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Full-Text Articles in Law
U.S. Law And Discrimination In Health Care, Kimani Paul-Emile
U.S. Law And Discrimination In Health Care, Kimani Paul-Emile
Faculty Scholarship
No abstract provided.
Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper
Menstrual Dignity And The Bar Exam, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper
Faculty Scholarship
This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …
Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile
Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile
Faculty Scholarship
More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …
Patient Racial Preferences And The Medical Culture Of Accommodation, Kimani Paul-Emile
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. …
On The Path To Inclusion, John D. Feerick
On The Path To Inclusion, John D. Feerick
Faculty Scholarship
It is an honor for me to be invited to address you at this Annual Luncheon. You have worked hard to bring opportunities to members of the minority community. You have made possible the realization of many aspirations while continuing the struggle toward equal opportunity for all people.* Thirty-nine years ago, Martin Luther King, Jr., spoke to the soul of the nation, sharing his vision of an America that would "one day...rise up and live out the true meaning of its creed-'We hold these truths to be self evident, that all [persons] are created equal." His idea and the opportunity …
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Faculty Scholarship
This article considers case law relating to state actors and the racist practices of labor unions.