| Author | Title | Citation | Summary | Year |
| David Domagala Mitchell |
Preventing Toxic Lead Exposure Through Drinking Water Using Point-of-use Filtration |
48 Environmental Law Reporter News & Analysis 11074 (December, 2018) |
Lead exposure through drinking water is an acute and persistent problem in the United States. The Flint, Michigan, water crisis brought national attention to this problem, but every city is at risk where lead-containing materials are present in water infrastructure and building plumbing. Preventing childhood exposure to lead is the consensus policy... |
2018 |
| John Thomas , Dorothy E. Stubbe |
Psychiatric, Epigenetic, Legal, and Public Health Challenges Facing Refugee Children: an Integrated Approach |
36 Quinnipiac Law Review 635 (2018) |
There can be no keener revelation of a society's soul than the way in which it treats its children. --Nelson Mandela I. The Worldwide Refugee Crisis. 638 II. The Legal Challenges Facing Refugee Children. 642 A. International Law. 642 B. European Law. 644 C. U.S. Law. 647 D. The U.S. Executive Order Travel Bans. 651 III. The Neurological Challenges... |
2018 |
| Daniel Brovman |
Quid Pro No: When Rolexes, Ferraris, and Ball Gowns Are Not Political Currency |
92 Southern California Law Review 169 (November, 2018) |
C1-3TABLE OF CONTENTS L1-2INTRODUCTION . L3170 I. FACTUAL AND PROCEDURAL BACKGROUND. 173 II. THE SUPREME COURT'S DECISION IN MCDONNELL V. UNITED STATES AND ITS MISGUIDED THEORIES. 179 III. THE COURT ERRED: WHY, HOW, AND WHAT THIS MEANS FOR ITS DEMOCRACY-REINFORCING ROLE. 183 A. Why the Court's View on Access Is Incorrect. 184 B. Why Contradictory... |
2018 |
| Aziza Ahmed |
Race and Assisted Reproduction: Implications for Population Health |
86 Fordham Law Review 2801 (May, 2018) |
This Article emerges from Fordham Law Review's Symposium on the fiftieth anniversary of Loving v. Virginia, the case that found antimiscegenation laws unconstitutional. Inspired by the need to interrogate the regulation of race in the context of family, this Article examines the diffuse regulatory environment around assisted reproductive technology... |
2018 |
| Girardeau A. Spann |
Race Ipsa Loquitur |
2018 Michigan State Law Review 1025 (2018) |
C1-2Table of Contents Introduction. 1025 I. Discrimination. 1030 A. Then. 1030 B. Now. 1034 1. Money. 1036 2. Education. 1039 3. Employment. 1041 4. Health. 1043 5. Housing. 1046 6. Voting. 1049 7. Criminal Justice. 1052 II. Denial. 1056 A. Rationalizations. 1057 B. Bias. 1061 1. Blatant. 1061 2. Subtle. 1065... |
2018 |
| Stacy Hawkins |
Race-conscious Admissions Plans: an Antidote to Educational Opportunity Hoarding? |
43 Journal of College and University Law 151 (2018) |
In spite of the most recent victory for diversity in higher education handed down by the Supreme Court in Fisher v. Texas, there seems to be no end in sight to the legal assault on race-conscious admissions plans. Rather than attempt to defend race-conscious admissions plans on the disputed legal terms, this article instead asks whether the... |
2018 |
| Tom Lawry, Steve Mutkoski, Nathan Leong |
Realizing the Potential for Ai in Precision Health |
15 SciTech Lawyer 22 (Fall, 2018) |
Artificial intelligence (AI)--intelligent technology capable of analyzing, learning, and drawing predictive insights from data--is transforming many sectors of the global economy; whether AI also will transform health care is no longer a matter for significant debate. Immensely powerful AI capabilities have driven major advances in precision... |
2018 |
| Derek Waller |
Recognizing Transgender, Intersex, and Nonbinary People in Healthcare Antidiscrimination Law |
103 Minnesota Law Review 467 (November, 2018) |
What are you? --A physician to a transgender patient. THE DIAGNOSIS IS INCONSISTENT WITH THE PATIENT'S GENDER. --An insurer's reason for rejecting a transgender patient's claim. Affirmative care means treating trans people like people . it's not that hard. --From an interview with Afton Bradley, Program Manager for Transgender Health at... |
2018 |
| Jeremy Pilaar |
Reforming Unemployment Insurance in the Age of Non-standard Work |
