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Full-Text Articles in Law

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe Jun 2018

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe

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In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …


The Elusive Promise Of Equal Opportunity And Women’S Empowerment Through Temporary Labor Migration Programs: Lessons In Systemic Discrimination From The United States, Sarah Paoletti Jan 2018

The Elusive Promise Of Equal Opportunity And Women’S Empowerment Through Temporary Labor Migration Programs: Lessons In Systemic Discrimination From The United States, Sarah Paoletti

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Women comprise approximately half of all migrants across the world, and similarly account for nearly half of all of labor migration. But equality in numbers belies the systemic discrimination women confront in accessing employment opportunities through labor migration programs, as well as the experiences of women within those programs. Migration – and specifically labor migration – is not a gender-neutral phenomenon. The International Labor Organization (ILO) has expressed concern that as feminization of migration increases, women migrants will be increasingly vulnerable to “discrimination, exploitation and abuse… because of hardened attitudes towards migrants in general and because gender-based attitudes and perceptions …


Making Laws, Breaking Silence: Case Studies From The Field, Rangita De Silva De Alwis Jan 2018

Making Laws, Breaking Silence: Case Studies From The Field, Rangita De Silva De Alwis

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The Sustainable Development Goals seek to change the history of the 21st century, addressing key challenges such as poverty, inequality, and violence against women and girls. The inalienable rights of gender equality and empowerment of women and girls addressed in Goal 5 are a pre-condition for this. Despite decades of struggle by women’s movements and reformist agendas, much still needs to be done to address de facto and de jure discrimination against women. At a time of enormous change for women, these essays from around the world are a critical analysis of the role of law in regulating and shaping …


When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis Jan 2018

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

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Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …