| Author | Title | Citation | Summary | Year |
| Dana M. Northcraft |
A Nation Scared: Children, Sex, and the Denial of Humanity |
12 American University Journal of Gender, Social Policy and the Law 483 (2004) |
Introduction. 483 I. Is Sex Harmful To Minors?. 485 II. History of Minors' Sexuality in the United States. 489 III. Conflicting Viewpoints. 494 IV. Laws that Control the Sexuality of Minors Today. 499 A. The Obscenity Standard. 500 B. Statutory Rape Laws. 501 C. Sex Education Curriculum. 501 D. Limitations on the Availability of Abortion. 502 V.... |
2004 |
| Louise G. Trubek , Maya Das |
Achieving Equality: Healthcare Governance in Transition |
7 DePaul Journal of Health Care Law 245 (Spring 2004) |
Healthcare is not immune to the deeply rooted inequalities in American society. To this day, racial and ethnic differences exist in the quality and outcomes of healthcare that cannot be attributed to socioeconomic or other healthcare access factors. Lawyers committed to social justice have long dedicated energy and attention to these continued... |
2004 |
| Lisa Dubay, Sc.M. , Christina Moylan, M.H.S. , Thomas R. Oliver, Ph.D., M.H.A. |
Advancing Toward Universal Coverage: Are States Able to Take the Lead? |
7 Journal of Health Care Law and Policy 1 (2004) |
The number of Americans without health insurance exceeds forty-three million, and leaders at all levels of the political system are again raising the question of whether the United States can and should pursue universal health coverage through public policy. A second but equally important question is whether the pursuit of universal coverage is... |
2004 |
| Michele Goodwin |
Altruism's Limits: Law, Capacity, and Organ Commodification |
56 Rutgers Law Review 305 (Winter 2004) |
I. Introduction. 307 II. Understanding the Strain on Altruism. 313 A. Institutional Supply and Demand. 313 B. Competency and Altruism. 319 1. The Dynamics of Altruism. 319 2. Physical Capacity. 323 C. The Alternatives. 325 D. Conclusion. 329 III. Equal Opportunity Rationing: Referral and Distribution. 330 A. Organ Allocation and Fairness: Who... |
2004 |
| Paula Heine |
Best Methods for Increasing Medical Translators for Limited English Proficient Patients: the Carrot or the Stick? |
18 Journal of Law and Health 71 (2003-2004) |
I. Introduction. 71 II. Problems of Limited English Proficient Patients. 73 III. Historical Overview of Title VI. 75 A. Enforcement of Title VI. 76 B. History of Title VI and Intentional Discrimination in Health Care. 76 C. History of Title VI and Disparate Impact in Health Care. 78 IV. The Controversy Regarding the Court's Holding in Alexander v.... |
2004 |
| Carlos M. Correa |
Bilateralism in Intellectual Property: Defeating the Wto System for Access to Medicines |
36 Case Western Reserve Journal of International Law 79 (Winter, 2004) |
The adoption of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) was regarded by developing countries as the end of a process of substantial strengthening of intellectual property rights (IPRs) protection. They expected that, having consented to high IPRs standards, they would be protected from unilateral... |
2004 |
| Nancy E. Dowd |
Bringing the Margin to the Center: Comprehensive Strategies for Work/family Policies |
73 University of Cincinnati Law Review 433 (Winter 2004) |
The ultimate goal of work/family policy has always seemed deceptively clear: to provide institutional and cultural support to permit a healthy balance between family and work. An implicit assumption of that goal is that it would be achieved without undermining principles of equality. Indeed, the assumed result of work/family balance is that it... |
2004 |
| Hunter R. Clark , Symposium Issue Editor |
Brown at 50: the Road That Lies Behind Us and the Challenges Ahead |
88 Judicature 56 (September-October 2004) |
An African American reporter described Monday, May 17, 1954, the day the U.S. Supreme Court delivered its unanimous decision in Brown v. Board of Education, as the day we won; the day we took the white man's law and won our case before an all-white Supreme Court with a Negro lawyer. And we were proud. Justice Felix Frankfurter, in a personal note... |
2004 |
| Kevin D. Brown |
Brown V. Board of Education: Reexamination of the Desegregation of Public Education from the Perspective of the Post-desegregation Era |
35 University of Toledo Law Review 773 (Summer 2004) |
SUPREME Court opinions like Brown v. Board of Education reveal their consequences and yield their secrets only with the passage of time and the development of American society. The Supreme Court candidly recognized this reality seventeen years after that opinion. Nothing in our national experience prior to 1955 prepared anyone for dealing with... |
2004 |
| Robert S. Chang , Jerome M. Culp, Jr. |
Business as Usual? Brown and the Continuing Conundrum of Race in America |
