Law Commons^™

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

Indiana Law Journal

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, 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 inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos

Indiana Law Journal

In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …

Intractable Delay And The Need To Amend The Petition Provisions Of The Fdca, Diana R. H. Winters

Indiana Law Journal

Private party oversight has proven to be ineffective at countering inaction by the Food and Drug Administration (FDA). Inaction when regulation is warranted can put the public at continued and increasing risk of harm, but the failure of private enforcement to compel action reverberates beyond this harm to the interests of individuals. It also diminishes the transparency of agency decision making, lessens the opportunity for public participation, and reduces the interaction between the institutions that oversee agencies. Moreover, the benefits afforded to the administrative process by judicial review are weakened.

This Article analyzes two examples of FDA inertia and compares …

Dualism And Doctrine, Dov Fox, Alex Stein

Indiana Law Journal

What kinds of harm among those that tortfeasors inflict are worthy of compensation? Which forms of self-incriminating evidence are privileged against government compulsion? What sorts of facts constitute a criminal defendant’s intent? Existing doctrine pins the answer to all of these questions on whether the injury, facts, or evidence at stake are “mental” or “physical.” The assumption that operations of the mind are meaningfully distinct from those of the body animates fundamental rules in our law.

A tort victim cannot recover for mental harm on its own because the law presumes that he is able to unfeel any suffering arising …

Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins

Indiana Law Journal

Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …

Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Rethinking Hiv-Exposure Crimes, Margo Kaplan

Indiana Law Journal

This Article challenges the current legislative and scholarly approaches to HIV-exposure crimes and proposes an alternative framework to address their flaws. Twenty-four states criminalize consensual sexual activities of people with HIV. Current statutes and the scholarship that supports them focus on HIV-positive status, sexual activity, and knowledge of HIV-positive status as proxies for risk, mental state, and consent to risk. As a result, they are dramatically over- and underinclusive and stigmatize individuals living with HIV. Criminalization should be limited to circumstances in which a defendant exposed her partner to a substantial degree of unassumed risk and did so with a …

Introduction: Emerging Paradigms In Bioethics Symposium, Roger B. Dworkin

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

A Response To Beauchamp, David H. Smith

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Principles And Particularity: The Role Of Cases In Bioethics, John D. Arras

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Bioethics With A Human Face, Carl E. Schneider

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Posthumous Reproduction, John A. Robertson

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Society And The Balance Of Professional Dominance, And Patient Autonomy In Medical Care, Bernice A. Pescosolido

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Principals And Other Emerging Paradigms In Bioethics, Tom L. Beauchamp

Indiana Law Journal

Symposium:Emerging Paradigms in Bioethics

Are Principles Ever Properly Ignored? A Reply To Beauchamp Or Bioethical Paradigms, Karen Hanson

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Narrative And Casuistry: A Response To John Arras, Richard B. Miller

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Posthumous Autonomy Revisited, Fred H. Cate

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Bioethics And Epistemology: A Response To Professor Arras, Susan H. Williams

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Problem Behavior: Pathology, Lawyers, And Referrals, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

Privileged Communications Between Psychiatrist And Patient, Manfred S. Guttmacher, Henry Weihofen

Indiana Law Journal

No abstract provided.

Vasectomy, C. Severin Buschmann

Indiana Law Journal

No abstract provided.