scholarly journals A Pro-Choice Response to New York’s Reproductive Health Act

Philosophies ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 15
Author(s):  
Bertha Alvarez Manninen
Keyword(s):  
New York ◽  
Reproductive Health ◽  
End Of Life Care ◽  
Human Life ◽  
New York State ◽  
Choice Response ◽  
Moral Permissibility ◽  
Voluntary Active Euthanasia ◽  
The Right ◽  
Pro Choice

On 22 January 2019, New York state passed the Reproductive Health Act (RHA), which specifies three circumstances under which a healthcare provider may perform an abortion in New York: (1) the patient is within twenty-four weeks of pregnancy, (2) the fetus is non-viable, or (3) the abortion is necessary to protect the patient’s life or health. The first one, that of abortion being accessible within the first twenty-four weeks of pregnancy, is not unique to New York, as many other states allow medical professionals to provide abortions during this time. The latter two have caused significant controversy because they detail certain circumstances in which abortions would be accessible after twenty-four weeks. This paper will focus on these latter two circumstances. I will first argue that any debate or discussion about (2) must go beyond the conventional debate about the ethics of abortion and incorporate, more appropriately, a discussion on euthanasia and the ethics of end-of-life care for nascent human life. In particular, it requires us to consider the morality of non-voluntary active euthanasia for non-viable fetuses, rather than just a discussion of the ethics of late term abortions. When it comes to (3), I will argue that assessing its moral permissibility actually raises some legitimate moral concerns, even from a reproductive rights perspective. On certain readings, it seems as if condition (3) would allow for the termination of a healthy fetus for reasons not related to the mother’s physical health or life. If this is the case, I argue, the right to an abortion would be construed as a right to fetal termination, rather than just fetal evacuation. However, I will argue that there are good reasons that pro-choice advocates should interpret the right to an abortion as a right to fetal evacuation instead of termination, and if this is the case, a woman should not be able to demand the death of a healthy fetus if ending the pregnancy safely via fetal evacuation would suffice.

scholarly journals High Intensity of End-of-Life Care Among Adolescent and Young Adult Cancer Patients in the New York State Medicaid Program

Medical Care ◽  
2015 ◽  
Vol 53 (12) ◽  
pp. 1018-1026 ◽  
Author(s):  
Jennifer W. Mack ◽  
Kun Chen ◽  
Francis P. Boscoe ◽  
Foster C. Gesten ◽  
Patrick J. Roohan ◽  
...  
Keyword(s):  
New York ◽  
Young Adult ◽  
Cancer Patients ◽  
End Of Life Care ◽  
New York State ◽  
Adolescent And Young Adult ◽  
Life Care ◽  
Medicaid Program ◽  
York State ◽  
Young Adult Cancer

Considering Precedent in Louisiana: Balancing the Value of Predictable and Certain Interpretation with the Tradition of Flexibility and Adaptability

2013 ◽  
pp. 1-19
Author(s):  
Mary Garvey Algero
Keyword(s):  
United States ◽  
New York ◽  
Common Law ◽  
New York State ◽  
Civil Law ◽  
The United States ◽  
Stare Decisis ◽  
The Common ◽  
Judicial Opinions ◽  
The Right

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.

scholarly journals Do young adults see value in advance directives?

2021 ◽  
Vol 5 (Supplement_1) ◽  
pp. 850-850
Author(s):  
Yuchi Young ◽  
Arianna Stone ◽  
Taylor Perre ◽  
Kuo-Piao Chung ◽  
Ya-Mei Chen
Keyword(s):  
New York ◽  
Young Adults ◽  
End Of Life ◽  
End Of Life Care ◽  
New York State ◽  
Healthcare Providers ◽  
Population Based ◽  
Life Care ◽  
Study Results ◽  
Attitude Toward Ads

Abstract Many Americans avoid end-of-life care planning; only 26% have completed an advance directive (AD). An AD promotes end-of-life care with dignity allowing individuals to make end-of-life treatment and care decisions before they are unable to do so. Previous studies related to ADs are focused on older adults with serious illness or people with functional/mental disability. The objective of this survey is to better understand young adults' knowledge of and attitude toward ADs and their preferences for ADs related to treatment and care options. Methods. Participants include graduate students (n=25) attending a state university in New York State (NYS). Data were collected using two ADs (Five Wishes; Medical Orders for Life-Sustaining Treatment (MOLST)) and one survey questionnaire. Summary statistics and multivariate models will be used to address the study aims. Results. Preliminary results show the average age was 23 years, 72% were female, 48% White, and 44% Black. The majority of young adults hadn’t completed an AD; however, their attitude toward ADs was positive; the majority believe it is important to have an AD prepared at their current age; and they believe young adults would willing to fill out ADs. Young adults can make difficult treatment and care decisions when the situation requires it. Conclusion. The study findings can be useful to policy makers, healthcare providers and other stakeholders in promoting population-based healthcare decision-making. Limitation. Participants were recruited from one university in NYS; thus, the study results may be generalized to a population sharing similar characteristics.

