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45 CFR 46: Protection of Human Subjects under United States Law (1974)

In the United States, the Code of Federal Regulations Title 45: Public Welfare, part 46 (45 CFR 46) provides protection for human subjects in research carried out or supported by most federal departments and agencies. 45 CFR 46 created a common federal policy for the protection of such human subjects that was accepted by the Office of Science and Technology Policy and issued by each of the departments and agencies listed in the document.

Format: Articles

Subject: Legal

Forbes v. Napolitano (2000)

Forbes v. Napolitano (2000) was a US court case that established that Arizona researchers could use fetal tissues from induced abortions for basic scientific research, for instance, as a source of stem cells. The case challenged the constitutionality of the Arizona Revised Statute (ARS) 36-2303 in the Ninth Circuit US Court of Appeals, a law that banned researchers from using fetal tissues from abortions for any type of medical experimentation or investigation. The Ninth Circuit US Court of Appeals decision in Forbes v.

Format: Articles

Subject: Legal

“Reproductive Injustice: Racial and Gender Discrimination in U.S. Healthcare” (2014), by the Center for Reproductive Rights, the National Latina Institute for Reproductive Health, and SisterSong Women of Color Reproductive Justice Collective

In 2014, the Center for Reproductive Rights, SisterSong Women of Color Reproductive Justice Collective, and the National Latina Institute for Reproductive Health released a co-authored report titled “Reproductive Injustice: Racial and Gender Discrimination in U.S. Healthcare,” hereafter “Reproductive Injustice.” In “Reproductive Injustice,” the organizations evaluate trends in the US federal system concerning racial and gender discrimination in sexual and reproductive healthcare.

Format: Articles

Subject: Publications, Organizations, Outreach, Legal

Planned Parenthood Committee of Phoenix v. Maricopa County (1962)

In the 1962 case Planned Parenthood Committee of Phoenix v. Maricopa County, the Arizona Supreme Court ruled that Arizona Revised Statute 13-213, which banned the public advertising of contraceptive or abortion medication or services, was constitutional. However, the court also ruled that that Arizona Revised Statute 13-213 did not apply to Planned Parenthood's distribution of contraceptive information, allowing Planned Parenthood to continue distributing the information.

Format: Articles

Subject: Legal, Organizations

Tucson Woman's Clinic v. Eden (2004)

The case Tucson Woman's Clinic v. Eden (2004) established that some of Arizona's abortion clinic laws violated physicians' and patients' rights to privacy, and it required those laws to be rewritten. The laws required most abortion providers to be licensed with the Arizona Department of Health Services and to submit to all the regulations the Department established for abortion clinics. The regulations allowed the state to search abortion clinics without warrants and to access patient records and ultrasound prints, among other provisions.

Format: Articles

Subject: Legal

Evans v. People of the State of New York [Brief] (1872)

Attempts by the New York legislature to make abortion a crime regardless of the stage of gestation were permanently frustrated because the court decided that manslaughter cannot occur until the law recognizes a living being in gestation and that only happens after quickening.

Format: Articles

Subject: Legal, Reproduction

"Limitations in Abortion Legislation: A Comparative Study" (2007), by Orli Lotan

Written by Orli Lotan on behalf of the Knesset (Israeli Parliament) Center for Research and Information, "Limitations in Abortion Legislation: A Comparative Study" (hereafter abbreviated "Legislation") examines abortion legislation in Israel, the US, Canada, and a number of European countries. The study also acknowledges the medical, moral, ethical, and religious implications of abortion and the impact of such legislation on society in each country.

Format: Articles

Subject: Publications, Legal, Reproduction

ABO Blood Type Identification and Forensic Science (1900-1960)

The use of blood in forensic analysis is a method for identifying individuals suspected of committing some kinds of crimes. Paul Uhlenhuth and Karl Landsteiner, two scientists working separately in Germany in the early twentieth century, showed that there are differences in blood between individuals. Uhlenhuth developed a technique to identify the existence of antibodies, and Landsteiner and his students showed that humans had distinctly different blood types called A, B, AB, and O.

