| Author | Title | Citation | Summary | Year |
| Joy Milligan |
PLESSY PRESERVED: AGENCIES AND THE EFFECTIVE CONSTITUTION |
129 Yale Law Journal 924 (February, 2020) |
abstract. Sometimes the judicial Constitution is not the one that matters. The administrative state is capable of creating divergent legal frameworks that powerfully shape public life. But to the extent that they reside outside of judicial precedent, such administrative regimes may go unrecognized. In this Article, I chart the history of an... |
2020 |
| Elyssa Spitzer |
PREGNANCY'S RISKS AND THE HEALTH EXCEPTION IN ABORTION JURISPRUDENCE |
22 Georgetown Journal of Gender and the Law 127 (Fall, 2020) |
Current abortion jurisprudence provides logically sufficient grounds for universal access. Under the health exception, abortion-regulating legislation must explicitly permit abortion access when a pregnancy threatens a pregnant person's health. This article argues that, given the universal risks of pregnancy and birth, the reasoning of the health... |
2020 |
| Daniel G. Orenstein, JD, MPH |
PREVENTING INDUSTRY ABUSE OF CANNABIS EQUITY PROGRAMS |
45 Southern Illinois University Law Journal 69 (Fall, 2020) |
Enforcement disparities have pervaded the history of U.S. drug control laws, particularly regarding cannabis. These disparities have systemically disadvantaged persons of color and other communities. Responding to these inequities, some state cannabis legalization campaigns have emphasized social justice goals, and states and localities have... |
2020 |
| R. George Wright |
PROFESSOR KINNEY ON THE HUMAN RIGHT TO HEALTH CARE: CONTINUING THE CONVERSATION |
17 Indiana Health Law Review 33 (2020) |
For Professor Kinney, the idea of a human right to health care was a matter of central and continuing interest. Rather like a gemologist, Professor Kinney examined the facets of this right with discerning attention. This contribution continues the conversation with Professor Kinney at fundamental levels. Professor Kinney distinguished, in... |
2020 |
| Anya E.R. Prince, Daniel Schwarcz |
PROXY DISCRIMINATION IN THE AGE OF ARTIFICIAL INTELLIGENCE AND BIG DATA |
105 Iowa Law Review 1257 (March, 2020) |
ABSTRACT: Big data and Artificial Intelligence (AI) are revolutionizing the ways in which firms, governments, and employers classify individuals. Surprisingly, however, one of the most important threats to anti-discrimination regimes posed by this revolution is largely unexplored or misunderstood in the extant literature. This is the risk that... |
2020 |
| Dawn Pepin |
PUBLIC HEALTH EQUITY LAW: CONSIDERING LAW AS A TOOL IN ACHIEVING HEALTH EQUITY |
70 DePaul Law Review 1 (Fall, 2020) |
Health equity is achieved when each person attains their highest level of health . However, recent research published in the Journal of the American Medical Association (JAMA) by Frederick Zimmerman and Nathaniel Anderson, found that although there have been some promising developments, there has been an overall lack of improvement in health... |
2020 |
| Jamie Langowski, William Berman, Grace Brittan, Catherine LaRaia, Jee-Yeon Lehmann, Judson Woods |
QUALIFIED RENTERS NEED NOT APPLY: RACE AND HOUSING VOUCHER DISCRIMINATION IN THE METROPOLITAN BOSTON RENTAL HOUSING MARKET |
28 Georgetown Journal on Poverty Law and Policy 35 (Fall, 2020) |
Black, Indigenous, and People of Color have long had to navigate the barriers of racist laws, policies, and actions in housing. Housing discrimination perpetuates segregation and contributes to maintaining the status quo of disparities with respect to health inequities as well as income, wealth, and opportunity gaps. The COVID-19 pandemic has put... |