13 Harvard Law & Policy Review 327 (Summer, 2018) |
Unemployment Insurance (UI) is one the nation's most effective anti-poverty and economic stabilization measures. Unfortunately, the number of workers receiving benefits has substantially declined in recent decades. This Note probes one likely cause of this phenomenon that scholars have mostly ignored: the rise of non-standard employment, including... |
2018 |
| Elizabeth Ann Glass Geltman |
Regulation of Silica: Will Lowering the Exposure Level Cost Jobs or Improve Public Health? |
120 West Virginia Law Review 1135 (Spring, 2018) |
I. Introduction. 1135 II. Silica & Silicosis in the United States and Around the World. 1139 III. The Development of OSHA Silica Regulations. 1141 IV. Court Review of Challenges to the OSHA Silica Regulations. 1152 V. Court Review of Union Challenges to the OSHA Silica Regulations. 1155 VI. ALEC & the Asbestos and Silica Claims Priority Act. 1158... |
2018 |
| Kathleen Conn, Ph.D., J.D., LL.M. |
Re-interpreting Sex: Changing Judicial Views of Title Vii and Title Ix |
357 West's Education Law Reporter 1 (10/4/2018) |
The Civil Rights movement of the mid-twentieth century radically changed schools and social structures in America, and the Gender Revolution of the early twenty-first century is poised to imprint parallel but different changes on American schools, workplaces, and social intercourse. However, the racial equality implied by the landmark 1954 Supreme... |
2018 |
| Christina Grey |
Remnants of 'Separate, but Equal': What Is Wrong with Texas Public School Financing? |
70 Baylor Law Review 689 (Spring, 2018) |
In the 21st century, the best anti-poverty program is a world-class education. - Barack Obama The Texas Constitution mandates the state provide an efficient system of public schools, and the United States Supreme Court has found a right of equal opportunity to education. But between contradictory Texas Supreme Court opinions and discriminatory... |
2018 |
| Valerie Gutmann Koch , Kelly Todd |
Research Revolution or Status Quo?: the New Common Rule and Research Arising from Direct-to-consumer Genetic Testing |
56 Houston Law Review 81 (Fall, 2018) |
The confluence of the 2017 revisions to the Common Rule and the evolving research model utilizing biospecimens and personal information collected by direct-to-consumer genetic testing companies necessitates a deeper consideration of the present ethical, legal, and regulatory issues that arise from personal genomic research. This Article addresses... |
2018 |
| Addie C. Rolnick |
Resilience and Native Girls: a Critique |
2018 Brigham Young University Law Review 1407 (2018) |
C1-2Contents Introduction. 1407 I. Resilience Literature. 1409 A. Resilient Institutions. 1410 B. Resilient Individuals. 1412 II. Resilience and Native Girls. 1415 III. Naturalizing Trauma; Punishing Survival. 1418 IV. Making Resilience Work for Native Girls. 1424 Conclusion. 1426 |
2018 |
| Kimberly Jenkins Robinson |
Restructuring the Elementary and Secondary Education Act's Approach to Equity |
103 Minnesota Law Review 915 (December, 2018) |
L1-2Introduction . L3916 I. Understanding the Every Student Succeeds Act. 926 A. The No Child Left Behind Act of 2001. 928 B. The Every Student Succeeds Act (ESSA). 932 1. ESSA on Standards and Testing. 933 2. ESSA on Accountability. 934 3. ESSA on Resource Equity, Teacher Quality, and DOE Oversight. 935 II. How ESSA Misses the Mark for Equity. 938... |
2018 |
| Michael J. Pitts |
Rethinking Section 2 Vote Denial |
46 Florida State University Law Review 1 (Fall, 2018) |
It has now been more than 35 years since passage of the Section 2 results standard, and how that standard applies to vote denial claims (e.g., claims involving voter identification) remains extremely muddled. The Supreme Court has never ruled on a vote denial claim in the context of the Section 2 results standard, and lower courts have struggled to... |
2018 |
| Melvin J. Kelley IV |
Retuning Bell: Searching for Freedom's Ring as Whiteness Resurges in Value |
34 Harvard Journal on Racial & Ethnic Justice 131 (Spring, 2018) |
