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Full-Text Articles in Law
Artavia Murillo V. Costa Rica: The Inter-American Court On Human Rights’ Promotion Of Non-Existent Human Rights Obligations To Authorize Artificial Reproductive Technologies, Ligia M. De Jesus
Ligia M. De Jesus
In Artavia Murillo v. Costa Rica, the Inter-American Court on Human Rights examined the question of whether Costa Rica may, under the American Convention on Human Rights, protect human embryos from destruction by banning in vitro fertilization (IVF) in its jurisdiction. The case provoked the Inter-American Court of Human Rights' first debate on the existence of international human rights obligations to authorize and fund artificial reproductive technologies as well as its first interpretation on the right to life from conception, established in Article 4(1) of the American Convention. In the judgment, issued over one year ago, the Inter-American court held …
All Your Eggs In One Basket: Why Contract Law Proves Unreliable In Frozen Embryo Adoption Cases, Austin R. Caster
All Your Eggs In One Basket: Why Contract Law Proves Unreliable In Frozen Embryo Adoption Cases, Austin R. Caster
Austin R Caster
This article will show why infertile couples cannot unequivocally rely on good faith, consensual contracts in cases of assisted reproductive technology because the law is so unsettled. Each section will show why, because of alleged public policy implications, contract doctrines or clauses such as (1) the termination of parental rights, (2) the doctrine of waste, and (3) liquidated damages still remain almost completely unreliable in a matter regarding assisted reproductive technology. Though this uncertainty affects infertile couples trying to complete their families through various methods including adoption, surrogacy, in vitro fertilization, and artificial insemination, this article will focus on cases …
A Defense Of Stem Cell Research, Gregory Dolin
A Defense Of Stem Cell Research, Gregory Dolin
Gregory Dolin
Isolation of human embryonic stem cells in 1998 simultaneously caused great excitement and concern in the scientific community and the population at large. The great promises that the discovery held were viewed with suspicion by many, because the isolation of these stem cells involved destruction of an embryo, and thus, according to some, destruction of innocent human life. Full ten years later, the debate still rages. The present Article proposes a solution to this debate.The solution concedes that the embryo is a human being entitled to full moral protection. Having made that concession, however, the Article proceeds to argue that …
Excluding Religion Excludes More Than Religion, Richard Stith
Excluding Religion Excludes More Than Religion, Richard Stith
Richard Stith
This Article contends that excluding apparently religious perspectives from public debate may inadvertently exclude non-religious perspectives as well, consequently impoverishing public discussion. This contention is demonstrated through an examination of the current debate over embryonic stem cell research, in which the pro-life position is often declared unacceptably religious. The truth is that those who envision the unborn as under construction in the womb do not find a human being present when gestation has just begun, while those who understand the unborn to be developing see an identity of being from conception. But neither view is based on religion. To disqualify …