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Full-Text Articles in Law
Bodily Integrity And Informed Choice In Times Of War And Terror, George J. Annas
Bodily Integrity And Informed Choice In Times Of War And Terror, George J. Annas
Faculty Scholarship
Law is the dominant force behind American medical ethics, and has been for at least the past half-century. That ' lawyers and judges, rather than physicians, have set the agenda for medical ethics in the United States is a bit surprising to many in the field of medical ethics, but it should not be. Medicine has historically been based on paternalism. The Hippocratic physician was obligated to act in the best interests of the patient-as the physician judged those interests-and to "do no harm." American law, on the other hand, is based on liberty and justice, principles that, among other …
The Right To Health And The Nevirapine Case In South Africa, George J. Annas
The Right To Health And The Nevirapine Case In South Africa, George J. Annas
Faculty Scholarship
Thanks to activists in South Africa, the right to health as a human right has returned to the international stage, just as it was being displaced by economists who see health through the prism of a globalized economy and by politicians who see it as an issue of national security or charity. The current post-apartheid debate in South Africa is not about race but about health, and in this context, the court victory by AIDS activists in the nevirapine case has been termed not only, as stated in one British newspaper, “the greatest defeat for [President Thabo] Mbeki's government” but …
Arbitrage, Bioethics, And Cloning: The Abcs Ofgestating A United National Cloning Convention, George J. Annas
Arbitrage, Bioethics, And Cloning: The Abcs Ofgestating A United National Cloning Convention, George J. Annas
Faculty Scholarship
America's inability to craft a regulatory ethics of abortion has led to a
wild west of unregulated research with human embryos and pregnant
women by our private infertility industry. Because of an "all or nothing"
research mentality, it is becoming increasingly impossible to suggest
outlandish and reckless reproductive research possibilities without seeing
them actually pursued. And if even the wild west seems a bit inhospitable
to particular research goals, such as cloning to produce the genetic duplicate
of an existing person, media darlings like Severino Antinori and Zavos
Panos, and even members of the Raelian cult, clone press conferences
(since …
Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas
Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas
Faculty Scholarship
Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …
Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas
Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas
Faculty Scholarship
In Blindness, Nobel Prize laureate Jos6 Saramago chronicles the quarantining of the first victims of a plague of blindness.1 We meet many people who become blind in Saramago's novel, including an opthamologist, a one-eyed man with an eye patch, and a man born blind. Saramago reminds us that we are all blind in one way or another, and that there are many things about ourselves and our society that we can't or won't see. The quarantine itself turns out to be isolating, inhumane, and degrading; the interred blind being portrayed by themselves and others as pigs, dogs, and "lame crabs." …
Hipaa Regulations: A New Era Of Medical-Record Privacy?, George J. Annas
Hipaa Regulations: A New Era Of Medical-Record Privacy?, George J. Annas
Faculty Scholarship
The new privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) become effective April 14, 2003. This article outlines the implications of the new policy for practicing physicians. The regulations will affect virtually every physician, because they apply to any health care provider who conducts any business electronically, including billing. The regulations require health care providers to provide patients with a privacy notice that informs them who will have access to their records without their explicit consent and about patients' rights to inspect and amend their own records.