| Author | Title | Citation | Summary | Year |
| Gregory S. Parks , Shayne E. Jones |
Nigger: a Critical Race Realist Analysis of the N-word Within Hate Crimes Law |
98 Journal of Criminal Law and Criminology 1305 (Summer 2008) |
A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used. -- Oliver Wendell Holmes Although the slang epithet nigger may once have been in common usage . . . [it] has become particularly abusive and insulting . .... |
2008 |
| Erika B. Navarro |
No Such Thing as Free Lunch: Supplementing Federal Nutrition Laws to Effectively Combat Obesity in Minority and Low-income Children |
9 Rutgers Race & the Law Review 365 (2008) |
The bottom line is we've got too many kids too overweight and they're walking time bombs -Former President Bill Clinton You would be hard pressed to find anyone today who is unaware of the high obesity rates plaguing American children. The statistics are staggering: the overall number of overweight or obese children has doubled, from 15% to 30%... |
2008 |
| Wendy C. Perdue |
Obesity, Poverty, and the Built Environment: Challenges and Opportunities |
15 Georgetown Journal on Poverty Law and Policy 821 (Fall, 2008) |
Obesity and its associated chronic diseases have become a major health concern in the United States. Data collected from 2003 to 2004 indicates that approximately two thirds of adults in the United States are either overweight or obese, and the condition is linked to diabetes, high blood pressure and other chronic conditions requiring ongoing... |
2008 |
| American Health Lawyers Association's Advisory Council on Racial and Ethnic Diversity |
Patient-tailored Medicine, Part One: the Impact of Race and Genetics on Medicine |
2 Journal of Health & Life Sciences Law 1 (October, 2008) |
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... |
2008 |
| Valerie Watnick |
Pesticides and Children: Unwitting Participants in Experimentation |
13 Cardozo Journal of Law & Gender 801 (Spring 2008) |
Since World War II, the use of pesticide products in the United States has increased fifty-fold. We now use approximately 900 million pounds of industrial pesticides per year in the United States. Two pesticide products marketed for use on children present striking examples of our overall failure to protect children from these dangerous toxins.... |
2008 |
| Alan Jenkins , Sabrineh Ardalan |
Positive Health: the Human Right to Health Care under the New York State Constitution |
35 Fordham Urban Law Journal 479 (April, 2008) |
In his first State of the State address, former New York Governor Eliot Spitzer recognized the urgent need to reform our health care system. He explained that when 2.8 million New Yorkers can't afford health insurance, that affects not only them and their families, it affects everyone, and promised to take steps to make health care more... |
2008 |
| Howard K. Koh , Sarah Massin-Short , Loris J. Elqura , Christine M. Judge |
Poverty, Socioeconomic Position, and Cancer Disparities: Global Challenges and Opportunities |
15 Georgetown Journal on Poverty Law and Policy 663 (Fall, 2008) |
Cancer is a leading cause of death worldwide and will continue to be a major contributor to the chronic disease burden. Addressing the rising global burden of cancer demands a coordinated worldwide approach. However, this challenge first requires understanding the disproportionate burden falling upon poor and low socioeconomic position (SEP)... |
2008 |
| Jaime King |
Predicting Probability: Regulating the Future of Preimplantation Genetic Screening |
8 Yale Journal of Health Policy, Law & Ethics 283 (Summer 2008) |
Introduction. 285 I. Preimplantation Genetic Diagnosis and Screening. 290 A. Current PGS Use. 291 1. Chromosomal Analysis. 292 2. Genetic Analysis. 295 B. Limitations on Current PGS Use. 296 C. Future Capabilities of PGS. 298 II. Is PGS Oversight Necessary?. 301 A. The Authority of Society over the Individual. 301 B. Risks Associated with PGS. 303... |
2008 |
| Michele Goodwin |
Prosecuting the Womb |
76 George Washington Law Review 1657 (September, 2008) |
