"An argument that goes back to the womb": The demedicalization of fetal alcohol syndrome, 1973-1992

Journal of Social History

Volumn 33, Issue 2, 1999, Pages 269-298

  Golden, Janet ^a,b  

^a RUTGERS UNIVERSITY   (United States)

^b Department of History ^*  (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0039657179     PISSN: 00224529     EISSN: None     Source Type: Journal    
DOI: 10.1353/jsh.1999.0056     Document Type: Article

References (198)

1. Gerard N. Burrow and Thomas F. Ferris, eds., Medical Complications During Pregnancy 4th ed. (Philadelphia, 1984), p. 586. Alcohol-related birth defects have been long identified in the medical and popular literature and were historically defined as the result of paternal intoxication at the time of conception. The effects of chronic maternal alcohol abuse in pregnancy did not begin to be examined until the mid-nineteenth century. Ernest L. Abel, Fetal Alcohol Syndrome (Oradell, NJ, 1990), pp. 1-11.
2. Gerard N. Burrow and Thomas F. Ferris, eds., Medical Complications During Pregnancy 4th ed. (Philadelphia, 1984), p. 586. Alcohol-related birth defects have been long identified in the medical and popular literature and were historically defined as the result of paternal intoxication at the time of conception. The effects of chronic maternal alcohol abuse in pregnancy did not begin to be examined until the mid-nineteenth century. Ernest L. Abel, Fetal Alcohol Syndrome (Oradell, NJ, 1990), pp. 1-11.
3. William M. Barron, Marshall D. Lindheimer and John M. Davison, eds., Medical Disorders During Pregnancy 2nd ed. (St. Louis, 1995), p. 467.
4. Ernest L. Abel and Robert J. Sokol, "A Revised Estimate of the Economic Impact of Fetal Alcohol Syndrome [review]," Recent Developments in Alcoholism 9 (1991): 117-25.
5. David Brinkley, NBC Evening News, 31 May 1977, Media Services Videotape, Nashville, Vanderbilt Television News Archives, (hereafter VTNA).
6. Barbara Walters, ABC Evening News, 1 June 1977, VTNA; and Walter Cronkite, CBS Evening News, 1 June 1977, VTNA.
7. Barbara Walters, ABC Evening News, 1 June 1977, VTNA; and Walter Cronkite, CBS Evening News, 1 June 1977, VTNA.
8. Ted Koppel, Nightline, 15 April 1992, VTNA.
9. "Excerpts from Wilson's Message on Clemency," San Francisco Chronicle, 17 April 1992, Lexis/Nexis Online Services (hereafter LNOS).
10. On the concept of framing see Charles E. Rosenberg and Janet Golden, eds., Framing Disease: Studies in Cultural History (New Brunswick, 1992).
11. For an overview of the development of American medicine see Paul Starr, The Social Transformation of American Medicine (New York, 1982). While historians define medicalization as a process inextricably linked to the development of modern western society, sociologists focus on the meaning of medicalization and particularly its links to definitions of deviance. The classic sociological analysis is Peter Conrad and Joseph W. Schneider, Deviance and Medicalization: From Badness to Sickness (St. Louis, 1980) which consists of case studies of medicalization. See also Naomi Aronson, "Science as a Claims-Making Activity: Implications for Social Problems Research," in Joseph W. Schneider and John I. Kitsuse, eds., Studies in the Sociology of Social Problems (Norwood, N.J., 1984), pp. 1-30; and Joseph R. Gusfield, "On the Side: Practical Action and Social Constructivism in Social Problems Theory," in ibid., pp. 31-51.
12. For an overview of the development of American medicine see Paul Starr, The Social Transformation of American Medicine (New York, 1982). While historians define medicalization as a process inextricably linked to the development of modern western society, sociologists focus on the meaning of medicalization and particularly its links to definitions of deviance. The classic sociological analysis is Peter Conrad and Joseph W. Schneider, Deviance and Medicalization: From Badness to Sickness (St. Louis, 1980) which consists of case studies of medicalization. See also Naomi Aronson, "Science as a Claims-Making Activity: Implications for Social Problems Research," in Joseph W. Schneider and John I. Kitsuse, eds., Studies in the Sociology of Social Problems (Norwood, N.J., 1984), pp. 1-30; and Joseph R. Gusfield, "On the Side: Practical Action and Social Constructivism in Social Problems Theory," in ibid., pp. 31-51.
13. For an overview of the development of American medicine see Paul Starr, The Social Transformation of American Medicine (New York, 1982). While historians define medicalization as a process inextricably linked to the development of modern western society, sociologists focus on the meaning of medicalization and particularly its links to definitions of deviance. The classic sociological analysis is Peter Conrad and Joseph W. Schneider, Deviance and Medicalization: From Badness to Sickness (St. Louis, 1980) which consists of case studies of medicalization. See also Naomi Aronson, "Science as a Claims-Making Activity: Implications for Social Problems Research," in Joseph W. Schneider and John I. Kitsuse, eds., Studies in the Sociology of Social Problems (Norwood, N.J., 1984), pp. 1-30; and Joseph R. Gusfield, "On the Side: Practical Action and Social Constructivism in Social Problems Theory," in ibid., pp. 31-51.
14. For an overview of the development of American medicine see Paul Starr, The Social Transformation of American Medicine (New York, 1982). While historians define medicalization as a process inextricably linked to the development of modern western society, sociologists focus on the meaning of medicalization and particularly its links to definitions of deviance. The classic sociological analysis is Peter Conrad and Joseph W. Schneider, Deviance and Medicalization: From Badness to Sickness (St. Louis, 1980) which consists of case studies of medicalization. See also Naomi Aronson, "Science as a Claims-Making Activity: Implications for Social Problems Research," in Joseph W. Schneider and John I. Kitsuse, eds., Studies in the Sociology of Social Problems (Norwood, N.J., 1984), pp. 1-30; and Joseph R. Gusfield, "On the Side: Practical Action and Social Constructivism in Social Problems Theory," in ibid., pp. 31-51.
15. David J. Rothman, Strangers at the Bedside: A History of How Law and Bioethics Transformed Medical Decision Making (New York, 1991).
16. Renee C. Fox, "The Medicalization and Demedicalization of American Society," Daedalus 106 (1977): 9-22.
17. "Nowadays the word 'abuse' is the get-out-of-jail-free card, a card that has been overplayed, thus further hurting those who genuinely have been abused." Rob Morse, "Low-life Achievement Awards," San Francisco Examiner, 10 February 1994, LNOS. Notably, Morse's nominations for best excuse of the previous year included "One: Beavis & Butt-Head made me do it. Two: I was abused as a child (optional: and I had fetal alcohol syndrome)." For other analyses of this phenomenon see Alan M. Dershowitz, The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility (Boston, 1994); and James Q. Wilson, Moral Judgement : Does the Abuse Excuse Threaten Our Legal System? (New York, 1997).
18. "Nowadays the word 'abuse' is the get-out-of-jail-free card, a card that has been overplayed, thus further hurting those who genuinely have been abused." Rob Morse, "Low-life Achievement Awards," San Francisco Examiner, 10 February 1994, LNOS. Notably, Morse's nominations for best excuse of the previous year included "One: Beavis & Butt-Head made me do it. Two: I was abused as a child (optional: and I had fetal alcohol syndrome)." For other analyses of this phenomenon see Alan M. Dershowitz, The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility (Boston, 1994); and James Q. Wilson, Moral Judgement : Does the Abuse Excuse Threaten Our Legal System? (New York, 1997).
19. "Nowadays the word 'abuse' is the get-out-of-jail-free card, a card that has been overplayed, thus further hurting those who genuinely have been abused." Rob Morse, "Low-life Achievement Awards," San Francisco Examiner, 10 February 1994, LNOS. Notably, Morse's nominations for best excuse of the previous year included "One: Beavis & Butt-Head made me do it. Two: I was abused as a child (optional: and I had fetal alcohol syndrome)." For other analyses of this phenomenon see Alan M. Dershowitz, The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility (Boston, 1994); and James Q. Wilson, Moral Judgement : Does the Abuse Excuse Threaten Our Legal System? (New York, 1997).
20. Kenneth Lyons Jones, et al, "Pattern of Malformation in the Offspring of Chronic Alcoholic Mothers," Lancet 2 (1973): 1267-71. Uncertain as to whether the ethanol itself or other substances in alcoholic beverages caused the deformities, the authors nonetheless demonstrated that the physical signs of what they termed FAS could be distinguished from those indicating maternal malnourishment. Additionally, they documented that FAS appeared in children of varying races and social backgrounds, and that it was not a genetic condition. See also Christy Ulleland, et al, "The Offspring of Alcoholic Mothers," [abstract] Pediatric Research 4 (1970): 474. For the history of American FAS research see Peter L. Petraikis, Alcohol and Birth Defects: The Fetal Alcohol Syndrome and Related Disorders (Washington, D.C., 1987), p. ix. The term "fetal alcohol syndrome" appeared in Kenneth L. Jones and David W. Smith, "Recognition of the Fetal Alcohol Syndrome in Early Infancy," Lancet 2 (1973): 999-1001.
21. Kenneth Lyons Jones, et al, "Pattern of Malformation in the Offspring of Chronic Alcoholic Mothers," Lancet 2 (1973): 1267-71. Uncertain as to whether the ethanol itself or other substances in alcoholic beverages caused the deformities, the authors nonetheless demonstrated that the physical signs of what they termed FAS could be distinguished from those indicating maternal malnourishment. Additionally, they documented that FAS appeared in children of varying races and social backgrounds, and that it was not a genetic condition. See also Christy Ulleland, et al, "The Offspring of Alcoholic Mothers," [abstract] Pediatric Research 4 (1970): 474. For the history of American FAS research see Peter L. Petraikis, Alcohol and Birth Defects: The Fetal Alcohol Syndrome and Related Disorders (Washington, D.C., 1987), p. ix. The term "fetal alcohol syndrome" appeared in Kenneth L. Jones and David W. Smith, "Recognition of the Fetal Alcohol Syndrome in Early Infancy," Lancet 2 (1973): 999-1001.
22. Kenneth Lyons Jones, et al, "Pattern of Malformation in the Offspring of Chronic Alcoholic Mothers," Lancet 2 (1973): 1267-71. Uncertain as to whether the ethanol itself or other substances in alcoholic beverages caused the deformities, the authors nonetheless demonstrated that the physical signs of what they termed FAS could be distinguished from those indicating maternal malnourishment. Additionally, they documented that FAS appeared in children of varying races and social backgrounds, and that it was not a genetic condition. See also Christy Ulleland, et al, "The Offspring of Alcoholic Mothers," [abstract] Pediatric Research 4 (1970): 474. For the history of American FAS research see Peter L. Petraikis, Alcohol and Birth Defects: The Fetal Alcohol Syndrome and Related Disorders (Washington, D.C., 1987), p. ix. The term "fetal alcohol syndrome" appeared in Kenneth L. Jones and David W. Smith, "Recognition of the Fetal Alcohol Syndrome in Early Infancy," Lancet 2 (1973): 999-1001.
