Tragedy & Remedy: Reparations for Disparities in Black Health

DePaul Journal of Health Care Law, Vol. 9, No. 1, pp. 735-792, 2005

West Virginia University College of Law Working Paper

58 Pages Posted: 12 Oct 2005  

Kevin Outterson

Boston University School of Law

Abstract

The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black health disparities will require something more transformative than Title VI. One possible remedial candidate is reparations for disparities in Black health.

Keywords: Disparities, health, race, reparations, Black

Suggested Citation

Outterson, Kevin, Tragedy & Remedy: Reparations for Disparities in Black Health. DePaul Journal of Health Care Law, Vol. 9, No. 1, pp. 735-792, 2005; West Virginia University College of Law Working Paper. Available at SSRN: https://ssrn.com/abstract=816346

Kevin Outterson (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

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