At the core of the modern Western political tradition lies the notion that there are certain things government should not do, certain places it should not go--except in the most extreme circumstances. In referring to these figurative things and places, people often use the language of fundamental rights. -- Guido Calabresi [T]he prosecution... |
2008 |
| Senator Tom Daschle |
Prospects for Health Care Reform in 2009 |
27 Yale Law and Policy Review 173 (Fall 2008) |
President Barack Obama has entered a White House burdened by myriad challenges. From the wars in Iraq and Afghanistan to global climate change, his administration faces a host of issues that will require strong bipartisan solutions in order to put our country back on track. Among the most daunting domestic policy crises is our crumbling health care... |
2008 |
| Michael Laufert |
Race and Population-based Medicine: Drug Development and Distributive Justice |
21 Georgetown Journal of Legal Ethics 859 (Summer, 2008) |
Racial and ethnic minorities have significantly poorer health compared to the United States population as a whole. Compared to the general population, African-Americans are more likely to die from diseases such as diabetes, heart disease, and AIDS. These disparities can be attributed to several factors, including but not limited to racism,... |
2008 |
| Shani M. King |
Race, Identity, and Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys |
18 Cornell Journal of Law & Public Policy 1 (Fall 2008) |
Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black... |
2008 |
| Shubha Ghosh |
Race-specific Patents, Commercialization, and Intellectual Property Policy |
56 Buffalo Law Review 409 (May, 2008) |
Patent reform is at the forefront of current academic and policy debates. Bad press on the quality of issued patents, litigation disruptive to competition and business, and the perceived impact of a seemingly broken system on innovation have each--and in combination--driven the movement to fix the patent system. This Article addresses the... |
2008 |
| Eleanor D. Kinney |
Recognition of the International Human Right to Health and Health Care in the United States |
60 Rutgers Law Review 335 (Winter 2008) |
Nearly sixty years ago, the United Nations adopted the Universal Declaration of Human Rights (UDHR). This charter document, adopted by the United Nations in the wake of World War II and its incredible atrocities, is the foundational document of human rights for the world. This declaration is extraordinary. It recognizes an international consensus... |
2008 |
| Rachael Andersen-Watts |
Recognizing Our Dangerous Gifts: Applying the Social Model to Individuals with Mental Illness |
12 Michigan State University Journal of Medicine & Law 141 (Winter, 2008) |
C1-2Table of Contents Introduction. 141 I. Foundations of the Debate: Legal History and Medical Background. 145 II. Medical Model in the Courts: Why are Judges and Doctors on the Same Team?. 146 III. The Social Model of Disabilities and Mental Illness. 152 IV. Applying the Social Model to Mental Illness. 156 V. Conclusion. 161 |
2008 |
| Lior Jacob Strahilevitz |
Reputation Nation: Law in an Era of Ubiquitous Personal Information |
102 Northwestern University Law Review 1667 (Fall 2008) |
Introduction. 1668 I. The Reputation Revolution and the Law. 1670 A. Existing Scholarship on Consumer Information and Discrimination. 1675 B. Landlord-Tenant Law. 1677 C. Antidiscrimination Law. 1682 D. Jury Selection. 1688 E. Medical Diagnosis and Treatment. 1695 F. Insurance. 1698 G. Immigration Law. 1699 H. Consumer Protection Law. 1706 II. When... |
2008 |
| Aric K. Short |
Slaves for Rent: Sexual Harassment in Housing as Involuntary Servitude |
86 Nebraska Law Review 838 (2008) |
I. Introduction. 839 II. Qualifying and Quantifying Sexual Harassment in Housing. 843 A. What Constitutes Residential Sexual Harassment?. 844 B. Measuring the Incidence. 847 1. Empirical Studies. 847 2. Official Data. 849 3. Case Law. 853 4. Investigative Journalism. 854 III. The FHA as an Imperfect Vehicle for Residential Sexual Harassment Claims.... |
2008 |
| Sara Rosenbaum |
Slouching Toward Health Reform: Insights from the Battle over Schip |
15 Georgetown Journal on Poverty Law and Policy 703 (Fall, 2008) |
