Pub Date : 2003-01-01DOI: 10.7551/mitpress/8087.003.0013
R. Bullard
INTRODUCTION In the United States, all communities do not receive the same benefits from transportation advancements and investments. (1) Despite the heroic efforts and the monumental social and economic gains made over the decades, transportation remains a civil rights issue. (2) Transportation touches every aspect of where we live, work, play, and go to school, as well as the physical and natural world. Transportation also plays a pivotal role in shaping human interaction, economic mobility, and sustainability. (3) Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals while ensuring access to education, health care, and other public services. (4) Transportation equity is consistent with the goals of the larger civil rights movement and the environmental justice movement. (5) For millions, transportation is defined as a basic right. (6) Transportation is basic to many other quality of life indicators such as health, education, employment, economic development, access to municipal services, residential mobility, and environmental quality. (7) The continued residential segregation of people of color away from suburban job centers (where public transit is inadequate or nonexistent) may signal a new urban crisis and a new form of "residential apartheid." (8) Transportation investments, enhancements, and financial resources have provided advantages for some communities, while at the same time, other communities have been disadvantaged by transportation decision making. (9) I. OLD WARS, NEW BATTLES In 1896, the United States Supreme Court wrestled with this question of the different treatment accorded blacks and whites. (10) In Plessy v. Ferguson, the Supreme Court examined the constitutionality of Louisiana laws that provided for the segregation of railroad car seating by race. (11) The court upheld the "white section" and "colored section" Jim Crow seating law, contending that segregation did not violate any rights guaranteed by the Constitution. (12) In 1953, nearly four decades after the Plessy decision relegated blacks to the back of the bus, African Americans in Baton Rouge, the capital of Louisiana, staged the nation's first successful bus boycott. (13) African Americans accounted for the overwhelming majority of Baton Rouge bus riders and two-thirds of the bus company's revenue. (14) Their economic boycott effectively disrupted the financial stability of the bus company, costing it over $1600 a day. (15) The successful Baton Rouge bus boycott occurred two years before the famous 1954 Supreme Court decision in Brown v. Board of Education declared "separate but equal" unconstitutional. (16) On December 1, 1955, in Montgomery, Alabama, Rosa Parks ignited the modern civil rights movement. (17) Mrs. Parks refused to give up her bus seat to a white man in defiance of local Jim Crow laws. (18) Her action sparked new leadership around transportation and civil rights
在美国，并不是所有的社区都能从交通的发展和投资中获得同样的好处。尽管在过去的几十年里，人们做出了巨大的努力，取得了巨大的社会和经济成就，但交通运输仍然是一个民权问题。交通运输涉及我们生活、工作、娱乐和上学的各个方面，以及物质世界和自然世界。交通在塑造人类互动、经济流动性和可持续性方面也发挥着关键作用。(3)交通提供了获得机会的机会，是解决贫困、失业和机会均等目标的关键组成部分，同时确保获得教育、保健和其他公共服务。(4)交通公平与更大的民权运动和环境正义运动的目标是一致的。对数百万人来说，交通被定义为一项基本权利。(6)交通是许多其他生活质量指标的基础，如健康、教育、就业、经济发展、获得市政服务、住宅流动性和环境质量。(7)有色人种继续居住在远离郊区工作中心(那里公共交通不足或根本不存在)的地方，这可能标志着一种新的城市危机和一种新形式的“居住种族隔离”。(8)交通投资、改进和财政资源为一些社区提供了优势，而同时，其他社区因交通决策而处于不利地位。旧的战争，新的战争1896年，美国最高法院就给予黑人和白人不同待遇的问题进行了激烈的辩论。(10)在普莱西诉弗格森案(Plessy v. Ferguson)中，最高法院审查了路易斯安那州规定按种族隔离火车车厢座位的法律是否符合宪法。(11)法院支持“白人区”和“有色人种区”的吉姆·克劳座位法，认为种族隔离并不侵犯宪法保障的任何权利。(12) 1953年，在普莱西案判决将黑人排挤到公共汽车后排近40年后，路易斯安那州首府巴吞鲁日的非裔美国人成功地举行了美国第一次抵制公共汽车运动。(13)非裔美国人占巴吞鲁日公交乘客的绝大多数，占该公交公司收入的三分之二。他们的经济抵制有效地破坏了公共汽车公司的财政稳定，每天花费1600多美元。(15)巴吞鲁日公车抵制运动的成功发生在1954年最高法院著名的布朗诉教育委员会案判决“隔离但平等”违宪的两年前。1955年12月1日，在阿拉巴马州的蒙哥马利，罗莎·帕克斯点燃了现代民权运动。帕克斯夫人不顾当地的吉姆·克劳法，拒绝给一个白人让座。她的行动激发了围绕交通和民权问题的新领导层。(19) 1981年，在接受社会学家奥尔登·莫里斯(Aldon Morris)的采访时，帕克斯夫人总结了她抵制种族隔离的感受:“我对在公共汽车上和其他任何地方受到虐待的抵制对我来说都是一件平常的事情，而不仅仅是那天。”交通是20世纪60年代早期“自由乘车者”运动的中心主题。(21)约翰·刘易斯和年轻的自由乘车者冒着死亡的危险行使州际旅行的宪法权利。1961年，灰狗巴士遭到袭击，有些被烧毁。然而，自由乘车者继续在国家的道路、高速公路和城市街道上寻求社会正义。(24)尽管自1997年出版《仅仅是交通:拆除阻碍流动的种族和阶级障碍》以来取得了一些进展，(25)但大部分情况仍未改变。歧视仍然对穷人和有色人种征收额外的“税”，他们需要安全、负担得起和方便的公共交通。…
{"title":"Addressing Urban Transportation Equity in the United States","authors":"R. Bullard","doi":"10.7551/mitpress/8087.003.0013","DOIUrl":"https://doi.org/10.7551/mitpress/8087.003.0013","url":null,"abstract":"INTRODUCTION In the United States, all communities do not receive the same benefits from transportation advancements and investments. (1) Despite the heroic efforts and the monumental social and economic gains made over the decades, transportation remains a civil rights issue. (2) Transportation touches every aspect of where we live, work, play, and go to school, as well as the physical and natural world. Transportation also plays a pivotal role in shaping human interaction, economic mobility, and sustainability. (3) Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals while ensuring access to education, health care, and other public services. (4) Transportation equity is consistent with the goals of the larger civil rights movement and the environmental justice movement. (5) For millions, transportation is defined as a basic right. (6) Transportation is basic to many other quality of life indicators such as health, education, employment, economic development, access to municipal services, residential mobility, and environmental quality. (7) The continued residential segregation of people of color away from suburban job centers (where public transit is inadequate or nonexistent) may signal a new urban crisis and a new form of \"residential apartheid.