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Full-Text Articles in Law

Advancing Transgender Civil Rights And Equality In New York: The Need For Genda, New York Civil Liberties Union, Lincoln Square Legal Services, Inc. Jan 2012

Advancing Transgender Civil Rights And Equality In New York: The Need For Genda, New York Civil Liberties Union, Lincoln Square Legal Services, Inc.

Policy and Legislative Advocacy Clinic

Currently, no statewide law in New York explicitly prohibits discrimination against people whose appearance or identity does not conform to gender stereotypes. This means that people who are fired from their jobs, denied housing and services, and mistreated in the workplace, in stores and in restaurants merely because of their appearance or gender identity do not have clear legal protection. The Gender Expression Non-Discrimination Act (GENDA) would fix this problem by adding gender identity and gender expression to the categories currently included in New York State’s antidiscrimination laws, such as sex, sexual orientation, race, religion and disability. This report explains …


Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile Jan 2012

Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile

Faculty Scholarship

One of medicine’s open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician’s racial identity, and hospitals typically yield to patients’ racial preferences. This widely practiced, if rarely acknowledged, phenomenon — about which there is new empirical evidence — poses a fundamental dilemma for law, medicine, and ethics. It also raises difficult questions about how we should think about race, health, and individual autonomy in this context. Informed consent rules and common law battery dictate that a competent patient has an almost-unqualified right to refuse medical care, including treatment provided by an unwanted physician. …