A comparative study of the social, ethical and legal reasons why India has banned all forms of gender selection, and how those reasons apply in the context of a constitutional analysis of gender selection in the United State. India presents a unique example of the problems that can arise given unrestricted usage of gender selection. After decades of permitting gender selection, India has experienced drastic social ramifications in the form of a markedly skewed sex ratio, thus drawing international attention to their practices of selective abortion and female infanticide, the purposeful killing of unwanted female newborns. This paper also focuses on the potential effect of new technologies that allow gender selection to be performed prior to fertilization.
{"title":"Where have all the young girls gone? Preconception gender selection in India and the United States.","authors":"Kenan Farrell","doi":"10.18060/17761","DOIUrl":"https://doi.org/10.18060/17761","url":null,"abstract":"A comparative study of the social, ethical and legal reasons why India has banned all forms of gender selection, and how those reasons apply in the context of a constitutional analysis of gender selection in the United State. India presents a unique example of the problems that can arise given unrestricted usage of gender selection. After decades of permitting gender selection, India has experienced drastic social ramifications in the form of a markedly skewed sex ratio, thus drawing international attention to their practices of selective abortion and female infanticide, the purposeful killing of unwanted female newborns. This paper also focuses on the potential effect of new technologies that allow gender selection to be performed prior to fertilization.","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"13 1 1","pages":"253-81"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67613097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Where have all the young girls gone? Preconception gender selection in India and the United States.","authors":"Kenan Farrell","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"13 1","pages":"253-81"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24596938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Austrian Psychotherapy Act: no legal duty to warn.","authors":"D. Kenworthy","doi":"10.18060/17726","DOIUrl":"https://doi.org/10.18060/17726","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"11 2 1","pages":"469-505"},"PeriodicalIF":0.0,"publicationDate":"2001-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67613026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Few legal topics have raised more debate than the right of a pregnant woman to refuse medical treatment for religious, moral, philosophical, or personal reasons.' A woman's decision raises common law, statutory, constitutional, and ethical questions. Courts must define the scope of a pregnant woman's right to privacy in her own bodily integrity and compare that right to the State's interest in protecting the health of the viable fetus. 2 Courts in the United States and United Kingdom have adopted the general rule that a pregnant woman may refuse medical treatment; however, each system provides different exceptions to the general rule.3 This Note has two purposes. First, this Note will explain the development of a pregnant woman's right to refuse medical treatment in both the United States and the United Kingdom,4 and second, this Note will explore the situations where each system allows courts to intervene and force treatment. While the judicial system of the United Kingdom allows a court to override a woman's choice in certain circumstances, a majority of courts in the United States have not used this approach. This Note will explain the source of the right to refuse treatment in the United States and United Kingdom and then compare and contrast the exceptions to the general rule in an attempt to formulate the best approach to these precarious moral and legal dilemmas.
{"title":"A comparative analysis of the right of a pregnant woman to refuse medical treatment for herself and her viable fetus: the United States and United Kingdom.","authors":"B. Glass","doi":"10.18060/17727","DOIUrl":"https://doi.org/10.18060/17727","url":null,"abstract":"Few legal topics have raised more debate than the right of a pregnant woman to refuse medical treatment for religious, moral, philosophical, or personal reasons.' A woman's decision raises common law, statutory, constitutional, and ethical questions. Courts must define the scope of a pregnant woman's right to privacy in her own bodily integrity and compare that right to the State's interest in protecting the health of the viable fetus. 2 Courts in the United States and United Kingdom have adopted the general rule that a pregnant woman may refuse medical treatment; however, each system provides different exceptions to the general rule.3 This Note has two purposes. First, this Note will explain the development of a pregnant woman's right to refuse medical treatment in both the United States and the United Kingdom,4 and second, this Note will explore the situations where each system allows courts to intervene and force treatment. While the judicial system of the United Kingdom allows a court to override a woman's choice in certain circumstances, a majority of courts in the United States have not used this approach. This Note will explain the source of the right to refuse treatment in the United States and United Kingdom and then compare and contrast the exceptions to the general rule in an attempt to formulate the best approach to these precarious moral and legal dilemmas.","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"11 2 1","pages":"507-41"},"PeriodicalIF":0.0,"publicationDate":"2001-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67613041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Austrian Psychotherapy Act: no legal duty to warn.","authors":"D J Kenworthy","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"11 2","pages":"469-505"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22328555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A comparative analysis of the right of a pregnant woman to refuse medical treatment