Translating Rights into Access: Language Access and the Affordable Care Act

2012 ◽  
Vol 38 (2-3) ◽  
pp. 348-373 ◽  
Author(s):  
Joel Teitelbaum ◽  
Lara Cartwright-Smith ◽  
Sara Rosenbaum
Keyword(s):  
Informed Consent ◽  
Civil Rights ◽  
Healthcare Quality ◽  
The United States ◽  
Language Access ◽  
Consent To Treatment ◽  
Diverse Patient Population ◽  
History Of ◽  
Crucial Information ◽  
Nuremberg Trials

More than twenty-four million people in the United States are considered limited English proficient (LEP), and numerous studies have documented the consequences of communication barriers in healthcare. These consequences include: patients’ inability to become engaged and involved in their care; the absence of crucial information—including cultural information—essential to healthcare quality; risks to patient safety arising from the misunderstanding of physician instructions; and ethical and legal lapses stemming from the absence of informed consent. Addressing healthcare rights necessarily entails coming to grips with how to facilitate communication and the exchange of information between the healthcare system and an increasingly diverse patient population.The history of language access services in healthcare is grounded in two distinct bodies of law: the law of informed consent and civil rights law. Modern notions of informed consent law—which have their roots in the Nuremberg trials of the late 1940s—would recognize a cause of action in tort where a lack of adequate communication creates a barrier to an LEP patient's ability to consent to care. In modern healthcare law, the ability of patients to affirmatively give informed consent to treatment is considered a fundamental element of healthcare quality.

Introduction

Troublemakers ◽  
2019 ◽  
pp. 1-10
Author(s):  
Kathryn Schumaker
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
The United States ◽  
Board Of Education ◽  
Chicano Movement ◽  
Legal Principles ◽  
History Of ◽  
The 1960S ◽  
Relationship Of ◽  
The Relationship

The introductionexplains how and why student protest became common in the United States in the late 1960s and places these protests in the context of shifts in the history of education and in broader social movements, including the civil rights movement, the Chicano Movement, and black power activism. The introduction also situates students’ rights within the context of children’s rights more broadly, explaining the legal principles that justified age discrimination and excluded children and students from the basic protections of American constitutional law. The introduction identifies the two decades between the 1960s and 1980s as a constitutional moment that revolutionized the relationship of students to the state. It also connects students’ rights litigation to the issue of school desegregation and the legacy of Brown v. Board of Education.

Introduction

2018 ◽  
pp. 3-10
Author(s):  
Elaine Allen Lechtreck
Keyword(s):  
United States ◽  
African American ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
The United States ◽  
Social Gospel ◽  
Southern States ◽  
The Social ◽  
History Of ◽  
Martin Luther King

The introduction includes Bible verses cited by ministers to defend segregation and verses to oppose segregation. There are slices of the history of the United States, the Civil Rights Movement, and African American history. The southern states, where white ministers confronted segregation, are identified. The term “minister” is explained as well as the variety of labels given these ministers ranging from “Liberal,” Progressive,” “Neo-Orthodox,” “Evangelical Liberal,” “open conservative,” ‘Last Hurrah of the Social Gospel Movement” to “Trouble Maker,” “Traitor, “ “Atheist,” “Communist,” “N_____ Lover.” Rachel Henderlite, the only woman minister mentioned in the book, is identified. Synopses of the book’s seven chapters are included. Comments by historians David Chappell, Charles Reagan Wilson, Martin Luther King, Jr., Ernest Campbell, and Thomas Pettigrew are cited.

Fulfilling the Underlying Purpose of Informed Consent to Research

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Best Interests ◽  
Research Subjects ◽  
Bodily Integrity ◽  
Traditional Concept ◽  
Treatment Situation ◽  
Consent To Treatment ◽  
History Of ◽  
Participation In Research ◽  
Treatment Settings

To a great extent the underlying purposes of informed consent in research settings resemble those in the treatment situation. Informed consent promotes individuals’ autonomy by allowing subjects to make meaningful decisions about participation in research projects. Informed consent is also a means of reducing inequalities of knowledge and power in the researcher-subject relationship and thus increases the cooperation and compliance of subjects. Increased knowledge also enhances patients’ abilities to make decisions that will protect them from unwanted and undesirable intrusions on bodily integrity, perhaps of even greater importance here than in treatment settings, because of the sorry history of abuses inflicted on research subjects. As great as the similarities are between consent to treatment and consent to research, the differences are equally great. In treatment settings, as already noted, clinicians and patients are presumed to share the same goal: promoting patients’ health. They may disagree over the means, but a general coincidence of interests is ordinarily the rule. Charles Fried calls this confluence of interests the principle of personal care. “The traditional concept of the physician’s relation to his patient is one of unqualified fidelity to that patient’s health. He may certainly not do anything that would impair the patient’s health and he must do everything in his ability to further it”. The essence of this principle is that physicians will not allow any other considerations to impinge on their decisions as to what measures are in their patients’ best interests. Since the goal of scientific investigation is the production of generalizable knowledge, not primarily the promotion of individual health, the interests of subjects and researchers are not identical. Clinician-researchers who are providing treatment to subjects in their research studies may feel this clash of interests most acutely as steps taken to protect the generalizability of the data may conflict with the maximization of benefit to individual subjects (2). The need to take this conflict into account in the decisionmaking process is largely responsible for the differences between consent to research and consent to treatment.

