Health Law and Policy Commons^™

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 …

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Seattle University Law Review

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …

הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit

Hezi Margalit

Two & A Half Parents: Three-Parent Ivf And Medical Malpractice In The United States, Jay M. Fulk

Concordia Law Review

Fertility medicine is seeing a rapid advancement with the emergence of a new procedure called three-parent in vitro fertilization (IVF). This novel procedure provides an opportunity for women who have defective mitochondria to bear their own healthy genetic children. As women encounter fertility issues, they will often turn to regular IVF by receiving an egg from a donor—ultimately resulting in a child with no genetic relation to the mother. Women with defective mitochondria will likely pass down a mitochondrial disease to their children, therefore, bearing a child without the assistance from a donor does not present a viable option. Mitochondrial …

Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada

Georgia State University Law Review

Imagine a couple that is unable to conceive a child naturally. Luckily, they had the money and resources available to them to conceive a child through assisted reproductive technology (ART), so they decided to start their family through the use of intrauterine insemination. They selected a sperm bank and began the arduous process of selecting a sperm donor who fit the desired traits and characteristics for their child. The sperm bank matched them with an anonymous donor, Donor 9623, and assured the couple that the donor was “a healthy male with an IQ of 160, a bachelor’s of science in …

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

West Virginia Law Review

No abstract provided.

Sb 201 - Sick Leave, Mary Elizabeth D. Steinhaus, Chadwick L. Williams

Georgia State University Law Review

The Act amends Georgia’s general provisions relating to labor and industrial relations by adding a new provision that requires qualifying employers to allow their employees to use sick leave to care for immediate family members.

Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz

Georgia State University Law Review

The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.

Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler

American University Law Review

No abstract provided.

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

Journal Articles

No abstract provided.

The Pregnancy Penalty, Jennifer Bennett Shinall

Vanderbilt Law School Faculty Publications

Despite the renaissance of pregnancy-related scholarship over the past decade, 322 very little has been documented empirically regarding the status of pregnant women in the labor market. As such, scholars and advocates have been constrained in their ability to assess both the adequacy of current legislation and the relative urgency for new legislation. Furthermore, in the absence of labor market data, they have been limited in their ability to propose reform measures that can target the pregnant women most in need of assistance. This Article has taken an initial step towards filling these critical gaps in the literature, utilizing a …

Cedaw And Treaty Compliance: Promoting Access To Modern Contraception, Katherine Sochacki

Vanderbilt Journal of Transnational Law

Modern contraception is widely recognized as a crucial component of family planning services and is recognized as a reproductive right under international human rights law. However, unmet need for contraception remains high, as many women in the developing world lack access to family planning services. This Note examines the role of the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its powers as a treaty monitoring body in increasing access to modern contraception. Drawing on empirical research, the example of CEDAW's influence on abortion rights, and the domestic politics theory of treaty compliance, this Note …

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 …

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming