| Author | Title | Citation | Summary | Year |
| Dora W. Klein |
Beyond Brown V. Board of Education: the Need to Remedy the Achievement Gap |
31 Journal of Law and Education 431 (October, 2002) |
On December 6, 2001, the Sixth Circuit Court of Appeals convened en banc to hear oral arguments in the consolidated cases of Gratz v. Bollinger and Grutter v. Bollinger. While every en banc hearing is something of an unusual event, this particular en banc hearing was especially unusual because the circuit judges had voted to proceed directly from... |
2002 |
| Mary Margaret Penrose |
Beyond Observable Prejudice-- Moving from Recognition of Differences to Feasible Solutions: a Critique of Ian Ayres' Pervasive Prejudice? |
55 Oklahoma Law Review 361 (Summer, 2002) |
As a female professor working within the academic ranks of a law school, I did not have to read Ian Ayres' work, Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination, to know that the odds remain quite high that blacks and women will be subjected to greater instances of discrimination in the marketplace, in medical... |
2002 |
| Mike Castle |
Biomedical Research: a Success in Congress and in Delaware |
20-SUM Delaware Lawyer 14 (Summer, 2002) |
As we all know, too often we don't hear about good news or success stories. The nightly news and daily headlines are primarily dominated by crime and accidents, not stories about the local school crossing guard helping children or the lady who helped her elderly neighbor next door. Perhaps this is inevitable. Scandals and tragedy readily grab our... |
2002 |
| Sanjay Mody |
Brown Footnote Eleven in Historical Context: Social Science and the Supreme Court's Quest for Legitimacy |
54 Stanford Law Review 793 (April, 2002) |
In the almost half-century since Brown v. Board of Education, many legal commentators have come to regard the case as a leading example of scientific jurisprudence. The Supreme Court, according to the customary view, relied on social science evidence, cited in footnote eleven of the Brown opinion, to find that racial segregation caused social and... |
2002 |
| Spencer Overton |
But Some Are More Equal: Race, Exclusion, and Campaign Finance |
80 Texas Law Review 987 (April, 2002) |
Legal academics who call for campaign finance reform--let us call them Reformers--have overlooked the significance of race, and as a result their critiques of constitutional jurisprudence and reform proposals remain woefully incomplete. Studies reveal that people of color comprise approx-imately thirty percent of the nation's population, but... |
2002 |
| Judith B. Goodman |
Charitable Choice: the Ramifications of Government Funding for Faith-based Health Care Services |
26 Nova Law Review 563 (Winter, 2002) |
In 1996, Congress passed the federal welfare reform bill to help move millions of Americans from welfare to work. Primary in this bill is a provision, known as Charitable Choice, that authorizes faith-based organizations to compete along side secular organizations to provide a wide range of federally funded welfare, health, and social services. The... |
2002 |
| Larry EchoHawk |
Child Sexual Abuse in Indian Country: Is the Guardian Keeping in Mind the Seventh Generation? |
5 NYU Journal of Legislation and Public Policy 83 (2001-2002) |
When European settlers first came to the northeastern shore of America, they encountered the great Iroquois Confederacy. Through this contact, white men were intrigued and influenced by several principles of governance used by the Iroquois. One of these principles is reflected in a phrase that captures the spirit of the Iroquois's view toward... |
2002 |
| Cheryl I. Harris |
Critical Race Studies: an Introduction |
49 UCLA Law Review 1215 (June, 2002) |
The introduction of the Critical Race Studies concentration as a field of study at the UCLA School of Law (UCLAW) represents an important moment in the evolution of Critical Race Theory (CRT) and related scholarship. It is significant in part because the Critical Race Studies (CRS) concentration here at UCLAW is the first of its kind anywhere.... |
2002 |
| Rima J. Oken |
