AuthorTitleCitationSummaryYear
David Schraub DOCTRINAL SUNSETS 93 Southern California Law Review 431 (March, 2020) Sunset provisions--timed expirations of an announced legal or policy rule-- occupy a prominent place in the toolkit of legislative policymakers. In the judiciary, by contrast, their presence is far more obscure. This disjuncture is intriguing. The United States' constitutional text contains several sunset provisions, and an apparent doctrinal... 2020
Teri Dobbins Baxter DYING FOR EQUAL PROTECTION 71 Hastings Law Journal 535 (April, 2020) When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor... 2020
Valarie K. Blake ENSURING AN UNDERCLASS: STIGMA IN INSURANCE 41 Cardozo Law Review 1441 (April, 2020) In our country, access to insurance can be a matter of life and death, as well as financial security. Despite these great stakes, the cost and quality of insurance are often influenced by social factors like sexual orientation, age, gender, and race. Such discrimination, forbidden in other settings like employment, is forgiven in insurance, even... 2020
Victoria Finkle, Olivia Grob-Lipkis, Andrea Lau, Jorge Andres Soto, Morgan Williams ENSURING FAIR HOUSING DURING THE COVID-19 PANDEMIC 29 Journal of Affordable Housing & Community Development Law 179 (2020) I. Structural Racism and Lessons from Past Crises. 181 II. Wealth Loss and Displacement Threaten Communities of Color in a Myriad of Ways. 184 A. Health Effects of Unequal Housing. 186 B. Housing Discrimination in the Pandemic. 187 III. The Trump Administration's Dangerous Policies. 189 A. Disparate Impact. 189 B. Affirmatively Furthering Fair... 2020
Eli Woods ENVIRONMENTAL RACISM IN THE AGE OF COVID-19 26 Public Interest Law Reporter 94 (Fall, 2020) As the COVID-19 pandemic has swept the world leaving millions infected, hundreds of thousands dead, and most economies in tatters, a question that has gone largely unanswered is whether toxic air pollution has been a culprit in helping spread the virus. What effects, if any, have high levels of toxic air pollution in communities of color had on the... 2020
Barry E. Hill ENVIRONMENTAL RIGHTS, PUBLIC TRUST, AND PUBLIC NUISANCE: ADDRESSING CLIMATE INJUSTICES THROUGH STATE CLIMATE LIABILITY LITIGATION 50 Environmental Law Reporter (ELI) 11022 (December, 2020) This Article focuses on an area of rapidly evolving jurisprudence--climate liability litigation. It examines in depth the state attorney general's complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies... 2020
Isaac D. Buck EXPOSED: WHY HEALTH INSURANCE IS INCOMPLETE AND WHAT CAN BE DONE ABOUT IT, CHRISTOPHER T. ROBERTSON (HARVARD UNIVERSITY PRESS, 2019, 248 PP.) 40 Journal of Legal Medicine 283 (April-June, 2020) Health law and policy scholars are naturally motivated to improve the American health care system, which is defined by poor quality metrics, racial and socioeconomic disparities, and exorbitant costs. In response, their scholarship focuses on improving the implementation and delivery of American health care for the typical patient--from increasing... 2020
James J. Brudney FORSAKEN HEROES: COVID-19 AND FRONTLINE ESSENTIAL WORKERS 48 Fordham Urban Law Journal 1 (December, 2020) Who sees with equal eye, as God of all, A hero perish, or a sparrow fall, Atoms or systems into ruin hurl'd, And now a bubble burst, and now a world. - An Essay on Man, Epistle 1, Alexander Pope (1734) Introduction. 2 I. The COVID-19 Frontline Essential Workforce. 7 A. Demographics. 7 B. Union Representation. 9 C. Risks of Infection. 10 II.... 2020
Barbara L. Atwell FROM PUBLIC HEALTH TO PUBLIC WEALTH: THE CASE FOR ECONOMIC JUSTICE 108 Kentucky Law Journal 387 (2019-2020) Table of Contents. 387 Introduction. 388 I. Public Health Law: we're in the Same Boat Now. 392 II. Public Health, But Private Wealth of the 1%, by the 1%, for the 1%. 405 III. What if Money Could Heal Us?. 419 A. Board Compensation and Accountability. 421 i. Eliminate the business judgment rule in matters of executive compensation. 421 ii.... 2020
