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.

Are All Abortions Equal? Should There Be Exceptions to the Criminalization of Abortion for Rape and Incest?
Politics, public discourse, and legislation restricting abortion has settled on a moderate orthodoxy: restrict abortion, but leave exceptions for pregnancies that result from rape and incest. I challenge that consensus and suggest it may be much harder to defend than those who support the compromise think. From both Pro‐Life and Pro‐Choice perspectives, there are good reasons to treat all abortions as equal. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: I. Glenn Cohen Tags: Symposium Articles Source Type: research

When States Regulate Emergency Contraceptives Like Abortion, What Should Guide Disclosure?
State laws dictating “informed consent” about surgical and chemical abortions sometimes ensnare emergency contraceptives (EC), as the science surrounding EC shows. Courts evaluating mandated disclosures gravitate to professional norms rather than the information most women would value: basic factual information about EC so that they can decide for themselves whether to use these drugs. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Cameron O'Brien Flynn, Robin Fretwell Wilson Tags: Symposium Articles Source Type: research

Casey Meets the Crisis Pregnancy Centers
Recent cases have found factual disclosure requirements to be constitutional when imposed on abortion providers but unconstitutional when imposed on crisis pregnancy centers. This paper argues that the outcomes in both kinds of cases can be explained by courts' perception of abortion as an ideological, political, or moral act rather than as health care. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: B. Jessie Hill Tags: Symposium Articles Source Type: research

Informed Decision Making and Abortion: Crisis Pregnancy Centers, Informed Consent, and the First Amendment
Shifting laws and regulations increasingly displace the centrality of women's health concerns in the provision of abortion services. This is exemplified by the growing presence of deceptive Crisis Pregnancy Centers alongside new informed consent laws designed to dissuade women from seeking abortions. Litigation on informed consent is further complicated in the clinical context due to the increased mobilization of facts – such as the gestational age or sonogram of the fetus – delivered with the intent to dissuade women from accessing abortion. In other words, factual information utilized for ideological purpose. To pres...
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Aziza Ahmed Tags: Symposium Articles Source Type: research

A Matter of Context: Casey and the Constitutionality of Compelled Physician Speech
Under the Supreme Court's compelled speech cases, the context of government‐mandated disclosures determines the standard of review. Pursuant to Casey, Zauderer, and Whalen, compelled disclosures in the medical context, such as speech‐and‐display ultrasound laws, are subject to – and survive – a form of rational basis scrutiny. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Scott W. Gaylord Tags: Symposium Articles Source Type: research

The First Amendment and Physician Speech in Reproductive Decision Making
This article argues that given the doctor's and patient's unique expertise, the patient's strong interests in autonomous decision making, and the fact that these laws regulate speech, rather than conduct, heighted or strict scrutiny should apply to such mandates. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Sonia M. Suter Tags: Symposium Articles Source Type: research

Abortion and Compelled Physician Speech
Informed consent mandates for abortion providers may infringe the First Amendment's freedom of speech. On the other hand, they may reinforce the physician's duty to obtain informed consent. Courts can promote both doctrines by ensuring that compelled physician speech pertains to medical facts about abortion rather than abortion ideology and that compelled speech is truthful and not misleading. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: David Orentlicher Tags: Symposium Articles Source Type: research

INTRODUCTION: Free Speech and the Regulation of Reproductive Health
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - March 1, 2015 Category: Medical Law Authors: Wendy Parmet Tags: Symposium Articles Source Type: research

Calendar of Events
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Tags: Calendar Source Type: research

Global Emergency Legal Responses to the 2014 Ebola Outbreak: Public Health and the Law
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: James G. Hodge, Leila Barraza, Gregory Measer, Asha Agrawal Tags: Columns Source Type: research

Autonomy and Paternalism in Health Policy: Currents in Contemporary Bioethics
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Mark A. Rothstein Tags: Columns Source Type: research

The Fiduciary Relationship Model for Managing Clinical Genomic “Incidental” Findings
This paper examines how the application of legal fiduciary principles (e.g., physicians' duty of loyalty and care, duty to inform, and duty act within the scope of authority), can serve as a framework to promote management of clinical genomic “incidental” or secondary target findings that is patient‐centered and consistent with recognized patient autonomy rights. The application of fiduciary principles to the clinical genomic testing context gives rise to at least four physician fiduciary duties in conflict with recent recommendations by the American College of Medical Genetics and Genomics (ACMG). These recommendati...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Gabriel Lázaro‐Muñoz Tags: Independents Source Type: research

Medical Innovation Then and Now: Perspectives of Innovators Responsible for Transformative Drugs
This study suggests that generating future transformative innovation will require a simplification of the current technology transfer process, continued commitment to basic science research, and policy changes that promote meaningful collaboration between individuals from disparate institutions. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Shuai Xu, Aaron S. Kesselheim Tags: Independents Source Type: research

All Together Now: Developing a Team Skills Competency Domain for Global Health Education
Global health is by definition and necessity a collaborative field; one that requires diverse professionals to address the clinical, biological, social, and political factors that contribute to the health of communities, regions, and nations. While much work has been done in recent years to define the field of global health and set forth discipline‐specific global health competencies, less has been done in the area of interprofessional global health education. This paper documents the results of a roundtable that was convened to study the need for an interprofessional team skills competency domain for global health stude...
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: Virginia Rowthorn, Jody Olsen Tags: Independents Source Type: research

Upstream Health Law
For the first time, entrepreneurs are aggressively developing new technologies and business models designed to improve individual and population health, not just to deliver specialized medical care. Consumers of these goods and services are not yet “patients”; they are simply people. As this sector of the health care industry expands, it is likely to require new forms of legal governance, which we term “upstream health law.” (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - January 6, 2015 Category: Medical Law Authors: William M. Sage, Kelley McIlhattan Tags: Symposium Articles Source Type: research