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Preview: Hastings Race and Poverty Law Journal

Hastings Race and Poverty Law Journal



Volume 4, Number 1, Fall 2006



Published: Fri, 23 Feb 2007 10:15:48 EST

 



ARTICLES

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006



MEDICAL CIVIL RIGHTS: THE EXCLUSION OF PHYSICIANS OF COLOR FROM MANAGED CARE: BUSINESS OR BIAS?

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006 p.1
Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues for relief.



CIVIL CLAIMS FOR UNCIVILIZED ACTS: FILING SUIT AGAINST THE GOVERNMENT FOR AMERICAN INDIAN BOARDING SCHOOL ABUSES

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006 p.45
This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations of American Indians. She then examines American Indian boarding school survivors' potential legal claims against the United States government, including potential Tucker Act, Federal Tort Claims Act, and International law claims, and she discusses ways to overcome likely defenses to these claims. She also briefly describes how the Canadian government is handling similar claims. Professor Curcio concludes by arguing that these claims should be brought both to vindicate individual litigants and to raise public consciousness about the abuses committed by the United States government against generations of American Indian children.



CROSS-CULTURAL LAWYERING BY THE BOOK: THE LATEST CLINICAL TEXTS AND A SKETCH OF A FUTURE AGENDA

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006 p.131
Over the past decade, the literature on lawyering has paid increased attention to the impact of cultural differences on interactions between attorneys and clients. This essay assesses the latest generation of clinical textbooks on interviewing and counseling and how they seek to prepare student-lawyers for cross-cultural work. It highlights differences in these textbooks' definitions of culture, measures of cross-cultural success, descriptions of the dimensions along which cultures differ, the side(s) of the lawyer-client relationship on which they focus, and the behaviors they suggest. The essay argues these texts are at their best when they define culture both broadly and fluidly, when they encourage a generous curiosity about both clients' and lawyers' cultures, and when they effectively push lawyers to focus on their reactions to, and interactions with, others. The essay also urges the field to focus more specific attention on socioeconomic class and its cultural manifestations, on social cognition and sub-conscious social attitudes, and on the potentially destructive interplay of lawyers' professional socialization with prevailing stereotypes of low-income and working class people. It is imperative that clinical lawyering literature recognize and address these issues in order to decrease the level of exclusion and marginalization that many people of color, people from low-income and working-class backgrounds, and members of other subordinated groups experience in the legal system and profession.



THE COLOR OF SEXUAL HARASSMENT AND THE PUBLIC/PRIVATE DIVIDE

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006 p.181
This article argues that the conception of sexual harassment as simlpy a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests that minority women in the United States suffer from the current underinclusive conception of sexual harassment as well.



NOTE

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006



RACE AND THE JURY: RACIAL INFLUENCES ON JURY DECISION-MAKING IN DEATH PENALTY CASES

Fri, 23 Feb 2007 10:15:48 EST

Volume 4, Number 1, Fall 2006 p.219
This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.