A review of U.S. history demonstrates that profound progress has been made in addressing racial injustices over the years. Yet the dream of equality still remains elusive for most people of color, as evidenced by persistent racial inequities across all measures, the rollback of civil rights victories, as well as the election of President Trump and... |
2018 |
| Sarah Deer, Mary Kathryn Nagle |
Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children |
41 Harvard Journal of Law & Gender 179 (Winter, 2018) |
C1-2Table of Contents Introduction. 180 I. Non-Indian Perpetrated Violence Against Native Women Was Designed to Secure Colonial Conquest and the Destruction of Tribal Nations. 187 A. Native Women Form the Foundation of Tribal Sovereignty. 187 B. Non-Indian Perpetuated Violence Was Purposefully Used Against Native Women and Children as a Form of... |
2018 |
| Samuel Wilwerding |
Reviving the Kidney-market Debate: a Proposal for Redistributive Taxation |
70 Alabama Law Review 609 (2018) |
Abstract. 610 Introduction. 610 I. Background. 612 A. The National Organ Transplant Act. 612 B. The world context: death, dialysis, and the black market. 614 II. A Redistributive Kidney Tax Proposal. 618 A. Overview of the proposed system. 618 B. Price regulation. 619 C. Tax brackets: simplicity vs. equity. 621 D. Wealth determination. 623 E. How... |
2018 |
| Nylca J. Muñoz Sosa, JD, DrPHc, MPH , Marinilda Rivera Díaz, PhD, MSW , Juan F. Correa Luna, JD |
Right to Health in the Oldest Colony of the World: an Interdisciplinary Participatory Action Research |
14 Revista de Estudios Criticos del Derecho 119 (2018) |
Este artículo tiene el propósito de presentar la condición colonial de Puerto Rico (PR) y sus implicaciones para el derecho a la salud. A través de la metodología de investigación-acción-participativa (IAP), se exploraron las experiencias de los participantes con los servicios de salud en PR, y su conocimiento sobre el derecho a la salud. Clínicas... |
2018 |
| Mehmet K. Konar-Steenberg |
Root and Branch: the Thirteenth Amendment and Environmental Justice |
19 Nevada Law Journal 509 (Winter 2018) |
[The Thirteenth Amendment] abolishes slavery . root and branch. It abolishes it in the general and the particular .. Any other interpretation belittles the great amendment and allows slavery still to linger among us in some of its insufferable pretensions. C1-2Table of Contents Introduction. 510 I. Environmental Justice and Traditional... |
2018 |
| Nicole Huberfeld |
Rural Health, Universality, and Legislative Targeting |
13 Harvard Law & Policy Review 241 (Summer, 2018) |
Health disparities are persistent and worsening for rural communities, which have smaller patient populations with higher rates of uninsurance and greater incidence of the diseases and deaths of despair. Hospital closures and provider shortages are more common in rural than in urban areas, also contributing to worsening population health and crises... |
2018 |
| Barbara Fedders |
Schooling at Risk |
103 Iowa Law Review 871 (March, 2018) |
ABSTRACT: For much of the nation's history, states excluded entire groups of students from mainstream public-school classrooms based on classifications of race or disability. Although Brown vs. Board of Education and its progeny, as well as the Individuals with Disabilities Education Act, now prohibit the most blatant and egregious forms of this... |
2018 |
| Amy Swiffen, Martin French |
Seropolitics and the Criminal Accusation of Hiv Non-disclosure in Canada |
21 New Criminal Law Review 545 (Fall, 2018) |
This paper examines the criminalization of HIV non-disclosure in Canada as a public health legal response. The analysis begins outside the public health framework to relate the criminalization of HIV to broader shifts in the relationship between life and law in contemporary forms of governance. It does this by drawing on the concepts of biopower... |
2018 |
| Elizabeth Sepper , Jessica L. Roberts |
Sex, Religion, and Politics, or the Future of Healthcare Antidiscrimination Law |
