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Full-Text Articles in Law
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
University of Michigan Journal of Law Reform
President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …
The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus
The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus
University of Michigan Journal of Law Reform
In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.
A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown
A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown
University of Michigan Journal of Law Reform
Professor Brown argues that unemployment insurance laws should be amended to provide coverage to otherwise eligible, pregnant claimants. Under current law, women who quit because of pregnancy are either disqualified from receiving unemployment benefits altogether or qualify only after childbirth. Those who are fired, meanwhile, often either cannot prove the motivation for their discharge or discover that they are disqualified because of their unavailability for work. Professor Brown uses a case study to illustrate the problems posed by pregnancy and unemployment insurance. He proposes model legislation that extends coverage to all pregnant claimants who temporarily separate from their employment.
Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms
Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms
Michigan Journal of Race and Law
In her article, "The Black Community," Its Lawbreakers, and a Politics of Identification, Professor Regina Austin proposes a paradigm to move the Black community beyond a "manifestation of a nostalgic longing for a time when blacks were clearly distinguishable from whites and concern about the welfare of the poor was more natural than our hairdos.” Austin's politics of identification provides the conceptual framework through which the Black community can reconstitute itself in accordance with its own principles, which may or may not be those embraced by the mainstream. This article considers Professor Regina Austin’s politics of identification as practiced by …