Vernellia R. Randall Racist Health Care: Reforming an Unjust Health Care System to Meet the Needs of African-Americans (Online Link) 3 Health Matrix: Journal of Law-Medicine 127 (Spring, 1993) Racist and racism are provocative words in American society. To some, these words have reached the level of curse words in their offensiveness. Yet, racist and racism are descriptive words of a reality that cannot be denied. Ethnic-Americans live daily with the effects of both institutional and individual racism. Race issues are so... 1993
Ralph Richard Banks , Richard Thompson Ford (How) Does Unconscious Bias Matter?: Law, Politics, and Racial Inequality 58 Emory Law Journal 1053 (2009) During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people... 2009
Louis Sullivan, M.D. A Conversation with Dr. Louis Sullivan: 26 Nova Law Review 467 (Winter, 2002) What I thought I would talk about today for this midday session is the challenge, as well the promise, of addressing health disparities in the United States. By health disparities, I mean a number of things. First of all, we have as we look at various segments of our population, differences in life expectancy, differences in incidence of diseases,... 2002
Michele Gilman A Court for the One Percent: How the Supreme Court Contributes to Economic Inequality 2014 Utah Law Review 389 (Summer 2014) This Article explores the United States Supreme Court's role in furthering economic inequality. The Occupy Wall Street movement in 2011 not only highlighted growing income and wealth inequality in the United States, but also pointed the blame at governmental policies that favor business interests and the wealthy due to their outsized influence on... 2014
Carol Castleberry A Human Right to Health: Is There One And, If So, What Does it Mean? 10 Intercultural Human Rights Law Review 189 (2015) It is my aspiration that health finally will be seen not as a blessing to be wished for, but as a human right to be fought for. --United Nations Secretary-General Kofi Annan The human right to health, maybe more than any other right, uncovers disparities in respect for the human dignity of persons, based on race or ethnicity, socioeconomic status,... 2015
Dayna Bowen Matthew A New Strategy to Combat Racial Inequality in American Health Care Delivery 9 DePaul Journal of Health Care Law 793 (2005) Of all the forms of inequality, injustice in healthcare is the most shocking and inhumane. - Martin Luther King, Jr. The statistical and anecdotal evidence of racial inequality in American healthcare is undisputable. Since 2003 when the Institute of Medicine report entitled Unequal Treatment widely circulated a compelling body of research and... 2005
Iyanrick John , Kathy Ko Chin A Review of Policies and Strategies to Improve Access to Health Care for Limited English Proficient Individuals in the Asian American, Native Hawaiian, and Pacific Islander Community 16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... 2016
Sumaya Noush A Storied past Demands Greater Access to Health Care Now and into the Future 24 Annals of Health Law Advance Directive 53 (Fall, 2014) The future health of the United States will largely be determined by how effectively the federal government eliminates health disparities that disproportionately burden vulnerable populations, including the American Indians and Alaska Natives (AI/AN). There has been a longstanding campaign to educate many new generations to see this population's... 2014
Larry J. Pittman A Thirteenth Amendment Challenge to Both Racial Disparities in Medical Treatments and Improper Physicians' Informed Consent Disclosures 48 Saint Louis University Law Journal 131 (Fall 2003) On September 11, 2001, supporters of Osama Bin Laden and his terrorist organization hijacked four domestic airplanes, flying two of them into the World Trade Center Towers in New York City, one of them into the Pentagon, and crashing the last one in rural Pennsylvania while likely en route to the White House, thereby killing approximately three... 2003
Lisa C. Ikemoto Abortion, Contraception and the Aca: the Realignment of Women's Health 55 Howard Law Journal 731 (Spring 2012) INTRODUCTION. 732 I. WOMEN'S HEALTH. 734 A. The Women's Health Movement. 735 B. Autonomy and Equality. 737 C. Shifts in Women's Health . 738 1. Women's Health as Reproductive Health. 738 2. Reproductive Health: Rights Versus Social Control. 739 II. Health Disparities and Women's Health. 740 A. The Abortion Wars. 740 B. Health Disparities. 742... 2012
