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Table of citations (5000 visible)

CRScorePMIDDateAuAbTitleJournal
1153.68116605891999.09.05+ Ethical aerobics: ACHRE's flight from responsibility.Account Res
D Egilman, W Wallace, C Stubbs, F Mora-Corrasco,
2150.93116539081991.01.23+ Ethics, law, and medical genetics: after the human genome is mapped.Emory Law J
JC Fletcher, DC Wertz,
3150.54116574642000.01.27+ Pursuing reform in clinical research: lessons from women's experience.J Law Med Ethics
LA Eckenwiler,
4146.20116575122000.03.01+ Selected legislation and jurisprudence: the Netherlands.Eur J Health Law
MC Ploem,
5145.60116573201999.12.13++A defense of fundamental principles and human rights: a reply to Robert Baker.Kennedy Inst Ethics J
R Macklin,
This article seeks to rebut Robert Baker's contention that attempts to ground international bioethics in fundamental principles cannot withstand the challenges posed by multiculturalism and postmodernism. First, several corrections are provided of Baker's account of the conclusions reached by the Advisory Committee on Human Radiation Experiments. Second, a rebuttal is offered to Baker's claim that an unbridgeable moral gap exists between Western individualism and non-Western communalism. In conclusion, this article argues that Baker's "nonnegotiable primary goods" cannot do the work of "classical human rights" and that the latter framework is preferable from both a practical and a theoretical standpoint.
6145.01116569321999.05.05++A theory of international bioethics: multiculturalism, postmodernism, and the bankruptcy of fundamentalism.Kennedy Inst Ethics J
R Baker,
The first of two articles analyzing the justifiability of international bioethical codes and of cross-cultural moral judgments reviews "moral fundamentalism," the theory that cross-cultural moral judgments and international bioethical codes are justified by certain "basic" or "fundamental" moral priniciples that are universally accepted in all cultures and eras. Initially propounded by the judges at the 1947 Nuremberg Tribunal, moral fundamentalism has become the received justification of international bioethics, and of cross-temporal and cross-cultural moral judgments. Yet today we are said to live in a multicultural and postmodern world. This article assesses the challenges that multiculturalism and postmodernism pose to fundamentalism and concludes that these challenges render the position philosophically untenable, thereby undermining the received conception of the foundations of international bioethics. The second article, which follows, offers an alternative model -- a model of negotiated moral order -- as a viable justification for international bioethics and for transcultural and transtemporal moral judgments.
7144.60116604411998.07.31+ Courting death: assisted suicide, doctors, and the law.Commentary
LR Kass, N Lund,
8143.38116563261994.09.20+ Human experimentation and human rights.St Louis Univ Law J
J Katz,
9143.06116572871999.11.23+ Two precipices, one chasm: the economics of physician-assisted suicide and euthanasia.Hastings Constit Law Q
N Lund,
10141.84116563251994.09.20+ An overview of legal controls on human experimentation and the regulatory implications of taking Professor Katz seriously.St Louis Univ Law J
JA Goldner,
11139.23116601911996.10.03+ Evangelium Vitae.Origins
Pope John Paul II,
12138.38116603581997.12.22++The Convention on Human Rights and Biomedicine of the Council of Europe.Kennedy Inst Ethics J
FW Dommel, D Alexander,
The Convention on Human Rights and Biomedicine developed by the Council of Europe, now undergoing ratification, is the first international treaty focused on bioethics. This article describes the background of the Convention's development and its general provisions and provides a comparison of its requirements with those of federal regulations governing research with human subjects. Although most provisions are comparable, there are significant differences in scope and applicability, for example, in the areas of compensation for injury, research participation by persons with limited capacity to consent, assisted reproduction, organ transplantation, and research in emergency situations. The Convention represents a milestone in international bioethics and protection of human rights that will probably be referred to with increasing frequency.
13137.11116568502000.02.08+ The legalization of physician-assisted suicide: creating a regulatory Potemkin village.Univ Richmond Law Rev
D Callahan, M White,
14136.65116594661992.12.14+ Efficiency, autonomy, and communal values in health care.Yale Law Policy Rev
M Powers,
15136.14116598501995.02.17+ Integrating science and ethics in research with high-risk children and youth.Soc Policy Rep
CB Fisher,
16135.91116533981996.12.31++Are research subjects adequately protected? A review and discussion of studies conducted by the Advisory Committee on Human Radiation Experiments.Kennedy Inst Ethics J
NE Kass, J Sugarman,
In light of information uncovered about human radiation experiments conducted during the Cold War, an important charge for the Advisory Committee on Human Radiation Experiments was to assess the current state of protections for human research subjects. This assessment was designed to enhance the Committee's ability to make informed recommendations for the improvement of future policies and practices for the protection of research subjects. The Committee's examination of current protections revealed great improvement over those from the past, yet some problems remain. Although the data collected by the Committee highlight specific areas in need of attention, the Committee's work should be viewed in part as the beginning of a series of ongoing assessments of the adequacy and effectiveness of the protections afforded to human subjects.
17134.78116548481997.12.11+ The "right to die": a case study in American lawmaking.Eur J Health Law
A Meisel,
18134.41116598071994.11.07+ Gender equity in research.J Womens Health
C Taylor,
19130.79116527121994.11.21++Issues presented by mandatory reporting requirements to researchers of child abuse and neglect.Ethics Behav
JE Sieber,
Mandatory reporting laws, which vary slightly from state to state, require reporting by helping professionals when there is reasonable cause to suspect child abuse. Institutional Review Boards (IRBs) require researchers to warn subjects of this duty to report, which may have a chilling effect on subject rapport and candor. Certificates of confidentiality, in conjunction with other precautions, may reduce some barriers to valid research. Attempts to resolve problems created by reporting laws must produce the most valid research, while minimizing harm and distress to research participants, their families, and the researcher and meeting local and federal legal requirements.
20128.93116573211999.12.13++Negotiating international bioethics: a response to Tom Beauchamp and Ruth Macklin.Kennedy Inst Ethics J
R Baker,
Can the bioethical theories that have served American bioethics so well, serve international bioethics as well? In two papers in the previous issue of the Kennedy Institute of Ethics Journal, I contend that the form of principlist fundamentalism endorsed by American bioethicists like Tom Beauchamp and Ruth Macklin will not play on an international stage. Deploying techniques of postmodern scholarship, I argue that principlist fundamentalism justifies neither the condemnation of the Nazi doctors at Nuremberg, nor, as the Report of the Advisory Committee on the Human Radiation Experiments (ACHRE) demonstrates, condemnation of Cold War radiation researchers. Principlist fundamentalism thus appears to be philosophy bankrupt. In this issue of the Journal, Beauchamp and Macklin reject this claim, arguing that I have misread the ACHRE report and misunderstood Nazism. They also argue that the form of post-postmodern negotiated human rights theory that I proffer is adequate only insofar as it is itself really fundamentalist; insofar as I take postmodernism seriously, however, I mire international bioethics in relativism. In this response, I reaffirm my anti-fundamentalism, provide further evidence in support of my reading of the ACHRE report, and defend my post-postmodern version of rights theory. I also develop criteria for a minimally adequate theoretical framework for international bioethics.
21128.26116590511989.02.27+ The evolution of the right to privacy after Roe v. Wade.Am J Law Med
D Barnard,
22127.53116567501999.02.12++Ethical relativism in a multicultural society.Kennedy Inst Ethics J
R Macklin,
The multicultural composition of the United States can pose problems for physicians and patients who come from diverse backgrounds. Although respect for cultural diversity mandates tolerance of the beliefs and practices of others, in some situations excessive tolerance can produce harm to patients. Careful analysis is needed to determine which values are culturally relative and which rest on an underlying universal ethical principle. A conception of justice as equality challenges the notion that it is always necessary to respect all of the beliefs and practices of every cultural group.