2004 University of Illinois Law Review 1181 (2004) |
In this article, Professors Robert Chang and Jerome Culp examine the state of race in America in the aftermath of the landmark Supreme Court decision of Brown v. Board of Education. Their findings reveal that while Brown established fundamental precedent in the area of race relations, racial inequality remains entrenched in a number of modern... |
2004 |
| Christopher J. Schmidt |
Caught in a Paradox: Problems with Grutter's Expectation That Race-conscious Admissions Programs Will End in Twenty-five Years |
24 Northern Illinois University Law Review 753 (Summer 2004) |
C1-3Table of Contents I. Introduction. 754 II. Grutter Upholds a Race-Conscious Admissions Program. 755 A. DIVERSITY IS A COMPELLING INTEREST. 757 B. RACE-CONSCIOUS PROGRAMS CAN BE NARROWLY TAILORED. 759 III. Grutter's Time Limit for Race-conscious Admissions Programs. 761 A. DIVERSITY IS A CONTINUAL COMPELLING INTEREST. 762 B. RACE-CONSCIOUS... |
2004 |
| Clyde E. Bailey, Sr., President, National Bar Assocation |
Celebrating 50 Years since Brown |
16-APR NBA National Bar Association Magazine 1 (March/April, 2004) |
As the nation approaches the 50th Anniversary of the landmark United States Supreme Court decision in Brown v Board of Education of Topeka Kansas which ended legally enforced segregation in public schools, we take a few moments to reflect upon the significance of the case. Brown was one of the most significant cases in the lives of African... |
2004 |
| Daniel J. Losen |
Challenging Racial Disparities: the Promise and Pitfalls of the No Child Left Behind Act's Race-conscious Accountability |
47 Howard Law Journal 243 (Winter 2004) |
Thurgood Marshall prophetically stated on the eve of the Brown victory, I don't want any of you to fool yourselves . . . the fight has just begun. He knew that the fight to end segregation and the fight for equality of opportunity required far more than a Supreme Court ruling. Indeed, little changed at first, but because advocates pressed on with... |
2004 |
| Gary Orfield |
Charter Schools and Race: a Lost Opportunity for Integrated Education |
16-APR NBA National Bar Association Magazine 25 (March/April, 2004) |
The Civil Rights Project of Harvard University published the above titled report in 2003. This is the forward to the Report. The full Report and other works can be read at www.civilrightsproject@harvard.edu Charter schools are one of the most important educational innovations of this generation. They have spread rapidly across the country and are... |
2004 |
| Sayward Byrd |
Civil Rights and the "Twinkie" Tax: the 900-pound Gorilla in the War on Obesity |
65 Louisiana Law Review 303 (Fall, 2004) |
It is somewhat of an understatement to say that overweight and obese people are presently unpopular in our culture. They are, on the whole, subject to greater expenses, paying more for plus-sized clothing, two seats on an airplane (required now by many airlines), and spending on average seven hundred dollars more per year on medical bills,... |
2004 |
| Craig Haney |
Condemning the Other in Death Penalty Trials: Biographical Racism, Structural Mitigation, and the Empathic Divide |
53 DePaul Law Review 1557 (Summer 2004) |
It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined. -- Justice William J. Brennan I have three modest points to... |
2004 |
| David Lyons |
Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow |
84 Boston University Law Review 1375 (December, 2004) |
Introduction. 1375 I. Compensation, Restitution, and Corrective Justice. 1378 A. The Moral Debt Model. 1379 B. The Material Disadvantage Model. 1381 C. The Unjust Enrichment Model. 1382 D. The Institution Model. 1384 II. The Role of the Federal Government. 1385 A. The Eighteenth Century. 1386 B. The Nineteenth Century. 1388 C. The Twentieth... |
2004 |
| Wendy B. Scott |
Csi after Grutter V. Bollinger: Searching for Evidence to Construct the Accumulation of Wealth and Economic Diversity as Compelling State Interests |
13 Temple Political & Civil Rights Law Review 927 (Spring 2004) |
Economic empowerment is the civil rights of today. The only thing most working-class people have to pass on to their children is a house. We have to understand the importance of building wealth. Whiteness has monetary value. Knowing the origin and nature of the value of race is essential in any analysis of Black America's dilemma. Modern... |
2004 |
| Vince Morabito |
Defendant Class Actions and the Right to Opt Out: Lessons for Canada from the United States |
14 Duke Journal of Comparative & International Law 197 (Summer 2004) |
The recently introduced class action regime in the Federal Court of Canada which--unlike the class action regimes in Quebec, British Columbia, Manitoba, Saskatchewan, Newfoundland and Labrador and Alberta--authorizes the certification of defendant class actions renders a study of defendant class actions desirable. The aim of this article is to... |
