| Author | Title | Citation | Summary | Year |
| Gregory Mitchell , Philip E. Tetlock |
Antidiscrimination Law and the Perils of Mindreading |
67 Ohio State Law Journal 1023 (2006) |
Recent legal scholarship challenges the default psychological assumption in antidiscrimination law that discrimination is a function of psychological processes under the conscious control of the discriminator, and replaces it with the assumption that discrimination is the result of unconscious, or implicit, psychological processes that operate... |
2006 |
| James M. Byrne, April Pattavina, Department of Criminal Justice and Criminology, University of Massachusetts, Lowell, Department of Criminal Justice and Criminology, University of Massachusetts, Lowell |
Assessing the Role of Clinical and Actuarial Risk Assessment in an Evidence-based Community Corrections System: Issues to Consider |
70-SEP Federal Probation 64 (September, 2006) |
THE RISK ASSESSMENT process is undergoing major change in federal, state and local community corrections agencies across the country. New assessment instruments are being introduced, case management systems are being redesigned, and the roles and responsibilities of line staff and management in community corrections agencies are being redefined, in... |
2006 |
| Lorraine Schmall |
Birth Control as a Labor Law Issue |
13 Duke Journal of Gender Law & Policy 139 (Spring 2006) |
The latest challenge to choice is at the local drugstore. The century-long battle to give women the right to control their bodies and their working lives is far from over. The most recent guardians of public morals are the local druggist, who may refuse to fill a prescription for contraceptives, and state legislators, who wish to reverse the... |
2006 |
| Robin Morris Collin |
Brown and Me: Brown's Theory of an Educational Remedy for Citizenship |
9 Howard Scroll: The Social Justice Law Review 73 (Fall, 2006) |
Brown v. Board of Education, a landmark United States Supreme Court case, turned 50 years old on May 17, 2004. It stands as an icon, an inspiration, a turning point, and - some will say - a failure. Some have called Brown [u]nquestionably the greatest judicial document on the meaning of equality in post-slavery America. As such, the decision .... |
2006 |
| Einer R. Elhauge |
Can Health Law Become a Coherent Field of Law? |
41 Wake Forest Law Review 365 (Summer 2006) |
I want to concede at the outset that health law, today, is not yet a coherent field of law. It is, rather, a disjointed set of statutes and doctrines, designed mainly with nonmedical cases in mind, based on different principles and paradigms, which are applied to health care issues in a way that not only lacks coordination but results in each... |
2006 |
| Amanda Shaffer , Mark Vallianatos , Andrea Misako Azuma , Robert Gottlieb |
Changing the Food Environment: Community Engagement Strategies and Place-based Policy Tools That Address the Influence of Marketing |
39 Loyola of Los Angeles Law Review 647 (May, 2006) |
Given the growing problem of obesity and diet-related illness in the United States, the marketing of junk food to children has significant impacts that society needs to address. As schools ban soda and legislators threaten to ban junk-food advertisements during children's television programs, marketers have adopted new place-based strategies to... |
2006 |
| Tseming Yang |
Choice and Fraud in Racial Identification: the Dilemma of Policing Race in Affirmative Action, the Census, and a Color-blind Society |
11 Michigan Journal of Race and Law 367 (Spring 2006) |
INTRODUCTION. 367 I. Crossing Lines of Color and Race. 372 A. Past Efforts to Cross Color and Race Lines. 372 1. Racial Passing. 372 2. Legal Recognition of Whitness (and other Racial Identities). 376 B. New Ways of Passing and Changing One's Racial Identity: Medical Technology and Bureaucratic Records. 377 C. The Construction of Race and Racial... |
2006 |
| Carolyn M. Clancy |
Closing the Health Care Disparities Gap: Turning Evidence into Action |
9 Journal of Health Care Law and Policy 121 (2006) |
As one of the agencies within the U.S. Department of Health and Human Services (HHS), the mission of the Agency for Healthcare Research and Quality (AHRQ) is to improve the quality, safety, efficiency, and effectiveness of health care for all Americans. To measure America's performance in these areas, AHRQ publishes the National Healthcare Quality... |
2006 |
