| Author | Title | Citation | Summary | Year |
| Mario L. Barnes |
Reflection on a Dream World: Race, Post-race and the Question of Making it over |
11 Berkeley Journal of African-American Law & Policy 6 (2009) |
We Dream A World A world I dream where black or white, Whatever race you be, Will share the bounties of the earth And every man is free Fifteen years ago, as a third-year law student, I published my book note in the inaugural issue of the African-American Law and Policy Report (ALPR). The note was inspired both by the book reviewed--Derrick Bell's,... |
2009 |
| Eric K. Yamamoto , Ashley Kaiao Obrey |
Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives |
16 Asian American Law Journal 5 (2009) |
One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... |
2009 |
| Michael J. Malinowski |
Respecting, Rather than Reacting To, Race in Basic Biomedical Research: a Response to Professors Caulfield and Mwaria |
45 Houston Law Review 1489 (Winter 2009) |
I step back into this Article and the surrounding debate just weeks after a return trip to Taipei, Taiwan and Academia Sinica (AS), the Taiwan government's research arm. While I was hosted by Institutum Jurisprudentia (AS's law institute) on this trip, I also had an opportunity to spend time with one of my former hosts and to catch up on the... |
2009 |
| Julie A. Muroff, J.D. |
Retail Health Care |
30 Journal of Legal Medicine 151 (April-June, 2009) |
Whether you like it or not, this train is big, it's well out of the station and there's no way it's going to stop. As an engine of change in health care delivery, the retail health clinic model has brought a new meaning to retail therapy in America. Prospective patients in almost every state can now access certain basic health services during... |
2009 |
| Michele Goodwin , Nevin Gewertz |
Rethinking Colorblind State Action: a Thought Experiment on Racial Preferences |
72 Law and Contemporary Problems 251 (Fall 2009) |
The Supreme Court's most recent affirmative-action opinion, Parents Involved in Community Schools v. Seattle School Dist. No. 1, suggests a new social climate in education reform--one in which government-forced integration in schools is no longer necessary, or at least not the best idea. Solutions to poor performance in African American schools may... |
2009 |
| Christopher Ogolla |
Reversing the United States Policy on Human Embryonic Stem Cell Research: a Case of Science, Law and Policy, or Just Plain Politics |
35 Thurgood Marshall Law Review 91 (Fall, 2009) |
On May 17, 2009, President Barack Obama delivered a commencement speech at the University of Notre Dame in South Bend, Indiana. Prior to, and during the President's speech, there were protests at the school by anti-abortion advocates who were angry at the President's support of abortion rights and embryonic stem cell research. Addressing the... |
2009 |
| Katherine Anne Paddock Betcher |
Revisiting the Personal Responsibility and Work Opportunity Reconciliation Act and Calling for Equality: Problematic Moral Regulations and the Changing Legal Status of Lgbt Families in a New Obama Administration |
31 Women's Rights Law Reporter 104 (Fall 2009) |
On August 22, 1996, President Bill Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) into law, making good on his campaign commitment to end welfare as we know it. In so doing, Clinton angered many in his party, as well as many traditionally Democratic interest groups. By changing the former program,... |
2009 |
| Scott Burris , Leo Beletsky , Carolyn Castagna , Casey Coyle , Colin Crowe , Jennie Maura McLaughlin |
Stopping an Invisible Epidemic: Legal Issues in the Provision of Naloxone to Prevent Opioid Overdose |
1 Drexel Law Review 273 (Spring/Summer 2009) |
Early in 2008, Australian actor Heath Ledger died in his Manhattan apartment as a result of a drug overdose caused by a cocktail of prescription drugs, including powerful prescription opioids. Death by drug overdose is not particularly unusual among celebrities. Indeed, in the same week that Ledger died, actor Brad Renfro also joined fallen stars... |
2009 |
| William Darity Jr. |
Stratification Economics: Context Versus Culture and the Reparations Controversy |
57 University of Kansas Law Review 795 (May, 2009) |
