| Author | Title | Citation | Summary | Year |
| Sidney D. Watson |
Foreword |
48 Saint Louis University Law Journal 1 (Fall 2003) |
Each year the Saint Louis University Law Journal and the School of Law's Center for Health Law Studies host a Symposium on health law. This past year marked the fifteenth Annual Health Law Symposium, and the topic was Unequal Treatment: Racial and Ethnic Disparities in Health Care. The Symposium explored the causes of racial and ethnic disparities... |
2003 |
| Scott Burris |
Foreword: Envisioning Health Disparities |
29 American Journal of Law & Medicine 151 (2003) |
No one approves of it. Our laws prohibit it. Yet racism will not go away. We continue to demonstrate that a colorblind society is just a society where color lurks in the blind spot. Disparities in healthcare offer a telling illustration of how durably racism is woven in our social fabric, and how easy it is for subtle, unconscious differences in... |
2003 |
| Margaret M. Russell |
Foreword: Expanding the Debate on Race, Poverty, Social Justice, and the Law |
1 Hastings Race and Poverty Law Journal 1 (Fall, 2003) |
It brings me great pleasure to introduce the inaugural issue of the Hastings Race and Poverty Law Journal, the culmination of over two years of steadfast organizing by a thoughtful and enterprising group of Hastings law students. The Journal's founders astutely recognized that legal scholars, students, practitioners, and activists need an academic... |
2003 |
| Leslie Bender |
Genes, Parents, and Assisted Reproductive Technologies: Arts, Mistakes, Sex, Race, & Law |
12 Columbia Journal of Gender and Law 1 (2003) |
A true story: two infertile couples, Donna and Richard Fasano of Staten Island, New York, and Deborah Perry-Rogers and Robert Rogers of Teaneck, New Jersey, went to the In Vitro Fertility Center of New York, an in vitro fertilization [hereinafter IVF] clinic in Manhattan, for treatment on the same day in April 1998. Both couples were undergoing IVF... |
2003 |
| Mary Anne Bobinski |
Health Disparities and the Law: Wrongs in Search of a Right |
29 American Journal of Law & Medicine 363 (2003) |
Healthy People 2010 provides our Nation with the wide range of public health opportunities that exist in the first decade of the 21st century. With 467 objectives in 28 focus areas, Healthy People 2010 will be a tremendously valuable asset .. Healthy People 2010 reflects the very best in public health planningit is comprehensive, it was created by... |
2003 |
| David Barton Smith, Ph.D. |
Healthcare's Hidden Civil Rights Legacy |
48 Saint Louis University Law Journal 37 (Fall 2003) |
Much of the health care civil rights story in the United States remains hidden. It is unfamiliar even to many who currently struggle to end racial disparities in health care. This Article describes the events between 1948 and 1968 that eliminated legally sanctioned segregation and narrowed the gaps in gross racial disparities in access to care. Yet... |
2003 |
| Leonard S. Rubenstein |
Human Rights and Fair Access to Medication |
17 Emory International Law Review 525 (Summer 2003) |
It's great to be here for many reasons. First, I'm a lawyer but I work with Physicians for Human Rights. I usually speak to medical audiences and have to explain that I'm a recovering lawyer. Today I can own up. More importantly I'm glad to be here because in the talks that you've heard today and in most discussions about AIDS, particularly about... |
2003 |
| Mary Crossley |
Infected Judgment: Legal Responses to Physician Bias |
48 Villanova Law Review 195 (2003) |
Over the course of more than two decades, a physician prescribed daily insulin injections for an African-American woman with diabetes. The physician prescribed only one injection per day for the woman, despite accumulating medical evidence that two or even more injections per day would better control the diabetes. The physician did not order... |
2003 |
| Jason W. Sapsin |
Introduction to Emergency Public Health Law for Bioterrorism Preparedness and Response |
9 Widener Law Symposium Journal 387 (2003) |
The reach of public health law is as broad as the reach of public health itself. Public health and public health law expand to meet the needs of our society. The Center for Law and the Public's Health at Johns Hopkins and Georgetown Universities (the Center) released the latest draft of its Model State Emergency Health Powers Act in December 2001,... |
2003 |
| Timothy McIntire |
Is the Pain Getting Any Better? How Elder Abuse Litigation Led to a Regulatory Revolution in the Duty to Provide Palliative Care |
11 Elder Law Journal 329 (2003) |
Inadequate pain management for the elderly and terminally ill is an obvious social problem. The tension between inadequately medicating patients suffering from chronic pain and the fear of contributing to illegal narcotic availability further frustrates this problem. In this article, Timothy McIntire examines ways an attorney can expect a client to... |
