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Full-Text Articles in Law
Shaping Parental Authority Over Children's Bodies, Alicia Ouellette
Shaping Parental Authority Over Children's Bodies, Alicia Ouellette
Indiana Law Journal
In the health-care setting, parental decisions to size, shape, sculpt, and mine children's bodies through the use of nontherapeutic medical and surgical interventions are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for medical decision making for children. Focusing on cases involving eye surgery, human growth hormone, liposuction, and growth stunting, I argue that by allowing parents to subordinate their children's interests to their own, the current paradigm distorts the parent-child relationship and objectifies children in violation of the moral principle, deeply embedded …
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
Indiana Law Journal
No abstract provided.