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Full-Text Articles in Law
Embryo Fundamentalism, Naomi R. Cahn, June Caborne
Embryo Fundamentalism, Naomi R. Cahn, June Caborne
GW Law Faculty Publications & Other Works
The battle for the future of assisted reproduction technologies (ART) has been joined. The tacit compromise underlying assisted reproduction - no laws are passed that even tangentially sanction embryo destruction and no laws are passed that intrude on the profitability of fertility treatments - may be coming to an end. As use of ART has increased, so have calls for supervision and oversight. In the wake of "Octomom" Nadya Suleman's use of in vitro fertilization (IVF) to give birth to octuplets, the calls to regulate assisted reproduction have become even more pressing. At the same time, religious communities ambivalent about …
Embryo Exchanges And Adoption Tax Credits, Naomi R. Cahn, Sarah B. Lawsky
Embryo Exchanges And Adoption Tax Credits, Naomi R. Cahn, Sarah B. Lawsky
GW Law Faculty Publications & Other Works
The “Option of Adoption Act,” a Georgia law that was introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court for recognition that they are the legal parents of a child born to them as a result of an embryo transfer. This article clears up what seems to be widespread confusion about a fairly straightforward question of tax law related to such embryo “adoptions.” Notwithstanding various sources' claims to the contrary, neither a Georgia adoption tax credit …
Family Classes: Rethinking Contraceptive Choice, Naomi R. Cahn, June Carbone
Family Classes: Rethinking Contraceptive Choice, Naomi R. Cahn, June Carbone
GW Law Faculty Publications & Other Works
The political attention paid to moral values - in the context of the high profile fights over abortion, homosexuality, and abstinence education - has developed over the past quarter century in ideological terms as though race and class no longer existed. In fact, the changing understandings that attend family formation reflect a long term shift in the pathways to middle class life which has created a new technocratic elite - an elite that invests heavily in both men and women’s advanced degrees, and has remade family life to its advantage. The success of the new model, which we call the …
Cultural Cognition And Public Policy, Donald Braman, Dan M. Kahan
Cultural Cognition And Public Policy, Donald Braman, Dan M. Kahan
GW Law Faculty Publications & Other Works
People disagree about the empirical dimensions of various public policy issues. It's not surprising that people have different beliefs about the deterrent effect of the death penalty, the impact of handgun ownership on crime, the significance of global warming, the public health consequences of promiscuous sex, etc. The mystery concerns the origins of such disagreement. Were either the indeterminacy of scientific evidence or the uneven dissemination of convincing data responsible, we would expect divergent beliefs on such issues to be distributed almost randomly across the population, and beliefs about seemingly unrelated questions (whether, say, the death penalty deters and whether …
State Representation Of Children's Interests, Naomi R. Cahn
State Representation Of Children's Interests, Naomi R. Cahn
GW Law Faculty Publications & Other Works
The state's claim that it can represent children's interests plays a significant role in defining the structure of families, the relationships within families, and the development of children's interests. This paper explores three different contexts involving the state and the contested nature of how the interests of minors are represented in both national and international law: first, in restricting the abortion rights of minors, the state claims to be protecting them; second, in allowing parents to decide who will act as caretaker for their children if both parents are dead, the state defers to parents' wishes; and third, in dysfunctional …
An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross
An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross
GW Law Faculty Publications & Other Works
This article argues that parental objections should not be allowed to block minors from accessing information from government agencies, including schools and libraries. This is particularly important when a mature minor seeks information that is essential to meaningful decisions about the exercise of autonomy rights that are constitutionally protected for teenagers, such as reproductive rights including the right to contraception and abortion. The right to receive information is also implicated where minors seek information to facilitate emerging identity choices that may conflict with those of their parents, such as religion and reliance on medical care. Part I analyzes the nature, …