| Author | Title | Citation | Summary | Year |
| David Orentlicher |
The Limitations of Legislation |
53 Maryland Law Review 1255 (1994) |
Introduction I. Types of End-of-Life Statutes A. Living-Will Laws B. Durable Power of Attorney for Health Care Laws C. Do Not Resuscitate Order Laws D. Health Care Surrogate Laws II. Problems with End-of-Life Statutes A. Misleading the Public About its Rights 1. The Absence of a Statute 2. Statutory Limitations B. Ambiguous Provisions C. Discerning... |
1994 |
| Claire L. Hasler |
The Proposed Environmental Justice Act: "I Have a (Green) Dream" |
17 University of Puget Sound Law Review 417 (Winter 1994) |
In June 1992, former Senator Albert Gore and Representative John Lewis introduced legislation into the U.S. Senate and House of Representatives entitled the Environmental Justice Act of 1992. This legislation was the outgrowth of a long list of protests, studies, and cases involving a phenomenon known as environmental racism. The proposed... |
1994 |
| James H. Colopy |
The Road less Traveled: Pursuing Environmental Justice Through Title Vi of the Civil Rights Act of 1964 |
13 Stanford Environmental Law Journal 125 (January, 1994) |
I. Introduction. 126 II. An Introduction to Environmental Racism. 129 A. Inequitable Distribution of Environmental Burdens. 129 B. Economic Extortion. 134 C. Lack of Data on the Health Effects of Hazardous Substances. 137 D. Poor Government Enforcement. 139 III. Civil Rights and the Grassroots Environmental Justice Movement. 140 IV. Equal... |
1994 |
| Ralph S. Spritzer |
Thurgood Marshall: a Dedicated Career |
26 Arizona State Law Journal 353 (Summer, 1994) |
The Law Journal devotes this issue to an extensive review of the opinions of Justice Thurgood Marshall ranging over the twenty-four years (1967-1991) that he sat on the High Court. It is a sign of the warm regard in which he is held by those who knew him at first hand that so many of the contributors to this Festschrift were at one time or another... |
1994 |
| Mary Anne Bobinski |
Women and Hiv: a Gender-based Analysis of a Disease and its Legal Regulation |
3 Texas Journal of Women and the Law 7 (Winter, 1994) |
I. Women as an Analytic Category II. Medical Policies Toward Women with HIV: Discrimination and Gender Neutrality A. Medical Neglect B. The Law of Discrimination and Gender Neutrality III. Women as Vectors or Victims: Transmission of HIV A. The Biological and Social Determinants of HIV Transmission B. Criminal Law 1. Risk and Criminal Liability... |
1994 |
| Troyen A. Brennan |
An Ethical Perspective on Health Care Insurance Reform |
19 American Journal of Law & Medicine 37 (1993) |
Much recent analysis of health care insurance reform emphasizes economic and policy issues. In contrast, this Article examines health policy issues from the viewpoint of medical ethics. The critical ethical problem in health care today is that ability to pay determines the availability and quality of care. This Article discusses three types of... |
1993 |
| Frederick A. Morton, Jr. |
Class-based Affirmative Action: Another Illustration of America Denying the Impact of Race |
45 Rutgers Law Review 1089 (Summer, 1993) |
This nation fails to address its racism unequivocally because it refuses to accept and to take responsibility for the full truth of racism's implications . . . . Each passing day compounds these problems, and the full truth of the matter grows increasingly difficult to accept because to do so implies the necessity for increasingly fundamental... |
1993 |
| Lani Guinier |
Groups, Representation, and Race-conscious Districting: a Case of the Emperor's Clothes |
71 Texas Law Review 1589 (June, 1993) |
[N]ow that the first round of reapportionment has been accomplished, there is need to talk one man-one vote a little less and to talk a little more of political equity, and of functional components of effective representation. A mathematically equal vote which is politically worthless because of gerrymandering or winner-take-all districting is... |
1993 |
| Sidney D. Watson |
Health Care in the Inner City: Asking the Right Question |
71 North Carolina Law Review 1647 (June, 1993) |