| Zanita E. Fenton |
Colorblind must Not Mean Blind to the Realities Facing Black Children |
26 Boston College Third World Law Journal 81 (Winter, 2006) |
Abstract: This discussion identifies the statistical realities resulting from institutionalized racism and foregrounding the challenges to ensuring the welfare of Black children. It then identifies specific instances where policy and law makers should reconsider rules and objectives, while keeping in mind the ultimate effects imposed on children... |
2006 |
| M. C. Gibbons, M.D., M.P.H. |
Common Ground: Exploring Policy Approaches to Addressing Racial Disparities from the Left and the Right |
9 Journal of Health Care Law and Policy 48 (2006) |
Although the existence of racial and ethnic disparities is increasingly recognized, a complete understanding of the causes and solutions to these problems remains elusive. Part One of this paper provides a historical overview of the origins of these disparities. Part Two outlines fundamental challenges to achieving a clear understanding of the... |
2006 |
| Breighanne Aileen Fisher |
Community-based Efforts at Reducing America's Childhood Obesity Epidemic: Federal Lawmakers must Weigh in |
55 DePaul Law Review 711 (Winter 2006) |
America's children face a problem unlike anything previous generations have experienced. Obesity kills 300,000 people a year, causes ailments such as heart disease, diabetes, and sleep apnea, and is the source of $47.5 billion in annual U.S. medical expenditures. Overweight and obesity are problems that are gripping the country at an epidemic rate... |
2006 |
| John J. Gibbons, Nicholas De B. Katzenbach, Commission Co-chairs |
Confronting Confinement |
22 Washington University Journal of Law and Policy 385 (2006) |
Commission Staff Executive Director Alexander Busansky Communications Director Jennifer Trone Senior Counsel Jon Wool Counsel Michela Bowman Operations and Outreach Manager Jenni Trovillion Senior Associate Tina Chiu Research Associate Andres Rengifo Research Assistants Michael Corradini Katherine Kimpel Website Administrator John McCrory Fellows... |
2006 |
| Eric K. Yamamoto , Carly Minner , Karen Winter |
Contextual Strict Scrutiny |
49 Howard Law Journal 241 (Winter 2006) |
One wonders whether the majority still believes that race discrimination-- or more accurately, race discrimination against nonwhites--is a problem in our society, or even remembers that it ever was. Justice Harry Blackmun Justice Blackmun's famous dissent highlighted a stark truth about the Supreme Court's late 1980s' equality jurisprudence--an... |
2006 |
| James M. Byrne, Faye S. Taxman, Professor, Department of Criminal Justice and Criminology, University of Massachusetts Lowell, Professor, Wilder School of Government and Public Policy, Virginia Commonwealth University |
Crime Control Strategies and Community Change--reframing the Surveillance Vs. Treatment Debate |
70-JUN Federal Probation 3 (June, 2006) |
IN A RECENT monograph, Rethinking Rehabilitation, David Farabee challenges much of the theory, research, and policy associated with liberal offender treatment strategies (Farabee, 2005). He argues that we have attempted (and largely failed) to treat offenders in both institutional and community settings for a range of problems (drug abuse,... |
2006 |
| Ascanio Piomelli |
Cross-cultural Lawyering by the Book: the Latest Clinical Texts and a Sketch of a Future Agenda |
4 Hastings Race and Poverty Law Journal 131 (Fall 2006) |
In 1997, Michelle Jacobs forcefully argued that the leading clinical textbooks of the era, despite advocating a client-centered approach to law practice, failed to address the potential impact of cultural differences on the interactions between attorneys and clients - a failing that impaired the representation of clients of color and lower-income... |
2006 |
| Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky |
Database Limitations on the Evidentiary Value of Forensic Mitochondrial Dna Evidence |
43 American Criminal Law Review 53 (Winter, 2006) |
ABSTRACT: Mitochondrial DNA (mtDNA) typing is increasingly being offered in criminal jury trials as proof that the defendant is a possible contributor of DNA found at a crime scene. As a prerequisite to introducing such evidence, the prosecution typically must estimate the frequency in the general population of the mtDNA sequence found in the... |
2006 |
| Margaret Montoya |
Defending the Future Voices of Critical Race Feminism |
