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Full-Text Articles in Law
Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner
Journal of Law and Health
Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …
Legal And Health Risks Of Abortion Criminalization: State Policy Responses In The Immediate Aftermath Of Dobbs, Adrienne R. Ghorashi, Deanna Baumle
Legal And Health Risks Of Abortion Criminalization: State Policy Responses In The Immediate Aftermath Of Dobbs, Adrienne R. Ghorashi, Deanna Baumle
Journal of Law and Health
Major changes to the landscape of abortion law and service delivery have rapidly proliferated since the Supreme Court’s decision in Dobbs, in some cases overnight. Using legal epidemiology methods, the authors of this Article and a team of researchers created a legal dataset that identifies and tracks state laws impacting abortion access in the months immediately following the Dobbs ruling. This Article explores the dataset's findings, detailing changes in abortion laws including abortion bans and related penalties, interstate shield laws, and data privacy protections, from June 1, 2022 through January 1, 2023. While several states moved quickly to restrict …
Transcript: The Future Of Ivf Post Dobbs, Rebecca Feinberg
Transcript: The Future Of Ivf Post Dobbs, Rebecca Feinberg
Journal of Law and Health
The following is a transcription from The Healthcare and Privacy Law Consequences Following Dobbs presented at Cleveland State University College of Law by The Journal of Law & Health on February 17, 2023. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.
International Law And The Legalization Of Abortion In Northern Ireland, Emily Uterhark
International Law And The Legalization Of Abortion In Northern Ireland, Emily Uterhark
Journal of Law and Health
On July 24, 2019, the Parliament of the United Kingdom passed an act that included an amendment requiring Northern Ireland to implement recommendations from the Committee on the Elimination on Discrimination Against Women. The amendment required Northern Ireland to repeal the 1861 abortion act and requires the decriminalization of abortion. The law went into effect on October 22, 2019, since the Northern Ireland power-sharing government (Stormont) did not reconvene before October 21, 2019. Since the law did go into effect, it gave women the right to obtain abortions under the CEDAW recommendations; however, when the Northern Irish government (Stormont) reconvenes, …
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Journal of Law and Health
On March 7, 2014, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled “Issues of Reproductive Rights: Life, Liberty, and the Pursuit of Policy” in response to recent developments in the regulation of women’s reproductive rights. The discussion about women’s reproductive rights has expanded far beyond the morality of abortion and right to privacy, established by the United States Supreme Court in Roe v. Wade, and has been complicated by new technology, statutory developments, and case law discussing the nature of a corporation. The symposium presenters addressed key legal developments in each stage of …
Reproductive Justice, Public Policy, And Abortion On The Basis Of Fetal Impairment: Lessons From International Human Rights Law And The Potential Impact Of The Convention On The Rights Of Persons With Disabilities, Carole J. Petersen
Journal of Law and Health
This article argues that we should consider not only American constitutional law but also comparative law and emerging international human rights norms, in order to navigate the difficult issue of abortion on the basis of fetal impairment. The United States is a State Party to the International Covenant on Civil and Political Rights (ICCPR)13 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It is also a signatory (but not a full State Party) to several other relevant treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the …
Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie
Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie
Journal of Law and Health
Laws mandating disclosure of particular information are known as informed consent laws. They exist primarily in the area of reproductive health and most often apply to women seeking abortion. This article discusses the legal and ethical issues that arise when lawmakers decide what patients must be told before they can access certain medical procedures. Part II examines some of the ethical implications of informed consent laws. Physicians have a duty to obtain a patient's informed consent before acting. Part III discusses legal concerns raised by informed consent laws. These include the First Amendment free speech rights of physicians and patients' …
The Right Of Refuse: A Call For Adequate Protection Of A Pharmacist's Right To Refuse Facilitation Of Abortion And Emergency Contraception, Donald W. Herbe
The Right Of Refuse: A Call For Adequate Protection Of A Pharmacist's Right To Refuse Facilitation Of Abortion And Emergency Contraception, Donald W. Herbe
Journal of Law and Health
The purpose of this Note is not to argue for or against either the pro-life or pro-choice positions. The purpose of this Note is to shed light on a serious moral dilemma that faces many pharmacists today, to call for universal acceptance in the pharmacy profession of a right of conscience, and to suggest adequate state and national legislative measures that would protect and prevent pharmacists from having to act contrary to their basic moral convictions. Section I provides background regarding present day abortive and contraceptive drug therapies and the role of the pharmacist in providing such medications. Section II …
Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller
Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller
Journal of Law and Health
This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Journal of Law and Health
I propose that a woman who becomes pregnant with the intent to abort will be treated as an initial aggressor, and as such she will be denied the "abortion exception" that will be granted to the woman who aborts an accidental, unwanted pregnancy. Moreover, I shall argue that a woman should not be allowed to designate the donee of the fetal tissue from her abortion, even though her pregnancy was accidental. Without this restriction, a woman who intends to become pregnant and abort may simply claim her pregnancy was accidental, and thereby claim the exception. Central to this study is …
Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak
Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak
Journal of Law and Health
While fetal tissue implants have the potential to offer relief to several million Americans, these two scenarios are examples of the many legal and ethical issues surrounding the technology. Currently, the use of fetal tissue is loosely regulated by an assortment of laws, many of which were enacted before the therapeutic use of fetal tissue was even conceived as a possibility. At the time many of the regulations governing fetal tissue use were developed, the primary goal of the regualtions was to prevent the exploitation and sale of aborted fetuses following the Supreme Court's decision in Roe v. Wade. Had …
Medical Authority And Infanticide, Patrick A. Malone
Medical Authority And Infanticide, Patrick A. Malone
Journal of Law and Health
This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …