scholarly journals Recognition of the right to compensation regarding unwanted birth in the American law and insurance of doctors and patients

2013 ◽  
Vol 12 (4) ◽  
pp. 55-63
Author(s):  
Ivana Blagojevic
1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.


2019 ◽  
Vol 9 (4) ◽  
pp. 471-483
Author(s):  
Ling Yu

Chinese law has adopted the safe harbour principle from American law which emphasizes that Internet Service Providers (ISPs) do not have a general obligation for monitoring. However, in judicial practice, the courts have put forward the requirement of duty of care. This paper analyses the Chinese courts’ judgments since 2001, when legislative protection of the ‘right to network dissemination of information’ was introduced. It intends to analyse the specific contents of the duty of care of ISPs and related impact factors in judicial practice, including the link model, link content, and whether to obtain economic benefits.


2018 ◽  
Vol 35 ◽  
pp. 69-98
Author(s):  
Amy Lai

This paper argues that the right to expressing oneself through parodies should constitute part of the core freedom of expression of a normative copyright regime. By drawing upon natural law legal theories, the paper proposes a legal definition of parody that would help to bring the copyright jurisprudence of a jurisdiction more in line with its free speech tradition. It argues that a broad parody definition, one that encompasses a great variety of expressive works but would not compete with the original and its derivatives in the market, is preferable to a narrow one. The paper then explains why the parody defence in American law and the parody exception in the Canadian copyright statute should follow the proposed parody definition, which would properly balance the rights of copyright owners with those of users.


Author(s):  
Lucas A. Powe

This chapter examines Supreme Court cases that were filed over the issue of abortion in Texas. Texas figured in two of the three major decisions on abortion laws in the United States: Roe v. Wade and Whole Woman's Health v. Hellerstedt. The late 1960s witnessed the introduction of various legislative measures to reform abortion laws. Reform measures based on the American Law Institute proposal were initiated in thirty state legislatures, including Texas in 1967. The same year the American Medical Association backed abortion liberalization, abortions were first mentioned at the Supreme Court. The chapter first discusses the case about the right of married couples to obtain contraceptives, which an 1879 Connecticut law severely restricted, and another case, Griswold v. Connecticut, the third attempt at the Court to kill the Connecticut law. It also considers cases involving Roy Lucas, Texas's mandatory sonogram bill, and Texas Senate HB 2.


1907 ◽  
Vol 1 (4) ◽  
pp. 914-929 ◽  
Author(s):  
W. W. Willoughby

The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.


2016 ◽  
Vol 65 (1) ◽  
pp. 87-94
Author(s):  
Umberto Genovese ◽  
Cristina Lombardo ◽  
Igor M Akulin ◽  
Еkaterina А Chesnokova

In Europe, the modern legal systems, as a rule, provide for the right of citizens to a free and informed choice in matter of family planning and procreation, and therefore the right of women to resort to abortion in case of medical and social indications, or even in case of the mother’s request to terminate an unwanted pregnancy. However, being abortion not only a legal issue, but also a social and moral one, different legal systems adopt a wide range of normative models, which take into account, among other things, the existing cultural traditions and the influence of Church on society. Many states recognize the mother and other relatives’ right to compensation arising from the birth of an unwanted child. Much more controversial is the recognition of the rights of a child with a congenital pathology to indemnity from unwanted birth as a result of medical error. In the present article it is examined the experience of Italy, a country where family traditionally represents a considerable cultural and symbolic value. The paper reviews the main normative acts governing the performance of abortion. The research investigates the issues concerning the legal regulation of the compensation for damages arising in connection with the birth of an unwanted child. The present study examines the trend, emerging in the judicial practice, towards the recognition of the physically challenged child’s rights to compensation for the damage deriving from the birth as a result of medical errors.


1966 ◽  
Vol 31 (2) ◽  
pp. 253 ◽  
Author(s):  
William M. Beaney

2007 ◽  
Vol 25 (1) ◽  
pp. 197-204 ◽  
Author(s):  
Saul Cornell

The scholarly debate over the meaning of the Second Amendment and the scope of gun regulation has been marred by ideological distortions. Michael Bellesiles, an ardent supporter of collective rights theory, argued that state control over weapons was virtually unlimited. Now Robert Churchill, a champion of individual rights theory, stakes out an equally bold position. In his view, a distinct and separate right to keep arms evolved under American law. According to this new variant of individual rights theory, the state might regulate bearing arms, but it was prohibited from regulating the right to keep arms.


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