| Author | Title | Citation | Summary | Year |
| Suzanne A. Kim |
Transitional Equality |
53 University of Richmond Law Review 1149 (May, 2019) |
Legal discussions of inequality often focus on the virtues of one legal status or regulatory structure over another, but a guarantee of the right to a particular legal status does not ensure a lived experience of equality in that status. In moments of legal change, when a person or class of persons obtain a new status or gain rights that had... |
2019 |
| Sarah Katz |
Trauma-informed Practice: the Future of Child Welfare? |
28 Widener Commonwealth Law Review 51 (2019) |
For nearly two decades, trauma-informed practice has been an increasingly prevalent approach to child welfare practice which has influenced children and youth agency casework, legal representation of children and parents, and judicial style. Acknowledging that many families who come to the attention of the child welfare system have had complex and... |
2019 |
| Rebecca Tsosie |
Tribal Data Governance and Informational Privacy: Constructing "Indigenous Data Sovereignty" |
80 Montana Law Review 229 (Summer, 2019) |
There is a growing movement among Indigenous peoples to assert a right to Indigenous data sovereignty, and yet, the term data sovereignty is not widely understood. What does it mean to control the collection, use and management of information in an era of Big Data, in which digital technology transforms knowledge into electronic form, to be... |
2019 |
| Puja Kapai |
Undue Influence and Unconscionability in Comparative Common Law: Delivering Contextualized Justice for Minority Sureties |
28 Transnational Law & Contemporary Problems 363 (Spring, 2019) |
Legal transplantation through colonization, mass migration, and--more recently--globalization has long been under the microscope of scholars, anthropologists, and lawyers, among others, who have sought to better understand the workings of the law in contexts foreign to its place of origin. This quest for understanding the relevance and... |
2019 |
| Whitney Benns |
Unholy Union: St. Louis Prosecutors and Police Unionize to Maintain Racist State Power |
35 Harvard Blackletter Law Journal 39 (Spring, 2019) |
In late December 2018, St. Louis County prosecutors voted to unionize and join the St. Louis Police Officer Association (SLPOA), the infamous St. Louis City police union that represents many of the city's white police officers. This vote came on the heels of former St. Louis County Prosecuting Attorney Bob McCulloch--whose almost three-decade... |
2019 |
| Gabriel Scheffler |
Unlocking Access to Health Care: a Federalist Approach to Reforming Occupational Licensing |
29 Health Matrix: Journal of Law-Medicine 293 (2019) |
Several features of the existing occupational licensing system impede access to health care without providing appreciable protections for patients. Licensing restrictions prevent health care providers from offering services to the full extent of their competency, obstruct the adoption of telehealth, and deter foreign-trained providers from... |
2019 |
| Caroline Eversman |
Using Medicaid Funds for Planned Parenthood: Is the Medicaid Act's Choice of Free Provider Really a Free Choice? |
80 Ohio State Law Journal 133 (2019) |
C1-2Table of Contents I. Introduction. 133 II. Overview of the Medicaid Act. 135 III. Medicaid Beneficiaries' Right to Sue Individual States. 138 A. The Eighth Circuit's Interpretation of the Free Choice of Provider Provision. 138 B. The Fifth, Sixth, Seventh, and Ninth Circuits' Interpretation of the Free Choice of Provider Provision. 140 C.... |
2019 |
| Maybell Romero |
Viewing Access to Justice for Rural Mainers of Color Through a Prosecution Lens |
71 Maine Law Review 227 (2019) |
I. Introduction II. The Meaning of Rural: A Plethora of Definitions A. Pop Cultural and Vernacular Understandings of Rurality B. Census and Other Agency Definitions C. More Nebulous Definition of Rural III. Prosecutors and People of Color A. Inequitable Trends in the Prosecution of Crimes 1. Adults in the Criminal Justice System 2. Youth in the... |
2019 |
| Hayden Johnson |
Vote Denial and Defense: a Strategic Enforcement Proposal for Section 2 of the Voting Rights Act |