23. Kenneth Lyons Jones, et al, "Pattern of Malformation in the Offspring of Chronic Alcoholic Mothers," Lancet 2 (1973): 1267-71. Uncertain as to whether the ethanol itself or other substances in alcoholic beverages caused the deformities, the authors nonetheless demonstrated that the physical signs of what they termed FAS could be distinguished from those indicating maternal malnourishment. Additionally, they documented that FAS appeared in children of varying races and social backgrounds, and that it was not a genetic condition. See also Christy Ulleland, et al, "The Offspring of Alcoholic Mothers," [abstract] Pediatric Research 4 (1970): 474. For the history of American FAS research see Peter L. Petraikis, Alcohol and Birth Defects: The Fetal Alcohol Syndrome and Related Disorders (Washington, D.C., 1987), p. ix. The term "fetal alcohol syndrome" appeared in Kenneth L. Jones and David W. Smith, "Recognition of the Fetal Alcohol Syndrome in Early Infancy," Lancet 2 (1973): 999-1001.
24. Paul Lemoine, et al. "Les Enfants de Parents Alcooliques. Anomalies Observées. A Propos de 127 Cas." Ouest Médical 21 (1968): 476-82. After retiring from practice, Lemoine followed up the cases he discussed in his 1968, report. See P. Lemoine, and Ph. Lemoine, "Avenir Des Enfants de Mères Alcooliques (Étude de 105 Cas Retrouvés A L' Âge Adulte) et Quelques Constations d'Intérêt Prophylactique," Annales de Pédiatrie 39 (1992): 226-35. This report is discussed in Alexander Dorozyaski, "Maternal Alcoholism; Grapes of Wrath," Psychology Today 26 (1993): 18.
25. Paul Lemoine, et al. "Les Enfants de Parents Alcooliques. Anomalies Observées. A Propos de 127 Cas." Ouest Médical 21 (1968): 476-82. After retiring from practice, Lemoine followed up the cases he discussed in his 1968, report. See P. Lemoine, and Ph. Lemoine, "Avenir Des Enfants de Mères Alcooliques (Étude de 105 Cas Retrouvés A L' Âge Adulte) et Quelques Constations d'Intérêt Prophylactique," Annales de Pédiatrie 39 (1992): 226-35. This report is discussed in Alexander Dorozyaski, "Maternal Alcoholism; Grapes of Wrath," Psychology Today 26 (1993): 18.
26. Paul Lemoine, et al. "Les Enfants de Parents Alcooliques. Anomalies Observées. A Propos de 127 Cas." Ouest Médical 21 (1968): 476-82. After retiring from practice, Lemoine followed up the cases he discussed in his 1968, report. See P. Lemoine, and Ph. Lemoine, "Avenir Des Enfants de Mères Alcooliques (Étude de 105 Cas Retrouvés A L' Âge Adulte) et Quelques Constations d'Intérêt Prophylactique," Annales de Pédiatrie 39 (1992): 226-35. This report is discussed in Alexander Dorozyaski, "Maternal Alcoholism; Grapes of Wrath," Psychology Today 26 (1993): 18.
27. In 1974 the NIAAA funded four major prospective studies on maternal alcohol use and pregnancy outcome. Researchers found that excess maternal alcohol use correlated with a variety of adverse outcomes. See, for example, Ann P. Streissguth, et al, "The Seattle Longitudinal Prospective Study on Alcohol and Pregnancy," Neurobehavioral Toxicology and Teratology 3 (1981): 223-33; and Henry L. Rosett, Eileen M. Ouellette, and Lyn Weiner, "A Pilot Prospective Study of the Fetal Alcohol Syndrome at the Boston City Hospital. Part I. Maternal Drinking," Annals of the New York Academy of Sciences 273 (1976): 118-22. Studies of alcohol as a teratogen in other species are reviewed in Carrie L. Randall, "Alcohol as a Teratogen in Animals," Alcohol and Health Monograph No. 2 (U.S. Public Health Service: Washington, D.C., 1982), pp. 291-307.
28. In 1974 the NIAAA funded four major prospective studies on maternal alcohol use and pregnancy outcome. Researchers found that excess maternal alcohol use correlated with a variety of adverse outcomes. See, for example, Ann P. Streissguth, et al, "The Seattle Longitudinal Prospective Study on Alcohol and Pregnancy," Neurobehavioral Toxicology and Teratology 3 (1981): 223-33; and Henry L. Rosett, Eileen M. Ouellette, and Lyn Weiner, "A Pilot Prospective Study of the Fetal Alcohol Syndrome at the Boston City Hospital. Part I. Maternal Drinking," Annals of the New York Academy of Sciences 273 (1976): 118-22. Studies of alcohol as a teratogen in other species are reviewed in Carrie L. Randall, "Alcohol as a Teratogen in Animals," Alcohol and Health Monograph No. 2 (U.S. Public Health Service: Washington, D.C., 1982), pp. 291-307.
29. In 1974 the NIAAA funded four major prospective studies on maternal alcohol use and pregnancy outcome. Researchers found that excess maternal alcohol use correlated with a variety of adverse outcomes. See, for example, Ann P. Streissguth, et al, "The Seattle Longitudinal Prospective Study on Alcohol and Pregnancy," Neurobehavioral Toxicology and Teratology 3 (1981): 223-33; and Henry L. Rosett, Eileen M. Ouellette, and Lyn Weiner, "A Pilot Prospective Study of the Fetal Alcohol Syndrome at the Boston City Hospital. Part I. Maternal Drinking," Annals of the New York Academy of Sciences 273 (1976): 118-22. Studies of alcohol as a teratogen in other species are reviewed in Carrie L. Randall, "Alcohol as a Teratogen in Animals," Alcohol and Health Monograph No. 2 (U.S. Public Health Service: Washington, D.C., 1982), pp. 291-307.
30. 1989 interview with Phyllis Pedrizzetti, Italian Americans in the West, Library of Congress Folklore Collection, Washington, D.C.
31. James L. Schardein, Chemically Induced Birth Defects 2nd ed. rev. (New York, 1993), p. 620.
32. In 1975 3 percent of adult females were estimated to be either alcoholics or problem drinkers. NIAAA, Third Special Report to the U.S. Congress on Alcohol and Health (June 1978), pp. 9-10. A 1993 publication gave the figure of 6 percent. Anne E. Bernstein and Sharyn A. Lenhart, The Psychodynamic Treatment of Women (Washington, D.C., 1993), p. 93. Prevalence figures on alcoholism in women indicated that the male to female ratio was declining in the 1970s and 1980s as measured by admissions to mental hospitals, use of community resources, and cirrhosis mortality statistics. Notably, these are measures designed to assess rates of male alcoholism and thus it is difficult to pinpoint precisely how many women were alcohol abusers and how rates changed over time. Eileen M. Corrigan, Alcoholic Women in Treatment (New York, 1980), pp. 9-11.
33. In 1975 3 percent of adult females were estimated to be either alcoholics or problem drinkers. NIAAA, Third Special Report to the U.S. Congress on Alcohol and Health (June 1978), pp. 9-10. A 1993 publication gave the figure of 6 percent. Anne E. Bernstein and Sharyn A. Lenhart, The Psychodynamic Treatment of Women (Washington, D.C., 1993), p. 93. Prevalence figures on alcoholism in women indicated that the male to female ratio was declining in the 1970s and 1980s as measured by admissions to mental hospitals, use of community resources, and cirrhosis mortality statistics. Notably, these are measures designed to assess rates of male alcoholism and thus it is difficult to pinpoint precisely how many women were alcohol abusers and how rates changed over time. Eileen M. Corrigan, Alcoholic Women in Treatment (New York, 1980), pp. 9-11.
34. In 1975 3 percent of adult females were estimated to be either alcoholics or problem drinkers. NIAAA, Third Special Report to the U.S. Congress on Alcohol and Health (June 1978), pp. 9-10. A 1993 publication gave the figure of 6 percent. Anne E. Bernstein and Sharyn A. Lenhart, The Psychodynamic Treatment of Women (Washington, D.C., 1993), p. 93. Prevalence figures on alcoholism in women indicated that the male to female ratio was declining in the 1970s and 1980s as measured by admissions to mental hospitals, use of community resources, and cirrhosis mortality statistics. Notably, these are measures designed to assess rates of male alcoholism and thus it is difficult to pinpoint precisely how many women were alcohol abusers and how rates changed over time. Eileen M. Corrigan, Alcoholic Women in Treatment (New York, 1980), pp. 9-11.
35. "Women Alcoholics," Newsweek 88 (15 November 1976): 73.
36. See, for example, "The Shocking Facts About Women and Alcohol," Good Housekeeping 185 (September 1977): 207-8. On alcoholic women in film see Robin Room, "Alcoholism and AA in US films, 1945-62," Journal of Studies on Alcohol 50 (1989): 368-83; Norman K. Denzen, Hollywood Shot by Shot: Alcoholism in American Cinema (New York, 1991), pp. 69-94; and Melinda Kanner, "Drinking Themselves to Life, or the Body in the Bottle: Filmic Negotiations in the Construction of the Alcoholic Female Body," Catherine B. Burroughs and Jeffrey David Ehrenriech, eds., Reading the Social Body (Iowa City, 1993), pp. 156-84.
37. See, for example, "The Shocking Facts About Women and Alcohol," Good Housekeeping 185 (September 1977): 207-8. On alcoholic women in film see Robin Room, "Alcoholism and AA in US films, 1945-62," Journal of Studies on Alcohol 50 (1989): 368-83; Norman K. Denzen, Hollywood Shot by Shot: Alcoholism in American Cinema (New York, 1991), pp. 69-94; and Melinda Kanner, "Drinking Themselves to Life, or the Body in the Bottle: Filmic Negotiations in the Construction of the Alcoholic Female Body," Catherine B. Burroughs and Jeffrey David Ehrenriech, eds., Reading the Social Body (Iowa City, 1993), pp. 156-84.
38. See, for example, "The Shocking Facts About Women and Alcohol," Good Housekeeping 185 (September 1977): 207-8. On alcoholic women in film see Robin Room, "Alcoholism and AA in US films, 1945-62," Journal of Studies on Alcohol 50 (1989): 368-83; Norman K. Denzen, Hollywood Shot by Shot: Alcoholism in American Cinema (New York, 1991), pp. 69-94; and Melinda Kanner, "Drinking Themselves to Life, or the Body in the Bottle: Filmic Negotiations in the Construction of the Alcoholic Female Body," Catherine B. Burroughs and Jeffrey David Ehrenriech, eds., Reading the Social Body (Iowa City, 1993), pp. 156-84.
39. See, for example, "The Shocking Facts About Women and Alcohol," Good Housekeeping 185 (September 1977): 207-8. On alcoholic women in film see Robin Room, "Alcoholism and AA in US films, 1945-62," Journal of Studies on Alcohol 50 (1989): 368-83; Norman K. Denzen, Hollywood Shot by Shot: Alcoholism in American Cinema (New York, 1991), pp. 69-94; and Melinda Kanner, "Drinking Themselves to Life, or the Body in the Bottle: Filmic Negotiations in the Construction of the Alcoholic Female Body," Catherine B. Burroughs and Jeffrey David Ehrenriech, eds., Reading the Social Body (Iowa City, 1993), pp. 156-84.
40. Walter Cronkite, CBS Evening News, 29 September 1976, VTNA.
41. Brinkley, NBC Evening News, 31 May 1977.
42. On alcoholic beverage manufacturers as part of the "minor vice-industrial complex" see John C. Burnham, Bad Habits: Drinking, Smoking, Taking Drugs, Gambling, Sexual Misbehavior and Swearing in American History (New York, 1993), p. 21. Data on the alcoholic beverage industry and its contribution to the economy can be found in Thomas M. Nugent, Standard and Poor's Industry Surveys: Alcoholic Beverages and Tobacco 23 January 1997, pp. 1, 12; and Scott Heil and Terrance W. Peck, eds., Encyclopedia of American Industries vol. 1 (Detroit, 1998), pp. 113-33.
43. On alcoholic beverage manufacturers as part of the "minor vice-industrial complex" see John C. Burnham, Bad Habits: Drinking, Smoking, Taking Drugs, Gambling, Sexual Misbehavior and Swearing in American History (New York, 1993), p. 21. Data on the alcoholic beverage industry and its contribution to the economy can be found in Thomas M. Nugent, Standard and Poor's Industry Surveys: Alcoholic Beverages and Tobacco 23 January 1997, pp. 1, 12; and Scott Heil and Terrance W. Peck, eds., Encyclopedia of American Industries vol. 1 (Detroit, 1998), pp. 113-33.
44. On alcoholic beverage manufacturers as part of the "minor vice-industrial complex" see John C. Burnham, Bad Habits: Drinking, Smoking, Taking Drugs, Gambling, Sexual Misbehavior and Swearing in American History (New York, 1993), p. 21. Data on the alcoholic beverage industry and its contribution to the economy can be found in Thomas M. Nugent, Standard and Poor's Industry Surveys: Alcoholic Beverages and Tobacco 23 January 1997, pp. 1, 12; and Scott Heil and Terrance W. Peck, eds., Encyclopedia of American Industries vol. 1 (Detroit, 1998), pp. 113-33.
45. Worldwide there were 8,000 thalidomide births as compared to 20,000 children damaged by rubella in the United States in 1964. Nevertheless, the thalidomide episode played a more powerful role in stimulating teratological research, prompted the Kefauver-Harris Drug Amendments of 1962, and induced the Food and Drug Administration to issue its Guidelines for Reproduction Studies for Safety Evaluation of Drugs for Human Use. Schardein, Chemically Induced Birth Defects, pp. 63, 29.
46. On the discovery and analysis of the effects of tobacco on fetuses prior to the discovery of FAS see Winea J. Simpson, "A Preliminary Report on Cigarette Smoking and the Incidence of Prematurity," American Journal of Obstetrics and Gynecology 73 (1957): 808-15; C. R. Lowe, "Effect of Mothers' Smoking Habits on Birth Weights of Their Children," British Medical Journal 2 (1959): 673-76; Brian MacMahon, Marc Alpert, and Eva J. Salber, "Infant Weight and Parental Smoking Habits," American Journal of Epidemiology 82 (1965): 247-51; and Mary B. Meyer and George W. Comstock, "Maternal Cigarette Smoking and Perinatal Morality," American Journal of Epidemiology 96 (1972): 1-10.
47. On the discovery and analysis of the effects of tobacco on fetuses prior to the discovery of FAS see Winea J. Simpson, "A Preliminary Report on Cigarette Smoking and the Incidence of Prematurity," American Journal of Obstetrics and Gynecology 73 (1957): 808-15; C. R. Lowe, "Effect of Mothers' Smoking Habits on Birth Weights of Their Children," British Medical Journal 2 (1959): 673-76; Brian MacMahon, Marc Alpert, and Eva J. Salber, "Infant Weight and Parental Smoking Habits," American Journal of Epidemiology 82 (1965): 247-51; and Mary B. Meyer and George W. Comstock, "Maternal Cigarette Smoking and Perinatal Morality," American Journal of Epidemiology 96 (1972): 1-10.
48. On the discovery and analysis of the effects of tobacco on fetuses prior to the discovery of FAS see Winea J. Simpson, "A Preliminary Report on Cigarette Smoking and the Incidence of Prematurity," American Journal of Obstetrics and Gynecology 73 (1957): 808-15; C. R. Lowe, "Effect of Mothers' Smoking Habits on Birth Weights of Their Children," British Medical Journal 2 (1959): 673-76; Brian MacMahon, Marc Alpert, and Eva J. Salber, "Infant Weight and Parental Smoking Habits," American Journal of Epidemiology 82 (1965): 247-51; and Mary B. Meyer and George W. Comstock, "Maternal Cigarette Smoking and Perinatal Morality," American Journal of Epidemiology 96 (1972): 1-10.
49. On the discovery and analysis of the effects of tobacco on fetuses prior to the discovery of FAS see Winea J. Simpson, "A Preliminary Report on Cigarette Smoking and the Incidence of Prematurity," American Journal of Obstetrics and Gynecology 73 (1957): 808-15; C. R. Lowe, "Effect of Mothers' Smoking Habits on Birth Weights of Their Children," British Medical Journal 2 (1959): 673-76; Brian MacMahon, Marc Alpert, and Eva J. Salber, "Infant Weight and Parental Smoking Habits," American Journal of Epidemiology 82 (1965): 247-51; and Mary B. Meyer and George W. Comstock, "Maternal Cigarette Smoking and Perinatal Morality," American Journal of Epidemiology 96 (1972): 1-10.
50. "Martinis and Motherhood," Newsweek 82 (16 July 1973): 93.
51. Kristin Luker, Abortion and the Politics of Motherhood (Berkeley, 1984), pp. 80-81, 85-91.
52. R. Sturdevant, "Offspring of Chronic Alcoholic Women" [letter] and Kenneth Lyons Jones and David W. Smith [reply] Lancet 2 (1974): 349. Elsewhere the authors stated: "this frequency of adverse outcome in the offspring of alcoholic women is sufficiently high to merit serious consideration of early pregnancy termination for the chronically alcoholic woman." Kenneth Lyons Jones, et al, "Incidence of Fetal Alcohol Syndrome in Offspring of Chronically Alcoholic Women," [abstract] Pediatric Research 8 (1974): 166. German medical authorities took this same position, while a group of French physicians proposed hospitalization and detoxification of pregnant alcoholic women. See J.R. Bierich, et al, "Über das Embryofetale Alkohol-Syndrom," European Journal of Pediatrics 121 (1976): 155-177, cited in Ph. Dehaene, et al "Le Syndrome d'Alcoolisme Foetal dans le Nord de la France," Revue de l'Alcoolisme 23 (1977): 145-58.
53. R. Sturdevant, "Offspring of Chronic Alcoholic Women" [letter] and Kenneth Lyons Jones and David W. Smith [reply] Lancet 2 (1974): 349. Elsewhere the authors stated: "this frequency of adverse outcome in the offspring of alcoholic women is sufficiently high to merit serious consideration of early pregnancy termination for the chronically alcoholic woman." Kenneth Lyons Jones, et al, "Incidence of Fetal Alcohol Syndrome in Offspring of Chronically Alcoholic Women," [abstract] Pediatric Research 8 (1974): 166. German medical authorities took this same position, while a group of French physicians proposed hospitalization and detoxification of pregnant alcoholic women. See J.R. Bierich, et al, "Über das Embryofetale Alkohol-Syndrom," European Journal of Pediatrics 121 (1976): 155-177, cited in Ph. Dehaene, et al "Le Syndrome d'Alcoolisme Foetal dans le Nord de la France," Revue de l'Alcoolisme 23 (1977): 145-58.
54. R. Sturdevant, "Offspring of Chronic Alcoholic Women" [letter] and Kenneth Lyons Jones and David W. Smith [reply] Lancet 2 (1974): 349. Elsewhere the authors stated: "this frequency of adverse outcome in the offspring of alcoholic women is sufficiently high to merit serious consideration of early pregnancy termination for the chronically alcoholic woman." Kenneth Lyons Jones, et al, "Incidence of Fetal Alcohol Syndrome in Offspring of Chronically Alcoholic Women," [abstract] Pediatric Research 8 (1974): 166. German medical authorities took this same position, while a group of French physicians proposed hospitalization and detoxification of pregnant alcoholic women. See J.R. Bierich, et al, "Über das Embryofetale Alkohol-Syndrom," European Journal of Pediatrics 121 (1976): 155-177, cited in Ph. Dehaene, et al "Le Syndrome d'Alcoolisme Foetal dans le Nord de la France," Revue de l'Alcoolisme 23 (1977): 145-58.
55. R. Sturdevant, "Offspring of Chronic Alcoholic Women" [letter] and Kenneth Lyons Jones and David W. Smith [reply] Lancet 2 (1974): 349. Elsewhere the authors stated: "this frequency of adverse outcome in the offspring of alcoholic women is sufficiently high to merit serious consideration of early pregnancy termination for the chronically alcoholic woman." Kenneth Lyons Jones, et al, "Incidence of Fetal Alcohol Syndrome in Offspring of Chronically Alcoholic Women," [abstract] Pediatric Research 8 (1974): 166. German medical authorities took this same position, while a group of French physicians proposed hospitalization and detoxification of pregnant alcoholic women. See J.R. Bierich, et al, "Über das Embryofetale Alkohol-Syndrom," European Journal of Pediatrics 121 (1976): 155-177, cited in Ph. Dehaene, et al "Le Syndrome d'Alcoolisme Foetal dans le Nord de la France," Revue de l'Alcoolisme 23 (1977): 145-58.
56. R. Sturdevant, "Offspring of Chronic Alcoholic Women" [letter] and Kenneth Lyons Jones and David W. Smith [reply] Lancet 2 (1974): 349. Elsewhere the authors stated: "this frequency of adverse outcome in the offspring of alcoholic women is sufficiently high to merit serious consideration of early pregnancy termination for the chronically alcoholic woman." Kenneth Lyons Jones, et al, "Incidence of Fetal Alcohol Syndrome in Offspring of Chronically Alcoholic Women," [abstract] Pediatric Research 8 (1974): 166. German medical authorities took this same position, while a group of French physicians proposed hospitalization and detoxification of pregnant alcoholic women. See J.R. Bierich, et al, "Über das Embryofetale Alkohol-Syndrom," European Journal of Pediatrics 121 (1976): 155-177, cited in Ph. Dehaene, et al "Le Syndrome d'Alcoolisme Foetal dans le Nord de la France," Revue de l'Alcoolisme 23 (1977): 145-58.
57. "Liquor and Babies," Time 106 (14 July 1975): 36;
58. and "Alcoholic Babies," U.S. News and World Report 80 (17 May 1976): 43.
59. Walters, ABC Evening News, 1 June 1977. Others discussed sterilizing alcoholic women of childbearing age who had given birth to FAS children and who could not give up drinking. Sophie Pierog, Oradee Chandavasu and Irving Wexler, "The Fetal Alcohol Syndrome: Some Maternal Characteristics," International Journal of Gynecology and Obstetrics 16 (1979): 412-15.
60. Walters, ABC Evening News, 1 June 1977. Others discussed sterilizing alcoholic women of childbearing age who had given birth to FAS children and who could not give up drinking. Sophie Pierog, Oradee Chandavasu and Irving Wexler, "The Fetal Alcohol Syndrome: Some Maternal Characteristics," International Journal of Gynecology and Obstetrics 16 (1979): 412-15.
61. Sterling K. Clarren, "Recognition of Fetal Alcohol Syndrome," Journal of the American Medical Association 245 (1981): 2436-39.
