| Author | Title | Citation | Summary | Year |
| Michael D. Boucai |
A Legal Remedy for Homophobia: Finding a Cure in the International Right to Health |
6 Georgetown Journal of Gender and the Law 21 (2005) |
L1-2Introduction . L321 I. Homophobia as a Health Hazard. 24 A. General Observations. 24 B. Mental Health and Suicide. 26 C. Substance Abuse. 28 D. HIV/AIDS. 30 E. Inadequate Healthcare. 32 II. The International Right to Health. 34 A. Sources and Content of the Right to Health. 34 B. State Obligations under the Right to Health. 37 III. State Duties... |
2005 |
| Linda Morton |
A New Approach to Health Care Adr: Training Law Students to Be Problem Solvers in the Health Care Context |
21 Georgia State University Law Review 965 (Summer, 2005) |
Thoughtful scholars have written contemporary articles on why alternative dispute resolution (ADR) methods have not reached their potential in health care and how we might resolve this dilemma. Some advocate for a better understanding of the health care culture. Others have discussed particular ADR systems, methods, or process models that are more... |
2005 |
| Dayna Bowen Matthew |
A New Strategy to Combat Racial Inequality in American Health Care Delivery |
9 DePaul Journal of Health Care Law 793 (2005) |
Of all the forms of inequality, injustice in healthcare is the most shocking and inhumane. - Martin Luther King, Jr. The statistical and anecdotal evidence of racial inequality in American healthcare is undisputable. Since 2003 when the Institute of Medicine report entitled Unequal Treatment widely circulated a compelling body of research and... |
2005 |
| Jennifer Frericks |
A Regional Government for Fragmented St. Louis: Even the "Favored Quarter" Would Benefit |
83 Washington University Law Quarterly 361 (2005) |
In 1990, roughly three out of every four Americans lived in a metropolitan area. When a traveler is asked where she is from, she is likely to say Atlanta or Los Angeles, rather than naming either her state or the individual municipality in which she resides. Her strong identification with the metropolitan region is based on daily experience:... |
2005 |
| John Hagan , Carla Shedd |
A Socio-legal Conflict Theory of Perceptions of Criminal Injustice |
2005 University of Chicago Legal Forum 261 (2005) |
The perception of criminal injustice is common among disadvantaged American racial and ethnic minority groups. This perception of injustice is especially common among highly educated and socially and economically successful African-Americans. It is also well established that encounters between citizens and the police play an important part in such... |
2005 |
| Leslie Gielow Jacobs |
A Troubling Equation in Contracts for Government Funded Scientific Research: "Sensitive but Unclassified" = Secret but Unconstitutional |
1 Journal of National Security Law & Policy 113 (2005) |
Breakthrough science can lead both to great good and to great evil. The September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon and the anthrax letter attacks that followed highlight the fact that our enemies may use our own advanced science and technology against us. When the dissemination of scientific information might... |
2005 |
| Diane Marie Amann |
Abu Ghraib |
153 University of Pennsylvania Law Review 2085 (June, 2005) |
Seared now into memory is the image of a black-hooded figure standing atop a box. He is naked beneath the black robe that drapes outstretched arms, from which wires run to some unseen source of electricity. Digital scrapbooks of Americans' abuse of this man, and of others at Iraq's Abu Ghraib prison, became public just hours after a government... |
2005 |
| Juno Turner |
All in a Day's Work? Statutory and Other Failures of the Workers' Compensation Scheme as Applied to Street Corner Day Laborers |
74 Fordham Law Review 1521 (December, 2005) |
On a recent trip to a wealthy area of Long Island, New York, a friend admired his hostess's exquisitely manicured gardens and patio. Which contractor had she used, he wondered? Oh, no contractor! replied the hostess. I just went down to the Mexican parking lot and hired a couple of guys to do the work! This exchange illustrates the growing use... |
2005 |
| Keith Aoki |
All the King's Horses and All the King's Men: Hurdles to Putting the Fragmented Metropolis Back Together Again? Statewide Land Use Planning, Portland Metro and Oregon's Measure 37 |
