| Author | Title | Citation | Summary | Year |
| Elaine Draper |
Preventive Law by Corporate Professional Team Players: Liability and Responsibility in the Work of Company Doctors |
15 Journal of Contemporary Health Law and Policy 525 (Spring, 1999) |
Professionals increasingly work in corporations, where they are subject to the decisions of company managers and to legal imperatives stemming from their status as corporate employees. Ironically, as their numbers have grown, their autonomy has diminished. This trend is particularly stark in the case of company physicians, who share neither the... |
1999 |
| W. JOHN THOMAS, ; DOROTHY E. STUBBE, ; GERALDINE PEARSON |
Race, Juvenile Justice, and Mental Health: New Dimensions in Measuring Pervasive Bias |
89 Journal of Criminal Law and Criminology 615 (Winter 1999) |
Delinquent Children, are those, who through Ignorance, Vice, Folly, Sport Carelessness, Thoughtlessness and in a hundred other ways, violate City Ordinances, Laws, statutes or the Rights of Others, for which there must be some method of Correction. Defective Children, are those who are physically or mentally deficient, thereby becoming a charge... |
1999 |
| Stephan Thernstrom , Abigail Thernstrom |
Reflections on the Shape of the River |
46 UCLA Law Review 1583 (June, 1999) |
The debate over race-conscious admissions to selective colleges and universities has taken a new turn. The emotionally fraught moral argument continues, but facts--long largely hidden from public view--are now in the mix. The much-celebrated work by William G. Bowen and Derek Bok, The Shape of the River, adds to our store of data and is thus a... |
1999 |
| William M. Sage |
Regulating Through Information: Disclosure Laws and American Health Care |
99 Columbia Law Review 1701 (November, 1999) |
Efforts to reform the American health care system through direct government action have failed repeatedly. Nonetheless, an alternative strategy has emerged from these experiences: requiring insurance organizations and health care providers to disclose information to the public. In this Article, Professor Sage assesses the justifications for this... |
1999 |
| Elizabeth B. Cooper |
Testing for Genetic Traits: the Need for a New Legal Doctrine of Informed Consent |
58 Maryland Law Review 346 (1999) |
Introduction. 347 I. The Influence of Changing Medical Technology: The Impact of the Ability to Test for Genetic Predisposition to Life-Threatening Illness. 351 A. An Overview: Past, Present, and Future Concerns Associated with Diagnostic Blood Tests. 351 B. What Is Exceptional About Genetic Testing?. 362 II. Informed Consent: Legal and Ethical... |
1999 |
| Gregory L. Maxim |
The Epa's Title Vi Bout-remedying One Injustice with Another |
30 McGeorge Law Review 1091 (Spring, 1999) |
Badges?!? We don't need no stinkin' badges! I. Introduction. 1092 II. Setting the Stage: The Making of the Guidance. 1096 A. Environmental Justice. 1096 B. The Road to the Guidance. 1098 C. The Interim Guidance. 1099 III. The Administrative Procedure Act's Rulemaking Requirements. 1101 A. APA Rulemaking Procedure. 1102 1. Legislative Rule... |
1999 |
| David Satcher, M.D., PH.D. |
The History of the Public Health Service and the Surgeon General's Priorities |
54 Food & Drug Law Journal 13 (1999) |
Greetings from the Office of Public Health and Science. I am pleased to address the Food and Drug Law Institute (FDLI) during its 1998 Annual Educational Conference, which also marks the start of its fiftieth anniversary year. I want to commend the organization for its accomplishments on behalf of advancing the nation's health, especially as they... |
1999 |
| Michael Selmi |
The Life of Bakke: an Affirmative Action Retrospective |
87 Georgetown Law Journal 981 (4/1/1999) |
Last year marked the twentieth anniversary of Allan Bakke's admission to the University of California at Davis Medical School. In the ensuing twenty years, Mr. Bakke has gone on to a quiet career as an anesthesiologist in Minnesota, the Supreme Court has decided another dozen cases involving affirmative action, and a major literary industry has... |
1999 |
| Michael D. Mattheisen |
