Michele Goodwin

Baby markets : money and the new politics of creating families

Part I. What Makes a Market?: Efficiency, Accountability, and Reliability in Getting the Babies We Want: 1. Baby markets Michele Goodwin 2. The upside of baby markets Martha Ertman 3. Price and pretense in the baby market Kimberly Krawiec 4. Bringing feminist fundamentalism to the US baby markets Mary Anne Case 5. Producing kinship through the marketplaces of transnational adoption Sara Dorow Part II. Space and Place: Reproducing and Reframing Social Norms of Race, Class, Gender and Otherness: 6. Adoption laws and practices: serving whose interests? Ruth Arlene-Howe 7. International adoption: the human rights issues Elizabeth Bartholet 8. Heterosexuality as a prenatal social problem: why parents and courts have a taste for heterosexuality Jose Gabilondo 9. Transracial adoption of black children: an economic analysis Mary Eschelbach Hansen and Daniel Pollack Part III. Spectrums and Discourses: Rights, Regulations, and Choice: 10. Reproducing dreams Naomi Cahn 11. Why do parents have rights? The problem of kinship in liberal thought Maggie Gallagher 12. Free markets, free choice? A market approach to reproductive rights Debora Spar 13. Commerce and regulation in the assisted reproduction industry John Robertson 14. Ethics within markets or a market for ethics: can disclosure of sperm donor identity be effectively mandated? June Carbone Part IV. The Ethics of Baby and Embryo Markets: 15. Egg donation for research and reproduction: the compensation conundrum Nanette Elster 16. Eggs, nests, and stem cells Lisa Ikemota 17. Where stem cell research meets abortion politics: limits on buying and selling human oocytes Michelle Oberman Part V. Tenuous Grounds and Baby Taboos: 18. Risky exchanges Viviana Zelizer 19. Giving in to baby markets Sonia Suter.

Has the Emphasis on Autonomy Gone Too Far? Insights from Dostoevsky on Parental Decisionmaking in the NICU

Treatment of extremely premature infants in a high-technology neonatal intensive care unit (NICU) frequently takes on a life of its own. Although bioethicists and courts agree that there is no ethical or legal difference between withholding or withdrawing a respirator from a patient, parents and physicians find the withdrawal much more emotionally troubling. It is apparent in medical narratives that people are not eager to take responsibility for tragic decisions. The authors believe that a similar pattern is prevalent in many end-of-life medical decisions, particularly those made in the NICU. Family members may want the treatment to be withdrawn, but no one wants to be the one to give the directive to do so. As evidence, the authors cite the experience of a neonatal intensive care doctor as he describes the process of decision-making in the NICU.The authors suggest that when, despite our best efforts, medical interventions on the extremely premature infant do not succeed in reversing disease processes, we need not compound the grief of parents by asking their permission to withdraw the failed therapies. It is enough for the parents to agree that in light of their baby’s condition, the focus should be on keeping the child’s final moments as comfortable as possible. Then the most the physician can do is to support the parents as they keep company with their baby in the last stages of its brief

The global body market : altruism's limits

Part I. The Blind Side of Altruism: Abuse, Coercion, and Fraud: 1. The perverse history of dead bodies under American law Ray D. Madoff 2. Compelled body donations from children Michele Goodwin 3. Situated bodies in medicine and research: altruism vs. compelled sacrifice Naomi Duke 4. Quid pro quo altruism Jamila Jefferson Part II. Contestable Commodities: 5. Free markets, free choice? A market approach to reproductive rights Debora L. Spar 6. Exploitation in the global egg trade: emotive terminology or necessary critique? Donna Dickenson Part III. How to Create and Manage Markets in Contestable Commodities Public and Private Regulation: 7. How to create markets in contestable commodities Richard A. Epstein 8. Taxing the body Dorothy A. Brown 9. Criminal policing of human experimentation L. Song Richardson 10. Liberalizing tort law Michele Goodwin.

If Embryos and Fetuses Have Rights

Abstract What exactly does it mean to be human or for that matter a “non-human”? This essay unpacks questions regarding the personhood of embryos and fetuses. It takes as its lead the escalating political demand for embryos to attain rights and the status of children. The essay argues that such political demands are not in isolation physically, medically, or legally of women’s health and rights. It makes the case that embryos and fetuses cannot be granted rights without impermissibly implicating pregnant women. Thus, the essay argues against the extension of criminal and tort law to punish pregnant women under fetal protection laws by drawing an analogy to the duty to rescue jurisprudence.

Vulnerable Subjects: Why Does Informed Consent Matter?