35 United States of America

2018 ◽  
Author(s):  
Cohn Joshua
Keyword(s):  
United States ◽  
New York ◽  
United States Of America ◽  
New York State ◽  
The United States ◽  
Cross Border ◽  
Security Interest ◽  
Bankruptcy Code ◽  
The Right ◽  
The U.S

This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.

Right to Refuse Treatment: The Knowledge Gap

1979 ◽  
Vol 7 (4) ◽  
pp. 457-461
Author(s):  
Ronald E. Johnson ◽  
Henry C. Weinstein
Keyword(s):  
New York ◽  
New York City ◽  
New York State ◽  
State Regulation ◽  
York State ◽  
Psychiatric Residents ◽  
Right To Refuse Treatment ◽  
The Right ◽  
Appeal Procedure ◽  
Right To Refuse

The authors conducted a survey of psychiatric residents in New York City to determine their familiarity with a New York State regulation dealing with a patient's right to refuse treatment which had been promulgated 2 years previously. Twenty percent of those responding did not know the regulation existed and 75 percent had never seen a copy of it. Sixty-one percent did not know of an important appeal procedure whereby a patient could implement the right. The implications for future residency training and additional studies are discussed.

The Right of the Psychiatric Patient to Refuse Treatment

1976 ◽  
Vol 4 (4) ◽  
pp. 515-533 ◽  
Author(s):  
Marvin A. Stone
Keyword(s):  
New York ◽  
Due Process ◽  
Psychiatric Patients ◽  
New York State ◽  
York State Department ◽  
York State ◽  
Right To Refuse Treatment ◽  
14Th Amendment ◽  
The Right ◽  
Right To Refuse

A comprehensive review of the psychiatric patient's right to refuse treatment is presented and compared to a right to treatment. Involuntary psychiatric patients are still denied an adequate right to refuse treatment based largely on their involuntary status. An argument is presented which explores the lack of a rational basis for this denial based on the involuntary v. voluntary status classification as used in the New York State Mental Hygiene Law and the New York State Department of Mental Hygiene's regulations. This would be in violation of the equal protection and due process clauses of the 14th amendment. A more strict view of the right to refuse treatment which could only be denied by a judicial decree of incompetency would promote a better therapeutic alliance that will be in the patient's interest.

Conceptualising and enforcing the right to quality education for minorities and disadvantaged groups: reflections on the Campaign for Fiscal Equity litigation

2018 ◽  
pp. 131-142
Author(s):  
Helen Taylor
Keyword(s):  
New York ◽  
Public Schools ◽  
New York State ◽  
Quality Education ◽  
Fiscal Equity ◽  
Disadvantaged Groups ◽  
Strategic Value ◽  
Campaign For Fiscal Equity ◽  
The Right ◽  
Education Adequacy

This chapter examines how the focus on ensuring quality education for all can strengthen both the conceptualisation and enforcement of the right to education for minorities and disadvantaged groups, considering the Campaign for Fiscal Equity litigation in the New York State courts as a case study. The Campaign for Fiscal Equity litigation, which dealt with the constitutionality of New York State's education financing scheme, clearly demonstrates the strategic value that a human rights-based assessment of quality holds for ensuring equality in education provision. While the plaintiffs' argument based on education equality failed, their successful claim based on education adequacy indirectly helped to ensure a more equitable allocation of funding to public schools in New York City. The litigation also shows the close link and challenges between the conceptualisation of the right to quality education and the court's role when enforcing it.

Deterrence or Brutalization

1980 ◽  
Vol 26 (4) ◽  
pp. 453-484 ◽  
Author(s):  
William J. Bowers ◽  
Glenn L. Pierce
Keyword(s):  
New York ◽  
Capital Punishment ◽  
Time Trends ◽  
Human Life ◽  
New York State ◽  
Long Term Effects ◽  
Short Term ◽  
Mass Murders ◽  
Effects Of War

In this study, we find that in New York State over the period 1907-63 there were, on the average, two additional homicides in the month after an execution. Controls for time trends, seasonality, the effects of war, and adjustments for autocorrelation tend to confirm this finding. Such a "brutalizing" effect of executions is consistent with research on violent events such as publicized suicides, mass murders, and assassinations; with previous studies of the long-term effects of the availability and use of capital punishment; and with a small number of investigations of the short-term impact of executions in the days, weeks, and months that fol low. This suggests that the message of executions is one of "lethal ven geance" more than deterrence. The resulting sacrifice of human life chal lenges the constitutionality of capital punishment.

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