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Articles 1 - 30 of 57
Full-Text Articles in Medical Jurisprudence
A Masque Of Red Death: The Fda's "Individual Risk-Based" Blood Donor Final Guidance Report Is A Poorly Constructed Facade Covering Continued Animus Toward Queer Men, Gerald Dryden
Cardozo Journal of Equal Rights & Social Justice
The note argues that the FDA's blood donation guidelines discriminatorily target queer men, perpetuating stigma and failing to align with contemporary science. These guidelines, while aiming to protect blood recipients, are unconstitutional and not tailored to avoid discrimination, thus requiring revision to reflect current scientific understanding and eliminate bias.
Conceptual Schemes/Frameworks And Their Relation To Law: A New Argument For Separation Of Church And State, Vincent J. Samar
Conceptual Schemes/Frameworks And Their Relation To Law: A New Argument For Separation Of Church And State, Vincent J. Samar
Cardozo Journal of Equal Rights & Social Justice
A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, "How to Interpret the Constitution," Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to arrive at more than a provisional understanding of what would be the best interpretation in any given area of …
The Abortion Rights Of Teens In The Post-Dobbs Era, J. Shoshanna Ehrlich
The Abortion Rights Of Teens In The Post-Dobbs Era, J. Shoshanna Ehrlich
Cardozo Journal of Equal Rights & Social Justice
The article examines the erosion of minors' abortion rights following the Supreme Court's Dobbs v. Jackson Women's Health decision, which overturned Roe v. Wade and Planned Parenthood v. Casey. It argues that the post-Dobbs legal landscape disproportionately harms vulnerable populations, particularly teens, by undermining judicial bypass options and intensifying restrictions on abortion access. The analysis critiques the inconsistent application of legal frameworks, such as the "mature minor" rule and emancipation doctrines, which fail to protect teens' autonomy. The article advocates for recognizing minors as constitutional persons with medical self-consent rights to counter these restrictions.
Shadow Nursing Home Ownership: How A Failure In Government Oversight Of For-Profit Nursing Homes In New York Has Allowed Profits To Balloon And Standards Of Care To Plummet, Marissa Espinoza
Cardozo Journal of Equal Rights & Social Justice
Complex corporate nursing home structures have become commonplace in for-profit nursing home ownership. These structures, designed to shield owners from regulation and liability, allow owners to evade public scrutiny by obscuring the identify of true owners and allow the true owners to direct revenue to other companies they own or benefit from, such as staffing agencies, payroll businesses, and management companies. This has led to a deterioration in the standard of care for nursing home residents, society's most vulnerable population, while providing a boon in profits for the true owners. Money that should be spent on care is instead diverted …
Abortion Delayed Is Abortion Denied: Why The Hyde Amendment's Rescission Of Federal Funding For Medically Necessary Abortions Harms Low-Income Women, Aliza Shatzman
Cardozo Journal of Equal Rights & Social Justice
The article argues that the Hyde Amendment, which restricts federal funding for abortions except in cases of life endangerment, rape, or incest, violates the constitutional rights established by Roe v. Wade. It contends that the amendment disproportionately harms low-income women by denying them access to medically necessary abortions, thereby undermining their health and autonomy. The author asserts that the Hyde Amendment conflicts with the "reliance interest" doctrine outlined in Planned Parenthood v. Casey, where women have come to depend on the availability of abortion services.
Heads Up: The Concussion Crisis, Gabriel Blum
Heads Up: The Concussion Crisis, Gabriel Blum
Cardozo Journal of Equal Rights & Social Justice
The note examines the concussion crisis in sports, particularly focusing on the severe health risks associated with traumatic brain injuries (TBIs) and chronic traumatic encephalopathy (CTE). It argues that while some view the issue as overblown, the growing evidence of debilitating short- and long-term health consequences for athletes, especially young ones, necessitates stronger legislative action. The note advocates for New York legislators to amend the Concussion Management and Awareness Act to include more robust protections and enforcement mechanisms to reduce concussion rates and improve care for affected athletes.
A Hurdle Too High: The Unconstitutionality Of Mandatory Ultrasounds Under Casey's Undue Burden Standard, Katarzyna Kordas
A Hurdle Too High: The Unconstitutionality Of Mandatory Ultrasounds Under Casey's Undue Burden Standard, Katarzyna Kordas
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory ultrasound laws impose an undue burden on women seeking abortions, violating the constitutional standard established in Planned Parenthood v. Casey. These laws, often enacted to dissuade women from proceeding with abortions, are deemed medically unnecessary and unconstitutional as they obstruct women's reproductive rights.
Housing Intersex Juvenile Offenders, Janae Hunte
Housing Intersex Juvenile Offenders, Janae Hunte
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.
