| Author | Title | Citation | Summary | Year |
| Alice Kaswan |
Environmental Justice: Bridging the Gap Between Environmental Laws and "Justice" |
47 American University Law Review 221 (December, 1997) |
c1-3Table of Contents Introduction. 222 I. The Environmental Justice Movement. 225 A.The Emergence of the Environmental Justice Movement. 225 B.Defining Environmental Justice. 228 1.Defining environment . 229 2.Defining justice . 230 a.Environmental justice as distributive justice. 231 b.Environmental justice as political justice. 233 3.The... |
1997 |
| Ellen Chun |
Falling Between the Cracks |
17 Boston College Third World Law Journal 395 (Spring, 1997) |
The criminal justice and mental health systems are two distinct forms of governmental social control which are based on distinguishable criteria, but they sometimes operate in a suspiciously similar fashion. Our legal system which operates on the basis of objectively verifiable evidence, often clashes with the mental health system, which often... |
1997 |
| James E. Bowman, M.D. |
Genetics and African Americans |
27 Seton Hall Law Review 919 (1997) |
Minorities are discriminated against in most societies. I categorize minorities as discriminated powerless subset populations of a state. Minorities include the Ainu and Koreans of Japan, Australian Aborigines, the Palestinians in Israel, the Catholics in Northern Ireland, Africans and Algerians in France, Africans and their descendants, and Asian... |
1997 |
| Gregory C. Garhart |
M.d. or M.b.a.--who Decides?: the Need to Put Quality of Care Ahead of Profit |
6-FALL Kansas Journal of Law & Public Policy 139 (Fall, 1997) |
Perhaps no other industry is as important to maintaining the quality of life in our nation as that of health care. Long gone are the days when most health care was delivered in a doctor's office, often located in the doctor's home. Today, health care has become emblematic of the leading edge of technology: new treatments and new medical devices... |
1997 |
| Helena G. Rubinstein |
Nonprofit Hospitals and the Federal Tax Exemption: a Fresh Prescription |
7 Health Matrix: Journal of Law-Medicine 381 (Summer 1997) |
THE AMERICAN LAW'S TREATMENT of charity has a long history. Its modern expression derives from the English Statute of Charitable Uses, enacted in 1601, which contained the first extensive definition of charitable purposes. The statute's aim was public benefit, expressed principally by the relief of poverty. Over time, charitable public benefit was... |
1997 |
| Michelle S. Jacobs |
People from the Footnotes: the Missing Element in Client-centered Counseling |
27 Golden Gate University Law Review 345 (Spring, 1997) |
The development of a client-centered approach to counseling was fueled by a concern that under the traditional approach to lawyering, the client came into the relationship with her lawyer in an unequal and/or subordinate position. As a result, the client was thought to be overwhelmed by the power represented in the lawyer's position and, therefore,... |
1997 |
| Rose L. Pfefferbaum, Betty Pfefferbaum, Everett R. Rhoades, Rennard J. Strickland |
Providing for the Health Care Needs of Native Americans: Policy, Programs, Procedures, and Practices |
21 American Indian Law Review 211 (1997) |
C1-4Table of Contents L1-4 L1-3,T3Prologue 212 I. L2-3,T3The Prevailing Climate 213 A. Introduction. 213 B. Historical Foundations. 214 C. Indicators of Indian Health. 216 II. L2-3,T3Responsibility for Care 218 A. The Unique Case of Native Americans. 218 B. The IHS Mandate. 220 C. Federal Responsibility, State Authority, and Tribal Sovereignty. 223... |
1997 |
| Marty B. Lorenzo |
Race-conscious Diversity Admissions Programs: Furthering a Compelling Interest |
2 Michigan Journal of Race and Law 361 (Spring 1997) |
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students... |
1997 |
| Gabriel Carter |
Remembering Water: Overcoming Historical Amnesia in South Africa |
8 Colorado Journal of International Environmental Law and Policy 359 (Summer, 1997) |
[D]ecades of apartheid have resulted in an accumulation of established wrongs, not rights. As the curtain of the twentieth century draws to a close--the historical stage threatening to disappear from sight and memory--droves of optimistic people worldwide look forward to the new millennium. The thought of transcending the failures of this century,... |
