| Author | Title | Citation | Summary | Year |
| Tara Sklar, JD, MPH, Rachel Zuraw, JD, MBe |
Preparing to Age in Place: the Role of Medicaid Waivers in Elder Abuse Prevention |
28 Annals of Health Law and Life Sciences 195 (Summer, 2019) |
All the money my parents saved over their lifetimes and planned to pass onto their children and grandchildren was spent in two years on nursing home care. The day my mother passed was the day she became Medicaid eligible. - Frank Petruzzi, Youngstown, Ohio (retired attorney) Financing for long-term care in America has been described as the... |
2019 |
| Ben Gifford |
Prison Crime and the Economics of Incarceration |
71 Stanford Law Review 71 (January, 2019) |
Abstract. As the United States's prison and jail populations have skyrocketed, a wealth of empirical scholarship has emerged on the benefits and costs of incarceration. The benefits, from an empirical perspective, consist of the amount of crime prevented by locking people up, as well as the value of that prevented crime to society. The costs... |
2019 |
| Allison Gilley |
Protecting Planned Parenthood: Is Planned Parenthood Funding a Justiciable Right under the Medicaid Freedom-of-choice Provision? |
34 Wisconsin Journal of Law, Gender & Society 69 (Spring, 2019) |
There's a sorry situation in the United States, which is essentially that poor women don't have choice. Women of means do. They will, always. Let's assume Roe v. Wade were overruled and we were going back to each state for itself, well, any woman who could travel from her home state to a state that provides access to abortion, .. So if you can... |
2019 |
| Stephen Menendian, Richard Rothstein |
Putting Integration on the Agenda |
28 Journal of Affordable Housing & Community Development Law 147 (2019) |
Moving Toward Integration: The Past and Future of Fair Housing Richard H. Sander, Yana A. Kucheva & Jonathan M. Zasloff Harvard University Press (2018) 587 pages. $39.95 Moving Toward Integration, the Past and Future of Fair Housing, by Richard H. Sander, Yana A. Kucheva, and Jonathan M. Zasloff (we refer hereinafter to the book as SKZ), begins... |
2019 |
| Naomi Murakawa |
Racial Innocence: Law, Social Science, and the Unknowing of Racism in the Us Carceral State |
15 Annual Review of Law and Social Science 473 (2019) |
racism, antidiscrimination law, colorblindness, criminal justice reform, racial liberalism, abolition Racial innocence is the practice of securing blamelessness for the death-dealing realities of racial capitalism. This article reviews the legal, social scientific, and reformist mechanisms that maintain the racial innocence of one particular site:... |
2019 |
| Catharine A. MacKinnon, Kimberlé W. Crenshaw |
Reconstituting the Future: an Equality Amendment |
129 Yale Law Journal Forum 343 (12/26/2019) |
abstract. A new constitutional amendment embodying a substantive intersectional equality analysis aims to rectify the founding U.S. treatment of race and sex and additional hierarchical social inequalities. Historical and doctrinal context and critique show why this step is urgently needed. A draft of the amendment is offered. unto the Seventh... |
2019 |
| Jamelia N. Morgan |
Reflections on Representing Incarcerated People with Disabilities: Ableism in Prison Reform Litigation |
96 Denver Law Review 973 (Summer, 2019) |
Over the last five decades, advocates have fought for and secured constitutional prohibitions challenging solitary confinement, including ending the placement and prolonged isolation of individuals with psychiatric disabilities in solitary confinement. Yet, despite the valiant efforts of this courageous movement to protect the rights of... |
2019 |
| Carl H. Coleman |
Regulating Physician Speech |
97 North Carolina Law Review 843 (May, 2019) |
Lawmakers have increasingly sought to shape communications between physicians and patients by enacting laws that either mandate or prohibit the provision or solicitation of particular information. Some of these laws can be justified as efforts to protect patients by enforcing accepted standards of medical practice, but others are grounded in... |
2019 |
| Rory Van Loo |
Regulatory Monitors: Policing Firms in the Compliance Era |
119 Columbia Law Review 369 (March, 2019) |
Like police officers patrolling the streets for crime, the front lines for most large business regulators--Environmental Protection Agency engineers, Consumer Financial Protection Bureau examiners, and Nuclear Regulatory Commission inspectors, among others--decide when and how to enforce the law. These regulatory monitors guard against toxic air,... |
2019 |
| W. Neil Gowensmith, University of Denver |
Resolution or Resignation: the Role of Forensic Mental Health Professionals Amidst the Competency Services Crisis |
25 Psychology, Public Policy, and Law 1 (February, 2019) |