Curing Healthcare Providers' Failure to Administer Opioids in the Treatment of Severe Pain |
23 Cardozo Law Review 1917 (May, 2002) |
[P]ain is dehumanizing. The severer the pain, the more it overshadows the patient's intelligence. All she or he can think about is pain: there is no past pain-free memory, no pain-free future, only the pain-filled present. Pain destroys autonomy: the patient is afraid to make the slightest movement. All choices are focused on either relieving the... |
2002 |
| Wendell Lagrand |
Equality in the Doctor's Office |
1 ABA Journal E-Report 10 (5/17/2002) |
The racial issues most often addressed in the United States concern jobs, housing and education. But equal access to medical care may be as urgent as any other need. Gaps in health care have not changed in 30 years, said Annette Dula, a senior research associate at the University of Colorado in Boulder. The infant mortality rate of African-... |
2002 |
| Jennifer A. Reisch, Racheal Turner, Symposium Editors Berkeley Women's Law Journal |
Foreword |
17 Berkeley Women's Law Journal 184 (2002) |
Boalt Hall School of Law University of California at Berkeley On September 22, 2001, the Berkeley Women's Law Journal hosted a symposium exploring recent developments and emerging trends in law and policy related to women's health and access to care, entitled In Critical Condition: The State of Women's Health and Access to Care. We chose women's... |
2002 |
| Mary L. Durham |
How Research Will Adapt to Hipaa: a View from Within the Healthcare Delivery System |
28 American Journal of Law & Medicine 491 (2002) |
While the new Health Insurance Privacy and Accountability Act (HIPAA) research rules governing privacy, confidentiality and personal health information will challenge the research and medical communities, history teaches us that the difficulty of this challenge pales in comparison to the potential harms that such regulations are designed to avoid.... |
2002 |
| Clark C. Havighurst |
How the Health Care Revolution Fell Short |
65-AUT Law and Contemporary Problems 55 (Autumn 2002) |
Although they appeared to slow the rate of health care cost increases in the 1990s, the health plans that emerged in the marketplace in the managed care era generally disappointed early supporters of the health care revolution. Most of those reformers envisioned a future in which health maintenance organizations (HMOs) and other hoped-for... |
2002 |
| Lars Noah |
Informed Consent and the Elusive Dichotomy Between Standard and Experimental Therapy |
28 American Journal of Law & Medicine 361 (2002) |
A rich academic literature exists about issues of informed consent in medical care, and, to a lesser extent, about a variety of issues posed by human experimentation. Most commentators regard patient autonomy as a desirable though in practice often unattainablegoal, and near unanimity exists about the necessity for even fuller disclosure before... |
2002 |
| Michelle Adams |
Intergroup Rivalry, Anti-competitive Conduct and Affirmative Action |
82 Boston University Law Review 1089 (December, 2002) |
Introduction. 1090 I. Competition: Race Relations and Social Structural Theories of Intergroup Racial Conflict. 1096 A. Social Identity Theory: The Importance of Group Membership. 1100 B. Related Theories of Intergroup Relations: The Realistic-Group-Conflict and Group Position Theories. 1104 C. Striving for Synthesis: Social Dominance Theory. 1107... |
2002 |
| Vernellia R. Randall |
Introduction to the Vienna Declaration and Program of Action |
8 Washington and Lee Race and Ethnic Ancestry Law Journal 7 (Spring, 2002) |
The Vienna Declaration and Program of Action was the result of a historical meeting of Africans and African descendants that took place on April 28 to 29, 2001 in Vienna, Austria. At that time about 135 African and African-descendant non-governmental organizations and individuals gathered to plan for the third United Nation World Conference Against... |
2002 |
| Kathy L. Cerminara |
Introduction: Health Care in the 21st Century: Cost, Quality, and Access in the New Millennium |
26 Nova Law Review 397 (Winter, 2002) |
