| Author | Title | Citation | Summary | Year |
| Brian Faerstein |
Resurrecting Equal Protection Challenges to Environmental Inequity: a Deliberately Indifferent Optimistic Approach |
7 University of Pennsylvania Journal of Constitutional Law 561 (November, 2004) |
On October 31, 2000, the New Jersey Department of Environmental Protection (NJDEP) issued five permits to the St. Lawrence Cement Company authorizing it to construct and operate a granulated blast furnace slag grinding facility in the Waterfront South neighborhood of Camden, New Jersey. Upon evaluation of St. Lawrence's application and air... |
2004 |
| Alex Geisinger |
Rethinking Environmental Justice Regulation: a Modest Proposal for Penalty Return |
55 Syracuse Law Review 33 (2004) |
Introduction. 33 I. The Empirical And Theoretical Basis Of Environmental Injustice Claims. 34 II. Environmental Justice Regulation. 40 A. The Limits of the Common Law. 40 B. The Civil Rights Framework and History. 41 III. A Benefit-Oriented Regulatory Framework. 48 Conclusion. 53 Over the last seven years U.S. Steel has been penalized for over 100... |
2004 |
| Shira Galinsky |
Returning the Language of Fairness to Equal Protection: Justice Ruth Bader Ginsburg's Affirmative Action Jurisprudence in Grutter and Gratz and Beyond |
7 New York City Law Review 357 (Fall 2004) |
Like the opinions in many other recent equal protection cases, the Supreme Court's opinions in Grutter v. Bollinger and Gratz v. Bollinger, the cases decided in June 2003 that challenged the University of Michigan's affirmative action plans, are disturbing in their mechanical, technical tone and seeming distance from real life racial inequality.... |
2004 |
| Michael W. Combs , Gwendolyn M. Combs |
Revisiting Brown V. Board of Education: a Cultural, Historical-legal, and Political Perspective |
47 Howard Law Journal 627 (Spring 2004) |
This Article explores how Brown v. Board of Education and subsequent Court decisions have impacted the structure of society and racial cultural tradition of America. Brown ranks among the first instances in which a modern American institution actually tackled the cultural basis of racism and discrimination. More directly, during oral arguments to... |
2004 |
| Peter Goodrich |
Satirical Legal Studies: from the Legists to the Lizard |
103 Michigan Law Review 397 (December, 2004) |
Introduction. 399 I. Fragmenta Antiquitatis (The Enduring Tradition). 415 A. The Civilian Tradition. 416 B. The Sermon on the Laws. 419 C. Satirical Themes. 422 1. Personification. 422 2. Novelty. 423 3. Ridicule. 425 4. Criticism. 426 II. Satura Resartus (The Revival of Satire). 429 A. Allegory and Theater. 429 B. Ad Hominem Arguments. 432 C.... |
2004 |
| Staff of Volume 13 |
State Statutes Dealing with Hiv and Aids: a Comprehensive State-by-state Summary (2004 Edition) |
13 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 1 (2004) |
Nine years ago, when Sara Goldstein and Karen Wishnev first prepared these state-by-state summaries of statutes dealing with HIV and AIDS, the statistics regarding the pandemic were already grim. By 1993, more than 360,000 people in the United States were reported diagnosed with AIDS. At the end of 2002, the Centers For Disease Control estimated... |
2004 |
| Daria Roithmayr |
Tacking Left: a Radical Critique of Grutter |
21 Constitutional Commentary 191 (Spring 2004) |
[R]ace conscious policies must be limited in time . . . We expect that twenty-five years from now, the use of racial preferences will no longer be necessary to further the interest approved today. Justice O'Connor in Grutter v. Bollinger In Grutter v. Bollinger, the Supreme Court announced its expectation that twenty-five years from now, U.S.... |
2004 |
| Kim Forde-Mazrui |
Taking Conservatives Seriously: a Moral Justification for Affirmative Action and Reparations |
92 California Law Review 683 (May, 2004) |
Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... |
2004 |
| Darlene Clark Hine |
The Briggs V. Elliott Legacy: Black Culture, Consciousness, and Community Before Brown, 1930-1954 |