Liberty And Justice For All? Protecting The Right To Privacy For Incapacitated Individuals: The Need For Comprehensive Sterilization Legislation In All Fifty States, Mindy K. Fersel
Cardozo Journal of Equal Rights & Social Justice
The note examines the intersection of disability rights and reproductive rights, highlighting the legal confusion and human rights violations that arise from the lack of comprehensive federal guidance on the sterilization of individuals with disabilities. While landmark Supreme Court decisions like Griswold v. Connecticut and Roe v. Wade established constitutional protections for reproductive autonomy, the legacy of cases such as Buck v. Bell and inconsistent state statutes continue to undermine the rights of individuals with disabilities. The article argues that the absence of clear legislative frameworks leaves vulnerable populations at risk of exploitation and discrimination, necessitating urgent reform to ensure …
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion, Eujean Park
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Cardozo Journal of Equal Rights & Social Justice
The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician's First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …
Harm And The Fluid Nature Of Identity In Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman
Harm And The Fluid Nature Of Identity In Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
An Unlikely Feminist Icon?: Justice Harry A. Blackmun's Continuing Influence On Reproductive Rights Jurisprudence, Sarah Primrose
An Unlikely Feminist Icon?: Justice Harry A. Blackmun's Continuing Influence On Reproductive Rights Jurisprudence, Sarah Primrose
Cardozo Journal of Equal Rights & Social Justice
The article examines Justice Harry Blackmun's pivotal role in the landmark *Roe v. Wade* decision, which legalized abortion in the United States and significantly advanced women's reproductive rights. Despite his initial reluctance to take on the case, Blackmun's opinion established a woman's right to privacy under the Fourteenth Amendment, balancing this right against state interests. The decision has had profound and enduring implications for women's autonomy and equality, though it has also faced persistent challenges and critiques, including concerns about its constitutional basis and the arbitrariness of the trimester framework. The article highlights Blackmun's personal background and jurisprudential approach, emphasizing …
The Goldilocks Principle And Informed Consent In Joint-Spouse Representation, Madison Kaplan
The Goldilocks Principle And Informed Consent In Joint-Spouse Representation, Madison Kaplan
Cardozo Journal of Equal Rights & Social Justice
The note explores the complexities of joint legal representation of spouses, emphasizing the need for balanced and clear informed consent. It highlights the challenges posed by conflicting legal guidelines and the necessity of detailed Joint Representation Agreements (JRAs) to navigate confidentiality and communication duties effectively.
Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams
Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams
Cardozo Journal of Equal Rights & Social Justice
The article argues that criminalizing pregnant women for drug use is both unconstitutional and ineffective. It contends that such prosecutions infringe upon fundamental rights, disproportionately affect minority women, and fail to address the root causes of addiction. The author advocates for a public health approach, emphasizing treatment over punishment to protect both the mother and the fetus.
"The Life Of The Flesh Is In The Blood": State Storage And Usage Of Baby's Blood Sample, Jaclyn S. D'Arminio
"The Life Of The Flesh Is In The Blood": State Storage And Usage Of Baby's Blood Sample, Jaclyn S. D'Arminio
Cardozo Journal of Equal Rights & Social Justice
The note highlights the ethical, legal, and policy challenges surrounding Newborn Screening (NBS) programs, particularly the storage and use of newborn bloodspots. It argues that while these programs provide crucial health benefits, the lack of informed consent regarding the retention and use of bloodspots raises significant privacy concerns. The central argument is that balancing public health benefits with individual privacy rights requires robust informed consent frameworks to maintain trust and ensure scientific progress.
To Be Or Not To Be (A Parent)? - Not Precisely The Question: The Frozen Embryo Dispute, Yehezkel Margalit
To Be Or Not To Be (A Parent)? - Not Precisely The Question: The Frozen Embryo Dispute, Yehezkel Margalit
Cardozo Journal of Equal Rights & Social Justice
The article explores the legal and ethical complexities surrounding disputes over frozen embryos, particularly focusing on the balance between the right to become a parent and the right to avoid parenthood. It examines the legal status of frozen embryos and proposes a compromise solution where the objecting spouse is granted nonparenthood status, allowing the other partner to use the embryos without imposing parenthood on the unwilling party. The analysis emphasizes the importance of legal parenthood for societal welfare and the challenges posed by evolving reproductive technologies.
