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Full-Text Articles in Law

Tissue Tug-Of-War: A Comparison Of International And U.S. Perspectives On The Regulation Of Human Tissue Banks, Lisa C. Edwards Jan 2008

Tissue Tug-Of-War: A Comparison Of International And U.S. Perspectives On The Regulation Of Human Tissue Banks, Lisa C. Edwards

Vanderbilt Journal of Transnational Law

Every day in the United States and around the world, patients and research participants at hospitals and doctors' offices give biological samples, whether in the form of surgically removed cancer tissue or a routine blood sample. Many of these patients are entirely unaware that their tissues were not thrown out as hazardous waste, and instead used by scientists for the development of new drugs and therapies. The courts in the United States in Moore v. Regents of the University of California, Greenberg v. Miami Children's Hospital Research Institute, and most recently Washington University v. Catalona have determined that a patient …


Assessing The Market For Human Reproductive Tissue Alienability: Why Can We Sell Our Eggs But Not Our Livers?, Brenda Reddix-Smalls Jan 2008

Assessing The Market For Human Reproductive Tissue Alienability: Why Can We Sell Our Eggs But Not Our Livers?, Brenda Reddix-Smalls

Vanderbilt Journal of Entertainment & Technology Law

Currently, an unregulated marketplace for assisted reproductive technology exists in the United States. For some people suffering from infertility, the ability to purchase human reproductive tissue, eggs, and sperm yields a maximum benefit when examined in a market context. Buyers, sellers, supply and demand, and technological advances all operate in a robust marketplace to provide the infertile with a supply of human eggs for reproduction with minimum state and federal regulatory control. Conversely, the buying and selling of all other human organs and tissues is prohibited in the United States by several federal statutes. The National Organ Transplant Act (NOTA) …


The Failure Of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts Jan 2008

The Failure Of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts

Vanderbilt Law School Faculty Publications

Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that each patient gets the information she needs to meaningfully consent to medical procedures. Coming of age in the 1970s alongside other important rights movements, informed consent purported to solve medicine's paternalism: doctors too often dictating treatments rather than discussing options. Combating medical paternalism seems a worthwhile goal, given abuses in the past century, but moreover to improve everyday physician-patient encounters. …


Recognizing Our Dangerous Gifts: Applying The Social Model To Individuals With Mental Illness, Rachel Anderson-Watts Jan 2008

Recognizing Our Dangerous Gifts: Applying The Social Model To Individuals With Mental Illness, Rachel Anderson-Watts

Vanderbilt Law School Faculty Publications

Our society and laws allow a space for a multitude of identities and forms of expression. Many kinds of differences are legally protected in various ways, such as differences in race, religion, and gender. Sometimes protection takes the form of requiring social institutions to adapt to the unique needs of certain individuals or groups. Rights for disabled individuals, as exemplified by the Americans with Disabilities Act, rest on the principle that impairment disables because the world is structured around an incompatible model of human ability; not because of a fundamental deficit within the individual. This conception, termed the social model …