Format: Articles

Subject: Theories, Legal, Technologies

The Report of the Committee of Inquiry into Human Fertilisation and Embryology (1984), by Mary Warnock and the Committee of Inquiry into Human Fertilisation and Embryology

The Report of the Committee of Inquiry
into Human Fertilisation and Embryology, commonly called the Warnock
Report after the chair of the committee Mary Warnock, is the 1984
publication of a UK governmental inquiry into the social impacts of
infertility treatment and embryological research. The birth of Louise
Brown in 1978 in Oldham, UK, sparked debate about reproductive and
embryological technologies. Brown was conceived through in vitro
fertilization (IVF), a process of fertilization that occurs outside of

Format: Articles

Subject: Publications, Legal, Ethics

York v. Jones [Brief] (1989)

The court treated frozen embryos possessed by an in vitro fertilization clinic as property owned by the parents and held under a bailment contract by the clinic. As such, the contract between the parties controlled disposition of the embryos but when the contract ended, control of the embryos reverted back to the parents. This decision had little effect on subsequent embryo cases because the circumstances were so unusual. Neither party contended the embryos had any rights.

Format: Articles

Subject: Legal, Reproduction

Bellotti v. Baird (1979)

On 2 July 1979, the United States Supreme Court decided Bellotti v. Baird, ruling that a Massachusetts law that prohibited minors from obtaining abortions without parental consent was unconstitutional. That law prohibited minors from receiving abortions without permission from both of their parents or a superior court judge. Under that law, if one or both of the minor’s parents denied consent, the minor could petition a superior court judge who would determine whether the minor was competent enough to make the decision to abort on her own.

Format: Articles

Subject: Legal

Griswold v. Connecticut (1965)

The landmark Supreme Court case, Griswold v. Connecticut (1965), gave women more control over their reproductive rights while also bringing reproductive and birth control issues into the public realm and more importantly, into the courts. Bringing these issues into the public eye allowed additional questions about the reproductive rights of women, such as access to abortion, to be asked. This court case laid the groundwork for later cases such as Eisenstadt v. Baird (1972) and Roe v. Wade (1973).

Format: Articles

Subject: Legal, Reproduction

Thesis: Substance-Exposed Newborns in Arizona: An Analysis of Medically, Ethically, and Legally Appropriate Federal and State Responses

In an attempt to discover, analyze, and compile those complex issues with which community health workers should be knowledgeable, this project explores existing federal regulations regarding substance-exposed newborns, compares Arizona’s regulations to Minnesota’s, Virginia’s, and Washington’s, and analyzes prevailing literature in the field about the various implications associated with screening and reporting substance-exposed newborns to law enforcement authorities.

Format: Essays and Theses

Subject: Legal

Gonzales v. Planned Parenthood Federation of America, Inc. (2007)

Gonzales v. Planned Parenthood Federation of America, Inc. (Gonzales v. Planned Parenthood) was the 2007 US Supreme Court case in which the Court declared the Partial Birth Abortion Ban Act of 2003 constitutional, making partial birth abortions illegal. In 2003, the US Congress passed the Partial-Birth Abortion Ban Act, which prohibited an abortion technique called partial birth abortion. A partial birth abortion is similar to, but not the same as, a Dilation and Extraction or D&X abortion, which is what the Ban was intended to prohibit. Gonzales v.

Format: Articles

Subject: Legal

Nelson v. Planned Parenthood Center of Tucson (1973)

The 1973 case Nelson v. Planned Parenthood Center of Tucson established the legality of abortion in Arizona. The Arizona Court of Appeals ruled that the Arizona Revised Statutes 13-211, 13-212, and 13-213, collectively called the Arizona abortion statutes, were unconstitutional. The statutes had made illegal receiving, providing, or advertising abortions. After the Arizona Appeals Court heard the case, it decided that the Arizona abortion statutes were constitutional. However, two weeks later the US Supreme Court decided in Roe v.

Format: Articles

Subject: Legal

City of Akron v. Akron Center for Reproductive Health (1983)

In the 1983 case City of Akron v. Akron Center for Reproductive Health the US Supreme Court ruled that certain requirements of the city of Akron’s “Regulation on Abortion” ordinance violated women’s rights to abortions. Despite the legalization of abortion in the 1973, with the US Supreme Court case Roe v. Wade, individual states passed legislation regulating certain aspects of abortion.

Format: Articles

Subject: Legal

Turpin v. Sortini (1982)

The Supreme Court of California reversed the Superior Court of Fresno County's decision to dismiss the Turpins' claims in the case Turpin v. Sortini on 3 May 1982. The case was based upon a wrongful life claim, in which a disabled child sues physicians for neglecting to inform its parents of potential genetic defects, resulting in harm to the child when it is born. The Turpin case determined tha a physician could be liable for failing to inform parents of potential birth defects in the fetus.