62. Nancy Hughes Clark, "Birth Defects: How to Prevent Them," Harper's Bazaar 110 (July 1977): 86-87, 108-9. See also Geraldine Carro, "Mothering, Pregnancy No-No's, Substances that May Be Risky to Your Baby," Ladies Home Journal 94 (September 1977): 24; and "These Drugs Could Harm Your Unborn Baby," Good Housekeeping 180 (March 1975): 79.
63. Nancy Hughes Clark, "Birth Defects: How to Prevent Them," Harper's Bazaar 110 (July 1977): 86-87, 108-9. See also Geraldine Carro, "Mothering, Pregnancy No-No's, Substances that May Be Risky to Your Baby," Ladies Home Journal 94 (September 1977): 24; and "These Drugs Could Harm Your Unborn Baby," Good Housekeeping 180 (March 1975): 79.
64. Nancy Hughes Clark, "Birth Defects: How to Prevent Them," Harper's Bazaar 110 (July 1977): 86-87, 108-9. See also Geraldine Carro, "Mothering, Pregnancy No-No's, Substances that May Be Risky to Your Baby," Ladies Home Journal 94 (September 1977): 24; and "These Drugs Could Harm Your Unborn Baby," Good Housekeeping 180 (March 1975): 79.
65. Ralph C. Benson, Handbook of Obstetrics and Gynecology 6th ed. (Los Altos, 1977), p. 117. In some cases physicians prescribed alcohol in large quantities to prevent premature labor. However, by the 1980s the use of alcohol for tocolysis, as this is called, ended and other substances began to be employed.
66. Ralph C. Benson, Handbook of Obstetrics and Gynecology 8th ed. (Los Altos, 1983), p. 140.
67. See, for example, James H. Hanson, "Reproductive Wastage and Prenatal Ethanol Exposure: Human and Animal Studies," in Ian H. Porter, and Ernest B. Hook, eds., Human Embryonic and Fetal Death (New York, 1980), p. 222.
68. "Pregnant Drinkers," Newsweek 90 (1977): 72; Walters, ABC Evening News, June 1 1977; and Cronkite, CBS Evening News, 1 June 1977. The media sometimes confused 3 ounces of ethanol (six drinks) per day, with 3 drinks per day (1.5 ounces of ethanol), which may have added to public misunderstanding and possibly a heightened fear of the effects of moderate drinking.
69. "Pregnant Drinkers," Newsweek 90 (1977): 72; Walters, ABC Evening News, June 1 1977; and Cronkite, CBS Evening News, 1 June 1977. The media sometimes confused 3 ounces of ethanol (six drinks) per day, with 3 drinks per day (1.5 ounces of ethanol), which may have added to public misunderstanding and possibly a heightened fear of the effects of moderate drinking.
70. "Pregnant Drinkers," Newsweek 90 (1977): 72; Walters, ABC Evening News, June 1 1977; and Cronkite, CBS Evening News, 1 June 1977. The media sometimes confused 3 ounces of ethanol (six drinks) per day, with 3 drinks per day (1.5 ounces of ethanol), which may have added to public misunderstanding and possibly a heightened fear of the effects of moderate drinking.
71. For an analysis of the evidence about light drinking and the confusion of the categories of binge drinking and light drinking see Genevieve Knupfer, "Abstaining for Foetal Health: The Fiction that Even Light Drinking Is Dangerous," British Journal of Addiction 86 (1991): 1063-73.
72. Cited in "Alcohol and Fetuses," U.S. News and World Report 83 (1977): 50.
73. "FDA Presses for Alcohol Warning Label," Washington Post 23 November 1977, LNOS. In Brown-Forman Distillers Corp. v. Matthews, Western District of Kentucky, the judge ruled that Congress implicitly exempted alcohol labeling authority from the Food, Drug and Cosmetic Act and that the BATF therefore had authority over this matter. The FDA request to appeal this ruling was rejected by the White House Office of Management and Budget. See R. Jeffrey Smith, "Agency Drags Its Feet on Warning to Pregnant Women," Science 199 (1978): 748-49; and "Protests Foam Up Over Labeling Rules," Business Week 2410 (1975): 23-4.
74. "FDA Presses for Alcohol Warning Label," Washington Post 23 November 1977, LNOS. In Brown-Forman Distillers Corp. v. Matthews, Western District of Kentucky, the judge ruled that Congress implicitly exempted alcohol labeling authority from the Food, Drug and Cosmetic Act and that the BATF therefore had authority over this matter. The FDA request to appeal this ruling was rejected by the White House Office of Management and Budget. See R. Jeffrey Smith, "Agency Drags Its Feet on Warning to Pregnant Women," Science 199 (1978): 748-49; and "Protests Foam Up Over Labeling Rules," Business Week 2410 (1975): 23-4.
75. "FDA Presses for Alcohol Warning Label," Washington Post 23 November 1977, LNOS. In Brown-Forman Distillers Corp. v. Matthews, Western District of Kentucky, the judge ruled that Congress implicitly exempted alcohol labeling authority from the Food, Drug and Cosmetic Act and that the BATF therefore had authority over this matter. The FDA request to appeal this ruling was rejected by the White House Office of Management and Budget. See R. Jeffrey Smith, "Agency Drags Its Feet on Warning to Pregnant Women," Science 199 (1978): 748-49; and "Protests Foam Up Over Labeling Rules," Business Week 2410 (1975): 23-4.
76. For a summary of the legislative efforts see Howard M. Leichter, Free to Be Foolish: Politics and Health Promotion in the United States and Great Britain (Princeton, 1991), pp. 174-77. Thurmond, he points out, had been introducing health warning label bills since 1969.
77. William Rice, "A Spirited Response to Warning Labels," Washington Post 26 March 1978, LNOS reports that during a 2-month comment period the BATF received 2,832 letters. Ultimately, over 3,000 comments were received, largely from those opposed to labels (2,772 of the total). Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Progress Report Concerning the Advance Notice of Proposed Rulemaking on Warning Labels on Containers of Alcoholic Beverages and Addendum," (Washington, D.C. 1979), pp. 3-4.
78. William Rice, "A Spirited Response to Warning Labels," Washington Post 26 March 1978, LNOS reports that during a 2-month comment period the BATF received 2,832 letters. Ultimately, over 3,000 comments were received, largely from those opposed to labels (2,772 of the total). Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Progress Report Concerning the Advance Notice of Proposed Rulemaking on Warning Labels on Containers of Alcoholic Beverages and Addendum," (Washington, D.C. 1979), pp. 3-4.
79. "BATF Decides Against Warning Label," Science 203 (1979): 858-59. The article notes that the BATF rejected "the advice of the FDA, the NIAAA, the Institute of Medicine," as well as some of its own advisors and several associations for the mentally retarded. Amitai Etzioni, one of the three consultants chosen by the BATF to examine the labeling question, explained his rejection of labeling in "Caution: Too Many Health Warnings Could Be Counterproductive," Psychology Today 12 (December 1978): 20-22.
80. "BATF Decides Against Warning Label," Science 203 (1979): 858-59. The article notes that the BATF rejected "the advice of the FDA, the NIAAA, the Institute of Medicine," as well as some of its own advisors and several associations for the mentally retarded. Amitai Etzioni, one of the three consultants chosen by the BATF to examine the labeling question, explained his rejection of labeling in "Caution: Too Many Health Warnings Could Be Counterproductive," Psychology Today 12 (December 1978): 20-22.
81. "Motherly Advice: Don't Drink While Pregnant," Time 118 (3 August 1981): 81. The Surgeon General's warning provoked debate when Henry Rosett, Director of the Fetal Alcohol Education Program at Boston University Medical Center, suggested the danger from light drinking had not been demonstrated and should not be overstated, because "exaggeration could decrease credibility about the adverse effects of heavy drinking." Michael J. Conlon, "Researcher Warns Against Heavy Drinking By Pregnant Women," UPI, 9 September 1981, LNOS. In a letter to the editor of the New York Times, the Chairman of the National Council on Alcoholism took issue with Rosett, stating "We cannot say whether there is a safe amount of drinking or whether there is a safe time during pregnancy . . . Because of the possibility of risk, and in order to be totally safe, a woman should not drink at all during her pregnancy." John R. Doyle, "Pregnancy, Alcohol and the Safe Way - Letter to the Editor," New York Times 29 September 1981, LNOS.
82. "Motherly Advice: Don't Drink While Pregnant," Time 118 (3 August 1981): 81. The Surgeon General's warning provoked debate when Henry Rosett, Director of the Fetal Alcohol Education Program at Boston University Medical Center, suggested the danger from light drinking had not been demonstrated and should not be overstated, because "exaggeration could decrease credibility about the adverse effects of heavy drinking." Michael J. Conlon, "Researcher Warns Against Heavy Drinking By Pregnant Women," UPI, 9 September 1981, LNOS. In a letter to the editor of the New York Times, the Chairman of the National Council on Alcoholism took issue with Rosett, stating "We cannot say whether there is a safe amount of drinking or whether there is a safe time during pregnancy . . . Because of the possibility of risk, and in order to be totally safe, a woman should not drink at all during her pregnancy." John R. Doyle, "Pregnancy, Alcohol and the Safe Way - Letter to the Editor," New York Times 29 September 1981, LNOS.
83. "Motherly Advice: Don't Drink While Pregnant," Time 118 (3 August 1981): 81. The Surgeon General's warning provoked debate when Henry Rosett, Director of the Fetal Alcohol Education Program at Boston University Medical Center, suggested the danger from light drinking had not been demonstrated and should not be overstated, because "exaggeration could decrease credibility about the adverse effects of heavy drinking." Michael J. Conlon, "Researcher Warns Against Heavy Drinking By Pregnant Women," UPI, 9 September 1981, LNOS. In a letter to the editor of the New York Times, the Chairman of the National Council on Alcoholism took issue with Rosett, stating "We cannot say whether there is a safe amount of drinking or whether there is a safe time during pregnancy . . . Because of the possibility of risk, and in order to be totally safe, a woman should not drink at all during her pregnancy." John R. Doyle, "Pregnancy, Alcohol and the Safe Way - Letter to the Editor," New York Times 29 September 1981, LNOS.
84. United States 97th Congress, Senate Committee on Labor and Human Resources, Subcommittee on Alcoholism and Drug Abuse. Hearing. 21 September 1982. Following the hearings Humphrey wrote an editorial recounting the testimony of experts and warning women not to drink while pregnant. Gordon J. Humphrey, "Preventing Alcohol-Related Birth Defects," UPI, 12 December 1982, LNOS.
85. In New York State the estimated cost of caring for infants born with alcohol-related birth defects in 1978 amounted to $155 million in lifetime care. Sheila B. Blume, "Drinking and Pregnancy: Preventing Fetal Alcohol Syndrome," New York State Journal of Medicine 81 (1981): 92. Elsewhere Blume translates the costs in terms of prevention, noting that preventing a single FAS birth "can save society over $150,000." Sheila B. Blume, What Can You Do to Prevent FAS: A Professional's Guide (Minneapolis, 1992), p. 2. During 1986 hearings before the House Select Committee on Children, Youth and Families, an estimate of $3.236 billion was given for the total costs of FAS to society, including the provision of special services and the loss of productivity. United States 99th Congress, House Select Committee on Children, Youth and Families. Hearings, 21 May 1986.
