| Author | Title | Citation | Summary | Year |
| Eileen Gauna |
Federal Environmental Citizen Provisions: Obstacles and Incentives on the Road to Environmental Justice |
22 Ecology Law Quarterly 1 (1995) |
Introduction. 2 I. The Environmental Justice Movement. 7 A. The Historical Context. 9 B. From the Data Gap to the Quantification Trap. 22 C. A Difference in Perspective: Environmental Justice v. Environmental Equity. 27 D. Considering the Social Context. 29 1. Keeping the Noxious Facility Away: NIMBY-ism and Siting. 31 2. Once Sited, Keeping the... |
1995 |
| Jane E. Larson |
Free Markets Deep in the Heart of Texas |
84 Georgetown Law Journal 179 (December, 1995) |
You can come down here and talk of subjection, but he's as free as a bird of the air. Don't come down here from the north and describe the poverty of the Mexicans at the back door of the white man's high civilization. Don't forget that he's an independent individual. There never lived a person in such freedom.... There's no arrogance, there's no... |
1995 |
| Don B. Kates, Henry E. Schaffer, Ph.D., John K. Lattimer, M.D., George B. Murray, M.D., and Edwin H. Cassem, M.D. |
Guns and Public Health: Epidemic of Violence or Pandemic of Propaganda? |
62 Tennessee Law Review 513 (Spring, 1995) |
[Knowledge is neither good nor evil, but takes its character from how it is used.] In like manner, weapons defend the lives of those who wish to live peacefully, and they also, on many occasions kill [murder] men, not because of any wickedness inherent in them but because those who wield them do so in an evil way. Predictably, gun violence,... |
1995 |
| Lawrence O. Gostin |
Health Information Privacy |
80 Cornell Law Review 451 (March, 1995) |
Much of the academic and policy discourse on the health care system focuses on several fundamental goals: ensuring health coverage, equitable treatment, high quality services, and consumer choice at a reasonable cost for individuals, employers, and the federal and state governments. The literature on health care systems characteristically defends... |
1995 |
| M. Gregg Bloche |
Health Policy below the Waterline: Medical Care and the Charitable Exemption |
80 Minnesota Law Review 299 (12/1/1995) |
Introduction. 300 I. The Ill-Conceived Decision to Exempt Nonprofit Hospitals Per Se. 304 A. A New Question of Statutory Interpretation. 304 B. The IRS's Implausible Answer. 308 II. Alternative Rationales for Per Se Exemption. 311 A. Positive Externalities and Market Failure. 311 B. Constraints on Capital Formation. 319 1. Hansmann's Capital... |
1995 |
| Lino A. Graglia |
Hopwood V. Texas: Racial Preferences in Higher Education Upheld and Endorsed |
45 Journal of Legal Education 79 (March, 1995) |
For over twenty-five years, the University of Texas School of Law has practiced affirmative action-a euphemism for racial discrimination-in admissions in order greatly to increase the number of blacks and Mexican-Americans in the entering class. In Hopwood v. Texas, four white applicants denied admission, who would have been automatically... |
1995 |
| Fred H. Cate |
Human Organ Transplantation: the Role of Law |
20 Journal of Corporation Law 69 (Spring 1995) |
It was the best of times, it was the worst of times. Charles Dickens' description of revolutionary Europe in A Tale of Two Cities might very well be used to describe organ transplantation today. Enormous successes are paralleled by a fatal and worsening shortage of organs, discontent, and disquieting uncertainty about the future. In 1993 there... |
1995 |
| Sharon Meadows |
Implementing the Right to Counsel in Post-apartheid South Africa |
29 George Washington Journal of International Law and Economics 453 (1995) |
Like most things in South Africa under apartheid, the legal system existed as a tangled web of racial division and nuance. During my first visit there, in the process of researching a legal question, I saw them on the library shelf; six tomes, thick and heavy with the required English and Afrikaans translations. Six volumes of the country's... |
1995 |
| Carrie Anne Juliano |
It Just Ain't Fair: the Ethics of Health Care for African Americans (Annette Dula & Sara Goering Eds., Praeger 1994) about the Editors and Contributors, Acknowledgements, Bibliography, Foreword by Mark Siegler, Index, Notes. L.c. 93-43780, Isbn 0275-94494 |
