NCJ Number
155232
Journal
Maryland Law Review Volume: 54 Issue: 2 Dated: (1995) Pages: 473-632
Date Published
1995
Length
160 pages
Annotation
This colloquium contains an overview introduction and four papers on the evolution of medico-legal considerations in health care policy and its impact on women.
Abstract
The first paper considers the tensions among various feminist theories in the context of surrogacy in reproduction. The author argues that carefully drafted legislation would minimize the potentially exploitative aspects of surrogacy and preserve access to surrogacy as a reproductive choice. After describing the uncertain status of surrogacy law in Maryland, the paper proposes legislation as a partial solution. Some of the same issues raised by the surrogacy debate are considered in the second paper, which addresses pregnancy clauses in living-will and advance-health-care-directive statutes. The paper argues that pregnancy clauses, as currently written in most jurisdictions, limit an incompetent pregnant woman's right to terminate life support in violation of her common law and constitutional rights. The author then presents what he believes is a more realistic and humane way of legislating in this area. The third paper focuses on premenstrual syndrome, including a discussion of the myths, questions, and taboos that have surrounded the menstrual cycle in all societies, cultures, and religions, along with the medical theories that have provided sexist rationalizations for women's inferior social status. The paper examines the implication of using PMS as a criminal defense strategy. The concluding paper considers the sexual harassment of female medical students and proposes a two-part change in the analytical framework used by courts in evaluating Title IX claims for sexual harassment. Footnotes accompany each paper.