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Articles 31 - 57 of 57
Full-Text Articles in Medical Jurisprudence
What Does Accidental Mean?: Autoerotic Asphyxiation As An Illustration Of The Problems Affecting Accident Insurance, Gabriel Burnham
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
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.
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
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.
Intersexuality And The Social Construction Of Anatomical Sex, Jessica Knouse
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
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
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
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.
Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson
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
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
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
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
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.
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
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
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.
American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino
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.
One For My Baby, One More For The Road: Legislation And Counseling To Prevent Prenatal Exposure To Alcohol, James Drago
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
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
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.
A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal
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
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.
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
Cardozo Journal of Equal Rights & Social Justice
The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Cardozo Journal of Equal Rights & Social Justice
The article argues against mandatory HIV screening for newborns, asserting that the benefits of early detection do not justify the infringement on mothers' legal rights and privacy. Proponents overemphasize medical benefits and underestimate the impact on maternal rights and care roles.
The Politics Of Pediatric Aids, Jennifer Cooper
The Politics Of Pediatric Aids, Jennifer Cooper
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory HIV testing for pregnant women is crucial to prevent mother-to-child transmission of HIV, emphasizing that political and social barriers, rather than medical limitations, hinder effective prevention. It advocates for routine HIV screening as part of prenatal care, supported by the success of treatments like zidovudine, and addresses ethical and constitutional concerns while asserting the state's compelling interest in public health.
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
Cardozo Journal of Equal Rights & Social Justice
The article examines the constitutional implications of mandatory HIV testing for newborns, arguing that such policies infringe upon women's rights under the Fourteenth Amendment. It critiques two proposed bills for being overly intrusive and not narrowly tailored, advocating instead for voluntary testing and counseling to balance public health with individual rights.
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.