Competency-related services are rising at an unprecedented rate in the United States. Many states are in the midst of lawsuits and legal maneuvering to deal with long wait lists for defendants awaiting competency evaluations and admission to competency restoration services. As a result, many solutions have been proffered and implemented. However,... |
2019 |
| Helen H. Kang |
Respect for Community Narratives of Environmental Injustice: the Dignity Right to Be Heard and Believed |
25 Widener Law Review 219 (2019) |
Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... |
2019 |
| Alyssa M. Hasbrouck |
Rethinking "Just" Compensation: Dignity Restoration as a Basis for Supplementing Existing Takings Remedies with Government-supported Community Building Initiatives |
104 Cornell Law Review 1047 (May, 2019) |
We have to give a damn. We have to give a damn about people staying in their home. We have to give a damn about poor and working-class folks, and about seniors who want to spend their sunset years in the homes that they know and love. We have to care, and our policies will follow our compassion. - Professor Tanya Washington, Georgia State... |
2019 |
| Uma Outka , Elizabeth Kronk Warner |
Reversing Course on Environmental Justice under the Trump Administration |
54 Wake Forest Law Review 393 (Spring, 2019) |
This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking... |
2019 |
| Rebecca Aviel |
Rights as a Zero-sum Game |
61 Arizona Law Review 351 (2019) |
White Americans are increasingly expressing anxiety about anti-white discrimination, with more than half of the respondents in a recent survey embracing the view that it is as big a problem as discrimination against people of color. This startling and inaccurate assessment is perhaps best explained by research revealing that many Americans view... |
2019 |
| Michael S. Taintor |
Section 2 of the Voting Rights Act, Special Circumstances, and Evidence of Equality |
94 New York University Law Review 1767 (December, 2019) |
Vote dilution doctrine under Section 2 of the Voting Rights Act directs courts to look to evidence of election results to determine if all voters have equal opportunity to elect representatives of their choice. However, not every election in which a minority-preferred candidate prevails is necessarily evidence of equality. Those elections that... |
2019 |
| Nancy Leong , Emily Bartlett |
Sex Segregation in Sports as a Public Health Issue |
40 Cardozo Law Review 1813 (April, 2019) |
This Article contributes to the growing debate about the merits of sex segregation in sports by approaching sex segregation in sports as a public health issue. Participation in sports has profound consequences for women's health. Engagement in athletics affects physical fitness, disease prevention, self-esteem, mental wellness, eating disorders,... |
2019 |
| Helen Hershkoff, Elizabeth M. Schneider |
Sex, Trump, and Constitutional Change |
34 Constitutional Commentary 43 (Winter, 2019) |
That President Trump ignores, defies, and might destroy the norms long taken for granted in America's democracy is a view expressed by scholars, politicians, journalists, and many everyday Americans. An obvious example of Trump's deviant conduct is his perverse use of the bully pulpit to express vulgar and degrading statements about women,... |
2019 |
| Dr. Frankie Griffin, M.D., J.D. |
Social Determinants of Health and the Law: Municipalities' Supersonic Water Billing Cycles Endanger Arkansans' Health |
54-WTR Arkansas Lawyer 40 (Winter, 2019) |
Imagine arriving home from Arkansas Children's Hospital (ACH) on a Saturday afternoon with your child fresh from a major heart surgery requiring access to water for urgent hydration, postoperative wound care, and toileting, only to find that your family's water had been shut off without your knowledge while you were at ACH with your child--even... |
2019 |
| Vence L. Bonham , Lisa E. Smilan |
Somatic Genome Editing in Sickle Cell Disease: Rewriting a More Just Future |
97 North Carolina Law Review 1093 (June, 2019) |
Genome-editing technologies promise novel therapies for hematologic disorders. Sickle cell disease (SCD), the most common inherited blood disorder, has been identified as one condition where somatic genome editing may provide a cure to alleviate the burden and suffering of the disease. SCD has been slated as one of the first targets for Phase I... |
2019 |
| Mary Beth Ausbrooks , Samuel R. Henninger |
Student Loans and Bankruptcy |
55-AUG Tennessee Bar Journal 17 (August, 2019) |
Student loans weigh heavy on many. Borrowers owe nearly $30,000 on average, and Americans collectively owe $1.5 trillion in student loan debt. For some borrowers, bankruptcy may offer relief. But for most in Tennessee, bankruptcy is currently not a viable option to help borrowers rid themselves of burdensome student loan debt. The most common... |