23127.45116503541990.09.04+ Weaving "birth" technology into the "value and policy web" of medicine, ethics and law: should policies on "conception" be consistent?Nova Law Rev
MA Somerville,
24127.18116542931996.06.25+ Health care treatment decision-making guidelines for minors.Bioethics Forum
25127.05116551511998.05.13+ Trends in the social control of medical and psychiatric research.Law Ment Health
PR Benson, LH Roth,
26127.02116604101998.05.15+ Power and disadvantage in medical relationships.Tex J Women Law
P Peppin,
27125.60116601131996.06.18+ Physician-assisted lethal injection vs. the plastic bag: will euthanasia legislation ever come? A comparison of standards in the Netherlands and the United States.Temple Int Comp Law J
UA Joas,
28125.37116597381994.06.21+ Market and non-market mechanisms for procuring human and cadaveric organs: when the price is right.Med Law Int
GP Smith,
29124.32116564331995.11.13+ Protection of human subjects; informed consent; proposed rule.Fed Regist
30123.33116605241999.04.06+ Gender matters: implications for clinical research and women's health care.Houst Law Rev
KH Rothenberg,
31123.30116565931997.09.19+ Class, race, and poverty: medical technologies and socio-political choices.Harv Blacklett Law J
BL Bernier,
32122.66116591061989.07.18+ Whose right is it anyway? Individualism, community, and the right to die: a commentary on the New Jersey experience.Hastings Law J
JK Weinberg,
33122.22116597691994.08.02+ Abortion: ambiguous criteria and confusing policies.Affilia
J Figueira-McDonough,
34122.02116605861999.09.05+ Radiation experiments on children at the Fernald and Wrentham schools: lessons for protocols in human subject research.Account Res
D West,
35121.97116592181990.06.28+ Abortion and dialogue.Tulane Law Rev
R Colker,
36121.97116548571997.12.22++Ethical issues in pediatric life-threatening illness: dilemmas of consent, assent, and communication.Ethics Behav
H Kunin,
The treatment of life-threatening illnesses in childhood is replete with ethical issues and with clinical issues that have ethical implications. The central issues are those involved with a child's participation in the decision-making process and with communication of information about the illness and treatments to children. This article examines the questions of patient autonomy and of parental responsibility and prerogative in the context of pediatric oncology. Included in this examination of the ethical dimensions of pediatric life-threatening illness is a discussion of the many related aspects involved, including medical, cultural, psychosocial, legal, and developmental. A multidimensional approach that considers the ways in which these multiple aspects interact with one another, and which focuses on establishing a strong working alliance between the health care team and the pediatric patient's family, can help to avoid or resolve potential ethical and clinical conflicts.
37120.93116514231993.05.04+ Combining the best of two medical worlds: Canadian universality and United States' freedom.Humane Med
WW Benjamin,
38120.84116547951997.10.24++Bioethics and law: a developmental perspective.Bioethics
W van der Burg,
In most Western countries, health law [and] bioethics are strongly intertwined. This strong connection is the result of some specific factors that, in the early years of these disciplines, facilitated a rapid development of both. In this paper, I analyze these factors and construe a development theory existing of three phases, or ideal-typical models. In the moralistic-paternalistic model, there is almost no health law of explicit medical ethics, and the little law there is is usually based on traditional morality, combined with paternalist motives. The objections to this model are that its paternalism and moralism are unacceptable, that it is too static and knows no external control mechanisms. In the liberal model, which is now dominant in most Western countries, law and ethics closely cooperate and converge, both disciplines use the same framework for analysis: they are product-oriented rather than practice-oriented; they use the same conceptual categories, they focus on minimally decent rather than the ideal, and they are committed to the same substantive normative theory in which patient autonomy and patient rights are central. However, each of these four characteristics also results in a certain one-sidedness. In some countries, a third model is emerging. In this postliberal model, health law is more modest and acknowledges its inherent and normative limits, whereas ethics takes a richer and most ambitious self image. As a result health law and ethics will partly diverge again.
39120.81116605911999.09.05+ A little too much of the Buchenwald touch? Military radiation research at the University of Cincinnati, 1960-1972.Account Res
D Egilman, W Wallace, C Stubbs, F Mora-Corrasco,
40120.63116447951996.11.12+ Radiation.JAMA
DJ Rothman,
41120.56116530931995.02.21+ When a patient demands what health care providers deem foolish: medical-ethical analysis of the case of Baby K.
JL Peabody,
42120.42116603421997.10.10+ Proposed recommendations of the Task Force on Genetic Testing; notice of meeting and request for comment.Fed Regist
43119.96116458531999.04.07+ If only it were so: medical physics, U.S. human radiation experiments, and the Final Report of the President's Advisory Committee (ACHRE)Med Humanit Rev
R Martensen,
44119.92116602821997.06.12+ Allocating health care morally.Calif Law Rev
E Elhauge,
45119.75116564201995.10.02+ Resisting the temptation to turn medical recommendations into judicial orders: a reconsideration of court-ordered surgery for pregnant women.Ga State Univ Law Rev
C Scott,
46119.32116591701990.02.12+ Fetal tissue transplants.Wash Univ Law Q
JA Robertson,
47119.30116527171995.02.17+ Artes moriendi: active euthanasia and the art of dying.UCLA Law Rev
EA Gifford,
48119.11116526461994.01.31+ Letting patients die: legal and moral reflections.Calif Law Rev
SH Kadish,
49118.84116603301997.09.26+ Physician responsibility under managed care: patient advocacy in a changing health care environment. ACOG Committee Opinion No. 170.ACOG Comm Opin
50118.59116551841998.06.23+ A relational perspective on ethics-in-science decisionmaking for research with vulnerable populations.IRB
CB Fisher,
51118.53116516051993.09.28++Doing what the patient orders: maintaining integrity in the doctor-patient relationship.Bioethics
J Blustein,
No profession has undergone as much scrutiny in the past several decades as that of medicine. Indeed, one might well argue that no profession has ever undergone so much change in so short a time. An essential part of this change has been the growing insistence that competent, adult patients have the right to decide about the course of their own medical treatment. However, the familiar and widely accepted principle of patient self-determination entails a corollary that has received little attention in the growing literature on the ethics of physician-patient relations: if patients are to direct the course of their own medical treatment, then physicians are at least sometimes to be guided in their actions on behalf of patients by values that are not, and may even be incompatible with, their own values. Unless it is supposed that it would be best if physicians were simply to accommodate any and all patient requests, a possibility I consider and reject in this paper, there are bound to be numerous instances of legitimate moral conflict between the preferences of physicians and patients. In this paper, I examine the implications of this sort of moral conflict from the standpoint of the integrity of the physician....I have also considered the common practice of patient referral from the standpoint of physician integrity, and asked whether a physician who refuses to treat a patient as a matter of conscience can consistently refer the patient to another physician for the same treatment....
52118.50116472571998.01.09+ A house divided.Washington Post
S Cohen,
53118.25116534001996.12.31++Disagreement, consensus, and moral integrity.Kennedy Inst Ethics J
R Macklin,
The Advisory Committee on Human Radiation Experiments experienced some disagreements among its members in the course of its work. An epistemological controversy over the nature and degree of evidence required to draw ethical conclusions pervaded the Committee's deliberations. Other disagreements involved the proper role of a governmental advisory committee and the question of when it is appropriate to notify people that they were unknowing subjects of radiation experiments. In the end, the Committee was able to reach consensus on almost all of its findings and recommendations through a process that preserved the integrity of its members.
54118.22116525231989.04.04+ Annual report of Council, 1987-1988: medical ethics.Br Med J (Clin Res Ed)
55118.12116645831979.04.01+ The research imperative and human rights.Phila Med
RS Stone,
56117.57116601591996.08.12+ Health information privacy.Cornell Law Rev
LO Gostin,
57117.09116521191993.12.06++Women's health: an ethical perspective.J Law Med Ethics
R Macklin,
...I began by saying that an ethical perspective on women's health begins and ends with principles of justice. I conclude by noting that refocusing efforts on women's health can begin to rectify some of the past injustices. Only by striving for the broader goals of justice that grant women status and respect equal to that enjoyed by men, and to poor women and women of color equal access to the health care system, can we hope to make overall gains in improving women's health.
58116.98116598141995.02.03+ "Crying stones": a comparison of abortion in Japan and the United States.N Y Law Sch J Int Comp Law
LD Wardle,
59116.71116566181997.10.31+ Casey, Bray and beyond: religious liberty and the abortion debate.St Louis Univ Public Law Rev
PD Simmons,
60116.33116539421991.10.24++New directions in nursing home ethics.Hastings Cent Rep
B Collopy, P Boyle, B Jennings,
We believe that a new agenda for the ethics of long-term nursing home care could be set by seeing nursing homes as communities of caring and interdependency. The goal should be not simply to eliminate or minimize dependency whenever possible, but to make a genuinely creative and nurturing use of the dependency that is an inevitable reality for most nursing home residents. Nursing homes are rarely places of curing, but they can and should be places of healing -- of making whole -- of enabling frail or chronically ill persons to use their dependency to grow as human beings...In general, nursing home regulation is a matter of striking a delicate balance between that degree of control necesary to ensure a basic standard of decent and humane care, and that degree of professional discretion needed to allow nursing homes to respond to their own particular problems of care as they make creative use of the dependency that is an essential fact of nursing home life.