Helen M. Alvaré GENDER MISTRUST AS A PUBLIC HEALTH CRISIS: A PRELIMINARY PROPOSAL 108 Georgetown Law Journal 1401 (May, 2020) C1-3Table of Contents L1-2Introduction . L31401 I. Impaired Relations and Negative Stereotypes as a Public Health Crisis?. 1403 a. what makes a public health crisis?. 1403 b. impaired relations as a public health crisis: gun violence, racism, and opioid addiction. 1405 II. Gender Mistrust Has the Characteristics of a Public Health Crisis. 1408 a.... 2020
Trina Jones , Jessica L. Roberts GENETIC RACE? DNA ANCESTRY TESTS, RACIAL IDENTITY, AND THE LAW 120 Columbia Law Review 1929 (November, 2020) Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... 2020
Verónica C. Gonzales-Zamora GIVE ME LIBERTY, OR GIVE ME BREATH: A CALL FOR ECONOMIC JUSTICE 69 Journal of Legal Education 643 (Spring, 2020) Awareness or coming to a new consciousness are steps toward maturity, and the stories can serve as guideposts. For us Nuevo Mexicanos growing in the Spanish-speaking villages, the cuentos of the folk tradition related the adventures of heroes who overcame the monsters, and through these stories it was possible to understand the role of the ghosts... 2020
Chandra L. Ford GRAHAM, POLICE VIOLENCE, AND HEALTH THROUGH A PUBLIC HEALTH LENS 100 Boston University Law Review 1093 (May, 2020) That police kill black people with impunity is a concerning social issue--but is it a public health problem? In this Essay, I examine how certain public health concepts and approaches can inform both the answer to this question and the development of strategies to address the problem. Drawing on Ruth Wilson Gilmore's definition of racism as the... 2020
Montrece M. Ransom, JD, MPH , Vice Chair, Coordinating Committee on Diversity, ABA Health Law Section GUEST CHAIR'S COLUMN: DYING TO BELONG: RACISM AS A PUBLIC HEALTH ISSUE 32 Health Lawyer 3 (June, 2020) I am obsessed with the phenomenon of belonging. For the past year, I've been studying, presenting workshops on, and writing about the importance of fostering a sense of belonging in all of our shared spaces. In addition, the heart of my coaching practice is affirming to my clients that anywhere they are called or aspire to be, they belong.... 2020
Dayna Bowen Matthew, J.D., Ph.D. HEALING HATE: A PUBLIC HEALTH PERSPECTIVE ON CIVIL RIGHTS IN AMERICA 27 Virginia Journal of Social Policy and the Law 1 (Spring, 2020) As health care providers better understand the social determinants of health, an emerging literature reveals that a major driver of public health disparities is subordination. Inspired by a provocative new approach to addressing population health disparities, this conference gathered scholars and clinicians and policy-makers to explore a powerful... 2020
Jacob Z. Bolton HEALTH IN ALL OR PROFIT FOR SOME: HEALTH AND RACIAL EQUITY IN ALL POLICY FOR A JUST TRANSITION 20 Journal of Law in Society 315 (Summer, 2020) C1-2TABLE OF CONTENTS Introduction. 315 Background. 317 L1 A. Background on Climate Destabilization. L2317 L1 B. Background on Climate Destabilization Law. L2322 L1 C. Proposals for U.S. Climate Change Law. L2329 L1 D. Building Local Institutions for Climate Justice. L2335 I. Climate Change & Inequity: A Root Cause Analysis. 338 II. Frame Policies... 2020
Emily A. Benfer, Seema Mohapatra, Lindsay F. Wiley, Ruqaiijah Yearby HEALTH JUSTICE STRATEGIES TO COMBAT THE PANDEMIC: ELIMINATING DISCRIMINATION, POVERTY, AND HEALTH DISPARITIES DURING AND AFTER COVID-19 19 Yale Journal of Health Policy, Law & Ethics 122 (Fall, 2020) Experience with past epidemics made it predictable that people living in poverty, people of color, and other marginalized groups would bear the brunt of the coronavirus pandemic due to the social determinants of health (SDOH). The SDOH are subdivided into structural and intermediary determinants. Structural determinants include forms of... 2020
Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz HEALTH JUSTICE STRATEGIES TO ERADICATE LEAD POISONING: AN URGENT CALL TO ACTION TO SAFEGUARD FUTURE GENERATIONS 19 Yale Journal of Health Policy, Law & Ethics 146 (Spring, 2020) Abstract: Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children's environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place... 2020
Taylor L. Baker, Katherine A. Buckley, Robert P. Carpenter HEALTH LAW 70 Syracuse Law Review 423 (2020) C1-2Table of Contents Introduction. 423 I. New York State Case Law. 424 A. Brito v. Gomez: Discoverability of Prior Medical Records. 424 B. Clifford v. Kates: Continuous Treatment and Consulting an Attorney. 427 C. Cohen v. Gold: Continuous Treatment and Retirement. 429 D. Tornatore v. Cohen: Experts and Professional Reliability. 432 E. Vargas v.... 2020
Samuel C. Bruder HEALTH SHOULD BE A RECOGNIZED HUMAN RIGHT IN THE US: HOW THE HEALTH CARE SYSTEM IS FAILING UNDER FEDERAL TAX POLICIES 20 Connecticut Public Interest Law Journal 88 (Fall-Winter 2020) Access to affordable, quality health care should be a widely recognized, basic human right. The United States has a moral and legal obligation to provide protection and ensure such access, but is failing from a human rights perspective due to its insistence on using failing tax policies to address changes. International treaties such as the... 2020
Shawn Trabanino HEALTH, LAW, AND ETHNICITY: THE DISABILITY ADMINISTRATIVE LAW JUDGE AND HEALTH DISPARITIES FOR DISADVANTAGED POPULATIONS 108 California Law Review 2079 (December, 2020) Social determinants play into who gets to die prematurely while others get to have healthy productive lives--these are loosely called health disparities. Health disparities are typically understood socially, economically, and politically, but rarely analyzed within the legal system. The Social Security Administration (SSA)--the federal program for... 2020
William M. Sage, M.D. J.D. HEALTHISM: JESSICA L. ROBERTS AND ELIZABETH WEEKS (CAMBRIDGE UNIVERSITY PRESS, 2018, PP. 220), ISBN-13: 978-1316613429, PAPERBACK 39 Journal of Legal Medicine 447 (January, 2020) Mobilized by the denial of potentially lifesaving treatment to a child with cancer in the late 1980s, the state of Oregon radically revamped its Medicaid program. Instead of hiding the human cost of the state's budgetary priorities in general expenditure categories and percentage-of-poverty eligibility rules, the draft Oregon Health Plan (OHP) used... 2020
Lothar Determann HEALTHY DATA PROTECTION 26 Michigan Technology Law Review 229 (Spring, 2020) Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the... 2020
Eric N. Lindblom HOW WOULD AN ETHICALLY RESPONSIBLE FDA EVALUATE PMTA AND MRTP APPLICATIONS AND ISSUE RELATED ORDERS? 75 Food & Drug Law Journal 1 (2020) Pursuant to the U.S. Tobacco Control Act, any tobacco product that was not already legally on the U.S. market on February 15, 2007 or is not substantially equivalent to a product that was on the market on that date may not enter or stay on the market unless it has submitted a Premarket Tobacco Product Application (PMTA) to the U.S. Food and Drug... 2020
Lauren E. Bartlett HUMAN RIGHTS GUIDANCE FOR ENVIRONMENTAL JUSTICE ATTORNEYS 97 University of Detroit Mercy Law Review 373 (Spring, 2020) I. Introduction. 374 II. Historical Context. 378 i. Environmental Justice Movement. 379 ii. Movement for Environmental Human Rights. 386 III. Environmental Human Rights Law: An Overview. 392 i. Treaties. 394 ii. Customary International Law. 397 iii. Constitutions and Statutes. 399 iv. Case Law. 404 1. Inter-American Human Rights System. 405 2.... 2020
Lawrence O. Gostin , Eric A. Friedman IMAGINING GLOBAL HEALTH WITH JUSTICE: TRANSFORMATIVE IDEAS FOR HEALTH AND WELL-BEING WHILE LEAVING NO ONE BEHIND 108 Georgetown Law Journal 1535 (May, 2020) C1-3Table of Contents L1-2Introduction . L31537 I. From Universal Health Coverage to Health for All: The Three Strands of Global Health. 1545 a. universal health coverage. 1545 b. public health services. 1546 c. social determinants of health. 1547 d. progress in global health through interactions among healthcare, public health, and social... 2020