2020 |
| Khiara M. Bridges |
RACE, PREGNANCY, AND THE OPIOID EPIDEMIC: WHITE PRIVILEGE AND THE CRIMINALIZATION OF OPIOID USE DURING PREGNANCY |
133 Harvard Law Review 770 (January, 2020) |
C1-2CONTENTS Introduction. 772 Formulations of White Privilege. 778 I. The Opioid Epidemic. 785 A. Race and the Opioid Epidemic. 788 B. Pregnancy and the Opioid Epidemic. 793 II. Substance Use During Pregnancy and the Law. 798 A. Civil Systems. 798 B. Criminal Systems. 803 1. Alabama. 810 2. South Carolina. 811 3. Tennessee. 812 III. The... |
2020 |
| Bobbi M. Bittker |
RACIAL AND ETHNIC DISPARITIES IN EMPLOYER-SPONSORED HEALTH COVERAGE |
45 Human Rights 18 (2020) |
Health care as a human right is a principle building momentum in the current political climate, where proposals for universal health care have again taken center stage. A healthy society is composed of healthy individuals. Yet, civil rights violations resulting in many racial and ethnic disparities still need to be addressed in order to deliver... |
2020 |
| Michael Siegel |
RACIAL DISPARITIES IN FATAL POLICE SHOOTINGS: AN EMPIRICAL ANALYSIS INFORMED BY CRITICAL RACE THEORY |
100 Boston University Law Review 1069 (May, 2020) |
Although the use of excessive force by police has been a concern within communities of color for decades, the issue recently reached the public consciousness through media coverage of a number of high-profile police killings of unarmed Black victims. In explaining these events, the common understanding has been that there are some bad apples... |
2020 |
| Khiara M. Bridges |
RACIAL DISPARITIES IN MATERNAL MORTALITY |
95 New York University Law Review 1229 (November, 2020) |
Racial disparities in maternal mortality have recently become a popular topic, with a host of media outlets devoting time and space to covering the appalling state of black maternal health in the country. Congress responded to this increased societal awareness by passing the Preventing Maternal Deaths Act at the tail end of 2018. The law provides... |
2020 |
| Nathan Tauger |
RACIAL SEGREGATION IN WEST VIRGINIA HOUSING, 1929-1971 |
123 West Virginia Law Review 171 (Fall, 2020) |
I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... |
2020 |
| Palma Joy Strand, Nicholas A. Mirkay |
RACIALIZED TAX INEQUITY: WEALTH, RACISM, AND THE U.S. SYSTEM OF TAXATION |
15 Northwestern Journal of Law & Social Policy 265 (Spring, 2020) |
This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been... |
2020 |
| Tyler Dueno |
RACIST ROBOTS AND THE LACK OF LEGAL REMEDIES IN THE USE OF ARTIFICIAL INTELLIGENCE IN HEALTHCARE |
27 Connecticut Insurance Law Journal 337 (Fall, 2020) |
This article examines the rapidly accelerating use of powerful artificial intelligence to make healthcare decisions. Artificial intelligence promises many benefits: affordable and accessible healthcare; diagnostic accuracy; and efficiently streamlining tasks related to prior authorization procedures. However, the perils involve proxy discrimination... |
2020 |
| Kim Shayo Buchanan, Phillip Atiba Goff |
RACIST STEREOTYPE THREAT IN CIVIL RIGHTS LAW |
67 UCLA Law Review 316 (May, 2020) |
Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,... |
2020 |
| Leora Friedman |
RECOMMENDING JUDICIAL RECONSTRUCTION OF TITLE VI TO CURB ENVIRONMENTAL RACISM: A RECKLESSNESS-BASED THEORY OF DISCRIMINATORY INTENT |
32 Georgetown Environmental Law Review 421 (Winter, 2020) |