108 Georgetown Law Journal 449 (December, 2019) |
In the years since the Supreme Court in Shelby County v. Holder held unconstitutional the formula used to enforce the core mechanism for preventing discrimination in elections, several states have enacted laws or policies that make it harder for people to vote. Often, these laws more heavily burden minority voters as a result of social or... |
2019 |
| Chrysanthi S. Leon , Corey S. Shdaimah |
We'll Take the Tough Ones: Expertise in Problem-solving Justice |
22 New Criminal Law Review 542 (Fall, 2019) |
Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline... |
2019 |
| Loretta A. Moore , Angela Mae Kupenda , Deidre L. Wheaton , Michelle D. Deardorff , Evelyn J. Leggette |
What We Can Do Now? Addressing Intersectionality Challenges in Work and Social Structures, the Single Academic Woman of Color as an Exceptional Case |
9 University of Miami Race & Social Justice Law Review 91 (Spring, 2019) |
I. Introduction. 92 II. Considering Her Professional Disregard before the Court. 97 III. Considering her Exceptional, yet Common Experience. 99 A. Disaggregating her exceptional case. 100 B. Her workplace struggle. 103 C. Her workplace struggle even within HBCUs. 104 D. The workplace struggle complicated by lack of understanding in social... |
2019 |
| Khiara M. Bridges |
White Privilege and White Disadvantage |
105 Virginia Law Review 449 (April, 2019) |
Introduction. 449 I. The Story of Carrie Buck and Buck v. Bell. 452 II. Defining White Privilege. 456 III. Whiteness and the Eugenics Movement. 462 IV. Identifying Carrie Buck's Racial Privilege. 474 V. Some Final Reflections on White Privilege. 479 |
2019 |
| Hallie Guidry |
Wyoming, Take Another Look at Unions: How Unions Can Increase Equality for Women in the Workplace |
19 Wyoming Law Review 363 (2019) |
I. Introduction. 363 II. Women and the Labor Movement. 366 A. Union History and Exclusion of Women Workers. 367 B. Benefits of Unionization for Women. 369 III. The Current Status of Labor Law. 370 A. Federal. 370 B. Wyoming. 373 1. Right-to-Work Legislation. 375 2. Wyoming Labor Statistics. 377 IV. Platforms for Collective Bargaining. 378 A. Wages... |
2019 |
| Caitlyn Greene , Patrick Charles McGinley |
Yielding to the Necessities of a Great Public Industry: Denial and Concealment of the Harmful Health Effects of Coal Mining |
43 William and Mary Environmental Law and Policy Review 689 (Spring, 2019) |
[M]ere private personal inconveniences . must yield to the necessities of a great public industry, which, although in the hands of a private corporation, subserves a great public interest. -Pa. Coal v. Sanderson, 113 Pa. 126, 6 A. 453 (1886) In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those... |
2019 |
| Ilana Friedman |
Youth at the Center: a Timeline Approach to the Challenges Facing Black Children |
63 Saint Louis University Law Journal 583 (Summer, 2019) |
At the center of Forward Through Ferguson's Action Plan are children, a demographic critical to any long-range plan of reform in St. Louis. Yet the challenges facing African American children are often looked at in isolation to one another, whether it be education, health care, or juvenile justice. To fully capture the labyrinth of hurdles facing... |
2019 |
| Helen Y. Chang |
A Brief History of Anglo-western Suicide: from Legal Wrong to Civil Right |
46 Southern University Law Review 150 (Fall, 2018) |
The act of self-killing and its legal, medical, religious, moral, social, and ethical implications present a complex and diverse range of response in social theory, philosophy, law, science, and judgment. By definition, suicide is a self-directed act that results in one's own death but in fact, there are wide variations in type and action. Not... |
2018 |
| Judith Daar , University of California, Irvine School of Law, 401 East Peltason Drive, Irvine, CA 92697, USA, Corresponding author. E-mail: jdaar@law.uci.edu |
A Clash at the Petri Dish: Transferring Embryos with Known Genetic Anomalies |
5 Journal of Law & the Biosciences 219 (August, 2018) |