The Unbearable Whiteness of Grand Strategy

2021 ◽  
pp. 329-345
Author(s):  
Adriane Lentz-Smith
Keyword(s):  
United States ◽  
Cold War ◽  
Civil Rights ◽  
The United States ◽  
Grand Strategy ◽  
National Interests ◽  
History Of ◽  
American Foreign Relations ◽  
The Third World ◽  
The Cold War

This chapter explores grand strategy as an intellectual and cultural project by considering its willful unseeing of race as a political project. To ignore race is to misapprehend how power works in the United States and how domestic formulations of subjectivity, difference, and racialized power imbue American foreign relations. The chapter focuses on African Americans in the era of Cold War civil rights. For Carl Rowan and Sam Greenlee, the two African American veterans who provide concrete cases for thinking about the United States and the world, their blackness and ambitions for their people would color how they interpreted America's role in political and military struggles in the Third World and beyond. As with other people of color, their encounters with white supremacy shaped their understandings of liberation, violence, and the United States security project. Their perspectives challenge scholars’ conceptions of the Cold War as a period of “defined clear national interests” and “public consensus.” Centering the stories of Rowan and Greenlee highlights not simply ongoing contestation over the myth and history of the Cold War, but, more fundamentally, the unthinking whiteness of grand strategy itself.

Rights, Dignity, and Public Accommodations

2020 ◽  
Vol 38 (3) ◽  
pp. 599-619
Author(s):  
Christopher W. Schmidt
Keyword(s):  
Civil Rights ◽  
Racial Discrimination ◽  
The United States ◽  
Legal Rights ◽  
Moral Issue ◽  
Civil Rights Era ◽  
National Debate ◽  
Starting Point ◽  
Public Rights ◽  
History Of

In this essay I consider why debates over applying anti-discrimination norms to public accommodations have long been, and remain today, such a resilient presence in the history of the United States. I use as my starting point the most famous iteration of this phenomenon, the national debate sparked by the 1960 sit-in movement and culminating in the passage of the Civil Rights Act of 1964, which banned racial discrimination in public accommodations across the nation. The battle over racial discrimination and public accommodations in the early 1960s illuminates the moral issue at the heart of the issue, the lines of argument that characterize the debate over how to define legal rights in this area, and the ways in which different legal institutions have resolved, or failed to resolve, the issue. I then move backward time, highlighting the continuities between this episode and the struggle over race and public accommodations during Reconstruction. The history of the civil rights era provides a useful framework to analyze the terms of debate from a century earlier, and it provides particular insights into the significance of the concept of public rights that Rebecca Scott has so effectively brought to our attention.

Terrorism and Hate Crime

Criminology ◽  
2017 ◽  
Author(s):  
Colleen E. Mills ◽  
Joshua Freilich ◽  
Steven Chermak
Keyword(s):  
Civil Rights ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Late 20Th Century ◽  
Modern Times ◽  
Hate Crime Legislation ◽  
History Of ◽  
Crime Legislation ◽  
Political Objective

This article focuses on political crimes, specifically terrorism and hate crime. Both terrorism and hate crime are criminal activities that are often committed to further a political objective, as opposed to typical or regular crimes that are usually committed for personal reasons such as greed, revenge, or other personal motivations. Political motivations encompass ideological, social, and religious objectives. Several works (e.g., Bruce Hoffman’s Inside Terrorism; see Hoffman 2006, cited under Defining Terrorism and Hate Crime) examine the evolution of terrorism from ancient to modern times. While bias-motivated violence and hate crimes are just as old as terrorism, the United States did not formally adopt hate crime legislation, through the passage of a variety of substantive penalty enhancement and data collection laws, until the late 20th century. Making Hate a Crime (Jenness and Grattet 2004, cited under Defining Terrorism and Hate Crime) explores the history of hate crime legislation, highlighting how various civil rights and victims’ rights movements played a role in the passage of hate crime legislation. In the classic text Hate Crimes Revisited, Jack Levin and Jack McDevitt outline the history of hate crimes, explain why some persons are motivated to commit these crimes, and discuss efforts to combat them (Levin and McDevitt 2002, cited under Defining Terrorism and Hate Crime).

