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Full-Text Articles in Law
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Indiana Law Journal
The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …
Human Experimentation In Developing Countries: Improving International Practices By Identifying Vulnerable Populations And Allocating Fair Benefits, Kristen Farrell
Human Experimentation In Developing Countries: Improving International Practices By Identifying Vulnerable Populations And Allocating Fair Benefits, Kristen Farrell
Journal of Health Care Law and Policy
No abstract provided.
Patients And Biobanks, Ellen Wright Clayton
Patients And Biobanks, Ellen Wright Clayton
Villanova Law Review
No abstract provided.
Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry
Alas! Poor Yorick," I Knew Him Ex Utero: The Regulation Of Embryo And Fetal Experimentation And Disposal In England And The United States, Nicolas P. Terry
Vanderbilt Law Review
Replete with analogies drawn to war crimes and expressed fears that the progress of medical science would be halted, the debate over the ethics of human experimentation is nothing if not complex. Nevertheless, in 1978 The Belmont Report was at least able to identify certain generalized ethical principles to guide researchers: "respect for persons," "beneficence," and "justice."' These ethical principles, however, are based ultimately on our perceptions of humanity and personality. Applying these principles to research on fetuses or embryos is fraught with difficulty. Neither of our pluralistic societies has resolved the "separate" debate regarding the appropriate status afforded pre-viable …
Informed Consent And Medical Experimentation, George H. Martin Jr.
Informed Consent And Medical Experimentation, George H. Martin Jr.
IUSTITIA
Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …