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The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman
The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman
Duke Law Journal
Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are …
Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis
Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis
Duke Law Journal
Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system. With the system in need of a means of curbing errant prosecutors and restoring public confidence, this Note explores a neglected mechanism of prosecutorial oversight-the superseder power-and argues for increased use of this oversight mechanism, coupled with explicit guidelines for its use and a public review process.