Everyone requires health care at some point during his or her lifetime, and the law increasingly regulates the cost, quality, and access to such health care. Through the 2001 Goodwin Seminar, Nova Southeastern University's Shepard Broad Law Center examined health care in the twenty-first century by adopting an interdisciplinary approach, focusing... |
2002 |
| Marshall Breger , Riccardo Pozzo |
Introductory Remarks |
18 Journal of Contemporary Health Law and Policy 583 (Fall 2002) |
The difference between the German and the American approach to health care is grounded in each nation's concept of state responsibility. Germany has provided its citizens universal access since the late nineteenth century, while the United States, until recently, has relied on individual initiative and voluntary assistance. The conference on The... |
2002 |
| Emily J. Schaffer |
Is the Fox Guarding the Henhouse? Who Makes the Rules in American Nutrition Policy? |
57 Food & Drug Law Journal 371 (2002) |
In December 1999, a collection of individuals and public interest groups, headed by the Physicians Committee for Responsible Medicine (PCRM), filed suit against Dan Glickman, Secretary of the United States Department of Agriculture (USDA), Donna Shalala, Secretary of the Department of Health and Human Services (DHHS), and Cutberto Garza, Chairman... |
2002 |
| Sylvia Law |
Keynote Address: Patients' Rights Without Health Rights? |
17 Berkeley Women's Law Journal 188 (2002) |
Today I argue that rights are both tremendously important, particularly for vulnerable people, and, at the same time, often promise more than they deliver. Most of my talk examines the federal Patients' Bill of Rights dispute that has dominated federal attention to health care since the defeat of the Clinton Health Security proposal in 1993. While... |
2002 |
| Peggy Maisel |
Lessons from the World Conference Against Racism: South Africa as a Case Study |
81 Oregon Law Review 739 (Fall 2002) |
It is difficult to get people to remember, let alone focus on the accomplishments and ongoing challenges that emerged during the United Nations sponsored World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (the WCAR) held just over a year ago in Durban, South Africa. The reason is simple: that conference... |
2002 |
| Mark A. Hall, Roger Anderson, Rajesh Balkrishnan, Steven R. Feldman, Alan B. Fleischer, Jr., David Goff, William Moran |
Measuring Medical Practice Patterns: Sources of Evidence from Health Services Research |
37 Wake Forest Law Review 779 (Fall 2002) |
The prevailing approach for establishing the legal standard of care in medical malpractice litigation is for competing expert witnesses to testify based on their impressions and experience. Health services research is a field that includes the objective and scientific documentation of physician behavior. The data sources and research techniques of... |
2002 |
| Vicki Lawrence MacDougall |
Medical Gender Bias and Managed Care |
27 Oklahoma City University Law Review 781 (Fall 2002) |
I. Introduction II. A Wrong Without a Remedy A. Constitutional Attacks 1. Section 1985 2. The Equal-Protection Clause B. Personal Injury Actions 1. Medical Negligence Actions 2. The Doctrine of Informed Consent C. Legislation III. Medical Gender Bias A. The Genesis of Gender Bias B. The Gender Gap in Modern Medicine 1. Medical and Scientific... |
2002 |
| Lars Noah |
Medicine's Epistemology: Mapping the Haphazard Diffusion of Knowledge in the Biomedical Community |
44 Arizona Law Review 373 (Summer 2002) |
The state of med[i]cine is worse than that of total ignorance. Could we divest ourselves of every thing we suppose we know in it, we should start from a higher ground [and] with fairer prospects. Thomas Jefferson I presume nobody will question the existence of a widespread popular delusion that every doctor is a man of science. . .. As a matter of... |
2002 |
| Beth Mellen Harrison |
Mental Health Parity |
39 Harvard Journal on Legislation 255 (Winter, 2002) |
On March 15, 2001 Senators Pete Domenici (R-N.M.) and Paul Wellstone (D-Minn.) introduced Senate Bill 543, the Mental Health Equitable Treatment Act of 2001 (MHETA), a measure that would require group health insurance plans to provide benefits for mental health services equal to those offered for medical and surgical services. The proposal... |
