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Articles 721 - 750 of 821
Full-Text Articles in Health Law and Policy
Zeneca Pharmaceutical, Inc. V. Eli Lilly: Are Women Being Misled At The Cost Of Their Health?, Suzanne Hill
Zeneca Pharmaceutical, Inc. V. Eli Lilly: Are Women Being Misled At The Cost Of Their Health?, Suzanne Hill
Buffalo Women's Law Journal
No abstract provided.
Abortion Policies In Different States, Irene Chiu
Abortion Policies In Different States, Irene Chiu
Buffalo Women's Law Journal
No abstract provided.
Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley
Buffalo Women's Law Journal
No abstract provided.
Mandatory Reporting Of Domestic Violence: An Inappropriate Response For New York Health Care Professionals, Mia M. Mcfarlane
Mandatory Reporting Of Domestic Violence: An Inappropriate Response For New York Health Care Professionals, Mia M. Mcfarlane
Buffalo Public Interest Law Journal
No abstract provided.
Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young
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.
Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri
Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri
Faculty Publications
This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
University of Michigan Journal of Law Reform
Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …
Unshackling Black Motherhood, Dorothy E. Roberts
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 …
Women And Hiv: The Barriers To Protection, J. P. Howlett
Women And Hiv: The Barriers To Protection, J. P. Howlett
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek
Michigan Journal of Gender & Law
This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.
Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson
Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson
Faculty Scholarship
In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …
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 …
Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg
Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
The Doctrine Of Informed Consent And Women: The Achievement Of Equal Value And Equal Exercise Of Autonomy, Lisa Napoli
The Doctrine Of Informed Consent And Women: The Achievement Of Equal Value And Equal Exercise Of Autonomy, Lisa Napoli
American University Journal of Gender, Social Policy & the Law
No abstract provided.
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
Articles, Book Chapters, & Popular Press
Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Cardozo Journal of Equal Rights & Social Justice
The article argues against mandatory HIV screening for newborns, asserting that the benefits of early detection do not justify the infringement on mothers' legal rights and privacy. Proponents overemphasize medical benefits and underestimate the impact on maternal rights and care roles.
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
Cardozo Journal of Equal Rights & Social Justice
The article examines the constitutional implications of mandatory HIV testing for newborns, arguing that such policies infringe upon women's rights under the Fourteenth Amendment. It critiques two proposed bills for being overly intrusive and not narrowly tailored, advocating instead for voluntary testing and counseling to balance public health with individual rights.
Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper
Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper
Faculty Scholarship
The debate surrounding mandatory HIV testing of newborns and pregnant women requires an understanding of the historical context of women in the epidemic. Although the epidemic first was recognized in gay men in 1981, anecdotal reports reveal that women already were dying from what seems to have been HIV-related symptomatology. Indeed, in Gena Corea's book, The Invisible Epidemic, we learn that, as early as 1981, not insignificant numbers of drug-using and former drug-using women were falling ill and not recovering from conditions that normally are not fatal, including bacterial pneumonia. Yet, because we did not necessarily expect these populations to …
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe
Campbell Law Review
What is the status of a fetus in North Carolina? This the primary question addressed by Mr. Hartsoe as he analyzes and critiques the case law and statutory enactments which deal with this question. While there is some case law and statutory authority on point, Mr. Hartsoe concludes that there is an overall paucity of law which defines the legal status of a fetus and, furthermore, the law that does exist is inconsistent. As such, Mr. Hartsoe examines the legal status of a fetus in North Carolina in the areas of wrongful death, prenatal injury, criminal law, wrongful life, wrongful …
Rights, Refuge Women And Reproductive Health Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lauren Gilbert
American University Law Review
No abstract provided.
Reclaiming The African Woman's Individuality: The Struggle Between Women's Reproductive Autonomy And African Society And Culture Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Fitnat Naa-Adjeley Adjetey
Reclaiming The African Woman's Individuality: The Struggle Between Women's Reproductive Autonomy And African Society And Culture Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Fitnat Naa-Adjeley Adjetey
American University Law Review
No abstract provided.
Right To Information Necessary For Reproductive Health And Choice Under International Law, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Sandra Coliver
American University Law Review
No abstract provided.
Inter-American System: Opportunities For Women's Rights, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Claudio Grossman
American University Law Review
No abstract provided.
Remarks Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Anne Tierney Goldstein
Remarks Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Anne Tierney Goldstein
American University Law Review
No abstract provided.
Transcript: Panel Discussion On Religious &(And) Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , American University Law Review
Transcript: Panel Discussion On Religious &(And) Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , American University Law Review
American University Law Review
No abstract provided.
Draft Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women Conference On The Interventional Protection Of Reproductive Rights , Women In The Law Project, International Human Rights Law Group,And The Maastricht Centre For Human Rights Law
Draft Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women Conference On The Interventional Protection Of Reproductive Rights , Women In The Law Project, International Human Rights Law Group,And The Maastricht Centre For Human Rights Law
American University Law Review
No abstract provided.