1997 |
| Mary Maxwell Thomas |
The African American Male: Communication Gap Converts Justice into "Just Us" System |
13 Harvard Blackletter Law Journal 1 (Spring, 1997) |
Shocking statistics have led prominent black men, such as the Reverend Harold Bailey, founder and Executive Director of Probation Challenge, to euphemistically refer to the criminal justice system as the Just Us system in speaking to his young proteges, most of whom are black males. A 1990 study based upon Bureau of Justice statistics rocked the... |
1997 |
| Frederick Poole Landers, Jr. |
The Black Market Trade in Chlorofluorocarbons: the Montreal Protocol Makes Banned Refrigerants a Hot Commodity |
26 Georgia Journal of International and Comparative Law 457 (Spring, 1997) |
When the Montreal Protocol on Substances That Deplete the Ozone Layer (hereinafter Montreal Protocol or Protocol) was signed by twenty four countries and the European Community in September of 1987, it was hailed as a milestone in international environmental diplomacy. Designed to control the production and consumption of ozone-depleting chemicals,... |
1997 |
| Mark S. Brodin |
The Demise of Circumstantial Proof in Employment Discrimination Litigation: St. Mary's Honor Center V. Hicks, Pretext, and the "Personality" Excuse |
18 Berkeley Journal of Employment and Labor Law 183 (1997) |
Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define the burdens of proof surrounding the central issue of an employer's alleged discriminatory intent. What evolved was the McDonnell Douglas framework, premised upon established concepts of circumstantial proof and inference. The approach permits... |
1997 |
| Lisa C. Ikemoto |
The Fuzzy Logic of Race and Gender in the Mismeasure of Asian American Women's Health Needs |
65 University of Cincinnati Law Review 799 (Spring 1997) |
It is said that if you have your health, you have everything. This common wisdom expresses recognition that physical and mental health premise much of what we are, what we can do, and what we need. Status, wealth, and health are very closely linked. In part, status and wealth are interdependent with health. The Americans with Disabilities Act... |
1997 |
| Stephanie Graboyes-Russo |
Too Costly to Live: the Moral Hazards of a Decision in Washington V. Glucksberg and Vacco V. Quill |
51 University of Miami Law Review 907 (April, 1997) |
I. Introduction. 907 II. Some Consequences of Maintaining the Status Quo. 912 A. Covert Assisted Suicide. 912 B. Legal Opportunities for Humane and Dignified Death. 916 III. Legalization's New Market, New Opportunists. 918 A. The Medically Disenfranchised. 919 B. The Profiteers. 920 IV. The Veritable Quicksand of State Regulation. 924 V. The Very... |
1997 |
| Kristy L. Carroll |
Whose Statute Is it Anyway?: Why and How Courts Should Use Presidential Signing Statements When Interpreting Federal Statutes |
46 Catholic University Law Review 475 (Winter 1997) |
Fifty years ago, Justice Felix Frankfurter asserted confidently that no one will gainsay that the function [of a court] in construing a statute is to ascertain the meaning of words used by the legislature. To go beyond it is to usurp a power which our democracy has lodged in its elected legislature. This classic formulation of legislative... |
1997 |
| Beverly I. Moran, William Whitford |
A Black Critique of the Internal Revenue Code |
1996 Wisconsin Law Review 751 (1996) |
This article raises the question of whether the Internal Revenue Code systematically favors whites over blacks. In recent years a small number of scholars in the legal academy have become known as critical race theorists. One main thrust of critical race theory is a belief that racial subordination is everywhere, a structural aspect of all parts of... |
1996 |
| Deborah C. Malamud |
Class-based Affirmative Action: Lessons and Caveats |
74 Texas Law Review 1847 (June, 1996) |
When the Supreme Court applied strict scrutiny to federal race-based affirmative action programs in Adarand Constructors, Inc. v. Pena, it suggested that the constitutional-law coast remains clear for affirmative action programs based on relative economic disadvantage --usually called class-based affirmative action. Adarand adds legal support... |
