| Author | Title | Citation | Summary | Year |
| David A. Hyman , Charles Silver |
You Get What You Pay For: Result-based Compensation for Health Care |
58 Washington and Lee Law Review 1427 (Fall, 2001) |
I. L2-5,T5Introduction 1428 II. L2-5,T5The Crisis of Quality in American Medicine 1431 A. L3-5,T5The Quality of Health Care in the United States 1432 B. L3-5,T5Quality Can Improve: The Cases of Surgical Anesthesia and Coronary Artery Bypass Grafting 1434 1. L4-5,T5Surgical Anesthesia 1434. 2. L4-5,T5Coronary Artery Bypass Grafting (CABG) 1437. III.... |
2001 |
| Tobi T. Bromfield |
Your Dna Is Your Resume: How Inadequate Protection of Genetic Information Perpetuates Employment Discrimination |
7 Washington and Lee Race and Ethnic Ancestry Law Journal 117 (Spring, 2001) |
Genetic testing, the new Pandora's Box of medical knowledge, cannot be greeted with full embrace. While genetic testing is useful for indicating the number of persons likely to contract a known disorder, potential harm exists when identified groups which carry a presently known genetic disease are singled out. This technology's youth and potential... |
2001 |
| Rosalind R. Ray |
75th Annual National Bar Convention & Sixth Quadrennial Black Congress on Health, Law & Economics |
14-NOV NBA National Bar Association Magazine 13 (October/November, 2000) |
Equality of political opportunity and freedom for the individual to do as he likes are salient characteristics of democracy. With the above thoughts in mind, the National Bar Association's choice of Washington, D.C. for its 75th Annual Convention was excellent. President Harold D. Pope provided the leadership that ushered the National Bar... |
2000 |
| Jeffrey A. McDaniel |
A Decent Proposal? Fundamental Fairness in an "Un-commercial" Organ System |
19 Journal of Law and Commerce 327 (Spring, 2000) |
Consider the following situations: A 65-year old grandmother requires a kidney transplant due to premature failure of her own. She is a resident of Arizona and qualifies for Medicaid, the federally subsidized health care plan for low-income patients. Although her health is deteriorating, she is an ideal candidate for a kidney transplant. Her... |
2000 |
| Tsering Gellek |
A New Paradigm of Development |
24-FALL Fletcher Forum of World Affairs 189 (Fall, 2000) |
That development should be measured by a more sophisticated analytical tool than simple measurements of GNP is certainly not a novel idea, nor critique, of development economics. What sets Amartya Sen's Development as Freedom apart from others in the development field is his deceptively simple argument: Economic development expands the range of... |
2000 |
| Harlan Hahn |
Accommodations and the Ada: Unreasonable Bias or Biased Reasoning? |
21 Berkeley Journal of Employment and Labor Law 166 (2000) |
Among the cleavages marked by gender, age, race or ethnicity, and sexual orientation that divide members of modern society, perhaps few schisms have produced more superficial agreement--and more covert conflict--than the faint, wavering, but ineluctable line that separates self-identified persons with disabilities and the dominant or supposedly... |
2000 |
| Barbara A. Noah |
Adverse Drug Reactions: Harnessing Experiential Data to Promote Patient Welfare |
49 Catholic University Law Review 449 (Winter 2000) |
A wise man should consider that health is the greatest of human blessings, and learn how by his own thought to derive benefit from his illnesses.-- Hippocrates In the last two years, five prescription drugs have been withdrawn from the market and several others have been the subject of intensified warnings to physicians and consumers, all due to... |
2000 |
| James Thomas Tucker |
Affirmative Action and [Mis]representation: Part I - Reclaiming the Civil Rights Vision of the Right to Vote |
43 Howard Law Journal 343 (Spring 2000) |
Voting is the foundation stone for political action. With it the Negro can eventually vote out of office public officials who bar the doorway to decent housing, public safety, jobs, and decent integrated education. It is now obvious that the basic elements so vital to Negro advancement can only be achieved by seeking redress from government at... |
2000 |
| Andre L. Smith |
Consumer Boycotts Versus Civil Litigation: a Rudimentary Efficiency Analysis |
