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Articles 1 - 19 of 19
Full-Text Articles in Medicine and Health Sciences
Beyond "Restoration Of Honor": Compensating Veterans For The Psychological Injuries Of The Gay And Transgender Bans, Evan R. Seamone
Beyond "Restoration Of Honor": Compensating Veterans For The Psychological Injuries Of The Gay And Transgender Bans, Evan R. Seamone
William & Mary Journal of Race, Gender, and Social Justice
This Article is titled “Beyond Restoration of Honor” specifically to introduce the policy priority of ensuring that all Sexual and Gender Identity Minority (SGIM) veterans who were harmed by...discriminatory policies [like Don't Ask, Don't Tell] can obtain and use Veterans Affairs (VA) disability benefits for injuries resulting from discrimination while in the military. While this Article highlights the value of codifying a series of specific SGIM stressor markers for PTSD in the VA’s regulations concerning personal assault and creating presumptions of service-connection for specific military experiences, existing laws and regulations permit service-connection for these injuries without further regulatory changes.
In …
Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann
Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann
William & Mary Journal of Race, Gender, and Social Justice
Unlike many European countries of similar economic, social, scientific, and political advancement, there is virtually no regulation of preimplantation genetic testing in the United States. This Note will explore preimplantation genetic testing and demonstrate that potential parents in the United States have a right to conduct said testing under the umbrella of the fundamental right to privacy. This Note will demonstrate the need for the regulation for preimplantation genetic testing that will comply with the Undue Burden Test set out in Planned Parenthood v. Casey, while acknowledging and supporting the fundamental right of potential parents to conduct testing. This …
Coercing Pregnancy, A. Rachel Camp
Coercing Pregnancy, A. Rachel Camp
William & Mary Journal of Race, Gender, and Social Justice
Intimate partners coerce thousands of women in the United States into pregnancy each year through manipulation, threats of violence, or acts that deliberately interfere with the use of, or access to, contraception or abortion. Although many of these pregnancies occur within the context of otherwise abusive relationships, for others, pregnancy serves as a trigger for intimate partner violence. Beyond violence preceding or resulting from pregnancy, women who experience coerced pregnancies often suffer other physical, financial and emotional harms. Despite its correlation to domestic violence, reproductive coercion fits imperfectly, if at all, within our existing laws designed to combat domestic violence …
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman
Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz
Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer
Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Ovaries, Testicles, And Uteruses, Oh My! Regulating Reproductive Tissue Transplants, Valarie K. Blake
Ovaries, Testicles, And Uteruses, Oh My! Regulating Reproductive Tissue Transplants, Valarie K. Blake
William & Mary Journal of Race, Gender, and Social Justice
This article will explore key regulatory and ethical challenges presented by reproductive tissue transplants (RTTs) as they are currently developing, recognizing that additional issues may reveal themselves as the technologies progress. Part I of this article will begin with a discussion of the current status of the technology, including the results and status of animal and human experiments for all three types of transplants. Part II will explore the demand for RTTs—who might consider such a transplant and why RTTS might be considered by some patients as more favorable than other reproductive options. Part III will explore the different regulatory …
A Mother's Worst Nightmare, What's Left Unsaid: The Lack Of Informed Consent In Obstetrical Practices, Andrew Iverson Almand
A Mother's Worst Nightmare, What's Left Unsaid: The Lack Of Informed Consent In Obstetrical Practices, Andrew Iverson Almand
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Legal Does Not Mean Rational: The Practicality Of Treating First-Trimester Abortion Clinics The Same As Hospitals, Ania O. Wlodek
Legal Does Not Mean Rational: The Practicality Of Treating First-Trimester Abortion Clinics The Same As Hospitals, Ania O. Wlodek
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
An Exploration Of "The 'Wild West' Of Reproductive Technology": Ethical And Feminist Perspectives On Sex-Selection Practices In The United States, Meredith Leigh Birdsall
An Exploration Of "The 'Wild West' Of Reproductive Technology": Ethical And Feminist Perspectives On Sex-Selection Practices In The United States, Meredith Leigh Birdsall
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Medical Conscience And The Policing Of Parenthood, Richard F. Storrow
Medical Conscience And The Policing Of Parenthood, Richard F. Storrow
William & Mary Journal of Race, Gender, and Social Justice
As state and local anti-discrimination provisions become more and more comprehensive, physicians who refuse to treat patients for reasons of sexual orientation or marital status are beginning to face legal liability. Increasingly, physicians are invoking codes of medical ethics alongside more familiar constitutional law claims in support of their claim to insulation from legal liability. This Article explores what medical ethics has to say about physicians who, for sincerely held religious reasons, refuse to treat patients for reasons of sexual orientation or marital status. The issue is explored through the lens of a case recently decided by the California Supreme …
Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn
Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn
William & Mary Journal of Race, Gender, and Social Justice
This note examines the constitutional and policy implications of criminal prosecutions for prenatal maternal substance abuse under statutes criminalizing drug delivery, child abuse, and manslaughter. Although only one of these convictions has been upheld in the thirty years since a prosecutor first brought such charges, prosecutors continue to propose new and increasingly inventive theories of prosecution. Not only do these cases present procedural due process, substantive due process, and equal protection problems, they also cannot be supported by public policy. The prosecutions are opposed by healthcare workers, pit the interests of mothers and unborn children against each other, and actually …
Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks
Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Changing World Of Genetics And Abortion: Why The Women's Movement Should Advocate For Limitations On The Right To Choose In The Area Of Genetic Technology, Renee C. Esfandiary
The Changing World Of Genetics And Abortion: Why The Women's Movement Should Advocate For Limitations On The Right To Choose In The Area Of Genetic Technology, Renee C. Esfandiary
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Never In A Vacuum: Learning From The Thai Fight Against Hiv, Sean C. Clark
Never In A Vacuum: Learning From The Thai Fight Against Hiv, Sean C. Clark
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.