AuthorTitleCitationSummaryYear
Michael Conklin LEGALITY OF EXPLICIT RACIAL DISCRIMINATION IN THE DISTRIBUTION OF LIFESAVING COVID-19 TREATMENTS 19 Indiana Health Law Review 315 (2022) In 2021, the Federal Drug Administration released a statement advocating for race and ethnicity to be used in rationing lifesaving COVID-19 treatments. By January 2022, three states had implemented policies explicitly prioritizing treatments based on race, which resulted in multiple legal challenges. This Article analyzes the uphill battle such... 2022
Melissa Murray LEGITIMIZING ILLEGITIMACY IN CONSTITUTIONAL LAW 99 Washington University Law Review 2063 (2022) The traditional constitutional law course is a staple of the first-year law school curriculum and a gateway to more advanced public law courses. In constitutional law, students are introduced to a range of topics--separation of powers, judicial review, suspect classifications, and protections for individual rights, among others. But curiously, few... 2022
Zachary Parrish LOCKED UP AND LOCKED DOWN IN THE LAND OF THE FREE: A LOOK AT THE UNITED STATES' PRISONS AND COVID-19'S DISPROPORTIONATE EFFECT ON BLACK AMERICANS' RIGHT TO HEALTH 37 American University International Law Review 391 (2022) I. INTRODUCTION. 393 II. BACKGROUND. 396 A. Racism in the United States: A Brief History. 396 i. Mass Incarceration. 396 ii. Systemic Racism. 399 B. COVID-19. 399 i. COVID-19's effect on Black Americans within prisons. 400 C. The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention). 405 i. Article 1:... 2022
McKenzi B. Baker MADE WHOLE: THE EFFICACY OF LEGAL REDRESS FOR BLACK WOMEN WHO HAVE SUFFERED INJURIES FROM MEDICAL BIAS 57 Harvard Civil Rights-Civil Liberties Law Review 321 (Summer, 2022) Kira Johnson died a preventable death when physicians at Cedars-Sinai Medical Center failed to adequately respond to hemorrhaging from what was supposed to be a routine cesarean section. After waiting twelve hours for imperative attention that could have saved her life, Kira's husband was callously told that she was just not a priority. Four hours... 2022
Rob Kahn MASKS, CULTURE WARS, AND PUBLIC HEALTH EXPERTISE: CONFESSIONS OF A MASK "EXPERT" 17 University of Saint Thomas Law Journal 900 (Spring, 2022) The arrival of COVID-19 has created a sea of change in how we view masks. As the author of an encyclopedia entry and law review article on anti-mask laws, I know this well. Over the past three months, reporters have been asking me about masks, the reluctance of Americans to wear them, and the red versus blue culture wars. This paper outlines my... 2022
Deborah R. Farringer MEDICAID EXPANSION EXPECTATIONS 124 West Virginia Law Review 821 (Spring, 2022) I. Introduction. 821 II. Background. 826 A. The Status of Rural Health. 826 B. Medicaid Expansion and Hospital Closure Risk. 831 C. Current Legislative Efforts. 834 III. Reaction to Existing Incentives and Pressures. 839 A. Political Landscape. 839 B. Impact of Medicaid Expansion. 843 IV. Argument. 845 V. Conclusion. 851 2022
Phoebe Jean-Pierre MEDICAL ERROR AND VULNERABLE COMMUNITIES 102 Boston University Law Review 327 (February, 2022) More than two decades have passed since the influential report from the Institute of Medicine, To Err Is Human. Despite the report's spotlight on medical error, the issue persists and is presently the third leading cause of death in the United States. Aside from the physical, emotional, and mental harm to patients and their families, medical error... 2022
Courtnee Melton-Fant NEW PREEMPTION AS A TOOL OF STRUCTURAL RACISM: IMPLICATIONS FOR RACIAL HEALTH INEQUITIES 50 Journal of Law, Medicine & Ethics 15 (Spring, 2022) Keywords: Racism, Preemption, Health Disparities, State Government, Local Government Abstract: Preemption is a substantial threat to achieving racial equity. Since 2011, states have increasingly preempted local governments from enacting policies that can improve health and reduce racial inequities such as increasing minimum wage and requiring paid... 2022
Simone Lieban Levine NOT A GIRL, NOT YET A WOMAN: THE LEGAL LIMBO OF BEING A PARENT BEFORE BECOMING AN ADULT 37 Berkeley Journal of Gender, Law & Justice 75 (2022) Introduction. 76 I. The Reality of Underage Pregnancy. 80 A. Babies Having Babies: Blame, Shame, and Social Policy. 81 B. Putting It in Perspective: Statistics Related to Young Parenthood. 83 1. Social Outcomes for Young Parents and Their Children. 84 2. Birth Rates According to Age and Race. 85 3. Young Parenthood and Medical Care, Poverty, and... 2022
