Open Access. Powered by Scholars. Published by Universities.®

Medical Jurisprudence Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 121 - 150 of 191

Full-Text Articles in Medical Jurisprudence

Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes Jan 2008

Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng Jan 2008

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …


Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler Jan 2008

Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler

Cardozo Journal of Equal Rights & Social Justice

The article argues that eugenic ideologies did not disappear from American law after World War II but instead evolved and were repackaged in response to shifting political and social norms. While the association with Nazi practices led to the decline of overtly coercive eugenic laws, eugenic principles persisted through new strategies, such as voluntary sterilization and population control initiatives. The article contends that the concept of reproductive choice became a key tool for redefining eugenic goals, allowing them to influence law and policy in more subtle ways.


Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love Jan 2008

Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love

Articles

No abstract provided.


Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman Nov 2007

Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman

Cardozo Law Review

No abstract provided.


A Final Plea For "Death With Dignity": A Proposal For The Modification And Approval Of The Assisted Dying For The Terminally Ill Bill In The United Kingdom, Lindsay Pfeffer Oct 2007

A Final Plea For "Death With Dignity": A Proposal For The Modification And Approval Of The Assisted Dying For The Terminally Ill Bill In The United Kingdom, Lindsay Pfeffer

Cardozo Journal of International and Comparative Law

Increasing respect for personal autonomy in health-related decision-making, major alterations in the assisted suicide laws of other European countries (especially Switzerland and the Netherlands), and the rising popularity of Swiss suicide clinics have introduced the need for the British legislature to reevaluate the United Kingdom's stance on assisted suicide and to adjust medical practices to contemporary social needs. The introduction and obstruction of a bill in the House of Lords for the legalization of physician-assisted suicide for terminally ill individuals has provoked opposition from the British medical community and serious concern on behalf of members of the government regarding the …


Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone May 2007

Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone

Cardozo Law Review

No abstract provided.


The Bioethics Of Prospective Parenthood: In Pursuit Of The Proper Standard For Gatekeeping In Infertility Clinics, Richard F. Storrow Apr 2007

The Bioethics Of Prospective Parenthood: In Pursuit Of The Proper Standard For Gatekeeping In Infertility Clinics, Richard F. Storrow

Cardozo Law Review

No abstract provided.


Winning The Battle, But Perhaps Losing The War: Endorsing Deregulation Of Emergency Contraception At The Expense Of Derogating Abortion, Melissa Bond Jan 2007

Winning The Battle, But Perhaps Losing The War: Endorsing Deregulation Of Emergency Contraception At The Expense Of Derogating Abortion, Melissa Bond

Cardozo Journal of International and Comparative Law

No abstract provided.


Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa Jan 2007

Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham Jan 2007

What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal system's inconsistent interpretation of what constitutes an "accident" in the context of accidental death insurance leads to confusion and inequitable outcomes, particularly in cases involving autoerotic asphyxiation. It advocates for federal regulation to standardize definitions and reduce discrepancies in court decisions.


A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura D. Hermer Jan 2007

A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura D. Hermer

Cardozo Journal of Equal Rights & Social Justice

The article critiques proposals to legally restrict cosmetic genital surgeries on intersex children, arguing that such bans are premature and counterproductive. It advocates for informed consent and caution, emphasizing the need for comprehensive information and support for parents rather than outright prohibition. The author contends that current data do not conclusively show these surgeries are ineffective or unethical and that banning them could hinder scientific research and set problematic precedents for other medical decisions.


States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr. Dec 2006

States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.

Cardozo Law Review

No abstract provided.


Whose Life Is It Anyway?, Kam C. Wong Oct 2006

Whose Life Is It Anyway?, Kam C. Wong

Cardozo Public Law, Policy & Ethics Journal

The article explores the complex ethical, legal, and societal dimensions of the right-to-die debate, emphasizing the need for a nuanced approach that moves beyond simplistic moral framing. It argues that the debate is inherently exploratory and tentative, shaped by cultural and personal values, and calls for a reassessment of existing perspectives to foster creative solutions. The central thesis underscores the inevitability of euthanasia as a societal issue and advocates for balanced policies that respect individual autonomy while addressing broader societal concerns.


Medical Torture: End Of Life Decision-Making In The United Kingdom And United States, Jon D. Feldhammer Oct 2006

Medical Torture: End Of Life Decision-Making In The United Kingdom And United States, Jon D. Feldhammer

Cardozo Journal of International and Comparative Law

The note examines the legal and ethical challenges surrounding end-of-life medical decisions in the United States and the United Kingdom, highlighting the failure of both countries to effectively implement patients' end-of-life plans. It argues that the current legal frameworks in both nations often lead to prolonged, painful, and futile medical treatments, violating patient dignity and human rights. The analysis critiques the lack of consensus on medical futility and proposes a legislative model to balance patient autonomy, physician discretion, and ethical medical practice.


Rabbinic Contestations Of Authority, Christine Hayes Oct 2006

Rabbinic Contestations Of Authority, Christine Hayes

Cardozo Law Review

No abstract provided.


"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet Oct 2006

"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet

Cardozo Law Review

No abstract provided.


Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz Apr 2006

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.


Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold Mar 2006

Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold

Cardozo Public Law, Policy & Ethics Journal

Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.


