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Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law

by Dov Fox (Author)
4.6 4.6 out of 5 stars 7 ratings
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Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen.

Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights.

This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that:

(1) deprive pregnancy or parenthood of people who set out to pursue them;
(2) impose pregnancy or parenthood on those who tried to avoid these roles; or
(3) confound efforts to have a child with or without certain genetic traits.

This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
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  1. ISBN-10
    0190675721
  2. ISBN-13
    978-0190675721
  3. Publisher
    Oxford University Press
  4. Publication date
    July 5, 2019
  5. Language
    English
  6. Dimensions
    9.3 x 1 x 6.3 inches
  7. Print length
    256 pages
  8. See all details
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Editorial Reviews

Review

"Birth Rights and Wrongs presents a novel legal solution to reproductive harms and a robust guide for its implementation by legal scholars and decision-makers. In addition to Fox's contribution to tort law scholarship, his research bolsters the cases for better regulation within the commercial fertility industry, for fewer laws and regulations restricting access to contraception and abortion, and for better access to private and public coverage of all reproductive care." -- Rachel L. Zacharias, Hastings Center Report September-October 2020

"Fox has written a masterpiece: riveting, eloquent, and profoundly humane." - Elaine Tyler May, Regents Professor of American Studies, University of Minnesota and author of Barren in the Promised Land: Childless Americans and the Pursuit of Happiness

"An eye-opening and poignant indictment of how American law systematically neglects some of life's most heart-rending trespasses. Birth Rights and Wrongs leaves an indelible mark: provocative, jarring, and-ultimately-hopeful. Fox's astonishing breadth and rigor inform bold and decisive proposals for much-needed reform." -David J. Garrow, Pulitzer Prize-winning author of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade

"The birth of life, a challenge for the ages, takes on new significance with the rise of egg freezing and embryo selection. With this promise comes the frightening risks of switched donors and botched sterilization. Fox's gripping narrative and crisp analysis help readers navigate the social, legal, and moral dimensions of this brave new world." -Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law and coauthor of Cases and Materials on Torts

"[Fox] combines painstaking scholarship with visionary legal creativity to delineate a realistic pathway to reproductive justice." -Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School and author of One Nation Undecided: Clear Thinking About Five Hard Issues that Divide Us

"Birth Rights and Wrongs ... will quickly become a standard in the field." -Mary Ziegler, Stearns Weaver Miller Professor of Law, Florida State University College of Law and author of After Roe: The Lost History of the Abortion Debate

"This book deserves all the praise that it is going to receive." -Khiara M. Bridges, Professor of Law and Professor of Anthropology, Boston University and author of The Poverty of Privacy Rights

"A bold and comprehensive examination of among the most vexing questions about law and reproduction." -I. Glenn Cohen, James A. Attwood and Leslie Williams Professor of Law, Harvard Law School; Faculty Director, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard University; author of Patients with Passports: Medical Tourism, Law, and Ethics

"We live in a brave new world of reproductive ... twists, turns, and challenges that our parents and grandparents could not have anticipated. Stepping into the breach, Dov Fox offers novel and practical approaches for addressing the[se] conundrums. ... Engagingly written and carefully observed, Birth Rights and Wrongs is essential reading for the modern family." -Melissa Murray, Professor of Law, New York University School of Law and coauthor of Cases and Materials on Reproductive Rights and Justice

"Dov Fox guides the reader along a pathway to civil liability which has eluded acknowledgement in the courts and regulatory system. ... He offers illuminating and original arguments for recognizing claims for three distinct types of harm: procreation deprived, procreation imposed, and procreation confounded. Thoughtful and erudite, the volume provides an important contribution to this generation of public policy scholarship." -Robert L. Rabin, A. Calder Mackay Professor of Law, Stanford Law School and author of Perspectives on Tort Law and Tort Law and Alternatives

"Birth Rights and Wrongs captures the reader from its first page. ... The book's coverage is comprehensive, its approach interdisciplinary, and its analysis provocative, in the best sense. This is a book for everyone interested in legal and social perspectives on conception, abortion, reproductive technology, pregnancy, and the selection of offspring traits." -Janet L. Dolgin, Jack and Freda Dicker Distinguished Professor of Law; Maurice A. Deane School of Law, Hofstra University; Professor, Science Education, Zucker School of Medicine at Hofstra/Northwell; coauthor of Bioethics and the Law