Louise G. Trubek , Maya Das Achieving Equality: Healthcare Governance in Transition 29 American Journal of Law & Medicine 395 (2003) Healthcare is not immune to the deeply rooted inequalities in American society. To this day, racial and ethnic differences exist in the quality and outcomes of healthcare that cannot be attributed to socioeconomic or other healthcare access factors. Lawyers committed to social justice have long dedicated energy and attention to these continued... 2003
Louise G. Trubek , Maya Das Achieving Equality: Healthcare Governance in Transition 7 DePaul Journal of Health Care Law 245 (Spring 2004) Healthcare is not immune to the deeply rooted inequalities in American society. To this day, racial and ethnic differences exist in the quality and outcomes of healthcare that cannot be attributed to socioeconomic or other healthcare access factors. Lawyers committed to social justice have long dedicated energy and attention to these continued... 2004
Debra Chopp Addressing Cultural Bias in the Legal Profession 41 New York University Review of Law and Social Change 367 (2017) Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural... 2017
C. Godfrey Jacobs , Darci L. Graves, MPP, MA, MA, Jennifer Kenyon, Guadalupe Pacheco, MSW Advancing Culturally and Linguistically Appropriate Services at All Phases of a Disaster 19 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2012) Introduction. 3 Culturally and Linguistically Appropriate Services (CLAS). 4 Relationship between CLAS and Disparities. 6 Disparities & Disasters. 8 Increasing Diversity. 10 Disaster Related Disparities. 14 Conclusion. 16 Racial and ethnic minorities are disproportionately impacted by disaster due to a variety of factors, including: level of... 2012
Elizabeth Tobin Tyler Allies Not Adversaries: Teaching Collaboration to the next Generation of Doctors and Lawyers to Address Social Inequality 11 Journal of Health Care Law and Policy 249 (2008) Medicolegal education in law and medical schools can give students a chance to discover that the other group did not come congenitally equipped with either horns or pointed tails. Stories of the antagonism between doctors and lawyers are deeply embedded in American culture. A 2005 New Yorker cartoon jokes, Hippocrates off the record: First,... 2008
Margaret P. Moss American Indian Health Disparities: by the Sufferance of Congress? 32 Hamline Journal of Public Law and Policy 59 (Fall 2010) The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance. A seminal question for consideration in American Indian health is: To what extent has the unique political history of American Indians played a part in their health status as... 2010
Lindsay F. Wiley Applying the Health Justice Framework to Diabetes as a Community-managed Social Phenomenon 16 Houston Journal of Health Law & Policy 191 (2016) L1-2Table of Contents Introduction. 193 I. Diabetes: An Impending Crisis for the Health System. 198 A. Diabetes is Chronic and Progressive. 198 B. Diabetes is Self-Managed. 200 C. The Complications of Diabetes are Insidious and Devastating. 203 D. Social Disparities with Respect to Diabetes are Pervasive. 204 II. The Legal and Policy Landscape. 207... 2016
Nanette R. Elster, JD, MPH Art for the Masses? Racial and Ethnic Inequality in Assisted Reproductive Technologies 9 DePaul Journal of Health Care Law 719 (2005) According to the National Center for Health Statistics about ten percent (10%) of the population of childbearing age suffer from infertility, which is defined as the inability to conceive after one year of unprotected intercourse. Overall, the prevalence of infertility in married couples is 7.1%; in Black married couples, 10.5%; and in Hispanic... 2005
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
Jennifer Jones Bakke at 40: Remedying Black Health Disparities Through Affirmative Action in Medical School Admissions 66 UCLA Law Review 522 (March, 2019) Forty years after the landmark Supreme Court decision in U.C. Regents v. Bakke, medical schools remain predominantly white institutions. In Bakke, Justice Powell infamously rejected the concept of societal discrimination, which was offered as a justification for the U.C. Davis medical school's race-conscious admissions program, as an amorphous... 2019
Barak D. Richman Behavioral Economics and Health Policy: Understanding Medicaid's Failure 90 Cornell Law Review 705 (March, 2005) This Article employs a behavioral economic analysis to understand why Medicaid has failed to improve the health outcomes of its beneficiaries. It begins with a formal economic model of health care consumption and then systematically incorporates a survey of psychosocial variables to formulate explanations for persistent health disparities. This... 2005