The History of Personnel and Vocational Testing

2020 ◽  
Author(s):  
Michael J. Zickar
Keyword(s):  
Civil Rights ◽  
World War I ◽  
Civil Rights Movement ◽  
Reliability And Validity ◽  
The United States ◽  
Us Military ◽  
Technological Advances ◽  
The Us ◽  
History Of ◽  
Vocational Testing

Personnel and vocational testing has made a huge impact in public and private organizations by helping organizations choose the best employees for a particular job (personnel testing) and helping individuals choose occupations for which they are best suited (vocational testing). The history of personnel and vocational testing is one in which scientific advances were influenced by historical and technological developments. The first systematic efforts at personnel and vocational testing began during World War I when the US military needed techniques to sort through a large number of applicants in a short amount of time. Techniques of psychological testing had just begun to be developed at around the turn of the 20th century and those techniques were quickly applied to the US military effort. After the war, intelligence and personality tests were used by business organizations to help choose applicants most likely to succeed in their organizations. In addition, when the Great Depression occurred, vocational interest tests were used by government organizations to help the unemployed choose occupations that they might best succeed in. The development of personnel and vocational tests was greatly influenced by the developing techniques of psychometric theory as well as general statistical theory. From the 1930s onward, significant advances in reliability and validity theory provided a framework for test developers to be able to develop tests and validate them. In addition, the civil rights movement within the United States, and particularly the Civil Rights Act of 1964, forced test developers to develop standards and procedures to justify test usage. This legislation and subsequent court cases ensured that psychologists would need to be involved deeply in personnel testing. Finally, testing in the 1990s onward was greatly influenced by technological advances. Computerization helped standardize administration and scoring of tests as well as opening up the possibility for multimedia item formats. The introduction of the internet and web-based testing also provided additional challenges and opportunities.

scholarly journals Human Papillomavirus and Genital Disease in Men: What We Have Learned from the HIM Study

2019 ◽  
Vol 63 (2) ◽  
pp. 109-117 ◽  
Author(s):  
Laura Sichero ◽  
Anna R. Giuliano ◽  
Luisa Lina Villa
Keyword(s):  
Human Papillomavirus ◽  
Natural History ◽  
The United States ◽  
Hpv Infection ◽  
Clinical Consequences ◽  
History Of ◽  
Crucial Information ◽  
Associated Risk Factors ◽  
The Relationship ◽  
Genital Disease

It is currently recognized that in addition to the major impact of human papillomavirus (HPV) infection in females, HPV causes considerable disease in men at the genitals, anal canal, and oropharynx. Specifically, genital HPV infections may progress to genital warts and penile carcinoma. Although studies concerning the natural history of HPV infections and associated neoplasias have mainly focused on women, during the last 2 decades considerable attention has been given in further understanding these infections in men. The HIM (HPV infection in men) Study, the only prospective multicenter study of male HPV natural history, consisted of a large prospective international cohort study in which men from Brazil, the United States, and Mexico were enrolled. The design and protocols of this study allowed unraveling crucial information regarding the relationship between HPV infection and clinical consequences in men, and associated risk factors at each of the anatomic sites where HPV is known to cause cancer in men.

Strategic Sisterhood

2018 ◽  
Author(s):  
Rebecca Tuuri
Keyword(s):  
Civil Rights ◽  
The United States ◽  
National Council ◽  
History Of ◽  
Late Twentieth ◽  
1960S And 1970S ◽  
The 1960S ◽  
Feminist Movements ◽  
Radical Activism ◽  
Late Twentieth Century

When women were denied a major speaking role at the 1963 March on Washington, Dorothy Height, head of the National Council of Negro Women (NCNW), organized her own women's conference for the very next day. Defying the march's male organizers, Height helped harness the womanpower waiting in the wings. Height’s careful tactics and quiet determination come to the fore in this first history of the NCNW, the largest black women's organization in the United States at the height of the civil rights, Black Power, and feminist movements of the 1960s and 1970s. Offering a sweeping view of the NCNW's behind-the-scenes efforts to fight racism, poverty, and sexism in the late twentieth century, Rebecca Tuuri examines how the group teamed with U.S. presidents, foundations, and grassroots activists alike to implement a number of important domestic development and international aid projects. Drawing on original interviews, extensive organizational records, and other rich sources, Tuuri’s work narrates the achievements of a set of seemingly moderate, elite activists who were able to use their personal, financial, and social connections to push for change as they facilitated grassroots, cooperative, and radical activism.

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