Fordham Urban Law Journal

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

Articles from Vol. 30, No. 1, November

A Goodness-of-Fit Ethic for Informed Consent
INTRODUCTION The orientation of legal advocates and social policy makers regarding the rights of the mentally infirm has shifted considerably over the years. Historically, adults with known mental disorders were presumed incompetent and restricted...
Assisted Reproduction in Jewish Law
I. ARTIFICIAL INSEMINATION USING THE HUSBAND'S SPERM ("AIH"): JEWISH AND CATHOLIC POSITIONS This Section is devoted to a survey of Jewish law, or halakhah, in relation to AIH, and a comparative discussion of Jewish and Catholic approaches to...
Assisted Reproductive Technologies and the Constitution
Assisted reproductive technologies ("ARTs") have generated a host of new choices that were unimaginable to persons in previous generations. Since the first child conceived through in vitro fertilization ("IVF") was born nearly twenty-five years...
Catholic Social Teaching and American Legal Practice
The very fact that I have been asked to give this lecture is an auspicious omen, not because it acknowledges my somewhat debatable qualifications as a speaker on the topic, but because it indicates that the close connections between theology, my...
Catholic Social Teaching and American Legal Practice: A Practical Response
I am honored to be asked to participate in this dialogue with such distinguished speakers. I hope to contribute to tonight's discussion by responding to Cardinal Dulles's edifying remarks from a practical perspective. (1) Both Dean Feerick and the...
Catholic Teaching and the Law concerning the New Reproductive Technologies
INTRODUCTION The Roman Catholic Church has had much to say on the vast topic of New Reproductive Technologies ("NRTs"). According to some leading voices in the field, the Church's teachings lie outside the pace of development and acceptance of...
Conference on Religious Values and Legal Dilemmas in Bioethics: Foreword
FOREWORD When the planning for the Symposium on Religious Values and Legal Dilemmas in Bioethics began, we could not have imagined the dramatic backdrop against which it would take place. As we gathered in the Fordham Law School amphitheatre...
Conference on Religious Values and Legal Dilemmas in Bioethics: Introduction
INTRODUCTION The Articles and Essays contained in this issue of the Fordham Urban Law Journal offer a unique perspective on some of the most exciting and challenging developments in science and technology. They deal with matters of life and death....
Exploring Methods to Improve Management and Fairness in Pro Se Cases: A Study of the Pro Se Docket in the Southern District of New York
INTRODUCTION Lost in the world of legal procedure and substantive case law, the pro se litigant (1) often finds herself confused and overwhelmed, if not frustrated and bitter. (2) Throughout their litigation, pro se litigants are confronted with...
Informed Consent without Autonomy
A HYPOTHETICAL CASE Mrs. Mary Carpenter has experienced post-menopausal vaginal bleeding. Her gynecologist, Dr. John, diagnosed endometrial cancer and recommended a hysterectomy. She and her husband, Joe, go to visit Dr. John at his office at...
Protestant Perspectives on Informed Consent (Particularly in Research Involving Human Participants)
INTRODUCTION It is virtually impossible to state the Protestant position on any bioethical problem or issue. As a result, interpreters must focus on one Protestant position or, at most, identify a few Protestant positions with respect to a particular...
Protestant Perspectives on the Uses of the New Reproductive Technologies
INTRODUCTION Ever since Adam and Eve brought forth the first children, human beings have tried to capture the processes of procreation and bring them under control. We find midwives assisting with childbirth as early as Exodus in scripture, and...
Religious Contributions to the Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations
Religious communities and individuals of faith have much to contribute to the debate on legal issues surrounding bioethics. There is no constitutional problem with their participation in that debate; indeed, constitutional principles protect the...
Religious Teachings and Reflections on Advance Directive: Religious Values and Legal Dilemmas in Bioethics; an Islamic Perspective
INTRODUCTION In this presentation, the following Islamic concepts will be briefly outlined--the sanctity of life, the concept and definition of death, end-of-life issues, and the resulting issues of advance directives, pain control and comfort...
Response to Avery Cardinal Dulles
I thank you, Your Eminence, on behalf of Fordham Law School, for your presence tonight and for your powerful, challenging lecture. Words cannot express sufficiently my gratitude to you for accepting our invitation to speak about Catholic social...
The Islamic Viewpoint on New Assisted Reproductive Technologies
INTRODUCTION The desire to have one's own offspring is a very strong human instinct. The Quran, the holy book of Muslims, documents this fact: "Wealth and progeny are the allurements of this world." (1) A common supplication of Muslims is, "And...
The Physician as a Conscientious Objector
I. ACCOMMODATION OF THE CONSCIENTIOUS OBJECTOR Rabbinic lore relates an anecdote, probably apocryphal, portraying a lively student who flits from person to person in the study hall. To each one he says, I have an answer. Ask me a question! I do...
The Physician's Conscience, Conscience Clauses, and Religious Belief: A Catholic Perspective
INTRODUCTION Conscientious persons strive to preserve moral integrity. This requires that their external behavior be congruent with their conscience's internal dictates about what they take to be morally right and feel compelled to do. In our...
The Psychology of Competence and Informed Consent: Understanding Decision-Making with Regard to Clinical Research
INTRODUCTION The role of psychology and related mental health disciplines in the informed consent process has gradually evolved from an essentially non-existent role into a central and important one. The importance of informed consent as a mechanism...
The Role of a Lawyer's Morals and Religion When Counseling Clients in Bioethics
The fields of bioethics and law are inextricably entangled. Many of the toughest and most controversial issues in bioethics--abortion, surrogacy, control of frozen embryos, removal of life-support systems, physician-assisted death--end up being...
Toward Epistemic Justice
I want to thank the Law School of Fordham University, Dean John Feerick, Professor Russell Pearce, Amy Uelman and Professor Goldberg for the opportunity to participate in this Conference and to display my ignorance of the law! Many of my students...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.