The general intent of any program of reparations for a grievous injustice should be threefold: acknowledgment, redress (restitution or atonement ), and closure. Acknowledgment involves recognition and admission of the wrong by the perpetrators and/or beneficiaries of the wrong. In the case of blacks, this would mean the receipt of a formal apology... |
2009 |
| Edward Stein |
The "Accidental Procreation" Argument for Withholding Legal Recognition for Same-sex Relationships |
84 Chicago-Kent Law Review 403 (2009) |
Since the early 1970s, advocates of rights for lesbian, gay, bisexual and transgender (LGBT) people in the United States have been using litigation as a central part of the attempt to obtain legal recognition for relationships between couples consisting of two people of the same sex. One of the primary arguments that states (and the amicus curiae... |
2009 |
| Ellen Waldman |
The Baby Doe Regulations and Tragic Choices at the Bedside: Accepting the Limits of "Good Process" |
25 Georgia State University Law Review 1019 (Summer, 2009) |
What is the significance of the Baby Doe Regulations, regulations that have now been on the books for a quarter of a century? Catalyzed by the well-publicized death of a Down's syndrome baby whose parents declined routine intestinal surgery , the Regulations remain a subject of debate. Alternately portrayed as protective civil rights legislation... |
2009 |
| Nan S. Ellis |
The Class Action Fairness Act of 2005: the Story Behind the Statute |
35 Journal of Legislation 76 (2009) |
Class actions were created to enable those with small claims for whom individual litigation would be economically irrational to band together in group litigation against a common adversary. On the other hand, conventional wisdom is that class actions are Frankenstein monsters whose very existence allows plaintiffs to engage in judicial... |
2009 |
| Christopher A. Bracey |
The Color of Our Future: the Pitfalls and Possibilities of the Race Card in American Culture |
5 Stanford Journal of Civil Rights & Civil Liberties 89 (April, 2009) |
Introduction. 89 I. The Pedigree of the Race Card. 93 II. Why the Definition Matters--A Question of Power and Intent. 98 A. Power. 99 B. Intent. 101 C. The Race Card Played Responsibly. 105 III. Some Thoughts on Professor Ford's Cool Pragmatism. 106 Conclusion. 110 Fear and failure haunt Black people every minute of their lives. One of the most... |
2009 |
| Kimberly Jenkins Robinson |
The Constitutional Future of Race-neutral Efforts to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools |
50 Boston College Law Review 277 (March, 2009) |
Abstract: In 2007, the U.S. Supreme Court ruled in Parents Involved in Community Schools v. Seattle School District No. 1 that the racial classifications used by school districts in Seattle and Louisville to create diverse schools were unconstitutional. Justice Kennedy provided the deciding vote but also noted that school districts could pursue... |
2009 |
| Dartanyon Burrows |
The Debate over the Current Reparations Movement |
2 the crit: a Critical Studies Journal 99 (Spring, 2009) |
One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... |
2009 |
| Bob Brown |
The Definition of "Meaningful Use" |
11 Journal of Health Care Compliance 45 (September-October, 2009) |
Starting in 2011 and continuing through 2015, Medicare will pay bonuses to hospitals and community-based physicians who have implemented certified electronic health records (EHRs) and can document meaningful use of their EHRs. Incentive payments for hospitals will be calculated using a complex formula based on discharges of Medicare patients.... |
2009 |
| M. Gregg Bloche |
The Emergent Logic of Health Law |
82 Southern California Law Review 389 (March, 2009) |
The American health care system is on a glide path toward ruin. Health spending has become the fiscal equivalent of global warming, and the number of uninsured Americans is approaching fifty million. Can law help to divert our country from this path? There are reasons for deep skepticism. Law governs the provision and financing of medical care in... |
2009 |
| Kevin Outterson |
The End of Reparations Talk: Reparations in an Obama World |
57 University of Kansas Law Review 935 (May, 2009) |