MIAMI-June Kirchik, fifty-eight years old, discovered a large lump in her breast. When she went to a private hospital, she was denied treatment because she was indigent and her case was not considered an emergency. A public hospital performed a biopsy, which was positive, and gave her an appointment for treatment three weeks later. When Mrs.... |
1993 |
| Anthony V. Alfieri |
Impoverished Practices |
81 Georgetown Law Journal 2567 (August, 1993) |
Bertie Johnson sat in the waiting room all morning. She held a cane upright in her right hand and a white plastic bag in her left hand clasped against her lap. When I opened the main office door and called out her name, she looked up and answered in a loud, hoarse voice. She then propped her left hand against the seat of the chair next to her,... |
1993 |
| Orly Hazony |
Increasing the Supply of Cadaver Organs for Transplantation: Recognizing That the Real Problem Is Psychological Not Legal |
3 Health Matrix: Journal of Law-Medicine 219 (Spring, 1993) |
Medical technology is no longer the main factor limiting the number of human organ transplantations in the United States. The potential lifesaving benefits of organ transplantation technology have not been realized because of the growing shortage of vital organs from suitable donors. As of May 1991, over 23,000 Americans were awaiting... |
1993 |
| Rodolfo Mata |
Inequitable Siting of Undesirable Facilities and the Myth of Equal Protection |
13 Boston College Third World Law Journal 233 (Summer, 1993) |
When former California Governor George Deukmejian and the state legislature proposed to build a state prison in the City of Los Angeles, the tremendous public outcry from local residents caught them by surprise. After years of absorbing undesirable facilities, many people living near the proposed site felt that they should not play host to another.... |
1993 |
| Christopher C. Ehrman |
Integration Versus Antidiscrimination: Which Policy Should Prevail When Applying the Fair Housing Act? |
24 Memphis State University Law Review 33 (Fall, 1993) |
Americans live in a society marked by racial segregation now more than any time in history. Often, those rare neighborhoods that appear integrated are merely fluctuating from one racial identity to another. This separation between races exists even though Congress passed the Civil Rights Act, the Voting Rights Act, and the Fair Housing Act of 1968... |
1993 |
| Amy Lou Raney |
Legislative Instruments Dealing with Aids and the Importance of Education |
27 International Lawyer 495 (Summer, 1993) |
I. Background By the year 2000, 30 million people worldwide could be infected with AIDS. AIDS would thus surpass the influenza disaster of 1918 as this century's largest epidemic. While only 370,000 cases of AIDS were reported to the World Health Organization (WHO) as of September 1991, estimates suggest that 1,200,000 cases of AIDS had actually... |
1993 |
| Robert L. Schwartz |
Life Style, Health Status, and Distributive Justice |
3 Health Matrix: Journal of Law-Medicine 195 (Spring, 1993) |
Only a few years ago the American system for providing health care was considered rather benign -- an inevitable consequence of American values. Over the past few years, however, the increased amount of our resources allocated to health care -- now about fourteen percent of the gross domestic product -- and the consistently high levels of those... |
1993 |
| Charles Vergon, J.D. |
Male Academies for At-risk Urban Youth: Legal and Policy Lessons from the Detroit Experience |
79 West's Education Law Reporter 351 (February, 1993) |
It is difficult to ignore the plight of urban youth, many of whom confront savage inequities not of their own making on a daily, if not hourly basis. Newspaper headlines and television news broadcasts provide graphic details of the harsh realities of children in urban centers. Books and studies by various private individuals and organizations, as... |
1993 |
| Mary E. O'Connell |
On the Fringe: Rethinking the Link Between Wages and Benefits |
67 Tulane Law Review 1421 (May, 1993) |
I. Introduction. 1422 II. The Sources of Economic Security. 1425 III. Provision for Economic Security: A Brief History. 1427 A. Private Models. 1427 B. The Battle for Social Insurance. 1428 C. The Conservative Triumph. 1432 D. Private Models for Public Programs: Enshrining the Wage Link. 1433 E. After the Act: Economic Security After 1935. 1436 IV.... |
