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Medical Jurisprudence Commons™

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Yeshiva University, Cardozo School of Law

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Articles 151 - 180 of 191

Full-Text Articles in Medical Jurisprudence

Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson Jan 2005

Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the normalization of non-consensual surgical interventions on children, particularly focusing on male circumcision and intersex surgeries, arguing that these practices are rooted in cultural and gender norms rather than medical necessity. It challenges the legal and ethical frameworks that allow such surgeries, emphasizing the need for informed consent and stricter regulations.


Intersex And Intrasex Debates: Building Alliances To Challenge Sex Discrimination, Julie A. Greenberg Jan 2005

Intersex And Intrasex Debates: Building Alliances To Challenge Sex Discrimination, Julie A. Greenberg

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges faced by the intersex movement in challenging medical protocols for intersex infants and the debates within the movement regarding treatment approaches. It highlights the importance of forming alliances with other social justice movements, such as feminists and LGBT organizations, to effectively combat sex discrimination. The article proposes using a gender nonconformity theory, as recognized in legal cases like Price Waterhouse v. Hopkins, to unify these groups in their fight against discrimination.


Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes Jan 2005

Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes

Cardozo Journal of Equal Rights & Social Justice

The article argues that the medicalization of intersex conditions, often justified under an "emergency" rationale, undermines the autonomy and human rights of intersex individuals, particularly children. It critiques the framing of intersex as a medical emergency, which allows clinicians to bypass informed consent and prioritize the interests of families and medical professionals over those of the intersex individual. The article advocates for a shift in approach, emphasizing human rights protections and the need to respect the autonomy of intersex persons.


From The Hospital To The Courtroom: A Statutory Proposal For Recognizing And Protecting The Legal Rights Of Intersex Children, Erin Lloyd Jan 2005

From The Hospital To The Courtroom: A Statutory Proposal For Recognizing And Protecting The Legal Rights Of Intersex Children, Erin Lloyd

Cardozo Journal of Equal Rights & Social Justice

The article advocates for stronger legal protections for intersex children against unnecessary and harmful medical interventions, emphasizing the need for informed consent and judicial oversight to safeguard their rights and well-being.


Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves Jan 2005

Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves

Cardozo Journal of Equal Rights & Social Justice

Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …


Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S. Jan 2005

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …


Finders-Keepers: A Bright-Line Rule Awarding Custody To Gestational Mothers In Cases Of Fertility Clinic Error, Josh Deutsch Jan 2005

Finders-Keepers: A Bright-Line Rule Awarding Custody To Gestational Mothers In Cases Of Fertility Clinic Error, Josh Deutsch

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of a "gestational brightline rule" to resolve custody disputes arising from fertility clinic errors, arguing that this approach provides legal clarity, avoids emotional harm, and withstands constitutional scrutiny. It critiques the intent test for its inadequacy in such cases and proposes that the gestational mother should be awarded custody, with exceptions for cases involving felony or substance abuse by the birth mother. The rule is justified by the gestational mother's physiological and emotional connection to the child, as well as the need to prevent legal uncertainty and reduce litigation costs.


Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg Jan 2005

Do Prisoners Get A Better Deal? Comparing The Abortion Rights And Access Of Military Women Stationed Abroad To Those Of Women In Prison, Leah Ginsberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the systemic barriers faced by military women and incarcerated individuals in accessing abortion services, despite Supreme Court rulings that establish a woman's right to abortion. It highlights how statutory bans, restrictive policies, and logistical challenges disproportionately affect these groups, arguing that their unique circumstances—such as overseas deployment or incarceration—subject them to additional layers of legal and practical obstacles. The analysis underscores the need for legislative or executive action to address these inequities and ensure constitutional rights are upheld.


The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley Jan 2005

The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley

Articles

No abstract provided.


Breaking The Shield Of The Learned Intermediary Doctrine: Placing The Blame Where It Belongs, Sheryl Calabro Aug 2004

Breaking The Shield Of The Learned Intermediary Doctrine: Placing The Blame Where It Belongs, Sheryl Calabro

Cardozo Law Review

No abstract provided.


Reinventing Unchanged Andean Traditions, Terence N. D'Altroy Jul 2004

Reinventing Unchanged Andean Traditions, Terence N. D'Altroy

Cardozo Journal of International and Comparative Law

The article argues that Andean traditions and cultural property are not static but have been continually reinvented and adapted over time, challenging the common misconception that these elements have remained unchanged since pre-Columbian times. The author emphasizes the importance of understanding the dynamic and evolving nature of traditional knowledge and its relationship to power, history, and cultural identity in the Andean region. This understanding is crucial for addressing contemporary issues of cultural property and traditional knowledge in a region increasingly influenced by Westernization.


Making Lawyers Compete, Lester Brickman Jul 2004

Making Lawyers Compete, Lester Brickman

Articles

The article argues that the market for contingent-fee-financed tort litigation is not price competitive, primarily due to uniform contingency fees charged by lawyers regardless of case-specific factors such as risk or effort required. This lack of competition leads to excessive costs for claimants and contributes to the expansion of tort liability. The author contends that the legal profession maintains this system through various barriers, including ethical rules and entry restrictions, which prevent competitive market forces from functioning effectively.