61116.28116604911999.02.05+ Guidelines for medical research -- some ethical and legal problems.Med Law Rev
JV McHale,
62116.01116590921989.06.26+ Normative judgment, social change, and legal reasoning in the context of abortion and privacy.Rev Law Soc Change
SJ Schnably,
63115.92116544711997.04.03+ The right to procreate: when rights claims have gone wrong.McGill Law J
L Shanner,
64115.83116591681990.02.07+ Institutional review boards in the university setting: review of pharmaceutical testing protocols, informed consent and ethical concerns.J Coll Univ Law
DM Kobasic,
65115.73116457011991.09.17++Ethics, public policy, and human fetal tissue transplantation research.Kennedy Inst Ethics J
JF Childress,
This article focuses on the deliberations of the National Institutes of Health Human Fetal Tissue Transplantation Research Panel in 1988. It explores various arguments for and against the use of fetal tissue for transplantation research, following elective abortion, and for and against the use of federal funds for such research. After examining the relevance of various positions on the moral status of the fetus and the morality of abortion, the article critically examines charges that such research, especially with federal funds, would involve complicity in the moral evil of abortion, would legitimate abortion practices, and would provide incentives for abortions. Finally, it considers whether the donation model is appropriate for the transfer of human fetal tissue and whether the woman who chooses to have an abortion is the apppropriate donor of the tissue.
66115.64116452541993.12.02++Patient choices, family interests, and physician obligations.Kennedy Inst Ethics J
TA Mappes, JS Zembaty,
Recent articles in biomedical ethics have begun to explore both the relevance of family interests in treatment decisions and the resultant ramifications for physicians' obligations to patients. This article addresses two important questions regarding physicians' obligations vis-à-vis family interests: (1) What should a physician do when the exercise of patient autonomy threatens to negate the patient's moral obligations to other family members? (2) Does respect for patient autonomy typically require efforts on the part of physicians to keep patients' treatment decisions from being influenced by family considerations? A series of clarifications about the concept of autonomy is also presented.
67115.40116595811993.10.15+ Human embryos and genetic testing: a private policy model.Politics Life Sciences
AL Bonnicksen,
68114.33116575612000.02.23+ Guinea pigs on the payroll: the ethics of paying research subjects.Account Res
T Lemmens, C Elliott,
69113.88116533941996.12.31++Revising the history of Cold War research ethics.Kennedy Inst Ethics J
JD Moreno, SE Lederer,
President Clinton's charge to the Advisory Committee on Human Radiation Experiments included the identification of ethical and legal standards for evaluating government-sponsored radiation experiments conducted during the Cold War. In this paper, we review the traditional account of the history of American research ethics, and then highlight and explain the significance of a number of the Committee's historical findings as they relate to this account. These findings include both the national defense establishment's struggles with legal and insurance issues concerning human experiments, and the medical profession's perspective on human experimentation in the years following the Nuremberg Medical Trials. We conclude that the Committee's work both enriches the traditional view of the history of research ethics and opens important new areas for study.
70113.70116563451995.01.27+ Law and the regulation of reproduction in Ireland: 1922-1992.Univ Tor Law J
N Whitty,
71113.64116613691979.04.01+ Toward maintaining ethical research on violent behavior.Clin Res
B Eichelman,
72113.56127052702003.05.28+ Why law pervades medicine: an essay on ethics in health care.Notre Dame J Law Ethics Public Policy
C Scott,
73113.45116569341999.05.05++Religion and the body in medical research.Kennedy Inst Ethics J
CS Campbell,
Religious discussion of human organs and tissues has concentrated largely on donation for therapeutic purposes. The retrieval and use of human tissue samples in diagnostic, research, and education contexts have, by contrast, received very little direct theological attention. Initially undertaken at the behest of the National Bioethics Advisory Commission, this essay seeks to explore the theological and religious questions embedded in nontherapeutic use of human tissue. It finds that the "donation paradigm" typically invoked in religious discourse to justify uses of the body for therapeutic reasons is inadequate in the context of nontherapeutic research, while the "resource paradigm" implicit in scientific discourse presumes a reductionist account of the body that runs contrary to important religious values about embodiment. The essay proposes a "contribution paradigm" that provides a religious perspective within which research on human tissue can be both justified and limited.
74113.20116603591997.12.22+ Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention of Human Rights and Biomedicine.Kennedy Inst Ethics J
75113.17116510081991.10.31+ A Jewish approach to end-stage medical care.Conserv Jud
EN Dorff,
76113.15116532001996.05.06+ Ethics of drug experimentation.Dolentium Hominum
E Sgreccia,
77113.07116558591988.03.15+ Tempest in the laboratory: medical research on spare embryos from in vitro fertilization.Hastings Law J
B Gregoratos,
78112.97116518251987.08.06+ Philosophy of medicine in the United Kingdom.Metamedicine
D Lamb, SM Easton,
79112.78116604981999.02.10+ The Human Genome Project: a challenge to the human rights framework.Harv Hum Rights J
AT Iles,
80112.21116589051988.03.15+ Medical risks, disclosure, and liability: slouching toward informed consent.Sci Technol Human Values
DB Dutton,
81112.12116861731997.01.02+ Protection of human subjects.
82112.10122847751992.06.04+ Motor-park people shift gear.WorldAIDS
C Nnoli,
83111.99116605391999.05.05++Vulnerability: reflection on its ethical implications for the protection of participants in SAMHSA programs.Ethics Behav
TF McGovern,
The vulnerability of participants in Substance Abuse and Mental Health Services Administration (SAMHSA) programs is a consequence of the illnesses that they are experiencing; ethical guarantees must be in place that ensure the dignity of the persons involved in such programs. Dignity is more than an individual concern; it has individual, institutional, and societal dimensions. An ethical framework is proposed that involves the interrelated vulnerabilities and needs of individuals and communities and our societal response to them. Among the issues given particular attention are individual and community stigmatization, target population involvement in program planning, balance with regard to confidentiality and privacy, the place of proportionality grounded in a rich sense of community as a guiding ethical priniciple, and guidelines for SAMHSA programs.
84111.91116546231997.07.10+ An egg takes flight: the once and future life of the National Bioethics Advisory Commission.Kennedy Inst Ethics J
AM Capron,
85111.55116531451996.01.26+ Women's and fetal rights and interests: ethical aspects.Food Drug Law J
JC Fletcher,
86111.48116498851988.03.17+ Autonomy and the demented self.Milbank Q
R Dworkin,
87111.44116567911999.03.10+ The right to die.Yale Law J
CR Sunstein,
88111.25116571171999.08.04+ Why even egalitarians should favor market health insurance.Soc Philos Policy
D Shapiro,
89111.23116558911988.11.28+ The right over one's own body: its scope and limits in comparative law.Boston College Int Comp Law Rev
MT Meulders-Klein,
90111.14116572221999.11.23+ Patients' rights or family responsibilities? Two approaches to genetic testing.Med Law Rev
L Skene,
91111.04116526191993.02.10+ The Appleton International Conference: Developing guidelines for decisions to forgo life-prolonging medical treatment -- Preamble, Parts I, II, III, and IV.J Med Ethics
JM Stanley,
92110.93116523011994.06.29+ The Nazi doctors trial and the international prohibition on medical involvement in torture.Loyola Los Angel Int Comp Law J
M Lippman,
93110.69116547901997.10.22++Unmanaged care: the need to regulate new reproductive technologies in the United States.Bioethics
CB Cohen,
In the aftermath of allegations of the misuse of human eggs in the United States, questions are being raised about whether profitable reproductive services should continue to function in a free market under the aegis of physicians or should be regulated. Other countries in which reproductive technologies are employed to a significant degree have developed regulations governing their use, many as a result of recommendations made by inter-disciplinary commissions that solicited public input. Policy makers in the United States have been reluctant to regulate reproductive technologies, however, because their use is politically controversial, they want to whittle down government, some do not consider infertility an illness, and some believe regulation would interfere with the right to reproduce. Yet the unfettered use of reproductive technologies can create such harms as lack of informed consent, providing procedures not medically indicated for financial gain, practice by unqualified personnel, injury to patients and donors, failure to screen donated gametes, and inadequate medical record keeping. Americans place special value on the welfare of children and those who bring them into the world. Such values can outweigh individual procreative liberty when new reproductive technologies are at issue. Although the optimal course would be to establish a regulatory body to govern reproductive technologies, this is not politically feasible now. The newly established National Bioethics Advisory Commission provides a forum in which issues surrounding reproductive technologies should be addressed at this time in the United States.
94110.63116606181999.11.27+ The continuum of coercion: constitutional and clinical considerations in the treatment of mentally disordered persons.Denver Univ Law Rev
RD Miller,
95110.56116501231989.05.02+ A case against Dutch euthanasia.Hastings Cent Rep
R Fenigsen,
96110.55116606692000.02.15+ Sophie's choices: medical and legal responses to suffering.Notre Dame Law Rev
L Shepherd,
97110.31116545151997.04.17+ Standards of accountability for consent in research.Account Res
LS Rubenstein,
98109.65116521261993.12.06++Abortion law in Europe in 1991-1992.J Law Med Ethics
R Boland,
...This article will analyze legal developments relating to abortion that have taken place in 1991-1992 in six countries of western and eastern Europe: Poland, Hungary, Albania, Germany, Ireland, and Belgium.