43 Howard Law Journal 213 (Winter 2000) |
Consumer boycotts should be used by black people as a means of achieving economic justice. Boycotts are an effective means by which a group of people can influence the behavior of others through their power in the marketplace. Non-violent direct action, in the form of consumer boycotts, seeks to create such a crisis and foster such a tension... |
2000 |
| Barbara Stark |
Deconstructing the Framers' Right to Property: Liberty's Daughters and Economic Rights |
28 Hofstra Law Review 963 (Summer 2000) |
[E]verything I know of my family comes from that time when I steeped myself in land transfers, sea logs and records of hogsheads of molasses and rum. . . . [That] set in motion a hunger for connectedness, a belief that with sufficient passion and intelligence we can deconstruct the barriers of time and geography. Bharati Mukherjee I. Introduction.... |
2000 |
| Staci Jeanne Krupp |
Environmental Hazards: Assessing the Risk to Women |
12 Fordham Environmental Law Journal 111 (Fall 2000) |
Despite the fact that women are particularly vulnerable to environmental hazards, governmental regulations provide women with little protection. Although federal environmental regulators use risk assessments as a tool to protect vulnerable populations, their value is questionable when it comes to protecting women's unique susceptibilities to... |
2000 |
| Sean Walsh , Kristin Shrader-Frechette |
Environmental Justice and Procedural Safeguards: the Ethics of Environmental Restoration |
42 Arizona Law Review 525 (Summer, 2000) |
Several decades ago, Nathan Hare, editor of The Black Scholar and author of The Black Anglo-Saxons, wrote that the interests of environmentalists and blacks stand in contradiction to each other. He accused those interested in environmental restoration of being focused only on physical and chemical pollution and aesthetic conditions, when they... |
2000 |
| Michael Selmi |
Family Leave and the Gender Wage Gap |
78 North Carolina Law Review 707 (March, 2000) |
In this Article, Professor Selmi argues that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men so that their labor force patterns become more similar to women's. Professor Selmi begins the Article by analyzing the latest data and concludes that the gender pay gap reflects women's actual... |
2000 |
| Linda C. McClain ; and James E. Fleming |
Foreword: Legal and Constitutional Implications of the Calls to Revive Civil Society |
75 Chicago-Kent Law Review 289 (2000) |
This symposium addresses legal and constitutional implications of the calls to revive or renew civil society (a realm between the individual and the state, including the family and religious, civic, and other voluntary associations). Calls to revive or renew civil society are prominent in political and legal discourse. The erosion or disappearance... |
2000 |
| Barclay D. Beery |
From Aspiration to Arrogance and Back: the Once and Future Role of "Equal Employment Opportunity" under Title Vii |
34 Valparaiso University Law Review 435 (Summer, 2000) |
Of course it's not true. Of course it never will be true. But I challenge anybody to tell me that it isn't the type of goal we should try to get to as fast as we can. - Thurgood Marshall . . . the others you will meet. They won't act as kindly if they see you on the street. - Donald Fagen and Walter Becker Our grandson, Jack, has come over to visit... |
2000 |
| Dan Subotnik |
Goodbye to the Sat, Lsat? Hello to Equity by Lottery? Evaluating Lani Guinier's Plan for Ending Race Consciousness |
43 Howard Law Journal 141 (Winter 2000) |
What destiny awaits us if nearly 80 percent of our youngsters in Denver fail the fourth grade reading tests, as they did last year? Hugh Price The more books you read, the more stupid you become. Mao Zedong Two beggars are standing across from the university in pre-World War II Berlin. The atmosphere is repressive, even hateful, though not yet... |
2000 |
| Sidney D. Watson, J.D. , Macon, Georgia |
Health Care Divided: Race and Healing a Nation |
21 Journal of Legal Medicine 601 (December, 2000) |
Race matters. Raceparticularly racial segregationcasts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America's abysmal health status, among the worst of the... |
2000 |
| Rev. Robert John Araujo, S.J. |
