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Articles 1 - 30 of 37
Full-Text Articles in Bioethics and Medical Ethics
Nonfinancial Conflict Of Interest In Medical Research: Is Regulation The Right Answer, Nehad Mikhael
Nonfinancial Conflict Of Interest In Medical Research: Is Regulation The Right Answer, Nehad Mikhael
Journal of Law and Health
Medical research plays a vital role in advancing human knowledge, developing new therapies and procedures, and reducing human suffering. Following the atrocities committed in the name of medical research by German physicians during the Nazi era, the Nuremberg trials were held, and an ethical code was created to establish the limits within which medical research can operate. Consequently, legal regimes built upon this ethical foundation to develop laws that ensure the integrity of medical research and the safety of human subjects. These laws sought to protect human subjects by minimizing conflicts of interest that may arise during the process. Furthermore, …
Three Roles Of Narratives In The Treatment Of Chronic Pain, Nina Atanasova
Three Roles Of Narratives In The Treatment Of Chronic Pain, Nina Atanasova
Philosophy and Religious Studies Department Faculty Publications
In this paper, I discuss the roles narratives play in the diagnostics, treatment, and recovery of chronic pain patients. I show that the successes of this narrative approach to the treatment of chronic pain support the biopsychosocial model of disease. The central example of narrative interventions discussed in the paper is pain neuroscience education. This is an intervention which aims at helping chronic pain patients reconceptualize their pain experiences so as to align them with neuroscientific knowledge of pain. Multiple clinical trials have established the success of these interventions in pain reduction. This shows that neuroscience pain education is in …
Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis
Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis
Law Faculty Articles and Essays
This article is divided into three parts. Part I examines the arguments in favor of banning human oocyte cryopreservation. Part II explores the reasons some opponents of human oocyte cryopreservation might give to support restrictions on the use of frozen oocytes. Part III analyzes the possible ethical and legal challenges that may arise in the event that the government seeks to ban the use of frozen oocytes or restrict the use of frozen oocytes based solely on the age of the potential mother.
A Leap To Hybrid Governance For European Union Healthcare On Organ Donations, Tasnim Ahmed
A Leap To Hybrid Governance For European Union Healthcare On Organ Donations, Tasnim Ahmed
Journal of Law and Health
This article evaluates two proposals that the Organs Directive along with the commission’s Action Plan 2009-2015 can be viewed as a form of hybrid governance. The Organs Directive is the first legally-binding supranational risk regulation devised in the field of organ donation and transplantation. The Directive is modelled on the earlier Directive dealing with blood, tissue, and cells. The Action Plan, which is soft law, will complement the Directive. The Directive and Action Plan requires additional administration procedures from the Member States with the EU Commission regularly monitoring the implementation of the work programme to ensure it is manageable for …
The Ethics In Synthetics: Statistics In The Service Of Ethics And Law In Health-Related Research In Big Data From Multiple Sources, Sharon Bassan Ph.D., Ofer Harel Ph.D.
The Ethics In Synthetics: Statistics In The Service Of Ethics And Law In Health-Related Research In Big Data From Multiple Sources, Sharon Bassan Ph.D., Ofer Harel Ph.D.
Journal of Law and Health
An ethical advancement of scientific knowledge demands a delicate equilibrium between benefits and harms, in particular in health-related research. When applying and advancing scientific knowledge or technologies, Article 4 of UNESCO’s Universal Declaration on Bioethics and Human Rights, ethically justifiable research requires maximizing direct and indirect benefits and minimizing possible harms. The National Institution of Health [NIH] Data Sharing Policy and Implementation Guidance similarly states that data necessary for drawing valid conclusions and advancing medical research should be made as widely and freely available as possible (in order to share the benefits) while safeguarding the privacy of participants from potentially …
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Depression: The Often Overlooked Sequela Of Head Trauma, Samuel D. Hodge Jr., Jack E. Hubbard
Cleveland State Law Review
Depression is a common sequela of head trauma. Approximately half of all individuals with a cranial injury will experience depression within the first year, regardless of the severity of the injury. The ailment is characterized clinically as a mood disorder, often associated with intense feelings of sadness. However, depression is more complex than mood disorders, as many mental and bodily complaints—such as insomnia, fatigue, anxiety, appetite changes, aches and pains, and lack of interest in previously enjoyable activities—are associated with depression. These intense feelings, particularly when combined with despair and hopelessness, can lead to suicide, a dreaded potential complication of …
Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.
Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.
Journal of Law and Health
On December 18, 2015, President Obama signed into law a policy rider forestalling the therapeutic modification of the human germ line. The rider, motivated by the science’s potential unethical ends, is only the most recent instance in which the legislature cut short the ongoing national conversation on the acceptability of a developing science. This essay offers historical perspective on what bills were proposed and passed surrounding four other then-developing scientific breakthroughs—Recombinant DNA, in vitro fertilization, Cloning, Stem Cells—to better analyze how Congress is, and should, regulate this exciting and promising science.
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis
Law Faculty Articles and Essays
This Article is divided into four parts. Part I discusses the history and evolution of the "right to die movement" in the United States. The current legal landscape in the United States is examined in Part II. In Part III, I analyze some of the relevant ethical concerns caused by the availability of physician-assisted suicide. My analysis primarily focuses on the Oregon statutes because it is the oldest physician-assisted suicide law in the United States and has served as a model for laws in the United States and abroad. For example, Lord Falconer's Bill, which was defeated by the British …
Quintavalle: The Quandary In Bioethics, Lisa Cherkassky
Quintavalle: The Quandary In Bioethics, Lisa Cherkassky
Journal of Law and Health
The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer
Journal of Law and Health
In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …
A Critique Of Henrik Friberg-Fernros's Defense Of The Substance View, William Simkulet
A Critique Of Henrik Friberg-Fernros's Defense Of The Substance View, William Simkulet
Philosophy and Religious Studies Department Faculty Publications
Proponents of the substance view contend that abortion is seriously morally wrong because it is killing something with the same inherent value and right to life as you or I. Rob Lovering offers two innovative criticisms of the anti-abortion position taken by the substance view - the rescue argument and the problem of spontaneous abortion. Henrik Friberg-Fernros offers an interesting response to Lovering, but one I argue would be inconsistent with the anti-abortion stance taken by most substance view theorists.
Intention And Moral Enhancement, William Simkulet
Intention And Moral Enhancement, William Simkulet
Philosophy and Religious Studies Department Faculty Publications
Recently philosophers have proposed a wide variety of interventions referred to as 'moral enhancements'. Some of these interventions are concerned with helping individuals make more informed decisions; others, however, are designed to compel people to act as the intervener sees fit. Somewhere between these two extremes lie interventions designed to direct an agent's attention either towards morally relevant issues - hat-hanging - or away from temptations to do wrong - hat-hiding. I argue that these interventions fail to constitute genuine moral enhancement because, although they may result in more desirable outcomes - more altruism, more law-following, and/or less self-destructive behavior, …
Is Proxy Consent For An Invasive Procedure On A Patient With Intellectual Disabilities Ethically Sufficient?, Sonya Charles, Stephen Corey, Peter Bulova
Is Proxy Consent For An Invasive Procedure On A Patient With Intellectual Disabilities Ethically Sufficient?, Sonya Charles, Stephen Corey, Peter Bulova
Philosophy and Religious Studies Department Faculty Publications
No abstract provided.
Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry
Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry
Journal of Law and Health
The ways in which society responds to pregnant women whose behavior purportedly harms their fetuses can be explored from a variety of legal vantage points. This article argues that the criminal law model currently used is ineffective. The assignment of criminal liability to pregnant women is often rooted in fetal personhood and maternal deviance discourse. Criminal law solutions fail because they fail to take into account the fact that maternal behavior is often the result of a myriad of the social and economic conditions over which pregnant women have little or no control. The criminal law model, therefore, simply punishes …
The Rise Of The Reproductive Brothel In The Global Economy: Some Thoughts On Reproductive Tourism, Autonomy, And Justice, April L. Cherry
The Rise Of The Reproductive Brothel In The Global Economy: Some Thoughts On Reproductive Tourism, Autonomy, And Justice, April L. Cherry
Law Faculty Articles and Essays