Environmental racism involves the federal government's sponsorship or licensing of private entities that discharge environmental hazards (such as air pollution flowing from nuclear power plants) in communities largely comprised of minority races or ethnicities. It also includes federal funding of state agencies involved with these private projects.... |
2020 |
| Leonard Mukosi |
RE-CONCEPTUALIZING THE INTERNATIONAL HUMAN RIGHT TO HEALTH: AN ANALYSIS OF THE TRENDS IN DEVELOPING AND DEVELOPED COUNTRIES' RESPONSES TO SUBSTANCE USE DISORDERS |
22 San Diego International Law Journal 41 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 42 II. Understanding Drug Addiction. 43 A. Addiction Crisis in Zimbabwe. 46 1. Zimbabwe's Substance Abuse Policy and Law. 47 B. Addiction Crisis in the United States of America. 51 1. The American Criminal Justice System and Drug Addiction. 52 2. The American Federal Health Care System and Addiction. 55 3.... |
2020 |
| Leah Litman |
REDEFINING REPRODUCTIVE RIGHTS AND JUSTICE |
118 Michigan Law Review 1095 (April, 2020) |
Reproductive Rights and Justice Stories. Edited by Melissa Murray, Katherine Shaw and Reva B. Siegel. Foundation Press. 2019. Pp. 265. $54. The 2016 presidential election was a critical moment for reproductive rights and justice. The Republican Party platform promised Supreme Court appointments [that] will enable courts to begin to reverse the... |
2020 |
| Steven M. Salky , Joshua A. Levy , Email stevensalky@gmail.com, Levy Firestone Muse LLP, Washington, DC, 202-845-3215, Email jal@levyfirestone.com, Website www.levyfirestone.com |
REFORMING POLICE USE OF DEADLY FORCE TO ARREST |
44-JUN Champion 52 (June, 2020) |
The killing of George Floyd by a police officer during an arrest for the alleged passing of a counterfeit $20 bill has reignited the long-standing call for reforming police practices. Central to the Floyd case, as well as numerous other arrests of unarmed Black men that have spiraled into death, is the issue of when police are authorized to use... |
2020 |
| Elif Kavusturan, S.J.D. |
REFORMING U.S. PATENT LAW TO ENABLE ACCESS TO ESSENTIAL MEDICINES IN THE ERA OF ARTIFICIAL INTELLIGENCE |
18 Northwestern Journal of Technology & Intellectual Property 51 (November, 2020) |
Abstract--The patent system has long been criticized for limiting access to pharmaceuticals. Patents grant inventors a limited period of exclusivity with an attempt to allow recoupment of investments in the invention process. In the pharmaceutical industry, this exclusivity and the resulting lack of competition leads to exorbitant prices. High... |
2020 |
| Arden Rowell |
REGULATING BEST-CASE SCENARIOS |
50 Environmental Law 1105 (Winter 2020) |
Over the last decade, an increasingly robust interdisciplinary literature has developed to guide policymakers in managing worst-case scenarios-- catastrophes, natural hazards, disasters, and ecological collapse. As of yet, however, there is no reciprocal literature for the opposite of such catastrophic risk: for regulating and managing phenomena... |
2020 |
| Mary Crossley |
REPRODUCING DIGNITY: RACE, DISABILITY, AND REPRODUCTIVE CONTROLS |
54 U.C. Davis Law Review 195 (November, 2020) |
C1-2Table of Contents Introduction. 197 I. Historical Parallels: Eugenics-Era Controls on Reproduction. 203 A. Sorting Stock. 204 B. Public Health, Prejudice, and Policy. 205 II. Eugenics 2.0: Contemporary Parallels in the Experiences of Black and Disabled Women. 209 A. Persistent Stereotypes. 210 B. Contemporary Parallels: Interference with... |
2020 |
| Monica Cosby , Annalise Buth |
RESTORATIVE REVELATIONS |
17 University of Saint Thomas Law Journal 81 (Fall, 2020) |