1996 |
| Amy Jurevic |
Disparate Impact under Title Vi: Discrimination, by Any Other Name, Will Still Have the Same Impact |
15 Saint Louis University Public Law Review 237 (1996) |
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Medicaid expenditures have been rising and commanding a larger share of state budgets. In... |
1996 |
| Daniel C. Wigley , Kristin S. Shrader-Frechette |
Environmental Racism and Biased Methods of Risk Assessment |
7 Risk: Health, Safety and Environment 55 (Winter, 1996) |
In 1982, Reverend Benjamin Chavis, executive director of the United Church of Christ Commission for Racial Justice (CRJ) was arrested for blocking the path of trucks carrying toxic PCBs to a newly designated hazardous-waste landfill near a small southern town of predominately black residents. In 1987, a milestone CRJ report showed that the most... |
1996 |
| Judith E. Koons |
Fair Housing and Community Empowerment: Where the Roof Meets Redemption |
4 Georgetown Journal on Fighting Poverty 75 (Fall, 1996) |
Litigation as a Tool and Site of Empowerment in Preserving a Historic African-American Community from Municipal Destruction I. Introduction. 77 A. Miss Olivia's Dream. 77 B. The Struggle for Civil Rights. 78 1. From Canaan to Cocoa. 78 2. The Enduring Problem of the Color-Line. 79 3. Law as Tool and Terrain of Spiritual Change. 79 C. Overview of... |
1996 |
| Susan L. Waysdorf |
Fighting for Their Lives: Women, Poverty, and the Historical Role of United States Law in Shaping Access to Women's Health Care |
84 Kentucky Law Journal 745 (1995-1996) |
Perhaps in no other context of American life is the relationship between poverty, racial discrimination, and gender discrimination more stark and historically consistent than in the area of health care delivery and medicine. Today, women's daily relationship to securing and maintaining health care for themselves and their children remains a major... |
1996 |
| Susan M. Wolf |
Foreword: Bioethics--from Mirror to Window |
15 Saint Louis University Public Law Review 183 (1996) |
If youth is vain and maturity signaled by trading self-absorption for greater engagement with the world, bioethics is growing up fast. The early days of this not-so-old discipline were marked by sweeping generalizations about the patient or the research subject with too little attention to who this person was. Were we talking about a patient... |
1996 |
| Daniel P. Blank |
Mumia Abu-jamal and the "Death Row Phenomenon" |
48 Stanford Law Review 1625 (July, 1996) |
In this note, Daniel P. Blank uses Mumia Abu-Jamal's collection of essays, Live From Death Row, to explore the developing international and domestic jurisprudence regarding the death row phenomenon. Abu-Jamal provides unique insights into the racial bias and dehumanization inherent in the administration of capital punishment. The Note also... |
1996 |
| Susan M. Wolf |
Physician-assisted Suicide in the Context of Managed Care |
35 Duquesne Law Review 455 (Fall, 1996) |
The debate about whether to legalize physician-assisted suicide in the United States, and indeed whether the federal Constitution bars state bans on the practice, largely ignores the health care context in which the practice would occur. Increasingly, that context is managed care. Over sixty million Americans receive care through health maintenance... |
1996 |
| Patrick McDaniel |
Planning the Future of the Middle Rio Grande Bosque: Preserving the River Through a Revival of Public Deliberative Democracy |
36 Natural Resources Journal 769 (Fall, 1996) |
Over the last quarter century, some of our nation's most bitter policy battles have centered around natural resources. In each conflict, the nation has experienced divisive political struggles involving citizens, corporations, advocacy groups, and political leaders. Almost without exception, the struggles have led to a sense of frustration and... |
1996 |
| Barbara A. Noah |
Racist Health Care? |
48 Florida Law Review 357 (July, 1996) |
During the past few years, rationing has become an explicit feature in decisions concerning optimal delivery of health care services, and it poses difficult choices for health care providers and policymakers. Insurers and patients increasingly must balance the desire for access to every possible treatment against concerns about affordability.... |