By the end of 2007, the year that marked its tenth anniversary, the State Children's Health Insurance Program (SCHIP) legislative reauthorization lay in a shambles, the about-to-be victim of a second successful presidential veto. President Bush's action swiftly became the subject of a blizzard of speeches, articles, and editorials decrying the... |
2008 |
| Lawrence O. Gostin |
Socioeconomic Disparities in Health: a Symposium on the Relationships Between Poverty and Health |
15 Georgetown Journal on Poverty Law and Policy 571 (Fall, 2008) |
There is a social gradient in health that runs from the top to the bottom of society and affects all of us. A way to understand this link between status and health is to think of three fundamental human needs: health, autonomy and opportunity for full social participation. All the usual suspects affect health--material conditions, smoking, diet,... |
2008 |
| Jordan Blair Woods |
Taking the "Hate" out of Hate Crimes: Applying Unfair Advantage Theory to Justify the Enhanced Punishment of Opportunistic Bias Crimes |
56 UCLA Law Review 489 (December, 2008) |
Should bias crime perpetrators who, for personal gain, intentionally select victims from social groups that they perceive to be more vulnerable be punished similarly to typical bias crime perpetrators who are motivated by group hatred? In this Comment, I apply unfair advantage theory to argue that enhancing the punishment of opportunistic bias... |
2008 |
| Dayna Bowen Matthew |
The "Race Card" and Reforming American Health Insurance |
14 Connecticut Insurance Law Journal 435 (Spring, 2008) |
A person's race defines little that is biologically distinctive. However, as a social construct, race is a powerful determinant. For example, race stubbornly continues to serve as a determinant of health care status, access, outcomes and medical well-being in America. For the one-third of Americans who self-identify as racial or ethnic minorities,... |
2008 |
| Jessica Dixon |
The African-american Child Welfare Act: a Legal Redress for African-american Disproportionality in Child Protection Cases |
10 Berkeley Journal of African-American Law & Policy 109 (2008) |
Where are the courts for the white children? Why are most of the families in the Juvenile Court African-American? Is there a reason that there are more African-American families in the child welfare system? These are questions posed to me by law students over the last six years of teaching and supervising law students in the W.W. Caruth, Jr.... |
2008 |
| Tamar R. Birckhead |
The Age of the Child: Interrogating Juveniles after Roper V. Simmons |
65 Washington and Lee Law Review 385 (Spring, 2008) |
With its recent decision in Roper v. Simmons, invalidating the imposition of the death penalty on offenders who were younger than eighteen when their crimes were committed, the U.S. Supreme Court has heralded a major shift in the perspective of the legal system-and the culture at large-towards adolescents who commit crimes. Invoking social science... |
2008 |
| L. Darnell Weeden |
The Black Eye of Hurricane Katrina's Post Jim Crow Syndrome Is a Basic Human Dignity Challenge for America |
37 Capital University Law Review 93 (Fall, 2008) |
When Hurricane Katrina landed in New Orleans on its path of destruction in the early morning hours of August 29, 2005, I immediately assumed that it was just another major natural disaster, and that public officials had an adequate plan to help anyone who needed help in New Orleans and the Gulf Coast region. My assumption was that the government's... |
2008 |
| Ariel Pizzitola |
The Constitutionality of Opting out of Adolescent Sex: Hpv Vaccine-mandate Legislation Raises Constitutional Questions |
24 Journal of Contemporary Health Law and Policy 399 (Spring, 2008) |
The human papillomavirus (HPV) is considered to be the most widespread sexually transmitted disease in the United States. In 2003, HPV caused one hundred percent of the cases of cervical cancer in the United States. Moreover, it is projected that eighty percent of women will contract the disease by the age of fifty. The infection manifests itself... |
2008 |
| Diane Marie Amann |
The Course of True Human Rights Progress Never Did Run Smooth |
