| Author | Title | Citation | Summary | Year |
| Patrice H. Kunesh |
A Call for an Assessment of the Welfare of Indian Children in South Dakota |
52 South Dakota Law Review 247 (2007) |
Give me the strength to walk the soft earth, A relative to all that is! Give me the eyes to see and the strength to understand. - Black Elk The initial impetus for this Article began in the summer of 2005 when I moved to South Dakota to begin an appointment at the University of South Dakota School of Law. With teaching responsibilities in the areas... |
2007 |
| Ian F. Haney López |
A Nation of Minorities: Race, Ethnicity, and Reactionary Colorblindness |
59 Stanford Law Review 985 (February, 2007) |
Justice Clarence Thomas insists upon a moral and constitutional equivalence between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. This asserted congruence between Jim Crow laws and affirmative action seems intellectually indefensible--but it is now a... |
2007 |
| David A. Harvey |
A Preference for Equality: Seeking the Benefits of Diversity Outside the Educational Context |
21 BYU Journal of Public Law 55 (2007) |
The Supreme Court has accepted diversity as a compelling governmental interest justifying the use of race-conscious affirmative action plans (AAP) in the educational context. Therefore, an admissions program that takes race into account to obtain a diverse student body may be constitutional under the Court's strict scrutiny analysis. Recognizing... |
2007 |
| Leonard J. Nelson, III |
A Tale of Three Systems: a Comparative Overview of Health Care Reform in England, Canada, and the United States |
37 Cumberland Law Review 513 (2006-2007) |
A survey of health care reform efforts in England, Canada, and the United States reveals that a debate is currently ongoing in all three countries over the best approaches to providing universal access to high quality health care at an affordable cost. One of the major issues in these debates focuses on the role that competitive markets will play... |
2007 |
| Florence Wagman Roisman |
Affirmatively Furthering Fair Housing in Regional Housing Markets: the Baltimore Public Housing Desegregation Litigation |
42 Wake Forest Law Review 333 (Summer 2007) |
We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. Martin Luther King, Jr., I Have A Dream, Address to the March on Washington for Jobs and Freedom (Aug. 28, 1963). In making these regional efforts, HUD did not overlook the current residents of Baltimore public housing. . . . [P]ublic housing... |
2007 |
| Wesley J. Smith |
Assisted Suicide: Bad Medicine and Even Worse Public Policy |
24 Thomas M. Cooley Law Review 99 (Hilary Term 2007) |
The euthanasia movement is thought of as a distinctly contemporary phenomenon. In actuality, political and social agitation to legalize euthanasia and assisted suicide is more than 100 years old. Indeed, modern euthanasia advocacy can be traced back to 1870 and the publication of an essay by an obscure school teacher named Samuel D. Williams, who... |
2007 |
| Francine J. Lipman |
Bearing Witness to Economic Injustices of Undocumented Immigrant Families: a New Class of "Undeserving" Poor |
7 Nevada Law Journal 736 (Summer 2007) |
Seven fifty-five, Wednesday evening, November 8, the day before her eighty-second wedding anniversary and twenty-nine days before her 100th birthday, my grandmother slipped away from the American family and dream that she loved every day of her life. A first generation United States citizen, Rose was born at home on 15th Street in New York City to... |
2007 |
| Kathleen A. Ward |
Before and after the White Man: Indian Women, Property, Progress, and Power |
6 Connecticut Public Interest Law Journal 245 (Spring/Summer, 2007) |
Native America has been, and in many ways still is, more diverse than the entire continent of Europe. While all Indian tribes have an underlying consciousness and world view, each tribe has its own language, religion, customs, governance structure, judicial system, and history. Thus, when writing an article about the Native American experience, it... |
2007 |
| Sandra T. Azar , Phillip Atiba Goff |
Can Science Help Solomon? Child Maltreatment Cases and the Potential for Racial and Ethnic Bias in Decision Making |
81 Saint John's Law Review 533 (Summer 2007) |
