| Author | Title | Citation | Summary | Year |
| Deborah Grimes |
Diversity and Compliance Officer Partnerships |
20 Journal of Health Care Compliance 41 (November-December, 2018) |
Over the years, a new alignment with quality outcomes and reimbursement has increased in importance because Medicare reimbursement is based on quality outcomes, and higher performers receive higher reimbursement. The Centers for Medicare & Medicaid Services' (CMS') value-based reimbursement models has set a goal to have 90 percent of traditional... |
2018 |
| Eric Jantz |
Environmental Racism with a Faint Green Glow |
58 Natural Resources Journal 247 (Summer, 2018) |
For the last thirty years, environmental justice, that is, the equitable distribution of environmental pollution among all members of society, has informed environmental decision-making at every level of government. While most Federal agencies responsible for environmental regulation have taken meaningful steps to address the disparate impacts of... |
2018 |
| Theanne Liu |
Ethnic Studies as Antisubordination Education: a Critical Race Theory Approach to Employment Discrimination Remedies |
11 Washington University Jurisprudence Review 165 (2018) |
This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (EEO), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law.... |
2018 |
| Khiara M. Bridges |
Excavating Race-based Disadvantage among Class-privileged People of Color |
53 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2018) |
The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist--the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the... |
2018 |
| Dana Roth |
Gender Bias in Clinical Drug Trials |
33 Wisconsin Journal of Law, Gender & Society 83 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 84 II. Clinical drug trials and women--The Science Problem. 87 A. Male and Female Bodies Inherently React to Drugs Differently. 87 B. Despite These Differences, There is a Long History of Not Including Women in Clinical Trials. 88 C. There Are Economic and Practical Incentives for Under-Inclusion of Women in... |
2018 |
| Marie Boyd |
Gender, Race & the Inadequate Regulation of Cosmetics |
30 Yale Journal of Law & Feminism 275 (2018) |
Abstract: Scholars and other commentators have identified failures in the regulation of cosmetics--which depends heavily on voluntary industry self-regulation--and called for more stringent regulation of these products. Yet these calls have largely neglected an important dimension of the problem: the current laissez-faire approach to the regulation... |
2018 |
| Susan N. Herman |
Getting There: on Strategies for Implementing Criminal Justice Reform |
23 Berkeley Journal of Criminal Law 32 (Spring, 2018) |
Criminal justice reform efforts sometimes seem improvisational. Scholars and activists have built a persuasive case that we need to reform the criminal justice system to reduce our reflexive dependency on mass incarceration and to root out bias against the poor, the mentally ill, and racial minorities. We know that actions like revising sentencing... |
2018 |
| Dayna Bowen Matthew |
Health and Housing: Altruistic Medicalization of America's Affordability Crisis |
81 Law and Contemporary Problems 161 (2018) |
This article argues in favor of responding to the lack of affordable housing in America as a public health crisis. The medicalization frame adopted here responds to epidemiological evidence of the nexus between health and housing, invites collaborative and integrated solutions to improve health outcomes, and points to innovative financing streams... |
2018 |
| Elizabeth Tobin-Tyler |
Health Justice in the Age of Alternative Facts and Tax Cuts: Value-based Care, Medicaid Reform, and the Social Determinants of Health |
12 Saint Louis University Journal of Health Law & Policy 29 (2018) |
Some provisions of the Patient Protection and Affordable Care Act of 2010 (ACA) as well as regulatory policies under the Obama administration reflected the overwhelming evidence that to reduce health care costs, and to improve quality of care and population health, the social determinants of health (SDOH) must be addressed. These policies included... |