6 Risk: Health, Safety & Environment 89 (Winter, 1995) |
In their book, Dula and Goering try to focus attention on experiences of African Americans, a historically under-served group, through essays that describe the experiences and perceptions of predominately black physicians, professors, bioethicists, administrators and other health care professionals. They state that its objective is: to facilitate a... |
1995 |
| Caroline W. Jacobus |
Legislative Responses to Discrimination in Women's Health Care: a Report Prepared for the Commission to Study Sex Discrimination in the Statutes |
16 Women's Rights Law Reporter 153 (Spring, 1995) |
The New Jersey Commission on Sex Discrimination in the Statutes was established, when Governor Brendan T. Byrne signed P.L.1978, c. 68, on July 6, 1978. The Commission, composed of eleven legislative, executive and community members and assisted by a three person staff, was authorized to conduct a thorough review of all statutes containing... |
1995 |
| M. Patrice Benford |
Life, Liberty, & the Pursuit of Clean Air--fight for Environmental Equality |
20 Thurgood Marshall Law Review 269 (Spring, 1995) |
I. Introduction. 269 II. The Movement. 270 A. What Is Environmental Racism?. 270 B. What Is the Environmental Justice Movement?. 272 III. The Legal Battle of Environmental Racism. 274 A. How the Equal Protection Doctrine Does Not Equal Equality In the Environment!. 275 B. What About Title VI?. 281 IV. Title VIII--If there is no struggle there is... |
1995 |
| Kenneth L. Karst |
Myths of Identity: Individual and Group Portraits of Race and Sexual Orientation |
43 UCLA Law Review 263 (12/1/1995) |
I. The Facts of the Case and the Facts of Life. 267 A. Is She Black or White?. 267 B. Is He Gay or Straight?. 275 C. Fact-Finding as World-Making: The Case of Individual Identity . 279 II. Law and the Truth about Race and Sexual Orientation. 282 A. Myths of Identity. 282 B. The Identity Myths in the Prism of Law. 289 C. The Erosion of the Identity... |
1995 |
| Reviewed by Scott S. Evans |
New Legal Foundations for Global Survival: Security Through the Security Council |
23 Denver Journal of International Law and Policy 459 (Spring 1995) |
FERENCZ, BENJAMIN, NEW LEGAL FOUNDATIONS FOR GLOBAL SURVIVAL: SECURITY THROUGH THE SECURITY COUNCIL; Oceana Publications Inc., New York (1994); ($45.00); ISBN 0-379- 21207-2; 450 pp. (hardcover). History teaches us that men and nations behave wisely once they have exhausted all other alternatives. Abba Eban Benjamin Ferencz is an acclaimed scholar... |
1995 |
| Gordon J. Beggs |
Novel Expert Evidence in Federal Civil Rights Litigation |
45 American University Law Review 1 (10/1/1995) |
Introduction. 2 I. In the Beginning, Brown v. Board of Education. 9 II. Evidentiary Standard for Reliability of Novel Expert Proof . 16 A. Frye v. United States. 16 B. Federal Rule of Evidence 702. 19 C. Assessment of Reliability of Scientific Evidence in Civil Rights Cases Decided Prior to Daubert. 22 III. Daubert v. Merrell Dow Pharmaceuticals,... |
1995 |
| Gregory C. Schaecher |
Pennsylvania's Nonvoting Purge Law and Section 2 of the Voting Rights Act of 1965: Ortiz V. City of Philadelphia Office of the City Commissioners Voter Registration Division |
28 Creighton Law Review 1337 (June, 1995) |
The Fifteenth Amendment to the United States Constitution provides that [t] he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. To enforce the Fifteenth Amendment and to correct historical voting discrimination, the... |
1995 |
| Theresa Glennon |
Race, Education, and the Construction of a Disabled Class |
1995 Wisconsin Law Review 1237 (1995) |
There is a timbre of voice that comes from not being heard and knowing you are not being heard noticed only by others not heard for the same reason. How does it feel to be a problem? Michael has had difficulties in school ever since moving here three years ago, at the beginning of first grade. From the start he displayed disruptive and physically... |
1995 |
| Hava B. Villaverde |
Racism in the Insanity Defense |
50 University of Miami Law Review 209 (October, 1995) |