Over the last three decades, there has been an increasing debate, both domestically and internationally, regarding the consideration that is given to children's rights within the legal system. Nowhere has the protection of children's rights been upheld more strongly than in the passage and application of child protection reporting laws and related... |
2007 |
| Henry Korman |
Clash of the Integrationists: the Mismatch of Civil Rights Imperatives in Supportive Housing for People with Disabilities |
26 Saint Louis University Public Law Review 3 (2007) |
A northeastern state embarked on an ambitious planning effort to develop supportive housing opportunities for homeless people with serious mental illnesses in subsidized, scattered site, community-based apartments as an alternative to hospitalization and placement in halfway houses. The initiative brought together state mental health officials,... |
2007 |
| David Dominguez |
Community Lawyering in the Juvenile Cellblock: Creative Uses of Legal Problem Solving to Reconcile Competing Narratives on Prosecutorial Abuse, Juvenile Criminality, and Public Safety |
2007 Journal of Dispute Resolution 387 (2007) |
We, a team of law students in Community Lawyering and I, meet Maria in a juvenile cellblock. This is her first experience with secure confinement. She is fourteen years old, a Spanish-speaking, recently arrived immigrant. She is wearing a nondescript faded-blue jumpsuit, way too big for her small frame. Her orange plastic sandals complete the... |
2007 |
| Philip C. Aka |
Corporate Governance in South Africa: Analyzing the Dynamics of Corporate Governance Reforms in the "Rainbow Nation" |
33 North Carolina Journal of International Law and Commercial Regulation 219 (Winter 2007) |
I. Introduction and Argument. 220 II. Refresher on the Rainbow Nation . 227 III. Nature and Character of the Law of Corporate Governance in South Africa. 237 A. Defining Corporate Governance. 237 B. Legal Framework Relating to the Law of Corporate Governance in South Africa. 239 C. Features of the Law of Corporate Governance in South Africa. 242... |
2007 |
| Daniel J. Sharfstein |
Crossing the Color Line: Racial Migration and the One-drop Rule, 1600-1860 |
91 Minnesota Law Review 592 (February, 2007) |
It ain't no lie, it's a natural fact, / You could have been colored without being so black . . . . -- Sung by deck hands, Auburn, Alabama, 1915-16 They are our enemies; we marry them. -- African Proverb In 1819 a Scotsman named James Flint crossed the Atlantic Ocean, made his way from New York to Pittsburgh, sailed down the Ohio, and settled... |
2007 |
| Erik Bruce Smith |
Dental Therapists in Alaska: Addressing Unmet Needs and Reviving Competition in Dental Care |
24 Alaska Law Review 105 (June, 2007) |
Dental healthcare is provided to Alaska Natives and all other Native Americans by the United States government as part of its unique legal and political relationship with the tribes. Although Alaska Natives do have some degree of access to dentists, they suffer from the worst dental health of any group in the United States. This crisis exists... |
2007 |
| Beverly Cohen |
Disentangling Emtala from Medical Malpractice: Revising Emtala's Screening Standard to Differentiate Between Ordinary Negligence and Discriminatory Denials of Care |
82 Tulane Law Review 645 (December, 2007) |
Congress's intent in enacting the Emergency Medical Treatment and Active Labor Act (EMTALA) was to prohibit hospital emergency rooms from refusing to treat patients because they were unable to pay or due to other discriminatory reasons. EMTALA requires emergency departments to screen all patients who present for treatment and to stabilize or... |
2007 |
| Olatunde C.A. Johnson |
Disparity Rules |
107 Columbia Law Review 374 (March, 2007) |
In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial... |
2007 |
| Royce Brooks |
Electing One of Our Own: the Importance of Black Representatives for Black Communities in the Context of Local Government |
3 Modern American 33 (Spring, 2007) |
On New Year's Day 2005, the Tarrant County Commissioners' Courtroom was at standing-room only for perhaps the first time ever as hundreds of supporters gathered to watch Roy C. Brooks, the newly-elected Precinct 1 Commissioner, take the oath of office. The candidate's family had prime seats in the front two rows - not only his wife, son, and... |