2004 University of Illinois Law Review 1059 (2004) |
In the years between Emancipation and Brown v. Board of Education, African Americans battled against the inequities in education, health care, and economic opportunities advanced by segregation. In this article, the author discusses the African American community's response to the hostility of white Americans, the fight against Jim Crow oppression,... |
2004 |
| Naomi S. Stern |
The Challenges of Parental Leave Reforms for French and American Women: a Call for a Revived Feminist-socialist Theory |
28 Vermont Law Review 321 (Winter, 2004) |
The fear of socialism, even of the word itself, suggests how our social imaginations have been abridged and hampered. For the question of the future is, ineluctably, After regime change, what? What are we for? What do we want to see happen? And how do we want to make it happen? Adrienne Rich A truly socialist ethics, concerned to uphold justice... |
2004 |
| Michael L. Foreman , Kristin M. Dadey , Audrey J. Wiggins |
The Continuing Relevance of Race-conscious Remedies and Programs in Integrating the Nation's Workforce |
22 Hofstra Labor and Employment Law Journal 81 (Fall 2004) |
[S]kills needed in today's increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints . . . . By embracing diversity in education as a compelling governmental interest in the highly anticipated case of Grutter v. Bollinger, the Supreme Court suggested that diversity is... |
2004 |
| Hope Babcock |
The Effect of the United States Supreme Court's Eleventh Amendment Jurisprudence on Clean Water Act Citizen Suits: Muddied Waters |
83 Oregon Law Review 47 (2004) |
The states are permitted to act unjustly only because the highest court in the land has, by its own will, moved the middle ground and narrowed the nation's power. The current Supreme Court has substantially expanded the scope of protection from lawsuits accorded to states by the Eleventh Amendment and narrowed the exceptions to its application.... |
2004 |
| Erik Lillquist , Charles A. Sullivan |
The Law and Genetics of Racial Profiling in Medicine |
39 Harvard Civil Rights-Civil Liberties Law Review 391 (Summer, 2004) |
Modern medicine has embraced the use of race. Race is routinely employed by medical researchers, clinicians, and community health officials. Moreover, medicine's use of race is not done in the shadows, but right before our eyes. Physicians note our race when treating us and medical researchers routinely publish results that classify subjects based... |
2004 |
| Brian Thompson |
The Obesity Agency: Centralizing the Nation's Fight Against Fat |
30 American Journal of Law & Medicine 543 (2004) |
Fat. Many love to eat it, but hate to carry it. The majority of people in the United States struggle to get out of this love/hate bond. Unfortunately, they find themselves stuck in an abusive relationship. Obesity is the fastest-growing major health problem in the United States. Approximately two thirds of American adults are overweight or obese.... |
2004 |
| Lisbeth B. Schorr |
The O'connor Project: Intervening Early to Eliminate the Need for Racial Preferences in Higher Education |
88 Judicature 92 (September-October 2004) |
Over the half-century since the U.S. Supreme Court's ruling in Brown v. Board of Education, our nation has struggled to fulfill its commitment to racial equality. In Brown, the Court recognized the indispensable role that equal education opportunity would play in achieving that goal. Yet, not long after Brown, the country's courts and political... |
2004 |
| Michael F. Hogan, Ph.D. |
The President's New Freedom Commission on Mental Health: Transforming Mental Health Care |
32 Capital University Law Review 907 (Summer, 2004) |
President George W. Bush announced the President's New Freedom Commission on Mental Health, the first presidential mental health commission in twenty-five years, on April 29, 2002, in a speech in Albuquerque, New Mexico. This Article describes the workings and recommendations of the Commission with a focus on problems and opportunities at the... |
