Fordham Urban Law Journal articles from November 2002

Fordham Urban Law Journal archives from November 2002

The role of a lawyer's morals and religion when counseling clients in bioethics.
November 1, 2002... The fields of bioethics and law are inextricably entangled. Many of the toughest and most controversial issues in bioethics--abortion, surrogacy, control of frozen embryos, removal of life-support systems, physician-assisted death--end up being...

Religious contributions to the bioethics debate: utilizing legal rights while avoiding scientific temptations.
November 1, 2002... Religious communities and individuals of faith have much to contribute to the debate on legal issues surrounding bioethics. There is no constitutional problem with their participation in that debate; indeed, constitutional principles protect...

Toward epistemic justice.(response to article by Steven Goldberg in this issue, p. 39)
November 1, 2002... I want to thank the Law School of Fordham University, Dean John Feerick, Professor Russell Pearce, Amy Uelman and Professor Goldberg for the opportunity to participate in this Conference and to display my ignorance of the law! Many of my...

Assisted reproductive technologies and the Constitution.(procreative liberty)
November 1, 2002... Assisted reproductive technologies ("ARTs") have generated a host of new choices that were unimaginable to persons in previous generations. Since the first child conceived through in vitro fertilization ("IVF") was born nearly twenty-five years...

Assisted reproduction in Jewish law.
November 1, 2002... I. ARTIFICIAL INSEMINATION USING THE HUSBAND'S SPERM ("AIH"): JEWISH AND CATHOLIC POSITIONS This Section is devoted to a survey of Jewish law, or halakhah, in relation to AIH, and a comparative discussion of Jewish and Catholic approaches...

Catholic teaching and the law concerning the new reproductive technologies.
November 1, 2002... INTRODUCTION The Roman Catholic Church has had much to say on the vast topic of New Reproductive Technologies ("NRTs"). According to some leading voices in the field, the Church's teachings lie outside the pace of development and...

Protestant perspectives on the uses of the new reproductive technologies.
November 1, 2002... INTRODUCTION Ever since Adam and Eve brought forth the first children, human beings have tried to capture the processes of procreation and bring them under control. We find midwives assisting with childbirth as early as Exodus in...

The Islamic viewpoint on new assisted reproductive technologies.
November 1, 2002... INTRODUCTION The desire to have one's own offspring is a very strong human instinct. The Quran, the holy book of Muslims, documents this fact: "Wealth and progeny are the allurements of this world." (1) A common supplication of Muslims is,...

A goodness-of-fit ethic for informed consent.(people with mental retardation)
November 1, 2002... INTRODUCTION The orientation of legal advocates and social policy makers regarding the rights of the mentally infirm has shifted considerably over the years. Historically, adults with known mental disorders were presumed incompetent and...

The psychology of competence and informed consent: understanding decision-making with regard to clinical research.
November 1, 2002... INTRODUCTION The role of psychology and related mental health disciplines in the informed consent process has gradually evolved from an essentially non-existent role into a central and important one. The importance of informed consent as a...

Protestant perspectives on informed consent (particularly in research involving human participants).
November 1, 2002... INTRODUCTION It is virtually impossible to state the Protestant position on any bioethical problem or issue. As a result, interpreters must focus on one Protestant position or, at most, identify a few Protestant positions with respect to a...

Informed consent without autonomy.(medical ethics)
November 1, 2002... A HYPOTHETICAL CASE Mrs. Mary Carpenter has experienced post-menopausal vaginal bleeding. Her gynecologist, Dr. John, diagnosed endometrial cancer and recommended a hysterectomy. She and her husband, Joe, go to visit Dr. John at his office...

The physician's conscience, conscience clauses, and religious belief: a Catholic perspective.
November 1, 2002... INTRODUCTION Conscientious persons strive to preserve moral integrity. This requires that their external behavior be congruent with their conscience's internal dictates about what they take to be morally right and feel compelled to do. In...

The physician as a conscientious objector.(refusal to terminate life)
November 1, 2002... I. ACCOMMODATION OF THE CONSCIENTIOUS OBJECTOR Rabbinic lore relates an anecdote, probably apocryphal, portraying a lively student who flits from person to person in the study hall. To each one he says, I have an answer. Ask me a question!...

Religious teachings and reflections on advance directive: religious values and legal dilemmas in bioethics; an Islamic perspective.
November 1, 2002... INTRODUCTION In this presentation, the following Islamic concepts will be briefly outlined--the sanctity of life, the concept and definition of death, end-of-life issues, and the resulting issues of advance directives, pain control and...

Catholic social teaching and American legal practice.
November 1, 2002... The very fact that I have been asked to give this lecture is an auspicious omen, not because it acknowledges my somewhat debatable qualifications as a speaker on the topic, but because it indicates that the close connections between theology,...

Response to Avery Cardinal Dulles.(social policy of the Catholic Church)
November 1, 2002... I thank you, Your Eminence, on behalf of Fordham Law School, for your presence tonight and for your powerful, challenging lecture. Words cannot express sufficiently my gratitude to you for accepting our invitation to speak about Catholic social...

Catholic social teaching and American legal practice: a practical response.
November 1, 2002... I am honored to be asked to participate in this dialogue with such distinguished speakers. I hope to contribute to tonight's discussion by responding to Cardinal Dulles's edifying remarks from a practical perspective. (1) Both Dean Feerick and...

Exploring methods to improve management and fairness in pro se cases: a study of the pro se docket in the Southern District of New York.
November 1, 2002... INTRODUCTION Lost in the world of legal procedure and substantive case law, the pro se litigant (1) often finds herself confused and overwhelmed, if not frustrated and bitter. (2) Throughout their litigation, pro se litigants are...