2007 |
| Andrea Freeman |
Fast Food: Oppression Through Poor Nutrition |
95 California Law Review 2221 (December, 2007) |
Fast food has become a major source of nutrition in low-income, urban neighborhoods across the United States. Although some social and cultural factors account for fast food's overwhelming popularity, targeted marketing, infiltration into schools, government subsidies, and federal food policy each play a significant role in denying inner-city... |
2007 |
| Thomas L. Greaney |
Foreword: the New Infrastructure of Medicare |
1 Saint Louis University Journal of Health Law & Policy 1 (2007) |
The architects of the landmark Medicare Modernization Act of 2003 (MMA) were nothing less than shrewd in casting the law's sweeping changes to the nation's fifty-year-old healthcare program as modernization. Beyond conveying a forward-looking message that undoubtedly scored well with focus groups, the word carried multiple layers of meaning. Most... |
2007 |
| Rashmi Goel |
From Tainted to Sainted: the View of Interracial Relations as Cultural Evangelism |
2007 Wisconsin Law Review 489 (2007) |
I. Introduction. 489 II. Archetypes of Race Relations. 497 A. Civilized Whites-Colored Savages. 497 B. White Master-Colored Slave. 499 C. White Colonizer-Colored Subject. 501 D. White Missionary-Colored Heathen. 503 III. The Cognitive Imprint and Social Psychology. 508 IV. Cultural Evangelism and the Interracial Marriage. 511 V. Just Between Us:... |
2007 |
| Bert Kritzer, St. Paul, Minnesota |
From the Editor |
41 Law and Society Review ix (December, 2007) |
This issue completes the volumes for which I have been honored to serve as editor of Law & Society Review. When I accepted this position, I knew that it would be very demanding of my time, but I expected it also to be intellectually rewarding. I have not been disappointed. I have read manuscripts in areas that are far from my own interests, and I... |
2007 |
| David L. McMurray, Jr. |
Genomics & Ethnicity: Using a Tool in the U.s. Environmental Protection Agency's Environmental Justice Toolkit |
10 Journal of Health Care Law and Policy 187 (2007) |
While a relatively new issue, environmental justice has had a major impact on environmental law. The environmental justice movement encourages the development of environmental laws that fairly treat persons regardless of race or income. The movement is the result of disproportionate treatment of minority groups, both real and perceived. Results of... |
2007 |
| Compiled by Paul J. Moorman , Jessica Wimer |
Gerontology and the Law: a Selected Annotated Bibliography: 2002-2005 Update |
80 Southern California Law Review 1077 (July, 2007) |
I. INTRODUCTION. 1079 II. GENERAL WORKS ON LAW AND AGING. 1080 A. BOOKS. 1080 B. ARTICLES. 1081 III. INCOME MAINTENANCE AND FINANCIAL/RETIREMENT PLANNING. 1082 A. GENERAL WORKS/MISCELLANY (INCLUDING PRIVATE PENSIONS). 1082 1. Books. 1082 2. Articles. 1085 B. SOCIAL SECURITY/PUBLIC PENSIONS. 1091 1. Books. 1091 2. Articles. 1094 IV. AGE... |
2007 |
| Sara Outterson |
Getting the Lead Out: Revising Lead Hazard Legislation to Reach Children in Poverty |
31 William and Mary Environmental Law and Policy Review 829 (Spring, 2007) |
Eric has an I.Q. of fifty-one. He is in the second grade, but is unable to identify the letters of the alphabet or recognize his printed name. He cannot count. Matthew sits next to him in class. Matthew is eight years old and frequently has emotional outbursts. Although he is repeating the second grade, he is eight inches shorter than most of the... |
2007 |
| Robert J. Landry, III , Amy K. Yarbrough |
Global Lessons from Consumer Bankruptcy and Healthcare Reforms in the United States: a Struggling Social Safety Net |
16 Michigan State Journal of International Law 343 (2007) |
Consumer bankruptcy and healthcare reforms have been on the agenda in the United States for nearly a decade. There have been successful legislative efforts in both policy areas, such as passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Reform Act) and the Health Insurance Portability and Accountability Act of 1996... |
2007 |
| Jennifer Gores |
Health Care Access |
8 Georgetown Journal of Gender and the Law 837 (2007) |
