Relevant bibliographies by topics / Human reproductive technology Law and legislation United States

Academic literature on the topic 'Human reproductive technology Law and legislation United States'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Human reproductive technology Law and legislation United States"

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Baker, Doris J., and Mary A. Paterson. "Distributive Justice and the Regulation of Fertility Centers: An Analysis of the Fertility Clinic Success Rate and Certification Act." Cambridge Quarterly of Healthcare Ethics 3, no. 3 (1994): 383–90. http://dx.doi.org/10.1017/s0963180100005211.

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The right to conceive and bear children has been protected both in law and in policy. Human society has from its earliest time valued children and defended procreation as a basic right.Modern health technology offers the possibility of conception to the estimated 2.5 million infertile couples who may wish to have children. For these persons, infertility treatment offers the hope of having children, an activity deemed basic and essential in human society.In general, the state has been reluctant to directly interfere in the reproductive decisions of individuals. However, the state may act to increase or reduce access to reproductive services in a variety of ways. For example, recent legislation regulating fertility clinics affects the distribution of assisted reproductive technology (ART) in the United States. The purpose of this paper is to describe this legislation, project its probable effects on the distribution of ART services, and analyze these effects based on distributive theories of justice.
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Romanovsky, Georgy Borisovich, Olga Valentinovna Romanovskaya, Vladislav Georgievich Romanovsky, Anastasia Andreevna Ryzhova, and Olga Aleksandrovna Ryzhova. "A new paradigm of human rights in the context of the global threats development." SHS Web of Conferences 118 (2021): 02011. http://dx.doi.org/10.1051/shsconf/202111802011.

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The purpose of the research is to formulate the general guidelines for the transformation of human rights as a result of global threats. The methodological framework was the methods of comparative legal research, which showed the general trends in the development of the human rights legislation under the influence of global threats. By the example of the responses of states to the terrorist attacks that occurred on September 11, 2001, it is shown how legislative innovations expanding the powers of law enforcement agencies and special services have led to the revision of the content of such basic human rights as the right to privacy and/or the right to personal inviolability. Highlighted is the concept of the “war on terror” (formulated by the United States President in 2001), which allows terrorists to be treated as representatives of a belligerent but without providing any international guarantees enshrined in the provisions of the international humanitarian law. The consequences of the introduction of biomedical technologies, that are aggressive towards humans, are presented, namely the creation of chimeric organisms that contribute to blurring the interspecific boundaries; creation of a genetically modified organism – human embryo; the development of an artificial uterus capable of bearing a human fetus practically from the time the male and female reproductive cells join. The results consist in the identified trends in the development of legal institutions, such as the formulation of new human rights often replacing or distorting the content of basic recognised human rights enshrined in the key international documents and constitutions of the countries of the world; bypassing the legal prohibitions established over the past decades by introducing relativism and assessing any situation from the point of view of the conditions for its occurrence. The novelty of the research lies in the authors’ position and is formulated as follows: the modern system of human rights is facing a serious crisis. Failure to effectively respond to symbolic challenges and threats is one of the factors necessitating the need for monitoring many regulatory documents. But a significant reason for the backlash also lies in the fact that we are at the turn of an era when technology shows humanity the possibility of correcting the very nature of Homo sapiens.
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Ouellette, Alicia, Arthur Caplan, Kelly Carroll, James W. Fossett, Dyrleif Bjarnadottir, Darren Shickle, and Glenn McGee. "Lessons Across the Pond: Assisted Reproductive Technology in the United Kingdom and the United States." American Journal of Law & Medicine 31, no. 4 (December 2005): 419–46. http://dx.doi.org/10.1177/009885880503100402.

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Scholars of differing political affiliation and the President's Council on Bioethics have called for regulation of assisted reproductive technology (ART) that would emulate many aspects of the regulatory system of the United Kingdom, in particular that of the Human Fertilisation and Embryology Authority. Specifically, scholars and the Council have argued that research in the U.S. involving gametes and human embryos lacks consistent oversight. While the Centers for Disease Control and Prevention (CDC) produces an annual ART success rate report, submission of data is guaranteed only by the promise that non-responders will be noted as such in the appendix of CDC's report, and most ART clinics publish success rates on the Internet in a much more recognized forum: website advertising. Moreover, U.S. law does not require licensing or accreditation of infertility programs and few regulations govern embryo research. While the large majority of clinics report their success rate data, and many follow practice standards and apply for accreditation from private agencies, these practices are strictly voluntary. Clinics failing to report their success rates face no legal consequence.
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Greenlaw, Paul S., and John P. Kohl. "Comparative E.E.O. Law: Pregnancy Legislation in the United States and Taiwan." Public Personnel Management 25, no. 2 (June 1996): 209–18. http://dx.doi.org/10.1177/009102609602500207.