1996 |
| Justin D. Cummins |
Recasting Fair Share: Toward Effective Housing Law and Principled Social Policy |
14 Law & Inequality: A Journal of Theory and Practice 339 (June, 1996) |
Introduction 340 I. The Context and Consequences of Current Legal and Policy Failure 341 A. The Significance of Housing: The Close Nexus with Critical Institutions 342 B. The History of Housing Patterns: Free-Market Choice for Some 351 C. The Ramifications of a Racialized Housing Market: Regional Decline 358 D. The Aftermath of the Fair Housing... |
1996 |
| Vernellia Randall , Sally Giess , Gabrielle Boller , Cornelia Tinkler , Shalonda Bayless , Andrew Romero , Stacey Henry , Charles Whipple |
Section 1115 Medicaid Waivers: Critiquing the State Applications |
26 Seton Hall Law Review 1069 (1996) |
I. Introduction. 1070 A. Overview of Medicaid. 1070 B. Overview of State Waivers. 1074 II. Assuring Access to Care. 1090 A. Medicaid and Access. 1090 B. Financial Barriers to Health Care. 1092 C. Nonfinancial Barriers to Health Care. 1093 D. Critiquing State Waiver Applications. 1096 E. Assuring Access to Care: Conclusion. 1108 III. Quality... |
1996 |
| Vernellia R. Randall |
Slavery, Segregation and Racism: Trusting the Health Care System Ain't Always Easy! An African American Perspective on Bioethics |
15 Saint Louis University Public Law Review 191 (1996) |
I am a registered nurse and a family nurse practitioner. I have a master's degree in nursing. I practiced nursing for 15 years in Alaska and Washington. I write and work in the area of health care law. I understand the health care system and the legal system . . . I am African American and trust the health care system to work in ways that... |
1996 |
| Lois Shepherd |
Sophie's Choices: Medical and Legal Responses to Suffering |
72 Notre Dame Law Review 103 (1996) |
In William Styron's novel Sophie's Choice, Sophie Bieganski Zawistowska enters Auschwitz-Birkenau in 1943 and is given the choice of saving only one of her two children; the other will be sent to the gas chamber. The medical doctor in charge of selection requires her to make a decision: Should she sacrifice her firstborn son, Jan, or his younger... |
1996 |
| Nancy C. Staudt |
Taxing Housework |
84 Georgetown Law Journal 1571 (May, 1996) |
Many features of the Federal Income Tax Code reflect the assumption that our society is composed of heterosexual married couples, with men occupying the public sphere and women occupying the private domestic sphere. Social security benefits funded through the payroll taxes, for example, offer spousal benefits only to legally married couples,... |
1996 |
| Kenneth S. Tollett, Sr. |
The Case for Black Higher Education & Affirmative Action |
10-FEB NBA National Bar Association Magazine 13 (January/February, 1996) |
Several studies and reports, which are laden with statistics, indicate a deterioration in the status and situation of many Blacks, particularly males. Virtually every social indicator for measuring the well being of individuals or groups in society is negative or shows gross gaps between Blacks and Whites. Such gaps may be found in wealth, income,... |
1996 |
| Robert R. Kuehn |
The Environmental Justice Implications of Quantitative Risk Assessment |
1996 University of Illinois Law Review 103 (1996) |
The controversial use of quantitative risk assessment by federal environmental agencies has spawned considerable debate among environmentalists, industry, and politicians. One unresolved issue is the environmental justice implications of risk assessment--that is, whether the use of quantitative risk assessment causes greater environmental impacts... |
1996 |
| Lino A. Graglia, Daniel H. Lowenstein, Alex Kozinski, Fife Symington, Michael S. Greve, Edith H. Jones, David Rudovsky, Peter H. Schuck, Stephen Reinhardt, Erwin Chemerinsky, Charles J. Cooper, Michael J. Horowitz, Roger J. Marzulla, Christopher D. Stone, |
The Goldwater Institute and the Federalist Society: Federalism and Judicial Mandates |
28 Arizona State Law Journal 17 (Spring, 1996) |