2018 |
| Margaret E. Montoya |
Hls 200: a Latina's Story about the Bicentennial |
21 Harvard Latinx Law Review 35 (Spring, 2018) |
Harvard Law School (HLS) celebrated its bicentennial on October 26 and 27, 2017, and filmed a documentary as part of the activities marking the 200-year history of the school. This essay memorializes the role that I, a Latina who has been linked to HLS since I applied for admission in the fall of 1971, played in some of the bicentennial events.... |
2018 |
| Nazgol Ghandnoosh , The Sentencing Project, Washington, DC, 202-628-0871, Email nghandnoosh@sentencingproject.org, Website www.sentencingproject.org |
How Defense Attorneys Can Eliminate Racial Disparities in Criminal Justice |
42-JUN Champion 36 (June, 2018) |
Why did Judge Aaron Persky not sentence Stanford University student-athlete Brock Turner to longer than six months in jail for sexually assaulting an unconscious woman? Why was Texas teenager Ethan Couch, characterized as suffering from affluenza sentenced to only probation for a drunk driving accident that killed four people? Why was Dylann... |
2018 |
| Jessica Mantel |
How Efforts to Lower Health Care Costs Are Putting Patients and Providers on a Collision Course |
44 Ohio Northern University Law Review 371 (2018) |
Voters consistently rank health care among their top issues, and for good reason. Over the past few decades health care spending has consistently risen faster than the general inflation rate, often by significant amounts. In 2016, health care spending comprised 17.9 percent of the gross domestic budget, as compared to only 5 percent in 1960. This... |
2018 |
| Naomi Strauss |
How the Lone Star State's Refusal to Expand Medicaid Is Leaving Pregnant Women More Alone than Ever |
45 Hastings Constitutional Law Quarterly 739 (Summer, 2018) |
The maternal mortality rate in Texas has steadily increased in the last ten years, and doubled in 2011-2012. These recent statistics make Texas one of the most dangerous places in the developed world to be pregnant and to deliver a child. Across America, maternal health is in crisis. This alarming trend in maternal mortality is an issue of national... |
2018 |
| Augustus Chow |
I. Glenn Cohen, Patients with Passports: Medical Tourism, Law, and Ethics |
14 Journal of Health & Biomedical Law 233 (2018) |
The rising cost of healthcare and the legality of certain medical procedures have become nation-dividing controversies. Whether they are for private or public healthcare or the legality or illegality of a procedure, everyone seems to weigh in on these controversies. Seeking lower costs, some individuals and providers are willing to go so far as to... |
2018 |
| Yvonne Elosiebo |
Implicit Bias and Equal Protection: a Paradigm Shift |
42 New York University Review of Law and Social Change 451 (2018) |
In a society that touts grand egalitarian principles, one must reckon with the reality of racial, financial, carceral, educational, and health disparities. Certain groups consistently differentially perform in almost every metric, despite the contention that they are accorded the same opportunities. This article explores how unconscious bias has... |
2018 |
| Khiara M. Bridges |
Implicit Bias and Racial Disparities in Health Care |
43 Human Rights 19 (2018) |
Why are black people sicker, and why do they die earlier, than other racial groups? Many factors likely contribute to the increased morbidity and mortality among black people. It is undeniable, though, that one of those factors is the care that they receive from their providers. Black people simply are not receiving the same quality of health care... |
2018 |
| Hugh Baran |
In Croson's Wake: Affirmative Action, Local Hiring, and the Ongoing Struggle to Diversify America's Building & Construction Trades |
39 Berkeley Journal of Employment and Labor Law 299 (2018) |
I. Introduction: History Repeating. 300 II. The Evolution of the Construction Industry. 306 A. Job Structure of the Construction Industry. 306 B. The Apprenticeship & Hiring Hall Models. 308 C. The Trades Win Key Legal Protections. 310 D. Union Dominance, Black Exclusion. 313 E. Industry Changes: The Decline in Union Density. 315 F. Evaluating the... |