I. Historical Perspective of Health Care and Disparate Treatment. 839 A. Access to Health Care. 840 1. The Supreme Court has Failed to Recognize a Constitutional Right to Health Care. 840 2. Statutory Protections for Access to Health Care. 841 B. EMTALA - A Guaranteed Right to Emergency Health Care. 842 1. The Rights of Americans to Health Care... |
2007 |
| Michael H. Fox |
Healthcare Reform: the Rhetoric and the Reality |
55 University of Kansas Law Review 1119 (June, 2007) |
Reading from a newspaper recently, I came across an article entitled Trying the Patience: Health Care Ills at Epidemic Proportions: Increasingly, the health care system is trying the patience of those who need it. Consumers are coming under the control of unseen and seemingly incomprehensible forces, with the result that they do not have the access... |
2007 |
| E. Jacob Lubarsky |
Highway to Health: Exploring Legal Avenues to Connecting General Plans and Public Health Standards in California |
1 Golden Gate University Environmental Law Journal 405 (Winter 2007) |
Low-income urban centers in the United States are some of the unhealthiest places to live. Childhood and adult asthma, obesity, heart disease, and diabetes rates are rapidly rising, while access to healthy foods and greenspace to recreate is dwindling. Until very recently, public planning failed to take into consideration many factors and sources... |
2007 |
| Starla Kay Roels, Esq. |
Hipaa and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities |
31 American Indian Law Review 1 (2006-2007) |
[T]he HIPAA privacy rule will improve the quality of care and access to care by fostering patient trust and confidence in the health care system. People will be encouraged to more fully participate in their own care, and . . . [o]nce fully. . . implemented, we believe the HIPAA privacy regulation will improve the quality of health care and broaden... |
2007 |
| George W. Dent, Jr. |
How Does Same-sex Marriage Threaten You? |
59 Rutgers Law Review 233 (Winter 2007) |
In Lewis v. Harris , the New Jersey Supreme Court ruled on the legal status of marriage, a matter of immense importance, without ever really discussing why the law does or should care about marriage at all. Accordingly, the decision is unsatisfactory not only for those who believe traditional marriage is special, but also for those who believe that... |
2007 |
| Keri Tonn, J.D., M.S. |
Hpsa and the Anti-kickback Safe Harbor: Are We Sending Doctors to the Right Neighborhoods? |
16 Annals of Health Law 241 (Summer 2007) |
The Anti-Kickback statute is aimed at preventing improper payments that might inappropriately influence healthcare decisions. The statute was enacted in 1972 in an effort to protect patients and the federal healthcare programs from fraud and abuse. When a hospital recruits a physician, it must be careful not to offer incentives that would violate... |
2007 |
| Manav Bhatnagar |
Identifying the Identified: the Census, Race, and the Myth of Self-classification |
13 Texas Journal on Civil Liberties & Civil Rights 85 (Fall 2007) |
Introduction. 86 I. Changing Process, Constant Contestation: From the Constitution to the 2010 Census. 89 A. The Evolution of the Decennial Census. 89 B. Changing Attitudes Towards Racial Data and the Census. 91 C. Courts and the Census. 92 II. What is Racial Classification?. 95 III. Census Classifications and the Morales Misunderstanding: What... |
2007 |
| Kristin A. Lane , Jerry Kang , Mahzarin R. Banaji |
Implicit Social Cognition and Law |
3 Annual Review of Law and Social Science 427 (2007) |
psychology and law, unconscious cognition, implicit bias, intent, discrimination, behavioral realism, equal protection, Title VII Experimental psychology has provided substantial evidence that the human mind can operate in automatic, uncontrollable fashion as well as without conscious awareness of its workings and the sources of influence on it.... |
2007 |
| Muneer I. Ahmad |
Interpreting Communities: Lawyering Across Language Difference |
54 UCLA Law Review 999 (June, 2007) |
As the rapid growth of immigrant communities in recent years transforms the demography of the United States, language diversity is emerging as a critical feature of this transformation. Poor and low-wage workers and their families in the aggressively globalized U.S. economy increasingly are Limited English Proficient, renewing longstanding debates... |
