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Full-Text Articles in Law
Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.
Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.
Journal of Law and Health
On December 18, 2015, President Obama signed into law a policy rider forestalling the therapeutic modification of the human germ line. The rider, motivated by the science’s potential unethical ends, is only the most recent instance in which the legislature cut short the ongoing national conversation on the acceptability of a developing science. This essay offers historical perspective on what bills were proposed and passed surrounding four other then-developing scientific breakthroughs—Recombinant DNA, in vitro fertilization, Cloning, Stem Cells—to better analyze how Congress is, and should, regulate this exciting and promising science.
Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers
Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers
Cleveland State Law Review
The decision in Kass illustrates a situation where well-founded common law contract principles were applied to a novel reproductive issue in order to respond to rapidly evolving technological progress. However, this legal dilemma presents a variable that warrants special attention. The parties involved in the case at hand struggled for control of a possible human life; Mrs. Kass hoped to preserve the pre-zygotes for future implantation attempts, and Mr. Kass sought to avoid the tribulations associated with compulsory parenthood. This Comment will evaluate the decisions rendered by both the Supreme Court of New York and the New York Court of …
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Cleveland State Law Review
This note is concerned with the question currently facing the courts: once an embryo is frozen, what should become of it in a dispute over what should happen to it, and who has the right to make that decision? In addressing this question, this note will first establish the process through which frozen embryos are created, and the resulting dilemma of definitional problems among the medical and legal professions. Next the article will survey the current state of the law to discover how prenatal beings have been treated traditionally, how this should affect frozen embryo disposition, and how trends are …
The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh
The Frustaci Septuplets: Miracle Or Malpractice, Susan Ferguson Slabaugh
Journal of Law and Health
The possibility of imposing such liability has tremendous implications not only for the physician and clinic directly involved, but also for other health care practitioners, health care consumers, and the legal profession, as well. This Note will focus on those implications and proposes a solution to the issues raised by this type of litigation.