2018 |
| Tom C.W. Lin |
Incorporating Social Activism |
98 Boston University Law Review 1535 (December, 2018) |
Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... |
2018 |
| Dr. Andra le Roux-Kemp |
International and Operational Responses to Disease Control: Beyond Ebola and Epistemological Confines |
15 Indiana Health Law Review 247 (2018) |
[E]pidemics resemble great warning signs on which the true statesman is able to read that the evolution of his nation has been disturbed to a point which even a careless policy is no longer allowed to overlook . Don't crowd disease point everywhere to deficiencies of society? . Abnormal conditions always produce abnormal situations. War, plague and... |
2018 |
| Meghan Boone |
Lactation Law |
106 California Law Review 1827 (December, 2018) |
Over the last twenty years, state legislatures have passed a number of laws designed to support and encourage breastfeeding, including laws that protect public breastfeeding and lactating employees in the workplace. Both sides of the political aisle cheered the passage of these laws, and more recent federal laws, as an unqualified positive for... |
2018 |
| Anne Alstott |
Law and the Hundred-year Life |
26 Elder Law Journal 131 (2018) |
I want to begin with a fact. A fact that stunned me when I heard it, and a fact that motivates this lecture. Here it is: the majority of children born in rich countries today can expect to live to more than 100. Put another way, more than 50% of babies born in the United States today will be alive one hundred years from now. This isn't a fringe... |
2018 |
| Shauna Van Praagh, Jean-Frédéric Ménard, Marjorie Montreuil, Crystal Noronha, Victoria Talwar, Franco A Carnevale |
Learning from Jj: an Interdisciplinary Conversation about Child Welfare, Health Care, and Law |
12 McGill Journal of Law and Health 123 (2018) |
This paper is a collaborative project by six scholars belonging to VOICE, Views On Interdisciplinary Childhood Ethics, an interdisciplinary group of researchers working in the field of childhood ethics. The authors consider the recent case of Hamilton Health Science Corp v DH and reflect on the story at its centre, that of JJ, an 11-year-old girl... |
2018 |
| Dayna Bowen Matthew |
Lessons from the Other America Turning a Public Health Lens on Fighting Racism and Poverty |
49 University of Memphis Law Review 229 (Fall, 2018) |
I. Introduction. 230 II. The Other America. 233 A. Lesson #1: The Fundamental Problem of Racism in America Will Not Be Solved By Addressing Poverty Alone. 234 B. Lesson #2: Public Health Provides a Comprehensive Framework for Addressing Persistent Consequences of Racism and Poverty. 239 1. Public Health Analysis of Residential Segregation. 240 i.... |
2018 |
| Nathan A. Rosenberg , Nevin Cohen |
Let Them Eat Kale: the Misplaced Narrative of Food Access |
45 Fordham Urban Law Journal 1091 (May, 2018) |
Introduction. 1092 I. The Food Access Narrative. 1093 A. Third Way Politics and Food Access. 1094 B. The Emergence of Food Access in the United States. 1097 C. Municipal Politics and Food Access. 1099 D. Food Access and the Obesity Epidemic. 1100 II. Food Access Policies. 1101 A. The Retail Initiative. 1102 B. State and Local Fresh Food Financing... |
2018 |
| Megan Quattlebaum |
Let's Get Real: Behavioral Realism, Implicit Bias, and the Reasonable Police Officer |
14 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2018) |
Constitutional law is not particularly sophisticated about bias, and so it is not very good at protecting people from it. This is nowhere more evident than in the Supreme Court's jurisprudence around racial profiling. The Supreme Court has conceptualized racial profiling as something only bad police officers do; it has equated bad stops with bad... |
2018 |
| Russell K. Robinson , David M. Frost |
Lgbt Equality and Sexual Racism |
86 Fordham Law Review 2739 (May, 2018) |
