The Journal of Law, Medicine and Ethics This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

What Will It Take to Address the Global Threat of Antibiotic Resistance?
This article introduces that collection, which is found in an online‐only symposium at aslme.org. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Steven J. Hoffman, Kevin Outterson Tags: Independents Source Type: research

Membership Has Its Privileges? Life, Personhood, and Potential in Discussions about Reproductive Choice
As Professor Dov Fox points out in his essay, reference to “potential life” in American abortion jurisprudence is both indeterminate and underspecified. This commentary highlights that use of the phrase “potential life” by courts also obscures the fact that a position has been taken that biological life is not the equivalent of legal personhood. Worse, the position has been imposed on those who do not share it without offering reasons to justify its imposition in terms that those who oppose it can reasonably be expected to endorse. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Jonathan F. Will Tags: Symposium Articles Source Type: research

The State's Interest in Potential Life
Courts have resolved a range of controversies by casual appeal to the state's interest in “potential life” that Roe held capable of overriding even fundamental rights. My analysis of this potential‐life interest reveals its use to mean not one but four species of concern. I call these prenatal welfare, postnatal welfare, social values, and social effects and demonstrate how they operate under different conditions and with varying levels of strength. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Dov Fox Tags: Symposium Articles Source Type: research

Respecting Intent and Dispelling Stereotypes by Reducing Unintended Pregnancy
In “Expectant Fathers, Abortion, and Embryos,” Dara Purvis evaluates the concepts of intent and gender stereotypes in connection with “expectational fathers” in the related contexts of abortion and assisted reproductive technologies. This comment seeks to build upon Purvis's own analysis to obviate her concern that abortion discourse promotes harmful stereotypes of men as disinterested fathers. To the contrary, for men — no less than for women — a desire to avoid or terminate pregnancy is fully consistent with loving and shared parenthood of existing or future children. The same individuals who choose to become...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Dawn Johnsen Tags: Symposium Articles Source Type: research

Expectant Fathers, Abortion, and Embryos
One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre‐embryos weigh the equities of allowing implantation of the pre‐embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Dara E. Purvis Tags: Symposium Articles Source Type: research

How to Escape the Doctor's Dilemma? De‐Medicalize Reproductive Technologies
Kara Swanson details the professional evolution of Alan Guttmacher, and the quandary he faced when the law interfered with prerogatives he wished to exercise in his practice of reproductive medicine. This response focuses on how decoupling reproductive technologies from a regime requiring medical licensure could lead to more complete reproductive autonomy for women. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Paul A. Lombardo Tags: Symposium Articles Source Type: research

The Doctor's Dilemma: Paternalisms in the Medicolegal History of Assisted Reproduction and Abortion
This article analyzes the comparative history of the law and practice of abortion and assisted reproduction in the United States to consider the interplay between medical paternalism and legal paternalism. It supplements existing critiques of paternalism as harmful to women's equality with the medical perspective, as revealed through the writings of Alan F. Guttmacher, to consider when legal regulation might be warranted. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Kara W. Swanson Tags: Symposium Articles Source Type: research

Complexifying Commodification, Consumption, ART, and Abortion
This commentary on Madeira's paper complicates the relationships between commodification, consumption, abortion, and assisted reproductive technologies (ARTs) she draws in two ways. First, I examine under what conditions the commodification of ARTs, gametes, and surrogacy lead to patients becoming consumers. Second, I show that there are some stark difference between applying commodification critiques to ART versus abortion. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: I. Glenn Cohen Tags: Symposium Articles Source Type: research

Conceiving of Products and the Products of Conception: Reflections on Commodification, Consumption, ART, and Abortion
Assisted reproductive technologies and abortion prompt serious questions about how we should understand the complex relationship between money, markets, choice, and the care relationship. This essay defines “patient” and “consumer,” and then describes how they are less important than their attributes. Then it describes theories of commodification and consumption in reproductive contexts and their consequences, from compliance and coercion to resistance and creativity. It also examines whether ART and abortion are “markets.” Finally, this essay explores how the attributes which comprise the patient/consumer role...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Jody Lyneé Madeira Tags: Symposium Articles Source Type: research

The Invisible Classes in High Stakes Reproduction
This essay argues that what separates poor mothers from their middle class counterparts are many factors — not simply couples' ability to plan, the power of their choices, and agency. For example, power, social clout, and access to health care (and health information) influence status and parenting. Historically, for white women choice has been about abortion; for many women of color, choice is about being able to be a mother. This essay begs the question whether real parallels can be drawn on questions of contraception, abortion, and ART simply by examining class and to what extent race and sexual orientation matter in ...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Michele Goodwin Tags: Symposium Articles Source Type: research

The Triple System for Regulating Women's Reproduction
Analysis of ART and abortion must include the experiences of women at the emerging center of American life, as well as those at the top and bottom of the socioeconomic scale. Our contribution explores the triple system of fertility regulation, analyzing the intersections between fertility and class and using the experiences of women in the middle to add depth to our understanding of women's exercises of autonomy. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: June Carbone, Naomi Cahn Tags: Symposium Articles Source Type: research

False Framings: The Co‐opting of Sex‐Selection by the Anti‐Abortion Movement
Jesudason and Weitz's article examines two public policy debates in California, where both sides of the debate used similar language that had the potential to be detrimental to women. Specifically, they show how anti‐abortion crusaders in California used similar language to describe why women's rights should be curtailed as pro‐choice advocates use when fighting for more choice and privacy for women's reproductive decisions. This commentary builds upon their article by demonstrating the harm that such co‐opting causes to women's rights using the example of sex selective abortion. By examining the legislative history ...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Seema Mohapatra Tags: Symposium Articles Source Type: research

Eggs and Abortion: “Women‐Protective” Language Used by Opponents in Legislative Debates over Reproductive Health
In this paper we undertake an examination of the presence of similar “women‐protective” discourses in policy debates occurring over two bills on reproductive‐related topics considered during the 2013 California legislature session. The first bill (AB154), now signed into law, allows nurse practitioners, certified nurse midwives, and physician assistants to perform first‐trimester aspiration abortions. The second bill (AB926), had it passed, would remove the prohibition on paying women for providing eggs to be used for research purposes. Using frame analysis we find evidence of similar protective arguments by oppo...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Sujatha Jesudason, Tracy Weitz Tags: Symposium Articles Source Type: research

Distinctions in Disclosure: Mandated Informed Consent in Abortion and ART
Enactment of mandated pre‐procedure disclosures in abortion and assisted reproductive technology (ART) services has swelled in recent years. Calls to equally regard these mandates as neutral tools in furtherance of patient protection fail to acknowledge key substantive and structural differences in these reproduction‐affecting mandates. While ART mandates permit physicians to use their medical judgment to protect presumptively vulnerable egg donors and gestational carriers, abortion disclosures impart scientifically suspect messaging aimed at dissuading women from pursuing pregnancy termination. These and other distinc...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Judith Daar Tags: Symposium Articles Source Type: research

Disclosure Two Ways
This article is an initial attempt to compare the pre‐abortion disclosure mandates that have proliferated in the two decades since the Court decided Planned Parenthood v. Casey with laws that, in the context of assisted reproduction and reproductive health, require specific disclosures beyond a state's baseline informed consent requirements. While some scholars have characterized pre‐abortion disclosure laws as sui generis, they share some important common features with disclosure mandates in the context of oocyte donation and other reproductive health procedures. This article suggests that in critiquing pre‐abortion...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Erin B. Bernstein Tags: Symposium Articles Source Type: research