21 Harvard Human Rights Journal 171 (Summer 2008) |
Bold new ideas and quick decisions were asked, a critic of U.S. foreign policy has written. Innovation, a forward lean, was asked and at times given. Yet innovation often yielded undesired results. Action diplomacy, carried too far, entangled the United States in the fortunes of nations beyond the area of American interest or understanding,... |
2008 |
| Richard L. Abel |
The Globalization of Public Interest Law |
13 UCLA Journal of International Law and Foreign Affairs 295 (Spring 2008) |
Globalization creates exciting possibilities and challenges for public interest law. I will draw on the contributions to this symposium to address three issues that transcend the numerous national differences among them: the anxiety of influence, theories of law and social change, and the promise and limits of liberalism. I. The Anxiety of... |
2008 |
| Eva Paterson, Kimberly Thomas Rapp, Sara Jackson |
The Id, the Ego, and Equal Protection in the 21st Century: Building upon Charles Lawrence's Vision to Mount a Contemporary Challenge to the Intent Doctrine |
40 Connecticut Law Review 1175 (May, 2008) |
Our politicians and courts laud the progress we have made towards becoming a color-blind society, but in reality, they too often mistake race-blindness with racism blindness. We need only look to the states that have passed measures banning race- and gender-based considerations to see that color-blind admissions and hiring policies produce... |
2008 |
| Brietta R. Clark |
The Immigrant Health Care Narrative and What it Tells Us about the U.s. Health Care System |
17 Annals of Health Law 229 (Summer 2008) |
In San Diego, California, a hospital used the private company Nextcare to transfer undocumented immigrants to a clinic in Mexico after providing stabilizing emergency care. A Los Angeles Times (L.A. Times) article recounted one patient's experience: the patient was brought to the emergency room because he had been in a car accident. He required... |
2008 |
| Barbara L. Atwell |
The Jurisprudence of Love |
85 University of Detroit Mercy Law Review 495 (Summer 2008) |
Curse on all laws but those which love has made. At first glance, love and the law may appear to be two entirely unrelated concepts. In fact, when we think of the law, the line from the popular 1980s song by Tina Turner, What's Love Got to Do With It, may seem apt. Yet love and spirituality are inherent in many of the questions lawyers grapple... |
2008 |
| D. Aaron Lacy |
The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males |
86 Nebraska Law Review 552 (2008) |
I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an... |
2008 |
| Kendra Gray |
The Privacy Rule: Are We Being Deceived? |
11 DePaul Journal of Health Care Law 89 (Spring 2008) |
The theft of a laptop from a Poughkeepsie, New York medical center in 2006 put the personal health information of nearly 260,000 patients at risk. The breach occurred in June, but some patients were not notified until two months later. Incidents like this raise the question: are our Privacy Rights truly being protected? The Federal Standards for... |
2008 |
| Jack B. Weinstein |
The Role of Judges in a Government Of, By, and for the People: Notes for the Fifty-eighth Cardozo Lecture |
30 Cardozo Law Review 1 (September, 2008) |
Remarks of Senator Edward M. Kennedy. 3 Response to Senator Edward M. Kennedy. 4 Dedication. 6 The Last Known Photograph of Lincoln. 7 Introduction. 8 I. Why a Lecture in the Association's Great Hall Is So Great An Honor. 9 II. Prior Cardozo Lectures. 10 III. Of, By, and For the People. 12 A. History to Gettysburg. 14 B. Effect Since... |
2008 |
| Max J. Pfeffer |
The Underpinnings of Immigration and the Limits of Immigration Policy |
41 Cornell International Law Journal 83 (Winter 2008) |
Introduction. 83 I. Recent Immigration Trends and Immigrant Characteristics. 84 II. Public Opinion of Immigration. 87 III. The Underpinning of Immigration. 89 A. The Limits of Immigration Policy. 89 B. Conditions in Mexico. 92 IV. A Comprehensive Policy Approach to Immigration. 93 A. Development Policy. 94 B. Labor Policy. 94 C. Social Welfare... |
2008 |