86. In New York State the estimated cost of caring for infants born with alcohol-related birth defects in 1978 amounted to $155 million in lifetime care. Sheila B. Blume, "Drinking and Pregnancy: Preventing Fetal Alcohol Syndrome," New York State Journal of Medicine 81 (1981): 92. Elsewhere Blume translates the costs in terms of prevention, noting that preventing a single FAS birth "can save society over $150,000." Sheila B. Blume, What Can You Do to Prevent FAS: A Professional's Guide (Minneapolis, 1992), p. 2. During 1986 hearings before the House Select Committee on Children, Youth and Families, an estimate of $3.236 billion was given for the total costs of FAS to society, including the provision of special services and the loss of productivity. United States 99th Congress, House Select Committee on Children, Youth and Families. Hearings, 21 May 1986.
87. See, for example, Kettil Bruun, et al, Alcohol Control Policies in Public Health Perspective (Helsinki, 1975); and Harold D. Holder and Michael D. Stoil, "Beyond Prohibition: The Public Health Approach to Prevention," Alcohol Health and Research World 12 (1988): 292-97.
88. See, for example, Kettil Bruun, et al, Alcohol Control Policies in Public Health Perspective (Helsinki, 1975); and Harold D. Holder and Michael D. Stoil, "Beyond Prohibition: The Public Health Approach to Prevention," Alcohol Health and Research World 12 (1988): 292-97.
89. "Wednesday in the Georgia General Assembly," UPI Regional News, 4 March 1981, LNOS; and Nancy Griffin, "Governor Vetoes Alcohol Warning Signs," UPI Regional News, 20 April 1984, LNOS.
90. "Wednesday in the Georgia General Assembly," UPI Regional News, 4 March 1981, LNOS; and Nancy Griffin, "Governor Vetoes Alcohol Warning Signs," UPI Regional News, 20 April 1984, LNOS.
91. Michael Goodwin, "Council Bill Warns on Drinking During Pregnancy, "New York Times, 16 November 1983, LNOS. Other cities followed. Los Angeles passed a law requiring retailers to post warning signs in 1986. Ted Vollmer, "County OKs Posting of Warnings on Alcohol," Los Angeles Times, 1 October 1986, LNOS.
92. Michael Goodwin, "Council Bill Warns on Drinking During Pregnancy, "New York Times, 16 November 1983, LNOS. Other cities followed. Los Angeles passed a law requiring retailers to post warning signs in 1986. Ted Vollmer, "County OKs Posting of Warnings on Alcohol," Los Angeles Times, 1 October 1986, LNOS.
93. One widely distributed manual was Association for Retarded Citizens, Preventing Fetal Alcohol Syndrome and Other Alcohol Related Birth Defects; Teacher's Manual, High School Edition (Arlington, TX, 1987).
94. Peter Jennings, ABC Evening News, 11 October 1984, VTNA.
95. See, for example, Paula Adams Hillard, "Alcohol and Pregnancy," Parents 59 (March 1984): 122, 124; Judith S. Stem, "Alcohol: Mixed Blessing," Vogue 175 (June 1985): 137, 139; and Betty Watts Carrington and Freda Bush, "Mother-to-be, Baby-to-be," Essence 10 (1984):.
96. See, for example, Paula Adams Hillard, "Alcohol and Pregnancy," Parents 59 (March 1984): 122, 124; Judith S. Stem, "Alcohol: Mixed Blessing," Vogue 175 (June 1985): 137, 139; and Betty Watts Carrington and Freda Bush, "Mother-to-be, Baby-to-be," Essence 10 (1984):.
97. See, for example, Paula Adams Hillard, "Alcohol and Pregnancy," Parents 59 (March 1984): 122, 124; Judith S. Stem, "Alcohol: Mixed Blessing," Vogue 175 (June 1985): 137, 139; and Betty Watts Carrington and Freda Bush, "Mother-to-be, Baby-to-be," Essence 10 (1984):.
98. Ronald Gots, et al, "Having a Baby - 1978," Good Housekeeping 186 (1978): 71.
99. "Drugs and Pregnancy," Good Housekeeping 188 (April 1979): 75. The term "minimal brain dysfunction" was later replaced by "attention deficit disorder."
100. "A Disabled Baby, A Mother With Guilt," New York Times 31 July 1983, LNOS;
101. and Jerry Cheslow, "Remorse Over a 'Drinking Binge,'" New York Times 19 June 1988, LNOS.
102. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol." Additional reasons for passage were industry fears about having to respond to different state labeling requirements - which was a possibility after California passed labeling legislation - and the fact that drug abuse had a high political profile during the 1988 election. The federally-mandated warning label ultimately reflected the interests of the industry insofar as it excluded specific warnings mentioning such things as cancer and liver disease, and because it overrode state-mandated warnings. Leichter, Free to Be Foolish,
103. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol."
104. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol." Additional reasons for passage were industry fears about having to respond to different state labeling requirements - which was a possibility after California passed labeling legislation - and the fact that drug abuse had a high political profile during the 1988 election. The federally-mandated warning label ultimately reflected the interests of the industry insofar as it excluded specific warnings mentioning such things as cancer and liver disease, and because it overrode state-mandated warnings. Leichter, Free to Be Foolish,
105. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol." Additional reasons for passage were industry fears about having to respond to different state labeling requirements - which was a possibility after California passed labeling legislation - and the fact that drug abuse had a high political profile during the 1988 election. The federally-mandated warning label ultimately reflected the interests of the industry insofar as it excluded specific warnings mentioning such things as cancer and liver disease, and because it overrode state-mandated warnings. Leichter, Free to Be Foolish,
106. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol." Additional reasons for passage were industry fears about having to respond to different state labeling requirements - which was a possibility after California passed labeling legislation - and the fact that drug abuse had a high political profile during the 1988 election. The federally-mandated warning label ultimately reflected the interests of the industry insofar as it excluded specific warnings mentioning such things as cancer and liver disease, and because it overrode state-mandated warnings. Leichter, Free to Be Foolish,
107. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol." Additional reasons for passage were industry fears about having to respond to different state labeling requirements - which was a possibility after California passed labeling legislation - and the fact that drug abuse had a high political profile during the 1988 election. The federally-mandated warning label ultimately reflected the interests of the industry insofar as it excluded specific warnings mentioning such things as cancer and liver disease, and because it overrode state-mandated warnings. Leichter, Free to Be Foolish,
108. Public interest and lobbying by health professionals and public support for the measure may have helped to secure passage of the legislation. A Gallup poll indicated that 8 in 10 surveyed favored the legislation and that 75 percent of those questioned favored equal time for health and safety warnings on broadcast advertisements for alcoholic beverages - an issue Congress would later begin to study. Joyce Barrett, [untitled] States News Service, 21 April 1988, LNOS. Passage of the law, some suggest, occurred with the tacit support of the alcoholic beverages industry, which potentially stood to be exempted from state tort liability claims because of a court ruling that federally mandated cigarette labeling preempted state court actions. In the Cippolone case, a federal court determined that the requirement of a warning label under federal law preempted state court claims by individuals against cigarette manufacturers. As a result, alcoholic beverage manufacturers might have been advised that they could benefit similarly from a federally imposed duty to warn. Until internal documents from the beverage manufacturers are made available, it will be impossible to determine if manufacturers indeed chose this approach and ceased opposing the labeling act. On the Cippolone ruling and its influence on the Alcoholic Beverages Labeling Act see Eileen N. Wagner, "The Alcoholic Beverages Labeling Act of 1988, A Preemptive Shield Against Fetal Alcohol Syndrome Claims?" Journal of Legal Medicine 12 (June 1991): 167-200; Carter H. Dukes, "Comment: Alcohol Manufacturers and the Duty to Warn: An Analysis of Recent Case Law in Light of the Alcoholic Beverage Labeling Act of 1988," Emory Law Journal 38 (1989): 1189-1221; Rhondetta Goble, "Fetal Alcohol Syndrome: Liability for Failure to Warn - Should Liquor Manufacturers Pick Up the Tab," Journal of Family Law 28 (1989-90): 71-85; and Clarke E. Khoury, "Warning Labels May Be Hazardous To Your Health: Common-Law and Statutory Responses to Alcoholic Beverage Manufacturers' Duty to Warn," Cornell Law Review 75 (1989-90): 158-191. Subsequent legislative efforts regarding FAS are summarized in Kathleen Stratten, Cynthia Howe and Frederick Battaglia, eds., Fetal Alcohol Syndrome: Diagnosis, Epidemiology, Prevention and Treatment (Washington, D.C., 1996), pp. 24-25, Table 1-2 "Congressional Bills Related to Fetal Alcohol Syndrome (FAS) or Women and Alcohol." Additional reasons for passage were industry fears about having to respond to different state labeling requirements - which was a possibility after California passed labeling legislation - and the fact that drug abuse had a high political profile during the 1988 election. The federally-mandated warning label ultimately reflected the interests of the industry insofar as it excluded specific warnings mentioning such things as cancer and liver disease, and because it overrode state-mandated warnings. Leichter, Free to Be Foolish,
109. "Birth Certificates as a Source for Fetal Alcohol Syndrome Case Ascertainment - Georgia, 1989-1992," Mortality and Morbidity Weekly Report 44 (1995): 251-53.
