| Author | Title | Citation | Summary | Year |
| Tom Miller |
Measuring Distributive Injustice on a Different Scale |
69-AUT Law and Contemporary Problems 231 (Autumn 2006) |
A comprehensive examination of distributive injustice within the U.S. health care system should move well beyond quantitative measures of differences in the flow of finances to acquire health care services. It requires a more concentrated emphasis on differences in health outcomes for lower-versus higher-income Americans and the key non-financial... |
2006 |
| Sara Rosenbaum |
Medicaid at Forty: Revisiting Structure and Meaning in a Post-deficit Reduction Act Era |
9 Journal of Health Care Law and Policy 5 (2006) |
Medicaid is a vital program.. Medicaid is a huge program.. Medicaid is in many ways the most direct involvement with the provision of medical care undertaken by either the federal government or the states.. In some ways, the Medicaid program has been phenomenally successful.. Yet Medicaid has come under increasing fire .. Its cost increases,... |
2006 |
| Rene Bowser |
Medical Civil Rights: the Exclusion of Physicians of Color from Managed Care: Business or Bias? |
4 Hastings Race and Poverty Law Journal 1 (Fall 2006) |
The United States is rapidly becoming more diverse, as demonstrated by the fact that nonwhite racial and ethnic minorities will likely constitute a majority of Americans later in this century. The representation of African Americans, Latino/as, Asian Americans, and Native Americans in medicine, however, has grown only modestly over the past 25... |
2006 |
| Frank McClellan |
Medical Malpractice Law, Morality and the Culture Wars |
27 Journal of Legal Medicine 33 (March, 2006) |
The 2004 presidential debates revealed fundamental differences among Americans about morality and social justice. Fierce fights over different views of acceptable lifestyles, morals, and social values dominated private and public debates, reflecting the intensity of the ongoing culture wars. In the political arena, the culture wars pose a... |
2006 |
| Richard S. Saver |
Medical Research and Intangible Harm |
74 University of Cincinnati Law Review 941 (Spring 2006) |
Conventional wisdom assumes that human subjects participating in medical research face significant risk of pain, disability, and death. In fact, evidence suggests that, in the aggregate, research subjects fare as well therapeutically as patients with similar conditions not participating in clinical trials. Research subjects do, however, face... |
2006 |
| Linda James Myers, Ph.D. |
Mental Health Strategies to Eliminate Health Disparities: Towards the Creation of a Climate and Culture of Optimal Health from an African (Indigenous) American Perspective |
10 DePaul Journal of Health Care Law 73 (Fall 2006) |
Many scholars and practitioners concerned about the health of all people question how best to move beyond a history of bias and mono-cultural strategies when it comes to overcoming disparities in health care between African Americans and European Americans (USDHHS, 2001). This presentation introduces the results of a multilevel, community... |
2006 |
| Gaylynn Burroughs |
More than an Incidental Effect on Foreign Affairs: Implementation of Human Rights by State and Local Governments |
30 New York University Review of Law and Social Change 411 (2006) |
Local treaty implementation is an innovative strategy that enables activists to bypass federal resistance to international human rights standards, and instead focuses on putting these standards to work right in our own communities by making local governments accountable to them. Adopted in the wake of the Second World War, the Universal... |
2006 |
| Louise G. Trubek |
New Governance and Soft Law in Health Care Reform |
3 Indiana Health Law Review 139 (2006) |
Professor Louise G. Trubek is Clinical Professor at the University of Wisconsin Law School. She teaches Health Law and Alternative Approaches to Regulation: Law and Policy. She directs the Health Law Project at the Law School that includes a health law externship program. Prof. Trubek writes extensively on health care law, regulatory reform, public... |
2006 |
| Rebecca S. Auerbach |
New York's Immediate Need for a Psychotherapist-patient Privilege Encompassing Psychiatrists, Psychologists, and Social Workers |