19 Marquette Benefits & Social Welfare Law Review 217 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 218 II. Healthcare Nondiscrimination and the Affordable Care Act. 222 III. Defining Sex Discrimination. 227 A. Sex Stereotyping and Antidiscrimination Law. 228 B. Gender Identity. 231 C. Sexual Orientation. 234 IV. Religious Exemptions and Section 1557. 239 V. Conclusion. 245 |
2018 |
| Natasha Marie Landon |
Sexting: the 21st Century's Digital Lovers' Lane |
79 Ohio State Law Journal 591 (2018) |
Using child pornography offenses to sentence minors for sexting is a gross perversion of the intended use of the statute. This Note proposes an amendment to the federal sentencing structure that would exempt minors from federal child pornography offenses. Although criminal acts do occur by means of sexting between minors (i.e., coerced or... |
2018 |
| Ryan Cohen |
Shelter-in-place: Reducing Displacement and Increasing Inclusion in Gentrifying Neighborhoods |
13 Harvard Law & Policy Review 273 (Summer, 2018) |
In the past few decades, across the United States, middle- and upper-class whites have been returning to the urban centers they abandoned in the 1970s, attracting renewed investment from public and private actors to once-disinvested neighborhoods. Meanwhile, lower-income residents of color who remained in those now-gentrifying neighborhoods are... |
2018 |
| Spencer Rand |
Social Justice as a Professional Duty: Effectively Meeting Law Student Demand for Social Justice by Teaching Social Justice as a Professional Competency |
87 University of Cincinnati Law Review 77 (2018) |
Many law students go to law school wanting to affect social change and learn how to use law to improve upon what they see as an unjust world. This number is likely to quickly increase. In what is being called the Trump Bump, law school applications are on the rise, increasing more than 11 percent this year after several years of decline. The... |
2018 |
| Ernesto Hernández-López |
Sustainable Food and the Constitution |
50 Arizona State Law Journal 549 (Summer, 2018) |
Sustainable food policies strive for environmental, healthy, economically just, and humane food production. Their success has ignited legal debates about the Constitution. This is not new. Iconic constitutional law cases examine sustainable food, such as meat in the Slaughter-House Cases (1873), bread in Lochner v. New York (1905), and wheat in... |
2018 |
| Nicole Austin-Hillery |
Symposium--perspectives on Racial Justice in the Era of #Blacklivesmatter: Voting Dlsenfranchisement |
40 Western New England Law Review 415 (2018) |
I want to tell you how happy I am to be here today with all of you. When I got the invitation that originally came from Chelsea, I was excited because I thought, Wow, this law school is not afraid to walk the talk. There is all this talk right now in our country about racial justice and supremacy and nationalism, and a lot of people say, in... |
2018 |
| Nicholas Freudenberg , Nevin Cohen , Janet Poppendieck , Craig Willingham |
Ten Years of Food Policy Governance in New York City: Lessons for the next Decade |
45 Fordham Urban Law Journal 951 (May, 2018) |
Introduction. 952 I. Food Policy Governance Standards. 955 II. Food Policy in New York City Since 2008. 959 A. Food Standards and Food Policy Coordinator. 969 B. Food Retail Expansion to Support Health (FRESH). 972 C. Changes in SNAP Enrollment and Outreach. 975 D. Universal Free Lunch. 976 E. Portion Cap Limitation. 977 III. An Assessment of... |
2018 |
| Riley Leonard |
Thailand's Gender Equality Act: a Solution for the United States' Transgender Bathroom Debate |
35 Wisconsin International Law Journal 670 (Summer, 2018) |
Thailand officially recognizes and protects the equal rights of transgender people, a hotly debated issue in the United States that has no resolution in sight. This paper proposes Thailand's Gender Equality Act (GEA) as one possible resolution to the debate in the United States over transgender bathroom use. The GEA prohibits state, private, and... |
2018 |
| Martin Guggenheim |
The (Not So) New Law of the Child |
127 Yale Law Journal Forum 942 (4/30/2018) |
