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Full-Text Articles in Law

Brief Of Feminists For Life Of America, Professional Women's Network, Birthright, Inc., Legal Action For Women, As Amici Curiae In Support Of Respondents And Cross Petitioners - Planned Parenthood Of Southeastern Pennsylvania V. Casey, 112 S. Ct. 2791 (1992), David F. Forte, Keith A. Fournier, Christine Smith Torre, Theodore H. Amshoff, Mary Dice Grenen Apr 1992

Brief Of Feminists For Life Of America, Professional Women's Network, Birthright, Inc., Legal Action For Women, As Amici Curiae In Support Of Respondents And Cross Petitioners - Planned Parenthood Of Southeastern Pennsylvania V. Casey, 112 S. Ct. 2791 (1992), David F. Forte, Keith A. Fournier, Christine Smith Torre, Theodore H. Amshoff, Mary Dice Grenen

Law Faculty Briefs and Court Documents

Amici, representing women from all walks of life, are compelled by experience and conviction to advocate strongly that this Court reverse the vulnerable position of women caused by the lack of information given to women contemplating abortion. Amici respectfully urged this Court to affirm the ruling of the Court below, supporting the efforts of the women citizens of the Commonwealth of Pennsylvania to cause that government to exercise its police power to protect their health and safety by compelling the dissemination of the information necessary to make a fully informed decision.


Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak Jan 1989

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 Jan 1985

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 …


Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone Jan 1984

Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone

Cleveland State Law Review

I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …


Zoning Control Of Abortion Clinics, Jan Ryan Novak Jan 1979

Zoning Control Of Abortion Clinics, Jan Ryan Novak

Cleveland State Law Review

This note will address some of the issues involved when communities propose to use the zoning power to limit the exercise of the constitutionally protected abortion decision, focusing on abortion clinic regulations in Cleveland, Ohio, and comparing them to ordinances in three other cities.


Traumatic Miscarriage, Beryl W. Stewart Jan 1963

Traumatic Miscarriage, Beryl W. Stewart

Cleveland State Law Review

Attorneys are confronted by an ever increasing amount of litigation concerning miscarriage occasioned by physical and physic trauma. The proof and evaluation of the proximate cause of miscarriage is perplexing. The subject of miscarriage is not a matter of common knowledge, hence the members of the jury are not competent to determine, without expert testimony, whether trauma is the proximate cause of the miscarriage. To add to the burden of proof, the courts have not always adhered to correct medical terminology. But it is particularly important that the correct terms be employed, and expert testimony must be given by competent …