69 Albany Law Review 889 (2006) |
Accused of strangling his girlfriend Gloria to death, Robert Wilkins testified at trial that his girlfriend had attacked him first, causing him to suffer visible slashes on his left wrist and on his abdomen. Attempting to contradict Wilkins's allegations, the People sought to introduce the testimony of Dr. K.C. Sharma, a licensed psychologist, to... |
2006 |
| Timothy Stoltzfus Jost |
Our Broken Health Care System and How to Fix It: an Essay on Health Law and Policy |
41 Wake Forest Law Review 537 (Summer 2006) |
The health care system of the United States is in serious trouble. Nearly forty-six million Americans (15.7% of the population) lacked health insurance in 2004, the last year for which data are available, and probably more are uninsured today. A recent study by the prestigious Institute of Medicine estimated that 18,000 Americans die every year... |
2006 |
| Margareth Etienne |
Pain and Race: a New Understanding of Race-based Sentencing Disparities |
3 University of Saint Thomas Law Journal 496 (Spring 2006) |
Abstract. 497 Introduction. 497 I. The Intractable Problem of Race-Based Disparities in the Criminal Justice System and Possible Explanations. 498 A. Blacks Are Imprisoned More Because They Commit More Crimes. 499 B. The War on Drugs Impacts Blacks Disproportionately. 500 C. Extra-legal Factors that Correlate with Race. 501 D. The Reality of... |
2006 |
| Mary Shaw-Perry, Ph.D., CHES |
Perceptions and Beliefs about Type 2 Diabetes among Non-diabetic Black Women |
10 DePaul Journal of Health Care Law 51 (Fall 2006) |
Racial and ethnic disparities have existed in America since the birth of the nation. A vital part of working toward the elimination of racial and ethnic health disparities lies in understanding the lived experiences of those deemed high risk for preventable diseases such as type 2 diabetes. Few studies have explored the perceptions and beliefs that... |
2006 |
| Philip Lee, M.D , Thomas Oliver, Ph.D., M.H.A. , A.E. Benjamin, Ph.D. , Dorothy Lee |
Politics, Health Policy, and the American Character |
17 Stanford Law and Policy Review 7 (2006) |
The process of public policymaking is complex and often confusing to outside observers and inside participants alike. No single analytic scheme can explain or predict events in the policy process and their consequences. Underlying the dynamics of agenda setting and policy formulation, however, are relatively stable contextual conditions that set... |
2006 |
| Eva Lorenz |
Predictive Testing in the Workplace--could the German Model Serve as a Blueprint for Uniform Legislation in the United States? |
7 North Carolina Journal of Law & Technology 487 (Spring 2006) |
This Comment focuses on the problems associated with the use of employment-based genetic testing. Recently, the German National Ethics Council (NEC) drafted a list of recommendations to regulate the use of predictive testing in the workplace. This problem of genetic testing is not limited to Germany-- similar cases have been reported in the... |
2006 |
| Max Schanzenbach , Michael L. Yaeger |
Prison Time, Fines, and Federal White-collar Criminals: the Anatomy of a Racial Disparity |
96 Journal of Criminal Law and Criminology 757 (Winter, 2006) |
Do criminals of different races, sexes, or socio-economic status receive different sentences? If so, why? For decades, these have been among the predominant questions in the academic and political discussion of sentencing. There was at least one study of sentencing disparity conducted in the 1920s, and many other studies were undertaken over the... |
2006 |
| Thomas M. Shapiro |
Race, Homeownership and Wealth |
20 Washington University Journal of Law and Policy 53 (2006) |
Closing the racial wealth gap must be at the forefront of the civil rights agenda in the twenty-first century. This Article examines homeownership as a main policy strategy to move toward this goal. The Article opens by restating the crucial importance of closing the racial wealth gap, and offers an early assessment of this agenda. Next, the... |
2006 |
| Floyd D. Weatherspoon |
Racial Justice and Equity for African-american Males in the American Educational System: a Dream Forever Deferred |