Emily S. Beukema INDIANA MEDICAID: HOPE AMID A CRISIS 17 Indiana Health Law Review 183 (2020) There's all sorts of trauma from drama that children see, type [] that normally would call for therapy. But you know just how it go in our community, Keep [it] inside it don't matter how hard it be. The rise in substance misuse in the United States has been neither quiet nor subtle. In 2017, the U.S. Department of Health and Human Services (HHS)... 2020
I. Glenn Cohen INFORMED CONSENT AND MEDICAL ARTIFICIAL INTELLIGENCE: WHAT TO TELL THE PATIENT? 108 Georgetown Law Journal 1425 (May, 2020) C1-3Table of Contents L1-2Introduction . L31426 I. A Brief Primer on Medical AI/ML. 1429 II. The Doctrinal Question: How Does the Current Case Law on Informed Consent in the United States Apply to Medical AI/ML?. 1432 a. general background on u.s. informed consent law. 1432 b. three kinds of penumbral informed consent cases that may prove useful... 2020
Yael Cannon INJUSTICE IS AN UNDERLYING CONDITION 6 University of Pennsylvania Journal of Law & Public Affairs 201 (December, 2020) Race, poverty, and zip code serve as critical determinants of a person's health. Research showed the links between these factors and poor health and mortality before COVID-19, and they have only been amplified during this pandemic. People of color experience higher rates of asthma, heart disease, diabetes, and other chronic conditions. People of... 2020
Rachel E. Sachs INTEGRATING HEALTH INNOVATION POLICY 34 Harvard Journal of Law & Technology 57 (Fall, 2020) C1-2Table of Contents I. Introduction. 58 II. Conceptualizing Fragmentation in Health Law. 63 A. Defining the Scope of Fragmentation. 63 B. Assessing the Impacts of Fragmentation. 67 III. Fragmentation over Time. 69 A. Examples of Time-Based Fragmentation. 70 1. Fragmentation in Insurance Structure. 70 2. Time-Based Fragmentation's Impact on Access... 2020
Javier Vasquez, LL.B., LL.M. INTERNATIONAL HUMAN RIGHTS LAW & THE HEALTH OF PERSONS WITH INTELLECTUAL DISABILITIES 15 Health Law & Policy Brief 27 (Winter 2020) C1-2Table of Contents I. Introduction. 29 II. Relationships Between the Human Rights of Persons with Intellectual Disabilities & the Enjoyment of Health. 34 III. International Human Rights Instruments in the Context of the Health of Persons with Intellectual Disabilities. 36 IV. Human Rights & Fundamental Freedoms Related to the Health & Well-Being... 2020
Ruqaiijah Yearby INTRODUCTION 14 Saint Louis University Journal of Health Law & Policy 1 (2020) On June 10, 1963, President John F. Kennedy signed the Equal Pay Act, which prohibited sex-based wage discrimination for women and men performing the same job in the same workplace. A little over a year later, President Lyndon B. Johnson signed the Civil Rights Act of 1964, which prohibited employment discrimination based on race, religion,... 2020
The Honorable Cindy Grace Thyer IS IT TIME FOR ARKANSAS TO CONSIDER PRETRIAL REFORM? 42 University of Arkansas at Little Rock Law Review 511 (Spring, 2020) Approximately two-thirds of the national jail population consists of pretrial detainees--people who are constitutionally presumed innocent of the charges they are facing. Many, if not most, of these individuals are incarcerated because they are unable to post money bail. This article explores some of the complexities of pretrial release/detention... 2020
Nicole Huberfeld IS MEDICARE FOR ALL THE ANSWER? ASSESSING THE HEALTH REFORM GESTALT AS THE ACA TURNS 10 20 Houston Journal of Health Law & Policy 69 (2020) You keep using that word. I do not think that word means what you think it means. Introduction. 70 I. Measuring the ACA on Its Own Terms. 74 II. Features of Current Proposals. 82 A. Medicare Overview. 82 B. Medicare for All Single Payer Models. 85 1. Actual Single Payer. 85 2. Very Nearly Single Payer. 86 C. Medicare Expansion. 90 D. New Public... 2020