110. "Update: Trends in Fetal Alcohol Syndrome - United States, 1979-1993" Mortality and Morbidity Weekly Report 44 (1995): 249-51; "More Pregnant Women Abstain From Liquor," New York Times 16 January 1984, LNOS; B. Bower, "Alcohol Abuse Grows Among Pregnant Poor," Science News 136 (7 October 1989): 230; and Mary Serdula, et al, "Trends in Alcohol Consumption by Pregnant Women, 1985 through 1988," Journal of the American Medical Association 265 (1991): 876-879. Contradictory evidence suggesting that alcohol use in pregnancy was higher among employed women with 16 or more years of education was reported at a later date. U.S. Dept of Health and Human Services, National Institute on Drug Abuse, National Pregnancy and Health Survey: Drug Use Among Women Delivering Livebirths, 1992 (Rockville, MD, 1996), p. 10
111. "Update: Trends in Fetal Alcohol Syndrome - United States, 1979-1993" Mortality and Morbidity Weekly Report 44 (1995): 249-51; "More Pregnant Women Abstain From Liquor," New York Times 16 January 1984, LNOS; B. Bower, "Alcohol Abuse Grows Among Pregnant Poor," Science News 136 (7 October 1989): 230; and Mary Serdula, et al, "Trends in Alcohol Consumption by Pregnant Women, 1985 through 1988," Journal of the American Medical Association 265 (1991): 876-879. Contradictory evidence suggesting that alcohol use in pregnancy was higher among employed women with 16 or more years of education was reported at a later date. U.S. Dept of Health and Human Services, National Institute on Drug Abuse, National Pregnancy and Health Survey: Drug Use Among Women Delivering Livebirths, 1992 (Rockville, MD, 1996), p. 10
112. "Update: Trends in Fetal Alcohol Syndrome - United States, 1979-1993" Mortality and Morbidity Weekly Report 44 (1995): 249-51; "More Pregnant Women Abstain From Liquor," New York Times 16 January 1984, LNOS; B. Bower, "Alcohol Abuse Grows Among Pregnant Poor," Science News 136 (7 October 1989): 230; and Mary Serdula, et al, "Trends in Alcohol Consumption by Pregnant Women, 1985 through 1988," Journal of the American Medical Association 265 (1991): 876-879. Contradictory evidence suggesting that alcohol use in pregnancy was higher among employed women with 16 or more years of education was reported at a later date. U.S. Dept of Health and Human Services, National Institute on Drug Abuse, National Pregnancy and Health Survey: Drug Use Among Women Delivering Livebirths, 1992 (Rockville, MD, 1996), p. 10
113. "Update: Trends in Fetal Alcohol Syndrome - United States, 1979-1993" Mortality and Morbidity Weekly Report 44 (1995): 249-51; "More Pregnant Women Abstain From Liquor," New York Times 16 January 1984, LNOS; B. Bower, "Alcohol Abuse Grows Among Pregnant Poor," Science News 136 (7 October 1989): 230; and Mary Serdula, et al, "Trends in Alcohol Consumption by Pregnant Women, 1985 through 1988," Journal of the American Medical Association 265 (1991): 876-879. Contradictory evidence suggesting that alcohol use in pregnancy was higher among employed women with 16 or more years of education was reported at a later date. U.S. Dept of Health and Human Services, National Institute on Drug Abuse, National Pregnancy and Health Survey: Drug Use Among Women Delivering Livebirths, 1992 (Rockville, MD, 1996), p. 10
114. "Update: Trends in Fetal Alcohol Syndrome - United States, 1979-1993" Mortality and Morbidity Weekly Report 44 (1995): 249-51; "More Pregnant Women Abstain From Liquor," New York Times 16 January 1984, LNOS; B. Bower, "Alcohol Abuse Grows Among Pregnant Poor," Science News 136 (7 October 1989): 230; and Mary Serdula, et al, "Trends in Alcohol Consumption by Pregnant Women, 1985 through 1988," Journal of the American Medical Association 265 (1991): 876-879. Contradictory evidence suggesting that alcohol use in pregnancy was higher among employed women with 16 or more years of education was reported at a later date. U.S. Dept of Health and Human Services, National Institute on Drug Abuse, National Pregnancy and Health Survey: Drug Use Among Women Delivering Livebirths, 1992 (Rockville, MD, 1996), p. 10
115. "U.S. Senate Unanimously Approves Alcohol Warning Labels," P.R. Newswire, 17 October 1988, LNOS.
116. Section 4022A Restatement (Second) of Torts contains the "good whiskey" statement. Courts ruled that a jury could hear Hon v. Stroh brought by the widow of a 26-year old man who died of pancreatitis induced by heavy beer consumption because the public did not understand that alcohol consumption could result in pancreatic disease. A second case, Brune v. Brown Forman Corp., regarding the death of an 18 year old woman from acute alcohol poisoning after consuming a bottle of tequila, was also permitted to proceed to trial. In 1992 the plaintiffs were awarded $1.5 million. Texas County 214th Jud. Dist. Ct., No 85-5537-F (9-92) These cases are discussed in Wagner, "Alcoholic Beverages Labeling Act."
117. The other cases were Howard v. Potter Distilleries, Inc.; Anheuser-Busch Inc.; Stroh Brewery Co.; California Cooler Co.; and Penn v. Heublein Inc.; Heileman Brewing Co. See also: "Product Liability: Who Injured This Child?" Time 123 (6 May 1989): 71; and "Distillers and Breweries Face Law Suits on Birth Defects," New York Times 6 December 1987, LNOS; and Andrew Blum, "Alcohol Marketing Under Attack: Must Drinkers Be Warned of Risks?" National Law Journal (6 September 1988): 3.
118. The other cases were Howard v. Potter Distilleries, Inc.; Anheuser-Busch Inc.; Stroh Brewery Co.; California Cooler Co.; and Penn v. Heublein Inc.; Heileman Brewing Co. See also: "Product Liability: Who Injured This Child?" Time 123 (6 May 1989): 71; and "Distillers and Breweries Face Law Suits on Birth Defects," New York Times 6 December 1987, LNOS; and Andrew Blum, "Alcohol Marketing Under Attack: Must Drinkers Be Warned of Risks?" National Law Journal (6 September 1988): 3.
119. The other cases were Howard v. Potter Distilleries, Inc.; Anheuser-Busch Inc.; Stroh Brewery Co.; California Cooler Co.; and Penn v. Heublein Inc.; Heileman Brewing Co. See also: "Product Liability: Who Injured This Child?" Time 123 (6 May 1989): 71; and "Distillers and Breweries Face Law Suits on Birth Defects," New York Times 6 December 1987, LNOS; and Andrew Blum, "Alcohol Marketing Under Attack: Must Drinkers Be Warned of Risks?" National Law Journal (6 September 1988): 3.
120. Jones is quoted in Jim Schachter, "Criminal Penalty for Mothers Wrong, Experts Say," Los Angeles Times, 22 October 1986, LNOS. A representative of the wine industry responded to this and to the call for a bottle labeling bill and for moving jurisdiction from the BATF to the FDA with the apt comment: "What we have here is the politicization of the fetal alcohol syndrome issue." Jones' testimony in the Throp trial is discussed in Stephanie Nichols, "Doctor Blames Alcohol for Boy's Birth Defects," UPI Regional News, 25 April 1989, LNOS.
121. Jones is quoted in Jim Schachter, "Criminal Penalty for Mothers Wrong, Experts Say," Los Angeles Times, 22 October 1986, LNOS. A representative of the wine industry responded to this and to the call for a bottle labeling bill and for moving jurisdiction from the BATF to the FDA with the apt comment: "What we have here is the politicization of the fetal alcohol syndrome issue." Jones' testimony in the Throp trial is discussed in Stephanie Nichols, "Doctor Blames Alcohol for Boy's Birth Defects," UPI Regional News, 25 April 1989, LNOS.
122. Harold Thorp, the boy's father, proved equally unsympathetic to jurors. A sixty-five year old alcoholic, he had met his future wife in a bar just a month before their marriage. See Andrew Wolfson, "Birth-Defect Suits May Spell Trouble for Liquor Industry," Courier Journal 24 April 1989, LNOS; Nichols, "Doctor Blames Alcohol;" and Joni H. Blackman, "A First-Of-Its-Kind Case Looks at Who Should Pay Price for Mother's Drinking," Los Angeles Times 4 May 1989, LNOS.
123. Harold Thorp, the boy's father, proved equally unsympathetic to jurors. A sixty-five year old alcoholic, he had met his future wife in a bar just a month before their marriage. See Andrew Wolfson, "Birth-Defect Suits May Spell Trouble for Liquor Industry," Courier Journal 24 April 1989, LNOS; Nichols, "Doctor Blames Alcohol;" and Joni H. Blackman, "A First-Of-Its-Kind Case Looks at Who Should Pay Price for Mother's Drinking," Los Angeles Times 4 May 1989, LNOS.
124. Harold Thorp, the boy's father, proved equally unsympathetic to jurors. A sixty-five year old alcoholic, he had met his future wife in a bar just a month before their marriage. See Andrew Wolfson, "Birth-Defect Suits May Spell Trouble for Liquor Industry," Courier Journal 24 April 1989, LNOS; Nichols, "Doctor Blames Alcohol;" and Joni H. Blackman, "A First-Of-Its-Kind Case Looks at Who Should Pay Price for Mother's Drinking," Los Angeles Times 4 May 1989, LNOS.
125. Stephanie Nichols, "Mother Says She Would Have Quit Drinking for Baby's Sake," April 28, 1989 UPI Regional News, LNOS; and Blackman, "A First-Of-Its-Kind Case."
126. Stephanie Nichols, "Mother Says She Would Have Quit Drinking for Baby's Sake," April 28, 1989 UPI Regional News, LNOS; and Blackman, "A First-Of-Its-Kind Case."
127. Timothy Egan, "A Worried Liquor Industry Readies for Birth-Defect Suit," New York Times 21 April 1989, LNOS. A social psychologist also testified that alcoholics would not be deterred by warning labels. Stephanie Nichols, "Expert Testifies that Heavy Drinkers Would Ignore Warning Labels," 8 May 1989, UPI Regional News, LNOS.
128. Timothy Egan, "A Worried Liquor Industry Readies for Birth-Defect Suit," New York Times 21 April 1989, LNOS. A social psychologist also testified that alcoholics would not be deterred by warning labels. Stephanie Nichols, "Expert Testifies that Heavy Drinkers Would Ignore Warning Labels," 8 May 1989, UPI Regional News, LNOS.
129. Terry Finn, "Jury finds Distiller Not Negligent for Birth Defects," 17 May 1989, UPI Regional News, LNOS.
130. Clarence D. Coleman and Janice S. Vaughn, "Medical and Social Constraints to Preventing the Fetal Alcohol Syndrome," Urban Health 10 (1981): 36.
131. Finn, "Jury finds Distiller Not Negligent."
132. Blackman, "A First-of-a-Kind Case;" and Nichols, "Doctor Blames Alcohol."
133. Blackman, "A First-of-a-Kind Case;" and Nichols, "Doctor Blames Alcohol."
134. On an episode of the television show 20/20 Dorris read excerpts from some of the over 1000 letters he had received from others who had children with FAS. The segment also featured an interview with a woman who figured out her child's condition after reading The Broken Cord. Hugh Downs and Barbara Walters, 20/20 ABC News, [Transcript] 27 November 1992, LNOS.
135. Charles Trueheart, "Marriage for Better or Words: The Dorris-and-Erdrich Team, Creating Fiction Without Friction," Washington Post, 19 October 1988, LNOS. Similar sentiments were expressed in the television broadcast "Bill Moyers' World of Ideas: The Broken Cord with Louise Erdrich and Michael Dorris," [video] (Public Broadcasting System, 1977).
136. Trueheart, "Marriage for Better or Words," and Deirdre Donahue, "Alcohol and the Unborn: An Adoptive Dad Pours Out the Anguish: Even Love Can't Undo Early Damage," USA Today, 8 August 1989, LNOS.
137. Trueheart, "Marriage for Better or Words," and Deirdre Donahue, "Alcohol and the Unborn: An Adoptive Dad Pours Out the Anguish: Even Love Can't Undo Early Damage," USA Today, 8 August 1989, LNOS.
138. Mervyn Rothstein, "Louise Erdrich, Partner in a Conspiracy to Write," New York Times, 13 October 1986, LNOS.
139. "Leading Major Congenital Malformations Among Minority Groups in the United States, 1981-1986," Journal of the American Medical Association 261 (1989): 205-9. FAS was not among the top 15 causes of congenital defects for Hispanics or Asians and no rate was given for these categories. For additional findings on the high rates of FAS in Native American communities, see C. Duimstra, et al "A Fetal Alcohol Syndrome Surveillance Pilot Project in American Indian Communities in the Northern Plains," Public Health Reports 108 (1993): 225-29. The highest reported rate of FAS was in northern France. See Dehaene, "Le Syndrome d'Alcoolisme," p. 156.