29 North Carolina Central Law Journal 1 (2006) |
I. Introduction. 1 II. Impact of Brown on the Desegregation of Public Schools. 6 III. Re-segregation of Public Schools: A Return to Plessy. 8 IV. The Failure of Brown to Ensure Equity and Quality Education for African-American Males. 13 A. Graduation Rates. 15 B. Dropout Rates. 17 C. Disproportionate Suspensions and Expulsions. 19 D. Exclusion from... |
2006 |
| Alan Wertheimer |
Reflections on Discrimination |
43 San Diego Law Review 945 (Fall 2006) |
I. Introduction. 945 II. Discrimination. 947 A. The Rhetoric of Discrimination. 947 B. What Makes Discrimination Wrong?. 948 C. How Wrong Is Discrimination?. 951 D. Mating as Discrimination. 957 III. Reaction Qualification Revisited. 959 A. Laundering Preferences. 969 B. Public and Private. 972 C. Perfectionism. 975 I take it that my principal... |
2006 |
| Lucinda Jesson |
Reform on a Diet: America's Healthiest State Weighs in |
33 William Mitchell Law Review 357 (2006) |
I. Introduction. 357 II. The Evolution of Health Insurance in the Twentieth Century. 359 A. Creation of Private Health Insurance. 359 B. Development of Federal Health Insurance and the Growth of Health Care Spending. 361 III. Development of Health Insurance in Minnesota. 365 A. Progress Toward Universal Coverage in Twentieth-Century Minnesota. 366... |
2006 |
| Carol A. Heimer |
Responsibility in Health Care: Spanning the Boundary Between Law and Medicine |
41 Wake Forest Law Review 465 (Summer 2006) |
One hears considerable criticism of health law today, and it comes from many quarters. Apparently, health law is not doing what others expect it to do. If the work of law includes apportioning responsibility for socially consequential actions, helping settle disputes, and ensuring a fair and orderly distribution of social goods, then health law... |
2006 |
| Neil S. Calman, M.D., Maxine Golub, M.P.H., Charmaine Ruddock, M.S., Lan Le, M.P.A., Diane Hauser, M.P.A., The Action Committee of the Bronx Health REACH Coalition |
Separate and Unequal Care in New York City |
9 Journal of Health Care Law and Policy 105 (2006) |
Bronx Health REACH, a coalition of community- and faith-based groups, health care providers, and an academic institution, recently examined the causes of racial and ethnic health disparities in the southwest Bronx and identified separate systems of care for uninsured and publicly insured patients, who are predominantly people of color, and those... |
2006 |
| Camille A. Nelson |
Starting Anew: the Ada's Disability with Respect to Episodic Mental Illness |
75 Mississippi Law Journal 1039 (Spring, 2006) |
Although lay people frequently conflate a diagnosis of mental illness with the existence of a disability, these concepts should properly be separated. The inclination towards conflation might be diminished by reference to the Americans with Disabilities Act (ADA) distinction between the existence of a disability and the legal ability to recover... |
2006 |
| Ben Kusmin |
Swing Low, Sweet Chariot: Abandoning the Disinterested Witness Requirement for Advance Directives |
32 American Journal of Law & Medicine 93 (2006) |
Advances in medical technology over the past several decades have made it possible to increase life long past the point where many patients would otherwise suffer a natural death. In the past, the most common causes of death were abrupt killers such as tuberculosis, pneumonia, and injuries. Now the average American can expect to spend the final two... |
2006 |
| Megan J. Renfrew |
The 100% Federal Medical Assistance Percentage: a Tool for Increasing Federal Funding for Health Care for American Indians and Alaska Natives |
40 Columbia Journal of Law and Social Problems 173 (Winter 2006) |
The Indian Health Care Improvement Act requires the Centers for Medicare and Medicaid Services (CMS) to reimburse states for the cost of services provided to Medicaid-enrolled American Indians and Alaska Natives (AIAN) receiving care through the Indian Health Service (IHS). The Federal Medical Assistance Percentage (FMAP), the rate at which CMS... |
2006 |
| Patrick D. Carlson |
The 2004 Organ Donation Recovery and Improvement Act: How Congress Missed an Opportunity to Say "Yes" to Financial Incentives for Organ Donation |