Justice as Right Relationship: a Philosophical and Theological Reflection on Affirmative Action |
27 Pepperdine Law Review 377 (April, 2000) |
Justice, and only justice, you shall pursue. [C]ease to do evil, learn to do good; seek justice .. For justice, we must go to Don Corleone. Justice. Lawyers, judges, law students, and many members of the public often use the term. Its meaning is generally understood throughout the legal profession, the bench, and the lay communityor so it... |
2000 |
| Elizabeth Hull |
Out on a Lonely Limb: the Piscataway Board of Education's Fight for Educational Diversity |
2000 Law Review of Michigan State University Detroit College of Law 407 (Summer, 2000) |
L1-2Introduction 407. I. Two Qualified Teachers, One Available Slot. 408 II. Litigation Strategies. 413 III. The Third Circuit Speaks. 417 IV. Bakke and Its Aftermath. 426 V. The Erosion of Bakke. 434 V1. The Benefits of Diversity. 439 VII. Diversity: Compelling But Not Problem-Free. 449 L1-2Conclusion 454. For supporters of affirmative action,... |
2000 |
| Kathryn L. Moore |
Partial Privatization of Social Security: Assessing its Effect on Women, Minorities, and Lower-income Workers |
65 Missouri Law Review 341 (Spring, 2000) |
C1-5Table of Contents I. L2-4Introduction 342 II. L2-4How Partial Privatization Differs from the Current System 346 A. L3-4Investment Risk 347 B. L3-4Pre-funding of Benefits 348 III. L2-4Effect of Partial Privatization on At-Risk Beneficiaries 352 A. L3-4Investment Risk 353 1. Investment Experience. 354 2. Risk Aversion. 357 3. Investment... |
2000 |
| Sherrilyn A. Ifill |
Racial Diversity on the Bench: Beyond Role Models and Public Confidence |
57 Washington and Lee Law Review 405 (Spring, 2000) |
The lack of racial diversity on our nation's courts threatens both the quality and legitimacy of judicial decision-making. Traditional arguments emphasizing the role model value of black judges and the need for black judges to help promote public confidence in the justice system have turned our attention away from the most important... |
2000 |
| Henry Ramsey, Jr. |
Response to Dean Herma H. Kay's Affirmative Action Paper |
34 Indiana Law Review 87 (2000) |
Let me follow Dean Herma Hill Kay's lead and also share some experiences from my early childhood. Like Dean Kay, I was born in South Carolina in 1934. At the age of three months, however, I was adopted and taken from Florence, South Carolina to Rocky Mount, North Carolina, where I lived until age seventeen and my enlistment in the U.S. Air Force. I... |
2000 |
| Richard Delgado , Noah Markewich |
Rodrigo's Remonstrance: Love and Despair in an Age of Indifference-- Should Humans Have Standing? |
88 Georgetown Law Journal 263 (January, 2000) |
Professor, is that you? The familiar voice from behind me gave me quite a start. Wheeling around so suddenly that my cart almost collided with that of an oncoming shopper, a young woman who smiled at me indulgently, I sputtered, Rodrigo! What are you doing here? The tall, smiling youth stepped out from behind his cart, shook my hand warmly, and... |
2000 |
| Linda S. Gottfredson , University of Delaware |
Skills Gaps, Not Tests, Make Racial Proportionality Impossible |
6 Psychology, Public Policy, And Law 129 (March, 2000) |
Recent bans on racial preferences in some states have increased the political pressure to abandon cognitive testing to raise rates of minority hiring and college admissions. However, general skills gaps, not tests, are the major remaining impediment to racial parity in outcomes. Data on the size, stability, and functional importance of racial gaps... |
2000 |
| Dorothy A. Brown , Karen C. Burke , Grayson M.P. McCouch |
Social Security Reform: Risks, Returns, and Race |
9 Cornell Journal of Law & Public Policy 633 (Spring 2000) |
Social security is the largest single federal social program. It covers almost all American workers, and provides benefits for retired or disabled workers as well as their dependents and survivors. Today, most retired workers depend on social security benefits as their principal source of income. One of the program's most important achievements has... |
2000 |
| Kim Forde-Mazrui |
The Constitutional Implications of Race-neutral Affirmative Action |
88 Georgetown Law Journal 2331 (August, 2000) |