We want to use the fiftieth anniversary of Loving v. Virginia to juxtapose the public legal posture of LGBT litigants with the private practices of racial discrimination in intimate relationships, or sexual racism. In arguing for marriage equality, LGBT litigants and groups successfully relied on the U.S. Supreme Court's Loving decision for its... |
2018 |
| Christopher Ogolla |
Litigating Hypocrisy: Turf Wars Between Health Care Professionals Regarding Diagnosis, Evaluation, and Treatment |
50 University of Toledo Law Review 67 (Fall, 2018) |
[I]t's an unbelievably complex subject. Nobody knew health care could be so complicated. AS harsh as our political climate has become, one thing that we agree on is that health care is in crisis in America. Although health care has remained on the public agenda since Franklin Roosevelt's presidency, the last quarter century has seen some of the... |
2018 |
| Jasmine Villanueva-Simms |
Mary Otto, Teeth: the Story of Beauty, Inequality, and the Struggle for Oral Health in America |
13 Journal of Health & Biomedical Law 389 (2018) |
Show me your teeth and I'll tell you who you are - George Cuvier On January 11, 2007, about thirty miles from Baltimore, Deamonte Driver came home from school complaining of a headache. A spinal tap and a CT scan revealed he had meningitis and required emergency brain surgery. After two brain surgeries, six weeks of hospital care, and a brief... |
2018 |
| Christopher C. Ligatti |
Max Weber Meets the Fair Housing Act: "Life Chances" and the Need for Expanded Lost Housing Opportunity Damages |
6 Belmont Law Review 78 (2018) |
Introduction. 79 I. Background. 81 A. The Root of Mobility Based Programs in Life Chances Theory. 82 1. Max Weber's Life Chances Theory. 82 2. Neighborhood Effects and the Geography of Opportunity as Understood Through the Lens of Life Chances. 87 3. The Negative Consequences of Low-Opportunity Areas. 88 4. The Benefits of Moving to... |
2018 |
| George W. Dent Jr. |
Meaningless Marriage: the Incoherent Legacy of Obergefell V. Hodges |
17 Appalachian Journal of Law 1 (2017/2018) |
Marriage is a socially arranged solution for the problem of getting people to stay together and care for children that the mere desire for children, and the sex that makes children possible, does not solve. [I]t is through children alone that sexual relations become of importance to society, and worthy to be taken cognizance of by a legal... |
2018 |
| Tara Wilson |
Medicaid Approaches to Addressing Maternal Mortality in the District of Columbia |
20 Georgetown Journal of Gender and the Law 215 (Fall, 2018) |
. government still has an obligation to act. Just as we can't be just a little pregnant. You either are or you are not. You cannot be a little misogynistic and racist. This is not about intentions. Lack of action is unintentionally killing us. Representative, Black Mamas Matter Alliance Maternal mortality in Washington, DC, has reached crisis... |
2018 |
| Lindsay F. Wiley |
Medicaid for All? State-level Single-payer Health Care |
79 Ohio State Law Journal 843 (2018) |
C1-3Table of Contents I. Introduction. 844 II. Maximizing Medicaid Coverage Under Existing Federal Rules. 848 A. Expanding Eligibility Through Optional Statutory Categories and Administrative Waivers. 849 B. Managing Medicaid Managed Care. 850 C. Implementing the ACA's Medicaid Expansion. 852 III. Striving for Fragmentary but Universal Coverage.... |
2018 |
| Barbara Stark |
Mr. Trump's Contribution to Women's Human Rights |
24 ILSA Journal of International and Comparative Law 317 (Winter, 2018) |
I. Introduction: The Day After. 317 II. Civil and Political Rights: The March. 319 A. Legal Grounds. 320 B. Civil and Political Rights. 321 1. Organizing. 321 2. The November 2017 Elections. 322 III. Sexual Harassment. 324 A. In America. 324 1. Title VII, the Women's Movement, and Catharine MacKinnon. 324 2. Anita Hill and Clarence Thomas. 324 3.... |
2018 |
| Margaret F. Brinig , Marsha Garrison |
Multipartner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana |
52 Family Law Quarterly 27 (Spring, 2018) |
In this paper, we report data on multipartner fertility (MPF) in a population of children and parents for whom paternity actions were brought in 2008 or 2010 in St. Joseph County, Indiana. The computerized, court-based record system we utilized enabled us to collect information on parental characteristics and child outcomes that other MPF... |