2003 |
| Congressman Gregory W. Meeks |
Kellis E. Parker Keynote Address |
77 Saint John's Law Review 769 (Fall 2003) |
I have spent the past week in contentious debates in the House of Representatives, battling against the pretentious budget proposals from the other side of the aisle. So it is great to be here this afternoon among people who are focused on taking our country forward in the twenty-first century, instead of backward to the worst of the twentieth and... |
2003 |
| Wendy E. Parmet |
Liberalism, Communitarianism, and Public Health: Comments on Lawrence O. Gostin's Lecture |
55 Florida Law Review 1221 (December, 2003) |
Professor Lawrence O. Gostin has long been one of the leading figures in public health law. An amazingly prolific and assiduous scholar, he has written on almost every aspect of public health law, both domestic and international, and in so doing, has brought needed attention and light to the once moribund field. Given his many notable contributions... |
2003 |
| Allison Keers-Sanchez |
Mandatory Provision of Foreign Language Interpreters in Health Care Services |
24 Journal of Legal Medicine 557 (December, 2003) |
With an increasingly diverse population, the United States can no longer be classified as a strictly English-speaking population. While it is true that 95% of the nation's residents speak English, the United States is also home to millions of national origin minority individuals who are limited English proficient (LEP). LEP individuals cannot... |
2003 |
| Denise Rozwarski |
Maximizing Pharmaceutical Industry Profits at the Taxpayers' Expense: Construing Foia Exemption Four to Allow Secret License Agreements Between Pharmaceutical Companies and Federally-funded Laboratories in Public Citizen Health Research Group V. National |
3 University of Pittsburgh Journal of Technology Law and Policy 2 (Spring, 2003) |
The federal government's technology transfer program encourages federally-funded laboratories to license their newly developed technologies to the private sector. However, the laboratories are required by law to report their licensing activities to the federal agency charged with allocating public funds to them. In March 2002, the United States... |
2003 |
| Joel Teitelbaum , Sara Rosenbaum |
Medical Care as a Public Accommodation: Moving the Discussion to Race |
29 American Journal of Law & Medicine 381 (2003) |
This Article explores the concept of public accommodation in a civil rights context and presents an argument for revising the Civil Rights Act of 1964 (Act) to extend public accommodation obligations to private healthcare providers and the healthcare industry as a whole, regardless of their participation in federally assisted programs. To the... |
2003 |
| Lainie Friedman Ross , Catherine Walsh |
Minority Children in Pediatric Research |
29 American Journal of Law & Medicine 319 (2003) |
Medical research is heavily funded: the National Institutes of Health had a budget of over $20 billion in 2001, and even more money was spent by the pharmaceutical industry on research. Children's health issues, however, receive only a small fraction of these funds. In 2001, for example, less than $1 billion of NIH funding was allocated to the... |
2003 |
| John Alan Cohan |
Obesity, Public Policy, and Tort Claims Against Fast-food Companies |
12 Widener Law Journal 103 (2003) |
Our nation is facing a food crisis concerning malnutrition associated with overeating and unhealthy diets. Both excessive eating and unhealthy eating can endanger health. Food separates and divides in that habits of consumption, often enough, reflect differences in socioeconomic status. Greater purchasing power gives access to foods of superior... |
2003 |
| David R. Williams |
Race, Health, and Health Care |
48 Saint Louis University Law Journal 13 (Fall 2003) |
This Article provides an overview of racial and ethnic disparities in health status in the United States and describes the complex ways in which race, ethnicity and socioeconomic status (SES) combine to affect the distribution of disease. It outlines the multiple factors that contribute to racial differences in health status at equivalent levels... |
2003 |
| Barry C. Feld |
Race, Politics, and Juvenile Justice: the Warren Court and the Conservative "Backlash" |
87 Minnesota Law Review 1447 (5/1/2003) |
[C]onsiderations of race are now deeply imbedded in the strategy and tactics of politics, in competing concepts of the function and responsibility of government, and in each voter's conceptual structure of moral and partisan identity. Race helps define liberal and conservative ideologies, shapes the presidential coalitions of the Democratic and... |
2003 |
| David S. Caudill |