Advancing technologies in genetic testing of preimplantation embryos enable IVF patients to access detailed information about their future child's health status, facilitating and complicating their reproductive decision-making. Testing for embryonic genetic anomalies linked to future health has grown increasingly sophisticated. A patient's decision... |
2018 |
| Kari Hong |
A New Mens Rea for Rape: More Convictions and less Punishment |
55 American Criminal Law Review 259 (Spring, 2018) |
In what is now the Post-Weinstein era, victims of sexual assault and harassment are finally being believed. As much as this is overdue, in the context of rape, simply believing victims will not be enough to fix endemic problems arising in how rape is defined, prosecuted, and punished. This Article grapples with two problems presented by... |
2018 |
| Helen M. Alvare |
A Perfect Storm: Religion, Sex and Administrative Law |
92 Saint John's Law Review 697 (Winter 2018) |
Agency regulations on sexual and reproductive health easily provoke religious conflict while failing to demonstrate convincing medical excellence. This is a consequence of two agency characteristics--political partisanship and agencies' claims to superior expertise--intersecting with U.S. churches' commitments respecting sexual morality. More and... |
2018 |
| Kaitlin D. Riessen |
A Small State Makes a Big Statement: How Rhode Island Is Leading the Way in Hpv Prevention |
13 Journal of Health & Biomedical Law 323 (2018) |
Jacquelyn, a wife and mother of two, contracted human papillomavirus (HPV) in her twenties. After the birth of her second child, tests revealed that her HPV had led to cancer and required a total hysterectomy. While her aspiration of having more children would go unfulfilled, she was lucky to be alive. Vowing to keep her children from going... |
2018 |
| Jamillah Bowman Williams, J.D., Ph.D. |
Accountability as a Debiasing Strategy: Testing the Effect of Racial Diversity in Employment Committees |
103 Iowa Law Review 1593 (May, 2018) |
ABSTRACT: Congress passed Title VII of the Civil Rights Act of 1964 with the primary goal of integrating the workforce and eliminating arbitrary bias against minorities and other groups who had been historically excluded. Yet substantial research reveals that racial bias persists and continues to limit opportunities and outcomes for racial... |
2018 |
| Chante Westmoreland |
An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age |
106 California Law Review 959 (June, 2018) |
This Note analyzes how the current push for digitization of library and museum collections exacerbates the infringement and appropriation of intangible tribal cultural property and how current statutory schemes fail to adequately protect such property. Cultural property includes any sacred traditional knowledge essential to tribal ways of life and... |
2018 |
| Gregory Mitchell |
An Implicit Bias Primer |
25 Virginia Journal of Social Policy and the Law 27 (Winter, 2018) |
Introduction. 28 I. What is implicit bias, and how is it measured?. 30 II. What causes the response patterns from which implicit bias is inferred?. 33 III. Is implicit bias synonymous with unconscious bias?. 39 IV. Is implicit bias related to discriminatory behavior?. 45 V. Can implicit bias be changed through training or education?. 52 Conclusion:... |
2018 |
| Nicolas P. Terry |
Appification, Ai, and Healthcare's New Iron Triangle |
20 Journal of Health Care Law and Policy 117 (2018) |
C1-2Table of Contents Introduction. 118 I. Of Triangles .. 120 A. Automation. 121 B. Value. 123 C. Empathy. 124 II. Automation. 125 A Technological Tipping Point?. 126 B. Identifying the Tipping Point: Healthcare's Machine Age. 129 1. Personal Health Technologies (Apps and Wearables). 129 2. The Internet of Things. 131 3. Data Analytics. 132... |
2018 |
| Felix B. Chang |
Asymmetries in the Generation and Transmission of Wealth |
79 Ohio State Law Journal 73 (2018) |
This Article assigns a redistributive role to the legal rules of trusts and estates. Unlike business law, trusts and estates law has lagged in articulating a comprehensive theory on inequality. Consequently, income inequality is compounded intergenerationally as wealth inequality, with dire consequences for economic productivity and social... |
