embryo donation was one of the infertility treatment methods introduced to the iranian legal system in 2003 (act of embryo donation) and its by-law passed in 2005 after numerous discussions. embryo donation is a new legal issue in iran. no similar act has been previously legislated in the legal system; however, on the other hand, the importance of the judicial procedure in its execution cannot ...

Curtis Rooney's article reviews the ERISA law and it relationship to managed care. The piece continues with a review of the relevant preremption provisions and a extentivsive discussion of related U.S. Supreme Court decisions. The author discusses malpractice and design liabilities. The article concludes with a discussion of reform initiatives directed toward the ERISA preemption and damage pro...

Eyewitnesses’ retrospective reports of certainty, view, attention, and other judgments constitute central variables used by courts to assess the credibility of eyewitness identification evidence. Recently, important state Supreme Court decisions (e.g., New Jersey v. Henderson, 2011; Oregon v. Lawson, 2012) have relied on psychological research regarding the post-identification feedback effect t...

Changes in the eligibility criteria for a survivor's benefit under the Social Security program resulted from a 1977 Supreme Court decision in the case of Califano v. Goldfarb. The Court ruled that legislation that required only men to prove past financial dependence on a deceased spouse in order to establish eligibility to a survivor's benefit violated equal protection guarantees in the Constit...

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School District No. 1, such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his c...

The landmark 1972 U.S. Supreme Court decision in Jackson v. Indiana prohibited the indefinite commitment of criminal defendants on grounds of incompetence to stand trial if there was no substantial probability of restoration to competency in the foreseeable future. Such defendants are still subject to ordinary civil commitment; however, not all will meet civil commitment criteria, given that th...

This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court’s interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regardi...

Direct-to-consumer (DTC) genetic testing refers to testing sold directly to consumers via the Internet, television, or other marketing venues without involving health care professionals. As the recent Supreme Court ruling eliminated the patentability of human genes, this rapidly evolving segment in the laboratory testing industry is starting to attract increasing scrutiny by government, scienti...

In a decision having implications for the healthcare, biotechnology, and pharmaceutical industries, on June 13, 2013, the U.S. Supreme Court held that a naturally occurring DNA sequence is not patentable simply because it has been isolated from surrounding genetic material. Assoc. for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The Court observed that Myriad’s claims to n...

the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted econo...