This article explores some of the ethical issues raised by the rise of a global reproductive tourism model that includes “the reproductive brothel,” a place where women are gathered together in confined areas and their reproductive capacities sold to men as commodities. After exploring the phenomenon of reproductive tourism as it has developed in India, and the ways in which economic globalization has shaped the practice, the article then considers two ethical responses to the development of the practice of global commercial surrogacy; the first of which focuses on the value of autonomy (both as choice and as dignity), and …
The Ethics Of Vaginal Birth After Cesarean, Sonya Charles
The Ethics Of Vaginal Birth After Cesarean, Sonya Charles
Philosophy and Religious Studies Department Faculty Publications
The decline in providers and facilities that will allow a trial of labor after cesarean forces many women to choose a repeat cesarean. The choice is frequently not much of a choice, however, since the full range of options are often not on the table. This limited 'choice' violates obstetricians' obligations both to respect patients' autonomy and to offer them good care. There has been a vigorous but so far not very fruitful debate in the last few years about the lack of access to a trial of labor after cesarean. Some recently released documents express concern about the limited …
Obstetricians And Violence Against Women, Sonya Charles
Obstetricians And Violence Against Women, Sonya Charles
Philosophy and Religious Studies Department Faculty Publications
I argue that the American Congress of Obstetricians and Gynecologists (ACOG), as an organization and through its individual members, can and should be a far greater ally in the prevention of violence against women. Specifically, I argue that we need to pay attention to obstetrical practices that inadvertently contribute to the problem of violence against women. While intimate partner violence is a complex phenomenon, I focus on the coercive control of women and adherence to oppressive gender norms. Using physician response to alcohol use during pregnancy and court-ordered medical treatment as examples, I show how some obstetrical practices mirror the …
From Yuck To Wow And Back Again, Dena S. Davis
From Yuck To Wow And Back Again, Dena S. Davis
Law Faculty Articles and Essays
This review essay discusses three recent books on the problem of "directed evolution," or genetic engineering, written from differing philosophical perspectives. The books are Babies by Design, by Ronald M. Green, Enhancing Evolution, by John Harris, and The Case against Perfection, by Michael J. Sandel.
Dead Men Reproducing: Responding To The Existence Of Afterdeath Children, Browne C. Lewis
Dead Men Reproducing: Responding To The Existence Of Afterdeath Children, Browne C. Lewis
Law Faculty Articles and Essays
The statutory mandates are a step in the right direction, but there is still work that needs to be done. The statutes should be amended to close certain loop holes and to ensure that the physician-facilitated suicide option is available to all of the patients who need it. Persons suffering from physical conditions that will lead to death within six months should not be the only persons permitted to exit gracefully. As long as the safeguards included in the statutes are followed, there is no good reason to prohibit persons suffering from irreversible and incurable physical diseases that lead to …
The Puzzle Of Ivf, Dena S. Davis
The Puzzle Of Ivf, Dena S. Davis
Law Faculty Articles and Essays
This essay seeks to address a puzzling element of the current political and legal struggles over abortion in the United States: if, as pro-life activists insist, embryos are morally equivalent to born, living persons, then why do these activists not oppose in vitro fertilization (IVF) as aggressively as they oppose abortion? IVF accounts for a significant number of destroyed embryos. Constitutionally, IVF appears to be a much more vulnerable target than abortion. And yet, legislative and political attempts to attack and restrict IVF are few, while attempts to erode women's capability to terminate pregnancies are a constant feature of our …
Genetics: The Not-So-New Thing, Dena S. Davis
Genetics: The Not-So-New Thing, Dena S. Davis
Law Faculty Articles and Essays
Practical knowledge of heredity predates history. Indigenous peoples laid the foundations of modern agriculture by developing plants such as corn. However, the language and metaphors of the Human Genome Project treat modern genetics as if it had no historical antecedents and fail to acknowledge these early contributions to the science of heredity. The results of this blindness are twofold: it exacerbates reluctance of native peoples to take part in genetic research and to garner the benefits of genetic medicine, and it encourages "biopiracy," as modern scientists "discover" and patent native plants.
