Digital Commons Network^™

Monitoring Women's Right To Health Under The International Covenant On Economic, Social And Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Audrey M. Chapman

American University Law Review

No abstract provided.

Right To Information Necessary For Reproductive Health And Choice Under International Law, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Sandra Coliver

American University Law Review

No abstract provided.

Premenstural Syndrome: The Debate Surrounding Criminal Defense, Lee Solomon

Maryland Law Review

No abstract provided.

Challenge Of Christianity, The Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Frances Kissling

American University Law Review

No abstract provided.

Document Bibliography Conference On The Interventional Protection Of Reproductive Rights: Preface , Anonymous

American University Law Review

No abstract provided.

Women's Reproductive Rights And The Politics Of Fundamentalism: A View From Bangladesh Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Sajeda Amir, Sara Hossain

American University Law Review

No abstract provided.

Remarks Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Abdullahi An-Naim

American University Law Review

No abstract provided.

Negotiating The Relationship Of Hiv/Aids To Reproductive Health And Reproductive Rights Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health, Sofia Gruskin

American University Law Review

No abstract provided.

Managed Care As Regulation: Functional Ethics For A Regulated Environment, Sandra H. Johnson

All Faculty Scholarship

Institutional context plays a substantive role in ethical analysis. Accordingly, efforts to apply the principles of bioethics generally and without regard for institutional context may prove difficult.

This article first addresses the aspects of two non-hospital settings - the managed care organization (MCO) and the nursing home - that make the application of hospital-derived principles of bioethics particularly difficult.

The article then considers health care providers’ complaints that extensive MCO regulations impede ethical decisionmaking and adequate care. MCO standards and regulations are value-based. Thus after identifying four categories of providers’ MCO complaints, this article evaluates the complaints under ethical norms. …

Drug Addiction During Pregnancy: A Call For Increased Social Responsibility, Page Mcguire Linden

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Genetic Tie, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman

All Faculty Scholarship

No abstract provided.

Insurance Risk Classification After Mcgann: Managing Risk Efficiently In The Shadow Of The Ada, Maria O'Brien

Faculty Scholarship

A significant part of the health insurance debate which gripped the country during the first two years of President Clinton's administration focused on the critical shortage of employer-sponsored health insurance for disabled, br high risk, employees. Indeed, President Clinton's promise of universal access in connection with the promotion of his health care plan is apparently designed to ensure that the increasingly popular employer practice of excluding high risk employees becomes obsolete. In the meantime, while the merits of the Clinton plan and its competitors are debated, individuals like John McGann-working and insured--continue to discover that like their health, their insurance …

Health Policy Below The Waterline: Medical Care And The Charitable Exemption, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

For almost one hundred years, America's nonprofit hospitals have enjoyed nearly automatic exemption from federal income taxation. During this time, nonprofit hospitals transformed themselves from resting places of last resort for the sick poor into centers of high-technology intervention for all income groups. The financing of their services evolved in parallel, from primary dependence on the generosity of religious orders and charitable donors, to almost exclusive reliance on payments for services rendered. Meanwhile, the exemption's doctrinal underpinnings were repeatedly reinvented to accommodate change in the hospital industry's financial structure and social role. When Congress first enacted a charitable exemption to …

Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe

Campbell Law Review

What is the status of a fetus in North Carolina? This the primary question addressed by Mr. Hartsoe as he analyzes and critiques the case law and statutory enactments which deal with this question. While there is some case law and statutory authority on point, Mr. Hartsoe concludes that there is an overall paucity of law which defines the legal status of a fetus and, furthermore, the law that does exist is inconsistent. As such, Mr. Hartsoe examines the legal status of a fetus in North Carolina in the areas of wrongful death, prenatal injury, criminal law, wrongful life, wrongful …

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Maryland Law Review

No abstract provided.

Conference On The Interventional Protection Of Reproductive Rights: Preface, Ann Shalleck, Lauren Gilbert, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris

UIC Law Review

No abstract provided.

Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez

UIC Law Review

No abstract provided.

Aids And Funeral Homes: Common Legal Issues Facing Funeral Directors, 27 J. Marshall L. Rev. 411 (1994), Mark E. Wojcik

UIC Law Review

No abstract provided.

The Texas Homestead: The Last Bulwark Of Liberty Forum., Henry B. Gonzalez

St. Mary's Law Journal

For more than 155 years Texans have adamantly supported the principle that the fundamental need for shelter justifies strict constitutional protection of homes from creditors in all but a few situations. This Article discusses where homestead protection came from and why it should not be lightly discarded. The Texas Constitution contains many rights and liberties for the protection and benefit of the state’s citizens. Unique among these treasured liberties is the protection of a person’s homestead from forced sale or foreclosure by creditors. A group of bankers and other financiers—for whom a homestead is nothing more than collateral and a …

J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler

St. Mary's Law Journal

Abstract Forthcoming.

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

Towards Equal Opportunity In Canada: New Approaches, Mixed Results Symposium - Human Rights In The Americas - Commentary., John Hucker

St. Mary's Law Journal

Abstract Forthcoming.

In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff

St. Mary's Law Journal

On March 23, 1994, in In re Oluloro, Immigration Judge Kendall Warren’s decision indicated the United States Immigration and Naturalization Service (INS) should consider human rights abuses directed at women. The overriding concern was the possibility that two young U.S. girls would suffer female genital mutilation (FGM) if the INS deported their mother to Nigeria. In reaching the decision to suspend the mother’s deportation, Judge Warren condemned FGM as “cruel and serv[ing] no known medical purpose.” Judge Warren ruled the practice presented an extreme hardship for the girls. Unfortunately, the court’s ruling has no precedential value because the INS did …

Shading Of America: Keynote Address Before The 1995 National Conference Of Law Reviews Address., Antonia Hernandez

St. Mary's Law Journal

Abstract Forthcoming.

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …

Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley

St. Mary's Law Journal

This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …