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Displaying 26 - 50 of 114 items.

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.

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Subject: Legal, Reproduction

Planned Parenthood v. Casey (1992)

Almost ten years after the landmark decision in Roe v. Wade (1973) the battle over abortion was still being waged. The reproductive rights of women in the United States were being challenged yet again by the Pennsylvania Abortion Control Act of 1982. The act was comprised of four provisions that restricted the fundamental right a woman had to obtaining an abortion, as established in Roe v. Wade. The four provisions included spousal notification, information disclosure, a twenty-four hour waiting period, and parental consent for minors.

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Subject: Legal, Reproduction

Buck v. Bell (1927)

In 1927, the US Supreme Court case Buck v. Bell set the legal precedent that states may sterilize inmates of public institutions because the court argued that imbecility, epilepsy, and feeblemindedness are hereditary, and that the inmates should be prevented from passing these defects to the next generation. On 2 May 1927, in an eight to one decision, the US Supreme Court ordered that Carrie Buck, feebleminded daughter of a feebleminded mother and herself the mother of a feebleminded child, be sterilized under the 1924 Virginia Eugenical Sterilization Act. Buck v.

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Subject: Legal, Reproduction

The Baby Doe Rules (1984)

The Baby Doe Rules represent the first attempt by the US government to directly intervene in treatment options for neonates born with congenital defects. The name of the rule comes from the controversial 1982 case of a Bloomington, Indiana infant Baby Doe, a name coined by the media. The Baby Doe Rules mandate that, as a requirement for federal funding, hospitals and physicians must provide maximal care to any impaired infant, unless select exceptions are met. If a physician or parent chooses to withhold full treatment when the exceptions are not met, they are liable for medical neglect.

Format: Articles

Subject: Legal, Reproduction

Gonzales v. Carhart (2007)

In Gonzales v. Carhart (2007), the US Supreme Court held in a five-to-four decision that the 2003 Partial-Birth Abortion Ban Act passed by the US Congress was constitutional. Although the Court previously ruled in Stenberg v. Carhart (2000) that a Nebraska law that prohibited partial-birth abortions was unconstitutional, Gonzales reversed this decision. Gonzales created the precedent that anyone who delivers and kills a living fetus could be subject to legal consequences, unless he or she performed the procedure to save the life of the mother.

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Subject: Legal, Reproduction

Weber v. Stony Brook Hospital (1983)

The New York Court of Appeals' 1983 case Weber v. Stony Brook set an important precedent upholding the right of parents to make medical decisions for newborns born with severe congenital defects. A pro-life New York attorney, Lawrence Washburn, attempted to legally intervene in the case of Baby Jane Doe, an infant born with disorders. When the infant's parents chose palliative care over intensive corrective surgery, Washburn made repeated attempts to have the New York courts force through the surgery.

Format: Articles

Subject: Legal, Reproduction

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).

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Subject: Legal, Reproduction

Sterilization Act of 1924

The passage of the Virginia Sterilization Act of 1924 demonstrates how science has been used to drive policy throughout history. In the case of the Virginia sterilization law, the science used to draft the law was based on the principles of eugenics. With the help of Harry Laughlin's Model Sterilization Law, the state of Virginia was able to pass its own law allowing sterilization of the feebleminded, expressing sterilization as a health issue that needed to be protected from the public.

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Subject: Legal, Reproduction

Eisenstadt v. Baird (1972)

Prior to 1971, women had some difficulty obtaining contraceptive materials due to a law prohibiting the distribution of contraceptives by anyone other than a registered physician or registered pharmacist. This limited access to contraceptives had an impact on women's reproductive rights and it was the Supreme Court case Eisenstadt v. Baird (1972) that helped bring the issue into the public spotlight. It demonstrated that women's bodies have reproductive as well as anatomical functions, and that the right to privacy extends to those reproductive functions.

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Subject: Legal, Reproduction

Bonbrest v. Kotz [Brief] (1946)

This influential opinion was copied throughout the United States allowing civil actions and wrongful death claims on behalf of children who suffered injuries while a viable fetus. The case essentially overruled the opinion by Justice Oliver Wendell Holmes, Jr. in Dietrich v. Inhabitants of Northampton (1884). However, the ability to sue was usually limited in two ways: the fetus had to be viable, and a child had to be born alive to have a claim. These two restrictions have recently been removed in many jurisdictions.

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Subject: Legal, Reproduction

Whole Woman's Health v. Hellerstedt (2016)

In the 2016 case Whole Woman's Health v. Hellerstedt, the US Supreme Court ruled unconstitutional the Texas requirements that abortion providers have admitting privileges at local hospitals and that abortion facilities meet ambulatory surgical center standards. Whole Woman’s Health represented abortion care providers in Texas and brought the case against the commissioner for the Texas Department of State Health Services, John Hellerstedt.

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Subject: Legal, Reproduction

Jeter v. Mayo Clinic Arizona [Brief] (2005)

In Arizona, statutes that protect persons, such as the wrongful death statute, will not be interpreted by the courts to grant personhood status to frozen embryos. The legislature may grant such protection in the statute if it chooses to do so by explicitly defining the word person to include frozen embryos.

