Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Gay rights (2)
- Reproductive rights (2)
- Birth control (1)
- Civil union (1)
- Consent (1)
-
- Domestic partnership (1)
- ERISA preemption (1)
- Equal Protection (1)
- Fourteenth Amendment (1)
- Gender discrimination (1)
- Health insurance discrimination (1)
- Human Genome (1)
- Legal classification (1)
- Marriage equality (1)
- Pharmaceutical regulation (1)
- Post humous conception (1)
- Postmortem procreation (1)
- Sperm retrieval (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Constitutional Classifications And The Gay Gene, Susan Becker
Constitutional Classifications And The Gay Gene, Susan Becker
Journal of Law and Health
What I am going to talk about is the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called "gay gene" on legal classifications. What is really important here, and the reason I need to offer you a primer on constitutional law, is so that we all start on the same page by understanding how our laws, starting with the federal constitution, classify people for the purpose of bestowing or denying rights and benefits. This leads us to an understanding of why people object to various classifications, and an appreciation …
Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong
Consent To Sperm Retrieval And Insemination After Death Or Persistent Vegatative State, Carson Strong
Journal of Law and Health
Although a number of additional legal questions can be raised, including issues of paternity and inheritance, this paper focuses on the legal issues pertaining to consent, as well as the ethical questions raised above, which need to be discussed in order to address adequately the legal consent issues. The paper is organized as follows: first, the current law of consent to sperm retrieval and insemination after death or PVS is discussed in order to identify gaps in the law - areas that the law does not address or concerning which it is unclear; second, ethical issues are discussed that are …
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Journal of Law and Health
This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …
Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski
Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski
Journal of Law and Health
Employers offering these benefits to same-sex domestic partners only, may face legal challenges such as marital status and sexual orientation discrimination or equal protection arguments from their unmarried heterosexual employees. In addition, states and municipalities have been increasing the potential of such litigation by passing laws that prohibit discrimination based on sexual orientation and marital status especially in the areas of housing and employment. This Note examines the potential of such legal challenges when employers use the narrow definition in structuring their domestic partner benefit programs. In addition, avoiding challenges by simply not offering benefits will be discussed. However, before …