A novel coronavirus and endemic racism are cracking the foundations of the United States of America. In October 2019, while participating in the University of St. Thomas Law Journal Symposium Restorative Justice, Law & Healing, we never dreamt that months later a viral pandemic would be devastating the world. There have been over sixty-three... |
2020 |
| Brietta R. Clark , Elizabeth Pendo , Gabriella Garbero , Professor, Loyola Law School, Los Angeles, CA, Professor, Saint Louis University School of Law, Saint Louis, MO, Saint Louis University School of Law, Class of 2021, Saint Louis, MO |
SEX-BASED DISCRIMINATION IN HEALTHCARE UNDER SECTION 1557: THE NEW FINAL RULE AND SUPREME COURT DEVELOPMENTS |
33 Health Lawyer 5 (October, 2020) |
One of the primary goals of the Patient Protection and Affordable Care Act (PPACA) has been the reduction and elimination of health disparities, generally defined as population-level health differences that adversely affect disadvantaged groups, including disparities associated with sex and gender. Many of PPACA's general provisions--expanded... |
2020 |
| Daniela Tenjido |
SHUT UP AND DRIBBLE: THE RACIAL SUBORDINATION OF THE BLACK PROFESSIONAL ATHLETE |
33 Saint Thomas Law Review 27 (Fall, 2020) |
Most popular sports in the U.S. today are dominated by Black athletes. The professional Black athlete today has opportunities that the majority of his non-athlete counterparts do not. Judging objectively, professional Black athletes made it. Lucrative lifestyles and international fame, however, has come at a high price in recent years. In the era... |
2020 |
| Namrata Kakade |
SLOSHING THROUGH THE FACTBOUND MORASS OF REASONABLENESS: PREDICTIVE ALGORITHMS, RACIALIZED POLICING, AND FOURTH AMENDMENT USE OF FORCE |
88 George Washington Law Review 788 (May, 2020) |
The Supreme Court developed the Fourth Amendment doctrine of reasonableness during a time before big data technology had lent itself to powerful algorithms that police could use to predict the likelihood of criminal activity. Now, police are able to use presumably objective algorithms that assign individuals dangerousness scores based on racially... |
2020 |
| Victoria Bethel |
STATE MEDICAID REIMBURSEMENT FOR REMOTE PATIENT MONITORING AND INTERACTIVE COMMUNICATION WILL HELP REDUCE HEALTH CARE GAP AMONG BLACK AND WHITE PEOPLE WITH PREEXISTING CONDITIONS THAT PUT THEM AT INCREASED RISK OF SEVERE ILLNESS FROM COVID-19 |
30 Annals of Health Law Advance Directive 129 (Fall, 2020) |
In the United States, black people with preexisting conditions are disproportionately facing the COVID-19 death sentence. According to the Centers for Disease Control and Prevention, as of August 2020, black people have a 2.6 times higher contraction rate, 4.7 times higher hospitalization rate, and 2.1 times higher death rate from COVID-19 than... |
2020 |
| Adrian Slipski |
STAYING HEALTHY IN A PANDEMIC: HOW THE COVID-19 EMERGENCY HAS STRENGTHENED BARRIERS TO HEALTHCARE FOR CALIFORNIA'S VULNERABLE POPULATIONS |
68 UCLA Law Review Discourse 176 (2020) |
COVID-19 has completely refashioned our healthcare landscape and day-to-day lives. During the pandemic, we have all transitioned to a new normal which includes remote work, navigating health insurance options after losing employment or becoming underemployed, and partaking in cautious outings outside of our homes equipped with face masks, gloves,... |
2020 |
| Kyle C. Velte |
STRAIGHTWASHING THE CENSUS |
61 Boston College Law Review 69 (January, 2020) |
