| Author | Title | Citation | Summary | Year |
| Ruqaiijah Yearby |
Is it Too Late for Title Vi Enforcement? - Seeking Redemption of the Unequal United States' Long Term Care System Through International Means |
9 DePaul Journal of Health Care Law 971 (2005) |
Segregation is the adultery of an illicit intercourse between injustice and immorality. Reverend Dr. Martin Luther King, Jr. Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with... |
2005 |
| Joseph P. Tomain |
Junk Economics Review of Priceless: on Knowing the Price of Everything and the Value of Nothing. By Frank Ackerman & Lisa Heinzerling. W.w. Norton & Co., 2004. 277 Pages |
93 Georgetown Law Journal 689 (January, 2005) |
Where is the wisdom we have lost in knowledge? Where is the knowledge we have lost in information? T. S. Eliot Definition: Cost-benefit analysis is a method for deciding whether to invest in one or more competing public projects. Executive Branch agencies are interested in making a $400 billion investment in a foreign country. Their interest is... |
2005 |
| Mary L. Clark |
Keep Your Hands off My (Dead) Body: a Critique of the Ways in Which the State Disrupts the Personhood Interests of the Deceased and His or Her Kin in Disposing of the Dead and Assigning Identity in Death |
58 Rutgers Law Review 45 (Fall 2005) |
This Article introduces a critique of the ways in which the state's exercise of authority to govern the disposition of the dead can disrupt fundamental personhood interests of the deceased and his or her kin in burying the dead and assigning identity in death. In Part I, I focus on the state's use of power to shape (or constrain) ideas of honor and... |
2005 |
| Kim Forde-Mazrui |
Learning Law Through the Lens of Race |
21 Journal of Law & Politics 1 (Winter 2005) |
In the spring of 2003, the University of Virginia community was shocked by a racially motivated assault on a prominent student leader. The crime generated an immediate and powerful response from the university community. At the law school, there was an outpouring of not only concern and outrage, but also creative dialogue and proposals for ways to... |
2005 |
| Christopher Capozzola |
Life and Limb: Pain, Capitalism, and Citizenship in Industrializing America Review of the Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law. By John Fabian Witt. Harvard University Press, 2004. 322 Pages |
93 Georgetown Law Journal 2037 (August, 2005) |
Suffering is unpleasant, wrote a Union surgeon in 1864, but, if one must suffer, it is better to do so in a good cause: therefore I had rather have my leg blown off by a rebel shell, than crushed by a locomotive, or bitten off by a crocodile. In ranking his preferences, the anonymous military surgeon articulated political choices as much as... |
2005 |
| Tanya Washington |
Loving Grutter: Recognizing Race in Transracial Adoptions |
16 George Mason University Civil Rights Law Journal 1 (Winter, 2005) |
When I was growing up, my dad, whom I love very much, would say things that would imply that I was white and he would call me white as well, which made me pretty confused. Within the house it made me feel happy because it was a kind of acceptance, you belong to this family, society and everything else. Then I would go out and [experience] some... |
2005 |
| Cait Clarke, James Neuhard |
Making the Case: Therapeutic Jurisprudence and Problem Solving Practices Positively Impact Clients, Justice Systems and Communities They Serve |
17 Saint Thomas Law Review 781 (Spring 2005) |
Therapeutic Jurisprudence, which stems from the legal academy, and problem solving lawyering, which stems from practitioners, are two fields benefiting from assimilation. Increasingly, criminal defense advocates engage in interdisciplinary outreach, team-based advocacy, integrated service models of lawyering and creative arraignment advocacy to... |
2005 |
| Carwina Weng |
Multicultural Lawyering: Teaching Psychology to Develop Cultural Self-awareness |
11 Clinical Law Review 369 (Spring 2005) |
Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client's culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to... |
2005 |
| Siddharth Khanijou |
Multifetal Pregnancy Reduction in Assisted Reproductive Technologies: a License to Kill? |
8 DePaul Journal of Health Care Law 403 (AMA Special Issue 2005) |