The U.s. Environmental Protection Agency's New Environmental Civil Rights Policy |
18 Virginia Environmental Law Journal 183 (1999) |
I. Introduction. 183 II. Environmental Justice. 185 III. Title VI of the Civil Rights Act of 1964. 186 IV. The Disparate Impact Rule of Law. 188 A. Operation of the Disparate Impact Rule of Law. 188 B. Interpreting the Disparate Impact Rule. 189 V. The EPA's Title VI Disparate Impact Regulations. 190 VI. The President's Executive Order on... |
1999 |
| Danny David |
Three Paths to Justice: New Approaches to Minority-instituted Tobacco Litigation |
15 Harvard BlackLetter Law Journal 185 (Spring, 1999) |
When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him . Having finally lured the once-elusive American tobacco industry into the daylight, plaintiffs in several... |
1999 |
| Wendy Brown Scott |
Transformative Desegregation: Liberating Hearts and Minds |
2 Journal of Gender, Race and Justice 315 (Spring 1999) |
Introduction I. Contextualizing the Call to Desegrate Curriculum A. The Origins of Racially Subordinating Curriculum B. The Significance of University Culture Wars II. Liberating Hearts and Minds: Foundation for a Transformative Theory of Desegregation A. The Limits of Liberalism and Critical Theory B. Black Liberation Theology: Norms and Sources... |
1999 |
| James Thomas Tucker |
Tyranny of the Judiciary: Judicial Dilution of Consent under Section 2 of the Voting Rights Act |
7 William & Mary Bill of Rights Journal 443 (February, 1999) |
Every man takes the arm of the law for his protections as more effectual than his own, and therefore every man has an equal right in the formation of the government and of the laws by which he is to be governed and judged. When Thomas Paine wrote these words over two hundred years ago, he captured the essence of American democracy. Having a voice... |
1999 |
| Jeffrey W. Stempel |
A More Complete Look at Complexity |
40 Arizona Law Review 781 (Fall 1998) |
The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe... |
1998 |
| S. Elizabeth Wilborn Malloy |
Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment |
33 Wake Forest Law Review 1035 (Winter 1998) |
The author focuses on the failure of the courts to provide a remedy for the right to refuse medical treatment. Health care providers, for a number of reasons, often ignore patient requests to forgo certain life-extending medical procedures. The courts have generally allowed medical professionals complete discretion in deciding whether to honor... |
1998 |
| Judith Karp |
Concepts Underlying the Implementation of the Convention on the Rights of the Child |
4 Loyola Poverty Law Journal 113 (Spring 1998) |
The United Nations Convention on the Rights of the Child serves both as a normative benchmark for children's rights and as a conceptual framework that guides the appropriate realization of those rights. The concepts underlying the implementation of the Convention are derived from the substantive norms and structures set forth in the Convention,... |
1998 |
| Audrey R. Chapman |
Conceptualizing the Right to Health: a Violations Approach |
65 Tennessee Law Review 389 (Winter, 1998) |
C1-4Table of Contents L1-4 I. L2-3,T3Dilemmas in Conceptualizing a Right to Health 389 II. L2-3,T3International Normative and Legal Standards Defining the Right to Health 396 III. L2-3,T3Conceptualizing Violations of the Right to Health 398 A. Violations of Commission. 399 B. Violations of the Obligation to Protect. 404 C. Failure to Fulfill... |
1998 |
| Sylvia R. Lazos Vargas |
Deconstructing Homo[geneous] Americanus: the White Ethnic Immigrant Narrative and its Exclusionary Effect |
72 Tulane Law Review 1493 (May, 1998) |
This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in... |
1998 |
| Patricia A. King , Leslie E. Wolf |
Empowering and Protecting Patients: Lessons for Physician-assisted Suicide from the African-american Experience |
82 Minnesota Law Review 1015 (April, 1998) |