2018 |
| Kirsten Mehnert |
Native American Reproductive Health Law--reproductive Justice: the Politics of Healthcare for Native American Women |
14 Journal of Health & Biomedical Law 445 (2018) |
No Money, No People, No Service- Sarah One in four Native American children are born in Indian Health Services (IHS) hospitals. After birth, Native American women are four times more likely to hemorrhage, three times more likely to have gestational diabetes, and preeclampsia occurs twice as often than the national average. On the Pine Ridge... |
2018 |
| Mary Smith |
Native Americans: a Crisis in Health Equity |
43 Human Rights 14 (2018) |
By any measure, health care for Native Americans lags behind other groups, despite a legal obligation on the part of the United States to provide health care to American Indians and Alaska Natives. Native American communities face significant inequity in health care and health status compared to other U.S. populations. Health outcomes for Native... |
2018 |
| Emily C. Bartlett |
No Pay for Sexist Performance: How Gender Disparities in Healthcare Hurt Hospitals' Pay for Performance Reimbursements |
96 Washington University Law Review 177 (2018) |
Gender disparities and discrimination in healthcare treatment are vast. Women in pain are deemed hysterical, heart attacks in women are caught less frequently than in men due to symptom presentation differences, and women are screened less often than men for some cancers. Meanwhile, in order to be fully reimbursed for healthcare services,... |
2018 |
| Diana R. Donahoe |
Not-so-great Expectations: Implicit Racial Bias in the Supreme Court's Consent to Search Doctrine |
55 American Criminal Law Review 619 (Summer, 2018) |
The Supreme Court's creation of the social expectation doctrine in third-party consent to search cases, where it equated a police officer demanding entrance to a suspect's home with a house call from a social visitor, is emblematic of the implicit bias that pervades the United States criminal justice system. This perception of friendly officers... |
2018 |
| Steven A. Ramirez , Neil G. Williams |
On the Permanence of Racial Injustice and the Possibility of Deracialization |
69 Case Western Reserve Law Review 299 (Winter 2018) |
[T]he arc of the moral universe is long but it bends toward justice. --Dr. Martin Luther King, Jr., Our God is Marching On!, 25 March 1965, Montgomery, Alabama. I'm convinced that racism is a permanent part of the American landscape. --Derrick Bell, Faces at the Bottom of The Well: The Permanence of Racism, 1993. C1-2Contents Contents. 299... |
2018 |
| Raisa D'Oyley |
Overrepresented and under the Radar: Black Immigrants in Law School and the Legal Profession |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2018) |
Though black immigrants only represent less than nine percent of the population of blacks in America, they are overrepresented in colleges and universities, particularly at selective institutions. Researchers have not been able to conclusively determine the cause. Though unidentifiable, these factors will continue to influence representation in... |
2018 |
| Kyndra C. Cleveland, Jodi A. Quas, Vanderbilt University, University of California-Irvine |
Parents' Understanding of the Juvenile Dependency System |
24 Psychology, Public Policy, and Law 459 (November, 2018) |
A great deal of attention has been devoted to documenting the legal experiences and knowledge of children involved in the juvenile dependency system (i.e., child protection system). Such insight is critical to inform policies that profoundly affect children and families. However, the experiences and knowledge of another population involved in the... |
2018 |
| Govind Persad |
Paying Patients: Legal and Ethical Dimensions |
20 Yale Journal of Law and Technology 177 (2018) |
This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who... |
2018 |
| Michael R. Dohn |
Personal Genomics and Genetic Discrimination: Is Increased Access a Good Thing? |
