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Full-Text Articles in Law

Moral Discourse, Bioethics, And The Law, Carl E. Schneider Nov 1996

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …


Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996 Oct 1996

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 1996 Jul 1996

Mid-Atlantic Ethics Committee Newsletter, Summer 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Feminism, Law, And Bioethics, Karen H. Rothenberg Jan 1996

Feminism, Law, And Bioethics, Karen H. Rothenberg

Faculty Scholarship

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …


Mid-Atlantic Ethics Committee Newsletter, Winter 1996 Jan 1996

Mid-Atlantic Ethics Committee Newsletter, Winter 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law And Ignorance: Genetic Therapy And The Legal Process, Roger B. Dworkin Jan 1996

Law And Ignorance: Genetic Therapy And The Legal Process, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


The Law And Ethics Of Organ Sales, Keith N. Hylton Jan 1996

The Law And Ethics Of Organ Sales, Keith N. Hylton

Faculty Scholarship

The proposed solutions to my hair supply hypothetical, transfer of property and reliance on altruism, are essentially the only two solutions formally adopted in response to the real world "organ supply" problem.' Because of the shortcomings of these solutions, a number of commentators, myself among them, 2 have suggested the allowance of some limited commerce in body parts. This solution can be seen as a compromise between the extremes of transferring property rights and relying entirely on altruism. Property rights are maintained under the market system because anyone who wants the body part of another must gain the consent of …


Choice, Conscience, And Context, Mary Crossley Jan 1996

Choice, Conscience, And Context, Mary Crossley

Articles

Building on Professor Michael H. Shapiro's critique of arguments that some uses of new reproductive technologies devalue and use persons inappropriately (which is part of a Symposium on New Reproductive Technologies), this work considers two specific practices that increasingly are becoming part of the new reproductive landscape: selective reduction of multiple pregnancy and prenatal genetic testing to enable selective abortion. Professor Shapiro does not directly address either practice, but each may raise troubling questions that sound suspiciously like the arguments that Professor Shapiro sought to discredit. The concerns that selective reduction and prenatal genetic screening raise, however, relate not to …