While we were watching round her bed, She turned her eyes and looked away, She saw what we couldn't see; She saw Old Death. She saw Old Death. Coming like a falling star. But Death didn't frighten Sister Caroline; He looked to her like a welcome friend. And she whispered to us: I'm going home, And she smiled and closed her eyes. The increasing... |
1998 |
| Sandra H. Johnson |
End-of-life Decision Making: What We Don't Know, We Make Up; What We Do Know, We Ignore |
31 Indiana Law Review 13 (1998) |
Imagine that well-structured empirical studies consistently indicated that doctors do not tell patients what tests they are performing or why; imagine that doctors can frame the information they provide patients and quite successfully generate the physician-desired consent or refusal of the treatment; and imagine that only about half of patients... |
1998 |
| R. Gregory Roberts |
Environmental Justice and Community Empowerment: Learning from the Civil Rights Movement |
48 American University Law Review 229 (October, 1998) |
Introduction. 230 I. The Struggle for Social Justice in the Environmental Context. 233 A. Pursuing Environmental Justice. 234 1. Litigation strategies. 234 a. The Equal Protection Clause. 234 b. Title VI of the Civil Rights Act of 1964. 236 2. Proposed legislation. 239 3. Executive Order 12,898. 241 4. The EPA's Environmental Justice Strategy. 243... |
1998 |
| Joyce F. Sims |
Homosexuals Battling the Barriers of Mainstream Adoption-and Winning |
23 Thurgood Marshall Law Review 551 (Spring, 1998) |
Introduction. 551 History. 556 Special Needs Children, Adoption, and Foster Care. 556 Foster Care: Paving the Way to Adoption. 557 Stranger Adoption: In re Adoption of Charles B. 558 Co-Parent Adoptions: The Step-Parent Exception. 559 In re Adoption of B.L.V.B & E.L.V.B.. 560 In Matter of Jacob and In Matter of Dana. 561 State and International... |
1998 |
| Lackland H. Bloom, Jr. |
Hopwood, Bakke and the Future of the Diversity Justification |
29 Texas Tech Law Review 1 (1998) |
I. Introduction. 2 II. Racial Classifications, Strict Scrutiny, and Affirmative Action-An Introductory Summary. 4 III. From Bakke to Hopwood. 7 A. Regents of the University of California v. Bakke. 7 1. Background. 7 2. The Standard of Review. 8 3. The State Justifications. 10 a. Increasing Minority Representation. 11 b. Countering the Effects of... |
1998 |
| Elvia R. Arriola |
March |
19 Chicano-Latino Law Review 1 (Spring 1998) |
I. Introduction. 2 II. Quiénes Somos: Who Are We?. 6 A. A LatCrit I Retrospective: Or, I Wasn't In Puerto Rico but I Went to La Jolla. 6 B. On to LatCrit II and the Material Experiences of Diversity: Un Movimiento Tumultuouso. 11 1. Multiplicity of Identities: Multiplicity of Agendas. 13 2. Practicing Diversity for the Sake of Community: It Soon... |
1998 |
| Jeroo S. Kotval, Ph.D |
Market-driven Managed Care and the Confidentiality of Genetic Tests: the Institution as Double Agent |
9 Albany Law Journal of Science and Technology 1 (1998) |
I. Introduction. 2 II. Market-driven Managed Care. 3 III. Computerization and Medical Confidentiality. 11 IV. Genetic Tests. 13 V. Medical Confidentiality and the Patient-centered Ethic Examined in the Context of Market-driven Managed Care. 20 VI. Conclusion. 24 The confidentiality of the medical record has been in the forefront of the national... |
1998 |
| Gregory A. Loken |
Moral, Economic, and Social Issues in Children's Health Care: Introduction |
2 Quinnipiac Health Law Journal 1 (1998) |
By the broadest statistical measures it may seem strange in the late 1990's to list health care for children as an urgent national priority, and to devote, as the Quinnipiac Health Law Journal does here, an entire issue to the question. Rather, we might well be celebrating a half century of nearly miraculous gains in children's health. From 1940 to... |
1998 |
| Ketih Aoki |
Neocolonialism, Anticommons Property, and Biopiracy in the (Not-so-brave) New World Order of International Intellectual Property Protection |
6 Indiana Journal of Global Legal Studies 11 (Fall, 1998) |
One of the biggest mistakes one can make when considering the globalization of intellectual property law is to assume away the increasingly contentious politics of the phenomenon. This is not to say that the emerging politics of international intellectual property law are simple, easy to understand, or unchangingquite the contrary is true.... |
