Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (4)
- Sociology (4)
- Family, Life Course, and Society (3)
- Medicine and Health Sciences (3)
- Public Affairs, Public Policy and Public Administration (3)
-
- Public Health (3)
- Arts and Humanities (2)
- Constitutional Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Law and Gender (2)
- Law and Race (2)
- Social Welfare (2)
- Social Welfare Law (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- American Studies (1)
- Communication (1)
- Health Communication (1)
- Health Policy (1)
- Health Services Administration (1)
- History (1)
- Law and Politics (1)
- Legal History (1)
- Other American Studies (1)
- Other Public Health (1)
- Politics and Social Change (1)
- Keyword
-
- Resilience (3)
- Health justice (2)
- Individualism (2)
- Social justice (2)
- State responsibility (2)
-
- Vulnerability theory (2)
- ACA (1)
- Abortion (1)
- Affordable Care Act (1)
- American society (1)
- Black Lives Matter (1)
- COVID-19 (1)
- Citizenship rights (1)
- Condemnation (1)
- Dependency (1)
- Destruction of monuments (1)
- Dignity-based claims (1)
- Equal protection (1)
- Equality (1)
- Family privacy (1)
- Federalism (1)
- Fiscal fragmentation (1)
- Forms of equality (1)
- Fundamental rights (1)
- Health and welfare law (1)
- Health reform (1)
- Human vulnerability (1)
- Individual autonomy (1)
- Inequity (1)
- International human rights discourse (1)
Articles 1 - 9 of 9
Full-Text Articles in Social Justice
Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson
Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson
Faculty Articles
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown
Faculty Articles
This Article connects the failed, inequitable U.S. coronavirus pandemic response to conceptual and structural constraints that have held back U.S health reform for decades and calls for reconstruction. For more than a half-century, a cramped “iron triangle” ethos has constrained health reform conceptually. Reforms aimed to balance individual interests in cost, quality, and access to health care, while marginalizing equity, solidarity, and public health. In the iron triangle era, reforms unquestioningly accommodated four legally and logistically entrenched fixtures — individualism, fiscal fragmentation, privatization, and federalism — that distort and diffuse any reach toward social justice. The profound racial disparities and …
Beyond Equality And Discrimination, Martha Albertson Fineman
Beyond Equality And Discrimination, Martha Albertson Fineman
Faculty Articles
The theme of this Article for the SMU Law Review Forum focuses us on the challenges faced by the “economically disadvantaged” in the past decade and in the future. This framing is rooted in a distinction between that conceptual status of equality and the actuality of discrimination and disadvantage. This is the lens through which contemporary legal culture tends to assess the nature and effect of existing laws and determines the necessary direction of reform. As such, this paradigm provides the governing logic for both criticism and justification of the status quo. It is rooted in an understanding of the …
Damnatio Memoriae And Black Lives Matter, Alex Zhang
Damnatio Memoriae And Black Lives Matter, Alex Zhang
Faculty Articles
Police brutality and killings of Black Americans have recently sparked nationwide protests. Among the many expressions of anger and indignation, one stands out as a unique feature of this wave of the social movement: public scrutiny of civic symbols. Protestors have defaced, torn down, and called for the removal of monuments that represent our country’s racist past, as well as structural racial injustice today. Protestors toppled a statue of George Washington in Portland and spray-painted on it the label “Genocidal Colonist,” while statues of Christopher Columbus were found beheaded in Boston, yanked from a pedestal in St. Paul, and tossed …
Against The "Safety Net", Matthew B. Lawrence
Against The "Safety Net", Matthew B. Lawrence
Faculty Articles
Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …
Vulnerability And Social Justice, Martha Albertson Fineman
Vulnerability And Social Justice, Martha Albertson Fineman
Faculty Articles
This Article briefly considers the origins of the term social justice and its evolution beside our understandings of human rights and liberalism, which are two other significant justice categories. After this reflection on the contemporary meaning of social justice, I suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term. Recognition of fundamental, universal, and perpetual human vulnerability reveals the fallacies inherent in the ideals of autonomy, independence, and individual responsibility that have supplanted an appreciation of the social. I suggest …
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Faculty Articles
The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson
Faculty Articles
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …
The Social Foundations Of Law, Martha Albertson Fineman
The Social Foundations Of Law, Martha Albertson Fineman
Faculty Articles
There are several important questions to ask both our politicians and ourselves as we seek to refine and further define an otherwise abstract commitment to substantive equality with which to replace our current formal version. As with many concepts of historic magnitude, some of the most significant questions to pose about equality have to do with how we should respond to evolutions in understanding and changes in aspiration for the term: ls a mere commitment to formal equality sufficient for a humane and modem state? How should the state respond to the fact that our society is increasingly one in …