99109.60116446661995.10.26+ Proposed guidelines for the participation of persons with dementia as research subjects.Perspect Biol Med
EW Keyserlingk, K Glass, S Kogan, S Gauthier,
100109.54116593401991.09.20++Privacy and disclosure in medical genetics examined in an ethics of care.Bioethics
DC Wertz, JC Fletcher,
The progress of genetic knowledge magnifies existing ethical problems in medical genetics. Among the most troubling types of problems -- for medicine, patients, and the larger society -- are those of privacy and disclosure. Examples of the range of problems involving privacy and disclosure are: 1) disclosure of false paternity to an unsuspecting husband; 2) disclosure of a patient's genetic make-up to his or her unknowing spouse; 3) disclosure of information, against a patient's wishes, to relatives at genetic risk; 4) disclosure of ambiguous test results; 5) disclosure of adventitious nonmedical information, e.g., fetal sex; and 6) disclosure to institutional third parties, such as employers and insurers....
101109.05116574622000.01.27+ This little piggy went to market: the xenotransplantation and xenozoonose debate.J Law Med Ethics
MA Clark,
102108.60116512211992.08.12+ The new reproductive technologies: a technological handmaid's tale.Issues Reprod Genet Eng
103108.41116514631993.05.04+ Research ethics in applied anthropology.IRB
PA Marshall,
104108.37116492181988.03.15+ The right to die: progress and peril.Euthan Rev
AM Capron,
105108.36116509351991.06.20+ Model Aid-in-Dying Act.Iowa Law Rev
CA Brandt,
106108.31116608072000.10.25+ A model state act to authorize and regulate physician-assisted suicide.Harvard J Legis
CH Baron, C Bergstresser, DW Brock, GF Cole, NS Dorfman, JA Johnson, LE Schnipper, J Vorenberg, SH Wanzer,
107108.22116527031995.01.25+ Norplant meets the new eugenicists: the impermissibility of coerced contraception.St Louis Univ Public Law Rev
J Mertus, S Heller,
108108.20116550681998.02.27+ Ethical issues concerning patients with mental illness.Bull Med Ethics
109108.20116534051997.01.02 World Medical Association adopts statements, etc., on miscellaneous matters.Int Dig Health Legis
110108.01116604011998.05.14+ To care for the dying.Origins
JR McGann,
111107.89116558521987.06.30+ Embryos, families, and procreative liberty: the legal structure of the new reproduction.South Calif Law Rev
JA Robertson,
112107.88122843371992.02.03 USAID steps up anti-AIDS program.USAID Highlights
113107.87116447232000.01.29+ Editor's introduction (to a set of articles by P.H. Jos et al.; H.L. Nelson; B. Spielman; J.L. Nelson; M.A. Rie; J.S. Alper; E. Parens; and J. Spike and J. Greenlaw)J Law Med Ethics
C Mitchell,
114107.86116581752000.10.18+ IRBs: protecting the well-being of subject-participants with mental disorders that may affect decisionmaking capacity.Account Res
F Baylis,
115107.84116595471993.05.25+ The discourse ethics alternative to Rust v. Sullivan.Univ Richmond Law Rev
GC Leedes,
116107.78116650741980.08.01+ Rejection of extraordinary medical care by a terminal patient: a proposed living will statute.Iowa Law Rev
J Freeman,
117107.72116604001998.05.14+ Biogenetics, artificial procreation, and public policy in the United States and France.Technol Soc
J Merchant,
118107.71116561471993.02.19+ Toward a Thomistic perspective on abortion and the law in contemporary America.Thomist
MC Kaveny,
119107.58116457961988.01.12+ The changing concept of the ideal physician.Daedalus
EJ Cassell,
120107.56116528541997.04.04+ An IRB member's perspective on access to innovative therapy.Albany Law Rev
DL Moore,
121107.50116515161993.06.23+ The issue of personal choice: the competent incurable patient and the right to commit suicide?Miss Law Rev
RC Morgan, TC Marks, B Harty-Golder,
122107.29116571461999.08.30+ Avoiding family feuds: responding to surrogate demands for life-sustaining interventions.J Law Med Ethics
A Alpers, B Lo,
123107.27116568391999.04.09+ Prenatal screening and the culture of motherhood.Hastings Law J
LB Andrews,
124106.98116440581986.09.16+ The gift of life: ethical problems and policies in obtaining and distributing organs for transplantation.Prim Care
JF Childress,
125106.95116512081992.08.07+ The bioethics movement and hospital ethics committees.MD Law Rev
JC Fletcher,
126106.82116576411994.04.27+ Who's the parent here? The family's impact on the autonomy of older persons.Emory Law J
MB Kapp,
127106.30116498841988.03.17+ Deciding for others.Milbank Q
A Buchanan, DW Brock,
128106.11116606311999.12.17+ The Supreme Court's assisted suicide opinions in international perspective: avoiding a bureaucracy of death.N D Law Rev
JL Underwood,
129106.07116501711989.02.08+ Hospice: an alternative treatment of care for the terminally ill.Pace Law Rev
AS Hagerman,
130105.92116604271998.06.25+ Considering behavioral and biomedical research on detainees in the mental health unit of an urban mega-jail.N Engl J Crim Civ Confin
SJ Brakel,
131105.77116533971996.12.23++Looking back and judging our predecessors.Kennedy Inst Ethics J
TL Beauchamp,
The Advisory Committee on Human Radiation Experiments has correctly argued that persons and institutions can sometimes be held responsible for actions taken more than a half-century ago, when practices and policies on the use of research subjects were strikingly different. In reaching its conclusions, the Committee did not altogether adhere to the language and commitments of its own ethical framework. In its Final Report, the Committee emphasizes judgments of wrongdoing, to the relative neglect of culpability; it discusses mitigating conditions that are exculpatory, but does not provide a thoroughgoing assessment of either culpability or exculpation. However, the Committee's shortcomings are mild in comparison to the deficiencies in the "Report of the UCSF Ad Hoc Fact Finding Committee on World War II Human Radiation Experiments" of the University of California at San Francisco. The latter report reaches no significant judgments of either wrongdoing or culpability. The findings that should have been reached by both committees are discussed.
132105.74116563221994.09.19+ Protecting us to death: women, pregnancy, and clinical research trials.St Louis Univ Law J
RA Charo,
133105.74116520881993.05.26++Instituting a research ethic: chilling and cautionary tales.Bioethics
P Pettit,
The ethical review of research on human beings, and indeed the ethical review of broader ranges of human activity, is a growth industry. I want to look here at the ethical review of research on humans and raise some questions about the direction it is taking. I am pessimistic about where the institutions that we have set up are leading us and I want to sound a warning note and suggest some changes that are needed in the practice of ethical review.
134105.66116570421999.09.15+ Abortion to obtain fetal tissue for transplant.Suffolk Univ Law Rev
JA Robertson,
135105.52116530001995.11.06+ The role of courts in the debate on assisted suicide: a communitarian approach.Notre Dame J Law Ethics Public Policy
DL Beschle,
136105.46116604091998.05.15+ The invisible woman: gender bias in medical research.Women's Rights Law Report
TD Keville,
137105.36116429811992.07.31++Equity, autonomy, and efficiency: what health care system should we have?J Med Philos
PT Menzel,
The U.S. has a wide range of options in choosing a health care system. Rational choice of a system depends on analysis and prioritization of the basic moral goals of equitable access to all citizens, the just sharing of financial costs between well and ill, respect for the values and choices of subscribers and patients, and efficiency in the delivery of costworthy care. These moral goals themselves, however, tell us little about what health care system the United States should have. Equitable access does not demand a level and scope of care for the poor equal to that rationally chosen by the middle class, and there are ways within mixed systems, though not easy ways, to achieve a fair distribution of costs between well and ill. Despite pluralistic systems' apparent advantage in allowing subscribers to choose their own forms of rationing, problems in translating serious long-term subscriber choices into actual medical practice may be greater in pluralistic than in unitary systems. Final choice of a system hinges primarily on peculiar historical facts about U.S. political culture, not on moral principle.
138105.29116597401994.06.20+ Genetic diagnostic information and the duty of confidentiality: ethics and law.Med Law Int
C Ngwena, R Chadwick,
139105.21116599241995.05.02+ Regulatory pressures hamper the effectiveness of electroconvulsive therapy.Law Psychol Rev
SY Johnson,
140105.21116515661993.09.01+ Minors' assent, consent, or dissent to medical research.IRB
S Leikin,
141105.12116600211996.01.26+ Recent developments in the Netherlands concerning euthanasia and other medical behavior that shortens life.Med Law Int
J Griffiths,
142104.97116549741997.05.27+ The wisdom of repugnance: why we should ban the cloning of humans.New Repub
LR Kass,
143104.73116568701999.04.14+ Slavery, segregation and racism: trusting the health care system ain't always easy! An African American perspective on bioethics.St Louis Univ Public Law Rev
VR Randall,
144104.69116445391994.08.02++Feminism and reproductive technologies.J Clin Ethics
JC Callahan,
...Rowland is a social scientist and a radical feminist, and she has undertaken the task of making readers think twice about reproductive technologies. If a reader isn't thinking twice, it will not do to blame it on Rowland and the shortcomings of her book. She has a good deal to say that is extremely important and that needs to be considered by anyone who is interested in the moral issues, in general, and the issues for women and children, in particular, that are raised by the new and emerging reproductive technologies. Her book should be widely read. And it should generate the worries it is written to generate.