45 Western State Law Review 107 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 107 II. Increased Access to Genetic Information: The Good and the Bad. 109 A. Historical Use of Genetic Information. 109 B. Benefits. 111 C. Potential drawbacks. 113 III. Genetic Testing Approaches and Their Privacy Concerns. 114 A. Genetic Testing Approaches. 114 B. Privacy Concerns. 117 IV. Current... |
2018 |
| Edward T. Mechmann , Alexis N. Carra |
Physician-assisted Suicide and the New York State Constitution |
81 Albany Law Review 1337 (2017-2018) |
On September 7, 2017, the New York State Court of Appeals ruled on the most significant state constitutional case that it had been presented in several years. In Myers v. Schneiderman, the Court unanimously rejected a request to legalize physician-assisted suicide (PAS). This article will examine the background and the legal grounds of that... |
2018 |
| Russell K. Robinson, David M. Frost |
Playing it Safe with Empirical Evidence: Selective Use of Social Science in Supreme Court Cases about Racial Justice and Marriage Equality |
112 Northwestern University Law Review 1565 (2018) |
Abstract--This Essay seeks to draw connections between race, sexual orientation, and social science in Supreme Court litigation. In some respects, advocates for racial minorities and sexual minorities face divergent trajectories. Among those asserting civil rights claims, LGBT rights claimants have been uniquely successful at the Court ever since... |
2018 |
| Steve Herbert , Katherine Beckett , Forrest Stuart |
Policing Social Marginality: Contrasting Approaches |
43 Law and Social Inquiry 1491 (Fall, 2018) |
Urban police officers concentrate much attention on individuals who experience various forms of inequality. Some police tactics that address the socially marginal gamer public concern, especially when violence occurs. Solutions to such police-community tensions are elusive, in part because police cannot meaningfully reduce inequality. Yet there are... |
2018 |
| Jessica Larsen |
Policy Considerations and Implications in United States V. Bryant |
13 Northwestern Journal of Law & Social Policy 469 (Spring, 2018) |
In United States v. Bryant, the Supreme Court unanimously decided to both narrow the scope of the Sixth Amendment right to legal representation, and reinforce and strengthen tribal sovereignty and the legitimacy of the tribal court system. The decision came at a time when the Court was only eight justices strong, and 4-4 splits along ideological... |
2018 |
| Kimberly Cogdell Grainger |
Political Rhetoric and Minority Health: Introducing the Rhetoric-policy-health Paradigm |
12 Saint Louis University Journal of Health Law & Policy 121 (2018) |
Rhetoric is a persuasive device that has been studied for centuries by philosophers, thinkers, and teachers. In the political sphere of the Trump era, the bombastic, social media driven dissemination of rhetoric creates the perfect space to increase its effect. Today, there are clear examples of how rhetoric influences policy. This Article explores... |
2018 |
| Sonya C. Bishop |
Poverty, Mental Health, and Technology: Using Medicaid § 1315a Innovation Grants to Test out Own-time Telemental Health Technology |
90 Temple Law Review 467 (Spring, 2018) |
I never thought of myself as depressed so much as paralyzed by hope. - Maria Bamford The behavioral health crisis looms, but popular culture teaches us that technology can heal all woes. Americans retain unfettered access to technologies that solve nonexistent problems. Terrified by the possibility of out-of-focus photos of your gerbil? Fear no... |
2018 |
| Michele Goodwin, Erwin Chemerinsky |
Pregnancy, Poverty, and the State the Poverty of Privacy Rights by Khiara M. Bridges Stanford University Press, 2017 |
127 Yale Law Journal 1270 (March, 2018) |
INTRODUCTION 1272 I. RACE, CLASS, AND THE LOSS OF FAMILY AND REPRODUCTIVE PRIVACY 1281 A. Depriving Poor Mothers of Privacy Rights 1284 B. The Value of Privacy Rights 1293 C. The State as a Negative Messenger Against the Poor 1298 II. THE LEGALIZATION OF THE MORAL DISREGARD FOR WOMEN'S REPRODUCTIVE HEALTH AND RIGHTS 1305 A. Moral Corruption Against... |
2018 |