Papers by Jody Lynee Madeira
This Article proffers a consideration of how the expression of pain impacts the interpersonal dim... more This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners\u27 texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise the perspective that legal constructions of pain are intrinsically relational and empathic, this Article proposes a reformulation of pain as a dual construct, at once experiential and expressionistic, that is supported by both semiotic theory and by Wittgenstein\u27s refutation of the private language argument associated with Cartesian...
Substance Use & Misuse
Background: The U.S. is undergoing an opioid overdose crisis. Harm reduction (HR) policies are as... more Background: The U.S. is undergoing an opioid overdose crisis. Harm reduction (HR) policies are associated with decreased overdose deaths and incidence of communicable diseases, yet legality of HR policies differs across U.S. jurisdictions. College student perceptions of HR policies are underexplored, even though their voting behavior has increased in recent years. We sought to compare their support of different HR policies and to explore relationships between demographic characteristics and support for HR policies. Methods: We collected cross-sectional, convenience sample survey data from undergraduate students at two large public universities, one in the Midwest and one in the Southeast, during Fall 2018/Spring 2019. We analyzed data using descriptive statistics and logistic regressions. Results: The final sample included 1,263 respondents. Good Samaritan laws (n = 833, 66%) and naloxone distribution (n = 476, 37.7%) were most commonly supported, while heroin maintenance treatment (n = 232, 18.4%) and heroin decriminalization (n = 208, 16.5%) were least supported. Democrat/liberal or less religious/spiritual respondents supported HR policies more than their Republican/conservative or religious/spiritual counterparts. Midwestern students were more likely to support syringe services programs. Conclusion: HR education initiatives could target religious and/or Republican/conservative students, as they have lower HR support. Among HR policies, Good Samaritan policies may be easiest to pass in college communities.
Family Law Quarterly, 2015
The author would like to thank Basia Andraka and Deb Machalow for their excellent research assist... more The author would like to thank Basia Andraka and Deb Machalow for their excellent research assistance.
Michigan Journal of Gender & Law, 2014
Regret is a deeply contested emotion within abortion discourse. It is present in ways that we are... more Regret is a deeply contested emotion within abortion discourse. It is present in ways that we are both afraid of and afraid to talk about. Conventional pro-life and pro-choice narratives link regret to defective decision making. Both sides assert that the existence of regret reveals abortion’s harmfulness or harmlessness, generating a narrow focus on the maternal-fetal relationship and women’s “rights.” These incomplete, deeply flawed constructions mire discourse in a clash between regret and relief and exclude myriad relevant relationships. Moreover, they distort popular understandings of abortion that in turn influence women, creating cognitive dissonance and perhaps distress for those with different lived experiences of abortion. Finally, these portrayals contribute to the silence and stigma surrounding abortion. This Article contends that regret is more suggestive of women’s deep reflection on the abortion decision and respect for the fetal relationship than of flawed decision m...
Hastings Constitutional Law Quarterly, 2019
would like to thank Catherine Wheatley for her excellent assistance with research and editing. 1.... more would like to thank Catherine Wheatley for her excellent assistance with research and editing. 1. 343 U.S. 451 (1952). 2. Id. at 465.
Law and Inequality, 2019
Uncommon Misconceptions 47 19. The doctor did inform the husband after the birth, but the two men... more Uncommon Misconceptions 47 19. The doctor did inform the husband after the birth, but the two men decided the woman would be "better off not knowing the truth.
SSRN Electronic Journal, 2020
Reproductive Biomedicine & Society Online, 2019
This retrospective study surveyed decision-making and challenges among 78 gay cisgender male coup... more This retrospective study surveyed decision-making and challenges among 78 gay cisgender male couples utilizing in-vitro fertilization (IVF) and a gestational carrier. While most couples (67.1%) found the decision to actively pursue fertility treatment 'not difficult', 32.9% felt that it was 'somewhat difficult' or 'very or extremely difficult'. Almost 30% of couples had not undertaken financial planning for treatment, which introduced delays of N 2 years for 25.3% of participants. Conceiving twins was 'important to very important' in 52.3% of couples, and 84.2% of couples chose to transfer two embryos to 'increase the odds' or reach an ideal family size in a single attempt despite increased complications with multiple pregnancies. Paternal leave was granted for one partner in 47.3% of couples, and for both partners in 43.2% of couples. One-third of couples reported experiencing discrimination, prompting a partner to seek employment, and 38% changed jobs or careers. For 80.3% of couples, the estimated cost exceeded US$100,000. Couples where one partner was aged N 50 years were significantly more likely to find the decision to actively pursue fertility treatment 'very or extremely difficult' (28.6%), and less likely to agree on becoming parents (64.3%). Gay male couples undergoing assisted reproduction face challenges regarding decision-making, lack of infertility benefits and discrimination, which appear to be
Fertility and Sterility, 2018
