Health Law and Policy Commons^™

Professional Power And Judicial Review: The Health Professions, William A. Kaplin

Scholarly Articles

The recent wave of public concern about health care has precipitated a trend toward public scrutiny of professional standards. This trend has created a tension in the system which is prompting a redefinition of the role of professionalism within the health care system, as well as a rethinking of governmental and public roles in the system's operation. Courts and legislatures, the ultimate propounders of public policy, can play a crucial role in this redefinition and rethinking. As policy makers and interest groups have sought firmer handholds on the professionally dominated standard-setting processes, the demands on courts and legislatures to scrutinize …

Manipulating The Genetic Code: Jurisprudential Conundrums, George P. Smith Ii

Scholarly Articles

This article considers the scientific, legal, ethical, and social issues of the Brave New World of Biotechnology as they existed in 1976 and as they exist — interestingly — today. Central to these issues (e.g., in vitro fertilization, genetic planning) presented in historical context, is consideration of the extent to which freedom of scientific investigation should be allowed and even encouraged by the government. In order to shape normative standards of conduct from which ethical constructs can be developed and policy developed, scientific experimentation must be promoted and designed to safeguard the common good — this, by enhancing opportunities for …

For Unto Us A Child Is Born, Legally, George P. Smith Ii

Scholarly Articles

Both courts and legislatures have been loath to establish law in the field of human artificial insemination.

As a result, the danger of criminal prosecution and the uncertainties of a legal vacuum face couples who must turn to artificial insemination to create a family. But the dark corner may have been turned, for one court decision and recent statutes in two states offer hope.

Artificial Insemination: No Longer A Quagmire, George P. Smith Ii

Scholarly Articles

With the recent decision in People v. Sorenson, a significant departure in ritualistic thinking in the area of domestic relations was signaled when it was determined that if a consenting husband allows an act of artificial insemination to be performed on his wife, and the positive result of the act is a child, the husband is-accordingly-liable for the child's support. No social stigma of illegitimacy will be imprinted on the child and no question of adultery can be raised as to the wife and donor or doctor.

Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii

Scholarly Articles

Although written forty-four years ago, this article provides a foundational analysis of the then-nascent beginnings of the legalization of artificial insemination from the judicial posture taken by the state of California to the legislative stance of Oklahoma. Analyzing the consequences of artificial insemination by a donor (A.I.D.) and by a woman’s husband (A.I.H.), the consequences of these procedures on family law — and especially illegitimacy — inheritance, and adultery, are studied and evaluated.

In order to provide some degree of stability and predictability to this obviously contentious area within Law, Science, and Medicine, this article urges measured experimentation in genetics …

Private Etsel’S Million Dollar Accident, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.