Law

Over 84,000 black and brown lives are needlessly lost each year due to health disparities, the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care system--and in Just Medicine, Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients.

Throughout its history, America's policies have alternatively embraced human rights, regarded them with ambivalence, or rejected them out of hand. The essays in Bringing Human Rights Home: A History of Human Rights in the United States put these shifting political winds into a larger historical perspective, from the country's very beginnings to the present day.

My Own Words "showcases Ruth Ginsburg's astonishing intellectual range" (The New Republic). In this collection Justice Ginsburg discusses gender equality, the workings of the Supreme Court, being Jewish, law and lawyers in opera, and the value of looking beyond US shores when interpreting the US Constitution. Throughout her life Justice Ginsburg has been (and continues to be) a prolific writer and public speaker. This book's sampling is selected by Justice Ginsburg and her authorized biographers Mary Hartnett and Wendy W.

The tension between public health and individual rights raises key questions in the face of public health crises such as tuberculosis (TB) and Ebola: What are the circumstances that warrant the obligatory detention of individuals with an infectious disease as a measure of protecting the general public? What are the implications for the protection of privacy while managing and controlling the spread of diseases such as HIV?

This special section of Health and Human Rights Journal focuses much-needed attention on tuberculosis (TB) and human rights—particularly the right to health.

This special issue of the Health and Human Rights Journal constitutes another step on the path toward making the case for human rights-based approaches (HRBAs) to health. In 2003, the United Nations (UN) outlined the pillars of an HRBA to development, which include universality and inalienability, indivisibility, interdependence and interrelatedness, non-discrimination and equality, participation and inclusion, and accountability and the rule of law.

What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?

Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories.

The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class. Using the tools of critical literary and legal theory, she sets out her views of contemporary popular culture and current events, from Howard Beach to homelessness, from Tawana Brawley to the law school classroom, from civil rights to Oprah Winfrey, from Bernhard Goetz to Marth Beth Whitehead. She also traces the workings of “ordinary racism”—everyday occurrences, casual, unintended, banal perhaps, but mortifying.

In popular, scholarly, and legal discourse, psychological trauma is an experience that belongs to victims. While we expect victims of crimes to suffer trauma, we never ask whether perpetrators likewise experience those same crimes as trauma. Indeed, if we consider trauma in the perpetration of a crime at all, it is usually to inquire whether a terrible experience earlier in life drove a person toward wrongdoing. We are loath to acknowledge that the commission of the crime itself may cause some perpetrators to experience their own psychological injury and scarring.