2004 |
| Andrew Hoffman |
The Role of Child's Counsel in State Intervention Proceedings: Toward a Rebuttable Presumption in Favor of Family Reunification |
3 Connecticut Public Interest Law Journal 326 (Spring, 2004) |
The Court appoints you to represent John, a six-year-old, removed by the State Department of Social Services (DSS) due to allegations of lack of supervision, medical neglect, and a filthy home. John was found wandering outside at night -- hungry, cold, dirty, and confused. His mother could not be found. John looked emaciated. When the police... |
2004 |
| Daniel Gilman |
Thou Shalt Not Kill as a Defeasible Heuristic: Law and Economics and the Debate over Physician-assisted Suicide |
83 Oregon Law Review 1239 (Winter 2004) |
Everybody dies. But if death is like taxation in being inevitable, it is also like taxation in that its most vexing questions are about how and when, rather than whether, it will occur. Nowadays, most people die in hospitals; most people die of chronic illness; and most people are subject to medical intervention that may postpone the time and alter... |
2004 |
| Alfreda Robinson |
Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations |
24 Boston College Third World Law Journal 139 (Winter, 2004) |
Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... |
2004 |
| Alfreda Robinson |
Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations |
24 Boston College Third World Law Journal 139 (Winter, 2004) |
Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... |
2004 |
| R.A. Lenhardt |
Understanding the Mark: Race, Stigma, and Equality in Context |
79 New York University Law Review 803 (June, 2004) |
In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that... |
2004 |
| Robyn Whipple Diaz |
Unequal Access: the Crisis of Health Care Inequality for Low-income African-american Residents of the District of Columbia |
7 Journal of Health Care Law and Policy 120 (2004) |
There is a health care crisis in our city.when the life expectancy of our African-American men is 10 years less than the rest of America, and when this country's highest rates of infant mortality, diabetes, and HIV infection are in our own backyard, it is time to fix health care in Washington.Mayor Anthony A. Williams Of all forms of inequality... |
2004 |
| Jill Parker |
West Meets East: a Discussion of European Union Enlargement and Human Rights |
11 Tulsa Journal of Comparative & International Law 603 (Spring 2004) |
The current enlargement of the European Union (EU) is a major historical event. The expansion to include the eastern European block requires immense financial resources, cooperation from leaders, and time. It will offer new opportunities for businesses and trade. The expanded European Union will be the world's largest frontier-free market... |
2004 |
| Paula L. Grubb , Rashaun K. Roberts , James W. Grosch , W. Stephen Brightwell |
Workplace Bullying: What Organizations Are Saying |
8 Employee Rights and Employment Policy Journal 407 (2004) |
1. Introduction. 408 A. Background. 408 B. Terminology. 408 C. Nature and Extent of Bullying. 410 D. Cost of Bullying. 411 E. Organizational Factors and Bullying. 411 F. The Present Study. 412 II. Method. 412 A. The Survey. 412 B. Procedure. 413 C. Survey Development. 413 D. Measures. 413 1. Structural Characteristics of Organizations. 414 2.... |
2004 |
| Daniel R. Berg, M.D. |
A History of Health Care for the Indigent in St. Louis: 1904-2001 |
48 Saint Louis University Law Journal 191 (Fall 2003) |
The city of St. Louis assumes the responsibility to provide for the support, maintenance and care of children and sick, aged or insane poor persons and paupers. Despite this bold statement in the City Charter, infant mortality in north St. Louis is still more than double the United States' average, and higher than many Third World countries. In... |
2003 |
| Larry J. Pittman |
A Thirteenth Amendment Challenge to Both Racial Disparities in Medical Treatments and Improper Physicians' Informed Consent Disclosures |
