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Full-Text Articles in Law
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
Law Faculty Articles and Essays
This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.
Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark
Surgery By An Unauthorized Surgeon As A Battery, Thomas Lundmark
Journal of Law and Health
This article examines the policy issues behind the doctrine of informed consent and reviews the decisional law and policies on the topic of ghost surgery. Jury instructions employed in California are also addressed. The author concludes that substitution of surgeons should not automatically prompt liability for a battery. The public policy behind the informed consent doctrine is to favor patients' self-determination over the doctor's paternalism. Imposition of liability for battery in a case where the defendant does not knowingly deviate from the consent is not necessary to effectuate this purpose.
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 …