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Campbell, Angela. "Ethos and Economics: Examining the Rationale Underlying Stem Cell and Cloning Research Policies in the United States, Germany, and Japan." American Journal of Law & Medicine 31, no. 1 (March 2005): 47–86. http://dx.doi.org/10.1177/009885880503100102.

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The governance of reproductive science is fraught with controversy in nearly every jurisdiction across the globe. Worldwide, legislators and policy makers have struggled to craft meaningful and ethical parameters for the regulation of this new and evolving area of biotechnology. In most countries, it is agreed that some form of regulatory oversight over reproductive technologies is necessary. There is far less consensus, however, as to the type of regulatory structure that should be established. Recent debates over reproductive science have focused on two of the most controversial practices in this area: embryonic stem cell research and cloning technology. Specifically, interested parties have struggled over whether these practices are so egregious that they should be altogether prohibited, or whether they ought to be permitted, but subject to particular legislative limits and regulatory oversight.The difficulties that most countries have experienced in devising legislation pertaining to embryonic stem cell and cloning research emanate from the moral ambiguity that characterizes this area of science.
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Woods, H. W. "Comparative Settlement of Labour Disputes in United States and Canada." Relations industrielles 9, no. 3 (February 24, 2014): 215–29. http://dx.doi.org/10.7202/1022867ar.

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Employers and unions in Canada are more and more being brought under a common code of behaviour with regard to disputes occurring after a contract is signed. Law makers have determined the shape or form and established the jurisdiction of the arbitration itself. After having given reference to the appropriate Canadian legislation for the settlement of disputes, the author turns to the United States and describes the composition and functioning of the American Arbitration Association. The last section of the article is devoted to the possible application in Canada of the principles and procedures of the American system concerning the settlement of justiciable disputes and account is taken of certain law and tradition differences existing in this country.
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7

Reznik, O. M., and A. E. Ishchukova. "Legal regulation of surrogacy in Ukraine and the United States of America." Legal horizons, no. 18 (2019): 34–38. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p34.

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In this article, the authors investigated the regulatory acts and laws governing surrogacy in Ukraine. The concept of “surrogacy” was also considered and the absence of fixing of this term at the legislative level was established. In addition, it was determined that the necessary condition for the implementation of the method of surrogacy is the genetic link of the spouse or one of the couples with an unborn child. It follows that the surrogate mother should not be genetically related to the child. However, the legislator doesn’t prohibit bearing the pregnancy of close relatives of future parents (sister, mother, aunt, cousin, etc.). This work also focuses on the definition of the legal nature of the contract concluded between the surrogate mother and the infertile couple for artificial insemination by the method of surrogacy. As a result, this agreement is similar to the civil service agreement. The publication also analyzes the state registration procedure for a newborn baby that was born using the method of surrogacy. The peculiarity of the procedure for registering a newborn baby conceived in this way is the presence of a certificate and statement. The certificate proves the genetic link of the baby with the couple. The statement is given by the surrogate mother to recognize the spouse as the child’s parents. Much attention is paid to the experience of regulating surrogacy in the United States. The country does not have a single codified law on artificial insemination by surrogacy. Each state decides in what manner, in what order, and under what conditions it is possible to resort to this type of assisted reproductive technology. The conclusions provide suggestions for resolving problems that may arise while using the method of surrogacy. Also the possibility of improving current legislation on the legal regulation of this procedure by borrowing from foreign experience. Keywords: surrogacy, legal regulation, surrogate mother, assisted reproductive technologies, married couple, contract.
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Annas, George J. "The Impact of Medical Technology on the Pregnant Woman’s Right to Privacy." American Journal of Law & Medicine 13, no. 2-3 (1987): 213–32. http://dx.doi.org/10.1017/s0098858800008340.