48 Saint Louis University Law Journal 131 (Fall 2003) |
On September 11, 2001, supporters of Osama Bin Laden and his terrorist organization hijacked four domestic airplanes, flying two of them into the World Trade Center Towers in New York City, one of them into the Pentagon, and crashing the last one in rural Pennsylvania while likely en route to the White House, thereby killing approximately three... |
2003 |
| Gwendolyn Roberts Majette |
Access to Health Care: What a Difference Shades of Color Make |
12 Annals of Health Law 121 (2003) |
In 1999, Congress provided funding to the Office of Minority Health for a one-time Institute of Medicine study of the prevalence and impact of ethnic bias in medicine. On March 20, 2002, the Institute of Medicine reported its findings. The report attracted worldwide attention and confirmed what minority communities have known for years: that race... |
2003 |
| Louise G. Trubek , Maya Das |
Achieving Equality: Healthcare Governance in Transition |
29 American Journal of Law & Medicine 395 (2003) |
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... |
2003 |
| Paula C. Johnson |
Ad-in/ad-out: Deciding Victory and Defeat in Affirmative Action Legal Contestations |
66 Albany Law Review 433 (2003) |
At this point, I wish to express my thanks to all of you for persevering this afternoon. I truly appreciate those of you who have been at this event for the duration. It has been a very rich day, and I hope that our panel will continue in that vein. Before I begin my discussion, I would also like to echo this gratitude to the law review folks who... |
2003 |
| Lani Guinier |
Admissions Rituals as Political Acts: Guardians at the Gates of Our Democratic Ideals |
117 Harvard Law Review 113 (November, 2003) |
I. L2-3,T2The Democratic and Educational Missions of Higher Education: Admissions Judgments as Political Acts. .125 II. L2-3,T2Contest, Sponsored, and Structural Mobility: Alternative Ways of Conceptualizing the Relationship Between Education and Democracy. .137 A. S63Contest Mobility. .143 B. Sponsored Mobility. .151 C. Structural Mobility. .159... |
2003 |
| Quin M. Sorenson |
Backdooring Batson: the Improper Use of Racial Memory and Other "Peculiar" Characteristics in Juror Challenges |
35 Columbia Human Rights Law Review 71 (Fall 2003) |
For many, Batson v. Kentucky and its progeny stand as an archetype of the Supreme Court's recognition of a far-reaching right and subsequent narrowing of that right to the point of near evisceration. In Batson, the Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits the discriminatory use of peremptory challenges by a... |
2003 |
| Dr. David Holtgrave |
Behavioral Approaches to Hiv Prevention |
17 Emory International Law Review 547 (Summer 2003) |
This is a wonderful conference that has been put together, and I want to thank the organizers for doing so. I wish to focus my talk on the behavioral issues in HIV prevention. HIV has, and continues to have, a devastating impact globally and in the United States. I'm not going to go over the epidemiologic statistics again (you've heard them... |
2003 |
| Gilah R. Mayer |
Bergman V. Chin: Why an Elder Abuse Case Is a Stride in the Direction of Civil Culpability for Physicians Who Undertreat Patients Suffering from Terminal Pain |
37 New England Law Review 313 (Winter 2003) |
I think we are at a new place in law and medicine . . . [where] [f]ailure to treat pain can now be something that physicians are held accountable for. Reducing pain and suffering may be the most important reason students attend medical school. However, the truth is that numerous studies have shown that pain and suffering are routinely ignored or... |
2003 |
| Camille A. Nelson |
Breaking the Camel's Back: a Consideration of Mitigatory Criminal Defenses and Racism-related Mental Illness |
9 Michigan Journal of Race and Law 77 (Fall 2003) |
INTRODUCTION. 77 I. Critical Psychology and Racism as Abuse. 83 A. Stress and Distress. 80 B. Coping. 98 C. The Humiliation Dynamic. 102 II. Criminal Law Defenses Capable of Critical Psychology Infusion. 108 A. Provocation. 110 B. Extreme Emotional Disturbance. 117 C. Diminished Capacity. 121 III. Concerns With Infusion -- Identity,... |