| Frank M. McClellan |
The Vioxx Litigation: a Critical Look at Trial Tactics, the Tort System, and the Roles of Lawyers in Mass Tort Litigation |
57 DePaul Law Review 509 (Winter 2008) |
On November 9, 2007, Merck & Co., the executive committee of the Plaintiffs' Steering Committee of the federal multidistrict, and plaintiffs' counsel representatives agreed to settle the Vioxx litigation. The plaintiffs' lawyers were charged with obtaining the acceptance of at least 85% of Vioxx plaintiffs before the settlement goes into effect. If... |
2008 |
| Desireè Busching , Simon Kapochunas |
Timothy's Law: Introducing New York to Mental Health Parity |
25 Hofstra Labor and Employment Law Journal 601 (Spring 2008) |
Joe O'Clair's job with the New York State Thruway Authority provided health insurance for his family--his wife Donna and his three sons, John, Christopher, and Timothy. Timothy, unfortunately, was diagnosed with depression, oppositional defiance disorder, and other mental illnesses early in his life. Even more unfortunate was the soon-evident... |
2008 |
| Hilary M. Schwartzberg |
Tort Law in Action and Dog Bite Liability: How the American Legal System Blocks Plaintiffs from Compensation |
40 Connecticut Law Review 845 (February, 2008) |
The American public is embroiled in a love/hate relationship with canines. While we have unconditional and boundless love for the pets in our homes, we at the same time fear those strange dogs that roam beyond the safe confines of our backyards. The widespread fear of dog bites has caused both the insurance industry and the legal system to respond... |
2008 |
| Gregory Scott Parks |
Toward a Critical Race Realism |
17 Cornell Journal of Law & Public Policy 683 (Summer 2008) |
Like men we'll face the murderous, cowardly pack, Pressed to the wall, dying, but fighting back! -- Claude McKay INTRODUCTION. 684 I. CRITICAL RACE REALISM: AN INTELLECTUAL HISTORY OF CONSTITUENT FEATURES. 686 A. Interdisciplinarity in Early American Legal Education. 686 B. Holmes, Brandeis, Cardozo, and Pound. 689 C. Ivy League Iconoclasts at... |
2008 |
| Enola G. Aird |
Toward a Renaissance for the African-american Family: Confronting the Lie of Black Inferiority |
58 Emory Law Journal 7 (Fall 2008) |
How do we extinguish--once and for all--the lie of black inferiority that continues to undermine the ability of black people to love themselves and to love each other? That, in my view, is the hardest question regarding law, religion, and the African-American family that will have to be faced over the next twenty-five years. Like all families in... |
2008 |
| Montrece McNeill Ransom , Melisa Laura Thombley , Chinyere O. Ekechi |
Toward Eradication: How Law and Public Health Practices Can Be Used to Prevent Childhood Lead Poisoning |
22 Tulane Environmental Law Journal 1 (Winter 2008) |
I. Introduction. 2 II. Hypothetical Case Study: The Story of Karla S.. 5 III. Background: The Health Effects and Social Determinants of Lead Exposure. 6 IV. U.S. Lead Poisoning Law: An Overview. 7 A. Federal Regulation. 7 B. State Regulation. 11 1. Massachusetts. 11 2. Maine. 13 3. Michigan. 14 4. Rhode Island. 16 5. Indiana. 17 V. Legal... |
2008 |
| Robert D. Bullard , Paul Mohai , Robin Saha , Beverly Wright |
Toxic Wastes and Race at Twenty: Why Race Still Matters after All of These Years |
38 Environmental Law 371 (Spring 2008) |
In 1987 the United Church of Christ's (UCC) Commission for Racial Justice published its landmark report Toxic Wastes and Race in the United States. The report documented disproportionate environmental burdens facing people of color and low-income communities across the country. The report sparked a national grassroots environmental justice movement... |
2008 |
| Charles Lawrence III |
Unconscious Racism Revisited: Reflections on the Impact and Origins of "The Id, the Ego, and Equal Protection" |
40 Connecticut Law Review 931 (May, 2008) |
Twenty years ago, Professor Charles Lawrence wrote The Id, The Ego, and Equal Protection: Reckoning With Unconscious Racism. This article is considered a foundational document of Critical Race Theory and is one of the most influential and widely cited law review articles. The article argued that the purposeful intent requirement found in Supreme... |