for herself and her viable fetus: the United States and United Kingdom.","authors":"B J Glass","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"11 2","pages":"507-41"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22328556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Organ donor laws in the U.S. and U.K.: the need for reform and the promise of xenotransplantation.","authors":"T. Hoffman","doi":"10.18060/17706","DOIUrl":"https://doi.org/10.18060/17706","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"10 2 1","pages":"339-86"},"PeriodicalIF":0.0,"publicationDate":"2000-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67611988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Organ donor laws in the U.S. and U.K.: the need for reform and the promise of xenotransplantation.","authors":"T J Hoffman","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"10 2","pages":"339-86"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22131340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Movies and science fiction novels for years have depicted ancient and exotic animals resurrected from extinction by mad scientists and out-of-thisworld phenomena. While in actuality we have yet to see any such resurrections, the theoretical results once thought to be science fiction fantasy have come a step closer to reality as powerful technology has been developed which allows the production of genetically identical copies of living, breathing animals through the process of cloning. Cloning technology carries moral, cultural, scientific and legal implications. Today, researchers and scientists work diligently to develop groundbreaking technology that must be protected through worldwide patenting of the fruits of their labor. Recent advances in cloning and other scientific technology have reached the point that there is "virtually no life form which does not have the potential as the subject of a patent application,"2 including human beings. Japan has been at the forefront of the development of cloning technology. In the summer of 1998, Japanese researchers announced that they had successfully cloned a cow. This success, combined with other recent cloning developments throughout the world, immediately raised the question of whether cloning could have human applications, and ultimately whether human cloning was possible. Thus begins a debate that transcends the realms of morality, culture, ethics, and the law. Parts II and III of this note address scientific research in Japan in general, and the science of cloning specifically. Part IV provides an overview of the patent law system of Japan, and Part V discusses religious and cultural influences on Japanese morality. The note then turns specifically to human cloning, beginning with Part VI which presents arguments both for and against human cloning. Part VII describes why human cloning is contrary to morality in Japan and asserts that there is no need for governmental regulation of human cloning research in Japan because Japan's patent law system provides both adequate regulation of the technology and the flexibility to allow potentially useful technology to emerge and to allow societal views to change.
{"title":"Human cloning research in Japan: a study in science, culture, morality, and patent law.","authors":"C. Borowski","doi":"10.18060/17509","DOIUrl":"https://doi.org/10.18060/17509","url":null,"abstract":"Movies and science fiction novels for years have depicted ancient and exotic animals resurrected from extinction by mad scientists and out-of-thisworld phenomena. While in actuality we have yet to see any such resurrections, the theoretical results once thought to be science fiction fantasy have come a step closer to reality as powerful technology has been developed which allows the production of genetically identical copies of living, breathing animals through the process of cloning. Cloning technology carries moral, cultural, scientific and legal implications. Today, researchers and scientists work diligently to develop groundbreaking technology that must be protected through worldwide patenting of the fruits of their labor. Recent advances in cloning and other scientific technology have reached the point that there is \"virtually no life form which does not have the potential as the subject of a patent application,\"2 including human beings. Japan has been at the forefront of the development of cloning technology. In the summer of 1998, Japanese researchers announced that they had successfully cloned a cow. This success, combined with other recent cloning developments throughout the world, immediately raised the question of whether cloning could have human applications, and ultimately whether human cloning was possible. Thus begins a debate that transcends the realms of morality, culture, ethics, and the law. Parts II and III of this note address scientific research in Japan in general, and the science of cloning specifically. Part IV provides an overview of the patent law system of Japan, and Part V discusses religious and cultural influences on Japanese morality. The note then turns specifically to human cloning, beginning with Part VI which presents arguments both for and against human cloning. Part VII describes why human cloning is contrary to morality in Japan and asserts that there is no need for governmental regulation of human cloning research in Japan because Japan's patent law system provides both adequate regulation of the technology and the flexibility to allow potentially useful technology to emerge and to allow societal views to change.","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"9 2 1","pages":"505-35"},"PeriodicalIF":0.0,"publicationDate":"1999-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67611662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human cloning research in Japan: a study in science, culture, morality, and patent law.","authors":"C M Borowski","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83742,"journal":{"name":"Indiana international & comparative law review","volume":"9 2","pages":"505-35"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22316187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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