Assisted reproductive technology (ART) has existed for over twenty-five years. During this time, the technology has allowed many couples that suffer from infertility -- generally defined as an inability to conceive despite regular and unprotected intercourse for 1 year -- to experience the joys of parenthood. In 2002, the 115,392 ART cycles... |
2005 |
| Valerie Jablow |
New Data Tells an Old Story of Disparities in Health Care |
41-NOV Trial 12 (November, 2005) |
Despite awareness in the health care industry and the government of long-standing differences in medical care along racial lines, three studies in the August 18, 2005, edition of the New England Journal of Medicine demonstrate that gaps still exist between the quality of health care that African-Americans receive and the quality of care afforded to... |
2005 |
| Dana L. Gold |
New Strategies for Justice: Linking Corporate Law with Progressive Social Movements an Introduction |
4 Seattle Journal for Social Justice 225 (Fall/Winter 2005) |
The large corporation has become the dominant institution of our time. Increasingly, academics, lawyers, and activists dedicated to preventing injustice in its many formsrace discrimination, gender inequality, environmental degradation, health and safety risks, extreme wealth disparities, and threats to political and workplace democracyare... |
2005 |
| Corinne A. Carey |
No Second Chance: People with Criminal Records Denied Access to Public Housing |
36 University of Toledo Law Review 545 (Spring 2005) |
You deserve a chance, no matter what you did.... It's done and over with, it's in the past. I'm tryin' to do the right thing; I deserve a chance. Even if I was the worst criminal, I deserve a chance. Everybody deserves a chance. -- P.C., a forty-one-year-old African American mother denied housing because of a single arrest four years prior to her... |
2005 |
| Barbara J. Flagg |
Of Hearts and Minds |
19 Washington University Journal of Law and Policy 129 (2005) |
Whitewashing Race is a collaborative project motivated by a concern over the persistence of racial inequality in this country and a desire to respond to a conservative consensus that represents the problem of race as solved and advocates the adoption of colorblind social policies. Thus the authors set out to contest conceptions of race and... |
2005 |
| Simone A. Rose |
On Purple Pills, Stem Cells, and Other Market Failures: a Case for a Limited Compulsory Licensing Scheme for Patent Property |
48 Howard Law Journal 579 (Winter 2005) |
We must always remember that access to medicines is a right, not something that should be determined by charity or subsidies for the poorest of the poor. Access to medicines and other healthcare goods and services should be assured through programs that are consistent with the framework of intellectual property and market-based incentives... |
2005 |
| Lainie Rutkow |
Optional or Optimal?: the Medicaid Hospice Benefit at Twenty |
22 Journal of Contemporary Health Law and Policy 107 (Fall, 2005) |
After a two-year battle, Jane's doctors believed that breast cancer had left her with monthspossibly only weeksto live. Her body was weak, and she was in constant pain. Jane felt fortunate that her health insurer, Medicaid, covered her time in the hospital. She knew she was dying and she wanted to spend her final weeks at home, with her family.... |
2005 |
| Nancy K. Ota |
Paper Daughters |
12 Washington and Lee Journal of Civil Rights and Social Justice 41 (Fall, 2005) |
Race relations in the United States are rooted in the history of slavery, which is predominantly though not exclusively a history of white slave owners and black slaves. Discussion of the history of American race relations inevitably focuses on the Black/White Paradigm epitomized first by slavery, the Civil War and then emancipation, the... |
2005 |
| Michael B. Losow, Esq. |
Personalized Medicine & Race-based Drug Development: Addressing Minority Health Care Disparities in an Ethically Charged Area |
20 Saint John's Journal of Legal Commentary 15 (Fall 2005) |
Thank you. I would like to start by saying that any of the nice slides you see in here I owe directly to Doctor Francis Collins, who has just recently done a similar speech and lent me his slide show. One of the things you learn in law school is that you are supposed to be prepared, but, as you see, as I go through the slides that I put together,... |