2003 |
| Sara Rosenbaum, J.D. , Joel Teitelbaum, J.D., LL.M. |
Civil Rights Enforcement in the Modern Healthcare System: Reinvigorating the Role of the Federal Government in the Aftermath of Alexander V. Sandoval |
3 Yale Journal of Health Policy, Law & Ethics 215 (Summer 2003) |
On occasion, a decision by the United States Supreme Court in the area of federal civil rights law invites a profound rethinking of rights, remedies, and enforcement under federal law. Faced with such an invitation, the federal authorities charged with civil rights enforcement have often risen to the challenge and responded vigorously. For example,... |
2003 |
| Margaret M. Russell |
Cleansing Moments and Retrospective Justice |
101 Michigan Law Review 1225 (March, 2003) |
We live in an era of questioning and requestioning long-held assumptions about the role of race in law, both in criminal prosecutions specifically and in the legal process generally. Certainly, the foundational framework is not new; for decades, both legal literature and jurisprudence have explored in great detail the realities of racism in the... |
2003 |
| Ana I. Balsa, Naomi Seiler, Thomas G. McGuire, M. Gregg Bloche |
Clinical Uncertainty and Healthcare Disparities |
29 American Journal of Law & Medicine 203 (2003) |
The Institute of Medicine Report, Unequal Treatment: Confronting Racial and Ethnic Disparities, affirms in its first finding: Racial and ethnic disparities in healthcare exist and, because they are associated with worse outcomes in many cases, are unacceptable. The mechanisms that generate racial and ethnic disparities in medical care operate at... |
2003 |
| Timothy Stoltzfus Jost |
Commentary: Racial Disparities in Health Care |
9 Washington and Lee Race and Ethnic Ancestry Law Journal 35 (Spring 2003) |
Professor Watson has presented us with a provocative paper on the problem of racial disparities in health care. Professor Watson notes that we seem to have reached a dead end in dealing with race discrimination in health care through the civil rights laws. Those laws seem to be incapable of dealing with disparate impact-which is manifestly evident... |
2003 |
| Michael H. Marcus |
Comments on the Model Penal Code: Sentencing Preliminary Draft No. 1 |
30 American Journal of Criminal Law 135 (Spring 2003) |
I. Introduction. 136 II. Prevailing Sentencing Have Yielded Excessive Recidivism. 138 III. How the First Draft Falters. 140 A. The Draft Wrongly Abandons Public Safety While Perpetuating the Primacy of Just Deserts. 140 1. The Arguments for Abandoning Public Safety Are Unpersuasive. 142 2. Rather Than Abandoning Public Safety, We Must Pursue It... |
2003 |
| Alfreda Robinson |
Corporate Social Responsibility and African American Reparations: Jubilee |
55 Rutgers Law Review 309 (Winter 2003) |
But if there is not sufficient means to recover it,what was sold shall remain with the purchaser until the year of jubilee;in the jubilee it shall be released,and the property shall be returned. Leviticus 25:28 Summary. 311 I. Introduction. 312 II. Corporate Reparations Paradigm: Stretched to the Limit Stakeholder Theory of Corporate Social... |
2003 |
| Richard Delgado |
Crossroads and Blind Alleys: a Critical Examination of Recent Writing about Race |
82 Texas Law Review 121 (11/1/2003) |
The nation stands today at the beginning of what many believe will be a protracted struggle against international terrorism, and a similar one to strengthen the hand of the moderate, democratic wing of Islam vis-à-vis its more fundamentalist counterparts. What does this situation portend for the fortunes of domestic minorities? History shows that... |
2003 |
| Walter E. Williams |
Discrimination: the Law Vs. Morality |
13 Cornell Journal of Law & Public Policy 111 (Fall 2003) |
