Health Law and Policy Commons^™

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.

Minors, Parents, And Minor Parents, Maya Manian

Maya Manian

How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg

Marc D. Ginsberg

No abstract provided.

"First, Do No Harm": Legal Guidelines For Health Programmes Affecting Adolescents Aged 10–17 Who Sell Sex Or Inject Drugs, Brendan M. Conner Esq.

Brendan M. Conner

The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

Stephanie Bornstein

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Jonathan Todres

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations. In current scholarship, the interrelationship among rights, for the most …

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda Pustilnik, Leslie Henry

Leslie Meltzer Henry

No abstract provided.

Introduction: Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry

Amanda C Pustilnik

No abstract provided.

The Importance Of Realizing 'Other Rights' To Prevent Sex Trafficking, Jonathan Todres

Jonathan Todres

International law has long prohibited sex trafficking. The current international legal framework on sex trafficking sets forth a three-pronged approach to anti-trafficking efforts: (1) criminalization of acts of trafficking, (2) trafficking prevention programs, and (3) aid for victims of trafficking. To date, efforts undertaken by various countries have focused primarily on the first component, with comparatively minimal resources being allocated to prevention or victim assistance programs. Those countries that have initiated prevention measures tend to adopt a narrow view of "prevention programs" – focusing on activities such as public awareness campaigns warning of the penalties associated with such crimes or …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles H. Baron, Margot Botsford, Garrick F. Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

Moderator, Youth In Prison: The Reality Of The System, Francine Sherman

Francine T. Sherman

On April 30, 2013, Professor Sherman served as the moderator for the Youth in Prison: The Reality of the System at Boston College. The panel discussed the realities of the prison system and efforts being implemented to create positive change.

Partcipant, Juvenile Detention Alternatives Initiative Inter-Site Conference, Francine Sherman

Francine T. Sherman

Professor Sherman participated in two workshops, Reducing Disparities at the Intersection of Gender, Race and Ethnicity and Eliminating the Use of Detention for Commercially Sexually Exploited Children, at the Juvenile Detention Alternatives Initiative Inter-site Conference held in Atlanta, Georgia.

Making Detention Reform Work For Girls: A Guide To Juvenile Detention Reform, Francine Sherman, Richard Mendel, Angela Irvine

Francine T. Sherman

Throughout the nation, court-involved girls frequently pose minimal risk to public safety but suffer with significant social service needs. Data on detention utilization show that girls are being disproportionately detained for misdemeanors, status offenses and technical violations of probation and parole. In short, many girls enter detention for the wrong reasons and many remain in detention for extended periods harmful to them and contrary to best practice.

This practice guide responds to a call from both mature and new sites from within the Juvenile Detention Alternatives Initiative (JDAI) network, which continue to find that effectively serving and supervising girls is …

Speaker, Workshop Organizer, Moderator And Presenter, Francine Sherman

Francine T. Sherman

Professor Sherman has served as a Speaker, Workshop Organizer, Moderator, and Presenter for a range of workshops on topics related to detention reform and girls at the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative Annual Conferences since 2000.

Panelist, Stop The Pipeline To Prison: Create Educational Opportunities, Jobs And Wealth, Francine Sherman

Francine T. Sherman

No abstract provided.

Justice For Girls: Are We Making Progress?, Francine Sherman

Francine T. Sherman

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the …

Advisory Board Member, Francine Sherman

Francine T. Sherman

No abstract provided.

Visiting Lecturer, Francine Sherman

Francine T. Sherman

No abstract provided.

Testimony, Institute Of Medicine Workshops: Commercial Sexual Exploitation Of Children/Sex Trafficking, Francine Sherman

Francine T. Sherman

No abstract provided.

Moderator And Speaker, The Legal Lives Of Girls, Francine Sherman

Francine T. Sherman

No abstract provided.

Symposium Speaker, Overpoliced And Underprotected: Women, Race And Criminalization, Francine Sherman

Francine T. Sherman

No abstract provided.

Foreword, Francine T. Sherman, William Talley Jr

Francine T. Sherman

No abstract provided.

Member, Board Of Directors, Francine Sherman

Francine T. Sherman

No abstract provided.

Board President, Artistic Noise, Inc. (2009-Present), Francine Sherman

Francine T. Sherman

No abstract provided.

Technical Assistance Provider, Francine Sherman

Francine T. Sherman

Authored Detention Reform and Girls: Challenges and Solutions: JDAI Pathway #13 (2005) and Making Detention Reform Work for Girls: JDAI Practice Guide #5 (2012), provide technical assistance to JDAI sites nationally to reduce detention for girls and improve their conditions of confinement, assess jurisdictions’ use of detention for girls, regularly organize and present JDAI workshops.