1993 |
| Kenneth S. Abraham, Lance Liebman |
Private Insurance, Social Insurance, and Tort Reform: Toward a New Vision of Compensation for Illness and Injury |
93 Columbia Law Review 75 (January, 1993) |
The United States does not have a system for compensating the victims of illness and injury; it has a set of different institutions that provide compensation. We rely on both tort law and giant programs of public and private insurance to compensate the victims of illness and injury. These institutions perform related functions, but the... |
1993 |
| John Charles Boger |
Race and the American City: the Kerner Commission in Retrospect--an Introduction |
71 North Carolina Law Review 1289 (June, 1993) |
During the mid-1960s, powerful social, economic, and political forces thrust urban issues to the center of national attention, in a context emphasizing the interrelationship between race, poverty, and urban ills. One major contributor to this redefinition of American urban problems was the civil rights movement. The movement, which captured... |
1993 |
| Vernellia R. Randall |
Racist Health Care: Reforming an Unjust Health Care System to Meet the Needs of African-Americans (Online Link) |
3 Health Matrix: Journal of Law-Medicine 127 (Spring, 1993) |
Racist and racism are provocative words in American society. To some, these words have reached the level of curse words in their offensiveness. Yet, racist and racism are descriptive words of a reality that cannot be denied. Ethnic-Americans live daily with the effects of both institutional and individual racism. Race issues are so... |
1993 |
| Dorothy E. Roberts |
Rape, Violence, and Women's Autonomy |
69 Chicago-Kent Law Review 359 (1993) |
One of feminism's most dramatic contributions to legal culture has been expanding society's perception of what constitutes rape. Reforming rape law raises the question, What is wrong with rape? -- meaning, what is the injury to women who are raped and why hasn't the law recognized that injury? Feminists have answered these questions by... |
1993 |
| Leslie Bender |
Teaching Feminist Perspectives on Health Care Ethics and Law: a Review Essay |
61 University of Cincinnati Law Review 1251 (1993) |
Teaching law from a feminist perspective can often prove to be a tricky enterprise. A primary site of tension is the lack of authoritative texts. Feminist law teachers are reduced to compiling all their own materials, or at least very substantial supplemental materials, for each of their courses. Despite the heavy workload this creates for... |
1993 |
| Robert L. Hayman, Jr. , Nancy Levit |
The Constitutional Ghetto |
1993 Wisconsin Law Review 627 ( 1993) |
Prologue: A Brief Apologia. 628 Introduction. 630 I. The Road to Freeman and Dowell. 634 A. The Path of Desegregation: A Doctrinal Review. 634 1. Before Brown: Government-Sponsored Subordination. 635 2. The Promise of Brown v. Board of Education. 635 3. Narrowing of the Vision. 638 4. The Formal Separation of State Responsibility. 642 5. The... |
1993 |
| Cheryl I. Harris |
Whiteness as Property |
106 Harvard Law Review 1709 (June, 1993) |
Issues regarding race and racial identity as well as questions pertaining to property rights and ownership have been prominent in much public discourse in the United States. In this article, Professor Harris contributes to this discussion by positing that racial identity and property are deeply interrelated concepts. Professor Harris examines how... |
1993 |
| Donald P. Judges |
Bayonets for the Wounded: Constitutional Paradigms and Disadvantaged Neighborhoods |
19 Hastings Constitutional Law Quarterly 599 (Spring, 1992) |
Introduction. 601 I. Equality Principles, Negative Rights. 605 A. Negative Rights, Entitlements, and State Action. 606 1. Negative Rights. 607 2. Entitlements. 613 3. State Action. 615 B. Equality of Educational Opportunity. 620 1. School Finance Cases. 620 2. Desegregation Cases. 623 C. The Paradigm as Problem. 628 II. Affirmative Action and... |
1992 |
| Maria A. Perugini |