2004 |
| Sarah Black |
Developing a District Health System in South Africa |
20 Connecticut Journal of International Law 125 (Fall, 2004) |
South Africa is one of the few countries in the world where wholesale transformation of the health system has begun with a clear political commitment to, inter alia, ensure equity in resource allocation, restructure the health system according to a district health system and deliver health care according to the principles of the primary health... |
2004 |
| Michael A. McCann |
Economic Efficiency and Consumer Choice Theory in Nutritional Labeling |
2004 Wisconsin Law Review 1161 (2004) |
Introduction. 1162 I. Obesity in the United States. 1164 A. Corpulence and National Health. 1164 B. Taxpayer Absorption of Obesity. 1167 C. Explaining Obesity. 1169 D. Theory of Consumer Choice and Its Application to Food Selection. 1175 E. Childhood Obesity and Food Selection. 1178 II. Lawmaking and Fast Food Labeling: Where's the Beef?. 1187 A.... |
2004 |
| Eric Karl Roth |
Environmental Indicators: Formalized Monitoring in the Service of Environmental Justice |
35 McGeorge Law Review 463 (2004) |
Code Section Affected Public Resources Code § 71080 (new). AB 1360 (Steinberg); 2003Stat. Ch. 4. The California state government spent more than $1.5 billion on environmental protection programs in the 2002-2003 fiscal year, and the state's 2003-2004 budget includes approximately $1.25 billion for these programs as well. With an annual investment... |
2004 |
| Robert Gatter |
Faith, Confidence, and Health Care: Fostering Trust in Medicine Through Law |
39 Wake Forest Law Review 395 (Summer 2004) |
When historians look back at this moment in the evolution of health policy in the United States, they will likely define it as a period of continued struggle with the virtues and vices of a market-based health care delivery system. , They may also depict this as a time when various pockets of discontentment with marketplace values in medicine... |
2004 |
| Susan Ann Silverstein |
Focus on Elder Rights |
31-SPG Human Rights FC (Spring, 2004) |
Long before I was an advocate working on elder rights issues, I came upon a reference to age by psychologist James Hillman. I have never forgotten his words, although I can no longer remember the title of the book. When you disrespect an older person you dishonor the older person inside yourself who has not yet come into being. It was just that... |
2004 |
| Arnold J. Rosoff |
Health Law at Fifty Years: a Look Back |
14 Health Matrix: Journal of Law-Medicine 197 (Winter, 2004) |
EVERY FIELD HAS ITS POINT OF VIEW. Seen from the perspective of one field, the same scene, the same world, looks different than when seen from another field's vantage point. When I start my principal Health Law course, in which many of the students are studying to be health professionals or health care managers, I commonly tell them that whether or... |
2004 |
| Jonathan Kahn, J.D., Ph.D. |
How a Drug Becomes "Ethnic": Law, Commerce, and the Production of Racial Categories in Medicine |
4 Yale Journal of Health Policy, Law & Ethics 1 (Winter 2004) |
A drug called BiDil is poised to become the first pharmaceutical ever approved by the U.S. Food and Drug Administration (FDA) to treat heart failure specifically in African Americans--and only African Americans. On March 8, 2001, NitroMed, then a privately held biotech firm in Massachusetts, issued a press release triumphantly announcing the... |
2004 |
| Robert Gatter |
Institutionally Sponsored Mediation and the Emerging Medical Trust Movement in the U.s. |
23 Medicine and Law 201 (2004) |
Abstract: This essay identifies the bias that institutional sponsorship of medical mediation introduces and the probability that such bias undermines the ability of such mediation programs to generate trust by patients in physicians and health care institutions. Based on data from an emerging medical trust movement in the U.S., the essay argues... |
2004 |
| Melanie K. Gross |
Invisible Shackles: Alexander V. Sandoval and the Compromise to the Medical Civil Rights Movement |
47 Howard Law Journal 943 (Spring 2004) |
Discrimination continues to kill in America. . . . When Americans are dying because of the color of [their] skin, that is a national civil rights issue of the highest order. --Representative Elijah E. Cummings In the aftermath of the closing of the District of Columbia's General Hospital (D.C. General) in the Southeast quadrant, paramedics rushed... |
2004 |
| Sharona Hoffman |
Is There a Place for "Race" as a Legal Concept? |
36 Arizona State Law Journal 1093 (Winter 2004) |
ABSTRACT: What does race mean? The word race is omnipresent in American social, political, and legal discourse. The concept of race is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences... |
2004 |
| Anita Pereira |
