From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, 2016 Brooklyn Law School
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Journal of Law and Policy
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. A new ethical and ...
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, 2016 Indiana University Maurer School of Law
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Articles by Maurer Faculty
Though intended to educate patients on the risks, benefits, side effects and alternatives within medical treatment, informed consent documents may have unanticipated consequences for patients. Patients may regard these forms as little more than a ritual to access treatment. Or patients may perceive that these forms exist to protect doctors rather than to contribute to a meaningful, patient-protective educational interaction. To rehabilitate the informed consent project, this essay considers the baggage that informed consent documents have acquired through practical use, explores patients' and providers' lived experience of informed consent, and considers whether a multimedia consent application would be a viable ...
Does Medical Malpractice Law Improve Health Care Quality?, 2016 Duke Law School
Does Medical Malpractice Law Improve Health Care Quality?, Michael D. Frakes, Anupam B. Jena
Despite the fundamental role of deterrence in justifying a system of medical malpractice law, surprisingly little evidence has been put forth to date bearing on the relationship between medical liability forces on the one hand and medical errors and health care quality on the other. In this paper, we estimate this relationship using clinically validated measures of health care treatment quality constructed using data from the 1979 to 2005 National Hospital Discharge Surveys and the 1987 to 2008 Behavioral Risk Factor Surveillance System records. Drawing upon traditional, remedy-centric tort reforms — e.g., damage caps — we estimate that the current liability ...
Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, 2016 Duke Law School
Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman
This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about ...
Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), 2015 Nevada Law Journal
Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad
Nevada Supreme Court Summaries
Real parties in interest, Hurst and Abbington sought and obtained a pretrial order from the district court barring petitioners, Dr. Piroozi and Dr. Blahnik, from arguing comparative fault of settled defendants at trial and including those defendants’ names on the verdict forms. In granting the Writ of Mandamus filed by the petitioners, the Supreme Court of Nevada resolved a conflict between NRS 41.141(3) and NRS 41A.045, holding that NRS 41A.045 preempts NRS 41.141(3) and entitles a defendant to argue the percentage of fault of settled defendants at trial and to include the settled defendant ...
Moore On The Mind, 2015 University of Pennsylvania Law School
Moore On The Mind, Stephen J. Morse
In revised form, this chapter will be published in a volume, Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore, a festschrift for Michael Moore edited by Professor Kimberly Ferzan and me for Oxford University Press. The chapter first addresses a particular approach to foundational metaphysical issues in the philosophy of mind, action and responsibility that I term “Spockian solutions,” which are home remedies modeled on those found in the baby and child care book of famed pediatrician, the late Dr. Benjamin Spock. It then engages with Moore’s work on a variety of topics concerning action and ...
Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, 2015 University of Haifa University Faculty of Law
Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara Billauer
barbara p billauer esq
Abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or ‘bad’ science from infiltrating the courtroom. To do so, the Judges must first determine what “science” is? And then, what ‘good science’ is? It is submitted that Daubert is seriously polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This inapt philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis. Among other problems, is the intolerance of Popper’s system for multiple causation, a key component of toxic- torts. Thus, the ...
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, 2015 University of Pennsylvania Law School
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
No abstract provided.
Book Review: Body Banking From The Bench To The Bedside, 2015 University of Baltimore School of Law
Book Review: Body Banking From The Bench To The Bedside, Natalie Ram
All Faculty Scholarship
How much is a kidney worth? An ounce of breast milk? Genetic material from an individual facing a Parkinson's diagnosis? In today's America, it depends on who is selling. One might think that such body products are beyond value or that their value depends on the individual characteristics of the supplier. But under existing American law and practices, what matters more is whether the seller is also the supplier of that body product, or whether the seller is another entity, such as a pharmaceutical company, hospital, or biobanker.
Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, 2015 Brigham Young University Law School
Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton
Brigham Young University Journal of Public Law
No abstract provided.
Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, 2015 Birmingham Law School
Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras
Michigan Journal of Gender and Law
In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach ...
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, 2015 University of Houston Law Center
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
University of Michigan Journal of Law Reform
With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent ...
Common Law Fundamentals Of The Right To Abortion, 2015 Brooklyn Law School
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
No abstract provided.
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
Using Inhalants To Obtain A Cheap High Is No Laughing Matter In Medical /Legal Circles, 2015 Temple University
Using Inhalants To Obtain A Cheap High Is No Laughing Matter In Medical /Legal Circles, Samuel Hodge
Samuel D. Hodge Jr.
Much attention has been devoted to the ill effects of drug and alcohol abuse. However, there is an equally disturbing trend of people using household or industrial products to obtain a “quick high” by inhaling the fumes from these items. These gases seem innocuous but when inhaled, they can be more dangerous than street drugs with life altering consequences. The abuse of inhalants is not a problem limited to a specific segment of the population. Rather, it is a widespread issue that has no economic, social or age related boundaries. Thirty-seven states have enacted statutes concerning inhalant abuse. A few ...
In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), 2015 Nevada Law Journal
In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley
Nevada Supreme Court Summaries
The Court determined that under NRS § 451.007 (the Uniform Determination of Death Act) the District court failed to consider whether the American Association of Neurology (AAN) guidelines adequately measure all functions of the entire brain and whether the guidelines are considered accepted medical standards by states that have adopted the Act.
External Ligation Of Internal Iliac Artery (E.L.I.I.A), 2015 Seton Hall Law School
External Ligation Of Internal Iliac Artery (E.L.I.I.A), Naira Matevosyan
Naira Matevosyan, MD, PhD, JSM
No abstract provided.
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, 2015 Seattle University School of Law
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt
Seattle University Law Review
On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified ...
Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, 2015 Notre Dame Law School
Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead
O. Carter Snead
The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly ...
The Politics Of Abortion, 2015 University of Alberta
The Politics Of Abortion, Janine Brodie, Shelley Gavigan, Jane Jenson
Shelley A. M. Gavigan
The United States and Ireland are not the only places where the abortion rights debate currently exists. This book represents the collaboration of three established scholars (two political scientists and one lawyer) to document and analyze the abortion saga in Canada from the legalization of therapeutic abortions in 1969 to the debates over new legislation in 1990. Through the integration of political, legislative, and constitutional dimensions of the issue, this work examines the evolution of abortion policy in Canada.