2005 |
| Timothy Caulfield, LL.B., LL.M. |
Popular Media, Biotechnology, and the "Cycle of Hype" |
5 Houston Journal of Health Law & Policy 213 (2005) |
There is growing concern about the potential adverse social implications of stories in the popular press that inappropriately hype biotechnology. This concern is understandable. The media has emerged as an important, perhaps the most important, vehicle for communicating science issues to the general public. Moreover, the media can play a critical... |
2005 |
| David Loughnot |
Potential Interactions of the Orphan Drug Act and Pharmacogenomics: a Flood of Orphan Drugs and Abuses? |
31 American Journal of Law & Medicine 365 (2005) |
To overcome the unattractiveness of small markets, the United States government provides financial aid and incentives for drug manufacturers to create cures for rare diseases under the Orphan Drug Act (the Act). Recent research integrating genetic information and pharmacology holds promise for creating more effective drugs targeted at smaller... |
2005 |
| Philip Tegeler |
Race and Housing Rights in the United States: the View from Baltimore |
32-SUM Human Rights 4 (Summer, 2005) |
The debate over the right to housing in the United States remains inseparable from our conflicts over the role of race in shaping metropolitan areas. Almost forty years ago, in March 1968, the Kerner Commission identified the ghetto as a driving force in American racial inequality, separating low-income families of color from the mainstream of... |
2005 |
| Lisa C. Ikemoto |
Race to Health: Racialized Discourses in a Transhuman World |
9 DePaul Journal of Health Care Law 1101 (2005) |
We are at an interesting moment in biomedicine. After a long absence as a legitimate subject of scientific inquiry, race is back. Science had long been used to support institutionalized racial hierarchy in the U.S. and Europe. Notions of biological race or inherent race-based biological differences have been used to justify war, slavery, harmful... |
2005 |
| Pilar N. Ossorio |
Race, Genetic Variation, and the Haplotype Mapping Project |
66 Louisiana Law Review 131 (December, 2005) |
We have heard an overview of the Haplotype Mapping Project (HapMap Project) and about the Project's sampling strategy. During its first phase, the Project will collect and analyze samples from 270 people. One group from whom samples will be collected is the Yoruba people living in Nigeria. The Yoruba are members of a tribal and language group.... |
2005 |
| Timothy Stoltzfus Jost |
Racial and Ethnic Disparities in Medicare: What the Department of Health and Human Services and the Centers for Medicare and Medicaid Services Can, and Should, Do |
9 DePaul Journal of Health Care Law 667 (2005) |
The fact of the existence of racial disparities in health and in health care in the United States is clear beyond dispute. The Institute of Medicine's (IOM) 2003 report, Unequal Treatment: Confronting Racial and Ethnic Disparities in Healthcare, is only the best known and most comprehensive description of the problem. White males live on average... |
2005 |
| Sharona Hoffman |
Racially-tailored Medicine Unraveled |
55 American University Law Review 395 (December, 2005) |
Introduction. 396 I. Race-Based Research and Therapeutic Practices. 400 A. The Story of BiDil. 400 B. Race-Based Research. 403 C. A Growing Interest in Race-Based Medicine: Why Now?. 406 II. Does Race Mean Anything?. 410 A. Race in the Medical and Social Sciences. 410 B. Race and the Law. 416 C. Shifting the Focus Away from Race . 418... |
2005 |
| Bryan K. Fair |
Re(caste)ing Equality Theory: Will Grutter Survive Itself by 2028? |
7 University of Pennsylvania Journal of Constitutional Law 721 (February, 2005) |
When legal historians examine the rise and fall of the United States, undoubtedly one of the major questions will be why an allegedly great nation would close off effective educational opportunities to so many of its citizens, rendering those educational outsiders at sea, with little ability to compete for global opportunities. Is racism too... |
2005 |
| Siddharth Khanijou |
Rebalancing Healthcare Inequities: Language Service Reimbursement May Ensure Meaningful Access to Care for Lep Patients |
