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Articles 331 - 347 of 347

Full-Text Articles in Juvenile Law

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond Jan 2000

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.

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The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein Jan 2000

The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

UF Law Faculty Publications

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …

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Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella Jan 1996

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.

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Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez Jan 1995

Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez

UIC Law Review

No abstract provided.

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Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field Jan 1995

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …

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Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum May 1994

Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum

Michigan Law Review

A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin

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Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia Jan 1994

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

Other Publications

The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view of this …

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Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter Jan 1993

Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter

Michigan Journal of Gender & Law

Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …

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Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer Jan 1991

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer

Law Faculty Articles and Essays

When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …

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A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl Jan 1990

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.

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Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan Jan 1989

Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan

Faculty Scholarship

Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …

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The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts Jan 1988

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

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Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt Jan 1985

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 …

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Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds Jan 1984

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.

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Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers Jan 1984

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …

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Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand Jul 1977

Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand

Indiana Law Journal

No abstract provided.

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Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires Apr 1973

Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires

Scholarly Works

The authors of this Article are concerned with sex-based discrimination in juvenile court laws. They first analyze those state laws that are sexually discriminatory and then explore the possibility of attacking these laws under the equal protection clause of the fourteenth amendment. Finally, the potential impact of the Equal Rights Amendment upon these laws is discussed.

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