"The most thorough and thoughtful exploration there is of the role of the common law in the era of controlled human reproduction." -Maxwell J. Mehlman, Distinguished University Professor, Arthur E. Petersilge Professor of Law, and Director of the Law-Medicine Center, Case Western Reserve University School of Law; Professor of Biomedical Ethics, Case Western Reserve University School of Medicine

"Birth Rights and Wrongs probes what may prove to be the paradigmatic tort of the twenty-first century." -Catherine M. Sharkey, Crystal Eastman Professor of Law, New York University School of Law and coauthor of Cases and Materials on the Law of Torts and Foundations of Tort Law

"In his crisp, engaging analysis of thwarted procreative endeavors ... Dov Fox reframes this intimate field of loss from 'reproductive disappointment' to 'birth wrongs.' ... [He] offers solid, sensible solutions at just the moment that technology is ramping up with innovations (gene-editing) that require a coherent legal basis to see procreation into the future." -Carol Sanger, Barbara Aronstein Black Professor of Law, Columbia Law School and author of About Abortion: Terminating Pregnancy in 21st Century America

"Through a novel approach to reproductive justice, Dov Fox makes the case that, instead of closing off the right to sue as they do today, courts should provide generous legal remedies to victims ... who are prevented from becoming pregnant, those who are involuntarily made pregnant, and those who are carelessly given gravely disabled offspring." -Stephen D. Sugarman, Roget J. Traynor Professor of Law, University of California, Berkeley and author of Torts-A Wider View

"Birth Rights and Wrongs promises to end the legal system's unwillingness to peer too closely into the mysteries of reproduction." -June Carbone, Robina Chair in Law, Science and Technology, University of Minnesota Law School and coauthor of Marriage Markets: How Inequality is Remaking the American Family

"[A]n important book about an important and often heartbreaking subject." -Kenneth S. Abraham, Harrison Distinguished Professor of Law, University of Virginia School of Law and author of The Liability Century: Insurance and Tort Law from the Progressive Era to 9/11

"Assisted reproduction's miraculous achievements often obscure the profound loss and lasting harm that negligent practices inflict on individuals and families. Calling for legal remedies, Birth Rights and Wrongs offers an innovative catalogue of the ways that babymaking interventions can go awry and recounts compelling stories that bring the analysis to life." -Susan Frelich Appleton, Lemma Barkeloo and Phoebe Couzins Professor of Law, Washington University in St. Louis; coauthor of Adoption and Assisted Reproduction: Families Under Construction

"Dov Fox offers an intriguing legal approach to what should happen when reproductive technologies go awry." -Rene Almeling, Associate Professor of Sociology, Yale University and author of Sex Cells: The Medical Market for Eggs and Sperm

"An insightful and engaging book that is bound to make its readers more interesting people and better-informed citizens." -Saul Levmore, William B. Graham Distinguished Service Professor of Law and former Dean of the University of Chicago Law School; coauthor of The Foundations of Tort Law

"[Fox] chronicles how and why the American legal system falls so short in addressing [reproductive] harms ... [A] luminous contribution." -Jody Lyneé Madeira, Professor of Law and Louis F. Niezer Faculty Fellow, Indiana University Maurer School of Law; author of Taking Baby Steps: How Patients and Fertility Clinics Collaborate in Conception

"This must-read book ... is just what the doctor ordered." -Eli Y. Adashi, Professor of Medical Science and former Dean of Medicine and Biological Sciences, The Warren Alpert Medical School, Brown University

"[A] critically important book for anyone who has ever thought about whether to have a child." -Naomi Cahn, Harold H. Greene Professor of Law, George Washington University Law School and author of Test-Tube Families and The New Kinship

Book Description

This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression.