American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino Jan 2004

American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino

Cardozo Journal of Equal Rights & Social Justice

The transition from lay midwife-assisted home births to physician-controlled hospital deliveries in the U.S. was driven by a complex interplay of professional competition, economic interests, and societal biases, which were reinforced by judicial deference to state legislative preferences favoring medical dominance over childbirth practices.


Preface To The Justice In Mediation Symposium, Lela Love Jan 2004

Preface To The Justice In Mediation Symposium, Lela Love

Cardozo Journal of Conflict Resolution

On March 12, 2004, the Benjamin N. Cardozo School of Law held a symposium on Justice in Mediation. The papers below represent the first group of articles emanating from that event. More articles will follow in the next issue of the Cardozo Journal of Conflict Resolution.


On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman Jan 2004

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

Articles

No abstract provided.


Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh Jul 2003

Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh

Cardozo Journal of International and Comparative Law

The article critically examines the ethical and scientific implications of genetic diversity research, particularly focusing on the Human Genome Diversity Project (HGDP). It highlights the tension between advancing scientific knowledge and addressing the ethical concerns of sampling vulnerable populations, such as indigenous and isolated communities. While the research aims to study genetic variation for medical and historical insights, it raises significant issues regarding informed consent, group rights, and the potential exploitation of these populations. The article emphasizes the need for balanced approaches that respect both individual and collective rights while ensuring equitable benefits from genetic research.


The Rhetoric Of Biopiracy, Paul J. Heald Jul 2003

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.


Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze Jul 2003

Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze

Cardozo Journal of International and Comparative Law

The article critiques the exploitation of the South's biodiversity and genetic resources by the North, driven by self-interest and pharmaceutical needs, while highlighting the inequities perpetuated by international frameworks like TRIPS and the CBD. It argues that current legal systems, rooted in Western intellectual property principles, fail to protect indigenous knowledge and traditional practices adequately. The analysis proposes alternative approaches, such as compensation regimes and collective rights organizations, to address these disparities and ensure fair benefit-sharing.


Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum Mar 2003

Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum

Cardozo Law Review

No abstract provided.


Curing Healthcare Providers' Failure To Administer Opioids In The Treatment Of Severe Pain, Rima J. Oken May 2002

Curing Healthcare Providers' Failure To Administer Opioids In The Treatment Of Severe Pain, Rima J. Oken

Cardozo Law Review

No abstract provided.


Mouse-To-Mouse Resuscitation: Cybermedicine And The Need For Federal Regulation, Shira D. Weiner Feb 2002

Mouse-To-Mouse Resuscitation: Cybermedicine And The Need For Federal Regulation, Shira D. Weiner

Cardozo Law Review

No abstract provided.


Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson Jul 2001

Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson

Cardozo Law Review

No abstract provided.


One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago Jan 2001

One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of balancing fetal rights with maternal autonomy, particularly in cases where pregnant women consume alcohol, potentially harming the fetus. It argues that while fetal rights have gained recognition in tort law, criminalizing maternal conduct raises constitutional concerns, including privacy and equal protection. The analysis advocates for a balanced approach, combining moderate criminal sanctions with education and support programs to protect fetal health while respecting women's rights.


Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit Jan 2001

Expedited Hiv Testing: An Unnecessary Test That Is Allowing The State To Trample On A Woman's Constitutional Rights, Sheree Gootzeit

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's expedited HIV testing for pregnant women is unconstitutional, ineffective, and invasive, violating Fourth Amendment rights and offering no significant benefits over existing laws. It asserts that the testing infringes on privacy, bodily integrity, and informed consent, while alternative methods like urine testing could achieve the same goals without such violations. The analysis emphasizes the need to protect women's rights during vulnerable periods while maintaining public health standards.


Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller Jan 2001

Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.


Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach Jan 2000

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …


A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal Jan 1999

A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal

Cardozo Journal of Equal Rights & Social Justice

The Kass v. Kass case highlights the legal complexities surrounding disputes over frozen preembryos post-divorce, emphasizing the court's reliance on prior agreements and the need for a balanced legal framework that respects individual rights while addressing medical advancements.


Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner Jan 1998

Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner

Cardozo Journal of Equal Rights & Social Justice

The article argues that women are disproportionately vulnerable to assisted suicide due to societal, economic, and emotional factors, and that legalizing assisted suicide could exacerbate gender disparities in death rates. It critiques the lack of protections for vulnerable individuals, particularly women, who may be coerced or influenced into assisted suicide. The analysis emphasizes the need to address the root causes of suffering rather than resorting to assisted suicide, while also advocating for societal changes to support women and reduce their vulnerability.


Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love Jan 1998

Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love

Articles

We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.


The American Adversarial System In Criminal Cases: Between Ideology And Reality, Johannes F. Nijboer Apr 1997

The American Adversarial System In Criminal Cases: Between Ideology And Reality, Johannes F. Nijboer

Cardozo Journal of International and Comparative Law

The article critically examines the adversarial system in American criminal cases, contrasting it with the inquisitorial system prevalent in many European countries. It argues that while the adversarial system remains a defining feature of U.S. criminal procedure, the inquisitorial system, as a historical concept, no longer exists in its traditional form. The analysis emphasizes the need for nuanced comparative legal scholarship to avoid oversimplification and highlights the cultural and historical contexts shaping these procedural systems.