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96 Minn. L. Rev. Headnotes 1 (2012)

handle is hein.journals/headnotpan96 and id is 1 raw text is: Reply

A Response to Appleton and Pollak
I. Glenn Cohen & Daniel L. Chent
We view Professor Appleton and Professor Pollak's re-
sponse to our article, Trading-Off Reproductive Technology and
Adoption: Does Subsidizing IVF Decrease Adoption Rates and
Should It Matter?, as complementary in two senses.1 First,
they are extremely generous with their praise for our project,
which is particularly gratifying given how important their own
work has been in the field. Second, and perhaps more im-
portantly, they suggest a number of new tangents and ideas
prompted by our project. We first summarize those contribu-
tions and how we think they fit with our Article. We then very
briefly discuss a few instances where we might characterize
what we have said differently than they do.
Appleton and Pollak add a number of distinct contributions
to what we have said. They nicely suggest that the rhetorical
and legal relationship between embryo adoption and child
adoption is worth further study.2 While one of us has written
extensively about reproductive technologies and the legal and
ethical issues they raise,3 neither in this paper nor in that prior
t Copyright © 2012 by I. Glenn Cohen & Daniel L. Chen.
1. See I. Glenn Cohen & Daniel L. Chen, Trading-Off Reproductive
Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and
Should It Matter?, 95 MINN. L. REV. 485 (2010).
2. Susan Frelich Appleton & Robert A. Pollak, Exploring the Connections
Between Adoption and IVF: Twibling Analyses, 95 MINN. L. REV. HEADNOTES
60, 66-69 (2011), http://www.minnesotalawreview.org/wp-content/uploads/2011/
05/Appleton-PollakPDF.pdf.
3. See, e.g., I. Glenn Cohen, Beyond Best Interests, 96 MINN. L. REV.
(forthcoming 2012) (proposing substitutes for BIRC analysis); I. Glenn Cohen,
Intentional Diminishment, The Non-Identity Problem, and Legal Liability, 60
HASTINGS L.J. 347 (2008) (discussing tort liability for parents who use repro-
ductive technologies to intentionally produce disabled children); I. Glenn Co-
hen, Regulating Reproduction: The Problem with Best Interests, 96 MINN. L.
REV. 423 (forthcoming 2011) (problematizing best-interests-of-the-resulting-
child (BIRC) analysis by examining it within the context of modern reproduc-
tive technologies); I. Glenn Cohen, The Constitution and the Rights Not to Pro-

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