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Articles 1 - 30 of 53
Full-Text Articles in Law
Legal Personhood For Artificial Intelligence, Tyler Jaynes
Legal Personhood For Artificial Intelligence, Tyler Jaynes
Tyler Jaynes
Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston
Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston
Sara Langston
Commercial human spaceflight presents an area for engaging novel human activity and objectives, to include space exploration, entertainment, transportation and extraterrestrial resource acquisition. The inherent dangers and lack of scientific and medical certainty involved however raise interrelated questions of ethics, bioethics, law and public policy. This is particularly the case with spaceflight participant (SFP) screening, selection, and commercial human spaceflight activities where regulations are currently silent or lacking. In the absence of established law, ethics can play an important role by informing industry standards, policies and best practices. Understanding the fundamental ethical values at stake in the application of new …
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
O. Carter Snead
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …
The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead
O. Carter Snead
The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead
Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead
O. Carter Snead
The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …
Public Bioethics And The Bush Presidency, O. Carter Snead
Public Bioethics And The Bush Presidency, O. Carter Snead
O. Carter Snead
Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then offers several assessments …
Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead
Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead
O. Carter Snead
The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But, …
Health Law Reader: An Interdisciplinary Approach, John Robinson, Roberta Berry, Kevin Mcdonnell
Health Law Reader: An Interdisciplinary Approach, John Robinson, Roberta Berry, Kevin Mcdonnell
John H. Robinson
No abstract provided.
Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin
Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin
David M. Smolin
This article will argue that most surrogacy arrangements as currently practiced do constitute the “sale of children” under international law, and hence should not be legally legitimated. Hence, maintaining the core legal norm against the sale of children requires rejecting currently constituted claims of a right to procreate through surrogacy. Given the underlying purpose of all human rights law in maintaining the inherent human dignity of all human beings, a claimed legal right built upon the sale of human beings must be rejected.
The Impact Of Current Policy And Regulation On Future Stem Cell Human Health Applications, Michael J. Malinowski
The Impact Of Current Policy And Regulation On Future Stem Cell Human Health Applications, Michael J. Malinowski
Michael J. Malinowski
No abstract provided.
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith
Christopher R Smith
Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues that …
Ebola And Bioterrorism, Joshua P. Monroe
Ebola And Bioterrorism, Joshua P. Monroe
Joshua P Monroe
This paper will be a comparison of the United States government’s reaction to the recent outbreak of Ebola and will compare this response with the potential response by the United States government toward an act of biological or chemical warfare. The paper will analyze these responses from a cultural, political, legal, and policy standpoint
Gonzales V. Oregon And Physician-Assisted Suicide: Ethical And Policy Issues, Ken Levy
Gonzales V. Oregon And Physician-Assisted Suicide: Ethical And Policy Issues, Ken Levy
Ken Levy
No abstract provided.
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Charles H. Baron
In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles H. Baron
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles H. Baron
Charles H. Baron
The litigation to protect Jehovah’s Witnesses from unwanted blood transfusions, which their theology considers a violation of the biblical prohibition against drinking blood, has produced important changes in both the right to refuse treatment and in the preferred treatment methods of all patients. This article traces the evolution of the rights of competent medical patients in the United States to refuse medical treatment. It also discusses the impact this litigation has had on the medical community’s realization that blood transfusions were neither as safe nor as medically necessary as medical culture posited.
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Charles H. Baron
Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.
Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron
Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron
Charles H. Baron
The seven deadly sins of the status quo -- inhumanity, paternalism, Utilitarianism, hypocrisy, lawlessness, injustice, and the deadly risk of error and abuse -- are seven arguments against maintaining the artificial bright-line distinction between the prohibition against assisted suicide and the allowance of patients’ right to refuse life-prolonging treatment. This article calls on courts and legislatures to follow the successful example of the Oregon Death with Dignity statute.
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski
Michael J. Malinowski
All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …
Respecting, Rather Than Reacting To, Race In Biomedical Research: A Response To Professors Caulfield And Mwaria, Michael J. Malinowski
Respecting, Rather Than Reacting To, Race In Biomedical Research: A Response To Professors Caulfield And Mwaria, Michael J. Malinowski
Michael J. Malinowski
This Commentary is part of a colloquy on race-based genetics research.
Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski
Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski
Michael J. Malinowski
No abstract provided.
So-Called "Partial-Birth Abortion" Bans: Bad Medicine? Maybe. Bad Law? Definitely!, Ann Maclean Massie
So-Called "Partial-Birth Abortion" Bans: Bad Medicine? Maybe. Bad Law? Definitely!, Ann Maclean Massie
Ann MacLean Massie
None available.
Roger Douglas Groot: A Personal Memoir, Ann Maclean Massie
Roger Douglas Groot: A Personal Memoir, Ann Maclean Massie
Ann MacLean Massie
No abstract provided.
Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie
Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie
Ann MacLean Massie
No abstract provided.
Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie
Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie
Ann MacLean Massie
No abstract provided.
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
Matthew Rimmer
The venture, 23andMe Inc., raises a host of issues in respect of patent law, policy, and practice in respect of lifestyle genetics and personalised medicine. The company observes: ‘We recognize that the availability of personal genetic information raises important issues at the nexus of ethics, law, and public policy’. 23andMe Inc. has tested the boundaries of patent law, with its patent applications, which cut across information technology, medicine, and biotechnology. The company’s research raises fundamental issues about patentability, especially in light of the litigation in Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories Inc. and Association for Molecular Pathology …
Moral Disengagement Of Medical Providers: Another Clue To The Continued Inadequate Treatment Of Pain, Kelly Dineen
Moral Disengagement Of Medical Providers: Another Clue To The Continued Inadequate Treatment Of Pain, Kelly Dineen
Kelly Dineen
The neglect of treatable pain is an ongoing reality for patients in all health care settings despite decades of research, education, institutional and organizational initiatives and regulatory reform. Most recently the Accountable Care Act and the Institute of Medicine have called for further work to understand and correct the continued inadequate treatment of pain. To date, research has identified a variety of barriers to treatment from educational deficits to biases to regulatory scrutiny with little change in practice. Yet, very little research has addressed the social cognitive mechanisms used by providers who continue to undertreat pain. This article explores the …
Terminal Stress: An Analysis Of Jewish And Common Law Doctrines Related To The Effects Of Stress On Seriously Ill Patients, Martin Hirschprung
Terminal Stress: An Analysis Of Jewish And Common Law Doctrines Related To The Effects Of Stress On Seriously Ill Patients, Martin Hirschprung
martin hirschprung
This essay compares two American legal doctrines -- deathbed bequests and the therapeutic exception to informed consent -- with their Jewish law counterparts in order to contribute to the literature on these doctrines, evaluate recent empirical data and make suggestions concerning the current position of academics and practitioners. In this essay, I will explore the history and theory underlying the laws of delivery for deathbed bequests and the therapeutic exception to informed consent. In order to highlight the principles motivating the common law, I examine the Jewish law’s approach to these doctrines. I posit that Jewish law and common law …
The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian
The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian
Diane Hoffmann
Over a quarter of a century has passed since health care ethics committees (HCECs) in the United States received legal recognition as alternatives to the courts in resolving conflicts related to patient end-of-life care. By the mid to late 1980s HCECs had been established in over half of U.S. hospitals and had received a certain legitimacy in the health care system. Given their age and growth one could characterize them developmentally as emerging from adolescence and establishing themselves in young adult-hood. As a result, we might expect that they would have resolved the identify crisis characterizing the adolescent years. Yet, …
New Frontiers Of Reprogenetics: Snp Profile Collection And Banking And The Resulting Duties In Medical Malpractice, Issues In Property Rights Of Genetic Materials, And Liabilities In Genetic Privacy., Stephanie Sgambati
Stephanie Sgambati
ABSTRACT
Single nucleotide polymorphisms (SNPs) represent the portions of our genetic makeup where human differ from each other. Mapping an individual’s profile creates a DNA fingerprint entirely unique to that individual. The primary purpose for the creation of SNP profiles has been validation of medical techniques used in reproductive medicine that require researchers to be able to definitively determine which embryo makes which baby- thus matching DNA fingerprints from infants to those from embryos. In spite of this seemingly narrow use, the potential value of the information contained in the SNP profile is enormous.
In this paper, I explore how …