| Author | Title | Citation | Summary | Year |
| Robert J. Miller |
American Indian Entrepreneurs: Unique Challenges, Unlimited Potential |
40 Arizona State Law Journal 1297 (Winter 2008) |
Creating economic development and activity in Indian country is an absolutely crucial issue today. In fact, it is probably the most important modern day political, social, and financial concern that Indian nations and Indian people face. Tribal governments and Indians need to create jobs and economic activity on their reservations for tribal... |
2008 |
| Tucker Culbertson |
Another Genealogy of Equality: Further Arguments Against the Moral-politics of Colorblind Constitutionalism |
4 Stanford Journal of Civil Rights & Civil Liberties 51 (April, 2008) |
In this essay I read Nietzsche's account of moral-politics in On the Genealogy of Morals alongside racial justice jurisprudence under the Equal Protection Clause of the U.S. Constitution. The Supreme Court's reasoning and rhetoric on slavery, apartheid, desegregation, and affirmative action typify--but also trouble--Nietzsche's depiction of the... |
2008 |
| Mari J. Matsuda |
Are We Dead Yet? The Lies We Tell to Keep Moving Forward Without Feeling |
40 Connecticut Law Review 1035 (May, 2008) |
It's such a clever innocence with which you do your sorcery. Some days it seems easier to live with innocence, as though this afternoon's traffic and tonight's dinner were the big challenges of our lives, as if we could keep turning the key in the ignition and burning the incandescent bulb in the kitchen, magically removed from a grid that... |
2008 |
| Nicole Huberfeld |
Bizarre Love Triangle: the Spending Clause, Section 1983, and Medicaid Entitlements |
42 U.C. Davis Law Review 413 (December, 2008) |
The first two terms of the Roberts Court signal a willingness to revisit precedent, even decisions that have been considered long-settled, and the United States Supreme Court may be ready to reinterpret another area of jurisprudence: the private enforcement of conditions on federal spending against states through actions under 42 U.S.C. § 1983. The... |
2008 |
| Charles C. Dunham IV |
Body Property: Challenging the Ethical Barriers in Organ Transplantation to Protect Individual Autonomy |
17 Annals of Health Law 39 (Winter 2008) |
Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . . . - Justice Benjamin Cardozo Throughout history the human body has been cherished in family and friendships, admired in art and literature, honored in scholastics and competition, and subjugated in slavery and war. The value of the... |
2008 |
| Cynthia A. Baker |
Bottom Lines and Waist Lines: State Governments Weigh in on Wellness |
5 Indiana Health Law Review 185 (2008) |
This article springs from a unique aspect of my work as the Director of the Program on Law and State Government (PLSG), namely, serving as the faculty advisor for the PLSG Fellowship. The PLSG Fellows for 2007, Mr. Samuel Derheimer and Ms. Sally Hubbard chose wellness as the topic for their Fellowship year. Together, their questions, ideas, and... |
2008 |
| Cynthia Soohoo , Suzanne Stolz |
Bringing Theories of Human Rights Change Home |
77 Fordham Law Review 459 (November, 2008) |
A recent poll conducted by The Opportunity Agenda indicates that most Americans identify with human rights as a value and think that human rights violations are occurring in the United States. Eighty-one percent of Americans polled agreed that we should strive to uphold human rights in the United States because there are people being denied their... |
2008 |
| Yale Kamisar, LL.B., LL.D. |
Can Glucksberg Survive Lawrence? Another Look at the End of Life and Personal Automony |
24 Issues in Law and Medicine 95 (Fall, 2008) |
ABSTRACT: In Washington v. Glucksberg, the Court declined to find a right to physician-assisted suicide (PAS) in the Constitution. Not a single Justice dissented. One would expect such a ruling to be quite secure. But Lawrence v. Texas, holding that a state cannot make consensual homosexual conduct a crime, is not easy to reconcile with... |
2008 |
| Shirley Tang |
