Yale Law School
Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics,
2017
Seattle University School of Law
Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger
Seattle University Law Review
Part I of this Note provides some background on the current frameworks being used by courts in dual-progenitor disputes, while Part II presents the only two cases to deal with sole-genetic progenitor disputes and details how the courts conducted their analyses. Part III explains how courts establish legal parentage and how these legal parentage standards apply to frozen embryo disputes, specifically ones that involve only one genetic progenitor. Part IV proposes a new genetic framework to assist in the resolution of these issues. This Note concludes with a recommendation for future legislative intervention to aid in the widespread and uniform ...
Introduction,
2017
Selected Works
In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio,
2017
Cleveland-Marshall College of Law
In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor
Cleveland State Law Review
Today’s reality is that many families have children who are faced with disabling conditions that prevent them from relinquishing their dependency on others. Often, the need for specialized treatment and care does not terminate once a severely disabled child reaches adulthood. While typically parents are relieved of their legal parental obligations to their adult-aged children, this is not the same case for parents with severely disabled children. In some respects, Ohio has recognized the financial difficulties divorced parents face when they are the sole caregivers of disabled adult children. Although Ohio law requires that the noncustodial parent in a ...
Retributive Medication: A Discussion Of A Maine Law Allowing Involuntary, Forcible Medication Of A Pretrial Defendant For The Purpose Of Rendering The Defendant Competent To Stand Trial,
2017
University of Maine School of Law
Retributive Medication: A Discussion Of A Maine Law Allowing Involuntary, Forcible Medication Of A Pretrial Defendant For The Purpose Of Rendering The Defendant Competent To Stand Trial, Ashley T. Perry
Maine Law Review
Innocent until proven guilty—it’s a phrase we have all heard, know, and accept. But there are circumstances where this simple concept is strained in its application, such as when a legally incompetent defendant is facing trial. After all, how can a defendant be proven guilty if he cannot stand trial? The Supreme Court of the United States has determined that forcibly medicating an incompetent defendant solely to render the defendant competent to stand trial is permissible under the Federal Constitution. However, the Federal Constitution provides only the floor-level of civil rights; states are free to set their own ...
On Hastening Death Without Violating Legal Or Moral Prohibitions,
2017
Rutgers U. School of Law, Newark
On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor
Norman Cantor
While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind.
A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for ...
On Kamisar, Killing, And The Future Of Physician-Assisted Death,
2017
Rutgers U. School of Law, Newark
On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor
Norman Cantor
In a famous 1958 article, Yale Kamisar brilliantly examined the hazards of abuse and of slippery slope extensions that subsequently, for 46 years, served to thwart legalization of physician-assisted death (PAD). This paper shows that during the same period law and culture have effectively accepted a variety of ways for stricken people to hasten death, with physicians involved in diverse roles. Those ways include rejection of nutrition and hydration, terminal sedation, administration of risky analgesics, and withholding or withdrawal of medical life support. If these existing lawful modes of hastening death were widely acknowledged, the pressure to legalize voluntary active ...
The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons,
2017
Rutgers U. School of Law, Newark
The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor
Norman Cantor
“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have ...
Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia,
2017
Rutgers Law School - Newark
Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor
Norman Cantor
Compulsory Medical Treatment Of Adults,
2017
St. John's University School of Law
Compulsory Medical Treatment Of Adults, Peter J. Riga
The Catholic Lawyer
No abstract provided.
The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States,
2017
Seattle University School of Law
The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely
Seattle University Law Review
This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.
The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices,
2017
University of Arkansas, Fayetteville
The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices, Frank Griffin
Arkansas Law Review
No abstract provided.
Mental Disorder And Criminal Justice,
2017
University of Pennsylvania Law School
Mental Disorder And Criminal Justice, Stephen J. Morse
Faculty Scholarship
This paper is a chapter that will appear in ACADEMY FOR JUSTICE, A REPORT ON SCHOLARSHIP AND CRIMINAL JUSTICE REFORM (Erik Luna ed., forthcoming 2017). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements about how the criminal justice system should respond ...
Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer,
2017
California Western School of Law
Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax
Joanna K Sax
Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco -- a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke. The Food and Drug Administration (FDA) only has limited ability to regulate the entry of new ...
The Time Of Death - A Legal, Ethical And Medical Dilemma,
2017
St. John's University School of Law
The Time Of Death - A Legal, Ethical And Medical Dilemma, John E. Pearson
The Catholic Lawyer
No abstract provided.
Can The Right To Stop Eating And Drinking Be Implemented By A Surrogate?,
2017
Selected Works
Can The Right To Stop Eating And Drinking Be Implemented By A Surrogate?
Norman Cantor
Trial And Error: Legislating Adr For Medical Malpractice Reform,
2017
University of Maryland Francis King Carey School of Law
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Maryland Law Review
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients ...
Evidence Of Child Abuse: Inferring The Causes Of Effects,
2017
Carnegie Mellon University
Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg
University of Michigan Journal of Law Reform
A statistician's take on evidence of child abuse.
Police Interrogations, False Confessions, And Alleged Child Abuse Cases,
2017
University of San Francisco
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo
University of Michigan Journal of Law Reform
A discussion on false confession cases in the United States.
Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine,
2017
Stanford Hospital & Clinics
Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine, Patrick Barnes
University of Michigan Journal of Law Reform
A look at nonaccidental injury and abusive head trauma in children with a focus on Shaken Baby Syndrome.
Short Fall Arguments In Court: A Probabilistic Analysis,
2017
Carnegie Mellon University
Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar
University of Michigan Journal of Law Reform
A discussion about how statistical arguments are used in court, specifically in cases of Abusive Head Trauma in which the defendant has claimed that an accidental short fall, and not shaking or child abuse, has caused the child’s injuries.