Michal Buchhandler-Raphael OVERMEDICALIZATION OF DOMESTIC VIOLENCE IN THE NONCARCERAL STATE 94 Temple Law Review 589 (Summer, 2022) Scholars have recently cast doubt on the justifications for the criminalization of domestic violence, arguing that the criminal legal system proves inadequate in preventing future battering. Domestic violence, the argument continues, is largely a public health problem, which requires implementing noncarceral measures to effectively address it.... 2022
Jennifer Kinsley Smith, Esq, Elizabeth J. Lattner, MA, Allison Kreiner, MD, Edward J. Kilbane, MD, MA, Keyvan Ravakhah MD, MBA PANDEMIC RESPONSE THROUGH WHOLE PERSON CARE: THE INTERSECTION OF PHYSICAL AND MENTAL HEALTH AND THE LAW 31 Annals of Health Law and Life Sciences 115 (Summer, 2022) It is common in medical literature, as well as in media, to refer to a person's mental and physical health as two separate entities. However, that paradigm has been challenged in recent years as the impact of stress, commonly thought to be related primarily to mental health, has come to be recognized in downstream effects on a person's physical... 2022
Courtney Lauren Anderson POST-PANDEMIC, BUT NOT POST-RACIAL 15 Saint Louis University Journal of Health Law & Policy 221 (2022) The Fair Housing Rights Act and the Voting Rights Act have had measurable success in providing opportunities to address intentional discrimination in housing and voting contexts. Plaintiffs with evidence of direct illegalities have clear frameworks under which justice may be sought, and both Acts provide a path for relief upon violations of housing... 2022
Darryl E. Crompton PRESIDENT BIDEN'S EXECUTIVE ORDER 13995 ON COVID-19 AND HEALTH EQUITY: SEEKING JUSTICE IN A PUBLIC HEALTH CRISIS 16 Journal of Health & Life Sciences Law 8 (2022) In January 2021, President Biden signed Executive Order 13995, Ensuring an Equitable Pandemic Response and Recovery, to better serve communities of color. As part of the President's National Strategy for the COVID-19 Response and Pandemic Preparedness, the Executive Order created a Presidential COVID-19 Health Equity Task Force to address the... 2022
Pauline T. Kim RACE-AWARE ALGORITHMS: FAIRNESS, NONDISCRIMINATION AND AFFIRMATIVE ACTION 110 California Law Review 1539 (October, 2022) The growing use of predictive algorithms is increasing concerns that they may discriminate, but mitigating or removing bias requires designers to be aware of protected characteristics and take them into account. If they do so, however, will those efforts be considered a form of discrimination? Put concretely, if model-builders take race into... 2022
Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall RACIAL CAPITALISM IN THE CIVIL COURTS 122 Columbia Law Review 1243 (June, 2022) This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... 2022
Allyson Crane RACIAL DISPARITIES IN MENTAL HEALTH TREATMENT: HOW INDIANA MISSES THE MARK IN PROVIDING ACCESSIBLE AND QUALITY TREATMENT AMIDST THE CORONAVIRUS PANDEMIC 19 Indiana Health Law Review 427 (2022) Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality... 2022
Shauhin A. Talesh* RACIAL INEQUALITY, COVID-19, AND HEALTH AND UNEMPLOYMENT INSURANCE: LESSONS LEARNED AND PATHWAYS FORWARD 71 DePaul Law Review 635 (Spring, 2022) COVID-19 impacted the entire world, and the United States is no exception. In addition to pervasive death and illness, COVID-19 wreaked havoc on the U.S. economy. Many people in the United States lost their jobs, others worked remotely, and many essential workers continued working in their workplace settings at great risk to themselves. The public... 2022
Dr. Laura C. Hoffman RECONNECTING THE PATIENT: WHY TELEHEALTH POLICY SOLUTIONS MUST CONSIDER THE DEEPENING DIGITAL DIVIDE 19 Indiana Health Law Review 351 (2022) One of the critical lessons already gleaned from Covid-19 is the immense role technology can play in all aspects of our lives for everything from food shopping to healthcare access. But when technology becomes a larger part of our everyday lives, it begets a question: does everyone have access to the necessary technology? Devices such as iPads,... 2022