2019 |
| Joshua C. Gellers, Trevor J. Cheatham |
Sustainable Development Goals and Environmental Justice: Realization Through Disaggregation? |
36 Wisconsin International Law Journal 276 (Spring, 2019) |
Introduction. 276 I. Defining Environmental Justice. 278 Figure 1: Relationship Between Elements of EJ and Cognate Forms of Justice. 287 II. Linking the SDGs to Environmental Justice. 287 Figure 2: Distribution of Environmental Justice Components Among the SDGs. 291 III. Data and Methods. 292 IV. Empirical Analysis of Voluntary National Reviews.... |
2019 |
| Nancy Chi Cantalupo , William C. Kidder |
Systematic Prevention of a Serial Problem: Sexual Harassment and Bridging Core Concepts of Bakke in the #Metoo Era |
52 U.C. Davis Law Review 2349 (June, 2019) |
C1-3Table of Contents L1-2Introduction: What Happens After Diverse Students Enter the Door Bakke Opened? . L32352 I. The Public Health, Comprehensive Prevention Approach to Ending Sexual Harassment in College. 2360 II. Sanctions in Accused Faculty Sexual Harasser Cases and Their Consequences. 2370 III. Shining a Light on Pass the Harasser Cases... |
2019 |
| Nancy E. Shurtz |
Tax, Class, Women, and Elder Care |
43 Seattle University Law Review 223 (Fall, 2019) |
Elder care is a large and growing sector in the comprehensive health care system in the United States. It is an issue of particular importance to women because women live longer than men, have higher incidences of degenerative ailments, and are more likely to be institutionalized. Women also face greater financial challenges in funding their health... |
2019 |
| John Patrick Hunt |
Tempering Bankruptcy Nondischargeability to Promote the Purposes of Student Loans |
72 SMU Law Review 725 (Fall, 2019) |
Student loans, unlike other debts, are not dischargeable in bankruptcy unless the debtor starts a special proceeding and proves that repayment would cause undue hardship. This requirement probably accounts for the fact that only a tiny fraction of bankrupt debtors succeed in discharging their student loans. This article is the first to make the... |
2019 |
| Melvin J. Kelley IV |
Testing One, Two, Three: Detecting and Proving Intersectional Discrimination in Housing Transactions |
42 Harvard Journal of Law & Gender 301 (Summer, 2019) |
A review of the past fifty years has generated a consensus that the federal Fair Housing Act (FHA), also known as Title VIII, has fared far less well in addressing discrimination than its counterpart in employment, Title VII. Included among these failings is the relative dearth of intersectionality theory in fair housing jurisprudence. While courts... |
2019 |
| Nicole Delaney , Joanna N. Lahey |
The Adea at the Intersection of Age and Race |
40 Berkeley Journal of Employment and Labor Law 61 (2019) |
As the population of older Americans grows larger and more diverse, there is a growing need for stronger legal protection against labor market discrimination targeting this group. This paper discusses the existence and effect of such labor market discrimination against older minority workers in the United States and explains how the Age... |
2019 |
| Elizabeth B. Cooper |
The Appearance of Professionalism |
71 Florida Law Review 1 (January, 2019) |
The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of outsider lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ... |
2019 |
| Jyoti Nanda |
The Construction and Criminalization of Disability in School Incarceration |
9 Columbia Journal of Race and Law 265 (2019) |
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized... |
2019 |
| Elizabeth Pendo |
The Costs of Uncertainty: the Doj's Stalled Progress on Accessible Medical Equipment under the Americans with Disabilities Act |
12 Saint Louis University Journal of Health Law & Policy 351 (2019) |
Imagine seeking medical care for serious pressure sores for a year, but your doctor never examining the sores because you could not get on the examination table in her office. Or imagine going more than fifteen years without an annual well-woman examination for the same reason, or your doctor guessing at the right dosage for a prescription because... |
2019 |
| Donna M. Gitter |
The Ethics of Big Data in Genomics: the Instructive Icelandic Saga of the Incidentalome |
18 Washington University Global Studies Law Review 351 (2019) |
Medical science has made such tremendous progress that there is hardly a healthy human left. --Aldous Huxley, 1894-1963 DeCODE Genetics, Inc., a pioneering Icelandic biotech firm, recently introduced a free website that permits Icelanders to learn whether they carry mutations in the BRCA2 gene that are known to increase cancer risk, even if these... |
2019 |
| Davida Finger |
The Eviction Geography of New Orleans: an Empirical Study to Further Housing Justice |
22 University of the District of Columbia Law Review 23 (Spring, 2019) |