21 Journal of Law & Politics 397 (Spring-Summer 2005) |
This essay begins with some general observations about the theory and practice of Regionalism as it relates to interlocal competition between local governments in the United States. It then moves on to comment on Clayton Gillette's, William Buzbee's, and Janice Griffith's contributions to this symposium. Finally, using insights gleaned from the... |
2005 |
| David A. Super |
Are Rights Efficient? Challenging the Managerial Critique of Individual Rights |
93 California Law Review 1051 (July, 2005) |
Introduction. 1053 I Individual Rights in the Adversarial, Economic, and Bureaucratic Contexts. 1061 A. Individual Rights and the Theory of the Adversary System. 1063 1. Advantages of Adversarial Procedures. 1063 a. Accuracy and Impartiality. 1065 b. Policy Innovation. 1067 c. The Integrity of the Adjudicatory Process. 1068 d. Negotiation and... |
2005 |
| Nanette R. Elster, JD, MPH |
Art for the Masses? Racial and Ethnic Inequality in Assisted Reproductive Technologies |
9 DePaul Journal of Health Care Law 719 (2005) |
According to the National Center for Health Statistics about ten percent (10%) of the population of childbearing age suffer from infertility, which is defined as the inability to conceive after one year of unprotected intercourse. Overall, the prevalence of infertility in married couples is 7.1%; in Black married couples, 10.5%; and in Hispanic... |
2005 |
| Barak D. Richman |
Behavioral Economics and Health Policy: Understanding Medicaid's Failure |
90 Cornell Law Review 705 (March, 2005) |
This Article employs a behavioral economic analysis to understand why Medicaid has failed to improve the health outcomes of its beneficiaries. It begins with a formal economic model of health care consumption and then systematically incorporates a survey of psychosocial variables to formulate explanations for persistent health disparities. This... |
2005 |
| Mexican American Legal Defense and Educational Fund (MALDEF), Americans for a Fair Chance, a project of the Leadership Conference on Civil Rights Education Fund, Equal Justice Society, Society of American Law Teachers |
Blend It, Don't End It: Affirmative Action and the Texas Ten Percent Plan after Grutter and Gratz |
8 Harvard Latino Law Review 33 (Spring, 2005) |
The Fifth Circuit's Hopwood v. Texas ruling, repudiating the diversity rationale as a compelling interest for race-conscious admissions, dramatically restricted higher education opportunities for students of color in Texas. The recent Supreme Court decision in Grutter v. Bollinger overrules Hopwood and reaffirms that student body diversity is a... |
2005 |
| Sally Chaffin |
Challenging the United States Position on a United Nations Convention on Disability |
15 Temple Political & Civil Rights Law Review 121 (Fall 2005) |
On June 18, 2003, former Assistant Attorney General for Civil Rights, Ralph Boyd, announced before the Ad Hoc Committee, charged with drafting a United Nations (UN) treaty on the rights of people with disabilities, that the United States had no expectation of becoming a party to any resulting treaty. Given the United States' history of rarely... |
2005 |
| Caryn Trombino |
Changing the Borders of the Federal Trust Obligation: the Urban Indian Health Care Crisis |
8 NYU Journal of Legislation and Public Policy 129 (2004-2005) |
Lured by the promise of jobs, education, and economic security, an estimated 100,000 to 160,000 American Indians moved off reservations and into urban areas between 1953 and 1972 via the urban relocation efforts of Commissioner of Indian Affairs Dillon Myer. Native Americans slowly but steadily migrated from rural reservations to urban areas... |
2005 |
| Maxine Eichner, J.D. |
Children, Parents, and the State: Rethinking Relationships in the Child Welfare System |
12 Virginia Journal of Social Policy and the Law 448 (2005) |
Of the many issues addressed by participants in this symposium, perhaps the most fundamental, in the sense that it underlies all the others, is the role that the state should play with respect to children's welfare. How should we construct the relationship between the state, parents, and children? What principles should guide it in a liberal... |
2005 |
| Juniper Lesnik |
Community Health Centers: Health Care as it Could Be |