39 U.C. Davis Law Review 1305 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31307 I. Higher Education Access in New Mexico: Grutter Plus New Strategies. 1307 II. Increasing Educational Access, Decreasing Social Disparities. 1311 A. Introducing Race and Culture into Public School Curricula. 1312 B. Preparing Culturally Competent Doctors and Lawyers. 1314 L1-2Conclusion . L31319 |
2006 |
| Dayna Bowen Matthew |
Disastrous Disasters: Restoring Civil Rights Protections for Victims of the State in Natural Disasters |
2 Journal of Health & Biomedical Law 213 (2006) |
Our investigation revealed that Katrina was a national failure, an abdication of the most solemn obligation to provide for the common welfare. . . . Not even the perfect bureaucratic storm of flaws and failures can wash away the fundamental governmental responsibility to protect public health and safety. A Failure of Initiative, Final Report,... |
2006 |
| Janet Brewer |
Diseases of Place: Legal and Ethical Implications of Surname and Ethnicity as Predictors of Disease Risk |
9 Quinnipiac Health Law Journal 155 (2006) |
Sickle cell anemia, most prevalent in those whose ancestors lived in sub-Saharan Africa, the Middle East, India, or the Mediterranean region, has served as the prototypical example of how disease genes come to thrive within specific ethnic populations. As such, ancestral origin serves as a predictor of disease risk where sickle cell disease is... |
2006 |
| Maxwell J. Mehlman |
Dishonest Medical Mistakes |
59 Vanderbilt Law Review 1137 (May, 2006) |
I. The Patient's Predicament. 1137 A. Sometimes Disloyal Doctors are Caught.. 1142 II. Sources of Patient Protection. 1144 III. Loyalty Through Law. 1145 IV. Developments That Are Undermining Fiduciary Protections. 1154 A. The Supreme Court Weighs In. 1154 B. Scholarly Opposition to Fiduciary Duties. 1159 C. Systems-Failure Approaches to Reducing... |
2006 |
| Clark C. Havighurst , Barak D. Richman |
Distributive Injustice(s) in American Health Care |
69-AUT Law and Contemporary Problems 7 (Autumn 2006) |
I. Introduction. 8 II. Overspending on Health Care--Who Pays? Who Benefits?. 11 A. Excessive Prices: Overpaying Providers and Suppliers. 13 1. How Health Insurance Exacerbates the Redistributive Effects of Monopoly. 14 2. Cross-subsidies: One Consequence of Providers' Insurance-Enhanced Market Power. 20 3. Innovation Incentives: Technological... |
2006 |
| Susan M. Wolf, J.D. |
Doctor and Patient: an Unfinished Revolution |
6 Yale Journal of Health Policy, Law & Ethics 485 (Summer, 2006) |
The second half of the twentieth century saw an attempt to revolutionize the doctor-patient relationship. Jay Katz's work has been pivotal. Professor Katz himself has dubbed his proposal to upend millennia of Hippocratic silence and paternalism radical. Radical it is, trading physician silence for openness even about the physician's uncertainty,... |
2006 |
| Geoffrey Christopher Rapp |
Doctors, Duties, Death and Data: a Critical Review of the Empirical Literature on Medical Malpractice and Tort Reform |
26 Northern Illinois University Law Review 439 (Summer 2006) |
I. The Value of Empirical Legal Scholarship 440 II. Literature on Medical Malpractice and Tort Reform 443 A. Literature on Malpractice and Medical Error 443 1. Medical Error 443 a. Studdert et al. (2000) 443 B. Literature on the Medical Malpractice Litigation Process 444 1. Malpractice Litigation 444 a. Black et al. (2005) 444 b. Vidmar (2005) 447... |
2006 |
| Vernellia R. Randall, JD, MSN |
Eliminating Racial Discrimination in Health Care: a Call for State Health Care Anti-discrimination Law |
10 DePaul Journal of Health Care Law 1 (Fall 2006) |
It might be that civil rights laws often go unenforced; it might be that current inequities spring from past prejudice and long standing economic differences that are not entirely reachable by law; or it might be that the law sometimes fails to reflect, and consequently fails to correct, the barriers faced by people of color. --Derrick Bell Equal... |
2006 |
| Denise Spellman |
Encouragement Is Not Enough: the Benefits of Instituting a Mandated Choice Organ Procurement System |
56 Syracuse Law Review 353 (2006) |
Introduction. 354 I. The Growing Need for Transplantable Organs. 356 II. The Evolution oF Anatomical Gift Law. 357 A. The Judicial Creation of a Quasi-Property Right in Cadavers and Recognition of Property Rights in Living Organs. 357 B. Legislating Organ Donation. 359 C. The Current System of Encouraged Donation. 361 III. Proposed Systems For... |