Low-income tenants in the U.S. have weak bargaining power, as well as limited housing and mobility options in the housing market. With no enforceable right to housing, tenants are stuck--quite literally in the case of uninhabitable rental property--in unsafe and unhealthy living conditions. Poverty and economic instability make it challenging for... |
2019 |
| Shanta Trivedi |
The Harm of Child Removal |
43 New York University Review of Law and Social Change 523 (2019) |
When the state proves or even merely alleges that a parent has abused or neglected a child, a court may remove the child from the parent's care. However, research shows separating a child from her parent(s) has detrimental, long-term emotional and psychological consequences that may be worse than leaving the child at home. This is due to the trauma... |
2019 |
| Jeannine Bell |
The Hidden Fences Shaping Resegregation |
54 Harvard Civil Rights-Civil Liberties Law Review 813 (Summer, 2019) |
There is a Horatio Alger -type story about housing that is an important part of the American Dream. The boy-(or girl)-makes-good story goes something like this: Matthew is raised in a working-class neighborhood. After Matthew graduates from high school (or college) and gets his first job, he has little money and can only afford to rent a tiny... |
2019 |
| Ryan D. Davidson , Meredith W. Morrissey , Connie J. Beck , Correspondence: ryan.davidson@childrens.harvard.edu |
The Hispanic Experience of the Child Welfare System |
57 Family Court Review 201 (April, 2019) |
As the Hispanic population grows in the United States and the child welfare system, it is necessary to examine how experiences of Hispanic families differ from those of White/Caucasian families and to assess whether Hispanic families' needs are properly addressed. This literature review will examine research on the outcomes and experiences of... |
2019 |
| Vinecia Perkins |
The Illusion of French Inclusion: the Constitutional Stratification of French Ethnic Minorities |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 181 (Fall, 2019) |
This Note examines the effects of discrimination on ethnic minorities in France, who suffer lower rates of education, higher rates of unemployment, and more frequent instances of police brutality than their white counterparts. Although the effects of discrimination are widely viewed, it is difficult to quantify the true magnitude of such inequality... |
2019 |
| Gabrielle T. Wynn |
The Impact of Racism on Maternal Health Outcomes for Black Women |
10 University of Miami Race & Social Justice Law Review 85 (Fall, 2019) |
I. Introduction. 86 II. The Role of Racism on Maternal Health Disparities. 88 A. Serena, Shalon, and Kira. 90 B. Racial Disparities in Quality of Care. 91 III. This Isn't New: A History of Mistreatment in Accessing Medical Care. 95 A. Stereotypes Affect Social Ideas of Black Women. 97 IV. Adopting A Human Rights Framework to Combat Maternal... |
2019 |
| Brendan Williams |
The Inexorable Expansion of Medicaid Expansion |
39 Northern Illinois University Law Review 240 (Spring, 2019) |
Medicaid expansion to non-elderly adults under the Affordable Care Act (ACA) has come a long way since the U.S. Supreme Court made it optional in its landmark 2012 NFIB vs. Sebelius ruling, and 2018, in particular, was a banner year. In 2018 four states expanded Medicaid, three of them red states doing so by voter ballot. Expansion-favoring... |
2019 |
| Palma Joy Strand |
The Invisible Hands of Structural Racism in Housing: Our Hands, Our Responsibility |
96 University of Detroit Mercy Law Review 155 (Winter, 2019) |
They are led by an invisible hand . Adam Smith Psychologist Beverly Daniel Tatum, author of the keystone work on racial identity development, defines racism as a system of advantage based on race. Recently, as I read the revised 2017 20 anniversary edition of Why Are All the Black Kids Sitting Together in the Cafeteria?, I noticed that while... |
2019 |
| Yael Cannon |
The Kids Are Not Alright: Leveraging Existing Health Law to Attack the Opioid Crisis Upstream |
71 Florida Law Review 765 (May, 2019) |
The opioid crisis is now a nationwide epidemic, ravaging both rural and urban communities. The public health and economic consequences are staggering; recent estimates suggest the epidemic has contracted the U.S. labor market by over one million jobs and cost the nation billions of dollars. To tackle the crisis, scholars and health policy... |
2019 |
| Deborah N. Archer |
The New Housing Segregation: the Jim Crow Effects of Crime-free Housing Ordinances |
118 Michigan Law Review 173 (November, 2019) |
America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without... |
2019 |
| Anthony V. Alfieri |
The Poverty of Clinical Canonic Texts |
26 Clinical Law Review 53 (Fall, 2019) |