\" (8) Transportation investments, enhancements, and financial resources have provided advantages for some communities, while at the same time, other communities have been disadvantaged by transportation decision making. (9) I. OLD WARS, NEW BATTLES In 1896, the United States Supreme Court wrestled with this question of the different treatment accorded blacks and whites. (10) In Plessy v. Ferguson, the Supreme Court examined the constitutionality of Louisiana laws that provided for the segregation of railroad car seating by race. (11) The court upheld the \"white section\" and \"colored section\" Jim Crow seating law, contending that segregation did not violate any rights guaranteed by the Constitution. (12) In 1953, nearly four decades after the Plessy decision relegated blacks to the back of the bus, African Americans in Baton Rouge, the capital of Louisiana, staged the nation's first successful bus boycott. (13) African Americans accounted for the overwhelming majority of Baton Rouge bus riders and two-thirds of the bus company's revenue. (14) Their economic boycott effectively disrupted the financial stability of the bus company, costing it over $1600 a day. (15) The successful Baton Rouge bus boycott occurred two years before the famous 1954 Supreme Court decision in Brown v. Board of Education declared \"separate but equal\" unconstitutional. (16) On December 1, 1955, in Montgomery, Alabama, Rosa Parks ignited the modern civil rights movement. (17) Mrs. Parks refused to give up her bus seat to a white man in defiance of local Jim Crow laws. (18) Her action sparked new leadership around transportation and civil rights","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"59 1","pages":"1183"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83213855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Religious contributions to the bioethics debate: utilizing legal rights while avoiding scientific temptations.","authors":"Steven Goldberg","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"35-45"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Catholic teaching and the law concerning the new reproductive technologies.","authors":"Helen M Alvare","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"107-34"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Assisted reproductive technologies and the Constitution.","authors":"Carl H Coleman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"57-70"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2002-11-01DOI: 10.1093/oso/9780195169850.003.0016
C. Fisher
INTRODUCTION The orientation of legal advocates and social policy makers regarding the rights of the mentally infirm has shifted considerably over the years. Historically, adults with known mental disorders were presumed incompetent and restricted from opportunities to make decisions for themselves. (1) Disregard for the rights of institutionalized and impaired persons resulted in abuses, such as the infamous case at the Willowbrook State School, where biomedical researchers infected children identified as "mentally defective" with viral hepatitis without their knowledge, and with the questionable voluntary consent of their parents. (2) In the wake of Willowbrook, advocates for people with mental retardation have made significant legal gains for individuals with decisional impairments. This movement led to including policies requiring the deinstitutionalization of individuals whose futures had largely been relegated to severely restricted institutional living, regulations for intermediate care facilities, court decisions guaranteeing the right of persons with mental retardation to make their own decisions, and ultimately, recognition by the courts that a diagnosis of a mental disorder is not a presumption that the individual is incompetent to make decisions. (3) Despite these gains, balancing the obligation to respect the rights of those with mental impairments to be treated as autonomous members of the moral community with the need to ensure that ill-informed or incompetent decisions will not jeopardize their welfare remains an ongoing ethical challenge for legal advocates, practitioners, and family members. (4) This Essay argues that informed consent policies for adults with mental disorders need to reflect a relational approach that re-conceptualizes consent vulnerability in terms of a "goodness-of-fit" between patient characteristics and the consent context. I. CONSENT VULNERABILITY AS A RELATIONAL CONSTRUCT Adults with mental disorders, like all people, are linked to others in relationships of reciprocity and dependency. (5) Conceptualizing consent impairments as a product of the relationship between the person and the consent context shifts ethical inquiry away from an exclusive focus on the patient's or research participant's mental infirmities. Instead, it focuses on those aspects of the consent setting that are creating or exacerbating consent vulnerability, and considers how the setting can be modified to produce a consent process that best reflects and protects the patient's/participant's hopes, values, concerns, and welfare. (6) From a relational perspective, morally responsible informed consent practices require more than simply evaluating whether a patient/participant understands the nature, risks, and benefits of procedures for which consent is sought, toward a reconfiguration of the consent context itself. Such reconfigurations involve remedial efforts to enhance consent comprehension coupled with efforts to attain mutual understa