145104.68116607752000.09.15+ Prenatal gene tranfer: scientific, medical, and ethical issues: a report of the Recombinant DNA Advisory Committee.Hum Gene Ther
146104.67116550121997.10.31+ Adolescent sexuality and public policy: a liberal response.Politics Life Sciences
LF Ross,
147104.50116562011993.09.08+ The abortion debate: the search for common ground, part 2.Ethics
NA Davis,
148104.46116592551990.12.21+ Health care choice and the Constitution: reconciling privacy and public health.Rutgers Law Rev
EG Patterson,
149104.45116594641992.11.17+ Anthropology and bioethics.Med Anthropol Q
PA Marshall,
150104.38116513201992.12.09+ Euthanasia in the Netherlands: a model for Canada?Humane Med
B Sneiderman,
151104.35116549301995.03.09++Reporting and referring research participants: ethical challenges for investigators studying children and youth.Ethics Behav
CB Fisher,
Researchers studying at-risk and socially disenfranchised child and adolescent populations are facing ethical dilemmas not previously encountered in the laboratory or the clinic. One such set of ethical challenges involves whether to: (a) share with guardians research-derived information regarding participant risk, (b) provide participants with service referrals, or (c) report to local authorities problems uncovered during the course of investigation. The articles assembled for this special section address the complex issues of deciding if, when, and how to report or provide referrals for research participants who are minors (referred to hereafter as minor research participants). This paper focuses on two factors underlying these decisions: the validity of risk estimates and meta-ethical positions on scientific responsiblity. It is suggested that, before sharing information about minor research participants investigators should do the following: critically examine the diagnostic validity of developmental measures, include the scope and limitations of information sharing in informed consent procedures, and become familiar with state reporting laws. I discuss the impact of the traditionally accepted act utilitarian meta-ethical position on the investigator-participant relationship, and I recommend consideration of alternative positions as a step toward developing a research ethic of scientific responsibility and care.
152104.30116596701994.02.09+ A critique of some feminist challenges to prenatal diagnosis.J Womens Health
DC Wertz, JC Fletcher,
153104.29116526711994.05.05+ Bioethics and the law: the case of Helga Wanglie: a clash at the bedside -- medically futile treatment v. patient autonomy.Whittier Law Rev
DC Blake, L Maldonado, RA Meinhardt,
154104.06116533041996.06.14+ Coming into being: law, ethics, and the practice of prenatal genetic screening.Hastings Law J
MJ Malinowski,
155104.05116608122000.10.30+ New reproductive technologies in Canada and the United States: same problems, different discourses.Temple Int Comp Law J
AH Young,
156104.03116446911995.12.18+ The evolution of informed consent in American medicine.Perspect Biol Med
WJ Friedlander,
157104.00116549311995.03.13++Ethical issues in reporting and referring in research with low-income minority children.Ethics Behav
D Scott-Jones,
Ethical research with children requires a special concern for their well-being as individuals. Researchers are therefore expected to report problems children experience and to refer children for assistance. This article addresses difficultites that can arise as researchers attempt to meet this obligation in research with low-income ethnic minority children. Potential difficulties include both failure to report and overreporting suspected problems. The role of institutional review boards in researchers' reporting and referring behavior is also discussed.
158103.99116607502000.08.03+ "Fatal practices": a feminist analysis of physician-assisted suicide and euthanasia.Hypatia
D Raymond,
159103.94116440281988.02.04+ Spain: from the decree to the proposal.Hastings Cent Rep
D Gracia,
160103.87116563241994.09.20+ Autonomy, beneficence, and the experimental subject's consent: a response to Jay Katz.St Louis Univ Law J
ED Pellegrino,
161103.85116605981999.09.22+ Abortion ethics: rights and responsibilities.Hypatia
E Porter,
162103.81116575602000.02.23+ Research involving the vulnerable sick.Account Res
C Weijer,
163103.59116517881985.11.18+ Nontreatment decisions for severely compromised newborns.Ethics
K Kipnis, GM Williamson,
164103.52116429341992.02.26+ Practicing the PSDA.Hastings Cent Rep
F Rouse, S Johnson, DW Brock, L Emanuel, SM Wolf, D Mason, M Mezey, RB Purtilo, EL McCloskey,
165103.52122842251992.02.03+ AIDS in India: constructive chaos?Health Millions
A Chatterjee,
166103.27116548581998.01.07++Ethical and legal risks associated with archival research.Ethics Behav
DO Taube, S Burkhardt,
Mental health facilities and practitioners commonly permit resarchers to have direct access to patients' records for the purposes of archival research without the informed consent of patient-participants. Typically these researchers have access to all information in such records as long as they agree to maintain confidentiality and remove any identifying data from subsequent research reports. Changes in the American Psychological Association's Ethical Principles (American Psychological Association, 1992) raise ethical and legal issues that require consideration by practitioners, researchers, and facility Institutional Review Boards. This article addresses these issues and provides recommendations for changes in ethical standards as well as alternative avenues for conducting research using archival mental health records.
167103.03116529591995.11.08+ Medical responsibility in the Libyan law.Med Law Int
FA Benomran,
168103.00116549981998.01.28+ Reflections on the 50th anniversary of the Nuremberg doctors' trials.Linacre Q
EF Diamond,
169102.99116547851997.10.23++Self-determination vs. family-determination: two incommensurable principles of autonomy: a report from East Asia.Bioethics
R Fan,
Most contemporary bioethicists believe that Western bioethical principles, such as the principle of autonomy, are universally binding wherever bioethics is found. According to these bioethicists, these principles may be subject to culturally-conditioned further interpretations for their application in different nations or regions, but an 'abstract content' of each principle remains unchanged, which provides 'an objective basis for moral judgment and international law'. This essay intends to demonstrate that this is not the case. Taking the principle of autonomy as an example, this essay argues that there is no such shared 'abstract content' between the Western bioethical principle of autonomy and the East Asian bioethical principle of autonomy. Other things being equal, the Western principle of autonomy demands self-determination, assumes a subjective conception of the good and promotes the value of individual independence, whilst the East Asian principle of autonomy requires family-determination, presupposes an objective conception of the good and upholds the value of harmonious dependence. They differ from each other in the most general sense and basic moral requirement.
170102.97116599911995.10.10+ "Like building on top of Auschwitz": on the symbolic meaning of using data from the Nazi experiments, and on nonuse as a form of memorial.J Law Relig
P Mostow,
171102.88116530031995.11.06+ Beyond theological conflict in the courts: the issue of assisted suicide.Notre Dame J Law Ethics Public Policy
AJ Dyck,
172102.72116439371987.10.28+ Research on healthy volunteers: a report of the Royal College of Physicians.J R Coll Physicians Lond
173102.51116569361999.05.05+ IRBs under the microscope.Kennedy Inst Ethics J
JD Moreno,
174102.33116568751999.04.14+ Gender and culture in the globalization of bioethics.St Louis Univ Public Law Rev
CE Gudorf,
175102.27116445371994.08.02++Feminism's healing effect.J Clin Ethics
L Bender,
Helen Bequaert Holmes and Laura M. Purdy have done medical ethicists and clinical practitioners an enormous favor by publishing in book form their edited collection of 21 essays, Feminist Perspectives in Medical Ethics. This is an anthology of articles applying feminist methods and theories to problems in medical ethics. It is a fitting initiation for healthcare professionals and theorists who have yet to introduce themselves to the methods, analyses, and diverse contributions of feminism. In one simple volume, readers can sample feminist contributions to medical ethics that otherwise would be scattered in books or journals unavailable in most medical libraries.
176102.26116563551995.02.15+ Reproductive freedoms and African American women.Yale J Law Fem
C Rutherford,
177102.21116593861992.04.13+ An ethical challenge to prochoice advocates: abortion and the pluralistic proposition.Commonweal
D Callahan,
178102.17116516151993.09.27++Militarism, human welfare, and the APA Ethical Principles of Psychologists.Ethics Behav
C Summers,
A case study is presented of the American Psychological Association (APA), as a health care organization that promotes human welfare. APA includes policies on human welfare in its Ethical Principles of Psychologists and even lists the advancement of psychology "as a means of promoting human welfare" on its letterhead. Nevertheless, APA has other policies and activities based on military and weapons work that appear to conflict with its promotion of human welfare. Although military work in and of itself may not necessarily be problematic, work that contributes to people purposely being harmed or killed should be squared with the association's ethical guidelines. The results presented here show that this may not be the case: There currently appears to be little justification in the Ethical Principles for work intended to harm people. APA's active lobbying, research, and development for the military are documented here, in relation to an analysis of the Ethical Principles. APA's uncritical support for Operation Desert Storm is examined specifically, with regard to weapons technology and therapeutic treatment of U.S. soldiers on the battlefield. This one-sided support for victims of the war is not in keeping with a Hippocratic health care ethic to treat patients needing care, and to do so with neutrality and impartiality. Similarities to a historical example of nationalistic mental health ethics are discussed, with a review of the development of the German Institute for Psychological Research and Psychotherapy and of the German Society for Psychology in the Nazi wartime effort and the Holocaust. The results here show similar deficiencies in APA's ethical standards, not the least of which is that the code applies to individual members but not to APA policies, committees, or activities. This article concludes with suggested criteria for the Ethical Principles that would at least (a) recognize the ambiguities in systematically developing and using weapons to hurt people and (b) provide an initial rationale of potential justifications.