I. Introduction . 209 II. What Does Research Indicate? . 212 A. Population Case Studies . 212 B. Analysis and Changes in State Law . 219 C. Standards and Burdens of Proof . 224 D. Guilty but Mentally Ill . 226 E. Abolishing the Insanity Defense and Reconciling the Results . 227 F. Should the Results Be Any Different? . 229 III. What Does Case Law... |
1995 |
| Paul Barron, Sara J. Goldstein, Karen L. Wishnev |
State Statutes Dealing with Hiv and Aids: a Comprehensive State-by-state Summary |
5 Law & Sexuality: A Review of Lesbian and Gay Legal Issues 1 (1995) |
In June 1981, surveillance data compiled from reports filed by state and local health departments by the United States Centers for Disease Control (CDC) first alerted it to the fact that five cases of an extremely rare type of pneumonia had been diagnosed in the Los Angeles area in the prior eight months. Concurrently, the CDC was receiving reports... |
1995 |
| Dorothy E. Roberts |
The Genetic Tie |
62 University of Chicago Law Review 209 (Winter, 1995) |
A friend of mine recently questioned my interest in the Baby Jessica saga. Why are you always so fascinated by those stories? he asked. They have nothing to do with Black people. By those stories, he meant the myriad of disputes occupying the headlines that involve biological claims to children. These custody battles test the importance in... |
1995 |
| Reverend Monsignor Franklyn M. Casale |
The President's Welcome Address |
7 St. Thomas Law Review 421 (Summer, 1995) |
Welcome to this symposium, fittingly entitled, Tribal Sovereignty: Back to the Future? hosted by the St. Thomas University Human Rights Institute and its School of Law. Many languages are spoken in this room, and especially in our South Florida area, but rarely do we hear the richness of the languages that we have experienced here in prayer. I... |
1995 |
| Lawrence O. Gostin |
The Resurgent Tuberculosis Epidemic in the Era of Aids: Reflections on Public Health, Law, and Society |
54 Maryland Law Review 1 (1995) |
L1-2Introduction 3 I. Tuberculosis: Biological, Clinical, and Epidemiological Foundations . 8 A. Epidemiology: Current Incidence and Prevalence . 9 B. Causative Agent and Stages of Tuberculosis . 13 C. Multidrug-Resistant Tuberculosis . 15 D. Diagnosis: Testing and Screening . 17 1. Diagnosing the Infection: The Tuberculin Skin Test . 17 2.... |
1995 |
| Ronald Turner |
Thirty Years of Title Vii's Regulatory Regime: Rights, Theories, and Realities |
46 Alabama Law Review 375 (Winter 1995) |
The problem of the color line and the view that racism is an integral, permanent, and indestructible component of this society are (should be) well known to those who teach, study, practice, and in other ways rely upon the law as a means of addressing and remedying the manifestations and effects of past and present discrimination. Focusing for... |
1995 |
| Sylvia A. Law |
A Right to Health Care That Cannot Be Taken Away: the Lessons of Twenty-five Years of Health Care Advocacy |
61 Tennessee Law Review 771 (Spring, 1994) |
In the spring of 1994, Professor Sylvia A. Law delivered the Charles Henderson Miller Lecture at the University of Tennessee College of Law. The Tennessee Law Review takes pleasure in commemorating this occasion by reprinting the text of Professor Law's remarks. For almost twenty-five years I have worked with colleagues in public interest practice... |
1994 |
| Dieter Giesen |
A Right to Health Care?: a Comparative Perspective |
4 Health Matrix: Journal of Law-Medicine 277 (Summer 1994) |
THE EXISTENCE OF A RIGHT TO HEALTH CARE has been one of the most problematic and debated issues in medical ethics and medical law. In a world of scarce resources, budgetary constraints and ever-increasing demand, the value of asserting a right to health care has become apparent to those who seek to shield existing services from cutbacks and to... |
1994 |
| Carlos J. Nan |
Adding Salt to the Wound: Affirmative Action and Critical Race Theory |
12 Law & Inequality: A Journal of Theory and Practice 553 (June, 1994) |
Using quotas instead of quality to select people for jobs and promotions rewards the dumb, lazy, and unambitious at the expense of the smart, talented, and ambitious. I can't turn around without hearing about some civil rights advance! White people seem to think the black man ought to be shouting hallelujah! Four hundred years the white man has... |
1994 |
| Twila L. Perry |
Alimony: Race, Privilege, and Dependency in the Search for Theory |