23 Journal of Contemporary Health Law and Policy 136 (Fall, 2006) |
In the past twenty years a significant and increasing number of patients have turned to organ transplantation as a means of overcoming life-jeopardizing organ failure. While a sizeable number of individuals receive organ transplants each year, the demand for available organs exceeds the supply, as there are currently over 90,000 individuals on the... |
2006 |
| Jon Hanson, Kathleen Hanson |
The Blame Frame: Justifying (Racial) Injustice in America |
41 Harvard Civil Rights-Civil Liberties Law Review 413 (Summer, 2006) |
C1-5Table of Contents I. L2-4,T4Introduction 415 II. L2-4,T4Peculiar . Cravings . of the Human Creature 418 A. L3-4,T4The Psychology of Blame-Framing 418. B. L3-4,T4The Errors Illuminate 425. III. L2-4,T4The Confusion of Our Forebears 429 A. L3-4,T4Native Americans 429. B. L3-4,T4African American 432. 1. Justifying Separate but Unequal. 432... |
2006 |
| Juliet Stumpf |
The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power |
56 American University Law Review 367 (December, 2006) |
Prologue: Memorandum to the President-Elect. 368 Introduction. 376 I. Immigration and Criminal Law Converge. 379 A. Overlap in the Substance of the Law. 381 1. Removing noncitizen offenders. 382 2. Immigration-related criminal offenses. 384 3. Crimmigration and terrorism. 385 B. Similarities in Enforcement. 386 C. Procedural Parallels. 390 D.... |
2006 |
| Christopher A. Bracey |
The Cul De Sac of Race Preference Discourse |
79 Southern California Law Review 1231 (9/1/2006) |
I. INTRODUCTION. 1232 II. THE PEDIGREE OF CONTEMPORARY RHETORIC OPPOSING RACE PREFERENCES. 1238 A. Innocence. 1242 1. Racial Innocence Rhetoric in Modern Legal Discourse. 1246 2. The Pedigree of Racial Innocence Rhetoric. 1255 B. Merit. 1265 1. Merit Rhetoric in Modern Legal Discourse. 1268 2. The Pedigree of Merit Rhetoric. 1272 C. Stigma of... |
2006 |
| Susannah Sirkin |
The Debacle of Hurricane Katrina: a Human Rights Response |
30-WTR Fletcher Forum of World Affairs 223 (Winter, 2006) |
Hurricane Katrina cast a stark and embarrassing spotlight on a side of the United States that most Americans do not care to confront. As historians, policy analysts, government investigators, and the media assess the failings and mistakes pre-, during, and post-flood, it is worth considering the crisis from a human rights perspective. Seen from... |
2006 |
| Ruth T. Perot |
The Future of Health in Communities of Color out of Many, One |
10 DePaul Journal of Health Care Law 107 (Fall 2006) |
Winds of change are stirring and racial and ethnic health disparities have begun to appear on radar screens where policy decisions are made. For the first time ever, government and community leaders have set a date - 2010- to reach a goal of parity in health.1/ The landmark study issued in 2002 by the Institute of Medicine, Unequal... |
2006 |
| Andrea Specht |
The Government We Deserve? Direct Democracy, Outraged Majorities, and the Decline of Judicial Independence |
4 University of Saint Thomas Law Journal 132 (Summer 2006) |
Omnipotence in itself seems to me a bad and dangerous thing. . . . Therefore, when I see the right and wherewithal to do all accorded to any power whatsoever, whether it be called people or king, democracy or aristocracy, and whether it be exercised in a monarchy or a republic, I say, therein lies the seed of tyranny, and I seek to live elsewhere,... |
2006 |
| Christine Jolls , Cass R. Sunstein |
The Law of Implicit Bias |
94 California Law Review 969 (July, 2006) |
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently... |
2006 |
| Kevin R. Johnson |
The Legacy of Jim Crow: the Enduring Taboo of Black-white Romance |
84 Texas Law Review 739 (February, 2006) |
Over the last one hundred years, racial equality has made momentous strides in the United States. State-enforced segregation ended. Slowly but surely, the nation dismantled Jim Crow. As part of that dismantling, the Supreme Court struck down bans on interracial marriage, which were popular in many states. Interracial relationships have increased... |
2006 |
| Linda C. Fentiman |
The New "Fetal Protection": the Wrong Answer to the Crisis of Inadequate Health Care for Women and Children |
84 Denver University Law Review 537 (2006) |
