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Full-Text Articles in Law

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes Oct 2011

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …


Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012 Oct 2011

Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Communication And The Pragmatic Condition, Gregory J. Shepherd Oct 2011

Communication And The Pragmatic Condition, Gregory J. Shepherd

Center for the Study of Ethics in Society Papers

Presented March 9, 2011


Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer Jun 2011

Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.


Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society Jun 2011

Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.


The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard Jun 2011

The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.


Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach Jun 2011

Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010


Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa Jun 2011

Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15,2010.


Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011 Apr 2011

Mid-Atlantic Ethics Committee Newsletter, Spring-Summer 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes, Victoria Smith Apold, Jocelyn Downie Jan 2011

Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes, Victoria Smith Apold, Jocelyn Downie

Articles, Book Chapters, & Popular Press

One of the phenomena associated with research is “incidental findings,” that is, unexpected findings made during the research, and outside the scope of the research, which have potential health importance. One underappreciated risk of incidental findings is the potential loss of the research subject's insurability; or if a research subject fails to disclose incidental findings when applying for insurance, the insurance contract may be voidable by the insurer. In this article, we seek to explain the insurability risks associated with incidental findings and to make recommendations for how researchers and research ethics committees should address the issue of disclosure of …


Mid-Atlantic Ethics Committee Newsletter, Winter 2011 Jan 2011

Mid-Atlantic Ethics Committee Newsletter, Winter 2011

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich Jan 2011

Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich

Student Articles and Papers

With the expansion of clinical research in developing countries, there is a need to explain obligations that researchers have to their subjects beyond those required by the study protocol. This paper outlines a model founded on the duty to rescue that provides ethical clarification of the obligations of ancillary care.


Refractory Pain, Existential Suffering, And Palliative Care: Releasing An Unbearable Lightness Of Being, George P. Smith Ii Jan 2011

Refractory Pain, Existential Suffering, And Palliative Care: Releasing An Unbearable Lightness Of Being, George P. Smith Ii

Scholarly Articles

Since the beginning of the hospice movement in 1967, “total pain management” has been the declared goal of hospice care. Palliating the whole person’s physical, psycho-social, and spiritual states or conditions is central to managing the pain which induces suffering. At the end-stage of life, an inextricable component of the ethics of adjusted care requires recognition of a fundamental right to avoid cruel and unusual suffering from terminal illness. This Article urges wider consideration and use of terminal sedation, or sedation until death, as an efficacious palliative treatment and as a reasonable medical procedure in order to safeguard the “right” …


Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii Jan 2011

Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii

Scholarly Articles

No abstract provided.


Preface To Fatal Invention: How Science, Politics, And Big Business Re-Create Race In The Twenty-First Century, Dorothy E. Roberts Jan 2011

Preface To Fatal Invention: How Science, Politics, And Big Business Re-Create Race In The Twenty-First Century, Dorothy E. Roberts

All Faculty Scholarship

Fatal Invention documents the emergence of a new biopolitics in the United States that relies on re-inventing race in biological terms using cutting-edge genomic science and biotechnologies. Some scientists are defining race as a biological category written in our genes, while the biotechnology and pharmaceutical industries convert the new racial science into race-based products, such as race-specific medicines, ancestry tests, and DNA forensics, that incorporate false assumptions of racial difference at the genetic level. The genetic understanding of race calls for technological responses to racial disparities while masking the continuing impact of racism in a supposedly post-racial society. Instead, I …


Plural Constitutionalism And The Pathologies Of American Healthcare, Theodore Ruger Jan 2011

Plural Constitutionalism And The Pathologies Of American Healthcare, Theodore Ruger

All Faculty Scholarship

No abstract provided.


What’S Wrong With Race-Based Medicine?, Dorothy E. Roberts Jan 2011

What’S Wrong With Race-Based Medicine?, Dorothy E. Roberts

All Faculty Scholarship

This article is based on the 2010 Dienard Memorial Lecture on Law and Medicine at University of Minnesota and part of a larger book project, Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-first Century (The New Press, 2011). In June 2005, the Food and Drug Administration approved the first pharmaceutical indicated for a specific race. Its racial label elicited three types of criticism – scientific, commercial, and political. I discuss the first two controversies en route to what I consider the main problem with race-based medicine – its political implications. By claiming that race, a …