Law Commons^™

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Student Articles and Papers

The goals of the Article are twofold. First, this Article will demonstrate that while birthing rights issues have been familiar areas of concern for feminist scholarship on women's rights to privacy and equality, neglecting to integrate this work into the law school classroom fails to promote effective legal advocacy for pregnant women. The violation of women's rights during childbirth is a more common problem than reported legal opinions indicate, and few lawyers are prepared to protect clients prospectively or to vindicate women's rights post-childbirth.

Newsletter Summer 2012

Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Using Law To Improve Public Health: The Example Of Tobacco Regulation, Kathleen Hoke Dachille

Faculty Scholarship

Tobacco use has been the leading cause of preventable death in the United States for decades yet public health advocates have struggled to secure legislation effectively regulating tobacco products and their use. This is largely due to the role tobacco played in the economic development of the United States, particularly in the southern states, and the power tobacco companies wielded with Congress. Although tobacco use has declined significantly in recent decades and our country no longer relies on tobacco crops for economic stability, tobacco products still maintain a prominent place in American culture, often serving as the straw man in …

Commerce Games And The Individual Mandate, Leslie Meltzer Henry, Maxwell L. Stearns

Faculty Scholarship

While the Supreme Court declined an early invitation to resolve challenges to the Patient Protection and Affordable Care Act (“PPACA”), a recent split between the United States Courts of Appeals for the Sixth Circuit (sustaining the PPACA’s “individual mandate”) and the Eleventh Circuit (striking it down) virtually ensures that the Court will decide the fate of this centerpiece of the Obama Administration’s regulatory agenda. Whatever the Court’s decision, it will likely affect Commerce Clause doctrine- and related doctrines - for years or even decades to come.

Litigants, judges, and academic commentators have focused on whether the Court’s “economic activity” tests, …

Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik

Faculty Scholarship

Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been …

Teaching Law Students To Be Policymakers: The Health And Science Policy Workshop On Genomic Research, Benjamin E. Berkman, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Mixed Messages: The Intersection Of Prenatal Genetic Testing And Abortion, Rachel Rebouché, Karen H. Rothenberg

Faculty Scholarship

This article, prepared for the 2011 Wiley A. Branton Symposium at Howard Law School, provides a snapshot of how current law and practice generate mixed messages about prenatal genetic testing and abortion. The ability to screen and to test for genetic conditions prenatally is expanding, not only because of technological innovations but also because of increased legal and financial incentives. At the same time that prenatal genetic testing is expanding, abortion – one option pregnant women have after testing – is contracting. Federal and state legislation restricts abortion services, for example, by reducing or prohibiting funding; banning the types or …

Manipulating Fate: Medical Innovations, Ethical Implications, Theatrical Illuminations, Karen H. Rothenberg, Lynn W. Bush

Faculty Scholarship

Transformative innovations in medicine and their ethical complexities create frequent confusion and misinterpretation that color the imagination. Placed in historical context, theatre provides a framework to reflect upon how the ethical, legal, and social implications of emerging technologies evolve over time and how attempts to control fate through medical science have shaped -- and been shaped by -- personal and professional relationships. The drama of these human interactions is powerful and has the potential to generate fear, create hope, transform identity, and inspire empathy -- a vivid source to observe the complex implications of translating research into clinical practice through …

Accountable Care Organizations In The Affordable Care Act, Frank Pasquale

Faculty Scholarship

No abstract provided.

Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health, Ken Gatter

Journal of Health Care Law and Policy

No abstract provided.

A New Era Of Medicare Oversight, Daniel R. Levinson

Journal of Health Care Law and Policy

No abstract provided.

Indefinite Freeze?: The Obligations A Cryopreservation Bank Has To Abandoned Frozen Embryos In The Wake Of The Maryland Stem Cell Research Act Of 2006, Maggie Davis

Journal of Health Care Law and Policy

No abstract provided.

Incentivizing The Utilization Of Pharmacogenomics In Drug Development, Valerie Gutmann Koch

Journal of Health Care Law and Policy

No abstract provided.

Juvenile Neurolaw: When It's Good It Is Very Good Indeed, And When It's Bad It's Horrid, Abigail A. Baird, Christy L. Barrow, Molly K. Richard

Journal of Health Care Law and Policy

No abstract provided.

Adolescent Decision Making: Legal Issues With Respect To Treatment For Substance Misuse And Mental Illness, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

American Health Benefit Exchanges: State Regulators Must Encourage Private Market Participation, Elizabeth Bayly

Journal of Health Care Law and Policy

No abstract provided.

Law & Health Care Newsletter, V. 20, No. 1, Fall 2012

Law & Health Care Newsletter

No abstract provided.

Medical Decision Making By And On Behalf Of Adolescents: Reconsidering First Principles, B. Jessie Hill

Journal of Health Care Law and Policy

No abstract provided.

Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry

Journal of Health Care Law and Policy

No abstract provided.

Decision Making For Children With Life-Limiting Illnesses: A Clinical Approach, Yoram Unguru

Journal of Health Care Law and Policy

No abstract provided.

Body Modification And Adolescent Decision Making: Proceed With Caution, Alicia Ouellette

Journal of Health Care Law and Policy

No abstract provided.

A Choice To Which Adolescents Should Not Be Exposed: Cosmetic Surgery As Satire, Dan O'Connor

Journal of Health Care Law and Policy

No abstract provided.

The Inherent Uncertainty Of Risk Assessment: How Pesticide Residue Tolerances Fall Short On Safety, Matthew Standeven

Journal of Health Care Law and Policy

No abstract provided.

The Role Of Race In End-Of-Life Care, Barbara A. Noah

Journal of Health Care Law and Policy

No abstract provided.

The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise, Rebecca Hall

Journal of Health Care Law and Policy

No abstract provided.

The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman

Journal of Health Care Law and Policy

No abstract provided.

Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Comparative Pragmatism, Rachel Rebouché

Maryland Law Review

No abstract provided.

Woman Scorned?: Resurrecting Infertile Women’S Decision-Making Autonomy, Jody Lyneé Madeira

Maryland Law Review

No abstract provided.