9 DePaul Journal of Health Care Law 855 (2005) |
The demographic landscape of the United States has changed dramatically over the last thirty years. Today, more than 34 million Americans are foreign born, and nearly 50 million people speak a language other than English at home. In eight states, the percentage of persons that speak a different language at home is significantly greater than the... |
2005 |
| Philip Kretsedemas |
Reconsidering Immigrant Welfare Restrictions: a Critical Review of Post-keynesian Welfare Policy |
16 Stanford Law and Policy Review 463 (2005) |
INTRODUCTION. 463 I. THE POLICY CONTEXT FOR IMMIGRANT SERVICE RESTRICTIONS. 464 II. IMMIGRANT SERVICE USE AFTER THE 1996 REFORM LAWS. 468 A. Language Barriers & Immigrant Welfare Recipients. 470 B. Immigrant Medicaid Enrollments After Welfare Reform. 472 C. Immigration Enforcement, Labor Markets & Welfare Policy. 474 CONCLUSION. 477 |
2005 |
| Phoebe Weaver Williams |
Reflections on Wisconsin's Brown Experience |
89 Marquette Law Review 1 (Fall 2005) |
Numerous academic, civic, legal, and media organizations designated the year 2004, the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education, as an appropriate time to commemorate the Supreme Court's decision. Reviews of the considerable commentary generated by Brown's fiftieth anniversary suggest that the occasion has... |
2005 |
| Paul C. Weiler |
Reforming Medical Malpractice in a Radically Moderate--and Ethical-- Fashion |
54 DePaul Law Review 205 (Winter 2005) |
The major focus of tort reform battles in both state and federal legislatures has long been medical malpractice. Thus, after the 2002 election put his Republican Party in charge of both branches of Congress, President George W. Bush presented their favorite brand of malpractice reform, a legal cap on pain and suffering damages to injured patients.... |
2005 |
| Laura Beth Nielsen , Robert L. Nelson |
Rights Realized? An Empirical Analysis of Employment Discrimination Litigation as a Claiming System |
2005 Wisconsin Law Review 663 (2005) |
Forty years after the passage of the Civil Rights Act of 1964, the foundation of contemporary employment discrimination law is subject to unprecedented attack. On one hand, critics of the current system from the employer perspective argue that the system is overexpansive, fostering frivolous claims in a context of steadily improving rights... |
2005 |
| Catherine J. Jones |
Say What? How the Patient Self-determination Act Leaves the Elderly with Limited English Proficiency out in the Cold |
13 Elder Law Journal 489 (2005) |
The Patient Self-Determination Act requires all health care facilities that receive state funds to provide patients with written information regarding advance directives. The legislation, however, fails to address the provision of such materials for patients with limited English proficiency. In this note, Catherine Jones examines how federal and... |
2005 |
| Myron Orfield |
Segregation and Environmental Justice |
7 Minnesota Journal of Law, Science & Technology 147 (December, 2005) |
Serious examination of the negative impacts of environmental racism must include an examination and understanding of racial segregation and its consequences. In this article, I address the role that racial segregation and concentrated poverty play in perpetuating and intensifying racial disparities in health. I define segregation and concentrated... |
2005 |
| Sean B. Seymore |
Set the Captives Free! Transit Inequity in Urban Centers, and the Laws and Policies Which Aggravate the Disparity |
16 George Mason University Civil Rights Law Journal 57 (Winter, 2005) |
Transportation inequity is deeply rooted in American history. In 1896, the Supreme Court held that maintaining separate but equal railroad cars for black train passengers was constitutional. The Plessy decision laid the foundation for segregated rail and bus transportation in the Jim Crow South. Although the desegregation cases and Title VI of... |
2005 |
| Jerome A. Singh , Michelle Govender , Nilam Reddy |
South Africa a Decade after Apartheid: Realizing Health Through Human Rights |
12 Georgetown Journal on Poverty Law and Policy 355 (Fall, 2005) |