Children's rights are considerably more complicated than most nonexperts appreciate. In one highly touted 2017 children's rights victory, for example, New York eliminated the right of minors between fourteen and eighteen to marry, a right they had enjoyed since 1929. I hope it sounds slightly askew to celebrate a new right that restricts a person's... |
2018 |
| Patrick Thronson |
The Alarming Increase in Maternal Mortality in the United States and its Disproportionate Impact on People of Color and People Living in Poverty |
2018-FALL Trial Reporter (Maryland) 8 (Fall, 2018) |
The United States is experiencing an alarming increase in maternal mortality, which disproportionately affects members of racial minority groups and people living in poverty. Greater knowledge of this phenomenon can help practitioners to contextualize their clients' experiences and empower juries to reach verdicts that motivate crucial improvements... |
2018 |
| Tamar Todd |
The Benefits of Marijuana Legalization and Regulation |
23 Berkeley Journal of Criminal Law 99 (Spring, 2018) |
There is increasing support for marijuana law reform than ever before, and the legalization of marijuana has many serious public policy implications. This paper highlights the problems with criminalizing marijuana use and its disparate impact on people of color. The criminalization of marijuana has also failed to meet its goals and has negative... |
2018 |
| Lucy A. Jewel |
The Biology of Inequality |
95 Denver Law Review 609 (Spring, 2018) |
We have known for quite some time that disadvantaged individuals suffer from poorer health outcomes and lower life spans than the advantaged. The disadvantaged do not perform as well on educational tests than their wealthier peers. In some situations, racial discrimination intersects with poverty to worsen these outcomes for minorities. With the... |
2018 |
| Elizabeth Y. McCuskey |
The Body Politic: Federalism as Feminism in Health Reform |
11 Saint Louis University Journal of Health Law & Policy 303 (2018) |
This essay illuminates how modern health law has been mainstreaming feminism under the auspices of health equity and social determinants research. Feminism shares with public health and health policy both the empirical impulse to identify inequality and the normative value of pursing equity in treatment. Using the Affordable Care Act's federal... |
2018 |
| Lindsey Dillon |
The Breathers of Bayview Hill: Redevelopment and Environmental Justice in Southeast San Francisco |
24 Hastings Environmental Law Journal 227 (Summer, 2018) |
The bus idled on a hilly residential street overlooking the Hunters Point Naval Shipyard--an irregularly shaped expanse of largely man-made land, extending into the San Francisco Bay from the southeastern edge of the city. It was a clear day in February 2015. Staff members from the city of San Francisco's environmental, health, and public works... |
2018 |
| Michael S. Talbot |
The Challenge of Trokosi: Ritual Servitude and the Framework of International Human Rights Law |
31 Harvard Human Rights Journal 1 (Spring, 2018) |
Non-western traditional practices often fail to fit precisely within the framing categories of contemporary international human rights law. Consequently, an appropriate analysis of these practices necessitates the application of multiple lenses and attentiveness to their overlapping and integrated nature. The practice of trokosi, a form of ritual... |
2018 |
| Shameka Stanford , Bahiyyah Muhammad |
The Confluence of Language and Learning Disorders and the School-to-prison Pipeline among Minority Students of Color: a Critical Race Theory |
26 American University Journal of Gender, Social Policy and the Law 691 (2018) |
Introduction. 691 I. Decreased Access to Services for Minority Students with Language and Learning Disorders. 695 II. Zero Tolerance Policy in Schools. 699 III. Symbolic Racism: Harsh Disciplinary Laws in Low-Ses Title I Schools. 703 IV. The School-To-Prison Pipeline: Punishment Policy in Schools. 711 V. The Correlation Between Special Education... |
2018 |
| Benjamin Levin |
The Consensus Myth in Criminal Justice Reform |