82 Georgetown Law Journal 2481 (September, 1994) |
The development of a theory of alimony is an issue that has received considerable attention from both family law and feminist scholars in the past several years. Scholars who address this issue are seeking to answer what has proven to be a most vexing question: What is the theoretical basis for imposing a legal duty on one person to support another... |
1994 |
| Marion Crain |
Between Feminism and Unionism: Working Class Women, Sex Equality, and Labor Speech |
82 Georgetown Law Journal 1903 (July, 1994) |
What common ground exists between feminism and labor unionism? Is there an overlap between feminism's sex equality goals and unionism's goal of wealth redistribution to the working class? This article explores the interstices between feminism and unionism, where working class women struggle to survive. Feminism's concern with sex equality has been... |
1994 |
| Sherri Snelson Haring |
Bray V. Alexandria Women's Health Clinic: "Rational Objects of Disfavor" as a New Weapon in Modern Civil Rights Litigation |
72 North Carolina Law Review 764 (March, 1994) |
As the debate over the morality of abortion rages on in classrooms, churches, and legislatures throughout the country, women in cities throughout America are under siege. Between 1977 and 1990, the National Abortion Federation (NAF) collected reports of 829 acts of violence directed at abortion clinics: 34 were bombed, 52 were targets of arson, 43... |
1994 |
| Marianne L. Engelman Lado |
Breaking the Barriers of Access to Health Care: a Discussion of the Role of Civil Rights Litigation and the Relationship Between Burdens of Proof and the Experience of Denial |
60 Brooklyn Law Review 239 (1994) |
The delivery of health care in the United States is multi- tiered; the greatest levels of security and many of the benefits of medical research and advanced technology are reserved for selected segments of American society. Structural forms of racial discrimination and practices of segregation by providers of medical services are common and... |
1994 |
| Sara Rosenbaum |
Children in Heavy Traffic: Health Status, Health Policy, and Prospects for Reform |
4 Health Matrix: Journal of Law-Medicine 129 (Spring 1994) |
A COMPARISON OF THE articles in this volume delivered by Abraham Bergman and Dr. Ragnar Berfenstam speaks volumes about the place which the health care of children occupies in the American social justice fabric. In his article, Dr. Berfenstam, an authority on childhood injury, traces the history of Sweden's remarkable effort to reduce childhood... |
1994 |
| David T. Morris |
Cost Containment and Reproductive Autonomy: Prenatal Genetic Screening and the American Health Security Act of 1993 |
20 American Journal of Law & Medicine 295 (1994) |
Prenatal genetic diagnosis represents one of the most important recent advances in the field of clinical genetics. Each year in the United States, a significant number of children are born with some type of hereditary genetic defect that can be diagnosed in utero. Of the over 4000 genetic traits which have been distinguished to date, more than 300... |
1994 |
| Leslie G. Espinoza |
Dissecting Women, Dissecting Law: the Court-ordering of Caesarean Section Operations and the Failure of Informed Consent to Protect Women of Color |
13 National Black Law Journal 211 (Fall, 1994) |
Caesarean section deliveries increased markedly in the last twenty years. In 1970, the percentage of all deliveries by Caesarean section was 5.5 percent. By 1991, the percentage of Caesarean section operations had increased to 23.5 percent of all deliveries. Caesarean operations are now the most commonly performed major surgery in the United... |
1994 |
| Anthony D. Taibi |
Environmental Justice, Structural Economic Theory, and Community Economic Empowerment |
9 Saint John's Journal of Legal Commentary 491 (Spring, 1994) |
Until very recently, two separate and distinct environmental movements have existed in the United States. One, usually identified by the media as the environmental movement, bases itself in Washington or other centers of power, and consists primarily of policy analysts, lawyers, scientists, and other professionals. Its governing ideology may be... |
1994 |
| John R. Kyte |
