Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 2005 Tragedy & Remedy: Reparations for Disparities in Black Health Kevin Outterson Boston Univeristy School of Law Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons Recommended Citation Kevin Outterson, Tragedy & Remedy: Reparations for Disparities in Black Health, 9 DePaul Journal of Health Care Law 735 (2005). Available at: https://scholarship.law.bu.edu/faculty_scholarship/399 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact
[email protected]. TRAGEDY AND REMEDY: REPARATIONS FOR DISPARITIES IN BLACK HEALTH ∗ Kevin Outterson INTRODUCTION The Tragedy of American health care is the stubborn persistence of disparities in Black health,1 140 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. The history of oppression in America is laid bare by Black disparities in health.