Race[,] Science, History, and Law |
9 Washington and Lee Race and Ethnic Ancestry Law Journal 1 (Spring 2003) |
Evolutionary psychology . . . can be used to justify every outcome. This is why [Steven] Pinker has persuaded himself that liberal democracy and current opinion about women's sexual autonomy have biological foundations. It's a scientific validation of the way we live now. But every aspect of life has a biological foundation in exactly the same... |
2003 |
| John Dwight Ingram |
Racial and Ethnic Profiling |
29 Thurgood Marshall Law Review 55 (Fall, 2003) |
Profiling is the use of a set of circumstances or characteristics that may help identify a group of people who are more likely than others to engage in certain conduct or activities. Law enforcement officials use profiling to facilitate investigations of criminals or potential criminals. When used in combination with experience, training, and... |
2003 |
| Lisa C. Ikemoto |
Racial Disparities in Health Care and Cultural Competency |
48 Saint Louis University Law Journal 75 (Fall 2003) |
The basic premise of cultural competency is that the near monoculture of the health care system interferes with the care of the growing number of patients who are not part of that culture. Cultural competence efforts aim at changing the institutional culture of health care and accompanying social services. The efforts include enabling health care... |
2003 |
| David P. Fidler |
Racism or Realpolitik? U.s. Foreign Policy and the Hiv/aids Catastrophe in Sub-saharan Africa |
7 Journal of Gender, Race and Justice 97 (Spring 2003) |
The world stood by while AIDS overwhelmed sub-Saharan Africa. Peter Piot, Executive Director of UNAIDS, July 7, 2002 Infectious disease epidemics have played important roles in the history of humankind. Historians have studied, for example, the continent-wide political, economic, and social impact of the bubonic plague--the Black Death--in... |
2003 |
| Eric Beckenhauer |
Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? |
56 Stanford Law Review 161 (October, 2003) |
Introduction. 162 I. Defining Indian in the United States: Ancestry and Blood. 164 A. Federal Definitions. 164 B. Tribal Definitions. 166 1. Blood quantum requirements.. 167 2. Descendancy requirements.. 172 C. Toward a Functional Definition of Indian Ethnicity. 174 II. Can Genetic Testing Improve Ethnic Identification?. 175 A. Prevalence of... |
2003 |
| Christopher C. Jones |
Redemption Song: an Analysis of the Reparations Movement |
33 University of Memphis Law Review 449 (Winter, 2003) |
I. L2-4,T4Introduction 450 II. L2-4,T4The History and Background of the Reparations Movement 451 A. L3-4,T4The Freedmen's Bureau 451. B. L3-4,T4Dr. Martin Luther King, Jr. 453. C. L3-4,T4Reparations in the United States for Other Injured Groups 454. 1. The Tulsa and Rosewood Race Riots. 454 2. Japanese Detainees of World War II. 456 3. Reparations... |
2003 |
| Sidney D. Watson |
Reforming Civil Rights with Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors |
9 Washington and Lee Race and Ethnic Ancestry Law Journal 13 (Spring 2003) |
Looking gaunt but determined, 59 year-old Robert Tools was introduced on August 21, 2001, as a medical miracle-the first surviving recipient of a fully implantable artificial heart. At a news conference, Tools spoke with emotion about his second chance at life and the quality of his care. His physician looked on with obvious affection, grateful and... |
2003 |
| Charles J. Ogletree, Jr. |
Repairing the Past: New Efforts in the Reparations Debate in America |
38 Harvard Civil Rights-Civil Liberties Law Review 279 (Summer, 2003) |
The reparations debate, in America and globally, has gained momentum in recent years, and it will only grow in significance over time. The claim that America owes a debt for the enslavement and segregation of African Americans has had historical currency for over 150 years. Occasionally, the call for repayment of the debt for slavery has reached a... |
2003 |
| Kathleen Dillon Narko, Bonnie McGrath |
Review of Reviews |
17-APR CBA Record 45 (April, 2003) |
There are implications of U.S. v. Microsoft, 253 F.3d 34 (D.C. Cir. 2001), that impact possible antitrust violations of Microsoft Windows XP (launched 18 months ago), according to authors Sara Stocky and Reuven Levary in a recent issue of the John Marshall Journal of Computer & Information Law. The authors examine the issue of when, in light of... |
2003 |
| David A. Weisbach |
Should Legal Rules Be Used to Redistribute Income? |
70 University of Chicago Law Review 439 (Winter 2003) |
The University of Chicago Law School has been central to the development of law and economics over the past half century. Central to law and economics is the norm by which one should judge the consequences of legal rules. The overwhelming majority of law and economics scholarship looks solely to efficiency to evaluate legal rules. The question I... |