Elizabeth Levy RECORD OF INJUSTICE: MEDICAL RECORDS, MARGINALIZATION, AND THE CONSULTANT GAP 37 Berkeley Journal of Gender, Law & Justice 169 (2022) The ineffective use of medical records is a barrier to justice for marginalized and vulnerable clients. Medical records contain essential evidence for proving health-related legal claims. Because medical records are challenging to understand and because they convey sensitive information, lawyers in remunerative disciplines typically ensure that... 2022
Govind Persad REFORMING AGE CUTOFFS 56 University of Richmond Law Review 1007 (Symposium 2022) During his campaign for office, America's oldest president ever proposed a policy that would help adults almost twenty years younger than him: lowering the eligibility age for Medicare, the country's largest health insurance program, from 65 years old to 60 years old. This proposal went overlooked amidst higher-profile national challenges, in... 2022
René Reyes RELIGIOUS LIBERTY, RACIAL JUSTICE, AND DISCRIMINATORY IMPACTS: WHY THE EQUAL PROTECTION CLAUSE SHOULD BE APPLIED AT LEAST AS STRICTLY AS THE FREE EXERCISE CLAUSE 55 Indiana Law Review 275 (2022) This Article offers a critical comparative analysis of the Supreme Court's jurisprudence under the Free Exercise Clause and the Equal Protection Clause. In a number of recent cases, the Court has shown increasing solicitude for the rights of religious objectors and has upheld claims for exemptions from various laws--even in the absence of an intent... 2022
Kendall Lawrenz REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS 90 George Washington Law Review 1018 (August, 2022) From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... 2022
Adam Coretz REPARATIONS FOR A PUBLIC NUISANCE? THE EFFORT TO COMPENSATE SURVIVORS, VICTIMS, AND DESCENDANTS OF THE TULSA RACE MASSACRE ONE HUNDRED YEARS LATER 43 Cardozo Law Review 1641 (April, 2022) C1-2Table of Contents Introduction. 1642 I. Background. 1645 A. History of the Greenwood District and the 1921 Tulsa Race Massacre. 1645 B. History and Evolution of Public Nuisance as a Tort. 1649 C. Defining Public Nuisance at Common Law Today. 1651 D. Public Nuisance in Oklahoma. 1652 E. Tulsa Race Massacre Lawsuit. 1654 F. Race Reparations for... 2022
Martha M. Ertman REPARATIONS FOR RACIAL WEALTH DISPARITIES AS REMEDY FOR SOCIAL CONTRACT BREACH 85 Law and Contemporary Problems 231 (2022) Acute crises such as the COVID-19 pandemic and the 2008 financial meltdown exposed and exacerbated chronic racial wealth disparities. Those disparities accumulated over time as government and private actions--often involving contracts--systemically benefitted White Americans and institutions at the expense of African-Americans. This Article focuses... 2022
  RIGHT OF ACCESS TO COURTS 51 Georgetown Law Journal Annual Review of Criminal Procedure 1189 (2022) The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help inmates prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required... 2022
Ayesha Bell Hardaway RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT 55 Connecticut Law Review 179 (December, 2022) Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... 2022
Silvia M. Radulescu SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN 29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... 2022
Allyson E. Gold , Alicia Gilbert , Benjamin J. McMichael SOCIALLY DISTANT HEALTH CARE 96 Tulane Law Review 423 (February, 2022) The COVID-19 pandemic has elucidated many problems within the American health care system, chief among them the continuing access-to-care issue. Though the Affordable Care Act increased access to health insurance, the current pandemic has demonstrated that health insurance alone is not enough. Communities need access to health care providers.... 2022
Devon W. Carbado STRICT SCRUTINY & THE BLACK BODY 69 UCLA Law Review 2 (March, 2022) When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... 2022
Abigail E. Lowe, Kelly K. Dineen, Seema Mohapatra STRUCTURAL DISCRIMINATION IN PANDEMIC POLICY: ESSENTIAL PROTECTIONS FOR ESSENTIAL WORKERS 50 Journal of Law, Medicine & Ethics 67 (Spring, 2022) Keywords: Essential Workers, Emergency Preparedness, Health and Safety, Infection Prevention and Control, Anti-Racism Abstract: An inordinate number of low wage workers in essential industries are Black, Hispanic, or Latino, immigrants or refugees--groups beset by centuries of discrimination and burdened with disproportionate but preventable harms... 2022