2007 |
| Aziz Huq |
Introduction |
10 NYU Journal of Legislation and Public Policy 445 (2006-2007) |
The following papers provide divergent perspectives on a concept that is and will likely remain essentially contested: immigrant assimilation in American society. To be properly termed essentially contested, a concept must have a combination of normativity and complexity: only normative concepts with a certain internal complexity are capable... |
2007 |
| Carol B. Liebman |
Introduction to the Symposium Issue on Alternative Dispute Resolution Strategies in End-of-life Decisions |
23 Ohio State Journal on Dispute Resolution 1 (2007) |
At about 8:30 p.m. on a spring evening approximately twenty-five years ago when I was living in Newton, Massachusetts, our telephone rang. It was the emergency judge on duty that week asking me to go to a nearby suburban hospital to represent a sixty-eight-year-old woman whom I'll call Mrs. P. She had been hospitalized for heart failure and was... |
2007 |
| Monique M. Williams, M.D. |
Invisible, Unequal, and Forgotten: Health Disparities in the Elderly |
21 Notre Dame Journal of Law, Ethics & Public Policy 441 (2007) |
General health in the United States has improved significantly. However, health disparities persist. Subsets of the population experience an unequal burden of disease, morbidity, mortality, and disability. The root causes of health care disparities are myriad and often multifactorial. The process to effect change must be likewise comprehensive and... |
2007 |
| Darci L. Graves , Robert C. Like , Nataly Kelly, Alexa Hohensee |
Legislation as Intervention: a Survey of Cultural Competence Policy in Health Care |
10 Journal of Health Care Law and Policy 339 (2007) |
In 1978, an article published by the Annals of Internal Medicine outlined public perception of the health care crisis in the United States. Many of the aspects of public perception noted in this article still seem relevant today: dissatisfaction with the quality of the medical encounter, intolerable costs, inaccessibility of medical care... |
2007 |
| David S. Buckel |
Lewis V. Harris: Essay on a Settled Question and an Open Question |
59 Rutgers Law Review 221 (Winter 2007) |
This important symposium helped clarify what is increasingly behind us and what still lies ahead of us as America marches, slowly but surely, toward the freedom to marry for same-sex couples. Despite another panelist's reliance on discredited and distorted social science, we are leaving behind numerous myths and stereotypes about lesbians and gay... |
2007 |
| Tamara A. Steckler |
Litigating Racism: Exposing Injustice in Juvenile Prosecutions |
60 Rutgers Law Review 245 (Fall 2007) |
While our legal system is built on a foundation of equal justice, the juvenile justice system is anything but equal. Throughout the system, minority youth-- especially African American youth--are subjected to harsher treatment than white youth for similar behavior. Moreover, our current juvenile justice system perpetuates the myth that minority... |
2007 |
| Neda Mahmoudzadeh |
Love Them, Love Them Not: the Reflection of Anti-immigrant Attitudes in Undocumented Immigrant Health Care Law |
9 Scholar: St. Mary's Law Review on Minority Issues 465 (Spring 2007) |
I. Introduction. 467 A. The Problem of Illegal Aliens. 467 II. Legal Background. 469 A. Regulation Affecting Undocumented Immigrants' Health Care. 469 1. The Immigration Reform Act. 469 2. The Welfare Reform Act. 470 3. The Role of States. 471 III. Legal Analysis. 473 A. The Political Context of the 1996 Reform Acts. 473 B. Current State of... |
2007 |
| Renée M. Landers |
Massachusetts Health Insurance Reform Legislation: an Effective Tool for Addressing Racial and Ethnic Disparities in Health Care? |
29 Hamline Journal of Public Law and Policy 1 (Fall 2007) |
Researchers sometimes do not know, forget, or are unimpressed that Dante reserved the seventh level of hell for those who recognize a problem and do not attempt to do anything to solve it. A vast and growing body of research documents the disparities in health care access, treatment, and outcomes experienced by non-white racial and ethnic groups in... |
2007 |
| Christie L. Hager |
Massachusetts Health Reform: a Social Compact and a Bold Experiment |