Medha D. Makhlouf LABORATORIES OF EXCLUSION: MEDICAID, FEDERALISM & IMMIGRANTS 95 New York University Law Review 1680 (December, 2020) Medicaid's cooperative federalism structure gives states significant discretion to include or exclude various categories of noncitizens. This has created extreme geographic variability in noncitizens' access to health coverage. This Article describes federalism's role in influencing state policies on noncitizen eligibility for Medicaid and its... 2020
Ruqaiijah Yearby , Seema Mohapatra LAW, STRUCTURAL RACISM, AND THE COVID-19 PANDEMIC 7 Journal of Law & the Biosciences 1 (January-June, 2020) During the 1918 flu pandemic, American Indians experienced a disease specific mortality rate of four times that of other ethnic groups', whereas during the 2009 H1N1 pandemic American Indian and Alaska Natives' mortality rate from H1N1 was four times that of all other racial and ethnic minority populations combined. During the COVID-19 pandemic,... 2020
Nkechi Taifa LET'S TALK ABOUT REPARATIONS 10 Columbia Journal of Race and Law 1 (2020) In the spring of the 2019, the Columbia Journal of Race and Law invited activist, attorney and scholar, Nkechi Taifa, to Columbia Law School for a public lecture on the topic of Reparations for descendent of enslaved Africans in the United States. Reparations has been a subject to much public discourse over the years and, in the last decade in... 2020
Carly M. Toepke, Gerald P. Schneeweis, Andrew J. Bayne LIFE SCIENCES & HEALTH LAW 54 The Year in Review (ABA) 407 (2020) This article examines selected international legal developments relating to life sciences and health law in 2019. In Nigeria, the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 was signed in January 2019. This positive action provides that a person with a disability shall not be discriminated against on the ground of his... 2020
Valerie Schneider LOCKED OUT BY BIG DATA: HOW BIG DATA, ALGORITHMS AND MACHINE LEARNING MAY UNDERMINE HOUSING JUSTICE 52 Columbia Human Rights Law Review 251 (Fall, 2020) As housing-related decisions are increasingly being made by algorithms instead of individuals, it is critical that the technologies used to make those decisions do not replicate or even worsen patterns of discrimination and segregation. While it may be convenient to believe that bias can be eliminated by putting decision-making authority in the... 2020
Deborah Zalesne MAKING RIGHTS A REALITY: ACCESS TO HEALTH CARE FOR AFRO-COLOMBIAN SURVIVORS OF CONFLICT-RELATED SEXUAL VIOLENCE 51 Columbia Human Rights Law Review 668 (Winter, 2020) In 2008, Colombia enacted Law 1257, which states that women's rights are human rights, and that women's rights include the right to a dignified life, including the right to physical health and sexual and reproductive health. In 2016, the Colombian government signed a peace accord with the Revolutionary Armed Forces of Colombia (FARC),... 2020
Caroline V. Lawrence, The COVID-Dynamic Team MASKING UP: A COVID-19 FACE-OFF BETWEEN ANTI-MASK LAWS AND MANDATORY MASK ORDERS FOR BLACK AMERICANS 11 California Law Review Online 479 (November, 2020) Mandatory PPE orders during COVID-19 have forced Black Americans to weigh the dangers of disease against the dangers of selective enforcement and racial profiling. In states with civil rights-era anti-mask laws, both wearing and eschewing masks could lead to police interaction. This Essay argues that anti-mask laws were only superficially intended... 2020
Deborah Hellman MEASURING ALGORITHMIC FAIRNESS 106 Virginia Law Review 811 (June, 2020) Algorithmic decision making is both increasingly common and increasingly controversial. Critics worry that algorithmic tools are not transparent, accountable, or fair. Assessing the fairness of these tools has been especially fraught as it requires that we agree about what fairness is and what it requires. Unfortunately, we do not. The... 2020