Emily Whelan Parento , Lawrence O. Gostin Better Health, but less Justice: Widening Health Disparities after National Federation of Independent Business V. Sebelius 27 Notre Dame Journal of Law, Ethics & Public Policy 481 (2013) On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (Affordable Care Act or ACA) into law. The ACA was widely applauded by health activists, as it meant that the United States would at last join the overwhelming majority of industrialized countries in providing its population with guaranteed access to affordable... 2013
William M. Wiecek , Judy L. Hamilton Beyond the Civil Rights Act of 1964: Confronting Structural Racism in the Workplace 74 Louisiana Law Review 1095 (Summer, 2014) Since 1967, sociologists have produced a compelling body of literature on structural racism that explains why severe racial disparities persist throughout American society in all social domains: employment, education, residential patterns, wealth accumulation, and so on. Structural racism perpetuates the effects of past, overt discrimination... 2014
Mary Crossley Black Health Matters: Disparities, Community Health, and Interest Convergence 22 Michigan Journal of Race and Law 53 (Fall, 2016) Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... 2016
Leslie T. Grover , Eric Horent Black in the South: Policy Implications of Racial Disparity for the Working Poor 17 Loyola Journal of Public Interest Law 145 (Fall, 2015) Introduction I. Black Workers and Inequality II. Methodology III. Findings IV. Policy Implications A. Education B. Health C. Mass Incarceration D. Low-Paying Jobs Conclusion 2015
Shana M. Scott, MPH Bridging the Title Vi Gap: How Can the Affordable Care Act Address Racial Inequity in Nursing Homes? 22 Annals of Health Law Advance Directive 74 (Spring, 2013) Evidence of racial and ethnic health disparities have been documented in the American healthcare system for decades. The Centers for Disease Control and Prevention (CDC) defined health disparities as preventable differences in the burden of disease, injury, violence, or opportunities to achieve optimal health that are experienced by socially... 2013
Danfeng Soto-Vigil Koon Cal. Gov't Code ยง 11135: a Challenge to Contemporary State-funded Discrimination 7 Stanford Journal of Civil Rights & Civil Liberties 239 (October, 2011) Racially disproportionate outcomes persist in our schools, hospitals, courts, and neighborhoods. While some of these disparities stem from historical inequalities, socio-economic differences, and individual behavior, considerable racial disparities persist, even after holding these factors constant. These disparities are particularly troubling... 2011
Daniel J. Losen Challenging Racial Disparities: the Promise and Pitfalls of the No Child Left Behind Act's Race-conscious Accountability 47 Howard Law Journal 243 (Winter 2004) Thurgood Marshall prophetically stated on the eve of the Brown victory, I don't want any of you to fool yourselves . . . the fight has just begun. He knew that the fight to end segregation and the fight for equality of opportunity required far more than a Supreme Court ruling. Indeed, little changed at first, but because advocates pressed on with... 2004
Aziz Z. Huq Children of the Prison Boom: Mass Incarceration and the Future of American Inequality. By Sarah Wakefield and Christopher Wildeman. New York: Oxford University Press, 2014. 231 Pp. $34.95 Cloth 49 Law and Society Review 282 (March, 2015) In his majority opinion in United States v. Windsor (2013), Justice Anthony Kennedy offered a novel argument for invalidating the federal refusal to recognize same-sex marriages. The Defense of Marriage Act, Kennedy explained, humiliates children raised by same-sex couples. Many regulatory schemes, whether civil or criminal, have spillover effects... 2015
Ana I. Balsa, Naomi Seiler, Thomas G. McGuire, M. Gregg Bloche Clinical Uncertainty and Healthcare Disparities 29 American Journal of Law & Medicine 203 (2003) The Institute of Medicine Report, Unequal Treatment: Confronting Racial and Ethnic Disparities, affirms in its first finding: Racial and ethnic disparities in healthcare exist and, because they are associated with worse outcomes in many cases, are unacceptable. The mechanisms that generate racial and ethnic disparities in medical care operate at... 2003
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