1998 |
| Larry J. Pittman |
Physician-assisted Suicide in the Dark Ward: the Intersection of the Thirteenth Amendment and Health Care Treatments Having Disproportionate Impacts on Disfavored Groups |
28 Seton Hall Law Review 774 (1998) |
I. Introduction. 776 II. The Right-to-Die Jurisprudence. 778 A. Cruzan v. Missouri. 778 B. Washington v. Glucksberg--The Right to Refuse Life-Sustaining Treatment Does Not Include the Right to Demand Physician-Assisted Suicide. 779 1. A Partial Clarification of Cruzan's Scope. 779 2. Casey's Continued Indeterminacy. 780 3. Vacco v. Quill--Muddying... |
1998 |
| Susan M. Wolf |
Pragmatism in the Face of Death: the Role of Facts in the Assisted Suicide Debate |
82 Minnesota Law Review 1063 (April, 1998) |
Were any of us offered a choice between unrelieved agony at life's end and assisted suicide, we would probably choose the latter. And if we were further assured that there was already a widespread practice of physicians directly and intentionally causing death, we would fail to see why law should block the relief we sought. Then how is it that many... |
1998 |
| John D.R. Craig |
Privacy in the Workplace and the Impact of European Convention Incorporation on United Kingdom Labour Law |
19 Comparative Labor Law and Policy Journal 373 (Spring, 1998) |
The constitutional law of the United Kingdom does not presently recognize the right to private life, nor does the common law give effect to a tort of invasion of privacy. This state of affairs has been a source of considerable controversy in the past several decades, and various legislative proposals have been advanced to fill the privacy void, yet... |
1998 |
| Barbara A. Noah |
Racial Disparities in the Delivery of Health Care |
35 San Diego Law Review 135 (Winter 1998) |
I. Introduction. 136 II. Examples of Racial Disparities in Health Care Delivery. 138 A. Provision of Medicare Services. 138 B. Allocation of Organs for Transplantation. 142 C. Access to Prescription Drug Therapy. 147 D. Diagnosis and Institutionalization of Mentally Ill Patients. 150 E. Minority Patient Populations in Clinical Trials. 152 F.... |
1998 |
| Patrick M. Curran, Jr. |
Regulating Death: Oregon's Death with Dignity Act and the Legalization of Physician-assisted Suicide |
86 Georgetown Law Journal 725 (January, 1998) |
When the United States Supreme Court ruled in June of 1997 that state laws prohibiting assisted suicide do not violate the due process or equal protection guarantees of the United States Constitution, it put to rest a troubling question of constitutional law that had captured a larger share of the public's attention than is normal for... |
1998 |
| Sheri Lynn Johnson |
Respectability, Race Neutrality, and Truth |
107 Yale Law Journal 2619 (June, 1998) |
Race, Crime, and the Law surveys a large number of issues at the intersection of race and the criminal law and is both informative and persuasive on many points. Because Professor Kennedy is an obviously talented African-American Harvard Law School professor and because the book is clearly the product of enormous and thorough research, Race, Crime,... |
1998 |
| Anne S. De Groot, Jessica Stevens, Sarah Leibel, Lisa Pratt, and Sally Zierler |
Setting the Standard for Care: Hiv Risk Exposures and Clinical Manifestations of Hiv in Incarcerated Massachusetts Women |
24 New England Journal on Criminal and Civil Confinement 353 (Summer, 1998) |
Women account for a small fraction of the prison and jail population nationwide (6.4% and 10.6% respectively); yet incarcerated women are disproportionately affected by human immunodeficiency virus (HIV). At the end of 1995, 14.7% of female state prison inmates in the Northeast United States were known to be HIV seropositive, compared to 7.5% of... |
1998 |
| Staff of Volume 8 |
State Statutes Dealing with Hiv and Aids: a Comprehensive State-by-state Summary (1999 Edition) |
8 Law and Sexuality: A Review of Lesbian, Gay. Bisexual, and Transgender Legal Issues 1 (1998) |