{"title":"A goodness-of-fit ethic for informed consent.","authors":"C. Fisher","doi":"10.1093/oso/9780195169850.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780195169850.003.0016","url":null,"abstract":"INTRODUCTION The orientation of legal advocates and social policy makers regarding the rights of the mentally infirm has shifted considerably over the years. Historically, adults with known mental disorders were presumed incompetent and restricted from opportunities to make decisions for themselves. (1) Disregard for the rights of institutionalized and impaired persons resulted in abuses, such as the infamous case at the Willowbrook State School, where biomedical researchers infected children identified as \"mentally defective\" with viral hepatitis without their knowledge, and with the questionable voluntary consent of their parents. (2) In the wake of Willowbrook, advocates for people with mental retardation have made significant legal gains for individuals with decisional impairments. This movement led to including policies requiring the deinstitutionalization of individuals whose futures had largely been relegated to severely restricted institutional living, regulations for intermediate care facilities, court decisions guaranteeing the right of persons with mental retardation to make their own decisions, and ultimately, recognition by the courts that a diagnosis of a mental disorder is not a presumption that the individual is incompetent to make decisions. (3) Despite these gains, balancing the obligation to respect the rights of those with mental impairments to be treated as autonomous members of the moral community with the need to ensure that ill-informed or incompetent decisions will not jeopardize their welfare remains an ongoing ethical challenge for legal advocates, practitioners, and family members. (4) This Essay argues that informed consent policies for adults with mental disorders need to reflect a relational approach that re-conceptualizes consent vulnerability in terms of a \"goodness-of-fit\" between patient characteristics and the consent context. I. CONSENT VULNERABILITY AS A RELATIONAL CONSTRUCT Adults with mental disorders, like all people, are linked to others in relationships of reciprocity and dependency. (5) Conceptualizing consent impairments as a product of the relationship between the person and the consent context shifts ethical inquiry away from an exclusive focus on the patient's or research participant's mental infirmities. Instead, it focuses on those aspects of the consent setting that are creating or exacerbating consent vulnerability, and considers how the setting can be modified to produce a consent process that best reflects and protects the patient's/participant's hopes, values, concerns, and welfare. (6) From a relational perspective, morally responsible informed consent practices require more than simply evaluating whether a patient/participant understands the nature, risks, and benefits of procedures for which consent is sought, toward a reconfiguration of the consent context itself. Such reconfigurations involve remedial efforts to enhance consent comprehension coupled with efforts to attain mutual understa","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1 1","pages":"159-71"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61546867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protestant perspectives on informed consent (particularly in research involving human participants).","authors":"James F Childress","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"187-205"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Islamic viewpoint on new assisted reproductive technologies.","authors":"Hossam E Fadel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"147-57"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A goodness-of-fit ethic for informed consent.","authors":"Celia B Fisher","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"159-71"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Informed consent without autonomy.","authors":"Daniel P Sulmasy","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"207-20"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The physician's conscience, conscience clauses, and religious belief: a Catholic perspective.","authors":"Edmund D Pellegrino","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"30 1","pages":"221-44"},"PeriodicalIF":0.0,"publicationDate":"2002-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25263208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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