“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings,
2015
Pepperdine University
“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman
Pepperdine Law Review
This Comment explores the history and reasoning behind divorce in the United States, examines contemporary alimony jurisprudence, and assesses the viability of fertility compensation in divorce proceedings, arguing that there is, in fact, a legal basis for awarding such reparation upon divorce. Part II surveys divorce at common law and details the impact of the Uniform Marriage and Divorce Act (UMDA) and its introduction of no-fault divorce. Part III discusses alimony under New Jersey state law, with particular emphasis on reimbursement alimony after the Reiss trilogy, the Crews marital standard of living, and the impact of Assisted Reproductive Technology (ART) …
Montana Expands Psychotherapists Privilege, Matching Federal Rules,
2015
Alexander Blewett III School of Law at the University of Montana
Montana Expands Psychotherapists Privilege, Matching Federal Rules, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
The Scramble To Promote Egg Donation Through A More Protective Regulatory Regime,
2015
IIT Chicago-Kent College of Law
The Scramble To Promote Egg Donation Through A More Protective Regulatory Regime, Jacob Radecki
Chicago-Kent Law Review
Egg “donation” is a burgeoning industry in the United States. Fertility clinics capitalize on financially needy college students by advertising substantial financial benefits; particularly gifted women may receive thousands of dollars for selling their eggs. Rosy advertisements portray a well-paying procedure that also helps bring a child to a loving parent. Yet these descriptions mask significant potential harms. With respect to known problems, hormone regimens may cause ovarian hyper-stimulation syndrome, which in the most severe cases can lead to infertility. In terms of unknown risks, anecdotal evidence suggests that the long-term side effects of egg extraction may include cancer. The …
The Implications Of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights,
2015
Benjamin N. Cardozo School of Law
The Implications Of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights, Hannah Schwager
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Keeping The Gates Open For Human Embryonic Stem Cell Research,
2015
Benjamin N. Cardozo School of Law
Keeping The Gates Open For Human Embryonic Stem Cell Research, Ren-How Harn
Cardozo Public Law, Policy & Ethics Journal
Human embryonic stem cell research represents an area of scientific progress that promises to deliver on the wonders mankind has thus far only seen in science fiction movies. However, ethical and legal concerns threaten to stifle research in an area often regarded as the holy grail of regenerative medicine. This Note analyzes the question in patent law of whether human embryonic stem cells constitute patentable subject matter under 35 U.S.C. §101 from a legal and policy perspective after the 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad. The issue has generated recent interest and debate with …
Rac: A Program In Distress,
2015
Brigham Young University Law School
Piercing The Veil: The Limits Of Brain Death As A Legal Fiction,
2015
Department of Bioethics, National Institutes of Health
Piercing The Veil: The Limits Of Brain Death As A Legal Fiction, Seema K. Shah
University of Michigan Journal of Law Reform
Brain death is different from the traditional, biological conception of death. Although there is no possibility of a meaningful recovery, considerable scientific evidence shows that neurological and other functions persist in patients accurately diagnosed as brain dead. Elsewhere with others, I have argued that brain death should be understood as an unacknowledged status legal fiction. A legal fiction arises when the law treats something as true, though it is known to be false or not known to be true, for a particular legal purpose (like the fiction that corporations are persons). Moving towards greater transparency, it is legally and ethically …
Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database,
2015
The University of Arizona James E. Rogers College of Law
Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag
Cardozo Law Review
Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …
When Should Physicians Be Liable For Innovation?,
2015
Lewis & Clark Law School
When Should Physicians Be Liable For Innovation?, Anna B. Laakmann
Cardozo Law Review
Uncertainty pervades medicine. It is particularly acute when a physician deliberately deviates from generally accepted practices in an attempt to improve patient care. Unlike innovative drug and device manufacturers, treating physicians are not subject to mandatory ex ante public regulation. The question of how to constrain physician behavior thus largely falls to the tort system. Innovation by definition involves a departure from custom, so adherence to customary standards of care essentially requires physicians to solely bear the liability costs of innovative treatment. This regime, of course, protects patients from unnecessary risks associated with untested therapies, but may also unduly deter …
Managing The Multiple Layers Of Physician Oversight,
2015
University of San Diego
Managing The Multiple Layers Of Physician Oversight, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5,
2015
University of San Diego
Retaliation And Healthcare Providers: Navigating Health And Safety Code Section 1278.5, Rick D. Barton, Natalie V. Mueller
Center for Health Law Policy and Bioethics
No abstract provided.
Health Injustice And Justice In Health: The Role Of Law And Public Policy In Generating, Perpetuating, And Responding To Racial And Ethnic Health Disparities Before And After The Affordable Care Act,
2015
Mitchell Hamline School of Law
Health Injustice And Justice In Health: The Role Of Law And Public Policy In Generating, Perpetuating, And Responding To Racial And Ethnic Health Disparities Before And After The Affordable Care Act, Daryll C. Dykes
William Mitchell Law Review
No abstract provided.
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption,
2015
Barry University
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015),
2015
UIC School of Law
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff
UIC Law Review
This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.
Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?,
2015
Mitchell Hamline School of Law
Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?, Jennifer Jordan
William Mitchell Law Review
No abstract provided.
Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees,
2015
Villanova University Charles Widger School of Law
Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015),
2015
UIC School of Law
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
UIC Law Review
No abstract provided.
The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015),
2015
UIC School of Law
The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons
UIC Law Review
With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of an agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent’s authority. The remaining powers should be construed and mapped …
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy,
2015
Cleveland State University
Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.
Journal of Law and Health
On March 7, 2014, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled “Issues of Reproductive Rights: Life, Liberty, and the Pursuit of Policy” in response to recent developments in the regulation of women’s reproductive rights. The discussion about women’s reproductive rights has expanded far beyond the morality of abortion and right to privacy, established by the United States Supreme Court in Roe v. Wade, and has been complicated by new technology, statutory developments, and case law discussing the nature of a corporation. The symposium presenters addressed key legal developments in each stage of …
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption,
2015
Barry University
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Faculty Scholarship
No abstract provided.