April 2004 marked the tenth anniversary of multi-racial democracy in South Africa. Yet South Africa's healthcare system is still characterized by a first world/third world dichotomy--one experienced by the rich and predominantly white, and the other by the poor and predominantly black. This is an apt juncture to appraise how human rights,... |
2005 |
| Peter Manus |
Sovereignty, Self-determination, and Environment-based Cultures: the Emerging Voice of Indigenous Peoples in International Law |
23 Wisconsin International Law Journal 553 (Fall 2005) |
Indigenous peoples' collective right to their land and territories is the most controversial of all human rights issues. . . . Control over indigenous lands, water and resources is also by far the issue that gives rise to most violent conflicts and to human rights violations committed by governments, police, mining companies, logging companies,... |
2005 |
| Helen Norton |
Stepping Through Grutter's Open Doors: What the University of Michigan Affirmative Action Cases Mean for Race-conscious Government Decisionmaking |
78 Temple Law Review 543 (Fall 2005) |
In Grutter v. Bollinger and Gratz v. Bollinger, the Supreme Court added to the very short list of interests considered sufficiently compelling to justify government's race-based decisionmaking. In these decisions, a majority of the Court identified a forward-looking or instrumental justification as compelling--specifically, the University of... |
2005 |
| Martina E. Cartwright |
Superfund: It's No Longer Super and it Isn't Much of a Fund |
18 Tulane Environmental Law Journal 299 (Summer 2005) |
I. Introduction. 300 II. CERCLA: History and Background. 301 A. Love Canal. 301 B. Who and How Much. 303 C. Liability, PRPs, and the Trust Fund. 305 III. Emerging Controversy: Superfund and the First Reagan Administration. 309 IV. Superfund Amendment and Reauthorization Act of 1986. 312 V. Superfund and the First Bush Administration. 314 VI.... |
2005 |
| Koen Lenaerts |
The Constitution for Europe: Fiction or Reality? |
11 Columbia Journal of European Law 465 (Summer, 2005) |
The perspective of the biggest enlargement in EU history--so far and probably forever--prompted the Member States to reassess the Union's working and decision-making procedures. The seeds of the Constitution go further back, however, to the aftermath of the Maastricht Treaty and the expressions of hostility or indifference that occurred in the... |
2005 |
| Andrea N. Johnson |
The Federal Psychotherapist-patient Privilege, the Purported "Dangerous Patient" Exception, and its Impact on African American Access to Mental Health Services |
48 Howard Law Journal 1025 (Spring 2005) |
Jaffee v. Redmond was no exception to the proposition that when the Supreme Court considers an issue, the resulting decision will have a far-reaching impact, which, at the time of the decision, may not have been within the contemplation of the Justices. In 1996, when the Supreme Court granted certiorari to hear Jaffee, there was no consensus among... |
2005 |
| Katherine Culliton |
The Impact of Alcohol and Tobacco Advertising on the Latino Community as a Civil Rights Issue |
16 Berkeley La Raza Law Journal 71 (Fall 2005) |
The impact of alcohol and tobacco advertising on the Latino community is a health issue, and as this paper will discuss, also a civil rights issue. Tobacco and alcohol use have not always been viewed in this way. For example, during the Prohibition Era of the 1920's, alcohol abuse was considered a moral issue. Attitudes in this country towards... |
2005 |
| James G. Hodge, Jr. , Lance A. Gable , Stephanie H. Cálves |
The Legal Framework for Meeting Surge Capacity Through the Use of Volunteer Health Professionals During Public Health Emergencies and Other Disasters |
22 Journal of Contemporary Health Law and Policy 5 (Fall, 2005) |
I. Introduction II. Volunteer Health Professionals In Public Health Emergencies and Other Disasters A. Traditional Modes of Volunteer Deployment in Public and Private Sectors 1. Government Deployment of VHPs 2. Private Sector Deployment of VHPs 3. Spontaneous Volunteers B. Limitations of Existing Deployments of VHPs C. ESAR-VHP: Addressing the... |
2005 |
| Gerard J. Clark |
The Michigan Affirmative Action Cases: a Critical Essay |
30 Oklahoma City University Law Review 1 (Spring 2005) |
