Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Medicine and Health Sciences (3)
- Public Law and Legal Theory (3)
- Anthropology (2)
- Arts and Humanities (2)
- Bioethics and Medical Ethics (2)
-
- Ethics and Political Philosophy (2)
- Family Law (2)
- Health Policy (2)
- Medical Jurisprudence (2)
- Philosophy (2)
- Policy Design, Analysis, and Evaluation (2)
- Administrative Law (1)
- Biological and Physical Anthropology (1)
- Constitutional Law (1)
- Contracts (1)
- Courts (1)
- Criminal Law (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Economic Policy (1)
- Environmental Policy (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Law and Economics (1)
- Law and Gender (1)
- Keyword
-
- Administrative law (1)
- Agent (1)
- Assisted reproductive technology law & policy (1)
- Bioethics (1)
- Constitutional law (1)
-
- Contract law (1)
- Crime; criminal justice; child law; victimization; violence; crime exposure; VOCA; victim compensation; victim assistace; law & social science; crime victim services; child protection (1)
- Due process clauses (1)
- Eligibility (1)
- Ethics (1)
- Family law (1)
- Feasible risk reduction (1)
- Gestational surrogate (1)
- Health law (1)
- Hierarchical interests & rights (1)
- Human rights (1)
- Informed consent policies & practices (1)
- Intended parenthood (1)
- Law & economics (1)
- Law & politics (1)
- Legal philosophy (1)
- MCARE (1)
- Medical treatment options (1)
- Minimization of possible exploitation (1)
- Nondelegable duty (1)
- Parentage principles (1)
- Pennsylvania Medical Care Availability and Reduction of Error Act (1)
- Prohibition (1)
- Public health law (1)
- Responsibility for obtaining consent (1)
Articles 1 - 4 of 4
Full-Text Articles in Health Law and Policy
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad
Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad
All Faculty Scholarship
The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …
Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe
Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe
All Faculty Scholarship
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, …
Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman
Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman
All Faculty Scholarship
This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.
First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be …