The Mammography Screening Controversy: Who And What Is Heard In The Press?, Sonya Charles, Margaret Holmes-Rovner
The Mammography Screening Controversy: Who And What Is Heard In The Press?, Sonya Charles, Margaret Holmes-Rovner
Philosophy and Religious Studies Department Faculty Publications
The objective of this project was to analyze newspaper coverage of the January 2000 meta-analysis by Gotzsche and Olsen, “Is screening for breast cancer with mammography justified?” [Lancet 355 (2000) 129]. A content analysis was performed on a comprehensive set of newspaper clippings from the UK during the 2 weeks following publication of the Lancet article. The original authors were most quoted in Wave 1 (the first weekend); the screening programme was most quoted in Wave 2 (week 2). Screening programme description, and the “quality” of the Lancet article dominated Wave 1; patient testimonials increased in Wave 2. Newspaper articles …
Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis
Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis
Law Faculty Articles and Essays
The current controversy over federal funding for research involving stem cells derived from very early embryos is situated between two other equally difficult issues: abortion and cloning. As Laurie Zoloth (2002) says, talk about stem cells is "directly proximate" to the abortion debate. Nonetheless, a settled position in favor of abortion rights does not necessarily lead to support for research that involves the death of embryos. Nor should opposition to reproductive cloning necessarily entail opposition to therapeutic cloning. There are important ways in which our attitudes toward research with embryonic stem cells ought to be entwined with our thinking about …
Symposium Issue: "Who's Afraid Of Commodification?", Dena S. Davis
Symposium Issue: "Who's Afraid Of Commodification?", Dena S. Davis
Law Faculty Articles and Essays
Unfortunately, a great deal of the talk about "commodification" has been clumsy and sloppy. The term has been used as a magic bullet, as if saying "But that's commodification!" is the same as having made an argument. In fact, commodification of human persons, human bodies, human labor, human relationships, is a complex matter.
Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber
Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber
Law Faculty Articles and Essays
This Article does not provide answers to the religious, ethical, and moral issues posed by advanced reproductive techniques in human cloning. Rather, the preceding analysis and discussion seeks to make a contribution, however modest, to the continuation of the societal discussion that will ultimately yield the answers. This Article presents the common concerns of the religious traditions of Judaism, Islam, and Christianity with their mutual emphasis on preserving the dignity of all beings. This and other common values must form the foundation upon which all questions related to the cloning debate must be predicated.
Religious Attitudes Toward Cloning: A Tale Of Two Creatures, Dena S. Davis
Religious Attitudes Toward Cloning: A Tale Of Two Creatures, Dena S. Davis
Law Faculty Articles and Essays
This Essay offers one analytic structure with which to approach the study of religious responses to cloning and suggests that, whereas the negative reactions are tied to a Frankenstein approach--that is, one which uses all the horror of that myth to express our fears about humans getting into the creation business--the more positive reactions express what I will call the Golem approach, based on a lesser-known legend.
Tell Me A Story: Using Short Fiction In Teaching Law And Bioethics, Dena S. Davis
Tell Me A Story: Using Short Fiction In Teaching Law And Bioethics, Dena S. Davis
Law Faculty Articles and Essays
For some years now, I have been experimenting with the use of short stories. Despite rich resources for stories, there remains a void best filled by fiction. When discussing fiction, we can probe, criticize, and express ourselves freely without the constraints we feel when discussing real people. Good fiction lays bare the innermost thoughts and experiences of its characters, perhaps even their dreams and nightmares, in a way that would be intrusive, uncomfortable, or impossible, even in autobiography. When the entire class reads a short story, it provides a pool of shared experience, a fixed point for discussion. Just as …
Cochlear Implants And The Claims Of Culture: A Response To Lane And Grodin, Dena S. Davis
Cochlear Implants And The Claims Of Culture: A Response To Lane And Grodin, Dena S. Davis
Law Faculty Articles and Essays
Because I reject the notion that physical characteristics constitute cultural membership, I argue that, even if the claim were persuasive that deafness is a culture rather than a disability, there is no reason to fault hearing parents who choose cochlear implants for their deaf children.
Genetic Dilemmas And The Child's Right To An Open Future, Dena S. Davis
Genetic Dilemmas And The Child's Right To An Open Future, Dena S. Davis
Law Faculty Articles and Essays
In this paper, I examine three difficult issues raised by the Human Genome Project, and lay out an approach that takes seriously the interests of the child, present or future, while preserving the traditional commitment of professional geneticists to patient autonomy. The approach I take is based on Joel Feinberg's concept of "the child's right to an open future." In Part II, I describe the Human Genome Project, as well as the advances in assisted reproduction which give people ways to make use of the information engendered by the HGP. In Part III, I discuss the ethics of medical genetics, …
Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber
Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber
Law Faculty Articles and Essays
Core values of the Jewish heritage are life and family, not death. An interpretation of Halachah which permits a broad definition of passive euthanasia without lapsing into acceptance of active euthanasia or its more evil cousin, assisted suicide, is consistent with these values. Also consistent with these values and the Jewish tradition is a modern definition of death which recognizes advances in medical technology that were beyond the knowledge or imagination of those who created the vast body of Rabbinic law. This approach will not only ease the suffering of families, it will allow organ transplants to save the lives …