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Articles 1 - 9 of 9
Full-Text Articles in Health Law and Policy
The Genetic Privacy Act: A Proposal For National Legislation, Patricia Roche, Leonard H. Glantz, George J. Annas
The Genetic Privacy Act: A Proposal For National Legislation, Patricia Roche, Leonard H. Glantz, George J. Annas
Faculty Scholarship
Privacy is a major issue in medical law, and genetics is a major force in contemporary medical science. Nonetheless, the combination of these two fields has only recently been seen as central to both individual rights and medical progress. Disclosures in June of 1996 that White House officials had wrongly acquired and read FBI files of raw background checks of prominent Republicans reminded Americans that there is no such thing as a completely secure and secret file of personal information. Had these files contained DNA profiles or samples, they would have supplied additional information about the unsuspecting individuals-information that could …
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Faculty Scholarship
When I was invited to give this talk I thought, "I'll just give my standard slide show on death in America." I thought I would just talk about the right to die, something I can do in my sleep, and everybody would be happy. And you probably would, since it's a pretty good speech. I am going to give it at a Pennsylvania Judges Conference in a couple of weeks, and they will like it. But it is not very challenging, either for me or for you. So, what I want to explore with you today is how judges have …
Cowboys, Camels, And The First Amendment: The Fda's Restrictions On Tobacco Advertising, George J. Annas
Cowboys, Camels, And The First Amendment: The Fda's Restrictions On Tobacco Advertising, George J. Annas
Faculty Scholarship
The Marlboro Man and Joe Camel have become public health enemies number one and two, and removing their familiar faces from the gaze of young people has become a goal of President Bill Clinton and his health care officials. The strategy of limiting the exposure of children to tobacco advertisements is based on the fact that almost all regular smokers begin smoking in their teens. This approach is politically possible because most Americans believe that tobacco companies should be prohibited from targeting children in their advertising.
The Promised End: Constitutional Aspects Of Physician-Assisted Suicide, George J. Annas
The Promised End: Constitutional Aspects Of Physician-Assisted Suicide, George J. Annas
Faculty Scholarship
The debate over physician-assisted suicide has dramatically shifted to a discussion of constitutional issues. This spring, within a month of each other, U.S. Circuit Courts of Appeals on both coasts ruled that state prohibitions of assisted suicide are unconstitutional when applied to physicians who prescribe lethal medication for terminally ill, competent adults who wish to end their lives. The Ninth Circuit includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, and the Second Circuit includes New York, Connecticut, and Vermont. Both courts reached the same conclusion but for different legal reasons.
Questing For Grails: Duplicity, Betrayal And Self-Deception Postmodern Medical Research, George J. Annas
Questing For Grails: Duplicity, Betrayal And Self-Deception Postmodern Medical Research, George J. Annas
Faculty Scholarship
Contemporary physicians and scientists often describe their experi-
ments as part of a search for the "Holy Grail." Sometimes this quest is
expressed more specifically, as when the Human Genome Project is de-
scribed as a search for the "Holy Grail of biology."1 This rhetoric sug-
gests that experimental work is holy, God's work, and that the results will
prove miraculous and good for everyone. But this type of blind devotion
produces uncritical action that can ultimately destroy values essential to
human dignity.
The Promised End - Physician-Assisted Suicide And Abortion, George J. Annas
The Promised End - Physician-Assisted Suicide And Abortion, George J. Annas
Faculty Scholarship
The debate over late term intact dilation and evacuation abortions (so-called "partial birth" abortions) has been an uncomfortable one for those in the pro-choice community.' Although the United States Senate narrowly refused to override President Clinton's veto of a bill criminalizing this procedure, many in Congress agreed with Senator Daniel Patrick Moynihan (D-N.Y.) that it was "as close to infanticide as anything I have come upon."2 States have a compelling interest in preventing infanticide that is not contradicted by a woman's constitutional right to decide whether to continue a pregnancy. Similarly, states have a legitimate and perhaps even compelling interest …
Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas
Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas
Faculty Scholarship
1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …
The Politics Of Human-Embryo Research: Avoiding Ethical Gridlock, George J. Annas
The Politics Of Human-Embryo Research: Avoiding Ethical Gridlock, George J. Annas
Faculty Scholarship
[...]abortion is about more than politics; it is fundamentally about ethics, morals, equality, and religion, and how we think about abortion reveals much about how we are likely to think about other life-and-death issues in contemporary American medical practice. Because politics as currently practiced seems so unprincipled, there have been sporadic attempts to redefine abortion-related issues as ethical questions and to set up national panels and advisory groups to examine various practices and make recommendations about their ethics.
The Law And Ethics Of Organ Sales, Keith N. Hylton
The Law And Ethics Of Organ Sales, Keith N. Hylton
Faculty Scholarship
The proposed solutions to my hair supply hypothetical, transfer of property and reliance on altruism, are essentially the only two solutions formally adopted in response to the real world "organ supply" problem.' Because of the shortcomings of these solutions, a number of commentators, myself among them, 2 have suggested the allowance of some limited commerce in body parts. This solution can be seen as a compromise between the extremes of transferring property rights and relying entirely on altruism. Property rights are maintained under the market system because anyone who wants the body part of another must gain the consent of …