Objective: To study patient and provider feedback on how a multimedia platform (EngagedMD) helps ... more Objective: To study patient and provider feedback on how a multimedia platform (EngagedMD) helps patients to understand the risks and consequences of in vitro fertilization (IVF), ovulation induction (OI), and intrauterine insemination (IUI) treatments and the impact of the informed consent process. Design: Prospective survey study. Setting: IVF units in the United States. Patient(s): Six-thousand three-hundred and thirty-three patients who viewed the multimedia platform before IVF or OI-IUI treatment at 13 U.S. IVF centers and 128 providers. Intervention(s): Quantitative survey with 17 questions. Main Outcome Measure(s): Assessment of the impact of a multimedia platform on patient anxiety, comprehension, and satisfaction and provider/nurse feedback related to the informed consent process. Result(s): The survey was completed by 3,097 respondents (66% IVF treatment; 34% OI-IUI treatment) and 44 providers. Overall, 93% felt the media platform was intuitive, and 90% and 95% felt it had appropriate duration and detail, respectively. Most agreed/strongly agreed it better prepared them to consent (88%), increased their comfort in pursuing treatment (77%) and increased their satisfaction with their care (83%). Compared with the OI-IUI group, statistically significantly more participants who viewed the IVF media platform strongly agreed that the comprehension questions reinforced key concepts (47% vs. 40%), educated them about treatment risks (55% vs. 44%), helped them ask providers informed questions (45% vs. 36%), and better prepared them to sign consent forms (46% vs. 37%). Overall, 63% of providers felt that the media platform improved patient learning, made patients more accountable, and standardized information dissemination. Conclusion(s): The EngagedMD media platform improves patient knowledge, satisfaction, and control over medical decision making and better prepares patients to give informed consent. Furthermore, it is well-liked by providers and is easily implemented. (Fertil Steril Ò 2018;110:1338-46. Ó2018 by American Society for Reproductive Medicine.) El resumen está disponible en Español al final del artículo.
Fertility and Sterility, 2018
Oocyte donation has played an increasingly important role in assisted reproductive technologies s... more Oocyte donation has played an increasingly important role in assisted reproductive technologies since the early 1980s. Over the past 30 years, unique legal standards have evolved to address issues in the oocyte donation procedure itself as well as the disputes over issues, such as parentage, that inevitably arise with new technologies, particularly for individuals seeking to build nontraditional families. This essay will explore oocyte donation's legal aspects as well as seminal law concerning the procedure, including statutory law (uniform and model provisions and enacted state laws) and selected judicial opinions concerning surrogacy and parentage, testing of oocyte donors, mix-ups of donated oocytes, and donor compensation.
Fertility and Sterility, 2018
So I never conceptualized this kind of deception and betrayal. I expected the doctors to be truth... more So I never conceptualized this kind of deception and betrayal. I expected the doctors to be truthful and honest. If he had told me that he didn't have enough donors and he had said, ''Hey, I have more women on the list for insemination, I don't have enough donors,''. I would not like hearing that, but I can handle it. Had he told me it was going to be him using his own semen I would have been absolutely creeped out.-Judith, research interview Recently, international headlines have announced that several OB-GYNs allegedly inseminated unsuspecting patients with their own sperm in the 1970s through the early 1990s, conduct discovered when commercially available genetic testing revealed their transgressions decades later. These physicians were not the first such offenders. In the mid-1990s, another physician, Cecil Jacobson, was found guilty of federal mail and wire fraud, travel fraud, and perjury as a result of charges for the very same misconduct. Europe, too, has had its malefactors; a Netherlands physician (now deceased) allegedly used his own sperm to father at least 12 children (now 8-36 years old). Not surprisingly, this conduct has landed these physicians in legal hot water. After genetic testing revealed that Donald Cline of Indianapolis had deceived the Indiana Attorney General about using his own sperm to inseminate two former patients, he pled guilty to two counts of felonious obstruction of justice and was recently given a suspended sentence and fined $500. Unfortunately, an attempt to pass a ''fertility fraud'' bill in the state of Indiana failed after the bill was not heard in a senate committee meeting. In Canada, a physician faces a civil class action lawsuit from as many as 150 plaintiffs, including his alleged donor offspring, their mothers and fathers, and men whose sperm samples were allegedly lost or contaminated in his lab. A third physician faces a civil suit from one child and her parents; he allegedly conceived the child using his own sperm in donor insemination. Each lawsuit includes diverse claims, including breach of contract and express and implied warranties; negligence (failure to use selected sperm, keep proper records, prevent contamination of sperm samples, etc.); battery; failure to obtain informed consent; fraud; negligent misrepresentation; intentional and negligent infliction of emotional distress; breach of fiduciary duties; and Consumer Protection Act violations. Although their motivations are unclear, some of these physicians have argued their patients' ''desperation'' to conceive justified their gross misconduct. Cecil Jacobson's defense attorney claimed that ''if he made any mistakes, it was in losing his objectivity and trying so hard to get patients pregnant.'' Donald Cline stated he ''felt that he was helping women because they really wanted a baby'' (1). News media has unfortunately circulated and reinforced these ''desperate patient'' rationales.
