Showing papers in "Fordham Urban Law Journal in 1988"

Wrongful Birth and Wrongful Life Actions Arising From Negligent Genetic Counseing: The Need for Legislation Supporting Reproductive Choice

Abstract: The Note discusses wrongful birth and wrongful life actions arising from negligent genetic counseling and explains why they should be recognized statutorily. It details the technological advances in the field of genetics and their implications for the legal duty imposed upon the medical profession. The author traces the judicial developments that led to the gradual recognition of wrongful birth actions and the refusal to recognize wrongful life actions, as well as the recent legislation that has barred both wrongful birth and wrongful life actions. The author proposes a model statute based on the following policy considerations: (1) procreative choice is constitutionally protected within the right of privacy; (2) individuals, and not courts, should determine for their children whether existence with genetic birth defects is preferable to nonexistence; (3) this type of medical malpractice should not go undeterred and the use of due care by genetic counselors should be encouraged; and (4) victims of negligence should be compensated in accordance with established principles of tort law.

Architectural Malpractice: Toward An Equitable Rule For Determining When The Statute Of Limitations Begins To Run

Abstract: In the past thirty years, the architectural profession has been characterized by dramatic changes in both its legal liabilities and in its relationship with other members of the construction industry. With the recent abrogation of the privity doctrine, strangers to architectural contracts may now sue in tort and architects inevitably find themselves in a multitude of lawsuits. This Note discusses the contractual nature of the owner/architect relationship and the judicial attempts to analogize to relationships in other professions, and then considers the prevailing judicial theories as to when a cause of action accrues against architects and against professionals in general. This Note asserts that the contractual relationship between architect and owner distinguishes architectural malpractice from other types of professional malpractice, and that this relationship should be a substantial factor in determining the date of accrual.

Protecting the Parental Rights of Incarcerated Mothers Whose Children are in Foster Care: Proposed Changes to New York's Terminaton of Parental Rights Law

Abstract: This Article examines the parental rights of incarcerated mothers under New York’s foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York’s legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents’ access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents’ parental relationships. This Article concludes that, while New York has enacted legislation that recognizes the special needs of incarcerated parents whose children are in foster care, further legislation is necessary to address the problems that remain unresolved.

Hindering the Progress of Science: The Use of the Patent System to Regulate Research on Genetically Altered Animals

Abstract: This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO’s role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.