Dr. Michael Block: Before we get started, I think it's appropriate that we give some formal recognition to some people who made this conference possible: John Norton, Chairman of the Goldwater Institute, and Gene Meyers, presently with the Federalist Society, are here with us today. This conference emerged out of a lengthy discussion that I had... |
1996 |
| Chelmer L. Barrow, Jr., D.O., F.A.C.P. , Kirk A. Easley, M.S. |
The Role of Gender and Race on the Time Delay for Emergency Department Patients Complaining of Chest Pain to Be Evaluated by a Physician |
15 Saint Louis University Public Law Review 267 (1996) |
Objective - To ascertain whether black and/or female Emergency Department (ED) patients complaining of chest pain incur longer waiting times than their white and/or male counterparts before being evaluated by a physician. Design - A retrospective record review of all ED patients complaining of chest pain during October 1993 and the first four... |
1996 |
| Robert L. Hayman, Jr. , Nancy Levit |
The Tales of White Folk: Doctrine, Narrative, and the Reconstruction of Racial Reality |
84 California Law Review 377 (March, 1996) |
Ask your own soul what it would say if the next census were to report that half of black America was dead and the other half dying. Black America, some people said, was dying. And they wondered what they would hear in the souls of white folk when white America heard the news. Part of the story, perhaps, was told in June 1995, by the Supreme Court... |
1996 |
| Simon Payaslian |
The United Nations and the Developing Countries in the 1990s |
73 University of Detroit Mercy Law Review 525 (Spring 1996) |
The United Nations was founded on the belief that the anarchical nature of international society necessitates an international organization to secure world peace and promote international cooperation. Although it is debatable whether the United Nations has been successful in achieving the first objective, there is little doubt that, in spite of... |
1996 |
| Daniel D. Bradlow |
The World Bank, the Imf, and Human Rights |
6 Transnational Law & Contemporary Problems 47 (Spring, 1996) |
I. Introduction. 48 II. The World Bank. 52 A. Introduction. 52 B. The Bank's Mandate. 53 C. The Evolution in the Bank's Operations. 55 D. The Human Rights Implications of the Bank's Operations. 56 E. The Human Rights Issues Raised by the Bank's Operations. 59 F. Protection of Human Rights. 64 G. The Institutional Human Rights Issue. 66 III. The... |
1996 |
| Daniel K. Hampton |
Title Vi Challenges by Private Parties to the Location of Health Care Facilities: Toward a Just and Effective Action |
37 Boston College Law Review 517 (May, 1996) |
Health care services are vital to all members of society; people must be healthy to obtain other societal benefits. Nevertheless, commentators continue to report racial discrimination in the provision of health care services. The law forbids intentional discrimination on the basis of race in a variety of contexts. Victims of discrimination,... |
1996 |
| Natsu Saito Jenga |
Unconscious: the "Just Say No" Response to Racism |
81 Iowa Law Review 1503 (7/1/1996) |
Race and racism in the United States today are rarely discussed without someone proposing that we resolve the problems associated with racism by simply rejecting consciously racist actions and proceeding in a colorblind manner. This Just Say No solution is appealing because it sounds so simple. It is also dangerous because it masks the real... |
1996 |
| David Benjamin Oppenheimer |
Understanding Affirmative Action |
23 Hastings Constitutional Law Quarterly 921 (Summer 1996) |
C1-3Table of Contents I. The Practice of Affirmative Action. 926 A. Method I--Quotas. 926 B. Method II--Preferences. 927 C. Method III--Self-Studies. 929 D. Method IV--Outreach and Counseling. 931 E. Method V--Anti-Discrimination. 932 II. The Law of Affirmative Action. 933 III. The Psychology of Discrimination. 946 A. Survey Evidence Regarding... |
1996 |
| Julie D. Levinson |
While Ignorance May Not Be Bliss, it Is a Mother's Right: Constitutional Implications of Testing Newborn Babies for Hiv |
3 Cardozo Women's Law Journal 71 (1996) |
While some may regard the Acquired Immune Deficiency Syndrome (AIDS) solely as a medical issue, there are controversial legal, moral, and social implications as well. Such concerns impact both men and women. Yet despite AIDS's tremendous burden upon women, public policy programs, research, prevention, and treatment of AIDS almost exclusively... |