179102.14116504051990.11.13+ Setting limits: a realistic assignment for the Medicare program?St Louis Univ Law J
ED Kinney,
180101.55160366512005.10.24++Rethinking research ethics.Am J Bioeth
R Rhodes,
Contemporary research ethics policies started with reflection on the atrocities perpetrated upon concentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research.
181101.53116530921995.02.17+ Liability for improper maintenance of life support: balancing patient and physician autonomy.Vanderbilt Law Rev
SI Addlestone,
182101.39116521201993.12.06++Prisoners of progress or hostages to fortune?J Law Med Ethics
D Morgan, L Nielsen,
The new reproductive technologies, especially in vitro fertilization (IVF), have extended the possibilities of assisted reproduction to the benefit of the childless couples. At the same time these technologies and their added techniques, however, have fragmented reproduction and exposed the human egg to intervention yet unknown....These possibilities have legal as well as ethical implications. The challenge is to obtain all the advantages of the reproduction revolution and avoid the disadvantages: to avoid becoming prisoners of progress, but to control the development and guide it in the directions we want. One of the problems is trying to foresee unwarranted consequences. Another is to agree upon which consequences are unwarranted and how they are best avoided or minimized. Although the questions that arise with respect to law, medicine and bioethics are similar all over the world, there are differences of a philosophical, economic, social, political, religious and even geographical nature which are not easily bridged. It is apparent, though, that core approaches are desirable. This article is an attempt to explore the ways in which these determinants have been manipulated in two European [Great Britain, Denmark] legal systems. We are interested in the ways in which those legal systems have been customized to provide temporary answers and marshalling points for regulating reproduction and we seek to make some observations on the ways in which laws, customs and values have been manipulated to produce pictures of the family and the way in which we want -- literally and figuratively -- to conceive of it in the 21st century.
183101.33116569431999.05.10+ Structuring the review of human genetics protocols, Part II: diagnostic and screening studies.IRB
KC Glass, C Weijer, T Lemmens, RM Palmour, SH Shapiro,
184101.29116512341992.09.23+ Legal issues in brain science advances.Courts Health Sci Law
M Downey,
185101.24116552271999.07.13+ Contemporary ethical codes of professional conduct.Dolentium Hominum
GH Rodriguez,
186101.14116600261996.01.29+ The constitutional right to suicide, the quality of life, and the "slippery slope": an explicit reply to lingering concerns.Akron Law Rev
GS Neeley,
187101.10116566911999.01.04++Compulsory sterilisation in Sweden.Bioethics
T Tännsjö,
In the Fall of 1997 the leading Swedish newspaper, Dagens Nyheter, created a media hype over the Swedish policy of compulsory sterilisation that had been in operation between 1935 and 1975. In the discussion that followed, the moral condemnation of our medical past was unanimous. However, the reasons for rejecting what had gone on were varied and mutually inconsistent. Three strands of criticism were common: the argument from autonomy, the argument from caution, and the argument from biological scepticism. In the paper it is argued that what point of departure you choose in your criticism of the past should be of consequence also for your ideas about present and future medical practice. In particular, if you rely on the argument from autonomy, you should be prepared to accept a liberal (present and future) use of reproductive techniques.
188101.09116541181995.02.14++Killing, letting die and moral perception.Bioethics
G Gillett,
There are a number of arguments that purport to show, in general terms, that there is no difference between killing and letting die. These are used to justify active euthanasia on the basis of the reasons given for allowing patients to die. I argue that the general and abstract arguments fail to take account of the complex and particular situations which are found in the care of those with terminal illness. When in such situations, there are perceptions and intuitions available that do not easily find propositional form but lead most of those whose practice is in the care of the dying to resist active euthanasia. I make a plea for their intuitions to be heeded above the sterile voice of abstract premises and arguments by examining the completeness of the outline form of the pro-euthanasia argument. In doing so, I make use of Nussbaum's discussion of moral perception and general claims to be found in the literature of moral particularism.
189101.05116526681994.03.30+ Constituting family and death through the struggle with state power: Cruzan v. Director, Missouri Department of Health.Univ Miami Law Rev
TA Ronzetti,
190101.01116540831994.05.06+ Family surrogate laws: a necessary supplement to living wills and durable powers of attorney.Villanova Law Rev
AA Hamann,
191100.98116584591985.01.04+ Medicine and human rights: emerging substantive standards and procedural protections for medical decision making within the American family.Fam Law Q
CH Baron,
192100.88116539171991.03.20+ Choosing life after death: respecting religious beliefs and moral convictions in near death decisions.Syracuse Law Rev
CK Goldberg,
193100.78116528721995.07.03+ Killing "the handicapped" -- before and after birth.Harv Women's Law J
MA Field,
194100.69116601011996.06.12+ The application of the criteria of the just war theories in the resolution of medical-ethical dilemmas at the bedside.Linacre Q
AB Baker,
195100.60116603191997.09.23+ Postmodern medicine: deconstructing the Hippocratic Oath.Forum Appl Res Public Policy
BA Rich,
196100.56116538471989.06.29+ Ethical issues in the conduct of research in long term care.Gerontologist
CK Cassel,
197100.44116452251993.06.03++Social justice, federal paternalism, and feminism: breast implants in the cultural context of female beauty.Kennedy Inst Ethics J
LS Parker,
In April 1992 the Food and Drug Administration (FDA) announced it was restricting the availability of silicone gel-filled breast implants to women enrolled in clinical trials. All candidates for breast reconstruction, but only a "very limited" number of augmentation candidates, would have access to the implants. This policy has been criticized as paternalistic, sexist, and unjustified by scientific data. I examine these charges and conclude that controversy surrounding the scientific data weakens the FDA's paternalistic mandate and that its policy of treating reconstruction and augmentation candidates differently results in increased social injustice and perpetuates cultural biases concerning female beauty and women's rights to control their bodies. I also argue that these cultural biases shape women's subjective experience of their physical selves and should not, contrary to some feminist arguments, be viewed as precluding their giving informed consent to breast surgery.
198100.36116596091993.10.29+ Rationing life.New York Rev Books
DJ Rothman,
199100.32116576112000.03.13+ Of assisted suicide and "The philosophers' brief.Ethics
PJ Weithman,
200100.21116594331992.09.29+ Hippocratic vs. Judeo-Christian medical ethics: principles in conflict.J Relig Ethics
RM Veatch, CG Mason,
201100.16116587101986.10.07+ Ethical considerations of the new reproductive technologies.Fertil Steril
202100.15116544801997.04.01+ Waiting for Hippocrates: the "right to die" and the U.S. Constitution.Linacre Q
CA Anderson,
203100.13122599791980.01.08+ The nurse practitioner in family planning services: law and practice.JOICFP Rev
R Roemer,
204100.09116559761990.07.11+ Medicolegal implications of constitutional status for the unborn: "ambulatory chalices" or "priorities and aspirations.Univ Tor Fac Law Rev
C Tolton,
20599.97116558561988.05.02+ Disabled newborns and the federal child abuse amendments: tenuous protection.Hastings Law J
SR Smith,
20699.94116547631997.10.15+ Legal aspects of genetics, work and insurance in North America and Europe.Eur J Health Law
MA Rothstein, BM Knoppers,
20799.79116586091986.02.24+ Female circumcision--is there a legal solution?J Soc Welfare Law
K Hayter,
20899.60116522851994.06.15+ Impaired nursing practice: ethical, legal and policy perspectives.Bioethics Forum
EJ Sullivan,
20999.36116497801987.07.16+ A decade of cementing the mosaic of Roe v. Wade: is the composite a message to leave abortion alone?Univ Toledo Law Rev
KE Kudner,
21099.36116544891997.04.04+ Physician-assisted suicide: appellate court rulings.Issues (St Louis Mo)
D Brodeur,
21199.32116605881999.09.07+ Testimony of LeRoy Walters.Account Res
LB Walters,
21299.30116456221989.09.22+ Where in the world are we going with the new genetics?J Contemp Health Law Policy
JC Fletcher,
21399.26116428231991.02.05+ Role responsibilities in clinical bioethics: the dialectic of consultation -- comments on the case presented by Barbara Springer Edwards.J Clin Ethics
TF Dagi,
21499.18116537841988.01.28++Ethical and policy issues in rehabilitation medicine.Hastings Cent Rep
AL Caplan, D Callahan, J Haas,
The field of medical rehabilitation is relatively new....Until recently, the ethical problems of this new field were neglected. There seemed to be more pressing concerns as rehabilitation medicine struggled to establish itself, sometimes in the face of considerable skepticism or hostility. There also seemed no pressing moral questions of the kind and intensity to be encountered, say, in high-technology acute care medicine or genetic engineering....Those in biomedical ethics could and did easily overlook the quiet, less obtrusive issues of rehabilitation....The Hastings Center set out in 1985 to rectify that situation....To explore the issues, the Center assembled a group of practitioners in the field, Hastings Center staff members, and individuals experienced in other areas of medical ethics....The report that follows was written by Arthur Caplan and Daniel Callahan, assisted by Dr. Janet Haas of the Moss Rehabilitation Hospital in Philadelphia....