19 Journal of Law and Health 1 (2004-2005) |
Introduction. 1 I. Community Health Centers. 5 II. Community Health Centers and National Health Goals. 13 III. Graduate Medical Education: Training Doctors to Fill National Health Care Needs. 20 IV. Conclusion. 37 |
2005 |
| Rose Cuison Villazor |
Community Lawyering: an Approach to Addressing Inequalities in Access to Health Care for Poor, of Color and Immigrant Communities |
8 NYU Journal of Legislation and Public Policy 35 (2004-2005) |
Luchando, creando poder popular! shouted Yorelis Vidal outside of Wyckoff Heights Medical Center (Wyckoff Hospital), a private hospital in Brooklyn, New York. On February 28, 2002, Ms. Vidal led members and supporters of Make the Road by Walking (Make the Road), a community-based organization in the Bushwick area of Brooklyn, in protesting... |
2005 |
| Camille A. Nelson |
Considering Tortious Racism |
9 DePaul Journal of Health Care Law 905 (2005) |
My own view is that we did brilliantly up until about the [19]60s and then we lost it. I think the pain of racism really hasn't been fully articulated yet. We talk about various changes and all of that, but we've underestimated the psychological damage American slavery and its legacy has wrought upon the lives of Blacks in general. The recent... |
2005 |
| Timothy Stoltzfus Jost |
Consumer-driven Health Care in South Africa: Lessons from Comparative Health Policy Studies |
1 Journal of Health & Biomedical Law 83 (2005) |
Consumer-Driven Health Care promises to be the next big thing in United States health policy. What managed care was to the 1980s and 1990s, many believe consumer-driven or consumer-directed health care will be for the next decade-a health policy panacea that will bring us lower health care costs, better quality, perhaps even better access to... |
2005 |
| Toni Lester |
Contention, Context and the Constitution: Riding the Waves of the Affirmative Action Debate |
39 Suffolk University Law Review 67 (2005) |
2003 proved to be a watershed year for the United States Supreme Court. In that year, the Court took a stand after almost twenty-four years of silence on one of the most contentious issues in the history of the United States Constitution. The issue was whether or not state universities could use race-based criteria to determine the admissibility of... |
2005 |
| Thomas W. Joo |
Corporate Hierarchy and Racial Justice |
79 Saint John's Law Review 955 (Fall 2005) |
What can advocates for racial justice learn from the study of corporate governance? The neoclassical economic analysis of law purportedly seeks to maximize social welfare. Yet mainstream corporate governance scholarship, which is dominated by neoclassical law-and-economics, tends to confine itself to maximizing shareholder welfare rather than... |
2005 |
| Michael J. Malinowski |
Could Biobanking Be a Means to Include "Health Care Have-nots" in the Genomics Revolution? |
9 DePaul Journal of Health Care Law 1005 (2005) |
The United States invests tens of billions of taxpayer dollars in basic research annually, while clinical research is financed largely by the commercial sector and with a focus on market consumption of resulting products. Populations without economic means or a loud political voice traditionally have been marginalized in clinical research,... |
2005 |
| Louise G. Trubek |
Crossing Boundaries: Legal Education and the Challenge of the "New Public Interest Law" |
2005 Wisconsin Law Review 455 (2005) |
This Article discusses contemporary legal practice and how new understandings of the law can emerge from empirical information about current approaches to legal issues. These efforts can lead to the creation of new legal institutions and new methods of legal education that respond to contemporary needs and persistent problems. Classic public... |
2005 |
| Christopher A. Bracey |
Dignity in Race Jurisprudence |
7 University of Pennsylvania Journal of Constitutional Law 669 (February, 2005) |
Dignity remains the core aspirational value in the struggle for racial justice. For Americans of African descent, the relentless demand to be treated with respect and equal humanity resonates in virtually every sector of intellectual and cultural life. The idea of dignity has been deployed consistently and consciously for more than a century to... |
2005 |