2006 |
| Alexandra Kalev, Frank Dobbin |
Enforcement of Civil Rights Law in Private Workplaces: the Effects of Compliance Reviews and Lawsuits over Time |
31 Law and Social Inquiry 855 (Fall, 2006) |
Has federal antidiscrimination law been effective in moving women and minorities into management? Early studies show that government affirmative action reviews improved the numbers, and rank, of blacks, but evidence of what has happened since 1980 is sparse. There is little evidence that civil rights lawsuits improved the employment status of women... |
2006 |
| Thomas E. Perez, J.D., M.P.P. |
Enhancing Access to Health Care and Eliminating Racial and Ethnic Disparities in Health Status: a Compelling Case for Health Professions Schools to Implement Race-conscious Admissions Policies |
9 Journal of Health Care Law and Policy 77 (2006) |
Our nation is more diverse than ever, and this diversity is one of our greatest strengths. This demographic transformation presents a host of challenges for the health care system. Although the American health care system is state-of-the art in so many vital respects, it remains separate and unequal for all too many communities of color. Study... |
2006 |
| Janell Smith, Rachel Spector |
Environmental Justice, Community Empowerment and the Role of Lawyers in Post-katrina New Orleans |
10 New York City Law Review 277 (Winter 2006) |
When the mainstream national environmental groups pair up with environmental justice groups that have the ability to mobilize large numbers of constituents--to get people marching and filling up those courtrooms and city council meetings--that's when you can talk about an environmental movement. Working together toward a common goal often requires... |
2006 |
| Kristin Madison |
Erisa and Liability for Provision of Medical Information |
84 North Carolina Law Review 471 (January, 2006) |
In Aetna Health Inc. v. Davila, the Supreme Court held that two individuals' suits against their respective managed care organizations (MCOs) for injuries allegedly arising from coverage denials were completely preempted by the Employee Retirement Income Security Act of 1974 (ERISA). This decision may encourage a structural separation between... |
2006 |
| Michael J. Malinowski |
Ethics in a Global Biopharmaceutical Environment |
5 Santa Clara Journal of International Law 57 (2006) |
Pharmaceuticals and biologics (biotech products) have integrated into biopharmaceuticals, sharpening the focus on genomics (gene function) and proteomics (protein function) in drug development. Moreover, the forefront of the genomics revolution has advanced: scientists now are grappling with the challenge of making medical sense out of the... |
2006 |
| Michael K. Gottlieb, M.P.H., M.Sc., M.A. |
Executions and Torture: the Consequences of Overriding Professional Ethics |
6 Yale Journal of Health Policy, Law & Ethics 351 (Summer, 2006) |
Physicians often face conflicts between their professional duty of loyalty to patients and their concomitant responsibilities to third parties. These latter responsibilities may be to family members or to other parties interested in a patient's welfare. Or they may take an economic form, as is increasingly reflected by the influence of health plans... |
2006 |
| Hon. Paul H. Anderson |
Exploring Alternatives to the Incarceration Crisis |
3 University of Saint Thomas Law Journal 375 (Spring 2006) |
Thank you, Andrea, for that very nice introduction. As many of you know, Andrea will be my law clerk next year. When the symposium's organizers were desperately searching for a last-minute replacement for a luncheon speaker, she said, I think I know someone who will do it. It would appear that Andrea is a quick study. Obviously she already... |
2006 |
| Jerry Kang , Mahzarin R. Banaji |
Fair Measures: a Behavioral Realist Revision of "Affirmative Action" |
94 California Law Review 1063 (July, 2006) |
Bias both conscious and unconscious, reflecting traditional and unexamined habits of thought, keeps up barriers that must come down if equal opportunity and nondiscrimination are ever genuinely to become the country's law and practice. -- Justice Ginsburg, dissenting in Adarand Constructors, Inc. v. Pena One thing I have learned in a long life:... |
2006 |
| Clark J. Lee |
Federal Regulation of Hospital Resident Work Hours: Enforcement with Real Teeth |
