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Articles 811 - 829 of 829
Full-Text Articles in Health Law and Policy
Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith
Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith
North Carolina Central Law Review
No abstract provided.
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Seattle University Law Review
The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Journal Articles
In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Seattle University Law Review
This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.
Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman
Legal Implications Of Human In Vitro Fertilization For The Practicing Physician In North Carolina, Roger B. Bernholz, G. Nicholas Herman
Campbell Law Review
Discussed in this article is the current federal and North Carolina law that bears upon IVF, the potential criminal and tort liabilities that should be of concern to the IVF practitioner, and the recourses available to the IVF practitioner for protection against liability in the course of this practice. In appropriate circumstances, the law of other American jurisdictions is drawn upon.
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably
Articles
No abstract provided.
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Law Faculty Scholarly Articles
Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …
In Defense Of Surrogate Parenting: A Critical Analysis Of The Recent Kentucky Experience, John W. Phillips, Susan D. Phillips
In Defense Of Surrogate Parenting: A Critical Analysis Of The Recent Kentucky Experience, John W. Phillips, Susan D. Phillips
Kentucky Law Journal
No abstract provided.
Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii
Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii
Indiana Law Journal
No abstract provided.
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Journal Articles
The US Supreme Court’s 1973 and the German Federal Constitutional Court’s 1975 decisions on abortion provide us with an uncommon opportunity to compare the constitutional law of different nations on the issue. The two courts took opposing stances in their decisions. The US Supreme Court substantially curtailed the power of American states to limit abortion while the German court ruled that an existing statute that permitted abortion within the first three months of pregnancy violated the rights of unborn children. These opinions can be explained by the different political contexts of the two nations and different perceptions on judicial intervention …
Viability And Abortion, Chris Macaluso
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Journal Articles
It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
Buffalo Law Review
No abstract provided.
Abortion And Legal Rationality, John M. Finnis
Abortion And Legal Rationality, John M. Finnis
Journal Articles
This article concerns the legitimacy of various legal schemes for dealing with abortion. Legitimacy in one sense is secured simply by complying with the formal criteria for valid law-making: enactment within power and in due form. But jurists have learned (or re-learned) that more can be said about legitimacy, without betraying the purity of their discipline by moralizing and advocacy. From this development in jurisprudential thought emerges the range of questions and criteria deployed in the present study.
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
The Law Of Criminal Abortion: An Analysis Of Proposed Reforms
The Law Of Criminal Abortion: An Analysis Of Proposed Reforms
Indiana Law Journal
No abstract provided.