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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.


Social Security Disability Insurance: The Compounding Limitations Of Medical Evidence Through The Lens Of Stroke Medicine, Dixon Yang 2015 University of Miami Miller School of Medicine

Social Security Disability Insurance: The Compounding Limitations Of Medical Evidence Through The Lens Of Stroke Medicine, Dixon Yang

Dixon Yang

Growing fiscal and administrative challenges elevate the urgency for significant reform in Social Security Disability Insurance (SSDI). Further, an aging population places greater future stress on the already backlogged disability adjudicatory system. The Social Security Administration (SSA) has placed great emphasis on accurately and efficiently interpreting the definition of disability through initiatives to strengthen medical qualifications for long-term impairment. Medical evidence, however, is limited because medical professionals may diagnose and evaluate functionality at the time of examination, but long-term predictions are often unclear. While these limitations may be readily acknowledged in the medical and scientific community, they are not properly ...


"The Role Of States In Shaping The Legal Debate On Medical Marijuana”., Florence Shu-Acquaye 2015 Nova Southeastern University

"The Role Of States In Shaping The Legal Debate On Medical Marijuana”., Florence Shu-Acquaye

Florence Shu-Acquaye

No abstract provided.


"The Role Of States In Shaping The Legal Debate On Medical Marijuana”., Florence Shu-Acquaye 2015 Nova Southeastern University

"The Role Of States In Shaping The Legal Debate On Medical Marijuana”., Florence Shu-Acquaye

Florence Shu-Acquaye

No abstract provided.


Health Care Services And Profits: A Conflict Of Interest?, Carolyn Plump JD, Jennifer Sipe MSN, RN 2015 La Salle University

Health Care Services And Profits: A Conflict Of Interest?, Carolyn Plump Jd, Jennifer Sipe Msn, Rn

Explorer Café

No abstract provided.


Gross V. Switzerland: A Deadly Dose For Personal Autonomy, Johanna Interian 2015 Boston College Law School

Gross V. Switzerland: A Deadly Dose For Personal Autonomy, Johanna Interian

Boston College International and Comparative Law Review

On May 14, 2013, the European Court of Human Rights held that the current assisted suicide law in Switzerland was insufficiently clear. Specifically, the failure to address whether a person who was not terminally ill could access the necessary drug violated Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The court would remove impediments to obtaining lethal prescriptions by insisting on clearer laws, though it did not go far enough by failing to recognize an affirmative right to assisted suicide. Before this decision was finalized, however, unexpected events in the case led the European ...


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. FitzGibbon 2015 Boston College Law School

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each ...


Deconstructing Infanticide, Eric Vallillee 2015 University of Ottawa

Deconstructing Infanticide, Eric Vallillee

Western Journal of Legal Studies

The offence of infanticide is allegedly based in debunked and sexist ideas about women and pregnancy. This article demonstrates that this offence is both necessary and beneficial regardless of its alleged basis. This article outlines the elements of infanticide and examines the legislative history from Medieval England to its adoption in Canada before discussing contemporary discourses on infanticide with a particular focus on the application of modern medical science. This work argues there are two issues with the current offence: (1) the requirement of a “disturbed mind” in the accused resulting from childbirth or lactation; and (2) the lack of ...


Hospital Quality Improvement: Are Peer Review Immunity, Privilege, And Confidentiality In The Public Interest?, Michael D. Benson MD, Jordan B. Benson CPA, JD, Mark S. Stein JD, PhD 2015 Northwestern University

Hospital Quality Improvement: Are Peer Review Immunity, Privilege, And Confidentiality In The Public Interest?, Michael D. Benson Md, Jordan B. Benson Cpa, Jd, Mark S. Stein Jd, Phd

Michael D Benson MD

Participants in the hospital peer-review process enjoy enormous protections under federal and state law. We contend that these protections – immunity, evidentiary privilege, and confidentiality – retard quality improvement in health care. As a result of these protections, the current peer-review system produces both improper severity and improper leniency. We propose to reform the system by eliminating all federal and state statutory protections for the peer-review process. A public process that is open to review and open to challenge by all interested parties will better promote health-care quality.


Discretion To Warn: Balancing Privacy Rights With The Need To Warn Unaware Partners Of Likely Hiv/Aids Exposure, Jacquelyn Burke 2015 Boston College Law School

Discretion To Warn: Balancing Privacy Rights With The Need To Warn Unaware Partners Of Likely Hiv/Aids Exposure, Jacquelyn Burke

Boston College Journal of Law & Social Justice

HIV/AIDS, an epidemic that continues to claim thousands of lives annually, disproportionately affects homosexual males, racial minorities, and low-income individuals. When HIV/AIDS first emerged in the 1980s, the virus was clouded by great fear, misinformation, and stigma. Although stigma persists, research and treatment of HIV have so advanced that the virus may be managed and treated with medicine so long as it is caught early. HIV/AIDS prevention and testing strategies must balance competing concerns of both patients’ rights to confidential test results with the public health good of notifying individuals who are unaware of likely HIV exposure ...