In the two University of Michigan affirmative action cases in June of 2003, the Supreme Court closely examined the practices and methodologies used by the respective admissions offices. In finding diversity as an acceptable admissions goal, the Court approved a flexible assessment plan used by the law school but disapproved a point assignment plan... |
2005 |
| David L. Chambers , Timothy T. Clydesdale , William C. Kidder , Richard O. Lempert |
The Real Impact of Eliminating Affirmative Action in American Law Schools: an Empirical Critique of Richard Sander's Study |
57 Stanford Law Review 1855 (May, 2005) |
Introduction. 1856 I. The Effects of Ending Affirmative Action on the Production of African American Attorneys. 1859 A. The Effects on Law School Applications, Admissions, and Matriculation. 1859 1. Sander's projections are based on 2001 data, which does not reflect current trends. 1860 2. Sander overestimates the numbers of African Americans who... |
2005 |
| David N. Heard, Jr. |
The Specialty Hospital Debate: the Difficulty of Promoting Fair Competition Without Stifling Efficiency |
6 Houston Journal of Health Law & Policy 215 (Fall 2005) |
I. Introduction. 216 II. Background. 217 A. The Advent of the Specialty Hospital. 217 B. How Specialty Hospitals Differ from Their Competitors. 219 III. Discussion and Analysis. 222 A. The Recent Moratorium on Physician Investment in Specialty Hospitals. 223 B. How Hospitals Were Dealing with the Problem Before the Moratorium. 224 C. Self Referral... |
2005 |
| Dennis N. Ryan , Suzanne B. Campbell |
The Touchstone for Expert Testimony |
33 The Advocate (Texas) 23 (Winter, 2005) |
Who can ever forget the last scene of the motion picture The Good Earth? Paul Muni saved the crop and his own soul by beating back a plague of locusts. We trial lawyers now have our ordeal. We must learn how to survive the swarm of experts descending upon the courthouses. AS TEXAS LITIGATORS KNOW, where there's an expert, there's inevitably... |
2005 |
| Kevin Outterson |
Tragedy and Remedy: Reparations for Disparities in Black Health |
9 DePaul Journal of Health Care Law 735 (2005) |
The Tragedy of American health care is the stubborn persistence of disparities in Black health, 140 years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social... |
2005 |
| Mary Daniel |
Tribal Dna: Does it Exist, and Can it Be Protected? |
30 Oklahoma City University Law Review 431 (Summer 2005) |
Imagine a time in the near future when deoxyribonucleic acid (DNA) gene patents are obtained on a routine basis. An Indian tribe or nation decides to participate in genetic research. Scientists find the cure for a disease in the DNA of the Indian tribe or nation and patent the DNA in the form of a purified gene. Upon subsequent research, the... |
2005 |
| Henry Korman |
Underwriting for Fair Housing? Achieving Civil Rights Goals in Affordable Housing Programs |
14-SUM Journal of Affordable Housing & Community Development Law 292 (Summer, 2005) |
For more than thirty-five years, all public housing development in Chicago has been subject to the oversight of a federal district court in order to enforce a consent decree designed to reverse intentionally perpetuated racial segregation in public housing authority (PHA) tenant assignment and siting policies. In decisions spanning 2003, 2004,... |
2005 |
| Richa Amar |
Unequal Protection and the Racial Privacy Initiative |
52 UCLA Law Review 1279 (April, 2005) |
Advocates of colorblindness doctrine argue that the time has come to look beyond racial categories. In October 2003, Californians voted against an initiative premised on the idea that eliminating the state's power to collect racial data would further the advancement of equality. This Comment proposes that even if the initiative is recast in revised... |
2005 |
| Larry L. Rowe |
West Virginia Race Relations at the Turn of the 21st Century: a New Historical Perspective and Legislative Study of Racial Disparities in Education, Health, Civil Rights, Criminal Justice, Economic Development and Employment |
107 West Virginia Law Review 637 (Spring 2005) |
I. Introduction: Self Evaluation with a Historical Perspective. 638 II. After the Horror of Slavery: Segregation Days in Old Malden. 639 III. A Romantic Life in Segregation Days with No Bitterness Over Race Discrimination. 643 IV. A White Kid Growing Up In Rural Southern West Virginia. 644 V. Celebrating Brown v. Board of Education: Reflection and... |
2005 |