In 1995, the Journal of Law and Sexuality published a comprehensive HIV and AIDS law statutory summary. Recognizing the importance of the subject matter, it was the hope of the authors that this summary would be continually updated and republished by the journal. In updating and editing this most recent version of the summary, the editors followed... |
1998 |
| Laura G. Dooley , Robert S. Gaston |
Stumbling Toward Equity: the Role of Government in Kidney Transplantation |
1998 University of Illinois Law Review 703 (1998) |
In Mortal Peril, Professor Epstein is critical of the current, regulated system for organ donation and suggests that a market for organ tissue would better meet the needs of patients. In this response to Professor Epstein, Professor Laura Dooley and Dr. Robert Gaston pair their skills to attack Professor Epstein's analysis. As they have done on... |
1998 |
| Steven P. Wallace, Vilma Enriquez-Haass, Kyriakos Markides |
The Consequences of Color-blind Health Policy for Older Racial and Ethnic Minorities |
9 Stanford Law and Policy Review 329 (Spring, 1998) |
There has been considerable debate in the 1990s about whether race and ethnicity should guide public policy. One approach is to develop policies specifically designed to increase the political and economic power of minority groups that have been historically disadvantaged in the United States. Such policies explicitly aim for racial parity in... |
1998 |
| Yvonne J. Chandler |
Why Is Diversity Important for Law Librarianship? |
90 Law Library Journal 545 (Fall, 1998) |
Legal information professionals are essential partners in the legal system and play a major role in the provision of that information to all citizens. Dr. Chandler discusses demographic changes in the U.S. population that must be addressed by law librarians when designing information resources, programs, and services for what is now a... |
1998 |
| Jack M. Kress |
Xenotransplantation: Ethics and Economics |
53 Food & Drug Law Journal 353 (1998) |
The subject under discussion is novel; the concerns it raises are unprecedented; the issues to be addressed are manifold and important. The primary purpose of this article should be made clear at the outset. Discussions of ethical issues often come from a single religious or ideological perspective without providing a full or fair hearing to... |
1998 |
| Mark Kelman |
(Why) Does Gender Equity in College Athletics Entail Gender Equality? |
7 Southern California Review of Law and Women's Studies 63 (Fall 1997) |
Title IX legally commits us to gender equity in the allocation of resources to male and female athletes. One thing that this has come to mean, in practice, is that the vast bulk of universities and colleges must spend roughly as much per capita on varsity athletic programs for the women enrolled in the school as they do for men to be fully... |
1997 |
| James Boyle |
A Politics of Intellectual Property: Environmentalism for the Net? |
47 Duke Law Journal 87 (October, 1997) |
This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like--what theoretical ideas it might... |
1997 |
| Roderic Broadhurst |
Aborigines and Crime in Australia |
21 Crime and Justice 407 (1997) |
Aborigines are 16 times more likely in Western Australia to be victims of homicide and 6.5 times more likely to report crimes against the person to police than are non-Aborigines. Aborigines are 9.2 times more likely to be arrested, 6.2 times more likely to be imprisoned by lower courts, 23.7 times more likely to be imprisoned as an adult, and 48... |
1997 |
| H. David Kelly, Jr. |
An Argument for Retaining the Well Established Distinction Between Contractual and Statutory Claims in Labor Arbitration |
75 University of Detroit Mercy Law Review 1 (Fall 1997) |
This essay is prompted by recent developments that affect an increasing number of employees whose claim that their employer has violated one or more of the federal or state anti-discrimination statutes cannot be presented to a judge or a jury for resolution, but are subject to compulsory arbitration based on a purported agreement with their... |
1997 |
| Natsu Taylor Saito |
