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Articles 601 - 630 of 667

Full-Text Articles in Health Law and Policy

Herd Behavior In Designer Genes, Peter H. Huang Jan 1999

Herd Behavior In Designer Genes, Peter H. Huang

Publications

The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …

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Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus Jan 1998

Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young Jan 1998

Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Guardianships And Conservatorships, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch Oct 1997

Guardianships And Conservatorships, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch

Oregon Law Institute, 1997

Course Materials from the October 10, 1997 Program in Portland

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Unshackling Black Motherhood, Dorothy E. Roberts Feb 1997

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

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Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie Jan 1997

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

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Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys Jan 1996

Intercountry Adoption: A Need For Mandatory Medical Screening, Darya P. Jeffreys

Journal of Law and Health

Despite the numerous benefits of intercountry adoption, most families do not consider the possible health ramifications. Since adoptive parents are unsuspecting of ailments associated with foreign countries, a complete pediatric examination is a must after receiving the foreign adoptee. Such a pediatric examination will be effective when it is uniform and thorough, but without such an examination both parents and physicians remain in the dark about the child's health. Congress ought to amend the Immigration and Nationality Act (INA) to require a standard pediatric examination for all foreign adoptees, regardless of the country of origin, as a condition to approval …

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Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos Jan 1996

Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos

Loyola University Chicago Law Journal

No abstract provided.

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Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall Jan 1996

Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall

University of Richmond Law Review

In today's world of increasingly sophisticated reproductive technologies which offer once infertile couples the chance to have their own child, one wonders what wisdom King Solomon would provide in a conflict involving a woman hired to bear another couple's child. This paper explores such a situation.

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The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Jan 1996

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

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A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt Aug 1995

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Michigan Law Review

This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …

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A Rejoinder, Larry I. Palmer Oct 1994

A Rejoinder, Larry I. Palmer

Faculty Publications

No abstract provided.

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Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy Oct 1994

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

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The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf Mar 1994

The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf

University of the District of Columbia Law Review

In 1990, in the District of Columbia, over 27,000 children under the age of eighteen, or 23.4% of all children, were living in the care of an adult other than their parent or a foster parent.3 This was a thirty percent increase from the 1980 data for the District of Columbia.4 Nationally, over the past decade, these figures increased sixteen percent.0 Today, for adult relatives, primarily grandmothers, aunts, and close family friends, who step in to raise the children of their relatives or friends, private kinship caregiving is both a legacy and a matter of survival for the next generation.'

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The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg Jan 1994

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

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Improving Access To Nonidentifying Medical Data In Florida Adoptions: A Call For Legislation, Laura Methvin Jan 1994

Improving Access To Nonidentifying Medical Data In Florida Adoptions: A Call For Legislation, Laura Methvin

Florida State University Law Review

No abstract provided.

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Implementation Of The Family And Medical Leave Act: Toward The Family-Friendly Workplace, Claudia Withers Jan 1994

Implementation Of The Family And Medical Leave Act: Toward The Family-Friendly Workplace, Claudia Withers

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Under Age: A Minor's Right To Consent To Health Care, Nancy Batterman ,Esq. Jan 1994

Under Age: A Minor's Right To Consent To Health Care, Nancy Batterman ,Esq.

Touro Law Review

No abstract provided.

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Comments: Prenatal Substance Abuse: A Call For Legislative Action In Maryland, Mary J. Pizzo Jan 1993

Comments: Prenatal Substance Abuse: A Call For Legislative Action In Maryland, Mary J. Pizzo

University of Baltimore Law Review

No abstract provided.

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Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr. Jan 1993

Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.

Faculty Publications

Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …

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Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey Jan 1993

Assisted Conception And Surrogacy - Unfinished Business, 26 J. Marshall L. Rev. 775 (1993), Keith J. Hey

UIC Law Review

No abstract provided.

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Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson Jan 1993

Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson

Seattle University Law Review

This Comment argues that if RU-486 were approved as a postcoital contraceptive rather than as an abortifacient, the drug would be of greater overall benefit to women seeking to control their fertility. To support the argument that RU-486 should be approved as a postcoital contraceptive, Part II of this Comment examines the background and development of the drug, the controversy it has engendered, and the drug's recently discovered contraceptive potential. Part III provides a short look at the process by which the FDA approves new drugs and discusses how RU-486 would likely progress through this process. Part IV begins by …

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Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …

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The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche Jan 1992

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …

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Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers Jan 1992

Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers

Articles

Here are two stories. They are of the quite different ways that domestic partnerships of lesbian and gay couples have come to be recognized, for some purposes, in San Francisco and New York City. I tell the stories for their own sake, but with a particular focus on the role that AIDS played in the political process in each city.

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Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer Nov 1991

Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer

University of Miami Law Review

No abstract provided.

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Reproduction With Technology: The New Eugenics, Margaret Phillips Apr 1991

Reproduction With Technology: The New Eugenics, Margaret Phillips

In the Public Interest

No abstract provided.

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Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith Jan 1991

Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith

UIC Law Review

No abstract provided.

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Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels Jan 1991

Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels

UIC Law Review

No abstract provided.

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American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell Jan 1991

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.

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