Product details

  • Publisher ‏ : ‎ Oxford University Press (July 5, 2019)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 256 pages
  • ISBN-10 ‏ : ‎ 0190675721
  • ISBN-13 ‏ : ‎ 978-0190675721
  • Item Weight ‏ : ‎ 1.16 pounds
  • Dimensions ‏ : ‎ 9.3 x 1 x 6.3 inches
  • Customer Reviews:
    4.6 4.6 out of 5 stars 7 ratings

Customer reviews

4.6 out of 5 stars
4.6 out of 5
7 global ratings
Enjoyable Read for Lawyers and Non-Lawyers Alike (and a hardcover worth keeping)
5 Stars
Enjoyable Read for Lawyers and Non-Lawyers Alike (and a hardcover worth keeping)
As a Ph.D. Candidate, I bought this book for scholarly purposes but I have enjoyed reading it in a way I don't often enjoy scholarly works. This book is very well researched and deals with intricate legal issues, but Dov Fox does so with a style that is accessible and easy to follow even if you aren't a lawyer or familiar with repro-law. I would even feel confident prescribing it as reading to undergrads!The hardcover is built to last, I would recommend it to anyone who wants this book to be an addition to their personal library. Which, if you are a scholar in this area, it should be, because it is a very useful reference text and the ideas Dov Fox puts forward will likely guide future legal developments on reproductive negligence.
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Top reviews from the United States

Bonginkosi Shozi
5.0 out of 5 stars Enjoyable Read for Lawyers and Non-Lawyers Alike (and a hardcover worth keeping)
Reviewed in the United States on August 12, 2019
Verified Purchase
As a Ph.D. Candidate, I bought this book for scholarly purposes but I have enjoyed reading it in a way I don't often enjoy scholarly works. This book is very well researched and deals with intricate legal issues, but Dov Fox does so with a style that is accessible and easy to follow even if you aren't a lawyer or familiar with repro-law. I would even feel confident prescribing it as reading to undergrads!

The hardcover is built to last, I would recommend it to anyone who wants this book to be an addition to their personal library. Which, if you are a scholar in this area, it should be, because it is a very useful reference text and the ideas Dov Fox puts forward will likely guide future legal developments on reproductive negligence.
Customer image
Bonginkosi Shozi
5.0 out of 5 stars Enjoyable Read for Lawyers and Non-Lawyers Alike (and a hardcover worth keeping)
Reviewed in the United States on August 12, 2019
As a Ph.D. Candidate, I bought this book for scholarly purposes but I have enjoyed reading it in a way I don't often enjoy scholarly works. This book is very well researched and deals with intricate legal issues, but Dov Fox does so with a style that is accessible and easy to follow even if you aren't a lawyer or familiar with repro-law. I would even feel confident prescribing it as reading to undergrads!

The hardcover is built to last, I would recommend it to anyone who wants this book to be an addition to their personal library. Which, if you are a scholar in this area, it should be, because it is a very useful reference text and the ideas Dov Fox puts forward will likely guide future legal developments on reproductive negligence.
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2 people found this helpful
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Steve Kleinman
5.0 out of 5 stars When Technology Outpaces the Law
Reviewed in the United States on March 21, 2021
Verified Purchase
Dov Fox has written an excellent book covering an exceedingly difficult moral issue that the law is just beginning to grapple with. Reproduction is a basic human need and technology has provided tools for those whose abilities to reproduce have been compromised. This books delves into the moral, legal and ethical problems for people whose attempts to use the new tools have failed due to human negligence. This is a must read for lawyers dealing with such negligence.
One person found this helpful
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Curious George
5.0 out of 5 stars A Masterpiece on Ethics and Reproductive Rights
Reviewed in the United States on December 5, 2019
This book is incredible! Dov Fox has written a masterpiece on reproductive rights, breaking down the issues in ways that are as accessible to the average person as they are interesting to true experts. This is a book about reproductive rights, but it is also a seminal work on ethics that should serve as the gold standard for a growing field.

It is filled with interesting case studies, easy to process legal explanations, and compelling analysis that will turn you into an instant expert on the subject.

Anyone alive should read this book and it is easy to understand why Fox is a star in this field.
3 people found this helpful
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Gerald M. Damon
1.0 out of 5 stars If Dr. Mengele had a lawyer for a son.
Reviewed in the United States on August 20, 2020
Dov has a psychological issue with power over humanity and basic rights affirmed in the Nuremberg trials, the right NOT to being forcibly injected or " inoculated ".
Ironic his ancestors had this ilk within in their communities before the genocide. Also ironic he is a fellow of the Soros institute.
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