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Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa
Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa
University of Massachusetts Law Review
This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand …
Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons
Seattle University Law Review
Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …
Miller V. Alabama: Something Unconsitutional Now Was Equally Unconstitutional Then, W. Patrick Conlon
Miller V. Alabama: Something Unconsitutional Now Was Equally Unconstitutional Then, W. Patrick Conlon
University of Michigan Journal of Law Reform Caveat
In June 2012, the United States Supreme Court found mandatory life-without-parole sentences against juvenile offenders unconstitutional in Miller v. Alabama. The Court determined that because children possess “immaturity, impetuosity, and [fail] to appreciate risks and consequences,” they are fundamentally different than adults. Although Miller invalidated every juvenile mandatory life-without-parole (JMLWOP) statute across the United States, there is no clear indication regarding whether Miller retroactively applies to juveniles sentenced to mandatory life-without-parole before the Court’s ruling. As a result, states are split on whether to apply Miller retroactively. Fifteen states have yet to decide whether Miller applies retroactively, while several other …
Protecting Children Attending School Through Effective Regulations Of Harmful Volatile Organic Compounds, Michelle Gregory
Protecting Children Attending School Through Effective Regulations Of Harmful Volatile Organic Compounds, Michelle Gregory
Michelle Gregory
The United States Environmental Protection Agency (EPA) has a regulation known as the Federal Clean Air Act Currently, the Federal Clean Air Act only sets the framework for air pollution control as it affects industrial settings.Although industrial facilities are not major sources of ozone depletion per se; they are sources of high emissions of volatile organic compounds (VOCs), which are the precursors of ozone depletion.The EPA has not established standards for indoor VOCs and nonindustrial settings. As a result, public health is compromised as states and communities are left to determine policies relating to land development and indoor safety standards. …
Misperceptions And Challenges With Immigrant Kids: Taking A Closer Look At The Border Crisis, Barbara L. Loach
Misperceptions And Challenges With Immigrant Kids: Taking A Closer Look At The Border Crisis, Barbara L. Loach
English, Literature, and Modern Languages Faculty Publications
Why are so many unaccompanied Mexican and Central American children showing up in the United States? What should be done about them? In this guest column by Cedarville University professor Barbara Loach, she argues that this crisis shows illegal immigration is not a domestic issue, but rather is an international issue that must be addressed by cooperation of all nations involved.
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
Touro Law Review
No abstract provided.
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
University of Richmond Law Review
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act,the legislative history of the …
Little Emperors And An Army Of Orphans: The Government’S Control Over The Idea Of Family In An Overpopulated World, Corinna L. Miller
Little Emperors And An Army Of Orphans: The Government’S Control Over The Idea Of Family In An Overpopulated World, Corinna L. Miller
Honors College Theses
This research elaborates on the connection between governmental policies for population control and the psychological effects felt by its citizens. Governments enact laws to form and shape their country, but when plans to benefit society as a whole overspill into the personal rights of families, there can be unforeseen consequences that span across cultural, economic and physiological wellbeing. These side effects can have debilitating outcomes for countless generations to come, even after the policy has been abolished. In an age where exponential population growth is a severe problem, this study attempts to understand what happens when governmental policies influence the …
Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl
Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl
University of Massachusetts Law Review
Federal agencies regulate many products and activities that impact the safety of children. Agencies should put a premium on saving the lives of children when analyzing the costs and benefits of proposed regulations. This note uses original evidence from the infant car seat market to determine that a child-specific benefit measure should be one and a half to two times that of an adult. A child premium will encourage more regulations that protect the safety of our society's most precious and innocent members.
Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson
Pace Law Review
The shortage of special education teachers in the United States, and the adverse consequences flowing from factors related to this condition provide a unique opportunity for scholars to study these issues through interdisciplinary research. Educational scholars have typically focused their research on educational practice and institutional policy. Although this scholarship frequently acknowledges the statutory and regulatory foundations of the IDEA, the literature does not generally adopt a legal framework for research purposes. This is not a criticism of educational scholars. It is merely an observation that opportunities exist to study special education teacher issues in a broader context. This Article …
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Pepperdine Dispute Resolution Law Journal
The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols
Michigan Law Review
Theories of parental alienation abound in high-conflict custody cases. The image of one parent brainwashing a child against the other parent fits with what we think we know about family dynamics during divorce. The concept of a diagnosable “Parental Alienation Syndrome” (“PAS”) developed as an attempt to explain this phenomenon, but it has been widely discredited by mental health professionals and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile …
"What Did You Say?": Semantic Polysemy In California Juvenile Dependency Dispute Resolution, Kelly X. Ranasinghe
"What Did You Say?": Semantic Polysemy In California Juvenile Dependency Dispute Resolution, Kelly X. Ranasinghe
Kelly X Ranasinghe
Non-adversarial resolution of dependency cases is a statutorily mandated practice in California. Practitioners in California Juvenile Dependency courts attempt to settle cases without litigation, relying instead on negotiation between the various parties using informal discourse. This discourse utilizes polysemous dependency terms affecting the contextual understanding of statements by creating underlying ambiguity. The ambiguity of these terms creates communicative interference by engendering misunderstanding, lack of specificity and other communication problems. By recognizing polysemous qualities of core terms used in dependency discourse, practitioners can communicate more effectively and efficiently when resolving cases.
“Are We There Yet?” Immigration Reform For The Best Interest Of Children Left Behind, Lynne Marie Kohm, Keila Molina
“Are We There Yet?” Immigration Reform For The Best Interest Of Children Left Behind, Lynne Marie Kohm, Keila Molina
Lynne Marie Kohm
This article illustrates several important concerns that are at work for immigrating families and their children, while presenting options for federal and state government action to implement public policies for the protection of the best interests of children whose families are involved in immigration proceedings, particularly when children are left behind by deported parents. Part I considers the intersection of family law with federal immigration law and policy and its impact on the lives of children. Part II details the dilemma of a lack of federal planning for children left behind after parents are detained or deported; these are incredibly …
Patient Registries: Patient Consent When Children Become Adults, Leslie P. Francis
Patient Registries: Patient Consent When Children Become Adults, Leslie P. Francis
Saint Louis University Journal of Health Law & Policy
No abstract provided.
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
Sex, Science, And The Age Of Anxiety, Linda C. Fentiman
Sex, Science, And The Age Of Anxiety, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article examines the question of whether the HPV vaccine should be mandated (for girls and/or boys) in the context of declining rates of childhood immunization, and the potential threat to public health that this decline poses. The article addresses two interconnected legal issues: first, is mandating vaccines to prevent the spread of disease constitutional under substantive due process and equal protection principles, and second, should parents be permitted to “opt out” of mandatory vaccination on their children’s behalf, either for all vaccines or those which prevent particular diseases. The article addresses these issues in the context of America’s growing …
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children’s health. The Article’s core argument is that during the last four decades, both American society and American law have increasingly come to view mothers as a primary source of risk to children. This intense focus on the threat of maternal harm ignores significant environmental sources of injury, including fathers and other men, as well as exposure to toxic …
The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti
The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti
Articles
Following the Supreme Court’s decision in United States v. Windsor, many seem to believe that the fight for marriage equality at the federal level is over and that any remaining work in this area is at the state level. Belying this conventional wisdom, this essay continues my work plumbing the gap between the promise of Windsor and the reality that heteronormativity has been one of the core building blocks of our federal tax system. Eradicating embedded heteronormativity will take far more than a single court decision (or even revenue ruling); it will take years of work uncovering the subtle …