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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan 2015 Willamette University

The Hidden Ball Trick: Major League Baseball’S Collective Bargaining Agreement Attempts To Hide Tobacco Use By Players, Lee N. Gilgan

Lee N Gilgan

No sport has failed to protect its players, fans and the public from tobacco to the degree of Major League Baseball. The statistics of tobacco are shocking, especially within the sport. While some stadiums have made steps toward a remedy, the Collective Bargaining Agreement and State Law need to become the primary source of regulation.


How Did You Know That? Protecting Privacy Interests Of Research Participants Via Certificates Of Confidentiality, Jonathan S. Miller 2015 University of Maryland - Baltimore

How Did You Know That? Protecting Privacy Interests Of Research Participants Via Certificates Of Confidentiality, Jonathan S. Miller

Jonathan S Miller

Answering novel medical hypotheses requires investigators to have robust and demographically diverse biospecimens and genetic data to facilitate their research. Doing so however also requires adequate participation by human subjects willing to consent to the donation and use of their biospecimens and genetic data for future unforeseen research. Although advances in scientific methodologies and technologies to understand the etiology of diseases and facilitate the development of improved therapeutics are critical to enhancing the common good; these advances pose informational risks associated with the re-identification of individuals. The conundrum exists about how to mitigate the privacy concerns associated with potential re-identification ...


How Are Law Enforcement Efforts To Address Mental Illness Changing The Path To Incarceration?, D'Andre Devon Lampkin 2015 Los Angeles County Sheriff's Department

How Are Law Enforcement Efforts To Address Mental Illness Changing The Path To Incarceration?, D'Andre Devon Lampkin

D'Andre Devon Lampkin

The purpose of this research project is the introduce readers to how law enforcement agencies across the United States are addressing mental illness and improving response to incidents involving subjects with mental illnesses. The paper also discusses training, and the collaborations taking place between mental health professionals and policing agencies wanting to combine judicial supervision with community based mental health treatment.


Are "Legal" Marijuana Contracts "Illegal"?, Luke M. Scheuer 2015 Widener University Delaware Law School

Are "Legal" Marijuana Contracts "Illegal"?, Luke M. Scheuer

Luke M Scheuer

America is currently in the midst of a “legal” marijuana business boom. In states which have legalized marijuana thousands of businesses have been created and are being openly operated despite the continued prohibition on their main product by the federal Controlled Substances Abuse Act. As a regular part of their business, these companies enter into contracts which violate the CSA, for example, every time they sell their main product. These businesses, and their stakeholders, rely upon the enforceability of these contracts in order to regulate their relationships. However, under the “illegality” or public policy defense to the enforcement of contracts ...


King V. Burwell And The Chevron Doctrine: Did The Court Invite Judicial Activism?, Matthew A. Melone 2015 Lehigh University

King V. Burwell And The Chevron Doctrine: Did The Court Invite Judicial Activism?, Matthew A. Melone

Matthew A. Melone

No abstract provided.


Health Care Reform And Affordable: The Graduate Student's Need For Further Reform, Angela N. Nicewonder 2015 SelectedWorks

Health Care Reform And Affordable: The Graduate Student's Need For Further Reform, Angela N. Nicewonder

Angela N Nicewonder

No abstract provided.


Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler 2015 Georgia State University College of Law

Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler

Faculty Publications By Year

In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies ...


The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez 2015 Pace University School of Law

The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez

Pace International Law Review

This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights ...


Advance Directive Accessibility: Unlocking The Toolbox Containing Our End-Of-Life Decisions, Vanessa Cavallaro 2015 Touro College Jacob D. Fuchsberg Law Center

Advance Directive Accessibility: Unlocking The Toolbox Containing Our End-Of-Life Decisions, Vanessa Cavallaro

Touro Law Review

No abstract provided.


King V Burwell: Subsidizing Us Health Insurance For Low- And Middle-Income Individuals, Lawrence O. Gostin, Mary C. DeBartolo, Daniel Hougendobler 2015 Georgetown University Law Center

King V Burwell: Subsidizing Us Health Insurance For Low- And Middle-Income Individuals, Lawrence O. Gostin, Mary C. Debartolo, Daniel Hougendobler

Georgetown Law Faculty Publications and Other Works

In King v. Burwell, the U.S. Supreme Court once again saved the Affordable Care Act (ACA) by upholding subsidies (tax credits) offered to low- and middle-income individuals for insurance bought on federal exchanges. A contrary opinion would have put at risk health insurance for 6.4 million Americans and threatened to destabilize insurance markets for millions more.

The ACA is supported by four interlocking reforms, each of which are necessary to realize its promise of expanding health care coverage: (1) guaranteed issue (prohibiting discrimination based on pre-existing conditions), (2) community rating (barring insurers from imposing higher premiums based on ...