Challenges of Policy and Practice in Under-resourced Asian American Communities: Analyzing Public Education, Health, and Development Issues with Cambodian American Women |
15 Asian American Law Journal 153 (May, 2008) |
According to the U.S. Census Bureau's most recent American Community Survey (ACS), the growth of the Asian American population has outpaced that of all other racial groups in Massachusetts. From 2000 to 2005, the Asian American population increased by 23%; meanwhile, the Latino and Black populations grew by 14.5% and 6% respectively, and the... |
2008 |
| Harry Feder |
Cms Issues Fact Sheet on 9th Statement of Work |
10 Journal of Health Care Compliance 37 (November-December, 2008) |
Quality improvement organizations (QIOs), formerly known as peer review organizations, are state-based organizations under contract with the Centers for Medicare & Medicaid Services (CMS) to improve the clinical quality and safety of services provided to Medicare beneficiaries. QIOs operate under three-year, performance-based contracts or... |
2008 |
| Craig Haney |
Counting Casualties in the War on Prisoners |
43 University of San Francisco Law Review 87 (Summer 2008) |
OVER THE LAST SEVERAL DECADES, numerous prisons in the United States have operated in a state of crisis. The sheer number of persons incarcerated during these years overwhelmed the capacity to safely and humanely house and administer to the prisoners placed under correctional control. Policies of mass incarceration that were pursued over these... |
2008 |
| Angela Onwuachi-Willig , Emily Houh , Mary Campbell |
Cracking the Egg: Which Came First--stigma or Affirmative Action? |
96 California Law Review 1299 (October, 2008) |
This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this Article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's... |
2008 |
| Kevin Brown , Jeannine Bell |
Demise of the Talented Tenth: Affirmative Action and the Increasing Underrepresentation of Ascendant Blacks at Selective Higher Educational Institutions |
69 Ohio State Law Journal 1229 (2008) |
The Negro race, like all races, is going to be saved by its exceptional men. The problem of education, then, among Negroes must first of all deal with the Talented Tenth; it is the problem of developing the Best of this race that they may guide the Mass away from the contamination and death of the Worst, in their own and other races. Selective... |
2008 |
| Emily H. Wood |
Economic, Social, and Cultural Rights and the Right to Education in American Jurisprudence: Barriers and Approaches to Implementation |
19 Hastings Women's Law Journal 303 (Summer 2008) |
The International Covenant on Economic, Social and Cultural Rights (hereinafter the Covenant on ESC Rights or the Covenant) states: The ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political... |
2008 |
| Dania Palanker |
Enslaved by Pain: How the U.s. Public Health System Adds to Disparities in Pain Treatment for African Americans |
15 Georgetown Journal on Poverty Law and Policy 847 (Fall, 2008) |
Race-based health disparities have garnered significant attention from researchers and policy makers. African Americans have poorer access to care, receive lower quality healthcare treatment, and have poorer health outcomes than whites. In recent years, it has become clear that African Americans also receive poorer pain treatment. The problem of... |
2008 |
| Catherine A. O'Neill |
Environmental Justice in the Tribal Context: a Madness to Epa's Method |
38 Environmental Law 495 (Spring 2008) |
Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been... |
2008 |
| Michelle R. Wood |
Esl and Bilingual Education as a Proxy for Racial and Ethnic Segregation in U.s. Public Schools |
11 Journal of Gender, Race and Justice 599 (Spring 2008) |
Imagine the experience of an elementary school student who arrives for her first day in a new school. As she is guided through the halls by her new principal, her senses are bombarded by a rush of sights and sounds. She proceeds toward her new classroom, and along the way she can hear the voices of helpful teachers, the ringing children's laughter,... |