2002 |
| Leslie Pickering Francis |
Moral Principles and Legal Practice |
35 Indiana Law Review 989 (2002) |
In Matters of Life and Death, David Orentlicher pursues a glorious subject: a moral theory for the translation of moral principles into moral practice. Such a theory would contribute to a central debate in applied ethics about the plausibility and structure of what is called principlism. Not surprisingly, principlists contend that moral... |
2002 |
| Lauren Sorrentino |
Morning Panel: Recent Trends and Policy Developments at State & National Levels Featuring Marjorie Shultz, Lauren Sorrentino, and Susan Berke Fogel |
17 Berkeley Women's Law Journal 209 (2002) |
Before I begin, I want to apologize on behalf of Sharon Levin. She very much wanted to be here today. But I also want to make clear that while I am going to cover some similar topics and draw your attention to a National Women's Law Center resource before I start talking about reproductive rights, I am not speaking on behalf of the National Women's... |
2002 |
| Tanya Katerí Hernández |
Multiracial Matrix: the Role of Race Ideology in the Enforcement of Antidiscrimination Laws, a United States-latin America Comparison |
87 Cornell Law Review 1093 (July, 2002) |
This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernández demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and... |
2002 |
| Barbara Plantiko |
Not-so-equal Protection: Securing Individuals of Limited English Proficiency with Meaningful Access to Medical Services |
32 Golden Gate University Law Review 239 (Spring 2002) |
Y entonces, coléricos, nos desposeyeron, nos arrebataron lo que habíamos atesorado: la palabra, que es el arca de la memoria. Language discrimination takes many forms in the United States. It occurs directly when individuals are expressly forbidden to speak a language other than English, such as in employment situations where English-only... |
2002 |
| Richard F. Storrow |
Parenthood by Pure Intention: Assisted Reproduction and the Functional Approach to Parentage |
53 Hastings Law Journal 597 (March, 2002) |
Assisted reproduction is widely used in this country and around the world to help couples and single persons procreate where procreation by sexual intercourse has failed or is not desired. Assisted reproduction refers to methods of achieving pregnancy other than coitus. Such methods include (1) intrauterine insemination; (2) donation of eggs; (3)... |
2002 |
| Michele Goodwin |
Race & Urban Health: Confronting a New Frontier |
5 DePaul Journal of Health Care Law 181 (Summer 2002) |
Scholars from across the country have recently been involved with the Health Law Institute at the DePaul University College of Law as we begin to critically study the implications of urban health care issues in America. We recognize that those who live and work in urban environments face an array of unique health and access problems and that those... |
2002 |
| Vernellia R. Randall |
Racial Discrimination in Health Care in the United States as a Violation of the International Convention on the Elimination of All Forms of Racial Discrimination |
14 University of Florida Journal of Law and Public Policy 45 (Fall, 2002) |
I. L2-3,T3Introduction 46. II. L2-3,T3International Convention on the Elimination of All Forms of Racial Discrimination 47. III. L2-3,T3Racial Disparity in Health Status of the U.S. Population 51. IV. L2-3,T3Institutional Racism and Racial Discrimination in the U.S. Health Care System 53. A. Lack of Economic Access to Health Care. 54 B. Barriers to... |
2002 |
| Spencer Overton |
Racial Disparities and the Political Function of Property |
49 UCLA Law Review 1553 (June, 2002) |
Race theorists note that racial discrimination has shaped the existing distribution of economic resources, and use this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property... |
2002 |
| Charles Sullivan |
Racial Distinctions in Medicine |
5 DePaul Journal of Health Care Law 249 (Summer 2002) |