Environmental Justice: the Need for Equal Enforcement and Sound Science |
11 Journal of Contemporary Health Law and Policy 253 (Fall 1994) |
Environmental racism is defined as racial discrimination in environmental policymaking and the unequal enforcement of environmental laws and regulations. It is the deliberate targeting of people of color communities for toxic waste facilities and the official sanctioning of a life-threatening presence of poisons and pollutants in people of color... |
1994 |
| Rand E. Rosenblatt |
Equality, Entitlement, and National Health Care Reform: the Challenge of Managed Competition and Managed Care |
60 Brooklyn Law Review 105 (1994) |
This Symposium is about ensuring equal and quality health care for poor Americans, an issue of special importance as we struggle to achieve national health care reform. The topic was fittingly chosen to honor the work and vision of Professor Edward V. Sparer, an extraordinary lawyer, scholar, and activist in movements for equality and social... |
1994 |
| Rodolfo Mata |
Hazardous Waste Facilities and Environmental Equity: a Proposed Siting Model |
13 Virginia Environmental Law Journal 375 (Spring 1994) |
The standard of living of all Americans is enhanced by industrial and economic expansion. At the same time, economic and industrial growth results in the generation, consumption and release of tons of toxic chemicals each year. Many manufacturing processes generate hazardous wastes. There are two categories of hazardous waste. The first category... |
1994 |
| Raphael Metzger |
Hispanics, Health Care, and Title Vi of the Civil Rights Act of 1964 |
3-WTR Kansas Journal of Law & Public Policy 31 (Winter, 1993/1994) |
Introduction The purpose of this article is to examine the application of Title VI of the Civil Rights Act of 1964 in the context of health care delivery to Hispanics. Demographic data on Hispanics will be reviewed first, showing that Hispanics are a large and rapidly growing part of the American population. Health data on Hispanics show that U.S.... |
1994 |
| Marjorie H. Lawyer |
Hiv and Dentistry |
29 Valparaiso University Law Review 297 (Fall, 1994) |
I blame . . . every single one of you bastards. Twenty-three-year-old Kimberly Bergalis did not hesitate when she blamed her HIV infection not only on the dentist who infected her, but also on the government for failing to prevent it. As her young life dwindled during the summer of 1991, the horror of Kimberly Bergalis' tragedy moved the nation... |
1994 |
| Celeste J. Taylor |
Know When to Say When: an Examination of the Tax Deduction for Alcohol Advertising That Targets Minorities |
12 Law & Inequality: A Journal of Theory and Practice 573 (June, 1994) |
Alcohol use and abuse is pervasive in minority populations. Some commentators describe alcohol as the new liquid crack that flows through the streets of the inner city neighborhoods. The destruction that ensues from excess alcohol consumption hits hardest on the overall health of minority peoples. Per capita, the minority health risk complication... |
1994 |
| Erik J. Olson |
No Room at the Inn: a Snapshot of an American Emergency Room |
46 Stanford Law Review 449 (January, 1994) |
The emergency rooms of American hospitals have frequently become the principal suppliers of nonurgent primary care to the under- and uninsured. Canvassing published reports and using original data obtained from a representative urban hospital, Erik Olson examines the demographics of the American emergency room and analyzes its finances. The costs... |
1994 |
| Drew S. Days, III |
Reality |
31 San Diego Law Review 169 (Winter 1994) |
As quickly as the twinkling of an eye, Professor Epstein acknowledges dutifully America's history of discrimination against African-Americans and passes on. This strategy is central to the overall scheme of his impressive assault upon Title VII. For it is designed to persuade the reader that the history of discrimination has no significant impact... |
1994 |
| John A. Powell |
Righting the Law: Seeking a Humane Voice |
96 West Virginia Law Review 333 (Winter, 1993/94) |
I. Introduction II. Connectedness: Work For Others, Work For Self III. The Difficulty of Going Home IV. Going Through Law School V. Working Into Law VI. Developing an Approach to Public Interest Law VII. Starting with Client Need VIII. Race and Poverty at the ACLU IX. Conclusion: Not Winning But Refusing to Lose I have been asked to write about my... |