2008 |
| James G. Hodge, Jr., JD, LLM , Erin Fuse Brown, JD, MPH , Dhrubajyoti Bhattacharya, JD, MPH , Lindsay F. Wiley, JD |
Expedited Partner Therapies for Sexually Transmitted Diseases: Legal and Policy Approaches |
4 Journal of Health & Biomedical Law 1 (2008) |
Since colonial times, sexually transmitted diseases (STDs) have plagued American society. STDs like syphilis, and more recently HIV/AIDS, have contributed to significant morbidity and mortality in the United States. Even though major advances have been made in detecting, treating, and preventing STDs, even common infections such as chlamydia and... |
2008 |
| Vincent E. Hutchinson, MD, Mary E. Northridge, PhD, MPH, Lucille L. Lebovitz, CPNP, Jennifer L. Northridge, Rubiahna L. Vaughn, Roger D. Vaughan, DrPH, Ms for the Harlem Family Asthma Center |
Family-centered Approach to Providing Comprehensive Asthma Care Services: the Harlem Family Asthma Center |
13 Cardozo Journal of Law & Gender 747 (Spring 2008) |
The relationship between law and public health is. . .indissoluble. Law and public health may serve each other well or poorly, but they cannot dissociate. - Wendy E. Parmet There is an ongoing crisis in health care delivery for poor families of color along the Gulf Coast, in New York City, and indeed throughout the United States. Those who suffer... |
2008 |
| Alexa Koenig , Jonathan Stein |
Federalism and the State Recognition of Native American Tribes: a Survey of State-recognized Tribes and State Recognition Processes Across the United States |
48 Santa Clara Law Review 79 (2008) |
The territory that comprises the state of Virginia has been home to Native Americans for hundreds--if not thousands--of years. Documentary and other evidence establishes that Indians were present in the area long before the building of the Jamestown colony. American lore and numerous historic records tell the tale of Pocahontas, a Native American... |
2008 |
| Mark E. Douglas |
Finally Moving Beyond the Fiction: an Overview of the Recent State Rally for Health Care Reform |
5 Indiana Health Law Review 277 (2008) |
With the number of uninsured expanding for the sixth year in a row, state governments have come under increasing political and economic pressure to take meaningful steps to put the brakes on out-of-control health care spending and address the increasing lack of access that many of their citizens face. While some states like Massachusetts, Maine,... |
2008 |
| Sharona Hoffman, Andy Podgurski |
Finding a Cure: the Case for Regulation and Oversight of Electronic Health Record Systems |
22 Harvard Journal of Law & Technology 103 (Fall, 2008) |
C1-2Table of Contents I. Introduction. 104 II. EHR Systems: Background and Analysis. 108 A. What Are EHR Systems?. 108 B. Benefits of EHR Systems. 112 1. Facilitating Access to Patients' Medical Records. 112 2. Improving Quality of Care and Reducing Poor Treatment Decisions. 113 3. Cost Savings. 116 4. Promoting Research. 117 C. The Challenges of... |
2008 |
| Sofía E. Biller |
Flooded by the Lowest Ebb: Congressional Responses to Presidential Signing Statements and Executive Hostility to the Operation of Checks and Balances |
93 Iowa Law Review 1067 (March, 2008) |
ABSTRACT: Over the course of the last three decades, U.S. Presidents have experimented with the use of presidential signing statements--written documents issued contemporaneously with the signing of a law. Under the administration of President George W. Bush, the United States has witnessed a massive proliferation in the number of presidential... |
2008 |
| Yale Kamisar |
Foreword: Can Glucksberg Survive Lawrence? Another Look at the End of Life and Personal Autonomy |
106 Michigan Law Review 1453 (June, 2008) |
In Washington v. Glucksberg, the Court declined to find a right to physician-assisted suicide (PAS) in the Constitution. Not a single Justice dissented. One would expect such a ruling to be quite secure. But Lawrence v. Texas, holding that a state cannot make consensual homosexual conduct a crime, is not easy to reconcile with Glucksberg.... |