55 University of Kansas Law Review 1313 (June, 2007) |
A sweeping health care reform law, enacted in Massachusetts in April 2006, during the 2005-2006 session of the Massachusetts General Court, has become the catalyst for renewed discussion and action among states seeking to address the growing problem of the medically uninsured. Expanding access to health coverage for the uninsured represents one of... |
2007 |
| Corrine Propas Parver , Tara Hechlik Newsom |
Medical Malpractice Insurance Crisis: an Inquiry into the Relationship Between the Crisis and Access to Health Care for Women of Color |
3 Journal of Health & Biomedical Law 267 (2007) |
Over the last decade, the twin issues of rising medical malpractice insurance rates and decreasing access to health care have reached crisis proportions for select populations in the United States. In the U.S. Congress, Representative John Conyers (D-MI), Chair of the House Judiciary Committee, has characterized the legislative debate on these... |
2007 |
| Louis Saddler, Andrew B. Whitford , Department of Public Administration and Policy School of Public & International Affairs The University of Georgia 204 Baldwin Hall Athens, GA 30602-1615 Phone: 706.542.9660 Fax: 706.583.0610 lsadd@uga.edu, Associate Pro |
Minority Health in the United States: Why Organization Matters |
8 Journal of Law in Society 105 (Summer, 2007) |
Substantial attention has turned to the elimination of racial health disparities, the role of race in health care provision, and the socioeconomic determinants of public health outcomes in the United States. We shift the focus to the organizational structure of minority health resources and advocacy at the federal level in the United States. We... |
2007 |
| Russell B. Cate |
Move over Managed Care - Health Savings Accounts, Small Businesses, and Low Wage Earners: Cost, Quality, and Access |
4 Indiana Health Law Review 287 (2007) |
The high cost of health care in the world's most prosperous nation is becoming an increasingly pervasive problem. Rather than making cost containment and access a function of the government, Congress continues to search for solutions with a capitalistic approach. In other words, Congress continues to leave the task of decreasing health care costs... |
2007 |
| Sean C. Clark |
Never in a Vacuum: Learning from the Thai Fight Against Hiv |
13 William and Mary Journal of Women and the Law 593 (Winter, 2007) |
More so than any other widespread health threat in the twentieth century, the emergence and dissemination of HIV/AIDS caught the attention of much of the world and scared it out of its wits. Initial reports, often sensational, fostered a lingering association of the virus with the homosexual and intravenous-drug-using communities. Long after this... |
2007 |
| Jeffrey Fagan , Mukul Bakhshi |
New Frameworks for Racial Equality in the Criminal Law |
39 Columbia Human Rights Law Review 1 (Fall 2007) |
This year marked the twentieth anniversary of the U.S. Supreme Court's decision in McCleskey v. Kemp, a case whose ramifications for the pursuit of racial equality within criminal justice are still felt today. McCleskey set an impossibly high bar for constitutionally-based challenges seeking fundamental racial fairness in capital punishment. The... |
2007 |
| David M. Trubek , Louise G. Trubek |
New Governance & Legal Regulation: Complementarity, Rivalry, and Transformation |
13 Columbia Journal of European Law 539 (Summer, 2007) |
New approaches to regulation have emerged to deal with inadequacies of traditional command and control systems. Such new governance mechanisms are designed to increase flexibility, improve participation, foster experimentation and deliberation, and accommodate regulation by multiple levels of government. In many cases, these mechanisms co-exist... |
2007 |
| Louise G. Trubek |
New Governance and Soft Law in Health Care Reform |
32-SPG Administrative & Regulatory Law News 4 (Spring, 2007) |
Health care reform is underway. To resolve longstanding health care problems, reformers are using new technologies, revising the role of public agencies, expanding the use of information, and creating flexible and participatory tools. These processes are based on an emerging set of practices that can be called new governance, post-regulatory,... |
2007 |