In 1999, Regina McKnight, a homeless, mentally retarded woman who was pregnant and addicted to cocaine, was charged with murder when her child was stillborn. The South Carolina Supreme Court affirmed her murder conviction and upheld the twenty-year sentence imposed. In 2002, a severely mentally disabled woman became pregnant after being raped by... |
2006 |
| Debra Roter, Dr.P.H. |
The Patient-physician Relationship and its Implications for Malpractice Litigation |
9 Journal of Health Care Law and Policy 304 (2006) |
A recent special issue of the Journal of General Internal Medicine has introduced a new model of medical practice termed Relationship-centered care (RCC). RCC is based upon four guiding principles: (1) that relationships in health care ought to include the personhood of the participants, (2) that affect and emotion are important components of... |
2006 |
| Laura D. Hermer |
The Scapegoat: Emtala and Emergency Department Overcrowding |
14 Journal of Law & Policy 695 (2006) |
There is one method of accessing healthcare in the United States that is available to each and every person therein, regardless of citizenship, wealth, race, ethnicity, gender, or insurance status. Under the Emergency Medical Treatment and Active Labor Act (EMTALA), most hospitals with an emergency department (ED) are obliged under federal law to... |
2006 |
| Samuel R. Bagenstos |
The Structural Turn and the Limits of Antidiscrimination Law |
94 California Law Review 1 (January, 2006) |
Although we often think of the notion of institutional racism or sexism as a recent development, in fact the idea has been around for a long time. Many of the original drafters of the Civil Rights Act of 1964 expressed a desire to address what Senator Humphrey called the many impersonal institutional processes which nevertheless determine the... |
2006 |
| Philip C. Aka |
The Supreme Court and Affirmative Action in Public Education, with Special Reference to the Michigan Cases |
2006 Brigham Young University Education and Law Journal 1 (2006) |
I. Introduction. 2 II. From Civil Rights to Affirmative Action: The Role of the Supreme Court in the Development of Affirmative Action Policies in America. 13 A. The Supreme Court as a Policymaking Institution. 14 B. The Supreme Court and the Zig-Zags of African American Civil Rights from Dred Scott to Brown v. Board of Education. 16 1.... |
2006 |
| James M. Grijalva |
The Tribal Sovereign as Citizen: Protecting Indian Country Health and Welfare Through Federal Environmental Citizen Suits |
12 Michigan Journal of Race and Law 33 (Fall 2006) |
INTRODUCTION. 33 I. Tribal Governmental Roles in the Federal Environmental System. 34 II. Tribal Enforcement of Federal Environmental Laws Through Citizen Suits. 38 A. Tribes' Eligibility for Bringing Citizen Suits. 39 1. Tribes as Persons Under the Environmental Statutes. 39 2. Tribes' Standing to Sue Violators. 40 3. Other Procedural Issues. 41... |
2006 |
| Ellen Wright Clayton, M.D, J.D. |
The Web of Relations: Thinking about Physicians and Patients |
6 Yale Journal of Health Policy, Law & Ethics 465 (Summer, 2006) |
Like the other contributors to this symposium, I owe a profound debt to Jay Katz for his intellectual rigor, his gentle but firm Socratic pedagogy, and his unparalleled generosity of time and friendship. I first met Jay during my last year of law school when, at the urging of friends, I enrolled in his seminar on informed consent. By that time, he... |
2006 |
| Emily M.S. Houh |
Toward Praxis |
39 U.C. Davis Law Review 905 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L3907 I. Foundations and Aspirations of the Good Faith Antidiscrimination Claim. 908 A. Carbado and Gulati's Working Identity Theory. 909 B. The Need for the Publicization of Private Law. 912 II. The Elements of the Good Faith Antidiscrimination Claim: Operationalizing Working Identity Theory. 919 A.... |
2006 |
| Michael D. Ruel |
Using Race in Clinical Research to Develop Tailored Medications |
27 Journal of Legal Medicine 225 (June, 2006) |
Is there a useful purpose for race-based pharmaceutical trials? The answer to that question, more often than not, will depend on one's definition of race. African Americans face the health care system with anxiety, fear, and disaffection. With the United States Food and Drug Administration (FDA) approving BiDil, a new heart failure medication... |