This essay revisits the foundational vision--the deep stock story--of poverty and the poor in clinical legal education against the backdrop of the new sociology of poverty. Long imparted by clinical faculty and invoked by student advocates in defense of the indigent, that stock story adverts to mainstream social science descriptions of... |
2019 |
| Adam Crepelle |
The Reservation Water Crisis: American Indians and Third World Water Conditions |
32 Tulane Environmental Law Journal 157 (Summer, 2019) |
I. Introduction. 157 II. Tribal Sovereignty and Tribal Water Rights. 159 III. Tribal Water Protection Powers. 164 V. The Sorry State of Water in Indian Country. 169 VI. Solutions. 175 A. The Trust Relationship and Water Rights. 175 B. International Law. 182 VII. Conclusion. 187 |
2019 |
| Joanna L. Grossman |
The Seeds of Early Childhood |
71 Florida Law Review Forum 117 (2019) |
The image of newborn babies wrapped in identical blankets, lying side by side in hospital bassinets, one indistinguishable from the next, is both familiar and pervasive. It's a sweet image that suggests the commonality of the life cycle. The irresistible inference is that those babies--all babies--leave life's starting line together. Each is safe,... |
2019 |
| Barak D. Richman , Kushal T. Kadakia , Shivani A. Shah |
The Shadows of Life: Medicaid's Failure of Health Care's Moral Test |
28 Annals of Health Law and Life Sciences 163 (Summer, 2019) |
The American healthcare system offers three answers to Hubert Humphrey's moral test of government: Children's Health Insurance Program (CHIP) for those in the dawn of life, Medicare for those in the twilight of life, and Medicaid for those in the shadows of life. This paper focuses on the beneficiaries in the shadows of North Carolina--the... |
2019 |
| David Partlett |
The Spirit of the Common Law and the Rights of Women: a Review of Bernstein, the Common Law Inside the Female Body |
12 Journal of Tort Law 127 (March, 2019) |
This book is both narrow yet courageous, it is not highly theorized yet subtle and multitracked in its use of theory, it is a bold feminist statement yet tacks to an independent path, it is radical but rests on old revered foundations, it hits hard yet is carefully crafted in logic. What a joy it is to read and... |
2019 |
| Mary Crossley |
Threats to Medicaid and Health Equity Intersections |
12 Saint Louis University Journal of Health Law & Policy 311 (2019) |
The year 2017 proved politically tumultuous in the U.S. on many fronts, but perhaps none more so than health care. For enrollees in the Medicaid program, it was a year of living precariously. Long-promised Republican efforts to repeal the Affordable Care Act also took aim at Medicaid, with proposals to fundamentally restructure the program and... |
2019 |
| Barry E. Hill |
Time for a New Age of Enlightenment for U.s. Environmental Law and Policy: Where Do We Go from Here? |
49 Environmental Law Reporter News & Analysis 10362 (April, 2019) |
The issue of environmental injustice has again come into sharp focus in the wake of the predominantly African-American community in Flint, Michigan, being exposed to lead-contaminated drinking water. To secure environmental justice for all individuals and communities, living in a clean, safe, and healthy environment in America should be considered... |
2019 |
| Ayesha Bell Hardaway |
Time Is Not on Our Side: Why Specious Claims of Collective Bargaining Rights Should Not Be Allowed to Delay Police Reform Efforts |
15 Stanford Journal of Civil Rights & Civil Liberties 137 (June, 2019) |
Many view the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for engaging in a pattern or practice of policing that violates the... |
2019 |
| Timothy Parrington |
Title Vii & Lgbtq Employment Discrimination: an Argument for a Modern Updated Approach to Title Vii Claims |
60 Washington University Journal of Law & Policy 293 (2019) |
Kimberly Hively, Matthew Christiansen, and Jameka Evans all had one thing in common. They all asserted that they were subjected to adverse employment actions for being gay. However, their rights to a remedy were anything but similar. The differing outcomes did not originate from different forms of harassment, instead it was simply a byproduct of... |
2019 |
| Jaydi Funk , Steven Funk , Sylvia Blaise Whelan |
Trans*+ and Intersex Representation and Pathologization: an Interdisciplinary Argument for Increased Medical Privacy |
34 Berkeley Journal of Gender, Law & Justice 117 (Summer, 2019) |
As other countries continue to expand cultural, medical, and legal distinctions of gender, practices of the United States often reify the gender binary. Subsequently, this Article underscores the need for a critical interdisciplinary examination of the gender binary and its effects on the (re)production of gender stereotypes in media, within the... |
2019 |