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Full-Text Articles in Law

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson Jun 2013

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson

marla j ferguson

The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …


Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero Jan 2013

Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero

Indra Lusero

With millions of women experiencing primary c-sections every year, millions more face repeat surgery for subsequent births. Because of hospital bans on vaginal birth after cesarean (VBAC), many of these women will have no option to give birth vaginally. Women are looking for remedies to this invasion of their right to informed consent. This article explores the two main avenues for making a torts claim against the hospital for such a ban: corporate negligence and vicarious liability. Through an exploration of the relevant case law in these areas, the significant opportunities and challenges of tort remedies for hospital VBAC bans …


From Absence To Presence: A Critique Of Intersex Surgeries (Co-Authored With Maayan Sudai And Or Shai) (Hebrew), Sagit Mor Jan 2013

From Absence To Presence: A Critique Of Intersex Surgeries (Co-Authored With Maayan Sudai And Or Shai) (Hebrew), Sagit Mor

Sagit Mor

This is the first Article in Israeli legal scholarship that addresses the rights of intersex persons, who were born with "a reproductive or sexual anatomy that doesn’t seemto fit the typical definitions of female or male" (INSA). The common practice in most Western countries today is to operate intersex infants in order to assign them to one of the “conventional” sexes: either male or female. The Article lays the foundations for an intersex critique of law that supports the rights of intersex persons and lays out the ground for the critique of the current legal arrangement and the design of …


New York Law Of Domestic Violence, Deseriee Kennedy Dec 2012

New York Law Of Domestic Violence, Deseriee Kennedy

Deseriee A. Kennedy

NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., is a comprehensive 2-volume, 7-chapter, hardbound treatise published by West (Thomson-Reuters). The treatise is the seminal authority on domestic violence in New York State covering New York State laws and relevant U.S. Supreme Court cases. The authors of the book are Professor Breger (Albany Law School, Albany, NY), Professor Kennedy (Touro School of Law, Central Islip, NY), Jill M. Zuccardy, Esq. (New York City), and now retired Judge Lee Hand Elkins (formerly Brooklyn Family Court). The treatise and its authors have been cited as authority repeatedly by trial and appellate courts, as …