Faculty Bibliography
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History and experience teach us that our Constitution and laws can be instruments of racial discrimination and oppression as well as tools for advancing freedom and equality. The substance of our laws matters, and there is much to be learned from innovative policies and legal strategies around the country. In addition to laws promoting health equity and racial justice at the state, tribal, and local levels, a new federal Executive Order has the potential to drive major positive change if fully and properly implemented. Just as important, however, is linking legal advocacy with dynamic social movements, shrewd communication strategies, and courageous civic leadership that insists on transformative change. In this article, I briefly recount the turbulent relationship between law and equity in our nation; discuss the elements that can lead to major progress through law; and recommend specific steps that different actors can take to move an equity and opportunity agenda forward.
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THE REPORT Years ago, I sold a script to Fox Animation that included a character wrongly accused of a traffic violation (believe me, it was more entertaining than it sounds). Turning a critical eye to stereotypical storylines and character types that are harmful (and, by the way, lazy writing) should be a standard practice for an industry that has so loudly declared its support for Black lives - yet so often denigrates them in its storytelling. But for an industry with a long history of promoting harmful racial stereotypes; advancing a narrative of Black and brown people as dangerous threats; and endorsing the idea that police violence, and even torture, are normal and acceptable, change is long overdue.
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This article argues that the New York State Constitution creates a legal right to equal access to quality health care for all New Yorkers, drawing on both the historical context and the legislative history of the State Constitution to support this interpretation. Next, the article outlines the dimensions of the right to health care required under the text and history of the State Constitution, as informed by parallel provisions of international and federal law, as well as social science research. The article then provides an overview of additional laws that guarantee equal access to quality health care, focusing on racial, linguistic, socioeconomic, and geographic equity. The article concludes that New York State has failed to live up to its obligations to protect and promote New Yorkers’ health and suggests a series of remedies that can help ensure that the State fulfills its obligations.