What To Expect When You’Re Expecting: Fetal Protection Laws That Strip Away The Constitutional Rights Of Pregnant Women, Jennifer Henricks 2015 Boston College Law School

What To Expect When You’Re Expecting: Fetal Protection Laws That Strip Away The Constitutional Rights Of Pregnant Women, Jennifer Henricks

Boston College Journal of Law & Social Justice

Many states have enacted fetal protection laws as a way of promoting fetal health and combatting the problem of in utero fetal drug abuse. These laws, however, unduly compromise the constitutional rights of pregnant women, implicating a woman’s rights to privacy, due process, and equal protection under the laws. Additionally, such laws compromise both maternal health and fetal health by discouraging at-risk pregnant women from seeking medical attention. Requiring procedural protections before the enforcement of fetal protection laws may mitigate the laws’ extensive constitutional problems. Additionally, enacting programs that provide pregnant women with positive incentives to promote fetal health ...


The Patient Protection And Affordable Care Act: The Latest Obstacle In The Path To Receiving Complementary And Alternative Health Care?, Chelsea Stanley 2015 Indiana University Maurer School of Law

The Patient Protection And Affordable Care Act: The Latest Obstacle In The Path To Receiving Complementary And Alternative Health Care?, Chelsea Stanley

Indiana Law Journal

Part I of this Note outlines a variety of medical techniques that are considered to be complementary and alternative practices, and it presents evidence of CAM’s growing influence in the United States. Part I also provides a concise summary of some of the most important features of the ACA. Part II analyzes the potential impact of the ACA on CAM. Part II focuses first on those provisions of the ACA that are believed to be supportive of CAM; however, Part II then proposes potential counterarguments ignored or overlooked by those who believe that the ACA will favorably impact CAM ...


Scouting For Approval: Lessons On Medical Device Regulation In An Era Of Crowdfunding From Scanadu’S “Scout”, Colleen Smith 2015 College of William & Mary Law School

Scouting For Approval: Lessons On Medical Device Regulation In An Era Of Crowdfunding From Scanadu’S “Scout”, Colleen Smith

Student Award Winning Papers

This Article will argue that medical device companies should be able to utilize crowdfunding to raise the necessary capital to develop a product. However, because of the risks medical devices pose, any solution that allows medical device companies to employ crowdfunding should ensure the continuing commitment to consumer safety that is at the core of FDA regulation. This Article uses the Scanadu Scout as an example and a staring point for evaluating the use of crowdfunding in the medical device industry. This Article explains how and why Scanadu broke the law when it moved the Scout, an “adulterated or misbranded ...


Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Insulin Administration In Catholic Schools: A New Look At Legal And Medical Issues, Mike Huggins 2015 Seattle University

Insulin Administration In Catholic Schools: A New Look At Legal And Medical Issues, Mike Huggins

Journal of Catholic Education

Anecdotal evidence indicates that more students with type 1 diabetes are enrolling in Catholic schools across the United States. Meeting the medical needs of these students appears to be a significant challenge—legally and logistically—for many Catholic schools. District officials, school leaders, and school staff need support to understand the complexities of the disease and its treatments, as well as the laws that govern how non-medical school staff can intervene in normal and emergency situations. The goals of this article are: (a) to explore the current state of the legal and medical issues regarding non-RN administration of insulin to ...


“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann DaSilva 2015 Boston College Law School

“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann Dasilva

Boston College Law Review

Courts have long recognized that the First Amendment protects both certain classes of speech and certain forms of conduct. Recently, in the context of state regulations prohibiting a particular form of counseling, courts have considered whether mental health counseling in the form of talk therapy falls within the category of conduct protected under the First Amendment. This Note argues that labeling an activity that takes place by means of speech as conduct is improper and leads to the perverse result of avoiding First Amendment analysis. In doing so, this Note examines the protection of speech and conduct under the First ...


Strengthening The Detection Of And Early Response To Public Health Emergencies: Lessons From The West African Ebola Epidemic, Mark J. Siedner, Lawrence O. Gostin, Hilarie H. Cranmer, John D. Kraemer 2015 Massachusetts General Hospital Center for Global Health

Strengthening The Detection Of And Early Response To Public Health Emergencies: Lessons From The West African Ebola Epidemic, Mark J. Siedner, Lawrence O. Gostin, Hilarie H. Cranmer, John D. Kraemer

Georgetown Law Faculty Publications and Other Works

Background

In the year since the World Health Organization (WHO) notified of an Ebola outbreak in West Africa, more than 24,000 cases have been reported and over 10,000 individuals have died. Moreover, countless non-Ebola deaths have occurred as a result of health system closings and an international aid effort in the $USD billions has been invested in control efforts. While the international response to the West African Ebola virus disease epidemic eventually exemplified the great potential of the global public health community, the protracted early response also revealed critical gaps, which likely resulted in exacerbation of the epidemic ...


Can Dna Be Speech?, Jorge R. Roig 2015 Charleston School of Law

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

In this article we discuss myriad current and developing ways in which ...


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