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Articles 1 - 16 of 16
Full-Text Articles in Law
Law And Social Change: Bioethics: 2001, Richard Haigh
Law And Social Change: Bioethics: 2001, Richard Haigh
Richard Haigh
Course number 2750C
Are Changes To The Common Rule Necessary To Address Evolving Areas Of Research? A Case Study Focusing On The Human Microbiome Project, Diane Hoffmann, J. Fortenberry, Jacques Ravel
Are Changes To The Common Rule Necessary To Address Evolving Areas Of Research? A Case Study Focusing On The Human Microbiome Project, Diane Hoffmann, J. Fortenberry, Jacques Ravel
Diane Hoffmann
This article examines ways in which research conducted under the Human Microbiome Project, an effort to establish a “reference catalogue” of the micro-organisms present in the human body and determine how changes in those micro-organisms affect health and disease, raise challenging issues for regulation of human subject research. The article focuses on issues related to subject selection and recruitment, group stigma, and informational risks, and explores whether: (1) the Common Rule or proposed changes to the Rule adequately address these issues and (2) the Common Rule is the most appropriate vehicle to provide regulatory oversight and guidance on these topics.
Moral Gridlock: Conceptual Barriers To No-Fault Compensation For Injured Research Subjects, Leslie Henry
Moral Gridlock: Conceptual Barriers To No-Fault Compensation For Injured Research Subjects, Leslie Henry
Leslie Meltzer Henry
The federal regulations that govern biomedical research, most notably those enshrined in the Common Rule, express a protectionist ethos aimed at safeguarding subjects of human experimentation from the potential harms of research participation. In at least one critical way, however, the regulations have always fallen short of this promise: if a subject suffers a research-related injury, then neither the investigator nor the sponsor has any legal obligation under the regulations to care for or compensate the subject. Because very few subjects with research-related injuries can meet the financial or evidentiary requirements associated with a successful legal claim to recover the …
Revising The Common Rule: Prospects And Challenges, Leslie Henry
Revising The Common Rule: Prospects And Challenges, Leslie Henry
Leslie Meltzer Henry
The annual Bioethics and Law Roundtable, jointly sponsored by the Law & Health Care Program at the University of Maryland Francis King Carey School of Law and the Johns Hopkins Berman Institute of Bioethics, convened in April 2012 to address "Human Subjects Research Regulations: Proposals for Reform." This paper serves as the introduction to the seven papers presented at the symposium that discuss the prospects and challenges of revising the Common Rule.
Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns
Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns
Maxwell L. Stearns
Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.
Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns
Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns
Leslie Meltzer Henry
Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.
Ethical Issues In Open Adoption, Frederic Reamer, Deborah Siegel
Ethical Issues In Open Adoption, Frederic Reamer, Deborah Siegel
Deborah H Siegel
Total secrecy and confidentiality no longer typify adoption in the United States. Today, most adoptions involve an exchange of information or some form of contact between the birth family and adoptive family - so-called open adoptions. This article provides a comprehensive overview of ethical issues associated with various forms of open adoption, including issues of privacy, confidentiality, self-determination, paternalism, conflicts of interest, deception, and truthtelling.We present guidelines for social work practice in open adoptions, based on current ethical theory and ethical standards in social work.
Patently Ours? Constitutional Challenges To Dna Patents, Vincent Ling
Patently Ours? Constitutional Challenges To Dna Patents, Vincent Ling
Vincent Y. Ling
This Comment analyzes constitutional issues raised by gene patenting and details how the issues apply to various types of DNA patents. In Association for Molecular Pathology v. U.S. Patent & Trademark Office, the Federal Circuit recently held that genes and DNA sequences are patentable under the federal statute for patent eligible subject matter, 35 U.S.C. § 101, but courts have thus far avoided addressing the constitutional challenges raised by plaintiffs. This Comment confronts those constitutional issues and makes a determination as to their strengths and weaknesses. Moreover, it explores additional constitutional issues that may become more salient over time. Ultimately, …
Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman
Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman
Deborah Hellman
No abstract provided.
Circulatory Arrest In A Brain-Dead Organ Donor: Is The Use Of Cardiac Compression Permissible?, Michael Moreland
Circulatory Arrest In A Brain-Dead Organ Donor: Is The Use Of Cardiac Compression Permissible?, Michael Moreland
Michael P. Moreland
No abstract provided.
Research Governance Lessons From The National Placebo Initiative, Heather Sampson, Charles Weijer, Daryl Pullman
Research Governance Lessons From The National Placebo Initiative, Heather Sampson, Charles Weijer, Daryl Pullman
Charles Weijer
No abstract provided.
Minimal Risk And Large-Scale Biobank And Cohort Research, Timothy Caulfield, Charles Weijer
Minimal Risk And Large-Scale Biobank And Cohort Research, Timothy Caulfield, Charles Weijer
Charles Weijer
No abstract provided.
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian
Maya Manian
In Gonzales v. Carhart, the Supreme Court upheld a federal ban on a type of second-trimester abortion that many physicians believe is safer for their patients. Carhart presented a watershed moment in abortion law, because it marks the Supreme Court’s first use of the anti-abortion movement’s “woman-protective” rationale to uphold a ban on abortion and the first time since Roe v. Wade that the Court denied women a health exception to an abortion restriction. The woman-protective rationale asserts that banning abortion promotes women’s mental health. According to Carhart, the State should make the final decisions about pregnant women’s healthcare, because …
Silence Is Not Always Golden In Medical Decision-Making, Michael Moreland
Silence Is Not Always Golden In Medical Decision-Making, Michael Moreland
Michael P. Moreland
No abstract provided.
Parental Refusal Of Medical Treatment For A Newborn, Michael Moreland
Parental Refusal Of Medical Treatment For A Newborn, Michael Moreland
Michael P. Moreland
No abstract provided.
Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland
Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland
Michael P. Moreland
No abstract provided.