| Mary Crossley |
Discrimination Against the Unhealthy in Health Insurance |
54 University of Kansas Law Review 73 (October, 2005) |
What ends do we expect health insurance to serve in our society? This unresolved question, which one scholar aptly terms the struggle for the soul of health insurance arises today in many settings. This struggle pits a social solidarity vision of health coverage (by which insurance permits the risk of medical costs to be spread broadly across... |
2005 |
| Ian Ayres , Richard Brooks |
Does Affirmative Action Reduce the Number of Black Lawyers? |
57 Stanford Law Review 1807 (May, 2005) |
Introduction. 1807 I. Estimating the Impact of Affirmative Action on the Number of Black Lawyers. 1810 A. The White Median Tier. 1811 II. Testing the Mismatch Hypothesis. 1813 A. The Relative Tier Analysis. 1817 B. Analysis of Students Who Were Admitted to Their First Choice. 1827 C. Stereotype Threat and Lift. 1838 III. Maximizing the... |
2005 |
| Anthony E. Cook |
Encountering the Other: Evangelicalism and Terrorism in a Post 911 World |
20 Journal of Law and Religion 1 (2004-2005) |
On the Sunday following the attacks of September 11, 2001, millions of Americans crowded into churches, synagogues and mosques around the country. They came in record numbers, seeking consolation, reassurance and understanding--a framework for processing what was for most a ghastly, unprecedented and utterly incomprehensible event. The religious... |
2005 |
| Rebecca Kathryn Mason |
Expanding the Notion of "Equal Coverage": the Wisconsin Fair Employment Act Requires Contraceptive Coverage for All Employer-sponsored Prescription Drug Plans |
2005 Wisconsin Law Review 913 (2005) |
Historically, employers have treated reproductive and other female-specific health care needs as separate from basic, general health care. Female employees have consequently turned to legislative initiatives to secure legal protections to meet essential, female-specific health care needs. For example, through legislative action, Wisconsin women... |
2005 |
| Ken Gatter |
Fixing Cracks: a Discourse Norm to Repair the Crumbling Regulatory Structure Supporting Clinical Research and Protecting Human Subjects |
73 UMKC Law Review 581 (Spring, 2005) |
Research on human subjects is expanding. Government and for-profit companies devote increasing amounts of money to research involving human subjects, and the number of subjects participating in clinical trials has increased. Industry gives significant financial support to university-based clinical research. Our recent past has seen the rise of new... |
2005 |
| Julie A. Seaman |
Form and (Dys)function in Sexual Harassment Law: Biology, Culture, and the Spandrels of Title Vii |
37 Arizona State Law Journal 321 (Summer 2005) |
ABSTRACT: The question of sex difference has long divided feminists, social scientists, policymakers, and legal academics. Most recently, the issue has resurfaced as prominent legal scholars have relied on evolutionary arguments to suggest that men and women might be different in ways that are relevant to sex discrimination law in general and to... |
2005 |
| Megan K. Whyte |
From Discourse to Struggle: a New Direction in Critical Race Theory |
11 Michigan Journal of Race and Law 1 (Fall 2005) |
In 2003, Richard Delgado ignited a firestorm when he published a controversial book review critiquing the current direction of critical race theory. He charged that critical race theory has moved from its realist beginnings-- tackling issues such as interest convergence, the Supreme Court's role in legitimizing racial discrimination, and the... |
2005 |
| Jonathan Kahn |
From Disparity to Difference: How Race-specific Medicines May Undermine Policies to Address Inequalities in Health Care |
15 Southern California Interdisciplinary Law Journal 105 (Fall 2005) |
On June 23, 2005, the U.S. Food and Drug Administration (FDA) formally approved the heart failure drug BiDil to treat heart failure in self-identified black patients. The drug itself is not actually new; it is merely a combination of two generic drugs that have been used to treat heart failure for over a decade. BiDil's newness derives... |
2005 |
| Sharon H. Fischlowitz, Peter B. Knapp |
From Here to next Tuesday: the Minnesota Public Service Program, Ten Years after |
26 Hamline Journal of Public Law and Policy 223 (Spring 2005) |
Minnesota's public service program for law students is unlike any other in America. A single organization administers and coordinates the program. All four of the state's law schools participate in the program and work together cooperatively to make the program successful. Students from each of the law schools often find themselves working together... |
2005 |
| Donald Warne |
Genetics Research in American Indian Communities: Sociocultural Considerations and Participatory Research |
45 Jurimetrics Journal 191 (Winter, 2005) |
ABSTRACT: Genetics research has the potential to improve health care. American Indians (AIs) suffer from significant health disparities, including significantly higher incidence and prevalence of preventable diseases like diabetes, alcoholism, and their complications. Underfunding of health programs, including the Indian Health Service, and lower... |
2005 |
| Lawrence Singer |
Gloria Jean Ate Catfood Tonight: Justice and the Social Compact for Health Care in America |
36 Loyola University of Chicago Law Journal 613 (Winter 2005) |
Gloria Jean ate catfood tonight. It's not that Gloria Jean planned on eating catfood. She did not wake up intending to do so. Nor had she thought about it . . . much. She didn't particularly like the taste. Nor did she relish the idea of eating it again. For no matter what she did to catfood--how she prepared it (with what minimal ingredients she... |
2005 |
| André Douglas Pond Cummings |
Grutter V. Bollinger, Clarence Thomas, Affirmative Action and the Treachery of Originalism: "The Sun Don't Shine Here in this Part of Town" |
21 Harvard BlackLetter Law Journal 1 (Spring, 2005) |
In the landmark 2003 affirmative action case Grutter v. Bollinger, United States Supreme Court Justice Clarence Thomas authored a startling dissenting opinion. Grutter, for all intents and purposes, upheld the use of race as a plus factor in state university admissions decisions. Specifically, Grutter held that the University of Michigan Law... |
2005 |
| Marvin H. Lett |
Grutter, Gratz, and Affirmative Action: Why No "Original" Thought? |
1 Stanford Journal of Civil Rights & Civil Liberties 417 (August, 2005) |
Introduction. 418 I. The Michigan Cases: Race-Conscious Admissions Programs. 421 II. Originalism: The Relevance of History. 423 III. The Jurisprudence in Brown and Bakke. 428 A. Brown v. Board of Education: Inconclusive Originalism?. 428 B. Bakke: Unusable Originalism?. 430 IV. The Thirteenth and Fourteenth Amendments: Slavery, Education, and... |
2005 |
| Daniel Lublin Pollock , Natalie E. Rainer |
Healthcare Access: a Review of Major Barriers to Health Care Services for Women |
6 Georgetown Journal of Gender and the Law 825 (2005) |
I. Significant Disparities Exist in Health Care Access for Low-Income Women and Minorities. 826 A. Sources of Disparities in Access to Health Care. 827 B. Results of Disparities in Access to Health Care. 830 II. Potential Legal Remedies for Disparities in Access to Health Care. 832 A. Hill-Burton Act: A First Attempt. 832 B. The Supreme Court has... |
2005 |
| Nancy P. Spyke |
Heeding the Call: Making Sustainability a Matter of Pennsylvania Law |
109 Penn State Law Review 729 (Winter 2005) |
Sustainable development, a concept that emerged in 1987 and was globally endorsed at the 1992 Earth Summit, has largely been avoided by the law. The law's delay in assimilating policies of sustainability is frustrating. William Futrell, former president of the Environmental Law Institute and the Sierra Club, expressed his exasperation at the... |
2005 |
| Brietta R. Clark |
Hospital Flight from Minority Communities: How Our Existing Civil Rights Framework Fosters Racial Inequality in Healthcare |
9 DePaul Journal of Health Care Law 1023 (2005) |
Hope has two beautiful daughters. Their names are anger and courage; anger at the way things are, and courage to see that they do not remain the way they are. -St. Augustine On November 24, 2004, the fate of Killer King seemed undeniable. Killer King is the nickname given to the Martin Luther King Jr. Hospital, affiliated with Charles Drew... |
2005 |
| George P. Smith, II |
Human Rights and Bioethics: Formulating a Universal Right to Health, Health Care, or Health Protection? |
38 Vanderbilt Journal of Transnational Law 1295 (11/1/2005) |
Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks--foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced--and to some degree recognized under the rubric of a social or cultural entitlement within the... |
2005 |
| Jeffrey R. Dudas |
In the Name of Equal Rights: "Special" Rights and the Politics of Resentment in Post-civil Rights America |
39 Law and Society Review 723 (December, 2005) |
This article explores the character of conservative legal activism in post-civil rights America, arguing that this activism is motivated by two related factors: (1) resentment over the increased political participation of historically marginalized Americans and (2) principled allegations that these historically marginalized Americans are making... |
2005 |
| Kasey Corbit |
Inadequate and Inappropriate Mental Health Treatment and Minority Overrepresentation in the Juvenile Justice System |
3 Hastings Race and Poverty Law Journal 75 (Fall, 2005) |
In 2000, the U.S. Surgeon General's office convened a conference specifically on the topic of children's mental health. The conference set forth an overarching vision, and discussed the importance of mental health in ensuring a healthy start in life. Conference participants belabored the point that any approach to providing adequate children's... |
2005 |
| A.H. Strelnick, M.D. |
Increasing Access to Health Care and Reducing Minority Health Disparities: a Brief History and the Impact of Community Health Centers |
8 NYU Journal of Legislation and Public Policy 63 (2004-2005) |
Access to health care in the United States varies greatly from state to state and from community to community depending on a number of factors, including the number of poor, uninsured, and medically indigent people; the breadth, depth, and generosity of Medicaid to patients and providers; the local public health and private medical care systems;... |
2005 |
| Heather H. Pierce |
Increasing Access to Health Care: Methods to Address the National Crisis |
8 NYU Journal of Legislation and Public Policy 1 (2004-2005) |
This issue of Legislation and Public Policy is the result of a unique collaboration between the Journal and the New York University Health Law Society. We designed this year's symposium, Increasing Access to Health Care: Methods to Address the National Crisis, to raise awareness of the critical need for increased access to health care, create a... |
2005 |
| Evan Lyon, M.D. , Paul Farmer, M.D., Ph.D. |
Inequality, Infections, and Community-based Health Care |
5 Yale Journal of Health Policy, Law & Ethics 465 (Winter 2005) |
Advocates for better health care for the world's poor are fond of the mantra that infections know no boundaries. Part of this logic evokes the reality of our global community, connected by the easy and frequent movement of people across national borders. But this mantra is also meant as a warning, reminding those of us in wealthier nations that... |
2005 |
| Bryan A. Liang, M.D., Ph.D., J.D. |
Introduction |
36 California Western International Law Journal 1 (Fall 2005) |
This issue of the California Western International Law Journal memorializes the proceedings of the First Annual San Diego Health Policy Conference, International Drug Importation: Issues in Public Policy, Patient Safety, and the Public Health. Leaders from medicine, law, public policy, academia, and patient care groups gathered together on June... |
2005 |
| Drew S. Days, III |
Introduction: Inaugural Wiley A. Branton-howard Law Journal Symposium |
48 Howard Law Journal 817 (Spring 2005) |
It is truly a pleasure to participate in this program commemorating the fortieth anniversary of the Civil Rights Act of 1964, one of the greatest legislative achievements in American history. It also feels appropriate to me that this commemorative event is taking place at Howard University School of Law, an institution that has played an unrivaled... |
2005 |
| Andrew Askland |
Introduction: the Rise and Flourishing of Gene Databanks |
45 Jurimetrics Journal 111 (Winter, 2005) |
The convergence of two explosive forces in contemporary knowledge has fueled the proliferation of gene databanks, which are transforming biomedical research and reproductive choice. These rapid changes have also drawn attention to the problems caused by gene databanks when they are inaptly designed or inappropriately administered. The two forces... |
2005 |