C1-5Table of Contents L1-3Introduction 2332 I. L2-4The (Unseen) Writing on the Wall: The Unconstitutionality of Affirmative Action by Any Means? 2337 A. L3-4IMPLICATIONS OF STRICT SCRUTINY FOR BENIGN RACIAL CLASSIFICATIONS: THE CASE OF AFFIRMATIVE ACTION IN HIGHER EDUCATION 2339 B. L3-4THE UNCERTAIN TREND TOWARD RACE-NEUTRAL AFFIRMATIVE ACTION 2346... |
2000 |
| Dorothy E. Roberts |
The Paradox of Silence: Some Questions about Silence as Resistance |
33 University of Michigan Journal of Law Reform 343 (Spring 2000) |
Professor Margaret Montoya's article Silence and Silencing: Their Centripetal and Centrifugal Forces in Legal Communication, Pedagogy and Discourse is a fascinating exploration of the many possible interpretations of silence in legal arenas and discourse. Tapping a rich literature on silence, Professor Montoya demonstrates that silence has many... |
2000 |
| Dorothy E. Roberts |
The Paradox of Silence: Some Questions about Silence as Resistance |
5 Michigan Journal of Race and Law 927 (Summer 2000) |
Professor Margaret Montoya's article Silence and Silencing: Their Centripetal and Centrifugal Forces in Legal Communication, Pedagogy and Discourse is a fascinating exploration of the many possible interpretations of silence in legal arenas and discourse. Tapping a rich literature on silence, Professor Montoya demonstrates that silence has many... |
2000 |
| Brooks E. Allen |
The Price of Reform: Cost-sharing Proposals for the Medicare Home Health Benefit |
17 Yale Journal on Regulation 137 (Winter, 2000) |
Faced with an impending Medicare crisis, scholars and policymakers have advanced a variety of proposals for reforming the program. This Note critically examines one proposed solution that draws on an established technique of health policy and insurance--beneficiary cost-sharing--to reduce expenditures in the rapidly-growing Medicare home health... |
2000 |
| Heather K. Aeschleman |
The White World of Nursing Homes: the Myriad Barriers to Access Facing Today's Elderly Minorities |
8 Elder Law Journal 367 (2000) |
In this note, Ms. Aeschleman explores the cultural, social, and economic barriers faced by elderly minorities in need of nursing home care. Ms. Aeschleman argues that minority elders face greater economic barriers to nursing home access than Whites because of factors such as lower average incomes and a lack of access to and assistance with... |
2000 |
| Richard Delgado |
Toward a Legal Realist View of the First Amendment |
113 Harvard Law Review 778 (January, 2000) |
Nearly three-quarters of a century ago, legal realism swept aside what Roscoe Pound called mechanical jurisprudence, paving the way for a host of movements--law and society, critical legal studies (CLS), feminist legal theory, and critical race theory, to name a few--that broadened our concept of law, generally for the better. The one area that... |
2000 |
| Bradley W. Joondeph |
A Second Redemption? |
56 Washington and Lee Law Review 169 (Winter, 1999) |
The court-ordered desegregation of America's public schools is nearly over. In the last ten years, an increasing number of federal district courts have relinquished jurisdiction over formerly segregated school districts and returned control to local officials. Consequently, scores of school districts have abandoned desegregation plans and returned... |
1999 |
| Alfreda A. Sellers Diamond |
Constitutional Comparisons and Converging Histories: Historical Developments in Equal Educational Opportunity under the Fourteenth Amendment of the United States Constitution and the New South African Constitution |
26 Hastings Constitutional Law Quarterly 853 (Summer 1999) |
I. Introduction: Convergence and Divergence in American and South African Histories: A Context for Current Discussions on Race. 854 II. The First Point of Convergence: Understanding the Social Construction of Race as the Basis for Racial Classification Laws. 862 III. Separate and Unequal: The Education of African-American Children from 1896-1954.... |
1999 |
| Nina J. Crimm |
Core Societal Values Deserve Federal Aid: Schools, Tax Credits, and the Establishment Clause |
34 Georgia Law Review 1 (Fall, 1999) |
C1-5CONTENTS L1-5 L1-4,T4introduction 4 L1-5 I. L2-4,T4education as a Core Societal Value 15 A. L3-4,T4THE ESTABLISHMENT OF SCHOOLS 15. B. L3-4,T4REFORMATION OF EDUCATIONAL POLICY: A FOCUS ON EQUAL EDUCATION IN PUBLIC SCHOOL SYSTEMS 23. C. L3-4,T4OTHER INDICATORS OF SOCIETY'S VALUE OF EDUCATION 32. 1. Compensation. 32 2. Opinion Polls. 32 3.... |