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In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that “the advance of science and technology in the West has changed not only the relation of man to nature but of man to man.“ This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how we define the “rights” this “new human” may properly claim.This article begins to explore developing reproductive medical technology with a view toward examining the way it might change our concept of humanness, and how this change might be accommodated, encouraged, or truncated by the relationship between the government and its pregnant citizens as defined by the United States Constitution and the “right to privacy.”
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Wilms-Crowe, Momo. "Technology and Scientific Authority in United States Abortion Policy: Concerns Over a Mechanistic Approach and a Better Way Forward." Oregon Undergraduate Research Journal 16, no. 1 (2020): 15–33. http://dx.doi.org/10.5399/uo/ourj/16.1.3.

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Building on the pragmatist philosophical tradition and work done by scholars in the field of feminist technological studies, this paper considers abortion as a case study to examine how science and technology interact with systems of knowledge, truth, and power. Paying special attention to how technological authority and notions of expertise have influenced public policy and legislative agendas, I consider the role of technological artifacts in shaping our realities and our legal frameworks. Through a historical review of changes in abortion policy and in conversation with various social philosophers, I make the argument that scientific information has not objectively informed abortion opinion and policy, but rather always been a tool of power, reflective of and contributing to larger systemic inequalities. Moreover, because the fundamentally nuanced biology of human fetal development directly conflicts with the legal and moral urge to clearly demarcate personhood from non-personhood, I outline why any attempts to define personhood or viability based purely on biological evidence is arbitrary, deceptive, and ultimately inappropriate. For this reason, I conclude by advocating for the use of a more contextual approach to policy making, considering larger sociopolitical dynamics of gendered power and oppression as well as the lived experiences of those impacted directly by the legislation. In the current political moment, technology is playing an increasingly large role in our lives, and access to abortion and reproductive rights are being actively threatened by those in the highest ranks in the US government. This paper attempts to provide a deeper understanding of the philosophical journey our society took to reach this junction and suggest a better path forward, centering the values of democracy, dignity, and justice.
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Boscariol, John. "At the Cross-Roads of US and Canadian Trade Controls: The Cuba Conflict." Global Trade and Customs Journal 5, Issue 6 (June 1, 2010): 237–49. http://dx.doi.org/10.54648/gtcj2010029.

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Canada and the United States are each other’s best trading partners. Our supply chains are deeply integrated. Corporate ownership criss-crosses the border many times over. In the context of foreign policy, although we have differed from time to time in the past, we generally target the same list of ‘bad actors’ – Iran, North Korea, Myanmar among them. Indeed, many of our sanctions programmes have been adopted pursuant to the same United Nations Security Council resolutions that are applied in similar fashion by UN member countries. Our controls on the export of goods and transfer of technology arise from our common commitments under the 1996 Wassenaar Arrangement on Export Controls for Conventional Arms, Dual-use Goods, Technology and other international agreements. It should come as no surprise therefore that in this environment many companies impose a single set of rules or principles regarding export controls and doing business with sanctioned countries. Under the assumption that Canadian and US laws are similar and, that any differences arise from more restrictive elements of US policy, a common default approach is for US companies to graft their US-based export control, economic sanctions policies, and procedures on to their Canadian operations; even some Canadian-based companies doing business in the United States will follow this approach. This is problematic for a number of reasons. Contrary to popular belief, Canadian export controls and economic sanctions can be more restrictive than those of the United States – aspects of the control regime for cryptographic goods and technology and the rules governing trade with and investment in Myanmar are two such examples. More importantly, there are instances in which there is direct conflict between Canadian and US law – that is, compliance with the requirements of one nation’s laws results in contravention of the laws of the other. Two examples of such conflict arise with US military controls under the International Traffic in Arms Regulations and Canadian human rights legislation and with Cuban trade and investment. The latter conflict is the focus of this article.
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Dissertations / Theses on the topic "Human reproductive technology Law and legislation United States"

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Kiess, Christopher. "Errors and adverse consequences as a result of information technology use in healthcare : an integrated review of the literature." Thesis, 2013. http://hdl.handle.net/1805/3750.