117 Michigan Law Review 259 (November, 2018) |
It has become popular to identify a consensus on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct... |
2018 |
| Michael T. Morley |
The Disparate Impact Canon |
166 University of Pennsylvania Law Review Online 249 (2018) |
In early January, the U.S. Supreme Court heard oral argument in Husted v. A. Philip Randolph Institute. The case presented a question of pure statutory interpretation: whether Ohio's procedure for updating its voter registration rolls violates § 8(b)(2) of the National Voter Registration Act (NVRA). At oral argument, Justice Sonia Sotomayor raised... |
2018 |
| Ellen A. Donnelly, John M. MacDonald |
The Downstream Effects of Bail and Pretrial Detention on Racial Disparities in Incarceration |
108 Journal of Criminal Law and Criminology 775 (Fall, 2018) |
Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then... |
2018 |
| Clare Huntington |
The Empirical Turn in Family Law |
118 Columbia Law Review 227 (January, 2018) |
Historically, the legal system justified family law's rules and policies through morality, common sense, and prevailing cultural norms. In a sharp departure, and consistent with a broader trend across the legal system, empirical evidence increasingly dominates the regulation of families. There is much to celebrate in this empirical turn. Properly... |
2018 |
| Osagie K. Obasogie, Zachary Newman |
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through an Empirical Assessment of Graham V. Connor |
112 Northwestern University Law Review 1465 (2018) |
Abstract--Graham v. Connor established the modern constitutional landscape for police excessive force claims. The Supreme Court not only refined an objective reasonableness test to describe the constitutional standard, but also held that the Fourth Amendment is the sole avenue for courts to adjudicate claims that police violated a person's... |
2018 |
| Andrew F. Moore |
The Immigrant Paradox: Protecting Immigrants Through Better Mental Health Care |
81 Albany Law Review 77 (2017-2018) |
In recent years, disturbing stories of mentally ill people facing deportation have found their way into mainstream media, and have brought to light problems they face in our immigration system. In detention, without medication, support or professional help, these individuals reveal just how helpless someone can become. The stories tell of being... |
2018 |
| Ruqaiijah Yearby |
The Impact of Structural Racism in Employment and Wages on Minority Women's Health |
43 Human Rights 21 (2018) |
In 2010, at the end of the great recession that disproportionately harmed racial minorities and women, the federal government recognized that health disparities are caused by the social determinants of health (SDOH) (Figure 1), which are outside an individual's control. (Sec'y's Advisory Comm, on Nat'l Health Promotion & Disease Prevention... |
2018 |
| Jedediah Purdy |
The Long Environmental Justice Movement |
44 Ecology Law Quarterly 809 (2018) |
The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy... |
2018 |
| Jennifer A. Brobst |
The Metal Eye: Ethical Regulation of the State's Use of Surveillance Technology and Artificial Intelligence to Observe Humans in Confinement |
55 California Western Law Review 1 (Fall, 2018) |
C1-2Table of Contents Introduction. 3 I. Legal Recognition of the Basic Human Need for Autonomy in Navigating Privacy and Social Contact. 13 A. The Ability to Respond to Intrusions on Privacy. 15 B. Natural Law and the Fight Against State Tyranny. 20 C. Common Law Doctrines Protecting Autonomy: Police Power and Parens Patriae. 28 II. State and... |
2018 |
| Dorothy E. Roberts |
The Most Shocking and Inhuman Inequality: Thinking Structurally about Poverty, Racism, and Health Inequities |
49 University of Memphis Law Review 167 (Fall, 2018) |
I. Introduction. 167 II. Social Inequality and the Structure of Health Disparities. 170 III. How Poverty and Racism Intersect to Produce Health Injustice. 175 IV. Health Disparities and Biological v. Structural Explanations of Inequality. 178 V. Conclusion. 181 |
2018 |