Beyond Civil Rights: Considering "Third Generation" International Human Rights Law in the United States |
28 University of Miami Inter-American Law Review 387 (1997) |
L1-3,T3I. Human Rights: The Next Generation 388 L1-4 L1-3,T3II. The International Human Rights Framework 391 L1-4 A. Emergence of a Law of Human Rights to Supplement the Law of Nations. 391 L1-4 B. Individual Rights: Civil and Political; Economic, Social, and Cultural. 392 L1-4 C. Group Rights: Solidarity and Self-Determination. 395 L1-4... |
1997 |
| Martha C. Nussbaum |
Capabilities and Human Rights |
66 Fordham Law Review 273 (11/1/1997) |
WHEN governments and international agencies talk about people's basic political and economic entitlements, they regularly use the language of rights. When constitutions are written in the modern era, and their framers wish to identify a group of particularly urgent interests that deserve special protection, once again it is the language of rights... |
1997 |
| Jerry Haynes |
Clovis E. Semmes, Racism, Health, and Post-industrialism: a Theory of African-american Health (Praeger Publishers 1996). About the Author, Acknowledgements, Index, Introduction, Selected Bibliography. Lc-95-34440; Isbn 0-275-95428-5 [178 Pp. Cloth $59.95, |
8 Risk: Health, Safety and Environment 103 (Winter, 1997) |
Clovis E. Semmes, Racism, Health, and Post-Industrialism: A Theory of African-American Health (Praeger Publishers 1996). About the author, acknowledgements, index, introduction, selected bibliography. LC-95-34440; ISBN 0-275-95428-5 [178 pp. Cloth $59.95, paper $18.95. 88 Post Road West, Westport CT 06881.] Not until well into in his book does... |
1997 |
| Vicki Been , Francis Gupta |
Coming to the Nuisance or Going to the Barrios? A Longitudinal Analysis of Environmental Justice Claims |
24 Ecology Law Quarterly 1 (1997) |
Introduction. 3 I. Methodology. 9 A. The Facilities Studied. 9 B. The Geographic Area Analyzed. 10 C. Ensuring a Consistent Unit of Analysis Over Time. 13 D. The Comparison Population. 16 E. The Statistical Tests Used. 17 II. Were Host Communities Disproportionately Composed of Minorities or the Poor at the Time the Facility Was Sited?. 19 A.... |
1997 |
| Ross I. Booher |
Constitutional Law--fourteenth Amendment Equal Protection Clause-- Racial Preferences in College and University Admissions |
64 Tennessee Law Review 497 (Winter, 1997) |
In 1992, Cheryl Hopwood, a white middle-aged working mother, applied for admission to the University of Texas Law School (law school). Like most other institutions of higher learning in the United States, the law school had an affirmative action admissions program which gave significant preferences to members of select racial and ethnic minority... |
1997 |
| Robert John Araujo, S.J. |
Critical Race Theory: Contributions to and Problems for Race Relations |
32 Gonzaga Law Review 537 (1996-1997) |
I. Prophets in Our Midst: The Contribution of the Critical Race Theory. 539 II. The Virtuous Citizen and Racial Justice. 551 III. Conclusion. 574 Am I not a man and a brother? And the LORD said unto Cain, Where is Abel thy brother? And he said, I know not: Am I my brother's keeper? For the whole law is summed up in a single commandment, You shall... |
1997 |
| Madeleine Sann |
Documents Received |
8 Criminal Law Forum 171 (1997) |
Impunity: An Ethical Perspective (1996), edited by Charles Harper for the World Council of Churches, examines the means by which persons accused of crimes against humanity [and similarly grave human rights violations] escape being charged, tried and punished for criminal acts committed with official sanction in time of war or dictatorial rule.... |
1997 |
| Carolyn Graham, Jennifer B. Grills |
Environmental Justice: a Survey of Federal and State Responses |
8 Villanova Environmental Law Journal 237 (1997) |
While environmentalists have traditionally battled to protect endangered species, such as the spotted owl, the blue whale, and the California Condor, nontraditional environmentalists have struggled to protect and preserve a different endangered species: people of color and low socioeconomic status. Seventy-five percent of all commercial hazardous... |
1997 |