21599.12116606271999.12.13++The mettle of moral fundamentalism: a reply to Robert Baker.Kennedy Inst Ethics J
TL Beauchamp,
This article is a reply to Robert Baker's attempt to rebut moral fundamentalism, while grounding international bioethics in a form of contractarianism. Baker is mistaken in several of his interpretations of the alleged moral fundamentalism and findings of the Advisory Committee on Human Radiation Experiments. He also misunderstands moral fundamentalism generally and wrongly categorizes it as morally bankrupt. His negotiated contract model is, in the final analysis, itself a form of the moral fundamentalism he declares bankrupt.
21699.09116596651994.02.07+ Massachusetts parental/judicial consent law for minors' abortions: perspectives on the past, present, and future.New Engl Law Rev
MA Joseph,
21798.91116498861988.03.17+ The right of elderly patients to refuse life-sustaining treatment.Milbank Q
GJ Annas, LH Glantz,
21898.82116458011992.10.09++It never dies: assessing the Nazi analogy in bioethics.J Med Humanit
CS Campbell,
...As should be evident from the foregoing analysis, I have significant reservations about the moral utility of the Nazi analogy in debates over bioethics issues. Nevertheless, I am unable to dismiss its force entirely. I want to suggest that the real threat to the moral and human values expressed by the analogy will come not from responsibly formulated and clearly articulated proposals that undergo debate and scrutiny in the public forum, and whose practical impact in a democratic society is limited by institutional review and procedural safeguards. My concern instead is with the psychology of moral distancing, in which moral conscience is compartmentalized from vocational interests, such as the pursuit of scientific knowledge through biomedical research. It is the kind of psychology that Robert Jay Lifton has referrred to as "doubling: the division of the self into two functioning wholes, so that a part-self acts as an entire self," and which Lifton believes enabled the transformation of physicians from healers to killers in Nazi Germany....
21998.80116565881997.09.16+ Assisted suicide: still a wonderful life?Notre Dame Law Rev
ME Chopko, MF Moses,
22098.77116608042000.10.13+ Ethical aspects of genetic testing.Whittier Law Rev
CE Fruchtman, FC Pizzulli,
22198.77116428241991.02.06+ Missing the point: comments on the case presented by Barbara Edwards Commentary: the many styles of clinical ethics.J Clin Ethics
LJ O'Connell, H Yeide,
22298.67116599631995.08.04+ Abortion, ethics, and the common good: Who are we? What do we want? How do we get there?Marquette Law Rev
RJ Araujo,
22398.64116593081991.07.01+ Sanctity of life, quality of life, and social justice.Theol Stud
LS Cahill,
22498.59116438211986.02.14+ Biomedical ethics.JAMA
L Walters,
22598.57116576402000.04.04+ Beyond guardianship reform: a reevaluation of autonomy and beneficence for a system of principled decision-making in long term care.Emory Law J
AP Barnes,
22698.52116542091996.01.23++Being skeptical about the medical humanities.J Med Humanit
J Rogers,
In this paper the author challenges the prevailing view that contemporary writing in the medical humanities is serving the needs of the various health care disciplines. The current medical humanities literature assumes that physicians are the appropriate target group. This is most notably the case within health care ethics literature. There appears to be an unexamined assumption that physician-centric approaches to clinical ethical decision-making are the standard by which appropriate ethical practice is judged. The author challenges this assumption and addresses the problems that this approach engenders. The medical humanities literature appears to reinforce hierarchical, patriarchal arrangements which are themselves not morally neutral.
22798.45116569121999.04.23+ The IRB's role in assessing the generalizability of non-NIH-funded clinical trials.IRB
C Weijer,
22898.26116516961984.03.01+ Values and public health: value considerations in setting health policy.Theor Med
M Lappé,
22998.17116560531991.07.17+ Feminist litigation: an oxymoron? -- a study of the briefs filed in William L. Webster v. Reproductive Health Services.Harv Women's Law J
R Colker,
23098.12116516471993.10.13+ Walking a thin line: distinguishing between research and medical practice during Operation Desert Storm.Columbia J Law Soc Probl
EJ Schuchardt,
23198.10116524961987.12.08+ Annual report of Council, 1986-1987: medical ethics.Br Med J (Clin Res Ed)
23298.08116525981992.11.06+ Overlooking the merits of the individual case: an unpromising approach to the right to die.Ratio Juris
J Feinberg,
23398.04116561531993.02.26+ How not to promote serious deliberation about abortion.Univ Chic Law Rev
MW McConnell,
23497.95116492651990.03.22+ Active euthanasia: can it be justified?Euthan Rev
FA Molenda,
23597.80116589041988.03.15+ Informed consent, termination of medical treatment, and the Federal Tort Claims Act: a new proposal for the military health care system.Mil Law Rev
SE Deardorff,
23697.79116533501996.11.08+ To be or not to be: assisted suicide revisited.Omega (Westport)
EW Markson,
23797.57116595731993.09.21+ Tribe's judicious feminism -- Abortion: The Clash of Absolutes.Stanford Law Rev
AL Allen,
23897.50116543911997.01.21+ Ethical issues in managed care: guidelines for clinicians and recommendations to accrediting organizations.Bioethics Forum
JD Biblo, MJ Christopher, L Johnson, RL Potter,
23997.46116571431999.08.30+ The doctor-proxy relationship: an untapped resource: introduction.J Law Med Ethics
LF Post, J Blustein, NN Dubler,
24097.39120412851997.06.30+ Vacco v. Quill.Wests Supreme Court Report
24197.28116510461992.02.03+ Patient-funded research: paying the piper or protecting the patient?IRB
EH Morreim,
24297.28116588691987.12.20+ "Alas! poor Yorick," I knew him ex utero: the regulation of embryo and fetal experimentation and disposal in England and the United States.Vanderbilt Law Rev
NP Terry,
24397.26116428971991.10.31++Setting health care priorities: Oregon's next steps.Hastings Cent Rep
CJ Dougherty,
Since the proposal was first broached in 1987, a storm of controversy has engulfed Oregon's plan to prioritize the health care services offered to its Medicaid recipients. After two years of debate, community consultation, and public opinion polls, the Oregon Health Services Commission was mandated in 1989 to study prioritization as part of a package of bills enacted as the Oregon Basic Health Services Act. In March 1990 the commission released a draft list of ranked health care services for public comment...As part of the ongoing debate, the Hastings Center and the Wesley Foundation sponsored a two-day meeting in January 1991 in Wichita, Kansas, to provide opportunity for thoughtful, in-depth, informal analysis of the OBHSA model for health care reform...a majority felt that OBHSA, in the framework of progress toward larger reform goals, is an experiment worth trying. Some felt that even if OBHSA doesn't attain its larger goals it should be tried since it will extend access and may lead to better health outcomes among the poor. But the general view was that OBHSA is a valuable experiment only to the extent that it leads to a statewide system of universal health insurance in Oregon without creating special burdens for the state's poor....
24497.20116430551992.08.05++A libertarian critique of H. Tristram Engelhardt, Jr.'s The Foundations of Bioethics.J Clin Ethics
S Fry-Revere,
Conclusion: Although Engelhardt's The Foundations of Bioethics is an impressive work, it is plagued by problems of justification, conceptual confusion, and inconsistencies....A libertarian theory can arrive at the same basic requirements of mutual respect, autonomy, nonuse of force, and tolerance for a wide range of diverse life styles without relying on a lowest-common-denominator principle and without depriving fetuses, infants, and the mentally retarded of their status as persons. This can be done by taking a deontological approach to libertarian theory that denies that all moral beliefs are worthy of respect. Some beliefs, such as Engelhardt's belief that fetuses, infants, and the mentally retarded are nonpersons, simply fall beneath the floor of acceptable moral alternatives, even in a libertarian society, because such beliefs are based on a misunderstanding of personhood and violate the principle of mutual respect.
