INTRODUCTION ................................................................................... 613 I. THE THIRD-PARTY DOCTRINE AND SUBSTITUTION EFFECTS .................................................................................... 614 II. DESCRIPTIVE PROBLEMS WITH SUBSTITUTION EFFECTS .... 616 A. Criminal Motivation: The Supreme Court and Substitution Effects ..............................

Abstract U.S. debates on reforming the Supreme Court, including controversial arguments to break norm against court-packing repair democratic system, have generally focused historical precedents and domestic with scant comparative analysis. However, debate raises fundamental questions for constitutional lawyers regarding paradoxes of in contexts decay, framed here as a distinct category transit...

In 1973, the Supreme Court decided one of the most well-known cases in history—Roe v. Wade. In this landmark decision, the United States Supreme Court held that the constitutional right to privacy extends to a woman’s right to have an abortion. From 1973 through 1977, Medicaid covered the costs of an abortion without restriction. In 1966, Republican Senator Henry Hyde introduced an amendment to...

BACKGROUND Glivec (imatinib mesylate), produced by the pharmaceutical company Novartis, is prescribed in the case of chronic myeloid leukemia, one of the most common blood cancers in eastern countries. After more than a decade of legal battles surrounding its patentability, the Supreme Court of India gave its final decision on April 1st of 2013, rejecting the appeal of the Swiss giant drug manu...

This article shows how the current language of reproductive rights, including the determination of US constitutional protections, can be traced to three cases heard by the US Supreme Court that challenged eugenic state legislation written between 1924 and 1935. The introduction defines "eugenics" as the notion that the human race can be improved and social ills gradually eliminated by selectiv...

This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new...

The Case Against Non-Compliance with the Fundamental Principle concerning Anencephaly, under review by the Brazilian Supreme Court, is a milestone in the debate on abortion in Latin America. Since the currently prevailing version of the Brazilian Penal Code was enacted in 1940, there has been fierce resistance to any change in the country's abortion policy. This article discusses the arguments ...

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...