Several years ago, I wrote an article on reparations for disparities in Black health in the United States. The world did little note nor long remember what I said in that article. But, the University of Kansas Law Review has rescued my thoughts from obscurity, at least temporarily. My thesis proceeded in three parts: (1) U.S. disparities in Black... |
2009 |
| Rebecca D. Elon, MD, MPH |
The Ethics of Health Care Reform: Unintended Consequences of Payment Schemes and Regulatory Mandates |
12 Journal of Health Care Law and Policy 63 (2009) |
In the current era, when physicians in the United States lecture or publish, they are required to make a declaration of whether they might have any significant financial conflict of interest related to the topic presented. This requirement is intended to correct both real and perceived biases that may emerge when physicians have a personal... |
2009 |
| Mark A. Rothstein , Yu Cai , Gary E. Marchant |
The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics |
19 Health Matrix: Journal of Law-Medicine 1 (Winter 2009) |
Abstract: Epigenetics is one of the most scientifically important, and legally and ethically significant, cutting-edge subjects of scientific discovery. Epigenetics link environmental and genetic influences on the traits and characteristics of an individual, and new discoveries reveal that a large range of environmental, dietary, behavioral, and... |
2009 |
| Marta Rodriguez de Assis Machado , Flavia Portella Püschel , José Rodrigo Rodriguez |
The Juridification of Social Demands and the Application of Statutes: an Analysis of the Legal Treatment of Antiracism Social Demands in Brazil |
77 Fordham Law Review 1535 (March, 2009) |
The goal of this essay is to reflect on how the application of statutes by courts can influence the juridification of social demands, as evidenced in the African-Brazilian movement. To achieve this, first, this essay analyzes how the African-Brazilian movement approached its fight for racial equality. We show how, traditionally, the... |
2009 |
| Jake Linford |
The Kidney Donor Scholarship Act: How College Scholarships Can Provide Financial Incentives for Kidney Donation While Preserving Altruistic Meaning |
2 Saint Louis University Journal of Health Law & Policy 265 (2009) |
When I was a child, my father sold several hundred acres of property, some of it to the local county government, and some of it to a company that mines phosphate. After I graduated from college, I remember walking with Dad through one of these parcels of property that he no longer owned, located directly behind his house. The property had been in... |
2009 |
| Elizabeth McCormick |
The Oklahoma Taxpayer and Citizen Protection Act: Blowing off Steam or Setting Wildfires? |
23 Georgetown Immigration Law Journal 293 (Winter, 2009) |
This article considers Oklahoma's recent experiment in immigration regulation and examines how it is that Oklahoma has found itself on the front lines of the illegal immigration debate. The article begins with a discussion of the rich history of immigration to and immigrants in Oklahoma. It then attempts to unpack the evolution of Oklahoma's... |
2009 |
| Elizabeth Bartholet |
The Racial Disproportionality Movement in Child Welfare: False Facts and Dangerous Directions |
51 Arizona Law Review 871 (Winter 2009) |
A powerful coalition has made Racial Disproportionality the central issue in child welfare today. It notes that black children represent a larger percentage of the foster care population than they do of the general population. It claims this is caused by racial discrimination and calls for reducing the number of black children removed to foster... |
2009 |
| Alice M. Thomas |
The Racial Wealth Divide Through the Eyes of the Younger Family: Undoing America's Legacy of Wealth Inequality in Search of the Elusive American Dream Utilizing a Sankofa Model of Transitional Justice |
5 Florida A & M University Law Review 1 (Fall 2009) |
I. Introduction. 2 II. Contextual Background & Historical Perspective. 15 III. The Problem - Entrenched Racial Inequality Amplified through the Multiracial Wealth Divide. 24 A. The Nature and Magnitude of the Problem. 24 B. Lifting the Veil on the Past: The History of the Wealth Divide. 29 1. In General. 29 2. Native Americans. 31 3. African... |
2009 |
| Alex M. Johnson, Jr. |