2018 |
| Dr. Bette Jacobs , Mehgan Gallagher , Nicole Heydt , Georgetown University |
At the Intersection of Health and Justice: How the Health of American Indians and Alaska Natives Is Disproportionately Affected by Disparities in the Criminal Justice System |
6 Belmont Law Review 41 (2018) |
American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN... |
2018 |
| Alan M. White |
Bank of America V. City of Miami: Standing and Causation under the Fair Housing Act |
51 Loyola of Los Angeles Law Review 413 (2018) |
Progress towards racial equality in America has been a long journey, of many steps forward and many steps backward. The crisis of 2007-2008 was a large step backwards in the struggle for economic equality, in which the homeownership gains of African-Americans during the 1980s and 1990s were submerged in a historic wave of foreclosures and home... |
2018 |
| Robin Fretwell Wilson |
Being Transgender in the Era of Trump: Compassion Should Pick up Where Science Leaves off |
8 UC Irvine Law Review 583 (July, 2018) |
Introduction. 583 I. Legal Status in Flux. 588 II. Increasing Visibility. 594 III. Mayer and McHugh's Controversy-Provoking Paper. 600 IV. The Limits of Science. 606 A. Brain Anatomy. 606 B. Hormones. 608 V. Concern for Public Health Should Be Paramount. 612 Conclusion. 616 |
2018 |
| Franciska Coleman |
Between the "Facts and Norms" of Police Violence: Using Discourse Models to Improve Deliberations Around Law Enforcement |
47 Hofstra Law Review 489 (Winter 2018) |
Police violence and protests of police violence have become a common feature of today's news cycles and have led to widespread critique and distrust of the law enforcement apparatus and police practice. States and municipalities have responded to the delegitimization of police practice with community-police dialogues. This Article argues that such... |
2018 |
| LaToya Baldwin Clark |
Beyond Bias: Cultural Capital in Anti-discrimination Law |
53 Harvard Civil Rights-Civil Liberties Law Review 381 (Fall, 2018) |
This Article explores race and class inequality in the distribution of special education benefits pursuant to the Individuals with Disabilities Education Act (IDEA). Scholarship in this area has focused on the disproportionately high representation of black children in special education and in the most stigmatized disability categories. The... |
2018 |
| Jonathan Brown |
Beyond Corporate Form: a Response to Dan Depasquale, Surbhi Sarang, and Natalie Bump Vena's Forging Food Justice Through Cooperatives in New York City |
45 Fordham Urban Law Journal 1121 (May, 2018) |
Introduction. 1121 I. Distinguishing and Categorizing Policy Objectives and Types of Cooperatives. 1122 II. The Limitations of Legal Forms. 1124 A. New York Cooperative Corporation Law. 1125 B. The Risk of Making Policy Based on Cooperatives as a Legal Form. 1127 III. Beyond Cooperatives: The Role of Other Enterprise Models. 1130 A. The Unique... |
2018 |
| Raja Staggers-Hakim, PhD, MPH |
Black Lives Matter, Civil Rights, and Health Inequities |
40 Western New England Law Review 447 (2018) |
As a social justice and civil rights movement, Black Lives Matter (BLM) emerged out of state sanctioned violence against African-Americans. With police violence as the backdrop, the movement recognizes all forms of violence and oppression that unfairly target Black Americans. A Vision for Black Lives has called for the United States government to... |
2018 |
| Kimani Paul-Emile |
Blackness as Disability? |
106 Georgetown Law Journal 293 (January, 2018) |
Recent incidents of police violence against unarmed African-Americans and the lead-filled water of Flint, Michigan are only the most recent reminders of what it means to live as a black person today in the United States. Being black increases the odds of living in poverty, attending failing schools, experiencing housing discrimination, being denied... |
2018 |
| Russell A. McClain |
Bottled at the Source: Recapturing the Essence of Academic Support as a Primary Tool of Education Equity for Minority Law Students |
18 University of Maryland Law Journal of Race, Religion, Gender and Class 139 (Spring, 2018) |