1994 |
| Susan J. Stayn |
Securing Access to Care in Health Maintenance Organizations: Toward a Uniform Model of Grievance and Appeal Procedures |
94 Columbia Law Review 1674 (6/1/1994) |
Security is, in a word, the central theme of intense current efforts to overhaul the American health care system. Drawing on the work of the Presidential Task Force on Health Care Reform, chaired by Hillary Rodham Clinton, President Clinton presented to Congress the more than 1300 -page Health Security Act in October 1993. The Act promises a ... |
1994 |
| Lawrence O. Gostin |
Securing Health or Just Health Care? The Effect of the Health Care System on the Health of America |
39 Saint Louis University Law Journal 7 (Fall, 1994) |
If we just let the health care system continue to drift [in its present direction, Americans] will have less care, fewer choices and higher bills . . . . I want to make this very clear: . . . If you send me legislation that does not guarantee every American private health insurance that can never be taken away, you will force me to take this pen,... |
1994 |
| Linda D. Blank |
Seeking Solutions to Environmental Inequity: the Environmental Justice Act |
24 Environmental Law 1109 (7/1/1994) |
Environmentalists and civil rights leaders have joined forces in what may be called the environmental civil rights movement. Members of this movement seek to put an end to minority communities' bearing a disproportionate share of environmental degradation and health hazards. Some members of Congress have responded by proposing legislation. This... |
1994 |
| Susan M. Wolf |
Shifting Paradigms in Bioethics and Health Law: the Rise of a New Pragmatism |
20 American Journal of Law & Medicine 395 (1994) |
Neither bioethics nor health law is old as an established discipline. Modern bioethics dates from the late 1960s or early 1970s. Health law as a domain characterized by its own casebooks, courses, and specialists arguably began somewhat earlier. While each has far older precursors, the two fields have seen a modern resurgence in the last thirty... |
1994 |
| Colin Crawford |
Strategies for Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits |
74 Boston University Law Review 267 (3/1/1994) |
I. Introduction . 268 A. Background . 268 B. Lawyers' Belated Response . 272 C. Rethinking CERCLA Medical Monitoring Lawsuits . 273 D. The Usefulness of the Medical Monitoring Lawsuit . 274 II. The Failure of Equal Protection Challenges . 279 A. Case Law . 279 1. Bean v. Southwestern Waste Management Corp. . 280 2. East Bibb Twiggs Neighborhood... |
1994 |
| Floyd D. Weatherspoon |
The Devastating Impact of the Justice System on the Status of African-american Males: an Overview Perspective |
23 Capital University Law Review 23 (1994) |
C1-3Table of Contents L1-2Introduction 24. I. Stereotypical Biases Against African-American Males. 28 II. Criminal Justice System. 30 A. Selective Enforcement. 30 B. Incarceration of African-American Males. 35 C. Racial Disparities in Sentencing. 38 D. Racial Disparities in Prosecutorial Decisions. 42 E. Law Enforcement and Police Brutality--The... |
1994 |
| Vanessa Merton |
The Exclusion of Pregnant, Pregnable, and Once-pregnable People (A.k.a. Women) from Biomedical Research |
3 Texas Journal of Women and the Law 307 (Spring, 1994) |
I. The Impact of Exclusion from Research: Woman's Health and What We Do not Know About It. 316 A. The Immediate Benefits of Trial Participation That Women Do Not Get. 317 B. How Trials Are Treatment. 320 C. The Research Not Done. 321 D. Disparity in Recognition and Treatment of Women's Health Problems. 323 E. Guesswork about the Health Needs of... |
1994 |
| Mark A. Graber |
The Ghost of Abortion Past: Pre-roe Abortion Law in Action |
1 Virginia Journal of Social Policy & The Law 309 (Spring, 1994) |
Rumors of the imminent demise of Roe v. Wade proved greatly exaggerated during the 1992 political season. In Planned Parenthood v. Casey, Justices Sandra Day O'Connor, Anthony Kennedy and David Souter announced that principles of institutional integrity, and the rule of stare decisis . led [them] to conclude [that] the essential holding of Roe v.... |
1994 |