Board of Education of Oklahoma City V. Dowell: Protection of Local Authority or Disregard for the Purpose of Brown V. Board of Education? |
41 Catholic University Law Review 779 (Spring, 1992) |
The United States Constitution guarantees equal protection of the law to all citizens. The Fourteenth Amendment provides that [n]o state shall make or enforce any law which shall deny . . . to any person within its jurisdiction the equal protection of the laws. For fifty-eight years, the United States Supreme Court interpreted this amendment to... |
1992 |
| Joelle S. Weiss |
Controlling Hiv-positive Women's Procreative Destiny: a Critical Equal Protection Analysis |
2 Seton Hall Constitutional Law Journal 643 (Spring, 1992) |
I. INTRODUCTION II. WOMEN AND CHILDREN WITH AIDS A. The Epidemiology of Women with AIDS B. The Epidemiology of Children with AIDS III. PAST, PRESENT, AND FUTURE EXPLOITATIVE REPRODUCTIVE MEASURES: AN AGGRESSIVE CRUSADE TO RESTRICT WOMEN'S PROCREATIVE AUTONOMY IV. THE CULTURAL, SOCIAL, RELIGIOUS, ECONOMIC, AND PERSONAL REALITIES OF REPRODUCTIVE... |
1992 |
| Kader Asmal |
Democracy and Human Rights: Developing a South African Human Rights Culture |
27 New England Law Review 287 (Winter, 1992) |
There is a certain element of irony in my being asked to speak on the need to develop a human rights culture in South Africa. You will therefore forgive me if I begin with a personal observation. My return to South Africa after an absence of over 30 years has been made possible by the heroism, sacrifice and leadership of our movement of liberation... |
1992 |
| Suzannah Bex Wilson |
Eliminating Sex Discrimination in the Legal Profession: the Key to Widespread Social Reform |
67 Indiana Law Journal 817 (Summer, 1992) |
The purpose of this Note is to begin where other literature has ended. That is, it will begin with a brief description of the origin and continuing impact of sex discrimination and then propose a method for eliminating it and the perceptions that perpetuate it. This Note argues that sex discrimination is rooted in the sexual division of labor and... |
1992 |
| Luke W. Cole |
Empowerment as the Key to Environmental Protection: the Need for Environmental Poverty Law |
19 Ecology Law Quarterly 619 ( 1992) |
C1-3CONTENTS L1-2Introduction 620 I. Pollution's Victims. 621 II. Environmental Movements and Environmental Law. 634 A. The Legal-Scientific Movement and the Emergence of Environmental Law. 635 B. The Rise of Grassroots Environmentalism. 636 C. Differences of Experience and Perspective. 639 III. Why Environmental Poverty Law?. 641 A. Environmental... |
1992 |
| Sara Rosenbaum |
Mothers and Children Last: the Oregon Medicaid Experiment |
18 American Journal of Law & Medicine 97 ( 1992) |
In 1989 and 1991 the Oregon legislature enacted a series of initiatives to extend health coverage to uninsured state residents. The first law mandates that all employers extend basic health insurance to their employees. The second establishes a high risk pool for medically uninsurable persons. The third act, which is the subject of this Article,... |
1992 |
| David Mechanic |
Professional Judgment and the Rationing of Medical Care |
140 University of Pennsylvania Law Review 1713 (May, 1992) |
Changes in knowledge and technology, the growth of the elderly population, and rising public expectations will continue to increase medical care costs. Due to these trends, more stringent rationing of medical care is inevitable. Future rationing must involve a blend of approaches, including: cost-sharing with patients (price rationing);... |
1992 |
| Vicki Schultz , Stephen Petterson |
Race, Gender, Work, and Choice: an Empirical Study of the Lack of Interest Defense in Title Vii Cases Challenging Job Segregation |
59 University of Chicago Law Review 1073 (Summer, 1992) |
I. Major Trends in Cases Addressing the Lack of Interest Defense A. The Issues B. The Data C. The Frequency and Success of the Lack of Interest Defense in Race and Sex Discrimination Cases Over Time II. The Double Standards for Interpreting Race and Sex Segregation on the Job: Judicial Responses to the Lack of Interest Defense in Race and Sex... |
1992 |
| Sara Rosenbaum |
Rationing Without Justice: Children and the American Health System |