The Re-emergence of Race as a Biological Category: the Societal Implications--reaffirmation of Race |
94 Iowa Law Review 1547 (July, 2009) |
I. Introduction. 1548 II. Placing Race in Context: Defining the Issue. 1558 A. An Historical Analysis. 1558 B. Realists and Antirealists--Competing Constructions of Race in the Legal Community. 1567 III. The Societal Costs of Using Race in Biomedical Research. 1573 IV. Ethnicity Versus Race: Developing a New, Softer Paradigm. 1579 V. Conclusion.... |
2009 |
| Victoria L. Green, M.D., M.H.S.A., M.B.A., J.D. |
The Reproductive Rights Reader Law, Medicine, and the Construction of Motherhood Nancy Ehrenreich, Ed. (New York University, New York, New York, 2008), 448 Pages, $27.00 |
30 Journal of Legal Medicine 435 (July-September, 2009) |
If Viagra is King, where is the Queen? Soon after the Food and Drug Administration approved the male impotence medication Viagra (sildenafil citrate) in April 1998, more than 300,000 prescriptions were written in a single week, and more than $400 million worth of the drug was sold in its first quarter on the market. Many insurance companies... |
2009 |
| Karen Kong |
The Right to Food for All: a Right-based Approach to Hunger and Social Inequality |
32 Suffolk Transnational Law Review 525 (Summer 2009) |
The right to food under Article 11 of the International Covenant on Economic, Social and Cultural Rights is an endeavor under international human rights law to deal with the problem of hunger using a right-based approach which guarantees accountability, transparency, equality and non-discrimination. From an analysis of the reports of various... |
2009 |
| Ashley B. Antler |
The Role of Litigation in Combating Obesity among Poor Urban Minority Youth: a Critical Analysis of Pelman V. Mcdonald's Corp. |
15 Cardozo Journal of Law & Gender 275 (Winter 2009) |
Childhood obesity is one of the most dire public health threats facing this country today. This epidemic disproportionately impacts low-income urban minority youth, and several environmental factors may contribute to the disparity in obesity rates. While there is broad debate about which legal tactics can most effectively shape public policy to... |
2009 |
| Amy J. Cohen |
Thinking with Culture in Law and Development |
57 Buffalo Law Review 511 (April, 2009) |
This Article considers a renewed emphasis on culture within law and development scholarship and practicewhat I term the turn to culture. In the 1980s and 1990s, rule-of-law projects, comprising a multi-billion dollar development effort devoted to strengthening legal institutions abroad, produced many disappointing results. In the wake of... |
2009 |
| Lee Harris |
Tort Reform as Carrot-and-stick |
46 Harvard Journal on Legislation 163 (Winter 2009) |
The most widely accepted tort reforms are limits on damages that a plaintiff can recover in a medical malpractice lawsuit. More than half of the states have passed some type of liability limit under the guise of general tort reform. Hospitals, physicians, and defense lawyers praise these reforms and regard them as a good way to stanch increased... |
2009 |
| Wendy K. Mariner |
Toward an Architecture of Health Law |
35 American Journal of Law & Medicine 67 (2009) |
In 1894, John Drinkwater, the befuddled, searching architect in John Crowley's compelling fantasy, Little, Big, built his own home, Edgewood, as a kind of compound illustration of Victorian architectural styles. Rounding each corner, the visitor sees a different façade and interior -- Italianate villa, Tudor manor house, neo-classical, country... |
2009 |
| John W. Parry, Editor-in-Chief |
Transfers to Adult Court and Other Related Criminal Incompetency Matters Involving Juveniles |
33 Mental & Physical Disability Law Reporter 188 (March/April, 2009) |
As social scientists have observed for years, and the U.S. Supreme Court decided in Roper v. Simmons, fundamental developmental, cognitive differences exist between juveniles and adults that render juveniles less mentally culpable and competent when they are the subjects of criminal proceedings. Today, a threshold competency concern is whether... |
2009 |
| Adrienne Lyles-Chockley |
Transitions to Justice: Prisoner Reentry as an Opportunity to Confront and Counteract Racism |
6 Hastings Race and Poverty Law Journal 259 (Summer 2009) |