This special issue of the Journal Law, Medicine & Ethics takes up the concern of informed consent, particularly in times of controversy. The dominant moral dilemmas that frame traditional bioethical concerns address medical experimentation on vulnerable subjects; physicians assisting their patients in suicide or euthanasia; scarce resource allocation and medical futility; human trials to develop drugs; organ and tissue donation; cloning; xenotransplantation; abortion; human enhancement; mandatory vaccination; and much more. The term “bioethics” provides a lens, language, and guideposts to the study of medical ethics. It is worth noting, however, that medical experimentation is neither new nor exclusive to one country. Authors in this issue address thorny subjects that span borders and patients: from matters dealing with children and vaccination to the language and perception of consent.

A View from the Cradle: Tort Law and the Private Regulation of Assisted Reproduction

In this article, Goodwin analyzes the viability of tort law to address harms to children born through assisted reproductive technology (ART). Goodwin uses the backdrop of recent cases involving high order multiple births resulting from ART to scrutinize the status of the law regarding ART and unpack the nuances of tort law as a platform to address harms committed by parents against their children. First, Goodwin analyzes the rise in reproductive technologies, placing the expanded use of such treatments in the context of demands to aid infertile couples and individuals. She argues that, reproductive technologies present some serious health harms, but also help facilitate some aspects of social justice. Second, Goodwin illuminates the hidden costs of ART, examining its less desirable features, which extend beyond economic costs, but include multiple births, low birthweight babies, and fetal birth defects. Third, Goodwin offers a critique of current federal policy, exposing its weaknesses and inefficiencies to reign in the undesirable externalities associated with ART. Fourth, Goodwin argues that ethical and legal problems emerging from ART illuminate not only physician-patient conflicts of interests but also parental-fetal and parental-child conflicts of interest, resulting in serious illnesses and even death. Goodwin further addresses a gap in socio-legal scholarship to unpack when, how, and why tort liability should apply to ART cases. Finally, Goodwin explains that greater emphasis on the fiduciary responsibilities of physicians to their patients and parents to their children could reduce adverse health outcomes for ART patients and their babies.

Whole Woman's Health v. Hellerstedt: The Empirical Case Against Trap Laws

This commentary examines the US Supreme Court case Whole Womans Health v Hellerstedt.1 This comment synthesizes the case, focusing primarily on its legislative and appellate history as well as the Supreme Courts analysis. The comment finds that while Whole Womans Health represented a judicial victory for those who seek to safeguard and preserve abortion rights, it nevertheless further rooted the primacy of the Supreme Courts flawed framework in Planned Parenthood v Casey2, which rests on perpetuating the notion of abortion as a threat against womens physical and mental health.

Law, Bioethics, and Biotechnology

This article examines the emergence of bioethics as a legal discourse and the relationship between technology and bioethics. As a field of study, bioethics functions as a tool to analyze the multifaceted conundrums presented by modern medicine and a way by which those problems can be addressed. This article provides an overview of this broad field of study, beginning with the development of the Nuremberg Code, Declaration of Helsinki, and Belmont Report, and addressing the pivotal medical cases that ultimately spur legislative action, the drafting of codes of professional ethics, and the shaping of legal discourse. The article offers insights on several twentieth-century cases that inspired the development of bioethics in the United States and beyond and has since influenced the development of bioethics and technology throughout the world.

Marital Rape: The Long Arch of Sexual Violence Against Women and Girls

If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive. State v. Oliver, 70 N.C. 60, 62 (1874) Prologue: The Context Sadly, sexual violence against women and girls remains deeply entrenched and politicized around the globe. Perhaps no other allegation of crime exposes a woman’s credibility to such intense hostility and imposes the penalties of shame and stigma to a more severe degree than alleging rape. Factors irrelevant to sexual violence, including the victim’s choice of clothing, hairstyle, and time of the attack frequently serve as points of searching inquiry, and scrutiny. Such extraneous points of critique further compound an atmosphere of shaming and stigmatization associated with sexual violence, but are seen as crucial in bolstering an affirmative defense and inevitably building the case against rape victims.

When Institutions Fail: The Case of Underage Marriage in India

When do we know that the rule of law has failed or been corrupted? Who can we point to as corrupting legal order or the rule of law when most of the parties appear to be one-shotters? One shot players lack the ability to quickly master and more importantly conquer sophisticated legal labyrinths made less an enigma to repeat players-the legal elites. In India, the lines that divide the elite from the less sophisticated, or the one-shotters from the repeat players are as thick as the social customs that once divided its nation into castes. This Essay takes up the case of child marriage in India to demonstrate why the “haves” come out ahead in India’s marriage markets.