Christopher Burton 3/5THS TO 1/10TH, HOW TO MAKE BLACK AMERICA WHOLE: EXPLORING CONGRESSIONAL ACT H.R.40--COMMISSION TO STUDY AND DEVELOP REPARATION PROPOSALS FOR AFRICAN-AMERICANS ACT 54 UIC John Marshall Law Review 530 (Summer, 2021) I. Introduction. 530 II. Background. 535 A. What Is H.R. 40?. 535 B. Historic Economic Disparities Among Black and White Americans. 537 1. The New Deal and Jim Crow. 538 2. The Racist Execution of the G.I. Bill. 541 C. History of Past Proposed Reparation Acts in the United States.. 544 1. Reparations to Japanese Americans Interned During World War... 2021 Most Relevant
Maya K. Watson A CIVIL RIGHTS ACT FOR PUBLIC HEALTH 98 University of Detroit Mercy Law Review 299 (Spring, 2021) We have heard of the disproportionate effect that COVID-19 has had on Black and Brown populations in the U.S. The government-created social and structural conditions that led to these disparities are discussed less often. For more than a century before COVID-19 entered the global lexicon, Black and Brown communities in the United States have fared... 2021 Most Relevant
Phillip Atiba Goff , Kim Shayo Buchanan A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE 76 New York University Annual Survey of American Law 375 (2021) Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... 2021 Most Relevant
Brittany L. Raposa ADDING A LAYER OF INJUSTICE: AMPLIFIED RACIAL DISPARITIES IN REPRODUCTIVE HEALTH CARE IN THE WAKE OF COVID-19 98 University of Detroit Mercy Law Review 351 (Spring, 2021) Imagine a woman with pre-existing health conditions getting pregnant in the middle of 2020. The woman lives in a large rural area, and her obstetrician is approximately 40 miles away. Due to the pandemic, the woman is laid off from work, and she and her partner are on a tight financial budget, as they already always struggled financially. She feels... 2021 Most Relevant
Matt Allinder ADDRESSING RACIAL DISPARITIES IN THE DISTRIBUTION OF THE COVID-19 VACCINE 30 Annals of Health Law Advance Directive 101 (Spring, 2021) It is well documented that systemic health and social inequalities have put many individuals belonging to racial and ethnic minority groups at increased risk of being exposed to and dying from COVID-19. Social determinants of health are conditions in the environments in which people are born, live, learn, work, play, worship, and age that affect a... 2021 Most Relevant
Robert F. Weber AGAINST DISCOURSE: WHY ELIMINATING RACIAL DISPARITIES REQUIRES RADICAL POLITICS, NOT MORE DISCUSSION 37 Georgia State University Law Review 1177 (Summer, 2021) Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today--in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its... 2021 Most Relevant
Govind Persad ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC 2021 University of Illinois Law Review 1085 (2021) America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... 2021 Most Relevant
Robyn M. Powell, PhD, JD APPLYING THE HEALTH JUSTICE FRAMEWORK TO ADDRESS HEALTH AND HEALTH CARE INEQUITIES EXPERIENCED BY PEOPLE WITH DISABILITIES DURING AND AFTER COVID-19 96 Washington Law Review 93 (March, 2021) The COVID-19 pandemic has been especially devastating for people with disabilities, as well as other socially marginalized communities. Indeed, an emerging body of scholarship has revealed that people with disabilities are experiencing striking disparities. In particular, scholars have shined a light on state and hospital triage policies... 2021 Most Relevant
Lindsay deJesus Cress AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS 60 University of Louisville Law Review 203 (Fall, 2021) I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... 2021 Most Relevant
Kenya Glover CAN YOU HEAR ME?: HOW IMPLICIT BIAS CREATES A DISPARATE IMPACT IN MATERNAL HEALTHCARE FOR BLACK WOMEN 43 Campbell Law Review 243 (2021) Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians' implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by... 2021 Most Relevant
Dawn M. Hunter , Betsy Lawton CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE 14 Saint Louis University Journal of Health Law & Policy 251 (2021) COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... 2021 Most Relevant
