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PubMedDate not supplied

Technology and the legal discourse of fetal autonomy.

The relationship between society, medicine, and the law is multi-faceted and complex. This Article examines the process of, and the influences on, the construction of fetal personhood in the legal discourses in American and Commonwealth case law and statutes. It demonstrates how the physical and visual separation of the fetus, as made possible by medical advances, has influenced the development of legal doctrine relating to the rights of the fetus.

Abortion, Induced↗
PubMedDate not supplied

The law of February 19th 2004, No. 40: procreation and punishment.

The Parliament of the Italian Republic, on 19 February 2004, has approved Law no. 40 on Medically Assisted Procreation. This law was adopted by the majority of the members of the Chamber, including both catholic as well as non-catholic members. The main opposition comes from the Church, which is against any form of artificial procreation. In spite of this, we must not forget that this law sets numerous limitations to Medically Assisted Procreation, which makes it unique in the matter. Examples are the prohibition to conceive a human being using in vitro fertilisation with sperm that is not from the parents, or the prohibitions of having parents of an advanced age or using the sperm once the donor is dead. Therefore, this article is based on the idea that every regulation on Assisted Procreation must be done from a rational perspective. The article analyses section by section the law emphasizing the importance that the legislator has. Stating that the legislator must take into account the constitutional personal rights (human dignity) and must likewise include punitive sanctions within the framework of the modern penal law.

Criminal Law↗
PubMed2002

A battle over birth "control": legal and legislative employer prescription contraception benefit mandates.

Under the Pregnancy Discrimination Act (PDA), employers are prohibited from discriminating against women by treating pregnancy and childbirth different from other medical conditions. Employers who offer medical benefits to their employees have thus been required to cover pregnancy-related medical costs on the same terms as other medical coverage. The cost of prescription contraception, however, has generally not been covered by employer-sponsored medical plans, even while other prescription drugs were. This Note examines the recent case of Erickson v. Bartell Drug Co., which challenged this practice of excluding prescription contraception coverage as discriminatory under the PDA, and argues that further federal legislation is necessary to ensure the equal treatment of women in the workplace.

Catholicism↗