2003 |
| Zanita E. Fenton |
Silence Compounded -- the Conjunction of Race and Gender Violence |
11 American University Journal of Gender, Social Policy and the Law 271 (2003) |
These remarks were first prepared for this conference, originally scheduled for September 13, cancelled because of the events of 9/11. I note the date because of the unfortunate irony in cancelling a conference concerning one form of violence because of the perpetration of another. This fact is perhaps the best prologue to my remarks as I prepare... |
2003 |
| Jerome M. Culp, Jr., Angela P. Harris, Francisco Valdes |
Subject Unrest |
55 Stanford Law Review 2435 (June, 2003) |
Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi. I. The... |
2003 |
| R. Richard Banks |
The Benign-invidious Asymmetry in Equal Protection Analysis |
31 Hastings Constitutional Law Quarterly 573 (Fall 2003) |
Introduction. 573 I. The Embrace of Symmetry. 575 II. Race-Neutral Alternatives. 576 III. Racial Homogeneity. 577 Conclusion. 577 |
2003 |
| Brian C. Murchison |
The Black Lung Disability Program: in Search of Due Process |
28-SPG Administrative & Regulatory Law News 8 (Spring, 2003) |
The quest for a just solution to the problem of occupational lung disease in America's coalfields is an unfinished story of development and disease, reform and bureaucracy. The most recent chapter began in the final weeks of the Clinton Administration, when a three-year rulemaking of the U.S. Department of Labor culminated in extensive new rules... |
2003 |
| Pauline T. Kim |
The Colorblind Lottery |
72 Fordham Law Review 9 (October, 2003) |
In issuing its companion decisions Grutter v. Bollinger and Gratz v. Bollinger, the Supreme Court has once again sent mixed messages about affirmative action, upholding the use of race by Michigan Law School, but striking down the University of Michigan's undergraduate admissions policies. These cases resolve a growing split among the courts of... |
2003 |
| Charles J. Ogletree, Jr. |
The Current Reparations Debate |
36 U.C. Davis Law Review 1051 (June, 2003) |
I. Reparations, Repair, and Victims' Rights. 1051 II. Defining Reparations. 1055 III. The Race-Skewed Notion of Victimhood. 1058 IV. A History of Violence. 1060 V. Accounting for the Victims. 1062 VI. Repair and Reparations. 1064 VII. Failure of Dialogue. 1066 VIII. Types of Lawsuit Available. 1070 Reparations for African Americans strike at the... |
2003 |
| Dana Page |
The Homicide by Child Abuse Conviction of Regina Mcknight |
46 Howard Law Journal 363 (Winter 2003) |
Everybody's talking about crime, crime, tell me who, who are the criminals? On May 16, 2001, a jury convicted Regina Denise McKnight of homicide by child abuse after deliberating for fourteen minutes. Regina McKnight gave birth to a stillborn baby and admitted to using crack-cocaine during her pregnancy. Regina McKnight is one of many women in... |
2003 |
| M. Gregg Bloche |
The Invention of Health Law |
91 California Law Review 247 (March, 2003) |
Introduction. 249 I. Welfare Maximization and the Enigma of Efficiency. 257 A. The Standard Story of Waste. 257 B. Moral Hazard. 260 C. The Problem of Medical Uncertainty. 266 D. Valuing the Benefits of Medical Care. 270 1. The Informed-Consent Paradigm. 271 2. Informed Consent Reconceived: The Ex Ante Approach. 272 3. The Indeterminacy of the Ex... |
2003 |
| Barbara A. Noah |
The Participation of Underrepresented Minorities in Clinical Research |
29 American Journal of Law & Medicine 221 (2003) |
The past decade witnessed unprecedented growth in medical research involving human subjects, promising the development of new treatments that extend and improve the quality of life, as well as prevent disease. Recent biomedical breakthroughs such as the mapping of the human genome, improved understanding of pharmacokinetics and molecular biology,... |
2003 |
| Christopher A. Bracey |
Thinking Race, Making Nation |
97 Northwestern University Law Review 911 (Winter 2003) |
[T]he real inequality that is produced by fortune or by law is always succeeded by an imaginary inequality that is implanted in the manners of people. - Alexis de Tocqueville We live in a race-conscious culture. As Americans, we are a nation of people who self-consciously chose to adopt a vision of society that embraced lofty ideals of individual... |
2003 |
| Quentin Pair, Bob Gough |
Tribal Partnership: Lessons Learned |
30-FALL Human Rights 17 (Fall, 2003) |
Environmental justice issues facing Native American communities often are markedly different from those confronting other low-income, minority populations, due to three primary factors: the tribes' unique status as sovereign entities; resulting government-to-government consultation requirements, and federal trust responsibilities to tribes. The... |
