Now showing items 1-15 of 15

    • Beyond Best Interests 

      Cohen, I. Glenn (The Minnesota Law Review Foundation, 2011)
      As Justice Douglas wrote in Skinner v. Oklahoma, procreation is one of the “basic civil rights of man.” Along with marriage it is “fundamental to the very existence and survival of the race” and the state’s interference ...
    • Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue 

      Cohen, I. Glenn (Wiley Periodicals Inc., 2012)
      On December 1, 2011, in Flynn v. Holder, a panel of the US Court of Appeals for the Ninth Circuit upheld the National Organ Transplant Act of 1984 (NOTA) from a constitutional challenge, but interpreted the act such that ...
    • The Constitution and the Rights Not to Procreate 

      Cohen, I. Glenn (Stanford Law School, 2008)
      Does the Federal Constitution protect a right not to procreate, and what does that mean? Modern reproductive technology has made this question both more salient and more problematic. For example, a number of courts and ...
    • Fetal Pain, Abortion, Viability and the Constitution 

      Cohen, I. Glenn; Sayeed, Sadath Ali (Wiley-Blackwell for the American Society of Law, Medicine & Ethics, 2011)
      In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine ...
    • Inbound medical tourism to Barbados: a qualitative examination of local lawyers’ prospective legal and regulatory concerns 

      Crooks, Valorie A.; Cohen, I. Glenn; Adams, Krystyna; Whitmore, Rebecca; Morgan, Jeffrey (BioMed Central, 2015)
      Background: Enabled by globalizing processes such as trade liberalization, medical tourism is a practice that involves patients’ intentional travel to privately obtain medical care in another country. Empirical legal ...
    • Intentional Diminishment, the Non-Identity Problem, and Legal Liability 

      Cohen, I. Glenn (University of California, Hastings College of the Law, 2008)
      This Article, lying at the intersection of law and bioethics, examines whether it is wrongful to use assisted reproductive technology to intentionally create disabled children and whether legal liability should attach to ...
    • Make it Work!: Breyer on Patents in the Life Sciences 

      Cohen, I. Glenn (Harvard University, Harvard Law School, 2015-06-18)
      This short essay is part of a Harvard Law Review Symposium honoring Justice Breyer on his 20th Year on The Supreme Court. It examines Breyer's opinions and impact on the law of patents in the life sciences, and shows how ...
    • Making Residency Work Hour Rules Work 

      Cohen, I. Glenn; Czeisler, Charles Andrew; Landrigan, Chrisopher (Wiley for American Society of Law, Medicine and Ethics, 2013)
      In July 2011, the ACGME implemented new rules that limit interns to 16 hours of work in a row, but continue to allow 2nd-year and higher resident physicians to work for up to 28 consecutive hours. Whether the ACGME's 2011 ...
    • My Body, My Bank 

      Cohen, I. Glenn (The University of Texas, 2015)
      This essay reviews Kara Swanson’s "Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America" (Harvard University Press, 2014) and uses it as an opportunity to interpolate the history and theory of the ...
    • The Promise and Peril of Using the Law to Promote Ethical Outcomes in Health and Healthcare 

      Largent, Emily (2016-05-09)
      NOTA: NOT A GOOD ACT FOR TISSUES TO FOLLOW The National Organ Transplant Act of 1984 (NOTA) articulates the U.S. federal policy for organ transplantation. It seeks to ensure equitable allocation of donor organs and ...
    • Rationing Legal Services 

      Cohen, I. Glenn (Oxford University Press (OUP), 2013)
      There is a deepening crisis in the funding of legal services in the United States. The House of Representatives has proposed cutting the budget of the Legal Services Corporation (LSC), one of the main funders of legal ...
    • The Right Not to Be a Genetic Parent? 

      Cohen, I. Glenn (University of South California Law Center, 2008)
      Should the law recognize an individual's right not to be a genetic parent when genetic parenthood does not carry with it legal or gestational parenthood? If so, should we allow individuals to waive that right in advance, ...
    • The Science, Fiction, and Science Fiction of Unsex Mothering 

      Cohen, I. Glenn (2012)
      Response to Darren Rosenblum’s UnsexMothering: Toward a Culture of New Parenting
    • Transplant Tourism: The Ethics and Regulation of International Markets for Organs 

      Cohen, I. Glenn (2013)
      “Medical Tourism” is the travel of residents of one country to another country for treatment. In this article I focus on travel abroad to purchase organs for transplant, what I will call “Transplant Tourism.” With the ...