Advancing A Surrogate-Focused Model Of Gestational Surrogacy Contracts, Catherine London
Advancing A Surrogate-Focused Model Of Gestational Surrogacy Contracts, Catherine London
Cardozo Journal of Equal Rights & Social Justice
The article examines the ethical, legal, and feminist implications of commercial surrogacy, arguing that the practice raises significant concerns about the commodification and exploitation of women and children. It critiques the current legal framework for its inconsistency and paternalistic approach, which often restricts women's reproductive freedom. The analysis advocates for a surrogate-focused contract model to address these issues, emphasizing the need to empower surrogates by granting them greater autonomy and bargaining power in surrogacy arrangements. This approach aims to balance the interests of all parties while minimizing the risk of exploitation.
Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold
Who Takes The Heat? Criminal Liability For Heat-Related Deaths In High School Athletics, David Feingold
Cardozo Journal of Equal Rights & Social Justice
The note argues that criminal liability is a necessary and effective measure to address the preventable nature of heat-related deaths in high school sports. It highlights the inadequacy of current civil systems and the protective barriers of qualified immunity, which often shield coaches and schools from accountability. The vulnerability of young athletes, who rely heavily on their coaches for safety, underscores the need for stricter accountability measures to ensure their protection and reduce such tragedies.
Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation, Huseina Sulaimanee
Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation, Huseina Sulaimanee
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
"Cover My Pills": Contraceptive Equity And Religious Liberty In Catholic Charities V. Dinallo, Ayelet S. Lebovicz
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between the New York Womens Health and Wellness Act's (WHWA) goal of promoting women's health through contraceptive access and its burden on the First Amendment rights of religious employers. It argues that while the WHWA advances significant public health interests, its contraceptive mandate imposes substantial burdens on religious freedom and free speech, necessitating strict scrutiny. The analysis critiques the New York Court of Appeals' decision for failing to fully consider the plaintiffs' hybrid-rights claims under Supreme Court precedent, highlighting the need for lawmakers to balance competing interests while adhering to constitutional protections.
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista
Cardozo Journal of Equal Rights & Social Justice
The article argues that hospital bans on vaginal births after cesarean (VBAC) infringe upon women's legal and constitutional rights, violating principles of autonomy and equality. These bans are not only medically unnecessary but also undermine international human rights standards that protect women's decisional autonomy in healthcare. The analysis posits that such bans discriminate against women and set a dangerous precedent for state and medical control over women's bodies during pregnancy.
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Lesbians, Gays, And People Living With Hiv: Facing And Fighting Barriers To Assisted Reproduction, Bebe J. Anderson
Cardozo Journal of Equal Rights & Social Justice
Numerous discriminatory barriers limit the ability of gays, lesbians, and people living with HIV to participate in assisted reproduction. Many of these barriers are created by laws and regulations, such as state laws criminalizing sperm donation by people living with HIV, and insurance regulations that are interpreted to limit infertility coverage to persons who have engaged in unprotected heterosexual intercourse that has not resulted in pregnancy. Other barriers are rooted in policies or practices of individual entities or individuals. For example, a gay man in Florida and a lesbian in California denied fertility services due to their sexual orientation have …
Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson
Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson
Cardozo Journal of Equal Rights & Social Justice
This article updates a prior feminist legal analysis of Gardasil, the vaccine against Human Papillomavirus ("HPV"), in light of new developments. Recent discoveries confirming that HPV poses threats to men led Merck & Co. ("Merck") to apply for FDA approval to market Gardasil to males. These developments have renewed focus on the recurring question of whether making Gardasil vaccination a prerequisite for boys' school participation will arouse the same public condemnation that resulted from the prior mandate targeting girls. Another new development involves a vaccine panel recommendation by the Centers for Disease Control ("CDC") that inadvertently resulted in a policy …
The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman
The Work/Family Balance: New York's Struggle To Harmonize Domestic And Employment Spheres, Kerry Anne Hoffman
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by American workers in balancing work and family responsibilities, highlighting the limitations of the Family and Medical Leave Act (FMLA) and advocating for the implementation of paid family leave policies. It emphasizes the need for both federal and state-level reforms to address the financial and societal barriers that prevent employees, particularly low-income families and single parents, from utilizing unpaid leave. The note also explores the progress made by states like California, New Jersey, and Washington in enacting paid family leave legislation, while noting the ongoing political opposition to such measures in New York. It …
It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of "Best Interest Of The Child" And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett
It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of "Best Interest Of The Child" And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett
Cardozo Journal of Equal Rights & Social Justice
In order to consider the plausibility of contracts regarding Artificial Insemination, or Al, this article will first review various options and legal ramifications for choices regarding Al and then focus on the effect of inconsistent application of the Uniform Parentage Act, or UPA, among states that have chosen to adopt any legislation. This legal conundrum creates major obstacles for lesbian couples in procreation and in legal protection for children and often denies lesbian Americans the right to equal enforcement of contracts. This article will consider how the current standard of "best interest of the child" is being used in the …
Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes
Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler
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.
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
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.