2006 |
| Robert S. Peck |
Violating the Inviolate: Caps on Damages and the Right to Trial by Jury |
31 University of Dayton Law Review 307 (2006) |
The false belief that juries seek to redistribute wealth through verdicts that demonstrate little regard for a lawsuit's merits, coupled with the idea that complicit judges refuse to restrain those juries, comprise the processional music of the tort reform movement. Notwithstanding the discordant notes that reality strikes against this misleading... |
2006 |
| Dr. Gege Dimond, Edited by Lorraine Cronk, MA |
Weaving the Tapestry of Healthier Cultures |
10 DePaul Journal of Health Care Law 97 (Fall 2006) |
Are the health care issues in the United States really so unique that we cannot come up with solutions? There have been many theories and many approaches made to solve the problems--providing what is considered adequate care within acceptable business parameters. Truthfully, there has been a sociological influence on medical reform for years. A... |
2006 |
| Cheryl I. Harris |
Whitewashing Race: Scapegoating Culture |
94 California Law Review 907 (May, 2006) |
The images of the suffering that washed over New Orleans in the wake of Hurricane Katrina seemed to provide incontrovertible evidence of the significance of race and persistence of racial inequality in contemporary U.S. society. The simple fact that the faces of those left to fend for themselves or die were overwhelmingly Black challenged the... |
2006 |
| Hannibal Travis |
Wi-fi Everywhere: Universal Broadband Access as Antitrust and Telecommunications Policy |
55 American University Law Review 1697 (August, 2006) |
Introduction. 1698 I. The Development and Market Structure of the Broadband Industry. 1705 A. Broadband Access in its Historical Context. 1705 B. From Dial-Up to Broadband Internet Access. 1711 C. Natural Monopoly and Network Industry Characteristics of Broadband. 1715 D. The Lack of Effective Competition in Many Broadband Markets. 1720 II.... |
2006 |
| Christina Cole |
Women and the Fda: Remedying the past and Preserving the Future |
7 Houston Journal of Health Law & Policy 127 (Fall 2006) |
I. Introduction. 127 II. A Look at the Past, Present, and Future. 130 A. Past Problems: An Historical Overview of FDA Regulations and the Problems They Caused for Women. 130 B. Present Problems: The Problems Women Face Today Under Current FDA Regulations. 135 III. Recognizing Past Misconceptions. 138 A. Sex Matters: Medical Differences Between Men... |
2006 |
| Imani Ma'at, K.A. Harris, G.A. Ogden, P. Rodney |
Y.e.s. 4 Health: a Peer Education Approach to Prevention of Diabetes in African American Adolescents |
10 DePaul Journal of Health Care Law 113 (Fall 2006) |
Youth Educational Services 4 Health, Inc. (Y.E.S.) was created in 2002 in response to a need in Atlanta, Georgia where, as in many other cities in the country, chronic diseases are disproportionately impacting African American communities. Major health risks for urban youth and youth of color include: obesity, diabetes (the first Y.E.S. health... |
2006 |
| Angela Hooton |
A Broader Vision of the Reproductive Rights Movement: Fusing Mainstream and Latina Feminism |
13 American University Journal of Gender, Social Policy and the Law 59 (2005) |
Introduction. 59 I. Background. 61 A. The Mainstream Reproductive Rights Movement. 61 B. Critiques by Women of Color. 65 II. Reproductive Rights: The Latina Perspective. 69 A. A History of Limited Choices. 69 B. Reproductive Health and Rights Issues Facing Latinas Today. 72 C. Shortcomings of the Mainstream Movement in Addressing the Needs of... |
2005 |
| Wolfgang Schürer |
A Geopolitical and Geo-economic Overview: on the Rise of China and India as Two Asian Giants |
29-SUM Fletcher Forum of World Affairs 145 (Summer, 2005) |
China and India are transforming the politics and economics of the entire world. They are two of the global economy's emerging stars. This is not news. But the breathtaking scale, scope, pace, and interconnectedness of these dynamics make imperative a change in all attempts to chart perspectives for the world economy. Moreover, an understanding of... |
2005 |