9 Journal of Health Care Law and Policy 162 (2006) |
In recent years, there has been an increase in the public's awareness of medical errors committed by hospital interns and residents who have been acutely and chronically sleep-deprived as a result of extremely long work hours. This awareness has resulted in increased public concern regarding patient safety in teaching hospitals across the United... |
2006 |
| Nola M. Ries, Timothy Caulfield |
First Pharmacogenomics, next Nutrigenomics: Genohype or Genohealthy? |
46 Jurimetrics Journal 281 (Spring, 2006) |
ABSTRACT: The authors explore key legal, ethical, and social issues in the emerging field of nutritional genomics, including challenges associated with research with human subjects, implementing genetic testing, health claims, communicating complex messages about genetics, integrating nutrigenomic knowledge into public health advice, and allocation... |
2006 |
| Angela Onwuachi-Willig |
Foreword: this Bridge Called Our Backs: an Introduction to "The Future of Critical Race Feminism" |
39 U.C. Davis Law Review 733 (March, 2006) |
I've had enough I'm sick of seeing and touching Both sides of things Sick of being the damn bridge for everybody Nobody Can talk to anybody Without me Right? I explain my mother to my father my father to my little sister My little sister to my brother my brother to the white feminists The white feminists to the Black church folks the Black church... |
2006 |
| Wendy E. Parmet , Jason A. Smith |
Free Speech and Public Health: a Population-based Approach to the First Amendment |
39 Loyola of Los Angeles Law Review 363 (May, 2006) |
It is banal, but true, to say that we live in an information age. Today, more than ever, information and the speech that conveys it are critical currencies as well as sources of wealth and influence. They help to shape the social, cultural, and political environment in which we live. They also serve as health determinants. The role of speech in... |
2006 |
| Christopher A. Bracey |
Getting Back to Basics: Some Thoughts on Dignity, Materialism, and a Culture of Racial Equality |
26 Chicana/o-Latina/o Law Review 15 (Spring 2006) |
For nearly three decades, critical theorists have worked to lay bare and disrupt the structure of racial oppression and its tragic manifestations in the lives of racial minorities. The first generation of critical theorists focused predominately on the symbolic and stigmatic features of racial subordination that undermine the ability of racial... |
2006 |
| Jonathan Kahn, J.D., Ph.D |
Harmonizing Race: Competing Regulatory Paradigms of Racial Categorization in International Drug Development |
5 Santa Clara Journal of International Law 34 (2006) |
Two powerful dynamics are at the forefront of contemporary pharmaceutical development: global outsourcing of clinical trials and pharmacogenomics. These two dynamics come together in the regulatory arena through the development of international guidelines to harmonize the production and use of clinical data involving diverse ethnic and racial... |
2006 |
| Timothy Stoltzfus Jost |
Health Courts and Malpractice Claims Adjudication Through Medicare: Some Questions |
9 Journal of Health Care Law and Policy 280 (2006) |
It is difficult not to be cynical about the current malpractice reform debate. On the side of reform, which almost always means limiting the rights of malpractice victims by curtailing remedies or erecting procedural barriers to litigation, is organized medicine, a whole coterie of business and manufacturing groups that would like also to limit... |
2006 |
| Bryan C. Banks |
High above the Environmental Decimation and Economic Domination of Eastern Kentucky, King Coal Remains Firmly Seated on its Gilded Throne |
13 Buffalo Environmental Law Journal 125 (Spring, 2006) |
Make no mistake; the heart of Appalachia has not changed that much since John F. Kennedy famously declared war on poverty during the 1960 West Virginia Presidential Primary. In early 1964 President Lyndon Johnson, grappling with visions from his own tour of Appalachia and following the concepts of Kennedy's war on poverty, spoke about finding the... |
2006 |
| Kristen Farrell |
Human Experimentation in Developing Countries: Improving International Practices by Identifying Vulnerable Populations and Allocating Fair Benefits |
9 Journal of Health Care Law and Policy 136 (2006) |