Prisoner reentry is a crucial social justice issue. According to the Department of Justice, about 650,000 prisoners are released from incarceration annually, many into communities already desperate for low-income housing, physical and mental health treatment, education, employment, counseling and other social services. Reentry programs are gaining... |
2009 |
| Joel F. Handler |
Welfare, Workfare, and Citizenship in the Developed World |
5 Annual Review of Law and Social Science 71 (2009) |
comparative welfare, delegation, privatization, active labor market policies This review discusses the changes in welfare policies and the role of law in those changes in the United States and the developed world. In 1996, the U.S. Congress and President Clinton committed to ending welfare as we know it and changed welfare to workfare. Under the... |
2009 |
| Carol M. Suzuki |
When Something Is Not Quite Right: Considerations for Advising a Client to Seek Mental Health Treatment |
6 Hastings Race and Poverty Law Journal 209 (Summer 2009) |
The following vignettes of composite clients illustrate some issues concerning client mental illness that arise during the course of legal representation: Felix obtains a lawyer to represent him in a removal hearing before the United States Immigration Court. He says he is eligible for political asylum and that he cannot return to his home country.... |
2009 |
| Jennifer M. Keys |
When They Need Us Most: the Unaddressed Crisis of Mentally Ill African American Children in the Juvenile Justice System |
2 DePaul Journal for Social Justice 289 (Spring 2009) |
The prison became our employment policy, our drug policy, our mental health policy, in the vacuum left by the absence of more constructive efforts. - scholar Elliot Currie. Minorities remain overrepresented in the juvenile justice system. Law enforcement continues to arrest, detain, charge and confine minority youth offenders, specifically Black... |
2009 |
| Shawna S. Baker |
Where Conscience Meets Desire: Refusal of Health Care Providers to Honor Health Care Proxies for Sexual Minorities |
31 Women's Rights Law Reporter 1 (Fall 2009) |
Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible. For many members of society, prejudice towards sexual minorities originates from their teachings on ancient religious texts. Somewhere in the sacred separation of church and state lies a line of demarcation where citizen stakeholders can find... |
2009 |
| Michael L. Perlin , Valerie McClain , New York Law School, Neurology and Physical Therapy Centers of Tampa Bay |
Where Souls Are Forgotten: Cultural Competencies, Forensic Evaluations, and International Human Rights |
15 Psychology, Public Policy, and Law 257 (November, 2009) |
Cultural competency is critical in criminal forensic evaluations. Cultural competency eschews reliance on stereotypes, precluding the mistake of assuming that cultural dictates apply with equal force to all who share a cultural background, thus allowing the forensic examiner to provide a comprehensive picture of the defendant to the fact-finder.... |
2009 |
| Reginald T. Shuford |
Why Affirmative Action Remains Essential in the Age of Obama |
31 Campbell Law Review 503 (Spring 2009) |
With the election of Barack Obama to the most powerful position in the world, the presidency of the United States of America, many opined that America finally conquered her racial demons, some trumpeting the term post-racial as though it were a fait accompli. That an African-American man--much less one with such a nontraditional name --could... |
2009 |
| John Sanchez |
2007-2008 Survey of Florida Public Employment Law |
33 Nova Law Review 169 (Fall, 2008) |
I. Introduction. 171 II. Hiring Issues. 171 A. Hiring Veterans. 171 B. Privatization. 172 C. Background Checks on Employees. 173 D. Nepotism. 174 E. Immigration. 175 1. Federal Developments. 175 a. E-Verify. 175 b. Harsher Penalties Against Employers and Illegal Workers. 176 c. Visa Program for Seasonal Farm Workers. 177 d. Border Security. 178 2.... |
2008 |
| Marian Wright Edelman |
A Call to Action |
80-JAN New York State Bar Journal 32 (January, 2008) |