2008 |
| Steven R. Leuthner, M.D., M.A. |
Futility: Interpretation and Usefulness in Clinical Practice |
18 Health Matrix: Journal of Law-Medicine 245 (Summer, 2008) |
It is difficult as a physician to discuss the concept of futility without reference to our roots in the Hippocratic Oath, which suggests that physicians must recognize the limitations of medicine and realize there are circumstances when disease will render medicine powerless. Plato, in Republic, wrote: Asclepius . taught medicine for those whose... |
2008 |
| Gustavo Chacon Mendoza |
Gateway to Whiteness: Using the Census to Redefine and Reconfigure Hispanic/latino Identity, in Efforts to Preserve a White American National Identity |
30 University of La Verne Law Review 160 (November, 2008) |
Recent census projections approximate that by 2050 Whites will make up less than 50% of the United States national population. Latinos are one of the fastest growing groups in the nation. From July 1, 2004 to July 1, 2005, the Hispanic community accounted for . . . 49% . . . of the national population growth of 2.8 million. The increasing... |
2008 |
| David Castle |
Genomic Nutritional Profiling: Innovation and Regulation in Nutrigenomics |
9 Minnesota Journal of Law, Science & Technology 37 (Winter 2008) |
Hippocrates advised to let food be your medicine, but he could not have anticipated the quagmire of ethical and legal issues that would arise with the advent of nutritional genomics. Nutrigenomics is a fast-evolving field that straddles the food-medicine distinction in order to understand the genetic underpinnings of the effects of nutrient... |
2008 |
| Timothy Stoltzfus Jost |
Global Health Care Financing Law: a Useful Concept? |
96 Georgetown Law Journal 413 (January, 2008) |
C1-3Table of Contents L1-2Introduction . L3413 I. Global Health Law and Health Care Finance. 414 II. Global Health Care Financing? Health Care Financing Law?. 415 III. Law's Contribution. 418 L1-2Conclusion . L3422 |
2008 |
| Lisa M. Hughes |
Health Care Access |
9 Georgetown Journal of Gender and the Law 1183 (2008) |
I. Historical Perspective on Health Care and Disparate Treatment. 1185 A. Access to Health Care. 1185 1. The Supreme Court Does Not Recognize a Constitutional Right to Health Care. 1186 2. Statutory Protections for Access to Health Care. 1187 B. The Emergency Medical Treatment and Active Labor Act (EMTALA)--A Guaranteed Right to Emergency Health... |
2008 |
| Daria E. Neal |
Healthy Schools: a Major Front in the Fight for Environmental Justice |
38 Environmental Law 473 (Spring 2008) |
Systemic housing discrimination has resulted in the creation of predominately African American communities located in the most environmentally toxic locations. Many African American communities are in areas zoned for mixed residential/industrial/commercial use, while predominately white communities tend to be zoned strictly for residential use. The... |
2008 |
| Taunya Lovell Banks |
Here Comes the Judge! Gender Distortion on Tv Reality Court Shows |
39 University of Baltimore Law Forum 38 (Fall 2008) |
[W]e are seeing a shift from . . . the failed representation of the real . . . to . . . the impenetrable commingling of fiction and reality . . . representations no longer need to be rooted in reality. It is sufficient for images simply to reflect other images. Law has become . . . entertainment law. In 2000, television reality court shows replaced... |
2008 |
| Jean Connolly Carmalt |
Holding the U.s. Accountable: How American Health Care Fails to Meet International Human Rights Standards |
11 New York City Law Review 359 (Summer 2008) |
The United States does not have a healthcare system. Rather, people in the U.S. live and die with a messy collection of ad hoc attempts to structure care according to particular financing schemes. The result has been disastrous: tens of millions of Americans cannot access health care because they do not have health insurance or the personal... |
2008 |
| Sylvia Law |
Human Papillomavirus Vaccination, Private Choice, and Public Health |
41 U.C. Davis Law Review 1731 (June, 2008) |