2003 |
| Matt Boucher |
Turning a Blind (White) Eye in Legislating Mental Health Parity: the Unmet, Overlooked Needs of the Working Poor in Racial and Ethnic Minority Communities |
19 Journal of Contemporary Health Law and Policy 465 (Spring, 2003) |
There is an eternal dispute between those who imagine the world to suit their policy, and those who correct their policy to suit the realities of the world. Albert Sorel In terms of public awareness, 1999 was a banner year for mental health in the United States. That year, then-Surgeon General David Satcher, M.D., released the first-ever... |
2003 |
| Edward Blum |
Two Hundred Ninety-four Months and Counting? |
8 Texas Review of Law and Politics 213 (Fall 2003) |
I. Introduction. 214 II. The Problem. 215 A. Black Culture. 216 B. Hispanic Culture. 220 C. Asian Culture. 222 III. The Solution. 224 IV. The Roadblock. 226 |
2003 |
| Gail B. Agrawal , Mark A. Hall |
What If You Could Sue Your Hmo? Managed Care Liability Beyond the Erisa Shield |
47 Saint Louis University Law Journal 235 (Spring 2003) |
From the bright red cover of Time Magazine to the smudged ink pages of student newspapers, headlines have trumpeted the news that you can't sue your HMO. While never literally true, the more accurate statement--a managed-care enrollee's ability to prevail in a lawsuit against a managed care organization can depend upon complex factors unrelated... |
2003 |
| William Bradford |
With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice |
27 American Indian Law Review 1 (2002-2003) |
In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... |
2003 |
| Zanita E. Fenton |
A Comment on Race and the Law |
48 Wayne Law Review 1061 (Fall, 2002) |
I applaud The Wayne Law Review for holding its 2002 Symposium on the topic of Race and the Law. The social realities of race have affected every aspect of American life in its history from personal social relationships, the formation of community, labor and business, and education, to name a few. Most important for the purpose of this Symposium... |
2002 |
| Louis Sullivan, M.D. |
A Conversation with Dr. Louis Sullivan: |
26 Nova Law Review 467 (Winter, 2002) |
What I thought I would talk about today for this midday session is the challenge, as well the promise, of addressing health disparities in the United States. By health disparities, I mean a number of things. First of all, we have as we look at various segments of our population, differences in life expectancy, differences in incidence of diseases,... |
2002 |
| Carolyn A. Mendez, MPH , Steven P. Wallace, Ph.D. |
Access to Health Care for the Vulnerable Elderly |
15-FALL NAELA Quarterly 3 (Fall, 2002) |
This work was supported in part by a grant from the University of California, California Policy Seminar Program on Access to Care. Chronic diseases-heart disease, cancer and stroke-are the leading causes of death in the United States. The hallmarks of chronic illnesses are that they are concentrated among the elderly, occur over a long time, are... |
2002 |
| Seth Schofield |
Achieving Environmental Justice Through Title Vi: Is it a Dead End? |
26 Vermont Law Review 905 (Summer, 2002) |
The Ballenger-Green Memorial Diversity Paper was established in 2001 by the Vermont Law Review to commemorate the lives of the late Chandra Ballenger '02 and Orlando Green '01, students at Vermont Law School. The Ballenger-Green Paper gives students an opportunity to explore and address issues of human diversity in the law through legal... |
2002 |
| Lisa Chiyemi Ikemoto |
Afternoon Panel: Coalition-based Strategies for Improving Health Access and Outcomes for Underserved Women Featuring Raquel Donoso, Lisa Chiyemi Ikemoto, and Latonya Slack Redefining Reproductive Freedom to Build Multicultural Coalitions |
17 Berkeley Women's Law Journal 229 (2002) |
Good afternoon. My name is Lisa Ikemoto. I've been working with a non-profit community-based organization called Asians & Pacific Islanders for Reproductive Health. The acronym is APIRH so I'm going to refer to the organization as APIRH throughout this presentation. One of the questions that I always get when I tell people about the work that I do... |
2002 |
| Latonya Slack |
Afternoon Panel: Coalition-based Strategies for Improving Health Access and Outcomes for Underserved Women Featuring Raquel Donoso, Lisa Chiyemi Ikemoto, and Latonya Slack Unheard Voices: Defining Black Women's Advocacy Agenda |
17 Berkeley Women's Law Journal 236 (2002) |
My name is Latonya Slack, and I'm the Director of the California Black Women's Health Project. We're a statewide policy advocacy organization organized to educate and improve the health of Black women and girls in the State of California through education, policy advocacy, and prevention. We are the State arm of the National Black Women's Health... |
2002 |