Cognitive dissonance is a wonderful thing. For years, there has been intense concern about racial discrimination in health care--ranging from the infamous Tuskegee study to questions of equal access to medical care. In the process, enormous amounts of data have been generated about the health and treatment of various segments of the American... |
2002 |
| James McGrath |
Raising the "Civilized Minimum" of Pain Amelioration for Prisoners to Avoid Cruel and Unusual Punishment |
54 Rutgers Law Review 649 (Spring 2002) |
This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms... |
2002 |
| Catherine Powell, Jennifer H. Lee |
Recognizing the Interdependence of Rights in the Antidiscrimination Context Through the World Conference Against Racism |
34 Columbia Human Rights Law Review 235 (Fall 2002) |
A major theme embraced at the United Nations Third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) in Durban in 2001 was the principle that human rights are interdependent. The notion that civil and political rights depend on economic, social, and cultural rights (and vice versa) is implied in the... |
2002 |
| Michael S. Shin |
Redressing Wounds: Finding a Legal Framework to Remedy Racial Disparities in Medical Care |
90 California Law Review 2047 (December, 2002) |
Introduction. 2049 I Racial and Ethnic Inequalities in Medical Care. 2052 A. Racial Differences in Health Status. 2053 B. Racial Differences in Medical Treatment. 2054 1. Evidence of Racial Differences in Medical Treatment. 2055 a. Surgery and Medical Procedures. 2056 b. Pain Treatment and Outpatient Care. 2057 2. Possible Socioeconomic and... |
2002 |
| Michele Goodwin |
Rethinking Legislative Consent Law? |
5 DePaul Journal of Health Care Law 257 (Summer 2002) |
Each act of giving is unique, secret, spontaneous and inexplicable. There is no accounting for it, as there is no value in counterfeit coin. Transplantation cannot escape the income-based inequities that permeate the larger medical care system. Carlos M. Gudino appeared twice in the Los Angeles Times Newspaper. The first time was a kind of turning... |
2002 |
| W. Bradley Wendel |
Teaching Ethics in an Atmosphere of Skepticism and Relativism |
36 University of San Francisco Law Review 711 (Spring 2002) |
AS ANY TEACHER of applied ethics knows, the project of teaching values in professional school encounters predictable resistance from students. At some point in most professional ethics courses, some student adopts a cynical stance and demands that the teacher defend the entire enterprise of moral reasoning against the challenges of skepticism,... |
2002 |
| Susan L. Waysdorf |
The Aging of the Aids Epidemic: Emerging Legal and Public Health Issues for Elderly Persons Living with Hiv/aids |
10 Elder Law Journal 47 (2002) |
As the elderly population continues to grow, so does a subgroup of that population--elderly persons living with HIV infection and AIDS. In her article, Professor Waysdorf, a nationally recognized AIDS law expert who has taught, published, and practiced in this area for over a decade, introduces statistics and studies that show just how quickly the... |
2002 |
| Goodwin Liu |
The Causation Fallacy: Bakke and the Basic Arithmetic of Selective Admissions |
100 Michigan Law Review 1045 (March, 2002) |
Last Term, the Supreme Court turned down two invitations to resolve the constitutionality of affirmative action in college and university admissions. In May 2001, the Court for the second time declined to review a Fifth Circuit decision holding that the use of racial preferences to achieve diversity in the student body serves no compelling... |
2002 |
| Lars Noah |
The Coming Pharmacogenomics Revolution: Tailoring Drugs to Fit Patients' Genetic Profiles |
43 Jurimetrics Journal 1 (Fall, 2002) |
ABSTRACT: The opportunity for increased precision in pharmaceutical therapy will represent one of the important legacies of the Human Genome Project. Medical researchers have long suspected that genetic differences account for some of the variability in patient response to drugs, but now they hope that the identification of single nucleotide... |
2002 |
| Christopher A. Richardson |