In 2006 the United States Food and Drug Administration (FDA) approved Gardasil, a vaccine that prevents transmission of human papillomavirus (HPV), for girls aged nine to twenty-six. HPV is a sexually transmitted disease strongly associated with 4000 deaths due to cervical cancer in the United States each year. This sobering statistic means... |
2008 |
| Risa E. Kaufman |
Human Rights in the United States: Reclaiming the History and Ensuring the Future |
40 Columbia Human Rights Law Review 149 (Fall 2008) |
Providing a powerful arsenal of crosscutting strategies and honoring the interdependence and indivisibility of economic, social, cultural, civil, and political rights, a human rights paradigm has the potential to revolutionize and reframe social justice advocacy in the United States. Indeed, domestic lawyers are increasingly adopting human rights... |
2008 |
| Charles R. Venator Santiago |
Huntington's White Patriotism and Anzaldua's Brown Nationalism |
4 FIU Law Review 33 (Fall, 2008) |
In recent years, several faculty members of the John F. Kennedy School of Government at Harvard University have been publishing texts that contribute to a politics of backlash. These backlash narratives have been central to the framing of a conservative ideological discourse that has been seeking to overturn the progressive legacies of the New... |
2008 |
| Michael Massoglia |
Incarceration, Health, and Racial Disparities in Health |
42 Law and Society Review 275 (June, 2008) |
This article addresses two basic questions. First, it examines whether incarceration has a lasting impact on health functioning. Second, because blacks are more likely than whites to be exposed to the negative effects of the penal system--including fractured social bonds, reduced labor market prospects, and high levels of infectious disease--it... |
2008 |
| Katrina Miriam Wyman |
Is There a Moral Justification for Redressing Historical Injustices? |
61 Vanderbilt Law Review 127 (January, 2008) |
Introduction. 128 I. Background on U.S.-Based Claims for Redress. 132 A. What is a Historical Injustice?. 133 B. How Are Claims for Redress Advanced?. 134 C. Why Are Claims Brought and What Remedies Are Requested?. 136 II. Two Less Promising Moral Arguments For Redress. 140 A. Redress Deters. 140 B. Redress Promotes Distributive Justice. 143 III.... |
2008 |
| Mike E. Jorgensen |
Is Today the Day We Free Electroconvulsive Therapy? |
12 Quinnipiac Health Law Journal 1 (2008) |
I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. - Thomas Jefferson Many states require proxies to obtain prior court authorization before consenting to electroconvulsive therapy (ECT), a controversial treatment, on behalf of an incapacitated... |
2008 |
| Richard E. Redding |
It's Really about Sex: Same-sex Marriage, Lesbigay Parenting, and the Psychology of Disgust |
15 Duke Journal of Gender Law & Policy 127 (January, 2008) |
Introduction. 128 I. The State of Social Science Research on Lesbigay Parenting. 134 A. Early Research Returns: No Differences Between Children Raised by Lesbigay Versus Heterosexual Parents. 135 B. Critics Take a Fresh Look at the Research: Fatally Flawed or Flawed But Informative?. 136 C. The Importance of Getting It Right. 142 D. Three... |
2008 |
| Chaim Saiman |
Jesus' Legal Theory--a Rabbinic Reading |
23 Journal of Law and Religion 97 (2007-2008) |
These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian... |
2008 |
| Maxine Burkett |
Just Solutions to Climate Change: a Climate Justice Proposal for a Domestic Clean Development Mechanism |
56 Buffalo Law Review 169 (April, 2008) |
Introduction. 170 I. Climate Change, Race, and Class. 173 A. Climate Change--Science and Impacts. 173 B. Environmental Justice Communities and Climate Change. 176 II. The Climate Justice Framework. 188 A. The Environmental Justice Framework. 189 B. Climate Justice, Climate Change Ethics, and the United States. 192 III. The Case for a Modified CDM.... |
2008 |
| Lisa Forman |
Justice and Justiciability: Advancing Solidarity and Justice Through South Africans' Right to Health Jurisprudence |