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Indiana University-Purdue University Indianapolis (IUPUI)
Health Information Technology (HIT) has become an integral component of healthcare today. The HITECH Act (2009) and Meaningful Use objectives stand to bring wide-sweeping adoption and implementations of HIT in small, medium and large sized healthcare organizations across the country. Though recent literature has provided evidence for the benefits of HIT in the profession, there have also been a growing number of reports exploring the adverse effects of HIT. There has not, however, yet been a systematic account of the adverse effects of HIT in the healthcare system. The current push for HIT coupled with a lack of critical appraisal of the potential risks of implementation and deployment within the medical literature has led to a general unquestioning and unregulated acceptance of the implementation of technology in medicine and healthcare as a positive addition with little or no risk. While the benefits of HIT are clear, a review of the existing studies in the literature would provide a holistic vision of the adverse effects of HIT as well as the types and impact within the nation’s health care system to inform future HIT development and implementation. The development of a general understanding of these adverse effects can serve as a review and summary for the use of informatics professionals and clinicians implementing HIT as well as providing future direction for the industry in HIT implementations. Additionally, this study has value for moving forward in informatics to develop frameworks for implementation and guidelines and standards for development and regulation of HIT at a federal level. This study involves the use of an integrative literature review to identify and classify the adverse effects of HIT as reported in the literature. The purpose of this study is to perform an integrative review of the literature to 1) identify and classify the adverse effects of HIT; 2) determine the impact and prevalence of these effects; 3) identify the recommended actions and best practices to address the negative effects of HIT. This study analyzed 18 articles for HIT-induced error and adverse consequences. In the process, 228 errors and/or adverse consequences were identified, classified and represented in an operational taxonomic schema. The taxonomic representation consisted of 8 master categories and 30 subcategories. Additionally, the prevalence and impact of these errors were evaluated as well as recommendations and best practices in future systems design. This study builds on previous work in the medical literature pertaining to HIT-induced errors and adverse consequences and offers a unique perspective in analyzing existing studies in the literature using the integrative review model of research. It is the first work in combining studies across healthcare technologies and analyzing the adverse consequences across 18 studies to form a cohesive classification of these events in healthcare technology.
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Books on the topic "Human reproductive technology Law and legislation United States"

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Kelly, Weisberg D., ed. Adoption and assisted reproduction: Families under construction. New York, NY: Aspen Publishers, 2009.

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2

Defining the family: Law, technology, and reproduction in an uneasy age. New York: New York University Press, 1997.

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Endings and beginnings: Law, medicine, and society in assisted life and death. Westport, Conn: Praeger, 2000.

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Michele, Goodwin, ed. Baby markets: Money and the new politics of creating families. New York: Cambridge University Press, 2010.

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1964-, Dudley William, ed. Reproductive rights. San Diego, Calif: Greenhaven Press, 2006.

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House, United States Congress. A bill to amend title XVIII of the Social Security Act to improve the process by which the Secretary of Health and Human Services makes coverage determinations for items and services furnished under the Medicare program, and for other purposes. Washington, D.C: United States Government Printing Office, 1999.

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Freedom of Choice Act of 1991: Hearing of the Committee on Labor and Human Resources, United States Senate, One Hundred Second Congress, second session on S. 25, to protect the reproductive rights of women, by providing that a state may not restrict the right of a woman to choose to terminate a pregnancy, May 13, 1992. Washington: U.S. G.P.O., 1992.

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United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Oversight and Investigations. Efforts to transfer America's leading edge science to China: Hearing before the Subcommittee on Oversight and Investigations of the Committee on Foreign Affairs, House of Representatives, One Hundred Twelfth Congress, first session, November 2, 2011. Washington: U.S. G.P.O., 2011.

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Efforts to transfer America's leading edge science to China: Hearing before the Subcommittee on Oversight and Investigations of the Committee on Foreign Affairs, House of Representatives, One Hundred Twelfth Congress, first session, November 2, 2011. Washington: U.S. G.P.O., 2011.

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United States. Congress. Senate. Committee on Labor and Human Resources. Freedom of Choice Act of 1989: Hearings before the Committee on Labor and Human Resources, United States Senate, One Hundred First Congress, second session on S. 1912, to protect the reproductive rights of women, and other purposes, March 27 and May 23, 1990. Washington: U.S. G.P.O., 1990.

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