140. "Leading Major Congenital Malformations Among Minority Groups in the United States, 1981-1986," Journal of the American Medical Association 261 (1989): 205-9. FAS was not among the top 15 causes of congenital defects for Hispanics or Asians and no rate was given for these categories. For additional findings on the high rates of FAS in Native American communities, see C. Duimstra, et al "A Fetal Alcohol Syndrome Surveillance Pilot Project in American Indian Communities in the Northern Plains," Public Health Reports 108 (1993): 225-29. The highest reported rate of FAS was in northern France. See Dehaene, "Le Syndrome d'Alcoolisme," p. 156.
141. "Leading Major Congenital Malformations Among Minority Groups in the United States, 1981-1986," Journal of the American Medical Association 261 (1989): 205-9. FAS was not among the top 15 causes of congenital defects for Hispanics or Asians and no rate was given for these categories. For additional findings on the high rates of FAS in Native American communities, see C. Duimstra, et al "A Fetal Alcohol Syndrome Surveillance Pilot Project in American Indian Communities in the Northern Plains," Public Health Reports 108 (1993): 225-29. The highest reported rate of FAS was in northern France. See Dehaene, "Le Syndrome d'Alcoolisme," p. 156.
142. Nancy Butterfield, "Native Perspectives," Gannett News Service, 7 December 1979, LNOS, makes this point, noting the NBC series on the Pine Ridge reservation, the Albuquerque Journal's series "Drunk City, USA," and the Philadelphia Inquirer series, "Defeat at Standing Rock."
143. Drew Humphries, Crack Mothers: Pregnancy, Drugs and the Media (Columbus, 1999). Television coverage of maternal cocaine and/or crack use peaked in the years from 1988 to 1991. Drew Humphries, "Crack Mothers at Six: Prime-time News, Crack/Cocaine, and Women," Violence Against Women 4 (1998): 54-61.
144. Drew Humphries, Crack Mothers: Pregnancy, Drugs and the Media (Columbus, 1999). Television coverage of maternal cocaine and/or crack use peaked in the years from 1988 to 1991. Drew Humphries, "Crack Mothers at Six: Prime-time News, Crack/Cocaine, and Women," Violence Against Women 4 (1998): 54-61.
145. "An American Tragedy," Boston Globe 22 July 1989, LNOS
146. A critical rejection of the disease model came in 1988 when the Supreme Court held in Traynor v Turnage and McKelvey v Turnage that the Veterans Administration (VA) could deny educational benefits to two men who failed to use them during the ten years allotted to them for this purpose. The men claimed their alcoholism prevented them from using the benefits and wanted their access to them restored; the VA defined their alcoholism as "willful misconduct." Robert Cooke, "A Disease or Not?: Since the High Court's New Ruling, Shrill Debate Has Erupted Over Alcoholism: Are Drinkers Bad or Sick, Culprits or Victims?" Newsday, 3 May 1988, LNOS. Subsequent rejections of the disease model included the 1990 Americans with Disabilities Act (ADA), which offered limited rights to recovering alcoholics, but amended the 1979 amendment of the Rehabilitation Act of 1973 to deny protections to those who did not overcome their addiction. See "Groups Waging Last-Ditch Battle for Rights of Addicts and Alcoholics," Alcoholism and Drug Abuse Week 1 (October 1989): 1, LNOS; and "Bush Expected to Sign Bill Preserving Recovering Persons' Rights: Americans with Disabilities Act," Alcoholism and Drug Abuse Week 2 (July 1990): 27, LNOS.
147. A critical rejection of the disease model came in 1988 when the Supreme Court held in Traynor v Turnage and McKelvey v Turnage that the Veterans Administration (VA) could deny educational benefits to two men who failed to use them during the ten years allotted to them for this purpose. The men claimed their alcoholism prevented them from using the benefits and wanted their access to them restored; the VA defined their alcoholism as "willful misconduct." Robert Cooke, "A Disease or Not?: Since the High Court's New Ruling, Shrill Debate Has Erupted Over Alcoholism: Are Drinkers Bad or Sick, Culprits or Victims?" Newsday, 3 May 1988, LNOS. Subsequent rejections of the disease model included the 1990 Americans with Disabilities Act (ADA), which offered limited rights to recovering alcoholics, but amended the 1979 amendment of the Rehabilitation Act of 1973 to deny protections to those who did not overcome their addiction. See "Groups Waging Last-Ditch Battle for Rights of Addicts and Alcoholics," Alcoholism and Drug Abuse Week 1 (October 1989): 1, LNOS; and "Bush Expected to Sign Bill Preserving Recovering Persons' Rights: Americans with Disabilities Act," Alcoholism and Drug Abuse Week 2 (July 1990): 27, LNOS.
148. A critical rejection of the disease model came in 1988 when the Supreme Court held in Traynor v Turnage and McKelvey v Turnage that the Veterans Administration (VA) could deny educational benefits to two men who failed to use them during the ten years allotted to them for this purpose. The men claimed their alcoholism prevented them from using the benefits and wanted their access to them restored; the VA defined their alcoholism as "willful misconduct." Robert Cooke, "A Disease or Not?: Since the High Court's New Ruling, Shrill Debate Has Erupted Over Alcoholism: Are Drinkers Bad or Sick, Culprits or Victims?" Newsday, 3 May 1988, LNOS. Subsequent rejections of the disease model included the 1990 Americans with Disabilities Act (ADA), which offered limited rights to recovering alcoholics, but amended the 1979 amendment of the Rehabilitation Act of 1973 to deny protections to those who did not overcome their addiction. See "Groups Waging Last-Ditch Battle for Rights of Addicts and Alcoholics," Alcoholism and Drug Abuse Week 1 (October 1989): 1, LNOS; and "Bush Expected to Sign Bill Preserving Recovering Persons' Rights: Americans with Disabilities Act," Alcoholism and Drug Abuse Week 2 (July 1990): 27, LNOS.
149. For the legal construction see Burton IV, Charles Robert, "Fetal Drug or Alcohol Addiction Syndrome: A Case of Prenatal Child Abuse?" Willamette Law Review 25 (1989): 223-242. On the link between fetal abuse and fetal alcohol syndrome see Jean Reith Schroedel and Paul Peretz, "A Gender Analysis of Policy Formation: The Case of Fetal Abuse," Journal of Health Politics, Policy and Law 19 (1994): 335-360; and Helen Keane, "The Toxic Womb: Fetal Alcohol Syndrome, Alcoholism, and the Female Body," Australian Feminist Studies 11 (1996): 263-275.
150. For the legal construction see Burton IV, Charles Robert, "Fetal Drug or Alcohol Addiction Syndrome: A Case of Prenatal Child Abuse?" Willamette Law Review 25 (1989): 223-242. On the link between fetal abuse and fetal alcohol syndrome see Jean Reith Schroedel and Paul Peretz, "A Gender Analysis of Policy Formation: The Case of Fetal Abuse," Journal of Health Politics, Policy and Law 19 (1994): 335-360; and Helen Keane, "The Toxic Womb: Fetal Alcohol Syndrome, Alcoholism, and the Female Body," Australian Feminist Studies 11 (1996): 263-275.
151. For the legal construction see Burton IV, Charles Robert, "Fetal Drug or Alcohol Addiction Syndrome: A Case of Prenatal Child Abuse?" Willamette Law Review 25 (1989): 223-242. On the link between fetal abuse and fetal alcohol syndrome see Jean Reith Schroedel and Paul Peretz, "A Gender Analysis of Policy Formation: The Case of Fetal Abuse," Journal of Health Politics, Policy and Law 19 (1994): 335-360; and Helen Keane, "The Toxic Womb: Fetal Alcohol Syndrome, Alcoholism, and the Female Body," Australian Feminist Studies 11 (1996): 263-275.
152. Michael Dorris, The Broken Cord (New York, 1989), p. 165.
153. Dorris, The Broken Cord, p. xvii.
154. Christine Robb, "Mending the Broken Cord: Michael Dorris Talks of His Afflicted Son's Struggles," Boston Globe, 10 August 1989, LNOS.
155. Michael Dorris, "Fetal Alcohol Syndrome; The Sobering Facts About the Nation's Number One Preventable Birth Defect," Parents 65 (November 1990): 240.
156. Michael Dorris, "A Desperate Crack Legacy," Newsweek 115 (25 June 1990): 8
157. Humphries, Crack Mothers.
158. Marney Rich, "A Question of Rights Birth and Death Decisions Put Women in the Middle of Legal Conflict," Chicago Tribune, 18 September 1988, LNOS.
159. Mary Ann Theiss, "Legal Issues and the Rights of Infants and Children," in Keeta DeStefano Lewis, ed., Infants and Children with Prenatal Alcohol and Drug Exposure: A Guide to Identification and Intervention (North Branch, MN, 1995) p. 335.
160. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
161. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
162. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
163. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
164. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
165. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
166. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
167. Dawn E. Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (1986): 599-625; Judith Kahn, "Of Woman's First Disobedience: Forsaking a Duty of Care to Her Fetus - Is this a Crime?" Brooklyn Law Review 53 (1987): 807-43; Molly McNulty, "Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to their Fetuses," New York University Review of Law and Social Change 16 (1988): 277-319; Kathleen Nolan, "Protecting Fetuses from Prenatal Hazards: Whose Crimes? What Punishment," Criminal Justice Ethics 9 (1990): 13-23; Paul A. Logli, "Drugs in the Womb: The Newest Battlefield in the War on Drugs," Criminal Justice Ethics 9 (1990): 23-9; Wendy K. Mariner, Leonard H. Glantz, George J. Annas, "Pregnancy, Drugs, and the Perils of Persecution," Criminal Justice Ethics 9 (1990): 30-41; Lynn M. Paltrow, "When Becoming Pregnant is a Crime," Criminal Justice Ethics 9 (1990): 41-7; Phillip E. Johnson, "The ACLU Philosophy and the Right to Abuse the Unborn," Criminal Justice Ethics 9 (1990): 48-51.
168. See, for example, Patricia A. King, "The Judicial Status of the Fetus: A Proposal for Legal Protection of the Unborn," Michigan Law Review 77 (1979): 1647-87; Gerard M. Bambrick, "Developing Maternal Liability Standards for Prenatal Injury," St. John's Law Review 61 (1986-87): 592-614. Bambrick argued that while women who ingested excessive amounts of alcohol could be held criminally liable, it was less certain whether occasional drinking would give rise to criminal liability.
169. See, for example, Patricia A. King, "The Judicial Status of the Fetus: A Proposal for Legal Protection of the Unborn," Michigan Law Review 77 (1979): 1647-87; Gerard M. Bambrick, "Developing Maternal Liability Standards for Prenatal Injury," St. John's Law Review 61 (1986-87): 592-614. Bambrick argued that while women who ingested excessive amounts of alcohol could be held criminally liable, it was less certain whether occasional drinking would give rise to criminal liability.
170. Joan Beck, "Womb Not a Haven for the Babies of Women Who Drink," Chicago Tribune, 8 February 1990, LNOS; and "Woman Once Charged With Abuse of Fetus Gives Birth," UPI, 18 June 1990, LNOS.
171. Joan Beck, "Womb Not a Haven for the Babies of Women Who Drink," Chicago Tribune, 8 February 1990, LNOS; and "Woman Once Charged With Abuse of Fetus Gives Birth," UPI, 18 June 1990, LNOS.