It is time for adults of every race and income group to break our silence about the pervasive breakdown of moral, family, community and national values; to place our children first in our lives; and to struggle to model the behavior we want our children to learn. Our child and youth problem is not a child and youth problem; it is a profound adult... |
2008 |
| Jin Hee Lee |
A Civic Republican View of Hospital Closures and Community Health Planning |
35 Fordham Urban Law Journal 561 (April, 2008) |
Listening to today's news, it is impossible not to hear someone call for immediate health care reform. The uninsured, rising health care costs, the diabetes epidemic, the financial instability of health care facilities--these are just some of the issues that have contributed to what has become a health crisis of epic proportions. Presidential... |
2008 |
| Barbara J. Cox |
A Painful Process of Waiting: the New York, Washington, New Jersey, and Maryland Dissenting Justices Understand That "Same-sex Marriage" Is Not What Same-sex Couples Are Seeking |
45 California Western Law Review 139 (Fall 2008) |
This essay focuses on the recent decisions by the highest courts of four states rejecting the claims of individuals in same-sex relationships that they must be permitted to marry the partner of their choice. In the cases of Hernandez v. Robles, Andersen v. King County, Lewis v. Harris, and Conaway v. Deane, a majority or plurality of each court... |
2008 |
| Barbara A. Noah |
A Prescription for Racial Equality in Medicine |
40 Connecticut Law Review 675 (February, 2008) |
A significant body of evidence suggests that minority race adversely affects the quantity and quality of health care provided to minority patients. Although no one has documented systemic overt racism among health care providers, persistent inequities in the delivery of health care services pose serious problems for patients of color. Ultimately,... |
2008 |
| Gilda R. Daniels |
A Vote Delayed Is a Vote Denied: a Preemptive Approach to Eliminating Election Administration Legislation That Disenfranchises Unwanted Voters |
47 University of Louisville Law Review 57 (Fall, 2008) |
[E]lectorates are much more the product of political forces than many have appreciated . . . . Within limits, they can be constructed to a size and composition deemed desirable by those in power. The Supreme Court case Crawford v. Marion County Election Board demonstrated the need for more checks in our unbalanced electoral system. In Crawford, the... |
2008 |
| Risha K. Foulkes |
Abstinence-only Education and Minority Teenagers: the Importance of Race in a Question of Constitutionality |
10 Berkeley Journal of African-American Law & Policy 3 (2008) |
The teenage population in America reflects the increasingly diverse racial and ethnic make-up of the United States. Against the backdrop of this steadily growing minority youth population, the U.S government has implemented drastic changes in the content of sex education classes in public schools. A significant portion of schools now teach... |
2008 |
| Judith F. Daar |
Accessing Reproductive Technologies: Invisible Barriers, Indelible Harms |
23 Berkeley Journal of Gender, Law & Justice 18 (2008) |
I. Introduction. 19 II. The Rise of Reproductive Technologies. 23 A. Dual Acceleration in the Use and Success of Assisted Conception. 25 1. Tracking ART Use. 25 2. Tracking ART Success. 28 B. Overcoming Infertility Stigma. 30 1. Failure to Conceive as a Medical Illness. 30 2. The Rise of Single and Same-Sex Parenthood. 31 3. Third Party Donors as... |
2008 |
| Devon Carbado , Catherine Fisk , Mitu Gulati |
After Inclusion |
4 Annual Review of Law and Social Science 83 (2008) |
employment discrimination, racial performance, assimilation, unconscious discrimination What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical... |
2008 |
| Elizabeth Tobin Tyler |
Allies Not Adversaries: Teaching Collaboration to the next Generation of Doctors and Lawyers to Address Social Inequality |
11 Journal of Health Care Law and Policy 249 (2008) |
Medicolegal education in law and medical schools can give students a chance to discover that the other group did not come congenitally equipped with either horns or pointed tails. Stories of the antagonism between doctors and lawyers are deeply embedded in American culture. A 2005 New Yorker cartoon jokes, Hippocrates off the record: First,... |
2008 |