The Community Reinvestment Act and the Economics of Regulatory Policy |
29 Fordham Urban Law Journal 1607 (April, 2002) |
The Community Reinvestment Act of 1977 (CRA) represents an attempt to shape the economic and social condition of communities by altering the economic policies of depository institutions. The CRA was passed to discourage disinvestment in urban, typically minority areas and to ensure that all communities, regardless of their economic or demographic... |
2002 |
| Kenneth Williams |
The Death Penalty: Can it Be Fixed? |
51 Catholic University Law Review 1177 (Summer, 2002) |
In 1997, the American Bar Association called for a moratorium on the death penalty. Since then, calls for a moratorium have been widespread; those urging a moratorium include a current United States Supreme Court Justice, a former President of the United States, several major newspapers, and numerous political and religious leaders. Calls for a... |
2002 |
| Mark Lloyd |
The Digital Divide and Equal Access to Justice |
24 Hastings Communications and Entertainment Law Journal (COMM/ENT) 505 (Summer 2002) |
I. Introduction. 505 II. The Problem: Providing Needed Legal Services to Most Americans. 507 A. Millions of Disconnected Americans. 508 B. Federal Support for the Poor in Civil Cases. 509 C. Pro Bono Services. 510 D. The Inadequacy of Constitutional Protections. 511 E. Let the Market Decide?. 515 III. Considerations of Technology and Equal... |
2002 |
| Gerard Magill, Ph.D. |
The Ethics Weave in Human Genomics, Embryonic Stem Cell Research, and Therapeutic Cloning: Promoting and Protecting Society's Interests |
65 Albany Law Review 701 (2002) |
This essay discusses a value-based connection between the emerging technologies of human genomics, embryonic stem cell research, and therapeutic cloning. The analysis presents what is described as an ethics weave to highlight the value-based connection between today's major forms of bioengineering. The argument is that human life constitutes the... |
2002 |
| Linda Reneé Baker |
The Government's Role in Health Care Delivery |
11 Annals of Health Law 73 (2002) |
Funding agent. Insurer. Researcher. Motivator. Educator. Monitor. Regulator. Advisor. Each of these terms describes the various roles of government in health care delivery. With the tragic events of September 11 when New York City and Washington, D.C. were the targets of terrorist attacks, many people have raised questions about the status of... |
2002 |
| Thomas A. Gionis , Carlos A. Camargo, Jr. , Anthony S. Zito, Jr. |
The Intentional Tort of Patient Dumping: a New State Cause of Action to Address the Shortcomings of the Federal Emergency Medical Treatment and Active Labor Act (Emtala) |
52 American University Law Review 173 (October, 2002) |
Introduction. 175 I. The Basis for Patient Dumping. 181 A. Congressional Background. 181 B. Incentive to Dump Patients. 184 C. Epidemiologic Basis of Patient Dumping. 190 1. Harvard Medical School Study. 191 2. Cook County Hospital Study. 192 3. National Association of Public Hospitals Study. 193 D. Persistence of Patient Dumping. 194 1. The... |
2002 |
| Barbara A. Noah |
The Invisible Patient |
2002 University of Illinois Law Review 121 (2002) |
[F]or all of the transformations wrought by the masterful new engines of medicine and by their multitudinous varieties of fuel, there is one singular ingredient of the art of healing that should not be allowed to vanish. That ingredient, so basic and so changeless, is a relationship; it takes place in the quiet surroundings of the sickroom or in... |
2002 |
| Gina M. Van Detta, P.G. |
The Select Steel Analytic Shortcut: an Outcome-predictive Analytic Model Exposes the Flaws of the Select Steel Approach to Title Vi |
25 North Carolina Central Law Journal 1 (Fall 2002) |
I. IS THERE JUSTICE FOR ENVIRONMENTAL RACISM?. 5 A. Environmental Racism: A Pervasive Problem That Perpetuates This Country's Troubled Race-Relations History Into the 21 Century. 7 B. Causation More Difficult Under Title VI: No Justice for Environmental Racism. 8 C. Author's FOIA Analysis of Title VI Complaints Filed with the EPA 1993- 2000: What... |
2002 |