James G. Hodge, Jr. , Erica N. White , Rebecca Freed , Nora Wells SUPREME COURT IMPACTS IN PUBLIC HEALTH LAW: 2021-2022 50 Journal of Law, Medicine & Ethics 608 (Fall, 2022) Keywords: Supreme Court, Constitution, Public Health, Reproductive Rights, Agency Deference, Vaccinations, Anti-Discrimination Abstract: In a dynamic term of the United States Supreme Court in 2021-2022 a series of critical cases raise manifold changes and impacts on individual and communal health through 10 key areas ranging from abortions to... 2022
Gabrielle Ploplis SYSTEMATIC RACISM, ABORTION AND BIAS IN MEDICINE: ALL THREADS WOVEN IN THE CLOTH OF RACIAL DISPARITY FOR MOTHERS AND INFANTS 35 Journal of Law and Health 370 (2022) C1-3TABLE OF CONTENTS I. INTRODUCTION 372 II. Legal History: Discrimination in Medical Care for Racial and Ethnic Minorities 375 III. Disparities in Health Outcomes for Black and Indigenous Women: Maternal and Infant Mortality 385 IV. Potential Causes of Racial Disparities in Maternal and Infant Mortality Rates: Why do minority communities suffers... 2022
Jordana R. Goodman SY-STEM-IC BIAS: AN EXPLORATION OF GENDER AND RACE REPRESENTATION ON UNIVERSITY PATENTS 87 Brooklyn Law Review 853 (Spring, 2022) Women and people of color have been systemically excluded from participation in science, technology, engineering, and math (STEM) fields in the United States for centuries. This inability to participate, coupled with disparate abilities to own and control property, created STEM access gaps still evident in the United States today. In the... 2022
Maytal Gilboa THE COLOR OF PAIN: RACIAL BIAS IN PAIN AND SUFFERING DAMAGES 56 Georgia Law Review 651 (Spring, 2022) For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff's race when calculating compensatory tort damages, and... 2022
Paula Natalia Barreto Parra , Vladimir Atanasov , Jeff Whittle , John Meurer , Qian (Eric) Luo , Ruohao Zhang , Bernard Black THE EFFECT OF THE COVID-19 PANDEMIC ON THE ELDERLY: POPULATION FATALITY RATES, COVID MORTALITY PERCENTAGE, AND LIFE EXPECTANCY LOSS 30 Elder Law Journal 33 (2022) Funding and Competing Interest Statement: This project was funded by the National Institutes of Health, award 3 UL1 TR001436-06S1, and was approved by the Medical College of Wisconsin Human Research Review Board. The authors have no competing interests. Keywords: COVID-19; life expectancy; COVID mortality rates. The COVID-19 pandemic has... 2022
Natalie Ram , Lance Gable , Jeffrey L. Ram THE FUTURE OF WASTEWATER MONITORING FOR THE PUBLIC HEALTH 56 University of Richmond Law Review 911 (Symposium 2022) The COVID-19 pandemic has invited dramatic investment in and expansion of wastewater surveillance. This surveillance may enable early detection of an increasing presence of COVID-19 in the community. But the same technology may simultaneously or soon be turned to other uses, including for drug interdiction, community wellness, or environmental... 2022
Wendy Netter Epstein , DePaul University College of Law, 25 E. Jackson Blvd., Chicago, IL 60604, USA THE HEALTH EQUITY MANDATE 9 Journal of Law & the Biosciences 1 (January-June, 2022) People of color and the poor die younger than the White and prosperous. And when they are alive, they are sicker. Health inequity is morally tragic. But it is also economically inefficient, raising the nation's healthcare bill and lowering productivity. The COVID pandemic only, albeit dramatically, highlights these pre-existing inequities. COVID... 2022
Aly McKnight THE HUMAN RIGHTS APPROACH TO ADDRESS BLACK MATERNAL MORTALITY: WHY POLICYMAKERS SHOULD LISTEN TO BLACK MOMS 14 Northeastern University Law Review 679 (June, 2022) This article engages critically with issues of racism, sexism, and misogynoir. It also discusses maternal and infant death. This content has the potential to affect our readers. The Northeastern University Law Review feels this topic is important to address and amplify, but we urge readers to consider their own experiences and capacity before... 2022
Joshua D. Blank , Leigh Osofsky THE INEQUITY OF INFORMAL GUIDANCE 75 Vanderbilt Law Review 1093 (May, 2022) The coexistence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as taxpayer publications, website frequently asked questions, virtual assistants, and... 2022
