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Abortion, Informed Consent And Regulatory Spillover, Alex Stein, Katherine Shaw 2016 Cardozo Law School

Abortion, Informed Consent And Regulatory Spillover, Alex Stein, Katherine Shaw

Alex Stein

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understanding, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.
 
This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to fully inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possibility that such standards might cross state lines. Planned Parenthood ...


Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra 2016 Pepperdine University

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Pepperdine Law Review

Imagine applying for a job, and as part of your application process, your prospective employer asks for a photograph. You, as an eager candidate, comply with the request and, unbeknownst to you, the employer runs your picture through a software program that scans you for any common genetic diseases and that estimates your longevity. Alas, your face indicates that you may die young. No job for you. Although this sounds like science fiction, we may not be that far off from this scenario. In June 2014, scientists from Oxford reported that they have developed a facial recognition program that uses ...


Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse 2016 University of Pennsylvania Law School

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the neuroscientific ...


Decline Of Dosage Regimen Patents In Light Of Emerging Next-Generation Dna Sequencing Technology And Possible Strategic Responses, Na An 2016 University of Minnesota - Twin Cities

Decline Of Dosage Regimen Patents In Light Of Emerging Next-Generation Dna Sequencing Technology And Possible Strategic Responses, Na An

Minnesota Journal of Law, Science & Technology

No abstract provided.


Lingering Regulatory Bars To Licensing For International Medical Graduates, Therese Bart 2016 University of St. Thomas, Minnesota

Lingering Regulatory Bars To Licensing For International Medical Graduates, Therese Bart

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath 2016 Texas A&M University School of Law

Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath

Susan Ayres

This article offers a reading of Hilary Brougher’s film Stephanie Daley (2006), in which a teen is accused of murdering her newborn (neonaticide). Brougher depicts a “phenomenology of unwanted pregnancy” and an example of therapeutic jurisprudence. Part One examines Brougher’s treatment of the “shadow side of pregnancy,” and highlights barriers to the empathetic treatment of neonaticide. Part Two emphasizes the process of therapeutic jurisprudence as experienced by the two main characters. Brougher’s film provides a social narrative and phenomenology that may influence laws and legal responses and enlarge social understanding of unwanted pregnancy.


The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper 2016 University of Cincinnati Law Review

The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper

University of Cincinnati Law Review

No abstract provided.


Rights Gone Wrong: A Case Against Wrongful Life, W. Ryan Schuster 2016 College of William & Mary Law School

Rights Gone Wrong: A Case Against Wrongful Life, W. Ryan Schuster

William & Mary Law Review

No abstract provided.


Children’S Anatomy V. Children’S Autonomy: A Precarious Balancing Act With Preimplantation Genetic Diagnosis And The Creation Of “Savior Siblings”, Marley McClean 2016 Pepperdine University

Children’S Anatomy V. Children’S Autonomy: A Precarious Balancing Act With Preimplantation Genetic Diagnosis And The Creation Of “Savior Siblings”, Marley Mcclean

Pepperdine Law Review

On February 3, 2015, Members of the United Kingdom’s Parliament, in an historical move, voted to approve the creation of human beings from three different parents, i.e., the creation of three-person DNA. In doing so, it became the first country ever to approve laws regulating such a procedure. The procedure uses a customized version of in vitro fertilization (IVF) to mix the DNA of two parents with the healthy mitochondria of a donor woman. While three-person DNA is not yet practiced in the United States, there is a controversial ART procedure practiced and unregulated in the United States ...


Law And The Sciences Of The Brain/Mind, Stephen J. Morse 2016 University of Pennsylvania Law School

Law And The Sciences Of The Brain/Mind, Stephen J. Morse

Faculty Scholarship

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not ...


The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser 2016 Else School of Management, Milsaps College

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Pace Law Review

This article will introduce some of the issues and offer some possible guidelines which may eventually guide cases of medical malpractice and medical care in the face of neurointerventions. First, I will briefly address the standard of care in medical malpractice cases in general. Second, I will discuss some of the existing and potential physical and neurological enhancements available for physicians. Finally, I will explore how these neurointerventions could alter the standards for medical malpractice for both the enhanced doctors and the entire medical profession.


The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena 2016 Fordham University School of Law

The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena

Fordham Urban Law Journal

No abstract provided.


Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin 2016 National University

Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin

D'Andre D. Lampkin

This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.


Federalism And State Marijuana Legislation, Dean M. Nickles 2016 University of Notre Dame Law School

Federalism And State Marijuana Legislation, Dean M. Nickles

Notre Dame Law Review

An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws.


Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig 2016 University of Georgia School of Law

Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig

Journal of Intellectual Property Law

No abstract provided.


A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig 2016 Fordham University School of Law

A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig

Fordham Urban Law Journal

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches ...


Rac: A Program In Distress, 2016 Brigham Young University Law School

Rac: A Program In Distress

BYU Law Review

No abstract provided.


The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg 2016 John Marshall Law School

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg

Faculty Scholarship

Is it reasonable for a physician to condition treatment upon the patient’s execution of an arbitration agreement? Is such an agreement enforceable? Is such an agreement medically ethical? This paper will address these topics (and others) in an effort to determine whether a treatment conditioned upon the execution of an arbitration agreement covering medical liability claims is consistent with, and should be a defensible component of the physician-patient relationship.


Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe 2016 John Marshall Law School

Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe

Faculty Scholarship

Discussions of race-related issues are a constant in American society. Within the last year alone, there have been several high profile events that have prompted important debates about race. Most of the events attracting nationwide attention involved the conduct of law enforcement agents, including incidents in which unarmed black men died at the hands of police officers, peaceful protests that turned violent following the failure to indict the police officers involved in those cases and the use of excessive force on black teenagers attending social events and while at school. Other events included the racial identity controversy regarding a member ...


If We Don’T Own Our Genes, What Protects Subjects In Genetic Research?, Leslie E. Wolf 2016 Georgia State University College of Law

If We Don’T Own Our Genes, What Protects Subjects In Genetic Research?, Leslie E. Wolf

Faculty Publications By Year

No abstract provided.


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