. Robinson |
Racing the Closet |
61 Stanford Law Review 1463 (April, 2009) |
In the last few years, despite scant empirical support, the media have identified as a primary reason for high HIV rates among black women the phenomenon of black men who live on the down low (or DL). Such men are said to maintain primary romantic relationships with women while engaging in secret sexual liaisons with men. Drawing on a... |
2009 |
| Bethany R. Berger |
Red: Racism and the American Indian |
56 UCLA Law Review 591 (February, 2009) |
How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the... |
2009 |