The inaugural diversity conference of the Association of Academic Support Educators and this symposium have presented us with a clear opportunity to focus on the commitment of academic support programs to diversity in the legal profession. From the grassroots beginnings of academic support efforts, these programs have been fundamental to the... |
2018 |
| Dale E. Ho |
Building an Umbrella in a Rainstorm: the New Vote Denial Litigation since Shelby County |
127 Yale Law Journal Forum 799 (2/8/2018) |
abstract. Since the Supreme Court's 2013 decision in Shelby County v. Holder, a two-part test for vote denial liability under Section 2 of the Voting Rights Act (VRA) has emerged. This Essay traces the development of that test and assesses its application in the courts. All five courts of appeals that have considered this issue nominally agree on... |
2018 |
| Susan R. Weisman , Ayah Helmy , Vayong Moua , Julie Ralston Aoki |
Changing Hearts, Minds, and Structures: Advancing Equity and Health Equity in State Government Policies, Operations, and Practices in Minnesota and Other States |
44 Mitchell Hamline Law Review 1230 (2018) |
I. Introduction. 1231 II. Pioneering Work Addressing State-Level Equity and Health Equity Structural Policies and Processes. 1234 III. Case study of the Minnesota Department of Human Services Policy on Equity. 1240 A. Introduction. 1240 B. Key Components of the DHS Policy on Equity. 1242 C. Compliance Expectations. 1246 1. Creation of the Cultural... |
2018 |
| Ahsin Azim |
Common Sense: Rethinking the New Common Rule's Weak Protections for Human Subjects |
71 Vanderbilt Law Review 1703 (October, 2018) |
Since 1991, the Federal Policy for the Protection of Human Subjects, known as the Common Rule, has protected the identifiable private information of human subjects who participate in federally funded research initiatives. Although the research landscape has drastically changed since 1991, the Common Rule has remained mostly unchanged since its... |
2018 |
| Shannon E. Kelley, John F. Edens , Kevin S. Douglas , Texas A&M University, Simon Fraser University |
Concurrent Validity of the Personality Assessment Screener in a Large Sample of Offenders |
42 Law and Human Behavior 156 (April, 2018) |
Mental health problems are disproportionately prevalent in forensic and correctional settings, and there have been numerous attempts to develop screening tools to evaluate individuals in such contexts. This study investigates the clinical utility of the Personality Assessment Screener (PAS; Morey, 1997), a brief self-report measure of risk for... |
2018 |
| Lynn Stout , Sergio Gramitto |
Corporate Governance as Privately-ordered Public Policy: a Proposal |
41 Seattle University Law Review 551 (Winter, 2018) |
In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater... |
2018 |
| Philip Fornaci , Alan Pemberton , Michael Beder |
Criminal Justice in the Courts of Law and Public Opinion |
62 Howard Law Journal 125 (Fall, 2018) |
INTRODUCTION. 126 I. CRIMINALIZATION AND ARREST. 127 A. Police Accountability. 128 B. Gambling and Prostitution. 131 C. Drug Offenses. 132 II. CONDITIONS OF CONFINEMENT. 136 A. Early Efforts of the Washington Lawyers' Committee to Address Over-Criminalization of Communities of Color. 136 B. The Founding of the D.C. Prisoners' Legal Services... |
2018 |
| Cortney E. Lollar |
Criminalizing (Poor) Fatherhood |
70 Alabama Law Review 125 (2018) |
Introduction. 126 I. A Fundamentally Flawed Child Support System. 132 A. The Structure of the Child Support System. 133 B. Debunking the Myth of the Deadbeat Dad. 139 II. Failure to Pay Child Support is the New Debtors' Prison. 142 A. An Exception to the Legal Prohibition Against Debtors' Prisons?. 145 B. Criminal Prosecution as a Sanction for... |
2018 |
| Carlos Berdejó |
Criminalizing Race: Racial Disparities in Plea-bargaining |
59 Boston College Law Review 1187 (April, 2018) |
Introduction. 1189 I. Racial Disparities in Criminal Case Outcomes. 1194 A. Racial Disparities in Sentencing. 1194 B. The Critical Role of Prosecutors. 1196 II. Sentencing in Wisconsin and description of the Data. 1200 A. Criminal Justice in Wisconsin. 1201 1. The Criminal Justice Process. 1201 2. Prison Population and Incarceration Rates. 1203 B.... |