Format: Articles

Subject: Legal, Reproduction

Eugenical Sterilization in the United States (1922), by Harry H. Laughlin

Eugenical Sterilization in the United States is a 1922 book in which author Harry H. Laughlin argues for the necessity of compulsory sterilization in the United States based on the principles of eugenics. The eugenics movement of the early twentieth century in the US focused on altering the genetic makeup of the US population by regulating immigration and sterilization, and by discouraging interracial procreation, then called miscegenation.

Format: Articles

Subject: Outreach, Legal, Ethics, Publications

The Hyde Amendment of 1976

In 1976, the US Congress passed the Hyde Amendment, which banned the use of federal funding to pay for abortions through Medicaid. In 1976, Illinois Congressman Henry J. Hyde proposed the amendment to the Departments of Labor and Health, Education, and Welfare, Appropriation Act of 1977. In 1980, the US Supreme Court in Harris v. McRae (1980) upheld the constitutionality of the Hyde Amendment.

Format: Articles

Subject: Legal

Harris v. McRae (1980)

On 30 June 1980, in a five to four decision, the US Supreme Court ruled in the Case Harris v. McRae that the Hyde Amendment of 1976 did not violate the US Constitution. The Hyde Amendment banned the use of federal funding to pay for any abortion services. The US Supreme Court's decision in Harris v. McRae overturned the decision of McRae v. Califano (1980), in which the US District Court for the Eastern District of New York had ruled that the funding restrictions established by the Hyde Amendment violated the US Constitution. After the US Supreme Court's ruling in Harris v.

Format: Articles

Subject: Legal

Kass v. Kass [Brief] (1998)

In a case of first impression in the state of New York, the highest state court decided that a priori written agreement between progenitors of frozen embryos regarding the disposition of their "pre-zygotes" in the event of divorce is binding. By copying the general result arrived at by the Tennessee Supreme Court in Davis v. Davis in 1992, the New York court magnified the weight of authority in favor of upholding prior written agreements for in vitro fertilization practices.

Format: Articles

Subject: Legal, Reproduction

The People of the State of New York v. Margaret H. Sanger (1918)

In 1918, the New York State Court of Appeals in Albany broadened the justification physicians could use to prescribe contraceptives to married patients in the case The People of the State of New York v. Margaret H. Sanger (People v. Sanger). The presiding judge of People v. Sanger, Frederick Crane, ruled that under Section 1145 of the New York Penal Code physicians could provide contraceptives to married couples for the prevention of disease.

Format: Articles

Subject: Legal

Planned Parenthood v. Danforth (1976)

On 1 July 1976, the US Supreme Court decided in the case Planned Parenthood v. Danforth that provisions of a Missouri law regulating abortion care were unconstitutional. That law, House Bill 1211, restricted abortion care by requiring written consent for each abortion procedure from the pregnant woman as written consent of the woman’s husband if she was married, or the written consent of her parents if she was unmarried and younger than eighteen. House Bill 1211 also required that physicians make efforts to preserve the lives of aborted fetuses.

Format: Articles

Subject: Legal

Title 1, Subtitle B, Parts I, II, and III of the “National Institutes of Health Revitalization Act of 1993” (1993)

In 1993, the NIH published the Revitalization Act that established guidelines for minorities’ and women’s participation in clinical research. Before the 1990s, investigators largely excluded women from their research based on the 1979 guidance from the US Food and Drug Administration, or FDA. The FDA urged investigators to exclude any woman who was or could become, pregnant to protect the woman and any developing fetuses from harm.

Format: Articles

Subject: Legal

Thomson, et al. v. Thompson, et al. (2001)

Thomson, et al. v. Thompson, et al. was a lawsuit filed in the United States District Court for the District of Columbia on 8 May 2001 as Civil Action Number 01-CV-0973. This lawsuit was filed in hopes of gaining injunctive relief against a moratorium on the federal funding of stem cell research. The plaintiffs in the case were seven prominent scientists who performed embryonic stem cell research and three patients: James Thomson, Roger Pedersen, John Gearhart, Douglas Melton, Dan Kaufman, Alan Trounson, Martin Pera, Christopher Reeve, James Cordy, and James Tyree.

Format: Articles

Subject: Legal