Loreen Peritz THE MIGHTY ROE HAS FALLEN (PROBABLY): A CALL TO ACTION AS AN ANTIDOTE TO DESPAIR 30 Journal of Law & Policy 439 (2022) Controlling Women: What We Must Do Now To Save Reproductive Freedom. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00 On December 1, 2021, the Supreme Court heard oral arguments in Dobbs v. Jackson Women's Health Organization, a case that will decide the constitutionality of pre-viability prohibitions on elective... 2022
Sarah Somers , Jane Perkins THE ONGOING RACIAL PARADOX OF THE MEDICAID PROGRAM 16 Journal of Health & Life Sciences Law 96 (2022) ABSTRACT: Medicaid, the largest public health insurance program for low-income people, has since 1965 extended health coverage to millions of people, including people of color. At the same time, is has perpetuated disparities based on race. Central in the paradox of Medicaid is that racism is baked into the program, yet it has transformed... 2022
Rachel Rebouché THE PUBLIC HEALTH TURN IN REPRODUCTIVE RIGHTS 68 Practical Lawyer 3 (Oct-22) Over the last decade, public health research has demonstrated the short-term, long-term, and cumulative costs of delayed or denied abortion care. These costs are largely imposed on people who share common characteristics: abortion patients are predominantly low-income and disproportionately people of color. Public health evidence, by establishing... 2022
Aurora J. Grutman THE RACIAL WEALTH GAP IS A RACIAL HEALTH GAP 110 Kentucky Law Journal 723 (2021-2022) Table of Contents. 723 Introduction. 724 I. Race-Based Income and Wealth Inequalities. 725 II. Race-Based Health Inequalities. 729 III. The Interrelationship of Health and Wealth. 735 Conclusion. 737 2022
Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson, Shiriki Kumanyika THE RACIALIZED MARKETING OF UNHEALTHY FOODS AND BEVERAGES: PERSPECTIVES AND POTENTIAL REMEDIES 50 Journal of Law, Medicine & Ethics 52 (Spring, 2022) Keywords: Race and Ethnicity, Food and Beverage Marketing, Targeted Marketing, Health Equity, Structural Racism Abstract: We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard... 2022
Madelyn Lehualani McKeague TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT 24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... 2022
Medha D. Makhlouf TOWARDS RACIAL JUSTICE: THE ROLE OF MEDICAL-LEGAL PARTNERSHIPS 50 Journal of Law, Medicine & Ethics 117 (Spring, 2022) Keywords: Medical-Legal Partnership, Health Equity, Structural Determinants of Health, Racism, Poverty Abstract: Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because... 2022
Teri Dobbins Baxter TRAUMATIC JUSTICE 56 University of Richmond Law Review 331 (Winter, 2022) In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were... 2022
Oliver J. Kim TSUNAMI: RECOMMITTING TO ADDRESS AAPI MENTAL HEALTH IN A POST-COVID ERA 46 Nova Law Review 370 (Winter, 2022) I. Introduction. 370 II. Overview of AAPIs in the United States. 373 III. AAPIs and Mental Health. 376 A. Stoicism as a Familiar Cultural Theme. 376 B. Identity as a Model Minority. 377 C. Prevalence of Mental Health Needs in the AAPI Community. 380 IV. The Impact of COVID-19 on The Asian American Community. 382 A. The Pandemic's Economic Impact on... 2022
Yael Cannon UNMET LEGAL NEEDS AS HEALTH INJUSTICE 56 University of Richmond Law Review 801 (Symposium 2022) In 2021, Attorney General Merrick Garland issued a call to action to the legal community. The Supreme Court had recently invalidated the nationwide eviction moratorium that was issued by the U.S. Centers for Disease Control and Prevention (CDC) in connection with the COVID-19 pandemic, and concerns were mounting about an impending tsunami of... 2022
Christopher Robertson , Boston University, Boston, USA WHAT THE HARM PRINCIPLE SAYS ABOUT VACCINATION AND HEALTHCARE RATIONING 9 Journal of Law & the Biosciences 1 (January-June, 2022) Clinical ethicists hold near consensus on the view that healthcare should be provided regardless of patients' past behaviors. In classic cases, the consensus can be explained by two key rationales--a lack of acute scarcity and the intractability of the facts around those behaviors, which make discrimination on past behavior gratuitous and... 2022
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