George Rice COVID-19 & FOOD INSECURITY: HOW THE COVID-19 PANDEMIC HAS EXACERBATED FOOD INSECURITY AND WILL DISPROPORTIONALLY AFFECT LOW INCOME AND MINORITY GROUPS 21 University of Maryland Law Journal of Race, Religion, Gender and Class 160 (Spring, 2021) The COVID-19 pandemic has highlighted several health disparities that exist between primarily White, affluent populations and low-income and minority communities. While diet-related health disparities have come to the forefront during the pandemic, they have existed for generations, and can be attributed, in part, to systemic inequality in food... 2021 Most Relevant
Audrey Mallinak CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS 30 Annals of Health Law Advance Directive 179 (Spring, 2021) Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... 2021 Most Relevant
Justin Desautels-Stein, Akbar Rasulov DEEP CUTS: FOUR CRITIQUES OF LEGAL IDEOLOGY 31 Yale Journal of Law & the Humanities 435 (Winter, 2021) This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics,... 2021 Most Relevant
George M. Powers , Lex Frieden , Vinh Nguyen DISABILITY, ACCESS, AND OTHER CONSIDERATIONS: A TITLE II FRAMEWORK FOR A PANDEMIC CRISIS RESPONSE (COVID-19) 14 Saint Louis University Journal of Health Law & Policy 345 (2021) This Article examines how plans for emergency medical rationing during the COVID-19 pandemic may discriminate against those with disabilities. More specifically, this Article lays out the obligation of state and local governments under Title II of the ADA in creating and enforcing equitable and fair rationing plans during this COVID-19 crisis. For... 2021 Most Relevant
Melissa Ballengee Alexander DISTRIBUTIVE JUSTICE AND RACIAL HEALTH EQUITY: WHAT COVID-19 TEACHES ABOUT MEDICARE'S BLANKET PRIORITY FOR AMERICANS OF ADVANCED AGE 51 University of Memphis Law Review 823 (Summer, 2021) I. Introduction. 824 II. The United States Rations Health Care Based on Ability to Pay While Providing Special Assistance to Individuals of Advanced Age. 828 A. A Third of Americans Lack Access to Needed, Beneficial Care Because They Cannot Afford to Pay. 828 B. The Government Funds Care for Individuals of Advanced Age Regardless of Wealth, While... 2021 Most Relevant
Theresa Glennon EMPATHY'S PROMISE AND LIMITS FOR THOSE DISPROPORTIONATELY HARMED BY THE COVID-19 PANDEMIC 27 Washington and Lee Journal of Civil Rights and Social Justice 441 (Spring, 2021) C1-2Table of Contents I. Introduction. 442 II. The Exacerbation of COVID-19 Illness and Death, Financial Hardship and Toxic Stress. 448 A. COVID-19's Severe and Disparate Health Impacts. 449 B. COVID-19's Disparate Economic Impact. 454 C. COVID-19's Intensification of Trauma. 458 III. Empathy's Promise and Limitations. 461 A. Understanding Empathy:... 2021 Most Relevant
Valarie K. Blake HEALTH CARE CIVIL RIGHTS UNDER MEDICARE FOR ALL 72 Hastings Law Journal 773 (March, 2021) The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a universal right to access to health care, Medicare for All may inadvertently dampen civil rights protections that are... 2021 Most Relevant
Myrisha S. Lewis IS GERMLINE GENE EDITING EXCEPTIONAL? 51 Seton Hall Law Review 735 (2021) Advances in gene editing have recently received significant scientific and media attention. Gene editing, especially CRISPR-Cas9, has revived multiple longstanding ethical debates, including debates related to parental autonomy, health disparities, disability perspectives, and racial and economic inequalities. Germline, or heritable, gene editing... 2021 Most Relevant
  KEYNOTE ADDRESS: MARIA MELENDEZ 31 Albany Law Journal of Science and Technology 149 (2021) Welcome everybody. On March 25, 1966, in Chicago, at a press conference, Dr. Martin Luther King said: Of all forms of inequality, injustice in health is the most shocking and most inhuman. What we are seeing today with COVID shines a light on health disparities and poor health outcomes experienced by Black, Indigenous, and other people of color.... 2021 Most Relevant