Empire State Injustice: Based Upon A Decade Of New Information, A Preliminary Evaluation Of How New York's Death Penalty System Fails To Meet Standards For Accuracy And Fairness, Sara Darehshori, Jeffrey L. Kirchmeier, Colleen Quinn Brady, Evan Mandery Mar 2006

Empire State Injustice: Based Upon A Decade Of New Information, A Preliminary Evaluation Of How New York's Death Penalty System Fails To Meet Standards For Accuracy And Fairness, Sara Darehshori, Jeffrey L. Kirchmeier, Colleen Quinn Brady, Evan Mandery

Cardozo Public Law, Policy & Ethics Journal

The article argues that New York's death penalty system requires significant reforms to address systemic flaws, particularly the risk of wrongful convictions and arbitrary sentencing. It emphasizes the need for the legislature to reexamine and revise the capital punishment framework in light of post-1995 research and recommendations from other states, such as Illinois and Massachusetts. The analysis highlights the importance of narrowing eligibility factors, improving procedural safeguards, and ensuring judicial discretion to prevent unjust outcomes.


Prescription Contraceptives And The Pharmacist's Right To Refuse: Examining The Efficacy Of Conscience Laws, Dennis Rambaud Mar 2006

Prescription Contraceptives And The Pharmacist's Right To Refuse: Examining The Efficacy Of Conscience Laws, Dennis Rambaud

Cardozo Public Law, Policy & Ethics Journal

The note examines the ethical and legal implications of pharmacists refusing to fill prescriptions for contraceptives based on moral or religious objections. It argues that existing legal protections under Title VII of the Civil Rights Act and professional standards already provide adequate safeguards for pharmacists, rendering additional conscience laws unnecessary. The analysis emphasizes the need to balance pharmacists' rights with patients' access to essential medications, highlighting concerns that conscience laws may hinder patient care without ensuring referrals to alternative providers.


Self-Determination In International Mediation: Some Preliminary Reflections, Jacqueline Nolan-Haley Jan 2006

Self-Determination In International Mediation: Some Preliminary Reflections, Jacqueline Nolan-Haley

Cardozo Journal of Conflict Resolution

Few concepts have generated as much discussion in the postwar international legal system as that of "self-determination." Scholars debate the proper identity of the "selves" endowed with this right, its boundaries and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components and is noticeably different in the private and public sectors.


Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez Jan 2006

Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee Jan 2006

Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee

Cardozo Journal of Conflict Resolution

This Note discusses the advantages and drawbacks of mandating participation in mediation in medical malpractice disputes. Part II of this Note reviews the extent of the current medical malpractice crisis. Part III examines litigation as the traditional means of resolving medical malpractice disputes and suggests that litigation's weaknesses eclipse any of its strengths. Part IV evaluates the lingering challenges to arbitration, accounting for its ineffectiveness in resolving medical malpractice disputes. Part V analyzes why mediation may be the better alternative to both litigation and arbitration in resolving such disputes, and how its hurdles can be best surmounted by mandatory mediation. …


Deconstruction's Legal Career, Jack M. Balkin Nov 2005

Deconstruction's Legal Career, Jack M. Balkin

Cardozo Law Review

No abstract provided.


The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach Jan 2005

The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach

Cardozo Journal of Conflict Resolution

Several decades ago, mediation developed as an alternative to the use of courts for resolving disputes. Over the years, the use of mediation to resolve lawsuits has greatly increased. The reasons for this evolution are numerous, and the primary underlying impetus for the use of mediation has, in many cases, impacted just how the process is conducted. For example, some view mediation as a process which provides individuals or groups engaged in a dispute or conflict with a collaborative and flexible process for dispute resolution. This view of the process also encourages party participation and empowerment, which often allows relationships …


Intersexuality And The Social Construction Of Anatomical Sex, Jessica Knouse Jan 2005

Intersexuality And The Social Construction Of Anatomical Sex, Jessica Knouse

Cardozo Journal of Equal Rights & Social Justice

The article challenges the legal and societal practice of assigning individuals as exclusively male or female, arguing that this binary framework perpetuates harmful sex stereotypes and restricts individual self-determination. It advocates for the elimination of sex assignment to liberate individuals from these constraints and promote diversity.


Preface, Betsy Driver Jan 2005

Preface, Betsy Driver

Cardozo Journal of Equal Rights & Social Justice

The preface highlights the growing recognition of intersex legal issues, emphasizing the shift from medical protocols focused on concealment to more patient-centered approaches. It underscores the significance of the 2005 symposium at Cardozo School of Law, which brought together scholars and activists to address intersex rights, medical practices, and legal frameworks. The publication resulting from the symposium provides a comprehensive resource on intersex advocacy, critiques existing medical and legal practices, and explores future directions for the intersex movement.


David Reimer's Legacy: Limiting Parental Discretion, Hazel Glenn Beh, Milton Diamond Jan 2005

David Reimer's Legacy: Limiting Parental Discretion, Hazel Glenn Beh, Milton Diamond

Cardozo Journal of Equal Rights & Social Justice

The article argues that parents should not have unilateral authority to consent to surgeries aimed at normalizing intersex children's genitalia. It emphasizes that such decisions should be deferred until the child can make informed choices, highlighting the long-term psychological and physical risks associated with early surgeries.


Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson Jan 2005

Hacking The Gender Binary Myth: Recognizing Fundamental Rights For The Intersexed, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that current medical practices allowing parents and doctors to assign a physical sex to intersex children through surgery violate the child's fundamental rights to bodily integrity, personality, gender identity, and sexuality. These rights, while not yet fully defined in jurisprudence, provide a framework for protecting individuals from unwarranted governmental and medical intrusion. The article advocates for delaying such decisions until the child can consent, drawing on the Colombian Constitutional Court's recognition of a child's right to develop their gender identity. It also highlights the broader implications for transgender rights and challenges societal gender binaries.