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The Exclusion Of Pregnant, Pregnable, And Once-Pregnable People (A.K.A. Women) From Biomedical Research, Vanessa Merton
The Exclusion Of Pregnant, Pregnable, And Once-Pregnable People (A.K.A. Women) From Biomedical Research, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
The barriers to women's participation as subjects in biomedical research are currently being challenged as a matter of legislative policy, medicine, and law. This Article catalogs the ways in which women have been disadvantaged by their exclusion and recent developments to redress them, and goes on to dissect the underlying rationales for excluding women from clinical trials. The author reveals the 'fundamental misconception' behind exclusionary rationales, and argues that research sponsors in fact have more to fear in the way of potential liability from the exclusion of women, even pregnant women and women of child-bearing capacity, than from their inclusion. …
Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman
Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
It is time to consider an alternative approach to organ procurement and allocation -- one that relies on presumed consent to organ donation, combined with incentives which recognize the communal basis of the obligation to donate one's organs after death. Such a system must provide numerous opportunities for “opting out” of donation in order to promote individual autonomy and use economic and eleemosynary incentives for persons to contribute their organs after death. Mere mention of the words “presumed consent” and “compensated donation” may raise ethical eyebrows. However, a system of presumed consent to compensated organ donation should be considered as …