27 Medicine and Law 661 (September, 2008) |
Abstract: The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the... |
2008 |
| Christopher Edley, Jr. |
Keynote Address |
4 Stanford Journal of Civil Rights & Civil Liberties 151 (October, 2008) |
I am working for Obama--although, my wife is working for Hillary--and I had entirely too much coffee at a fundraising dinner last night, and I couldn't sleep, and I knew that the best way to really irritate my wife was to try to get Gore's endorsement for Obama. So, I'm awake in the middle of the night trying to think--I've been emailing Gore back... |
2008 |
| Lawrence E. Singer, M.H.S.A., J.D. |
Leveraging Tax-exempt Status of Hospitals |
29 Journal of Legal Medicine 41 (January-March, 2008) |
We live in a money-driven society. Consumerism is rampant, with seemingly little end to Americans' desires to spend money. Our entertainment now echoes this theme, with leading television shows including Who Wants to Be a Millionaire and Deal or No Deal. The motion picture industry was an early harbinger of this driving economic force in American... |
2008 |
| Julius LeVonne Chambers |
Martin Luther King Day Celebratory Speech Vermont Law School, 2008 |
33 Vermont Law Review 131 (Fall, 2008) |
I have the distinct honor of introducing our guest today. Please bear with me for a few moments as I find it difficult to summarize even the highlights of the remarkable life of this remarkable man. Julius Chambers was born in 1936 in rural North Carolina, where his father owned an automobile repair shop. He grew up in the Jim Crow South. Brown v.... |
2008 |
| Nancy E. Dowd |
Masculinities and Feminist Legal Theory |
23 Wisconsin Journal of Law, Gender & Society 201 (Fall 2008) |
Feminist theory has examined men, patriarchy, and masculine characteristics predominantly as sources of power, domination, inequality, and subordination. Various theories of inequality developed by feminists challenge and reveal structures and discourses that reinforce explicitly or implicitly the centrality of men and the male identity of a... |
2008 |
| Christie L. Hager, J.D., M.P.H. |
Massachusetts Health Reform |
29 Journal of Legal Medicine 11 (January-March, 2008) |
As the 2008 Presidential campaign season progresses, health reform has become firmly placed on the agendas of candidates of both parties. As platforms of national health care access are developed and refined, state-based health reform efforts, begun long before declarations of current candidacies, proliferate and move beyond enactment and toward... |
2008 |
| Charleen Hsuan |
Medicaid Coverage for Race-based Drugs |
41 Columbia Journal of Law and Social Problems 443 (Summer, 2008) |
The FDA recently approved BiDil as a race-based drug and suggested that it was the first of many. This Note examines how Medicaid agencies should treat such race-based drugs. It begins by determining when it is medically appropriate for the FDA to approve a drug as a race-based drug. The Note then details the different ways that state Medicaid... |
2008 |
| Lawrence O. Gostin |
Meeting Basic Survival Needs of the World's Least Healthy People: Toward a Framework Convention on Global Health |
96 Georgetown Law Journal 331 (January, 2008) |
C1-3Table of Contents L1-2Introduction . L3333 I. Global Health Disparities: Are Profound Health Inequalities Fair?. 336 a. diseases of poverty: preventable suffering. 338 b. health and socioeconomic status. 339 c. who has the responsibility to ameliorate the vast disparities in global health?. 342 1. Are Disparities Ethically Wrong? A Theory of... |
2008 |
| Lawrence O. Gostin |
National and Global Health Law: a Scholarly Examination of the Most Pressing Health Hazards |
96 Georgetown Law Journal 317 (January, 2008) |
The health of individuals, families, and communities has deep, intuitive meaning. So much of what we aspire to be as individuals or as members of society relies on health. Our shared intuitions about the value of health manifest themselves in public and political concerns. The media widely reports threats to the public's health, such as a traveler... |
2008 |