Introduction. 70 I. The How and Why of Government Population Data Collection. 75 A. How the Government Collects Data: The Census and the American Community Survey. 76 B. Why the Government Collects Data. 79 C. Census and ACS Focus on Particular Subpopulations. 81 II. The Identity Undercount: Sexual Orientation and Gender Identity. 83 A. The History... |
2020 |
| Gwendolyn Roberts Majette |
STRIVING FOR THE MOUNTAINTOP--THE ELIMINATION OF HEALTH DISPARITIES IN A TIME OF RETRENCHMENT (1968--2018) |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 145 (Fall, 2020) |
Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts--lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of... |
2020 |
| Dayna Bowen Matthew |
STRUCTURAL INEQUALITY: THE REAL COVID-19 THREAT TO AMERICA'S HEALTH AND HOW STRENGTHENING THE AFFORDABLE CARE ACT CAN HELP |
108 Georgetown Law Journal 1679 (May, 2020) |
C1-3Table of Contents L1-2Introduction . L31679 I. A Brief Overview of Equal Protection Jurisprudence. 1689 a. equal protection in theory. 1690 b. unequal protection in practice. 1693 II. How Legal Inequality Affects Health Inequity. 1697 a. unequal protection from housing discrimination. 1698 b. unequal protection from pollution. 1702 c. unequal... |
2020 |
| Danielle Weatherby |
STUDENT DISCIPLINE AND THE ACTIVE AVOIDANCE DOCTRINE |
54 U.C. Davis Law Review 491 (November, 2020) |
C1-2Table of Contents Introduction. 493 I. A Brief History of Student Discipline. 497 A. Corporal Punishment. 498 B. Exclusionary Discipline. 500 1. Out-of-School Suspensions and Expulsions. 500 2. In-School Suspensions. 502 3. Zero Tolerance Policies. 503 C. School Resource Officers, Armed Teachers, and the Police State in K-12 Schools. 506 II.... |
2020 |
| Lauren T. Katz |
TEARING DOWN THE MATERNAL WALL IN THE LEGAL PROFESSION: A PERSPECTIVE INSPIRED BY DIFFERENCE FEMINISM |
22 Georgetown Journal of Gender and the Law 213 (Fall, 2020) |
Since 1985, women have been attending law school in roughly equal numbers as men, but today, they are approximately only 20% of all equity partners, 35% of federal judges, and 36% of tenured or tenure-track professors. This Note examines why women are still underrepresented in positions of power in the legal profession. Tracing the legal... |
2020 |
| Nichelle Womble |
THE BIRTH OF A MONSTER: AN OPEN DISCUSSION ON ANTI-BLACKNESS SEGREGATION TO PRESENT |
33 Saint Thomas Law Review 55 (Fall, 2020) |
When it comes to race, White people claim to be unaware, and a majority are unaware, of their racial identity and the implications that it has on social ideologies. The problem with being unaware is it shows how Whites view racial issues and race. Unawareness, or claims of it, show lack of consideration for anything other than the problems they... |
2020 |
| Angela P. Harris , Aysha Pamukcu |
THE CIVIL RIGHTS OF HEALTH: A NEW APPROACH TO CHALLENGING STRUCTURAL INEQUALITY |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and... |
2020 |
| Wendy E. Parmet |
THE COVID CASES: A PRELIMINARY ASSESSMENT OF JUDICIAL REVIEW OF PUBLIC HEALTH POWERS DURING A PARTISAN AND POLARIZED PANDEMIC |
57 San Diego Law Review 999 (November-December, 2020) |
C1-3Table of Contents I. Introduction. 999 II. A Polarizing Pandemic. 1003 III. The Legacy of Jacobson v. Massachusetts. 1010 IV. The Covid-19 Decisions. 1013 A. The Abortion Cases. 1017 B. Freedom of Speech, Petition, and Assembly. 1023 C. Free Exercise Claims. 1026 V. The Justices Weigh In. 1031 VI. Conclusion. 1034 VII. Appendix A. 1038 |
2020 |
| Vanessa Vecchiarello |
THE CRIMINALIZATION OF PREGNANCY AND ITS EFFECTS ON MATERNAL HEALTH: UNDERSTANDING STATE INTERVENTIONS |
47 Fordham Urban Law Journal 1051 (June, 2020) |