1999 |
| Sylvia R. Lazos Vargas |
Democracy and Inclusion: Reconceptualizing the Role of the Judge in a Pluralist Polity |
58 Maryland Law Review 150 (1999) |
Introduction. 152 I. Majority-Minority Conflict Cases: The Problem of Epistemological Privileging. 160 A. Race-Based Epistemologies and Antidiscrimination Doctrine. 161 1. Conscious versus Unconscious Discrimination. 169 2. Intentional versus Negligent Discrimination. 171 3. Individual Autonomous Acts versus Socially Constructed Actors. 173 4.... |
1999 |
| Stephanie Tai |
Environmental Hazards and the Richmond Laotian American Community: a Case Study in Environmental Justice |
6 Asian Law Journal 189 (May, 1999) |
Dry cleaning, subsistence fishing, textile manufacturing, and microelectronics assembling all share a common thread: large numbers of Asian Pacific Americans work in these occupations. Furthermore, many Asian Pacific Americans, especially newly arrived refugees, live in neighborhoods with a disproportionately high number of industrial facilities.... |
1999 |
| Samara F. Swanston |
Environmental Justice and Environmental Quality Benefits: the Oldest, Most Pernicious Struggle and Hope for Burdened Communities |
23 Vermont Law Review 545 (Spring, 1999) |
This Essay argues that environmental quality benefits are a component of the environmental justice struggle that can help mitigate the degradation for burdened communities. Part I argues that the environmental justice movement is not new because people of color sought, or went to court to seek, environmental quality benefits or environmental... |
1999 |
| Mark Tushnet |
Foreword: the New Constitutional Order and the Chastening of Constitutional Aspiration |
113 Harvard Law Review 29 (November, 1999) |
We've reached a point where Congress does not affect anyone's life, so we look at it as entertainment. -- Jay Leno The decade of the 1990s saw a wave of constitutional transformations around the world. The most dramatic constitutional changes have involved the overthrow of totalitarian governments. No less important have been transformations that... |
1999 |
| Melissa M. Perry |
Fragmented Bodies, Legal Privilege, and Commodification in Science and Medicine |
51 Maine Law Review 169 (1999) |
I. Introduction: Law, Science, and Commodification of the Body. 170 II. The Rise of the Medical Profession. 175 A. The Professional Authority of Science and Medicine. 175 B. The Origins of Social Transformation: Physician Versus Quack. 176 C. The Discourse of Progress in Science and Medicine. 180 D. The Aesthetics of Science and Medicine. 180 E.... |
1999 |
| Thomas J. Sugrue |
Gratz, et Al. V. Bollinger, et Al., No. 97-75 3 21 (E.d. Mich.)Grutter, et Al. V. Bollinger, et Al., No. 97-75928 (E.d. Mich.) |
5 Michigan Journal of Race and Law 261 (Fall 1999) |
I. Statement Of Qualifications. 262 II. Information Considered In Forming Opinions. 263 III. Other Expert Testimony; Compensation. 263 IV. Summary And Conclusions. 263 V. Introduction. 265 VI. Racial Patterns In The United States. 266 VII. Racial Patterns In Michigan. 268 VIII. Separate Worlds: Residential Segregation and Racial Isolation. 274... |
1999 |
| Eric Foner |
Gratz, et Al. V. Bollinger, et Al., No. 97-75321 (E.d. Mich.)Grutter, et Al. V. Bollinger, et Al., No. 97-75928 (E.d. Mich.) |
5 Michigan Journal of Race and Law 311 (Fall 1999) |
I am currently the DeWitt Clinton Professor of History at Columbia University. I have been a faculty member in the Columbia Department of History since 1982. Before that, I served as a Professor in the Department of History of City College and Graduate Center at City University of New York from 1973-1982. I have written extensively on issues of... |
1999 |
| Lucinda M. Finley |
Guarding the Gate to the Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role to Remake Tort Causation Rules |
49 DePaul Law Review 335 (Winter 1999) |
Vigorously exercising their role as evidentiary gatekeepers--a task assigned to them by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. --federal trial judges in products liability cases have been doing far more than screening proposed expert testimony to determine admissibility. The Daubert gatekeeper power has... |
1999 |
