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Student Publications Homepage
ARTICLE CONTENTS
[Pages 35-68]
TOP OF ARTICLE
Introduction
I. Historical Overview of Racial Discrimination in Health Care: Pre-Civil War to Present Day
A. Pre-Civil War and Reconstruction
B. Jim Crow Era
C. Modern Day Racial Inequalities in Health Care
1. African-American Health Status
2. African-American Access to Treatment
3. Treatment Received
4. Experimentation/Clinical Research
II. Kidney Transplantation: Background Information and Explanation of Federal Regulation
A. The Kidney, Kidney Disease and Treatment Options
B. Regulation of Organ Allocation
III. Empirical Evidence Pertaining to Racial Discrimination in Kidney Transplantation
A. African-American Access to Transplantable Kidneys: Increased Need and Decreased Likelihood of Receipt
B. Why African Americans Receive Fewer Kidneys
IV. Legal Responses to Racial Disparities in the Allocation of Kidneys
A. Increase African-American Donation: Education, Publicity Campaigns, Establishment of Greater Trust in the Health Care System and “Presumed Consent” Laws
B. Development of UNOS Waiting List Criteria
C. UNOS Kidney Allocation Guidelines
D. Litigation
1. Potential Claims Under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution
2. Potential Claims Under Title VI of the Civil Rights Act of 1964
Conclusion
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