2008 |
| Susan E. Cancelosi |
Unlocking the Truth: Evaluating 2008 Election Issues for Elderly Minorities as a Key to Understanding Medicare Reform |
10 Berkeley Journal of African-American Law & Policy 226 (2008) |
In a child's game of pick-up sticks, success depends on identifying and extracting individual sticks without disturbing the remainder of the pile. In the early 2008 United States presidential campaign, the candidates approached Medicare reform similarly, treating the nation's health care system for the elderly like a pile of unrelated problems to... |
2008 |
| Anita S. Earls, Emily Wynes, LeeAnne Quatrucci |
Voting Rights in North Carolina: 1982-2006 |
17 Southern California Review of Law & Social Justice 577 (Spring 2008) |
North Carolina's experience since the reauthorization of the Voting Rights Act in 1982 has been a mixed one of slow progress, setbacks and new challenges. Only forty of the state's one hundred counties are covered by Section 5 of the Act, resulting in greater protections for some areas of the state. While many of the gains in minority... |
2008 |
| Nina Perales, Luis Figueroa, Criselda G. Rivas |
Voting Rights in Texas: 1982-2006 |
17 Southern California Review of Law & Social Justice 713 (Spring 2008) |
The Voting Rights Act of 1965 (VRA) has been indispensable to guaranteeing minority voters access to the ballot in Texas. Texas has experienced a long history of voting discrimination against its Latino and African-American citizens dating back to 1845. The enactment of the VRA in 1965 began a process of integrating Latinos, African-Americans and,... |
2008 |
| Lucy Wang |
Weight Discrimination: One Size Fits All Remedy? |
117 Yale Law Journal 1900 (June, 2008) |
ABSTRACT. Being fat is one of the most devastating social stigmas today. In seeking a legal remedy, commentators and advocates appeal to existing models of employment discrimination: disability, race, sex, and more recently, appearance. Fat people do face discrimination along these fronts. Weight discrimination, however, is a distinct form of... |
2008 |
| Lolita A. Lopez, Dr. Christine Donohue-Henry, Sarah K. Noonan, Teresa A. Cheek |
Westside Family Healthcare and the Community Health Center Movement |
26-SUM Delaware Lawyer 22 (Summer, 2008) |
Westside Family Healthcare has spent 20 years addressing health disparities and lack of access to primary healthcare among Delaware's disadvantaged populations. According to preliminary 2005 data from the Centers for Disease Control (CDC), the three leading causes of death in Delaware in 2005 were heart disease, cancer and stroke. Delaware has for... |
2008 |
| Larry I. Palmer |
What Is Urban Health Policy and What's Law Got to Do with It? |
15 Georgetown Journal on Poverty Law and Policy 635 (Fall, 2008) |
The experts concluded that if the community were to be healthy, if it were not to revert again to a blighted or slum area, as though possessed of a congenital disease, the area must be planned as a whole. It was not enough, they believed, to remove existing buildings that were insanitary [sic] or unsightly. More than half the world's population... |
2008 |
| Shalini R. Deo |
Where Have All the Lovings Gone?: the Continuing Relevance of the Movement for a Multiracial Category and Racial Classification after Parents Involved in Community Schools V. Seattle School District No. 1 |
11 Journal of Gender, Race and Justice 409 (Spring 2008) |
Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix. This nation has a moral and ethical obligation to fulfill... |
2008 |
| Christopher Ogolla |
Will the Use of Racial Statistics in Public Health Surveillance Survive Equal Protection Challenges? A Prolegomenon for the Future |
31 North Carolina Central Law Review 1 (2008) |
I. Introduction. 1 II. Is Racial Surveillance Acceptable?. 3 III. The Federal Government and Public Health Surveillance. 5 IV. Standards for the Classification of Federal Data on Race. 6 V. Legal Basis for Public Health Surveillance in General. 8 VI. Racial Classification and Strict Scrutiny. 13 VII. Legal Pitfalls of Using Race in Public Health... |
2008 |