Amanda Harris , Brittíni “Ree Belle” Gray , Ciearra Walker , Melinique Walls Castellanos LESSONS LEARNED FROM COMMUNITY-DRIVEN RESPONSIVENESS DURING COVID-19 14 Saint Louis University Journal of Health Law & Policy 429 (2021) People of color are suffering and dying from COVID-19 at greater rates than the general population. Additionally, population-level health interventions can worsen health disparities by failing to reach already underserved populations. In response, PrepareSTL, a collaborative, community-led campaign, aims to reach communities of color in St. Louis... 2021 Most Relevant
Jessica Mantel LEVERAGING COMMUNITY-BASED INTEGRATED HEALTH TEAMS TO MEET THE NEEDS OF VULNERABLE POPULATIONS IN TIMES OF CRISIS 30 Annals of Health Law and Life Sciences 133 (Summer, 2021) No one is immune to the COVID-19 virus. COVID-19, however, is not an equal opportunity disease. Disadvantaged socioeconomic groups have disproportionately felt its effects, experiencing higher rates of infection, hospitalization, and death. These disparities, in large part, stem from existing inequities in access to health care, income, employment,... 2021 Most Relevant
Daniel Finnegan LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCES NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS 15 Brooklyn Journal of Corporate, Financial & Commercial Law 467 (Spring, 2021) Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing... 2021 Most Relevant
James S. Liebman , Kayla C. Butler , Ian Buksunski MINE THE GAP: USING RACIAL DISPARITIES TO EXPOSE AND ERADICATE RACISM 30 Southern California Review of Law & Social Justice 1 (Winter, 2021) For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial... 2021 Most Relevant
Delaney Perl MITIGATING DISPARITIES IN ACCESS TO HEALTHCARE AMONG NATIVE AMERICAN COMMUNITIES THROUGH TELEHEALTH 30 Annals of Health Law Advance Directive 247 (Spring, 2021) Marginalized communities have long suffered from various health disparities including access to healthcare. Native Americans in particular suffer from a wide range of socioeconomic, physical, and mental health disparities. More than twenty-five percent of Native Americans are living in poverty, and in some reservations, the rate of unemployment is... 2021 Most Relevant
Christian Powell Sundquist PANDEMIC SURVEILLANCE DISCRIMINATION 51 Seton Hall Law Review 1535 (2021) I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 2021 Most Relevant
Angela C. Carmella PANDEMIC, PROTEST, AND COMMEMORATION: SACRED CIVIC EXPRESSION IN TIMES OF NATIONAL GRIEF 22 Rutgers Journal of Law & Religion 20 (2021) At the service of remembrance on the eve of his inauguration, President Biden said, To heal, we must remember. Our public mourning in times like these, filled with staggering numbers of pandemic deaths and shocking numbers of racial killings, indeed involves remembering the many lives lost. We are in the midst of the cultural task of... 2021 Most Relevant
Katie Raitz PUBLIC HEALTH AND RACIAL INEQUALITY: WHY THE OPPORTUNITY ZONE PROGRAM FAILS LOW-INCOME COMMUNITIES AND COSTS LIVES 12 UC Irvine Law Review 315 (November, 2021) The rich man's dog gets more in the way of vaccination, medicine and medical care than do the workers upon whom the rich man's wealth is built. Poor health outcomes are linked to long-standing wealth disparities for people of color in the United States. Wealth inequality has gotten worse over the past decades, despite attempts to improve it. The... 2021 Most Relevant
Craig Konnoth RACE AND MEDICAL DOUBLE-BINDS 121 Columbia Law Review Forum 135 (10/8/2021) Race and medicine scholarship is beset by a conundrum. On one hand, some racial justice scholars and advocates frame the harms that racial minorities experience through a medical lens. Poverty and homelessness are social determinants of health that medical frameworks should account for. Racism itself is a public health threat. On the other hand,... 2021 Most Relevant
Aziza Ahmed , Jason Jackson RACE, RISK, AND PERSONAL RESPONSIBILITY IN THE RESPONSE TO COVID-19 121 Columbia Law Review Forum 47 (4/1/2021) The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportionate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and... 2021 Most Relevant
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