INTRODUCTION. 111 I. LANGUAGE AND RACE. 112 A. Discrimination. 113 B. Preferences. 116 C. Prejudice. 118 II. EXAMINING BEHAVIORS FREQUENTLY CHARACTERIZED AS RACISM. 121 A. Racial Indicators. 121 B. Public Policy. 124 III. WHAT LAWYERS SAY. 125 A. Freedom of Association vs. Forced Association. 125 B. Racial Segregation. 127 IV. GOVERNMENT-SUBSIDIZED... |
2003 |
| Derrick Bell |
Diversity's Distractions |
103 Columbia Law Review 1622 (October, 2003) |
For at least four reasons, the concept of diversity, far from a viable means of ensuring affirmative action in the admissions policies of colleges and graduate schools, is a serious distraction in the ongoing efforts to achieve racial justice: 1) Diversity enables courts and policymakers to avoid addressing directly the barriers of race and class... |
2003 |
| Gordon Bonnyman |
Dynamic Conservatism and the Demise of Title Vi |
48 Saint Louis University Law Journal 61 (Fall 2003) |
Dynamic conservatism is the apparent oxymoron coined by the late M.I.T. organizational theorist Donald Schon. He used the term to describe the propensity of social systems to adjust in many complex, frequently unconscious ways in order to resist real alteration of the status quo. Paradoxically, the more profound the fundamental change, the more... |
2003 |
| Victor M. Goode , Conrad A. Johnson |
Emotional Harm in Housing Discrimination Cases: a New Look at a Lingering Problem |
30 Fordham Urban Law Journal 1143 (March, 2003) |
With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the... |
2003 |
| Steven P. Wallace , Valentine M. Villa |
Equitable Health Systems: Cultural and Structural Issues for Latino Elders |
29 American Journal of Law & Medicine 247 (2003) |
This Article examines the extent to which the U.S. healthcare system is equitable for older Latinos, using the World Health Organization (WHO) and the related Organization for Economic Cooperation and Development (OECD) criteria on health outcomes, access/responsiveness and financing. We argue that improving health equity requires more than actions... |
2003 |
| Lori Andrews , Erin Shaughnessy Zuiker |
Ethical, Legal, and Social Issues in Genetic Testing for Complex Genetic Diseases |
37 Valparaiso University Law Review 793 (Summer, 2003) |
When Congress launched the Human Genome Project in 1990, concerns were raised about the ethical and legal implications of the endeavor. If the Project succeeded in identifying the genetic predictors of later disease, would currently healthy people be discriminated against by schools, insurers, or employers because they had a gene mutation signaling... |
2003 |
| Theresa Wilson |
Evolution, Creation, and Naturally Selecting Intelligent Design out of the Public Schools |
34 University of Toledo Law Review 203 (Winter, 2003) |
ONE hundred and forty years after naturalist Charles Darwin unleashed the public debate over evolution, the battle between evolution and creation for the souls of America's schoolchildren continues. In the opening months of 2002, the Ohio Board of Education held a public hearing to determine whether it should place the theory of intelligent... |
2003 |
| Charu A. Chandrasekhar |
Flying While Brown: Federal Civil Rights Remedies to Post-9/11 Airline Racial Profiling of South Asians |
10 Asian Law Journal 215 (May, 2003) |
The terrorist attacks of September 11, 2001 (9/11) permanently transformed the American civil liberties landscape. After nineteen Arab Muslim men hijacked and crashed commercial aircraft into the World Trade Center towers and the Pentagon, people of South Asian, Arab, and Middle Eastern descent have become targets of hundreds of hate crimes and... |
2003 |
| Natsu Taylor Saito |
For "Our" Security: Who Is an "American" and What Is Protected by Enhanced Law Enforcement and Intelligence Powers? |
2 Seattle Journal for Social Justice 23 (Fall/Winter, 2003) |
In January 2003, the United States Justice Department's latest wish list was leaked to the press. Entitled the Domestic Security Enhancement Act of 2003, but more commonly known as PATRIOT II, it would expand the already impressive list of powers given law enforcement and intelligence agencies by the USA PATRIOT Act, which Congress hurriedly... |
2003 |