140 University of Pennsylvania Law Review 1859 (May, 1992) |
Of all the hardships and inequities in the United States caused by the absence of a reasoned approach to health care resource allocation, perhaps none is more stark or poignant than the nation's treatment of children. The United States stands virtually alone among western industrialized democracies in failing to assure at least minimum health care... |
1992 |
| Charlotte Rutherford, Esq. |
Reproductive Freedoms and African American Women |
4 Yale Journal of Law & Feminism 255 (Spring, 1992) |
As an African American, a civil rights lawyer, a mother, and a feminist, I view reproductive freedoms for African American women from both a personal and professional perspective. Reproductive freedoms are life and death issues for many African American women and, as such, deserve as much recognition as any other freedom. Despite the importance of... |
1992 |
| Peter Lurie |
The Law as They Found It: Disentangling Gender-based Affirmative Action Programs from Croson |
59 University of Chicago Law Review 1563 (Fall, 1992) |
City of Richmond v J.A. Croson Co. was the first Supreme Court case in twelve years in which a majority agreed on a single standard of equal protection review for a race-specific preference program. The Court employed the strict scrutiny standard and signalled a departure from the prelapsarian era when all affirmative action programs were accorded... |
1992 |
| Kathryn A. Kelly |
The Target Marketing of Alcohol and Tobacco Billboards to Minority Communities |
5 University of Florida Journal of Law and Public Policy 33 (Fall, 1992) |
Drive through Black or Hispanic neighborhoods in most cities and you're likely to see big billboards right next to homes and churches and across the street from schools and parks - most of them advertising cigarettes and booze. Carl Rowan Syndicated Columnist I. INTRODUCTION. 34 II. COMMERCIAL SPEECH. 35 A. Commercial Speech Within First Amendment... |
1992 |
| Barbara Bennett Woodhouse |
Who Owns the Child?: Meyer and Pierce and the Child as Property |
33 William and Mary Law Review 995 (Summer, 1992) |
I. The Nature of the Project II. Language Laws, Common Schooling, and the Politics of Pluralism A. Language Laws and Common Schooling in Historical Context B. Americanization as a National Progressive Reform Movement C. A Test Case: Metamporphosis from Religious Liberty to Parental Rights III. Universal Common Schooling and the Populist Legacy A.... |
1992 |
| Elizabeth Eggleston Drigotas |
Forced Cesarean Sections: Do the Ends Justify the Means? |
70 North Carolina Law Review 297 (November, 1991) |
So many emotional issues surround court-ordered cesarean sections-pregnancy, motherhood, children, medical technology, bodily integrity, life, death, and impairment-that it is no wonder the practice has engendered so much debate and legal commentary. The subject arises in the rare situation when the attending physician decides that a surgical... |
1991 |
| Ester C. Kim |
Mississippi Band of Choctaw Indians V. Holyfield: the Contemplation of All, the Best Interests of None |
43 Rutgers Law Review 761 (Spring, 1991) |
In Mississippi Band of Choctaw Indians v. Holyfield, the United States Supreme Court held that Congress, when it enacted the Indian Child Welfare Act (ICWA or Act), did not intend that the term domicile be defined by state courts as a matter of law. As a result of this decision, the Choctaw Indian tribal court was granted exclusive... |
1991 |
| Twila L. Perry |
Race and Child Placement: the Best Interests Test and the Cost of Discretion |
29 Journal of Family Law 51 (1990/1991) |
Race can be an explosive factor in a child placement dispute. Race continues to be a divisive emotional issue in our society, where racial status is a determinant of so many life experiences andopportunities. Race may be a factor in a variety of child placement contexts: when parents of the same race divorce and the custodial parent establishes a... |
1991 |
| Deborah L. Rhode |
The "No-problem" Problem: Feminist Challenges and Cultural Change |
100 Yale Law Journal 1731 (April, 1991) |