| Christa Marie Singleton, Association of States and Territorial Health Officials |
Health Care Divided-race and Healing a Nation. David Barton Smith. University of Michigan Press, 1999, 336 P. |
4 Georgetown Public Policy Review 185 (Spring, 1999) |
In Health Care Divided--Race and Healing a Nation, author David Barton Smith provides a compelling chronicle of racial segregation and discrimination in the United States health care system. The book tells the story of how race casts a pervasive shadow over the development and organization of health care in this country. Smith argues that race... |
1999 |
| Darren Lenard Hutchinson |
Ignoring the Sexualization of Race: Heteronormativity, Critical Race Theory and Anti-racist Politics |
47 Buffalo Law Review 1 (Winter 1999) |
A fiery dissent rages within the body of identity politics and civil rights theory. The participants in this discourse have lodged fundamental (as well as controversial) charges. Most frequently, these critics argue that the enormous cadre of political activists, progressive lawyers and legal theorists engaged in the particulars of challenging... |
1999 |
| Darren Lenard Hutchinson |
Ignoring the Sexualization of Race: Heteronormativity, Critical Race Theory and Anti-racist Politics |
47 Buffalo Law Review 1 (Winter, 1999) |
A fiery dissent rages within the body of identity politics and civil rights theory. The participants in this discourse have lodged fundamental (as well as controversial) charges. Most frequently, these critics argue that the enormous cadre of political activists, progressive lawyers and legal theorists engaged in the particulars of challenging... |
1999 |
| Frank M. McClellan |
Is Managed Care Good for What Ails You? Ruminations on Race, Age and Class |
44 Villanova Law Review 227 (1999) |
It's because you are so young,--You do not understand. But we are old As the jungle trees That bloomed forever, Old as the forgotten rivers That flowed into the earth . . . . MY father made me write this Article. Last year he asked me for help in deciding whether to remain in a fee for service (FFS) health plan or switch to a managed care plan.... |
1999 |
| Hedia Belhadj-El Ghouayel, MD, UNFPA, New York, NY, USA |
Legal and Ethical Perspectives on Delivery of Reproductive and Sexual Health Services in the Countries of Eastern Europe and the Cis (Countries with Economies in Transition, Europe) |
18 Medicine and Law 181 (1999) |
International human rights conferences have repeatedly declared that reproductive and sexual health and choice are human rights entitled to protection and respect. This is no less true in the countries of Eastern Europe and the New Independent States (NIS). It was widely believed that the dissolution of the former Soviet Union and of Communist rule... |
1999 |
| Sallyanne Payton |
Managed Care--the First Chapter Comes to a Close |
32 University of Michigan Journal of Law Reform 573 (Summer 1999) |
The articles in this Symposium present a fair snapshot of the state of mainstream academic thinking about managed care as of the fall of 1999. Mainstream academic theorizing about health care and health insurance has been generally favorable to managed care: the conventional wisdom of health policy is that integrating the insurance and provider... |
1999 |
| K.G. Jan Pillai |
Neutrality of the Equal Protection Clause |
27 Hastings Constitutional Law Quarterly 89 (Fall 1999) |
The brief interlude of effective race-wide remedies within Equal Protection jurisprudence is almost over. The Supreme Court has decisively abandoned the anticaste principle of the Equal Protection Clause in favor of the colorblind principle. Our pluralistic society, which conscientiously strives to navigate the terrain of racial and gender... |
1999 |
| Eric F. Galen |
Organ Transplantation at the Millennium: Regulatory Framework, Allocation Prerogatives, and Political Interests |
9 Southern California Interdisciplinary Law Journal 335 (Winter 1999) |
More than ten people die each day in the United States while awaiting organs that, if received, would probably save their lives. While just fifty years ago, the medical technology of organ transplantation remained experimental, thanks to the ingenuity of physicians, researchers, and scientists around the world, organs from both living and deceased... |
1999 |