172. Connie Chung, CBS Evening News, 4 August 1992, VTNA.
173. For a debate on the case, see Nancy Grace and Timothy Lynch, "At Issue: Individual Rights, Is the Prosecution of 'Fetal Endangerment' Illegitimate?" American Bar Association Journal 82 (December 1996): 72-73. For other cases, see Joan Little, "Woman Jailed After Baby is Born Intoxicated . . . Charges May Be First in Missouri, Officials Say," St. Louis Post-Dispatch, 26 November 1991, LNOS; and Mark Hayward, "Bail Requirements Hit in Unborn Child Case. Facts on Mothers Who Drink During Pregnancy," Union Leader (Manchester, NH), 15 August 1996, LNOS.
174. For a debate on the case, see Nancy Grace and Timothy Lynch, "At Issue: Individual Rights, Is the Prosecution of 'Fetal Endangerment' Illegitimate?" American Bar Association Journal 82 (December 1996): 72-73. For other cases, see Joan Little, "Woman Jailed After Baby is Born Intoxicated . . . Charges May Be First in Missouri, Officials Say," St. Louis Post-Dispatch, 26 November 1991, LNOS; and Mark Hayward, "Bail Requirements Hit in Unborn Child Case. Facts on Mothers Who Drink During Pregnancy," Union Leader (Manchester, NH), 15 August 1996, LNOS.
175. For a debate on the case, see Nancy Grace and Timothy Lynch, "At Issue: Individual Rights, Is the Prosecution of 'Fetal Endangerment' Illegitimate?" American Bar Association Journal 82 (December 1996): 72-73. For other cases, see Joan Little, "Woman Jailed After Baby is Born Intoxicated . . . Charges May Be First in Missouri, Officials Say," St. Louis Post-Dispatch, 26 November 1991, LNOS; and Mark Hayward, "Bail Requirements Hit in Unborn Child Case. Facts on Mothers Who Drink During Pregnancy," Union Leader (Manchester, NH), 15 August 1996, LNOS.
176. On the question of civil commitment of alcoholic women, see James M. Wilton, "Compelled Hospitalization and Treatment During Pregnancy: Mental Health Statutes as Models for Legislation to Protect Children from Prenatal Drug and Alcohol Exposure," Family Law Quarterly 25 (Summer, 1991): 149-70; and Jan L. Holmgren, "Legal Accountability and Fetal Alcohol Syndrome: When Fixing the Blame Doesn't Fix the Problem," South Dakota Law Review 36 (1991): 81-103. For cases in which alcoholic parents had their parental rights terminated, see Janet L. Dolgin, "The Law's Response to Parental Alcohol and 'Crack' Abuse," Brooklyn Law Review 56 (1991): 1213-68; and Rosemary Shaw Sackett, "Terminating Parental Rights of the Handicapped," Family Law Quarterly 25 (1991): 253-98.
177. On the question of civil commitment of alcoholic women, see James M. Wilton, "Compelled Hospitalization and Treatment During Pregnancy: Mental Health Statutes as Models for Legislation to Protect Children from Prenatal Drug and Alcohol Exposure," Family Law Quarterly 25 (Summer, 1991): 149-70; and Jan L. Holmgren, "Legal Accountability and Fetal Alcohol Syndrome: When Fixing the Blame Doesn't Fix the Problem," South Dakota Law Review 36 (1991): 81-103. For cases in which alcoholic parents had their parental rights terminated, see Janet L. Dolgin, "The Law's Response to Parental Alcohol and 'Crack' Abuse," Brooklyn Law Review 56 (1991): 1213-68; and Rosemary Shaw Sackett, "Terminating Parental Rights of the Handicapped," Family Law Quarterly 25 (1991): 253-98.
178. On the question of civil commitment of alcoholic women, see James M. Wilton, "Compelled Hospitalization and Treatment During Pregnancy: Mental Health Statutes as Models for Legislation to Protect Children from Prenatal Drug and Alcohol Exposure," Family Law Quarterly 25 (Summer, 1991): 149-70; and Jan L. Holmgren, "Legal Accountability and Fetal Alcohol Syndrome: When Fixing the Blame Doesn't Fix the Problem," South Dakota Law Review 36 (1991): 81-103. For cases in which alcoholic parents had their parental rights terminated, see Janet L. Dolgin, "The Law's Response to Parental Alcohol and 'Crack' Abuse," Brooklyn Law Review 56 (1991): 1213-68; and Rosemary Shaw Sackett, "Terminating Parental Rights of the Handicapped," Family Law Quarterly 25 (1991): 253-98.
179. On the question of civil commitment of alcoholic women, see James M. Wilton, "Compelled Hospitalization and Treatment During Pregnancy: Mental Health Statutes as Models for Legislation to Protect Children from Prenatal Drug and Alcohol Exposure," Family Law Quarterly 25 (Summer, 1991): 149-70; and Jan L. Holmgren, "Legal Accountability and Fetal Alcohol Syndrome: When Fixing the Blame Doesn't Fix the Problem," South Dakota Law Review 36 (1991): 81-103. For cases in which alcoholic parents had their parental rights terminated, see Janet L. Dolgin, "The Law's Response to Parental Alcohol and 'Crack' Abuse," Brooklyn Law Review 56 (1991): 1213-68; and Rosemary Shaw Sackett, "Terminating Parental Rights of the Handicapped," Family Law Quarterly 25 (1991): 253-98.
180. American Medical Association, Board of Trustees "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," Journal of the American Medical Association 264 (November 1990): 2663-2670.
181. Joan M. Bengtson, et al, "Managing the Uncomplicated Pregnancy; Includes Related Information on Chorionic Villus Sampling and Bendectin," Patient Care 21 (December 15, 1987): 56. For a further analysis of medical
182. Joan M. Bengtson, et al, "Managing the Uncomplicated Pregnancy; Includes Related Information on Chorionic Villus Sampling and Bendectin," Patient Care 21 (December 15, 1987): 56. For a further analysis of medical liability, see Sandra Bolton, "Maternal Drug Abuse as Child Abuse," Western State University Law Review 15 (1987-88): 281-295.
183. Charles Krauthammer, "Children of Cocaine," Washington Post, 20 July 1989, LNOS. For a recent discussion see Abigail Trafford, "Should Women Who Use Drugs While Pregnant Be Locked Up?" Washington Post, 18 August 1998, LNOS.
184. Charles Krauthammer, "Children of Cocaine," Washington Post, 20 July 1989, LNOS. For a recent discussion see Abigail Trafford, "Should Women Who Use Drugs While Pregnant Be Locked Up?" Washington Post, 18 August 1998, LNOS.
185. Dianne Klein, "Adoption Gone Awry: Psychotic Child Disrupts a Household," Washington Post, 5 January 1988, LNOS; Dianne Klein "Beautiful Little Monica, 8 Years Old, Has a Past She Cannot Escape," Los Angeles Times, 29 May 1988, LNOS; and Marci J. Blank, "Note: Adoption Nightmares Prompt Judicial Recognition of the Tort of Wrongful Adoption: Will New York Follow Suit?" Cardozo Law Review 15 (1994): 1687-1743.
186. Dianne Klein, "Adoption Gone Awry: Psychotic Child Disrupts a Household," Washington Post, 5 January 1988, LNOS; Dianne Klein "Beautiful Little Monica, 8 Years Old, Has a Past She Cannot Escape," Los Angeles Times, 29 May 1988, LNOS; and Marci J. Blank, "Note: Adoption Nightmares Prompt Judicial Recognition of the Tort of Wrongful Adoption: Will New York Follow Suit?" Cardozo Law Review 15 (1994): 1687-1743.
187. Dianne Klein, "Adoption Gone Awry: Psychotic Child Disrupts a Household," Washington Post, 5 January 1988, LNOS; Dianne Klein "Beautiful Little Monica, 8 Years Old, Has a Past She Cannot Escape," Los Angeles Times, 29 May 1988, LNOS; and Marci J. Blank, "Note: Adoption Nightmares Prompt Judicial Recognition of the Tort of Wrongful Adoption: Will New York Follow Suit?" Cardozo Law Review 15 (1994): 1687-1743.
188. Bruce Westfall, "Adoptive Parents Sue State," Columbian, 27 December 1994, LNOS.
189. The term "devil-made-me-do-it defense" was used by Michael Baker, a San Diego police detective and father of one of the victims of Robert Alton Harris. See "Harris Suffered Abuse from Father; Abandoned," Houston Chronicle, 21 April 1992, LNOS.
190. The attorney is quoted in Tony Saavedra, "Killer Harris's Strategy May Catch On; If Fetal-Alcohol Defense Brings Clemency, It May Open the Floodgates," Orange County Register, 14 April 1992, LNOS.
191. "Virginia Executes Man for Murder," New York Times, 21 July 1990, LNOS; and Tim Cox, "Boggs put to Death," UPI, 20 July 1990, LNOS.
192. "Virginia Executes Man for Murder," New York Times, 21 July 1990, LNOS; and Tim Cox, "Boggs put to Death," UPI, 20 July 1990, LNOS.
193. Downs and Walters, 20/20, 27 November, 1992.
194. Robert Elder, Jr. "Disturbing the Peace; When It Comes to Criminal Justice, Texas Is Like a Whole Other Country," Texas Lawyer, 12 May 1997, LNOS. Most of those claiming diminished capacity due to FAS were not making a simultaneous claim to diminished capacity due to mental retardation.
195. The other issues raised in appeal were in regard to legal concerns, including whether pretrial publicity had made for a hostile and prejudicial jury, whether the death penalty process in California was fair, whether there was racial and gender bias in death penalty cases, and whether gas chamber executions were constitutional. For a summary of the case as presented by his attorney, see Charles M. Sevilla, "Commentary: Why the Robert Harris Case Has Taken So Long; Process: The Case Owes Its Long Journey to Several Factors: The Clogged Court System, The Complexity of the Case and the Life-or-Death Nature of the Outcome," Los Angeles Times, 12 April 1992, LNOS. On Harris and FAS see: Alexander Morgan Capron, "Fetal Alcohol and Felony," Hastings Center Report 22 (1992): 28-29. According to Capron, data from the Federal Bureau of Prisons contained information suggesting that Harris was not capable of premeditated killing, a necessary condition for charge on which he was tried.
196. The other issues raised in appeal were in regard to legal concerns, including whether pretrial publicity had made for a hostile and prejudicial jury, whether the death penalty process in California was fair, whether there was racial and gender bias in death penalty cases, and whether gas chamber executions were constitutional. For a summary of the case as presented by his attorney, see Charles M. Sevilla, "Commentary: Why the Robert Harris Case Has Taken So Long; Process: The Case Owes Its Long Journey to Several Factors: The Clogged Court System, The Complexity of the Case and the Life-or-Death Nature of the Outcome," Los Angeles Times, 12 April 1992, LNOS. On Harris and FAS see: Alexander Morgan Capron, "Fetal Alcohol and Felony," Hastings Center Report 22 (1992): 28-29. According to Capron, data from the Federal Bureau of Prisons contained information suggesting that Harris was not capable of premeditated killing, a necessary condition for charge on which he was tried.
197. See, for example, Robert Reinhold, "The Curse of the Statehouse," New York Times, 3 May 1992, LNOS.
198. Dan Morain, "Video Plea Made to Save Harris; Crime: In Tape Sent Out by ACLU, Experts Say the Killer Was Abused As a Child and Has Brain Damage. They Ask Wilson for Clemency," Los Angeles Times, 21 March 1992, LNOS.