Craig Konnoth MEDICAL CIVIL RIGHTS AS A SITE OF ACTIVISM: A REPLY TO CRITICS 73 Stanford Law Review Online 104 (December, 2020) My respondents, Allison Hoffman, and Rabia Belt and Doron Dorfman, generously wrote their responses to my Article, Medicalization and the New Civil Rights as the nation lurched from crisis to crisis. Their responses were written in the throes of the onslaught of COVID-19, the effects of which were concentrated on those who were already vulnerable.... 2020
Micaela Gelman MISMANAGED CARE: EXPLORING THE COSTS AND BENEFITS OF PRIVATE vs. PUBLIC HEALTHCARE IN CORRECTIONAL FACILITIES 95 New York University Law Review 1386 (November, 2020) Administering healthcare in prisons and jails has been an exceptionally difficult task for state, county, and city governments for decades. Facing the unprecedented rise in the correctional population, governments began contracting with private correctional healthcare companies in the 1980s for cheaper, higher-quality care. However, in practice,... 2020
Hafsa S. Mansoor MODERN RACISM BUT OLD-FASHIONED IIED: HOW INCONGRUOUS INJURY STANDARDS DENY "THICK SKIN" PLAINTIFFS REDRESS FOR RACISM AND ETHNOVIOLENCE 50 Seton Hall Law Review 881 (2020) To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... 2020
Alejandro Banuelos , Aaron Clarke MOVEMENT AND CRISIS: A SOCIAL HEALTH MANIFESTO 68 UCLA Law Review Discourse 56 (2020) In this Article, we employ the terms Health (as a white supremacist mode of being) and social health to demystify how race and health are mobilized by the state and its representative bodies to shift accountability away from their role in crafting an anti-Black world, contain and quell Black protest, and how Black communities have dreamt and... 2020
Kermit Lind MOVING TOWARD SUSTAINABLE RESIDENTIAL INTEGRATION WITH RACIAL JUSTICE AND SOCIAL EQUITY 70 Case Western Reserve Law Review 759 (Spring, 2020) C1-2Contents Introduction. 759 I. Perspective of a Neighborhood-based Community Development Lawyer. 762 II. The Challenges of Neighborhood Community Development in 21st Century Cities. 764 III. The Principles and Characteristics of Just Sustainability. 766 IV. Moving Toward Sustainable Integrated Residential Neighborhoods and Communities. 770... 2020
Andrew D. Selbst NEGLIGENCE AND AI'S HUMAN USERS 100 Boston University Law Review 1315 (September, 2020) Negligence law is often asked to adapt to new technologies. So it is with artificial intelligence (AI). Though AI often conjures images of autonomous robots, especially autonomous vehicles, most existing AI technologies are not autonomous. Rather, they are decision-assistance tools that aim to improve on the inefficiency, arbitrariness, and bias... 2020
Dr. Charles J. Reid, Jr. PANDEMIC OF INEQUALITY: AN INTRODUCTION TO INEQUALITY OF RACE, WEALTH, AND CLASS, EQUALITY OF OPPORTUNITY 14 University of St. Thomas Journal of Law & Public Policy 1 (December, 2020) This Symposium was proposed and planned months before COVID-19 emerged as a public health emergency. Still, it can safely be said that the COVID pandemic that ravaged the United States in the summer and fall of 2020--a pandemic, furthermore, that poses an even greater threat in the upcoming winter--has revealed in vivid detail the inequalities at... 2020
Kristen Underhill PERCEPTIONS OF PROTECTION UNDER NONDISCRIMINATION LAW 46 American Journal of Law & Medicine 21 (2020) INTRODUCTION I. NONDISCRIMINATION PROTECTIONS IN HEALTH CARE A. Nondiscrimination Rules for Health Care Providers B. Impacts of Nondiscrimination Rules for Providers C. Impacts for Members of the Protected Class D. Pathways between Nondiscrimination Law and Patients' Decisions II. A SURVEY OF LEGAL KNOWLEDGE, BELIEFS, AND CARE-SEEKING A. Method and... 2020
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