I. INTRODUCTION II. THE DENIAL OF INJUSTICE A. The Historical Legacy 1. Traditional Assumptions 2. Legal Norms 3. Feminist Responses B. Contemporary Frameworks 1. The Cultural Context 2. Conservative Ideology: Religious and Sociobiological Premises 3. Gender Bias: Academic and Employment Settings III. THE DENIAL OF INEQUALITY A. The Embrace of... |
1991 |
| Trina Grillo |
The Mediation Alternative: Process Dangers for Women |
100 Yale Law Journal 1545 (April, 1991) |
INTRODUCTION: THE PROMISE OF MEDIATION I. THE RISE OF MANDATORY CUSTODY MEDIATION IN CALIFORNIA II. THE BETRAYAL OF MEDIATION'S PROMISES A. The Informal Law of Mediation B. The Promise to Contextualize Decisionmaking 1. Principles Versus Context as the Basis for Decisionmaking a. Principles and Fault in the Adversary System b. Principles and Fault... |
1991 |
| John A. Siliciano |
Wealth, Equity, and the Unitary Medical Malpractice Standard |
77 Virginia Law Review 439 (April, 1991) |
Making a product that is safe or rendering a service in a careful manner is seldom a costless proposition; indeed, increased levels of safety or care are often associated with increased expense. Thus, although a Volvo is safer than a Volkswagen, it is also more costly. While we well might prefer a different world-one where Volvo safety was... |
1991 |
| G. Robert Blakey , Thomas A. Perry |
An Analysis of the Myths That Bolster Efforts to Rewrite Rico and the Various Proposals for Reform: "Mother of God-is this the End of Rico?" |
43 Vanderbilt Law Review 851 (April, 1990) |
I. INTRODUCTION. 853 II. MYTHS THAT BOLSTER EFFORTS TO REWRITE RICO. 860 A. The Organized Crime Myth. 860 B. The Legitimate Business Myth. 868 C. The Litigation Floodgate Myth. 869 D. The Two Letters Myth. 874 E. The Contract Dispute Myth. 875 F. The Racketeer Label Myth. 875 G. The Litigation Abuse Myth. 877 H. The Litigation Abuse Remedies Myth.... |
1990 |
| Raymond C. O'Brien |
Discrimination: the Difference with Aids |
6 Journal of Contemporary Health Law and Policy 93 (Spring, 1990) |
What makes AIDS different from other fatal diseases? The response to this question often differs according to the attitude of the person answering the question. On the one hand are those who state that AIDS is the just result of a person's life of sodomy, illicit drug use, prostitution or even carelessness. Such a conclusion could justify extensive... |
1990 |
| Gary Peller |
Race Consciousness |
1990 Duke Law Journal 758 (September, 1990) |
The entire civil rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil rights thing from another anglefrom the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil rights struggle is to give it a new interpretation. The... |
1990 |
| Michael F. Potter |
Racial Diversity in Residential Communities: Societal Housing Patterns and a Proposal for a "Racial Inclusionary Ordinance"ddd' |
63 Southern California Law Review 1151 (May, 1990) |
I. INTRODUCTION II. RACIAL HOMOGENEITY IN RESIDENTIAL COMMUNITIES AND ITS DETRIMENTAL EFFECT ON BLACKS' WELL-BEING A. THE LACK OF RACIAL DIVERSITY IN RESIDENTIAL COMMUNITIES B. THE CAUSE OF RACIAL HOMOGENEITY IN RESIDENTIAL COMMUNITIES 1. The Effect of Income on Racial Housing Patterns 2. The Extent to Which Racial Homogeneity is Attributed to... |
1990 |
| Eleanor D. Kinney |
Rule and Policy Making for the Medicaid Program: a Challenge to Federalism |
51 Ohio State Law Journal 855 ( 1990) |
The Medicaid program provides health and long-term care insurance for some poor. Since its inception in 1965, the program has had a dramatic impact on improving access to health care services among the poor and thereby improving their health status. Between 1965 and 1974, infant mortality rates in the United States declined 32 percent and death... |
1990 |
| Taunya Lovell Banks |
Women and Aids -- Racism, Sexism, and Classism |
17 New York University Review of Law and Social Change 351 (1989/1990) |
Introduction I. Medical Background and Public Health Issues II. HIV Testing and Screening Methodologies III. A History of Racist Medicine IV. A Critique of Policies for Stemming Perinatal Transmission of HIV A. Prenatal Screening 1. In General 2. HIV Prenatal Screening B. Directive Counseling 1. In General 2. HIV Directive Counseling V. Privacy... |
1990 |