Developing countries often serve as desired locales for clinical research. The last decade witnessed a marked expansion in international health care research, especially in clinical drug and vaccine trials funded by sponsors in wealthy countries and conducted in developing nations. The target populations for clinical research in developing... |
2006 |
| Lisa C. Ikemoto |
In the Shadow of Race: Women of Color in Health Disparities Policy |
39 U.C. Davis Law Review 1023 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31025 I. The Federal Government's Role in Addressing Racism and Patriarchy in Health Care: 1940s-1970s. 1028 A. The Federal Government's Influence. 1028 B. Racism in Health Care: The Civil Rights Era. 1029 C. Patriarchy in Health Care: The Women's Health Movement and the Abortion Wars. 1031 D. Women of... |
2006 |
| Iris Halpern |
Increasing Healthcare Coverage for Women of Color in the Workplace: a Proposal for Legislative Change in Labor Law |
21 Berkeley Journal of Gender, Law & Justice 132 (2006) |
As the percentage of the medically uninsured continues to climb, the state of healthcare coverage in America has become a topic of volatile debate. The number of uninsured individuals reached 45.8 million in 2004, reaching a disconcerting one-sixth of the total population. National unemployment rates, however, continue to hover at a far lower 5%. A... |
2006 |
| U.S. Representative Elijah E. Cummings |
Introduction |
9 Journal of Health Care Law and Policy 1 (2006) |
Why do so many Americans of color die before our time? Sometimes, the answer is as plain as the color of our skin. For a society that claims to have the finest health care system in the world, disparities in the care provided to Americans of color are unacceptable. This much is generally agreed by health professionals and policy makers of both... |
2006 |
| Larry I. Palmer, LL.B |
Jay Katz: from Harms to Risks |
6 Yale Journal of Health Policy, Law & Ethics 455 (Summer, 2006) |
Jay Katz's towering presence in the scholarship on human experimentation has been a source of personal and professional inspiration. As I noted over thirty years ago in my review essay about his classic work, Experimentation with Human Beings, Jay's scholarship asks tough and penetrating questions about a truth we modern professionals hold to be... |
2006 |
| Jeffrey Swanson, Ph.D. , Scott Burris, J.D. , Kathryn Moss, Ph.D. , Michael Ullman, M.A. , Leah M. Ranney, Ph.D. |
Justice Disparities: Does the Ada Enforcement System Treat People with Psychiatric Disabilities Fairly? |
66 Maryland Law Review 94 (2006) |
The 1990 Americans with Disabilities Act (ADA) was expected to decrease discrimination against people with disabilities. However, discrimination against people with psychiatric disabilities may exist in the legal system that is charged with implementing the ADA. This study describes and compares the characteristics of people with psychiatric and... |
2006 |
| Sandra J. Carnahan |
Law, Medicine, and Wealth: Does Concierge Medicine Promote Health Care Choice, or Is it a Barrier to Access? |
17 Stanford Law and Policy Review 121 (2006) |
An unconventional form of health care is slowly, but persistently, making itself known. Over the past three years, a small but growing number of physicians have distanced themselves from the constraints of cost-conscious managed care and reduced their patient loads significantly in order to provide primary medical services to a select number of... |
2006 |
| Yousef T. Jabareen |
Law, Minority, and Transformation: a Critique and Rethinking of Civil Rights Doctrines |
46 Santa Clara Law Review 513 (2006) |
The black revolution is much more than a struggle for the rights of Negroes. It is forcing America to face all its interrelated flaws--racism, poverty, and militarism. It is exposing the evils that are rooted deeply in the whole structure of our society. It reveals systematic rather than superficial flaws and suggests that radical reconstruction... |
2006 |
| Lois E. Horton |
Lessons from African American History |
10 DePaul Journal of Health Care Law 89 (Fall 2006) |
Effective educational strategies for promoting better health among people of color can draw on the lessons of African American history and culture. Black communities faced centuries of displacement, oppression, and discrimination. These hardships often took a physical as well as an emotional toll, and African Americans developed ways of coping with... |
2006 |