Introduction. 1052 I. The Consequences of Fetal Protection Laws and the Criminalization of Motherhood. 1055 A. Criminal Liability under Fetal Homicide or Assault Laws. 1056 B. Criminal and Civil Liability for Substance Use during Pregnancy. 1058 C. Liability and Deprivation of Liberty under Civil Commitment Statutes. 1060 D. The Historical Context... |
2020 |
| Courtney Cross |
THE DANGERS OF DISCLOSURE: HOW HIV LAWS HARM DOMESTIC VIOLENCE SURVIVORS |
95 Washington Law Review 83 (March, 2020) |
Abstract: People living with HIV or AIDS must decide whether, how, and when to disclose their positive status. State laws play an outsized role in this highly personal calculus. Partner notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease.... |
2020 |
| Russell N. James III |
THE EMERGING POTENTIAL OF LONGITUDINAL EMPIRICAL RESEARCH IN ESTATE PLANNING: EXAMPLES FROM CHARITABLE BEQUESTS |
53 U.C. Davis Law Review 2397 (June, 2020) |
Traditionally, empirical analysis of estate planning has been limited to data from probate or estate tax records along with occasional one-time surveys of current plans or opinions. Additionally, the internet now allows easy access to online convenience samples of survey-takers. However, each of these sources has problematic features. Estate tax... |
2020 |
| Oliver Kim , Tamara Kramer |
THE GIRL WITH THE CYBER TATTOO: APPLYING A GENDER EQUITY LENS TO EMERGING HEALTH TECHNOLOGY |
12 Northeastern University Law Review 327 (Winter, 2020) |
C1-2Table of Contents I. INTRODUCTION. 329 II. DEFINING THE TERMS. 332 A. What Do We Mean by Innovation?. 332 B. What Do We Mean by Equity?. 334 III. BENEFITS OF TECHNOLOGY IN HEALTHCARE. 337 A. Tools for Improved Decision-Making. 337 B. Access to Care. 340 IV. HOW DO THESE DISRUPTORS AFFECT WOMEN SPECIFICALLY?. 343 A. Women as the Healthcare Head... |
2020 |
| Marilyn L. Uzdavines |
THE GREAT AMERICAN HEALTH CARE SYSTEM AND THE DIRE NEED FOR CHANGE: STARK LAW REFORM AS A PATH TO A VITAL FUTURE OF VALUE-BASED CARE |
7 Texas A&M Law Review 573 (Spring, 2020) |
I. Introduction 574 II. The Health Care Crisis Moves Lawmakers to Increase Fraud and Abuse Enforcement. 578 III. Enforcement of Health Care Fraud and Abuse Laws Save Billions of Dollars in the Medicare and Medicaid Programs. 583 A. The AKS as a Tool to Combat Health Care Fraud. 585 B. The FCA as a Tool to Combat Health Care Fraud. 587 C. The Stark... |
2020 |
| Jacqueline Safstrom, Jennifer Safstrom |
THE HEALTH AND LEGAL IMPLICATIONS OF EARLY SCREENING FOR DEVELOPMENTAL DISABILITIES |
29 Annals of Health Law and Life Sciences 153 (Summer, 2020) |
Child development is a multifaceted process and there are certain milestones to reach that are imperative for healthy, timely growth and development. Developmental monitoring, screening, and testing can aid in the identification, examination, and follow-up of a child's progress. However, there are a plethora of barriers which inhibit a child's... |
2020 |
| Allison Michelle Bowen |
THE IMPORTANCE OF STANDARDIZED DATA COLLECTION AND REPORTING IN IMPROVING MEDICAL CARE FOR IMMIGRATION DETAINEES |
13 Saint Louis University Journal of Health Law & Policy 291 (2020) |
The provision of substandard medical care for immigration detainees has become somewhat of a norm for some time now. From October 1, 2003 to June 5, 2017, alone, there were a total of 172 deaths in ICE custody. This number is only rising as the number of detainee beds increases and ICE continues to not be held accountable. Presently, there lacks a... |
2020 |
| Marisa A. O'Gara |