A Defense Of Physicians’ Gatekeeping Role: Balancing Patients’ Needs With Society’S Interests, Jessica Mantel 2015 Pepperdine University

A Defense Of Physicians’ Gatekeeping Role: Balancing Patients’ Needs With Society’S Interests, Jessica Mantel

Pepperdine Law Review

Although scholars and policymakers increasingly accept the need to ration health care, physicians doing so at the bedside remains controversial. Underling this debate is how to characterize the duty of care physicians owe their individual patients. Ethically, physicians are under strict fiduciary obligations that require them to give primacy to individual patients' best interests. However, new health care delivery models that hold providers financially accountable for health care costs assign to physicians a gatekeeping role, with physicians obliged to balance individual patients' needs with the competing societal goal of controlling costs. This Article explains that the choice between the traditional ...


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib 2015 Seattle University School of Law

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns 2015 Seattle University School of Law

Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns

Seattle University Law Review

Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many ...


Terminating The Hospital-Physician Employment Relationship: Navigating Conflicts Arising From The Physician’S Dual Roles As Employee And Medical Staff Member, Gayland Hethcoat 2015 University of Miami Law School

Terminating The Hospital-Physician Employment Relationship: Navigating Conflicts Arising From The Physician’S Dual Roles As Employee And Medical Staff Member, Gayland Hethcoat

University of Miami Business Law Review

In an effort to meet the challenges of the post-health reform marketplace, hospitals have accelerated the practice of employing physicians. Despite this trend, many hospitals require their employed physicians to also maintain membership and privileges on the medical staff—the self-governing entity comprised of fellow physicians that oversees the practice of medicine within the hospital setting. Recent case law identifies at least two salient issues that will likely arise from physicians’ dual roles as hospital employee and medical staff member and be a point of negotiation and litigation: (1) the applicability of “due process” rights, which are typically afforded in ...


Wollschlaeger, A Patient’S Right To Privacy, And A Renewed Focus On Mental Health Treatment, Chad A. Pasternack 2015 University of Miami Law School

Wollschlaeger, A Patient’S Right To Privacy, And A Renewed Focus On Mental Health Treatment, Chad A. Pasternack

University of Miami Business Law Review

In response to doctors pushing gun control agendas on patients, Florida enacted the Firearm Owners Privacy Act. The law, upheld by the Eleventh Circuit in Wollschlaeger v. Governor of Florida, protects patients from intrusive lines of inquiry unrelated to their treatment and from discrimination due to firearm ownership. While patients in Florida benefit greatly from the Firearm Owners Privacy Act, this note argues for more specific language in the law, which would parallel language in the Florida Mental Health Act (“Baker Act”). The proposed changes would limit inquiries into firearm ownership to instances where there is a substantial likelihood of ...


Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr. 2015 University of Miami Law School

Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr.

University of Miami Business Law Review

This article analyzes some of the potential issues that may arise during epidemics or other public health emergencies. It specifically focuses on legal and operational preparedness experiences at Emory University during the 2014 Ebola crisis. Emory University Hospital was the first health care facility in the U.S. to treat patients diagnosed with Ebola Viral Disease (EVD). Although EVD has particularly frightening symptoms and a high mortality rate, its containment and treatment implicate similar legal, practical, and operational issues as other highly infectious and communicable diseases. These issues include laws related to: isolation and quarantine; travel restrictions; duties to treat ...


Pharmaceuticals And Biopiracy: How The Aia May Inadvertently Reduce The Misappropriation Of Traditional Medicine, Ryan D. Levy, Spencer Green 2015 University of Miami Law School

Pharmaceuticals And Biopiracy: How The Aia May Inadvertently Reduce The Misappropriation Of Traditional Medicine, Ryan D. Levy, Spencer Green

University of Miami Business Law Review

For decades, Eastern traditional medicine has been misappropriated by others who claim it as their own and attempt to obtain patent protection for it. As long this practice has existed, the international community has pushed back against it. Several countries and international bodies have created databases of traditional knowledge, hoping to preclude the issuance of patents on that knowledge. Other countries, like Thailand, have extended intellectual property protection to the traditional knowledge stakeholders themselves. However, a recent change to US patent law may have the unintended consequence of helping resolve the issue of biopiracy


Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter 2015 University of Miami Law School

Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter

University of Miami Business Law Review

The CDC’s Interim Guidance for Monitoring and Movements of Persons with Potential Ebola Virus Exposure is deeply flawed because it disregards the science of Ebola transmission. It recommends that officials quarantine individuals exposed to the virus but who do not have any symptoms of illness, ignoring the fact that only those with Ebola symptoms can communicate the virus to others. Consequently, any quarantine order based on the Guidelines is surely unconstitutional and illegal under most states’ public health statutes—as exemplified by the State of Maine’s failed petition to quarantine Nurse Kaci Hickox in October 2014. This article ...


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