Covid-19: Medical Decisions, Mandates, and High-Risk Minors.

Kensey Dishman was unvaccinated when she contracted Covid-19 at thirteen years old. She also had asthma and is now dead. Her divorced parents disagreed about whether Kensey should be vaccinated, and her father suggested that it was Kensey's own choice to refuse vaccination.

Restricting Reasons: A New Battleground in Abortion Regulation.

The latest trend in abortion restrictions in the United States targets a woman's reasons for terminating a pregnancy. Fourteen states have attempted to enact laws prohibiting abortion on the basis of fetal sex, race, and/or genetic anomaly. These laws are different from regulations tied to a government interest in protecting women's health.

Dying with Dignity; Living with Laws (and Ethics).

An increasing number of jurisdictions allow individuals to obtain medication prescribed by their physicians for medical assistance in dying (MAID). But discussion of whether (and to what extent) individuals have the right to use the health care system to control the time and manner of their death is not limited to MAID. The right also exists in other contexts, such as directing the withdrawal of life-sustaining treatments.

Defining Life and Regulating Reproductive Choice.

If you blinked you may have missed it. The Department of Health and Human Services published its strategic plan for the 2018-2022 fiscal years, which includes the statement that HHS accomplishes its mission through programs and initiatives that serve and protect "Americans at every stage of life, from conception." Of note, the "from conception" language is new and, depending on the direction President Trump's administration plans to go, could have profound implications for the regulation of reproductive services ranging from abortion to in vitro fertilization (IVF).

Membership Has Its Privileges? Life, Personhood, and Potential in Discussions about Reproductive Choice.

As Professor Dov Fox points out in his essay, reference to "potential life" in American abortion jurisprudence is both indeterminate and underspecified. This commentary highlights that use of the phrase "potential life" by courts also obscures the fact that a position has been taken that biological life is not the equivalent of legal personhood. Worse, the position has been imposed on those who do not share it without offering reasons to justify its imposition in terms that those who oppose it can reasonably be expected to endorse.

Beyond abortion: why the personhood movement implicates reproductive choice.

In 2008, an amendment was proposed to the Colorado Constitution that sought to attach the rights and protections associated with legal "personhood" to any human being from the moment of fertilization. Although the initiative was defeated, it sparked a nation-wide Personhood Movement that has spurred similar efforts at the federal level and in over a dozen states. Personhood advocates choose terms like "fertilization," or phrases such as "human being at any stage of development, " to identify the "person"-defining moment in the reproductive process, and these designations have profound implications for reproductive choice.

A brief historical and theoretical perspective on patient autonomy and medical decision making: Part II: The autonomy model.

As part of a larger series addressing the intersection of law and medicine, this essay is the second of two introductory pieces. Beginning with the Hippocratic tradition and lasting for the next 2,400 years, the physician-patient relationship remained relatively unchanged under the beneficence model, a paternalistic framework characterized by the authoritative physician being afforded maximum discretion by the trusting, obedient patient. Over the last 100 years or so, in response to certain changes taking place in both research and clinical practice, the bioethics movement ushered in the autonomy model, and with it, a profoundly different way of approaching decision making in medicine.

A brief historical and theoretical perspective on patient autonomy and medical decision making: Part I: The beneficence model.

As part of a larger series addressing the intersection of law and medicine, this essay is the first of two introductory pieces. This article explores the nature of the physician-patient relationship and of the practice of medicine dating from the Hippocratic tradition to the end of the 19th century, a period during which a beneficence-based medical ethic remained relatively stable. The medical literature dating from the Hippocratic texts to the early codes of the American Medical Association did not include a meaningful role for the patient in the decision-making process.