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Subject: Legal, Reproduction

Park v. Chessin (1977)

The New York Appellate Court ruled on 11 December 1977 in favor of Steven and Hetty Park and against Herbert Chessin for the wrongful life of the Parks' child. In a wrongful life case, a disabled or sometimes deceased child brings suit against a physician for failing to inform its parents of possible genetic defects, thereby causing harm to the child when born. Park v. Chessin was the first case to rule that medical personnel could be legally responsible for wrongful life. Further cases such as the 1979 case Berman v. Allan and the 1982 case Turpin v.

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Subject: Legal, Reproduction

Berman v. Allan (1979)

The Supreme Court of New Jersey decided the case of Berman v. Allan on 26 June 1979, brought by Shirley Berman and Paul Berman and their daughter Sharon Esther Berman against Ronald Allan and Michael Vincent Attardi, Shirley's physicians. The court dismissed the Bermans' claims for what they termed wrongful life of their daughter, but allowed them to claim compensation as a result of what was termed wrongful birth.

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Subject: Legal, Reproduction

Summerfield v. Superior Court [Brief] (1985)

Arizona joined the majority of states that recognized wrongful death claims on behalf of a viable fetus, regardless of whether the child was born alive or died in the womb by expanding the definition of "person" to include a viable fetus.

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Subject: Legal, Reproduction

Commonwealth v. Luceba Parker [Brief] (1845)

The Court settled the question left open from the case of Commonwealth v. Bangs that it must be proved a woman was "quick with child" in order for abortion prohibitions to have any effect in Massachusetts.

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Subject: Legal, Reproduction

Davis v. Davis [Brief] (1992)

This case was the first of its kind to address questions of personhood in the context of in vitro fertilization of a human embryo. It laid a foundation for future cases to work from: specifically, this case established the importance of prior written agreements for disposition of frozen embryos. This was also the first court decision to borrow the word "pre-embryo" from bioethics to describe the in vitro embryo. This terminology has been copied by many states.

Format: Articles

Subject: Legal, Reproduction

Paretta v. Medical Offices for Human Reproduction [Brief] (2003)

The court decided a child of in vitro fertilization born with cystic fibrosis does not have the right to sue for wrongful life even in the presence of demonstrable acts of medical negligence because to allow such a case would grant the IVF child rights not possessed by naturally born children. The decision in Paretta has not been publicly tested in other jurisdictions.

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Subject: Legal, Reproduction

Nightlight Christian Adoptions, et al. v. Thompson, et al. (2001)

Nightlight Christian Adoptions et al. v. Thompson et al. was a lawsuit filed in the United States District Court for the District of Columbia on 8 March 2001. The suit was filed because Nightlight Christian Adoptions, a frozen embryo adoption agency, felt that the Guidelines for Research Using Human Pluripotent Stem Cells published by the National Institutes for Health were unlawful and violated the restrictions on human embryo research put into place by the Dickey-Wicker Amendment. Additional plaintiffs with this suit were the Christian Medical Association, adult stem cell researcher Dr.

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Subject: Legal, Reproduction

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.

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Subject: Legal, Reproduction

The Comstock Law (1873)

The Comstock Law was a controversial law because it limited the reproductive rights of women and violated every person's right to privacy. This federal law was the beginning of a long fight over the reproductive rights of women which is still being waged. Reproductive rights are important to embryology because they lead to the discussions regarding the morality of abortion, contraceptives, and ultimately the moral status of the embryo.

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Subject: Legal, Reproduction

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.

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Subject: Legal, Reproduction

Doolan v. IVF America [Brief] (2000)

The implication of the court's decision was that Thomas Doolan's identity or personhood existed at the embryo stage in vitro, thus the fact that he was born with cystic fibrosis was not attributable to the decision of the in vitro fertilization providers to implant one embryo instead of another. The other unused embryo may not have carried the cystic fibrosis genes, but that other embryo was not Thomas Doolan. The decision in Doolan has not been publicly tested in other jurisdictions.

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Subject: Legal, Reproduction

J.B. v. M.B. [Brief] (2001)

In a dispute over frozen embryos during a divorce case, the court decided the wife's fundamental right to not procreate mandated destruction of the pre-embryos in light of the husband's continuing ability to procreate with a different partner. The court also said embryo disposition agreements used by in vitro fertilization clinics were generally enforceable subject to either spouse's right to change his or her mind prior to use of the pre-embryos.

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Subject: Legal, Reproduction

A.Z. v. B.Z. [Brief] (2000)

The Massachusetts Supreme Court in a case of first impression decided that a prior written agreement between a husband and wife regarding the disposition of frozen embryos in the event of a divorce was unenforceable. This was the first case to reject the presumption that written agreements to conduct in vitro fertilization practices were binding. The court would not force the husband to become a parent merely because he signed a consent form that would have awarded the frozen embryos to his wife in the event of marital separation.

Format: Articles

Subject: Legal, Reproduction