Symposium

Fetal Tissue Transplants

John A. Robertson
Symposium

More Thoughts on the Physician’s Constitutional Role in Abortion and Related Choices

Susan Frelich Appleton
A few years ago, I advanced the hypothesis that the true focus of the Supreme Court’s decisions protecting abortion has been the physician not the patient, the pregnant woman, nor the individual seeking to assert what the Court calls “the right to privacy.” I explained how the Court’s preoccupation with medical standards in resolving constitutional questions about abortion and the Court’s frequent portrayal of the physician as the ultimate decisionmaker…
Symposium

Politics and Privacy: Refining the Ethical and Legal Issues in Fetal Tissue Transplantation

Nicolas P. Terry
It should come as little surprise that the ethical and legal treatment afforded fetal tissue transplantation will be influenced by the abortion debate. However, when the extent and dimensions of that synergy are analyzed, it is difficult not to conclude that we are faced with a purposeful confusion of the issues destined to pre-empt any meaningful discussion of fetal tissue transplantation. The issues identified are not so much ethical concerns,…
Article

Discretion and Its Limits—An Analytical Framework for Understanding and Applying the Duty of Care to Corporate Directors (and Others)

Philip C. Sorensen
This Article begins with an examination of the peculiar state of corporate directors and their duty of care. It next examines discretionary authority and its limits, including the question of whether discretionary authority might be merely an illusion, or perhaps a by-product of other interests sought to be served. I conclude that it is neither. This Article next analyzes the claim of corporate directors to discretionary authority. It proposes and…