1996 |
| Erika L. Johnson |
A Menace to Society: the Use of Criminal Profiles and its Effects on Black Males |
38 Howard Law Journal 629 (Summer 1995) |
In one of the most memorable scenes in the movie, Menace II Society, actor Charles S. Dutton urges the main character, Cain, a young black male, to leave the brutal conditions of the inner-city. In his final plea, Dutton tells Cain to just survive, because, [t]he hunt is on, and you are the prey! This particular line continues to ring true --... |
1995 |
| Jamie B. Raskin |
Affirmative Action and Racial Reaction |
38 Howard Law Journal 521 (Summer 1995) |
[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. The destruction of the past is perhaps the greatest of all crimes. The Supreme Court's ferocious assault last Term on affirmative action, school desegregation, and majority-minority electoral districts requires, in an ideological sense, willing detachment... |
1995 |
| Brian D. Israel |
An Environmental Justice Critique of Risk Assessment |
3 New York University Environmental Law Journal 469 (1995) |
L1-2Introduction 470 I. The Mechanics of Risk Assessment as a Regulatory Tool . 474 A. Regulating Against Risk . 474 1. Definition and History of Risk Assessment . 475 2. The Function of Risk Assessment . 478 3. The Risk Assessment Debate . 479 B. Risk Assessment Guidelines . 482 1. Hazard Identification . 483 2. Dose/Response Analysis . 484 3.... |
1995 |
| Christopher Culleton |
Civil Rights--pennsylvania's Non-voting Purge Law: Causes of Voting Discrimination under Section 2 of the Voting Rights Act--ortiz V. City of Philadelphia, 28 F.3d 306 (3d Cir. 1994). |
68 Temple Law Review 357 (Spring, 1995) |
Since the 1950s, federal courts have been instrumental in eradicating overt and institutional racial discrimination in voting. The 1965 Voting Rights Act provided both individuals and the United States Department of Justice with an effective mechanism to enforce the Fifteenth Amendment. Section 2 of the Voting Rights Act bans all voting... |
1995 |
| Jane Watson |
Crime and Juvenile Delinquency Prevention Policy: Time for Early Childhood Intervention |
2 Georgetown Journal on Fighting Poverty 245 (Spring, 1995) |
Speaking from the pulpit where Martin Luther King, Jr. gave his last sermon, President Clinton told his audience that if King were to speak today, he would say: I did not live and die to see thirteen-year-old boys get automatic weapons and gun down nine-year olds just for the kick of it. Indeed, incidents involving children as perpetrators and... |
1995 |
| Charles Lee |
Developing the Vision of Environmental Justice: a Paradigm for Achieving Healthy and Sustainable Communities |
14 Virginia Environmental Law Journal 571 (Summer 1995) |
Environmental justice presents a new paradigm for achieving healthy and sustainable communities. It represents a new vision, based upon community-driven processes, with an essential core of transformative public discourse about healthy, sustainable, and vital communities. It flows from 500 years of struggle for survival by people of color in a... |
1995 |
| Seth F. Kreimer |
Does Pro-choice Mean Pro-kevorkian? An Essay on Roe, Casey, and the Right to Die |
44 American University Law Review 803 (February, 1995) |
Introduction I. The Rationales of Roe and Casey II. Procreation, Self-Definition, and the Mysteries of Life A. The Life at Stake and the Moral Duty to Preserve Life B. Sacrifice for Contested Ends 1. The killing of individuals who do not desire to die a. Observational error b. Implicit permission for nonvoluntary euthanasia c. The killing of... |
1995 |
| Gloria Valencia-Weber , Christine P. Zuni |
Domestic Violence and Tribal Protection of Indigenous Women in the United States |
69 Saint John's Law Review 69 (Winter-Spring 1995) |
The essential Navajo value is that while men and women are distinct, they relate as complementary equals. That kind of relationship creates, or should create, an environment that views violence toward women as deviant behavior. Under Navajo common law, violence toward women, or mistreatment of them in any way, is illegal. A man who battered his... |
1995 |