Live and Let Live: Healthcare Is a Fundamental Human Right |
3 Connecticut Public Interest Law Journal 481 (Spring, 2004) |
Healthcare is a fundamental human right. The right to health is as important as the right to food and shelter. Although the United States leads the world in advancing medical technology and science, it significantly lags behind other industrialized nations in regard to the basic human right to health. Healthcare has become a commodity in the United... |
2004 |
| Emily R. Novak |
Lost in Cyberspace: an Analysis of How the Supreme Court May Help Children Find Their Way Safely on the Internet |
14 DePaul-LCA Journal of Art and Entertainment Law 325 (Spring 2004) |
In 1969 the United States Government developed a military program known as ARPANET that allowed computers operated by the military, defense contractors, and universities conducting defense-related research to communicate with one another. Although ARPANET disbanded, it paved the way for today's vast superhighway of information most commonly... |
2004 |
| Nancy-Ann DeParle |
Medicare at 40: a Mid-life Crisis? |
7 Journal of Health Care Law and Policy 70 (2004) |
Medical care will free millions from their miseries. It will signal a deep and lasting change in the American way of life. It will take its place beside Social Security and together they will form the twin pillars of protection upon which all our people can build their lives and their hopes. President Lyndon B. Johnson If you see the President,... |
2004 |
| Maurice R. Dyson |
Multiracial Identity, Monoracial Authenticity & Racial Privacy: Towards an Adequate Theory of Multiracial Resistance |
9 Michigan Journal of Race and Law 387 (Spring 2004) |
INTRODUCTION. 387 I. Twenty-Five Years Left of Race Consciousness?. 390 II. The Racial Privacy Initiative. 391 III. Multiracial Classification and Racial Hierarchy. 399 IV. Racial Identity Formation and the Mixed-Raced Paradigm. 405 VI. Multiracial Identity: The Dilemma of Classification and Racial Resistance. 412 A. The Dilemma of... |
2004 |
| Melissa B. Jacoby |
Negotiating Bankruptcy Legislation Through the News Media |
41 Houston Law Review 1091 (Winter 2004) |
I. Introduction. 1092 II. Legislative Development and the Prominent Bankruptcy Story. 1095 A. 105th Congress (1997-1998). 1098 B. 106th Congress (1999-2000). 1102 C. 107th Congress (2001-2002). 1104 D. 108th Congress (2003-2004). 1105 III. The Relevance of Media Treatment to Developments in Bankruptcy Legislation. 1107 IV. Three Prominent Emerging... |
2004 |
| Mark C. Rahdert |
Obstacles and Wrong Turns on the Road from Brown: Milliken V. Bradley and the Quest for Racial Diversity in Education |
13 Temple Political & Civil Rights Law Review 785 (Spring 2004) |
I often show the documentary film The Road to Brown to my constitutional law students. It is an outstanding example of its genre and compellingly chronicles one of the great events of American legal history--the story of Charles Houston, Thurgood Marshall, and the NAACP Legal Defense Fund's long and ultimately successful quest to challenge the... |
2004 |
| Norman L. Cantor |
On Kamisar, Killing, and the Future of Physician-assisted Death |
102 Michigan Law Review 1793 (August, 2004) |
Tens--perhaps hundreds--of thousands of trees could have been spared over the last forty-five years had opponents of physician-assisted death only been content to let Yale Kamisar be their exclusive spokesperson. Their movement would have lost no significant substance or persuasive force, for Kamisar's 1958 article--Some Non-Religious Views Against... |
2004 |
| Amanda Barratt |
Opening Remarks |
32 International Journal of Legal Information 190 (Summer, 2004) |
The University of Cape Town is delighted to host the 2003 IALL Meeting. We have put together a program, which we hope, you will find moving, interesting and thought-provoking, and we hope that you will enjoy your visit to our beautiful city. Librarians from more than 20 countries on five continents have gathered here for a few days, giving us a... |
2004 |
| Thomas L. Hafemeister |
Parameters and Implementation of a Right to Mental Health Treatment for Juvenile Offenders |
12 Virginia Journal of Social Policy and the Law 61 (Fall 2004) |
Awareness is growing of the need for mental health treatment for detained juvenile offenders. This article explores the legal issues associated with the treatment of juvenile offenders with mental health needs who are placed in secured housing. After addressing overlapping terminology that has clouded analysis of this topic, the article reviews the... |
2004 |
| Dorothy A. Brown |
Pensions, Risk, and Race |
61 Washington and Lee Law Review 1501 (Fall, 2004) |
Foregone revenues as a result of the tax advantages associated with employer-provided pension plans are estimated to be almost $95 billion in 2004. An analysis of those workers who are eligible to receive the benefits and those that are not is warranted. This Article provides such an analysis and identifies two distinct problems. First, even though... |
