Regulating Reproduction
Marsha Garrison · September 2008 76 GEO. WASH. L. REV. 1402 (2008) In 2003, the Sunday Styles section of The New York Times published a striking advertisement featuring a smiling baby and a bold headline asking “Do You Want to Choose the Gender of Your Next Baby?” Readers were directed by this advertisement to a... Read More
If I Say “Yes” to Regulation Today, Will You Still Respect Me in the Morning?
June Carbone · September 2008 76 GEO. WASH. L. REV. 1383 (2008) Marsha Garrison and Michele Goodwin have each written clever, edgy, and insightful articles on the oversight of new reproductive technologies. Both of them frame the issues around the regulation of reproduction, not assisted reproduction. “Assisted reproduction” might mean doctors, clinics, or patients. “Reproduction”... Read More
From Double Standard to Double Blind: Informed Choice in Abortion Law
Rebecca Dresser · September 2008 76 GEO. WASH. L. REV. 1358 (2008) In Gonzales v. Carhart, the Supreme Court upheld the constitutionality of the Partial-Birth Abortion Ban Act of 2003, a federal law punishing physicians who intentionally perform a specific abortion procedure. In this Article, I focus on what Gonzales v. Carhart had to say... Read More
The “Repugnance” Lens of Gonzales v. Carhart and Other Theories of Reproductive Rights: Evaluating Advanced Reproductive Technologies
Sonia M. Suter · September 2008 76 GEO. WASH. L. REV. 1298 (2008) Reproductive decisionmaking has always raised ethical and legal issues. With scientific advances, reproductive decisions are even more complex and the legal and moral issues even more complicated. Some advanced technologies, such as in vitro fertilization (“IVF”) assist procreation. Other technologies, such as... Read More
Assisting Reproduction, Choosing Genes, and the Scope of Reproductive Freedom
John A. Robertson · September 2008 76 GEO. WASH. L. REV. 1237 (2008) The reproductive battles of the last forty years have been largely about contraception and abortion. In the twenty-first century reproductive battles will also pull in assisted reproduction, genetic selection, and genetic enhancement. The conceptual framework developed for abortion and contraception set the... Read More
Equal Liberty: Assisted Reproductive Technology and Reproductive Equality
Radhika Rao · September 2008 76 GEO. WASH. L. REV. 1216 (2008) Regulating reproductive technologies—the subject of this symposium—is a theoretical issue right now because there is virtually no such regulation in the United States. However, the regulatory vacuum surrounding assisted reproductive technologies (“ARTs”) may not last for much longer. The outcry over human cloning... Read More
Mandating Unfunded Mandates? Agency Discretion in Rulemaking After Massachusetts v. EPA
R. Andrew Schwentker · August 2008 76 GEO. WASH. L. REV. 1444 (2008) Traditionally, government agencies have been able to consider policy concerns such as lack of funding and resources when deciding whether to issue rules. Agencies could therefore decide not to promulgate rules for unfunded mandates. In Massachusetts v. EPA, the Supreme Court reversed... Read More
Freedom of Speech and the FDA’s Regulation of Off-Label Drug Uses
Jacob Rogers · August 2008 76 GEO. WASH. L. REV. 1429 (2008) To be approved by the Food and Drug Administration (“FDA”), a prescription drug must pass a series of rigorous clinical trials. The trials test the drug’s safety and effectiveness for a specific condition and a defined subset of patients. Once approved by the... Read More
Too Many Cooks in the Galley: Overlapping Agency Jurisdiction of Ballast Water Regulation
Loren Remsberg · August 2008 76 GEO. WASH. L. REV. 1412 (2008) In Northwest Environmental Advocates v. EPA, a group of environmental organizations asked the northern California district court to order the Environmental Protection Agency (“EPA”) to promulgate regulations governing the release of ballast water from ships in United States ports. EPA had previously exempted... Read More
Is It Safe to Chevron “Two-Step” in a Hurricane? A Critical Examination of How Expanding the Government’s Role in Disaster Relief Will Only Exacerbate the Damage
Ross C. Paolino · August 2008 76 GEO. WASH. L. REV. 1392 (2008) In the summer of 2004, a slow-moving Category Three hurricane struck the heart of New Orleans, Louisiana. The hurricane engulfed New Orleans in catastrophic flooding, placing homes, hospitals, and nursing homes completely under water. The hurricane killed thousands of residents, displaced hundreds... Read More