2018 |
| Teneille R. Brown |
Crisis at the Pregnancy Center: Regulating Pseudo-clinics and Reclaiming Informed Consent |
30 Yale Journal of Law & Feminism 221 (2018) |
Abstract: Crisis Pregnancy Centers (CPCs) adopt the look of medical practices--complete with workers in scrubs, ultrasound machines, and invasive physical exams--to deceive pregnant women into thinking they are being treated by licensed medical professionals. In reality, CPCs offer exclusively Bible-based, non-objective counseling. Numerous... |
2018 |
| César Cuauhtémoc García Hernández |
Deconstructing Crimmigration |
52 U.C. Davis Law Review 197 (November, 2018) |
C1-2Table of Contents Introduction. 197 I. Crimmigration Law's Birth. 200 A. Legislative Origins. 200 B. Race, Crime, and Terrorism. 204 C. Seeing Crimmigration Law. 207 D. Crimmigration Doctrine. 210 II. Crimmigration Law's Perniciousness. 213 A. Harms to People. 213 1. Securitization. 214 2. Imprisonment. 219 B. Harms to Institutions. 223 1.... |
2018 |
| Rachel E. Sachs |
Delinking Reimbursement |
102 Minnesota Law Review 2307 (June, 2018) |
Recently, scholars and policymakers on both sides of the aisle have become interested in the legal and regulatory structures surrounding pharmaceutical approval and reimbursement in this country. Scholars focusing on the Food and Drug Administration (FDA) have considered the ways in which it ought to regulate emerging technologies, debated the... |
2018 |
| Sharon Bassan |
Different but Same: a Call for a Joint Pro-active Regulation of Cross-border Egg and Surrogacy Markets |
28 Health Matrix: Journal of Law-Medicine 323 (2018) |
C1-2Contents Introduction. 323 I. Are There Different Reasons to Allow or Forbid Egg and Surrogacy Markets?. 324 a. Commodification of Future/Potential Life. 325 b. Harmful Medical Procedures. 328 c. The Inalienability Involved in Reproductive Commodities. 330 II. Market Failures: are the Reasons to Regulate the Cross-border Egg and Surrogacy... |
2018 |
| Crystal Malone, Alec Rubenstein, Melinda Rubenstein, Theresa A. Omansky |
Digest of Recent Literature |
27 Journal of Affordable Housing & Community Development Law 249 (2018) |
The author of this article seeks to provide ideas of ways to expand the range of housing choices available to lower-income and minority families and individuals by addressing access to homeownership. The article discusses the current barriers to homeownership, evaluates existing policies, and provides policy recommendations aimed at expanding... |
2018 |
| Jon Kleinberg , Jens Ludwig , Sendhil Mullainathan , Cass R. Sunstein |
Discrimination in the Age of Algorithms |
10 Journal of Legal Analysis 1 (2018) |
The law forbids discrimination. But the ambiguity of human decision-making often makes it hard for the legal system to know whether anyone has discriminated. To understand how algorithms affect discrimination, we must understand how they affect the detection of discrimination. With the appropriate requirements in place, algorithms create the... |
2018 |
| Sherod Thaxton |
Disentangling Disparity: Exploring Racially Disparate Effect and Treatment in Capital Charging |
45 American Journal of Criminal Law 95 (Spring, 2018) |
One hundred and thirty years ago, in Yick Wo v. Hopkins, the U.S. Supreme Court ruled that racially discriminatory enforcement of facially-neutral laws violated defendants' equal protection rights. Since then, a voluminous body of research has documented persistent and unjustified racial disparities in charging and sentencing. Yet not a single... |
2018 |
| Jamelia N. Morgan |
Disparate Impact and Voting Rights: How Objections to Impact-based Claims Prevent Plaintiffs from Prevailing in Cases Challenging New Forms of Disenfranchisement |
9 Alabama Civil Rights & Civil Liberties Law Review 93 (2018) |
I. Introduction. 94 II. Anti-Essentialism, Proportional Representation, and Objections to Impact-Based Claims. 100 III. Why Objections to Impact-Based Claims are Misplaced in Cases Challenging the New Forms of Vote Denial. 110 A. Objections Pursuant to the Equal Protection Clause. 113 B. Consternation Over Proportional Representation as the Remedy.... |
2018 |