2004 |
| Carol S. Weissert |
Promise and Perils of State-based Road to Universal Health Insurance in the U.s. |
7 Journal of Health Care Law and Policy 42 (2004) |
The states' legacy in provision of health care services is strong. States are responsible for the funding and coordination of public health functions, the financing and delivery of personal health services (including Medicaid, mental health, public hospitals, and health departments), environmental protection, the regulation of medical care... |
2004 |
| Rene Bowser |
Race as a Proxy for Drug Response: the Dangers and Challenges of Ethnic Drugs |
53 DePaul Law Review 1111 (Spring 2004) |
Considerable debate exists concerning the use of race in medical research and in clinical practice. Race, according to some, is of little or no biological significance and, therefore, should be of little or no importance in making treatment decisions. Others insist that a patient's race can, and should, influence the doctor's thinking about... |
2004 |
| Lu-in Wang |
Race as Proxy: Situational Racism and Self-fulfilling Stereotypes |
53 DePaul Law Review 1013 (Spring 2004) |
In our society, race can act as a proxy for a long list of characteristics, qualities, and statuses. For people of color, the most powerful of these associations have too often been negative, and have carried with them correspondingly negative consequences. We often link color with undesirable personal qualities such as laziness, incompetence, and... |
2004 |
| Nancy E. Dowd |
Race, Gender, and Work/family Policy |
15 Washington University Journal of Law and Policy 219 (2004) |
Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Families are critical to children's... |
2004 |
| Jeremiah Wagner |
Racial (De)profiling: Modeling a Remedy for Racial Profiling after the School Desegregation Cases |
22 Law & Inequality: A Journal of Theory and Practice 73 (Winter 2004) |
Prior to 1954, Black students were not permitted to attend Central High School in Little Rock, Arkansas. But, in 1954, the Supreme Court decided Brown v. The Board of Education I (Brown I) and declared that schools could no longer deny admittance on the basis of race. A year later, the Supreme Court decided Brown v. The Board of Education II (Brown... |
2004 |
| Daniel J. Rearick |
Reaching out to the Most Insular Minorities: a Proposal for Improving Latino Access to the American Legal System |
39 Harvard Civil Rights-Civil Liberties Law Review 543 (Summer, 2004) |
When non-English speakers need legal assistance in America, they face a frightening and incomprehensible babble of voices that will determine matters fundamental to their lives, liberty, and property. Their struggle begins long before they enter a courtroom. In their day-to-day lives, non-English speakers face discrimination based on their... |
2004 |
| Raymond Cross |
Reconsidering the Original Founding of Indian and Non-indian America: Why a Second American Founding Based on Principles of Deep Diversity Is Needed |
25 Public Land & Resources Law Review 61 (Spring 2004) |
As man advances in civilization, and small tribes are united into larger communities, the simplest reason would tell each individual that he ought to extend his social instincts and sympathies to all the members of the same nation, though personally unknown to him. This point being once reached, there is only an artificial barrier to prevent his... |
2004 |
| Patricia A. King |
Reflections on Race and Bioethics in the United States |
14 Health Matrix: Journal of Law-Medicine 149 (Winter, 2004) |
IN 1932, IN MACON COUNTY, ALABAMA, the United States Public Health Service began a study of untreated syphilis on 399 poor black men suffering from the disease and 201 control subjects. The Tuskegee Study of Untreated Syphilis in the Negro Male lasted forty years despite the discovery in the 1940s that penicillin was an effective treatment for... |
2004 |
| David Lyons |
Reparations and Equal Opportunity |
24 Boston College Third World Law Journal 177 (Winter, 2004) |
Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... |
2004 |
| David Lyons |
Reparations and Equal Opportunity |
24 Boston College Third World Law Journal 177 (Winter, 2004) |
Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... |
2004 |
| Kyle D. Logue |
Reparations as Redistribution |
84 Boston University Law Review 1319 (December, 2004) |
Introduction. 1319 I. Slavery Reparations as Corrective Justice. 1324 A. Corrective Justice vs. Distributive Justice: The Conceptual Distinction. 1326 B. Corrective Justice vs. Distributive Justice: The Functional Distinction. 1329 C. Corrective Justice vs. Distributive Justice: From Simple Torts, to Toxic Torts, to Reparations. 1332 D. Slavery... |
2004 |