THE INDEPENDENT CITIZEN COMMISSION: OUR BEST CHANCE AT ENDING RACIAL GERRYMANDERING AND RESTORING THE PROMISE OF THE VOTING RIGHTS ACT OF 1965 |
30 Cornell Journal of Law & Public Policy 179 (Fall, 2020) |
In 2013, the United States Supreme Court struck down a critical part of the Voting Rights Act of 1965, making it easier than it's been in decades to quiet the voices of racial minorities at the ballot box. In 2019, the Court then decided that it would not stop states from redrawing their voting districts to accomplish their own political goals.... |
2020 |
| Lindsay F. Wiley , Samuel R. Bagenstos |
THE PERSONAL RESPONSIBILITY PANDEMIC: CENTERING SOLIDARITY IN PUBLIC HEALTH AND EMPLOYMENT LAW |
52 Arizona State Law Journal 1235 (Winter 2020) |
Our nation's response to the coronavirus pandemic has revealed fundamental flaws in our legal regimes governing both public health and employment. Public health orders have called on individuals to make sacrifices to protect society as a whole. Simple fairness dictates that the burdens should be shared as widely as the benefits. And the case for... |
2020 |
| David Rosenbloom |
THE PRECARIOUS PATH TO UNIVERSAL HEALTH COVERAGE |
45 Human Rights 10 (2020) |
Medicare for All became the rallying point for health care reform early in the 2020 election, often without details as to how it could be provided and paid for. When Elizabeth Warren got specific, it sank her campaign. What the candidates--and a majority of the American people--really want is medical care for all. I will lay out the most important... |
2020 |
| Nadia Woods |
THE PRESENCE OF RACIAL DISPARITIES AT EVERY DECISIONAL PHASE OF THE CRIMINAL LEGAL SYSTEM |
26 Public Interest Law Reporter 1 (Fall, 2020) |
Despite wielding a color-blind Constitution that bars discrimination on the basis of race, the U.S. criminal legal system is plagued by bias such that it routinely exacerbates racial disparities and socioeconomic inequality. Systematic racial segregation and rising poverty levels within communities of color interacted to create the social... |
2020 |
| Erika M. Medina |
THE PROVISION OF HEALTH CARE AND GENDER IDENTITY DISCRIMINATION |
325-AUG New Jersey Lawyer, the Magazine 46 (August, 2020) |
In the United States, approximately 390 adults out of 100,000 identify with a gender different than the one assigned at birth. Often, these individuals experience abuse, discrimination and stigma because of their gender identity or expression. Relating to health care, the Patient Protection and Affordable Care Act imposes mandates that require... |
2020 |
| Erin Murphy , Jun H. Tong |
THE RACIAL COMPOSITION OF FORENSIC DNA DATABASES |
108 California Law Review 1847 (December, 2020) |
Forensic DNA databases have received an inordinate amount of academic and judicial attention. From their inception, numerous scholars, advocates, and judges have wrestled with the proper reach of DNA collection, retention, and search policies. Central to these debates are concerns about racial equity in forensic genetic practices. Yet when such... |
2020 |
| Mallori D. Thompson |
THE SCALES OF REPRODUCTIVE JUSTICE: CASEY'S FAILURE TO REBALANCE LIBERTY INTERESTS IN THE RACIALLY DISPARATE STATE OF MATERNAL MEDICINE |
26 Michigan Journal of Race and Law 241 (Fall, 2020) |
Despite the maternal medicine crisis in the U.S., especially for Black women, legislatures are challenging constitutional abortion doctrine and forcing women to interact with a system that may cost them their lives. This Article proposes that because of abysmal maternal mortality rates and the arbitrary nature of most abortion restrictions, the... |
2020 |