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Articles 241 - 269 of 269
Full-Text Articles in Law
The "Baby Aids" Bill, Nettie Mayersohn
The "Baby Aids" Bill, Nettie Mayersohn
Fordham Urban Law Journal
Assemblywoman Mayersohn first explains the reasons behind her support for the so-called “Baby AIDS” bill; namely, that over one thousand babies in New York State tested positive for AIDS or HIV antibodies every year but medical professions were not allowed to reveal the results to anyone, including the mother. After the introduction of the bill, the author details how she received criticism and opposition from activist organizations that she had previously supported. In conclusion, the “Baby AIDS” bill is a success because it no longer treated infected infants as some sort of statistical tool and ensures the infants receive the …
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Bioethical Consideration Of Maternal-Fetal Issues, Linda Farber Post
Fordham Urban Law Journal
The relationship between a pregnant woman and her fetus is unlike any other in law, medicine, or ethics. This Article examines the complexity of the maternal-fetal conflict, focusing on the interests of the woman and the sometimes conflicting interests of her fetus. Part I discusses the typical analytical background of the conflict, explaining the various ethical principles, rights, and obligations involved such as autonomy, beneficence and nonmaleficence, and justice. Part II explores the various choices made by the pregnant woman, as well as the state’s attempts to regulate those choices on behalf of the fetus. This Article concludes that, while …
Physician-Assisted Suicide: Rights And Risks To Vulnerable Communities, Benjamin C. Zipursky
Physician-Assisted Suicide: Rights And Risks To Vulnerable Communities, Benjamin C. Zipursky
Fordham Urban Law Journal
In this Introduction, the author discusses the recent Supreme Court decisions Washington v. Glucksberg and Vacco v. Quill. On one hand, several panel contributors hold the position that one should have the right to control one’s own death, which is rooted in autonomy, liberty, and equality. Scholarly voices on the other side of the debate, including four panel members, believe that the legalization of physician-assisted suicide would create intolerable risks, particularly to those in the community who are the most vulnerable: the poor, the elderly, and the mentally and physically disabled.
Mental Illness, Physical Illness, And The Legalization Of Physician-Assisted Suicide, Ellen H. Moskowitz
Mental Illness, Physical Illness, And The Legalization Of Physician-Assisted Suicide, Ellen H. Moskowitz
Fordham Urban Law Journal
This Article explores the oftentimes mistaken notion that we can realistically identify severely ill individuals seeking physician-suicide who do so willingly, knowingly, and voluntarily. Medical science and medical practice support this proposition. To date, there exists no sound clinical basis for distinguishing suicidal patients with terminal conditions from suicidal patients without terminal conditions. Thus, it is a mistake to posit a reasonably identifiable patient population od adults with terminal diagnosis who can provide informed, voluntary consent to prescription lethal drugs. In practice, the medical community has failed to indentify and treat suicidal disorders. This Article concludes that suicide, including suicide …
Is There A Right To Physician-Assisted Suicide?, J. David Bleich
Is There A Right To Physician-Assisted Suicide?, J. David Bleich
Fordham Urban Law Journal
In Part I, the author explains that it is the adjudication between the conflicting claims of individual liberty, personal autonomy and self-determination versus the preservation of life as a societal value that is at the core of the issue posed by physician-assisted suicide. In Part II, author makes the case against suicide, noting that liberty is not absolute and the state retains powers of sovereignty to curtail an individual’s liberty in the face of a countervailing state interest. In Part III, the author discusses the relevant case law relating to the withdrawal of medical treatment. Part IV concludes with a …
Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel
Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel
Fordham Urban Law Journal
Part I examines the development of the law legalizing passively hastening death and how this development relied significantly on distinguishing passively hastening death from actively hastening death. Part II subjects the arguments used to legitimate passively hastening death to a traditional criminal law analysis and demonstrates their weaknesses which were simple to conceal when there was little enthusiasm for, and discussion of, the legalization of actively hastening death. The central role of consent in legitimating passively hastening death is analyzed in Part III. Although passively hastening death technically satisfies all of the elements of the crimes of assisted suicide and …
Physician-Assisted Suicide: Three Crucial Distinctions, Norton Spritz
Physician-Assisted Suicide: Three Crucial Distinctions, Norton Spritz
Fordham Urban Law Journal
In Part I discusses whether there is a sustainable distinction between withholding or withdrawing life-sustaining measures and physician-assisted suicide. By segregating those who choose to end their lives into two groups, albeit with considerable overlap, the state can exert its general interest in preserving life and preventing suicide where it has the greatest interest and justification for doing so. In Part II, the author explores whether we can maintain a distinction between the right of a patient to have his or her physician assist in suicide and a direct role of the physician in various forms of euthanasia. Next, the …
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Flemming
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Flemming
Fordham Urban Law Journal
The author first explains that he will argue for the constitutional right to die, including the right of terminally ill persons to physician-assisted suicide. It would be a constitutional tragedy otherwise because it would entail that the Constitutional sanctions a horrible form of tyranny and that the Constitution allows citizens to author their own tragic endings. In the final part of the essay, the author responds to some common arguments against the constitutional right to physician-assisted suicide. While there may be some merits to the opposition arguments, none provides a good constitutional argument against recognizing a right to die. In …
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory
Fordham Urban Law Journal
This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …
Does Law Teaching Have Meaning? Teaching Effectiveness, Gauging Alumni Competence, And The Maccrate Report, Daniel Gordon
Does Law Teaching Have Meaning? Teaching Effectiveness, Gauging Alumni Competence, And The Maccrate Report, Daniel Gordon
Fordham Urban Law Journal
This Article examines law school teaching evaluation techniques and probes the use of a law school alumni survey to measure teaching effectiveness. The Article focuses on a survey of St. Thomas University School of Law graduates. The Article also examines teaching effectiveness in the context of the MacCrate Report and the so called gaps between legal education and law practice it identified. The Article argues that the MacCrate Report was incomplete in its coverage of teaching effectiveness, and that much of the discord it created can be overcome by focusing on teaching effectiveness.