Journal of Law, Medicine & Ethics, 2015
Thorny and difficult questions permeate the issue of commodification of assisted reproductive tec... more Thorny and difficult questions permeate the issue of commodification of assisted reproductive technologies (ART) and abortion. Are ART and abortion services or medical treatment? Are those who seek them patients or consumers? How should we understand the complex relationship between money, markets, choice, and the care relationship?This paper rejects the dichotomy between patient and consumer roles and focuses instead on how attributes of each are meaningful to those seeking health care. Arguing that health care is already commodified, it suggests that both medicine and the market offer strategies for handling commodification. The important questions are how we understand these attributes and their role in care relationships, and which attributes we should encourage. The medical profession and patient role have long accommodated commodification, using fiduciary roles, flat fees and opaque pricing to distance payment and pricing from care provision.
Fertility and Sterility, 2017
OBJECTIVE: Great interest surrounds patients' decisions about surplus cryopreserved embryo dispos... more OBJECTIVE: Great interest surrounds patients' decisions about surplus cryopreserved embryo disposition (ED) after death or dissolution of a current relationship (DCR). We report couples' decisions and influential factors. DESIGN: Quantitative survey. MATERIALS AND METHODS: A survey obtaining responses through forums & blogs from patients undergoing autologous IVF in the past 5 years. Questions addressed ED options following death or DCR including posthumous assisted reproduction (PAR), donation to another couple (EmD), research, or destruction. Data were grouped and analyzed based on age, primary income, IVF payment method, and number of IVF cycles. RESULTS: Of 267 subjects ages 22-50, 78% provided a disposition following death and 63% with DCR. Following death, 55% preferred PAR compared to 19% after DCR (p<0.001). With DCR, more chose EmD (27% vs 11%, p<0.001), research (27% vs 18%, p<0.001) and destruction (22% vs 10%, p<0.01). Partners made a different choice 10% of the time. Income, IVF payment method, and number of IVF cycles were associated with disposition decision. Income, IVF payment method, and number of IVF cycles were all significantly associated (p<0.05) with some disposition decision. Compared with subjects making >100k, those from 50-100k were 60%, p<0.05 less likely to prefer PAR in the event of death. Those who paid cash were 2.3 times, p<0.01 more likely to choose PAR. CONCLUSIONS: Patients' perceptions of their relationship play an important role in ED decisions. This suggests that thorough disposition information and counseling are needed during informed consent processes, given the associated economic, legal, ethical, and moral costs of ill-considered disposition decisions.
Fertility and sterility, Jan 20, 2017
Indiana Law Journal, 2013
2011 Michigan State Law Review 858, 2011
Canadian journal of law and society, 2004
RésuméAprès tout crime violent, des questions de compréhension, de guérison, de normalité, d'... more RésuméAprès tout crime violent, des questions de compréhension, de guérison, de normalité, d'imputabilité et de rétablissement se posent aux survivants. Les mêmes enjeux sont communiqués aux auditoires par la couverture que font les médias du crime et des procédures judiciaires tant qu'ils demeurent dans l'oeil du public et que les suspects sont sur le banc des accusés. De telles histoires donnent un visage humain aux premiers concernés par l'issue du procès et relatent leur implication et réaction au déroulement judiciaire, du moment de l'arrestation jusqu'à l'exécution. Cet article examine de telles chroniques dans la perspective de la théorie du récit, intégrant la communication et la mémoire humaine. Il analyse comment les médias de masse utilisent les pratiques narratives pour couvrir des crises, des événements qui exigent d'être mis en récit. Il se concentre ensuite sur le potentiel du récit de suturer, de nouer les différentes compréhensions de...
Studies in Law, Politics and Society
In the aftermath of the Oklahoma City bombing, processes of reconstruction-remembering victims, c... more In the aftermath of the Oklahoma City bombing, processes of reconstruction-remembering victims, caring for family members and survivors, and punishing the perpetrators-began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships-between family members and survivors as well as between these victimized populations and the perpetrators-that both helped and hindered individual and communal reconstructions of meaning. This article will first addresses the efficacy of a collective memory and cultural trauma perspective for analyzing two collective processes of sense-making-group membership and legal proceedings-in the aftermath of the Oklahoma City bombing. It will then briefly describe the mental context in which family members and survivors joined groups in the wake of the bombing, and the functions those groups played in trauma recovery, after which it will summarize the impact of group membership on punishment expectations. Next, it will discuss the involuntary relationship that formed between McVeigh and family members and survivors predicated on the social and media representations of McVeigh; due to this relationship, McVeigh was felt to be a constant presence in victims' lives until his 2001 execution. Finally, this article will examine family members' and survivors' perceptions of communicative interchange with McVeigh in the venues of the trial and execution. The implications of this case study illustrate in what ways concepts such as victimhood and justice are continually being expanded, with the implication that law is not only a social institution that mediates cultural trauma and cultivates collective memory, but also is manifestly conscious of these roles.
SSRN Electronic Journal, 2009
for their invaluable comments on earlier drafts of this piece.
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Papers by Jody Lynee Madeira