New York Lifts Death Tax Penalty, Nancy O'Hagan
New York Lifts Death Tax Penalty, Nancy O'Hagan
Fordham Urban Law Journal
New York State replaced its estate tax and repealed its gift tax. This Article will trace the history of the New York State gift and estate taxes, explain the burden they imposed upon New York State residents in relation to other states, and examine the recent legislation in New York State which will gradually eliminate such inequities.
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Fordham Urban Law Journal
Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …
Informed Consent To Human Subject Research: Improving The Process Of Obtaining Informed Consent From Mentally Ill Persons, Dorothy Derrickson
Informed Consent To Human Subject Research: Improving The Process Of Obtaining Informed Consent From Mentally Ill Persons, Dorothy Derrickson
Fordham Urban Law Journal
This Note demonstrates that the federal regulations regarding human subject research must provide more specific guidelines that emphasize the process of obtaining informed consent from persons with mental illnesses. Part I discusses schizophrenia as a case example of mental illness that requires more stringent informed consent standards in human subject research. Part II describes the legal foundations of informed consent to human experimentation and the current federal regulations for human subject research. Part III examines the inadequacy of current federal regulations for mentally ill research subjects and proposes revisions to ensure that mentally ill persons provide adequate informed consent to …
Telemedicine Today And Tomorrow: Why "Virtual" Privacy Is Not Enough, Christina M. Rackett
Telemedicine Today And Tomorrow: Why "Virtual" Privacy Is Not Enough, Christina M. Rackett
Fordham Urban Law Journal
This Note demonstrates the need for federal telemedicine legislation that provides uniform confidentiality protection for all telemedicine patients. Part I details the use of telemedicine and outlines the link between telemedicine and privacy issues. Part II discusses current federal and state privacy law, emphasizing the laws that protect medical information. Part III argues that federal telemedicine legislation is necessary to safeguard the confidentiality of patients' medical records and proposes a uniform law that protects the privacy of telemedicine patients in every state. This Note concludes that without federal legislation, telemedicine will wither, along with isolated patients' hopes of one day …
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
Fordham Law Review
No abstract provided.
Practice Of Faith, Martin S. Flaherty
Fidelity As Integrity: Colloquy
A Few Thoughts On Constitutionalism, Textualism, And Populism, Akhil Reed Amar
A Few Thoughts On Constitutionalism, Textualism, And Populism, Akhil Reed Amar
Fordham Law Review
No abstract provided.
Fidelity Through History (Or Do It), Jack N. Rakove
Fidelity Through History (Or Do It), Jack N. Rakove
Fordham Law Review
No abstract provided.
Fidelity To History--And Through It, Larry Kramer
Fidelity To History--And Through It, Larry Kramer
Fordham Law Review
No abstract provided.
Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman
Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman
Fordham Law Review
No abstract provided.
Does The Constitution Deserve Our Fidelity: Colloquy
Does The Constitution Deserve Our Fidelity: Colloquy
Fordham Law Review
No abstract provided.
The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon
The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon
Fordham Law Review
No abstract provided.
A Derivatives Dilemma: The Treasury Amendment Controversy And The Regulatory Status Of Foreign Currency Options, Thomas A. Tormey
A Derivatives Dilemma: The Treasury Amendment Controversy And The Regulatory Status Of Foreign Currency Options, Thomas A. Tormey
Fordham Law Review
No abstract provided.
Border Patrol: Reflections On The Turn To History In Legal Scholarship, Laura Kalman
Border Patrol: Reflections On The Turn To History In Legal Scholarship, Laura Kalman
Fordham Law Review
No abstract provided.
Common Law Theories Of Liability In Derivatives Litigation, Aaron Rubinstein
Common Law Theories Of Liability In Derivatives Litigation, Aaron Rubinstein
Fordham Law Review
No abstract provided.
Foreword, Alan N. Rechtschaffen
Sense And Nonsense About Customary International Law: A Response To Professors Bradley And Goldsmith, Gerald L. Neuman
Sense And Nonsense About Customary International Law: A Response To Professors Bradley And Goldsmith, Gerald L. Neuman
Fordham Law Review
No abstract provided.
Representing Police Officers And Municipalities: A Conflict Of Interest For A Municipal Attorney In A 1983 Police Misconduct Suit, Nicole G. Tell
Representing Police Officers And Municipalities: A Conflict Of Interest For A Municipal Attorney In A 1983 Police Misconduct Suit, Nicole G. Tell
Fordham Law Review
No abstract provided.