24597.13116607722000.09.12+ Regulating the business of medicine: models for integrating ethics and managed care.Columbia J Law Soc Probl
AC Regan,
24697.08116492571989.02.09+ Medical decision making during a surrogate pregnancy.Houst Law Rev
TW Mayo,
24797.05116550371998.02.02+ The institutional context for research.Prof Ethics
EM Berger, B Gert,
24897.00116566541998.04.15++Ethical issues in managed care: a Catholic Christian perspective.Christ Bioeth
ED Pellegrino,
A Christian analysis of the moral conflicts that exist among physicians and health care institutions requires a detailed treatment of the ethical issues in managed care. To be viable, managed care, as with any system of health care, must be economically sound and morally defensible. While managed care is per se a morally neutral concept, as it is currently practiced in the United States, it is morally dubious at best, and in many instances is antithetical to a Catholic Christian ethics of health care. The moral status of any system of managed care ought to be judged with respect to its congruence with Gospel teachings about the care of the sick, Papal Encyclicals, and the documents of the Second Vatican Council. In this essay, I look at the important conceptual or definitional issues of managed care, assess these concerns over against the source and content of a Catholic ethic of health care, and outline the necessary moral requirements of any licit system of health care.
24996.98116526331993.07.22+ The values history: a new standard of care.Emory Law J
BA Rich,
25096.96116517691985.08.19+ Non-patient decision-making in medicine: the eclipse of altruism.J Med Philos
MP Battin,
25196.92116533951996.12.23+ Research ethics after World War II: the insular culture of biomedicine.Kennedy Inst Ethics J
AM Brandt, L Freidenfelds,
25296.90116517751985.09.09+ Life and death decisions in the nursery: standards and procedures for withholding lifesaving treatment from infants.NY Law Sch Law Rev
SR Smith,
25396.83116445031989.06.05+ Practical ethics in pediatrics.Curr Probl Pediatr
DJ Coulter, TH Murray, MC Cerreto,
25496.80116508851990.06.14+ The "small beginnings" of euthanasia: examining the erosion in legal prohibitions against mercy-killing.Notre Dame J Law Ethics Public Policy
CE Koop, ER Grant,
25596.67123088321980.01.08 Illinois, Massachusetts: governors veto restrictions on state funds for abortion.JOICFP Rev
25696.58116457411993.05.12+ Abortion politics, science, and research ethics: take down the wall of separation.J Contemp Health Law Policy
JC Fletcher,
25796.51116562641994.02.16+ Abortion logic and paternal responsibilities: one more look at Judith Thomson's "A defense of abortion.Public Aff Q
KJ Pavlischek,
25896.27116591851990.02.21+ Should there be governmental guidelines in bioethics? The French approach.Boston College Int Comp Law Rev
C Labrusse-Riou,
25996.20116592431990.10.11+ Someone make up my mind: the troubling right to die issues presented by incompetent patients with no prior expression of a treatment preference.Notre Dame Law Rev
SM Richard,
26096.09116446301994.11.16+ Furthering the dialogue on advance directives and the Patient Self-Determination Act.Camb Q Healthc Ethics
EH Loewy, LP Ulrich, M Bedolla, RT Tucker, M McCabe,
26195.96116542861996.06.25+ The role of minors in health care decision making: current legal issues.Bioethics Forum
DJ Waxse,
26295.94116606772000.02.29+ Decisions and responsibilities at the end of life: euthanasia and clinically assisted death.Med Law Int
H Biggs,
26395.92116544741997.04.02+ Statutory prohibitions and the regulation of new reproductive technologies under federal law in Canada.McGill Law J
P Healy,
26495.91116533991996.12.23+ Examining the ethics of human subjects research.Kennedy Inst Ethics J
PS Appelbaum,
26595.82116612491979.04.01+ Medical ethics in a revolutionary age.J Curr Soc Issues
RM Veatch,
26695.82116548511997.12.11+ Life and death decisions: "Die, my dear doctor? That's the last thing I shall do!Eur J Health Law
A Morris,
26795.78116596261994.01.10+ From control over one's body to control over one's body parts: extending the doctrine of informed consent.N Y Univ Law Rev
SN Perley,
26895.76116589331988.05.20+ Patients, agents, and informed consent.J Law Health
JG Haber,
26995.75116607372000.07.06+ The Human Genome Initiative, women's rights and reproductive decisions.Reprod Health Matters
RA Charo,
27095.70116597261994.06.06+ Accountability in research using persons with mental illness.Account Res
AE Shamoo, DN Irving,
27195.68116526831995.01.18+ A clash at the bedside: patient autonomy v. a physician's professional conscience.Hastings Law J
JF Daar,
27295.65116497261986.08.05+ Human organ sales.Ann R Coll Physicians Surg Can
JR Williams,
27395.64116597021994.04.27+ Involuntary sterilization of mentally disabled women.Berkeley Womens Law J
R Cepko,
27495.61116429821992.10.16+ Ethics in critical care: practitioners discuss collaborative approaches to decision making.QRB Qual Rev Bull
R Benes, K Brobst,
27595.58116538291989.04.13+ Informed consent in the clinical research setting: experimentation on human subjects.Med Trial Tech Q
JF Owens,
27695.55116548001997.10.31+ Adolescent access to contraception: a rights-based approach.Politics Life Sciences
C Albisa,
27795.52116546681997.08.15+ The ethical physician as negative gatekeeper?Linacre Q
M Manning,
27895.47116515241993.08.05++What has bioethics to offer the developing countries.Bioethics
RZ Qiu,
My paper consists of three parts. In the first part I try to explain the intellectual basis of bioethics in developing countries. In the second part I describe the bioethical dilemmas facing these countries. In the third part I shall discuss the changes that have to be made in bioethics if it is to take root in these countries, and thereby help them to improve the human existence.
27995.39116604341998.07.01+ Genetic fallout: new technologies are changing the legal landscape.Trial
LB Andrews,
28095.38116605371999.05.03+ To die with dignity: comparing physician assisted suicide in the United States, Japan, and the Netherlands.Wash Univ Law Q
AC Hall,
28195.37116574061998.02.04+ Reclaiming the medical profession: the military profession as a model.Prof Ethics
JP Whitman,
28295.25116533961996.12.23++The controversy over retrospective moral judgment.Kennedy Inst Ethics J
A Buchanan,
The mandate of the U.S. Advisory Committee on Human Radiation Experiments required that the Committee take a position on the validity of retrospective moral judgments. However, throughout its period of operation, the Committee remained divided on the question of whether sound judgments of individual culpability and wrongdoing should be included in its Final Report. This essay examines the arguments that various committee members marshalled to support their opposing views on retrospective moral judgment and explains the significance of the controversy.
28395.21116564781996.06.12+ Bioethics and the challenge of the post-consensus society.Ethics Med
NM Cameron,
28495.17116533531996.11.08+ Renewing the covenant with patients and society.Linacre Q
J Bernardin,
28595.15116526871995.01.24+ Physician responsibility and the right to "death care": the call for physician-assisted suicide.Drake Law Rev
JL Hoehne,
28695.14116583281983.03.07+ Legal and ethical concepts involved in informed consent to human research.Calif West Law Rev
KJ Woody,
28795.14116548071997.10.31+ Adolescent sexuality and public policy: a human rights response.Politics Life Sciences
HD Roscam Abbing,
28895.08116563421995.01.24+ Addicted pregnancy as a sex crime.North Ill Univ Law Rev
L Schmall,
28995.06116597871994.08.29+ Moral perspectives on euthanasia.Stud Christ Ethics
R Gula,
29094.94116521891994.01.26+ "Thou shalt not kill": a case against active euthanasia.Humane Med
EC Hui, WB Gibbard,
29194.91116523251994.08.15+ The ethics of health care rationing.Public Aff Q
MA Hall,
29294.89116597551994.07.07+ People with pipes: a question of euthanasia.Univ Puget Sound Law Rev
S Machler,
29394.80116589651988.06.15+ Code of ethics: CMA policy summary.CMAJ
29494.68116524781987.02.18+ Quality of life, sanctity of creation: palliative or apotheosis?Neb Law Rev
GP Smith,
29594.66116518551987.06.30+ Infant Doe and Baby Jane Doe: medical treatment of the handicapped newborn.Linacre Q
DJ Horan, BJ Balch,
29694.54116538861990.07.05+ Reproductive controls and sexual destiny.Bioethics
TF Murphy,
29794.49116547541997.09.26+ The Institute of Medicine's report on women and health research: implications for IRBs and the research community.IRB
KH Rothenberg,
29894.45116597391994.06.21+ Consent, autonomy and the infantilised patient.Med Law Int
P Robertshaw, R Thacker,
29994.39123448711994.01.06+ Preventing HIV transmission in "priority" countries.Network
WR Finger,
30094.36116562701994.03.01 Rethinking (m)otherhood: feminist theory and state regulation of pregnancy.Harv Law Rev
30194.35116534021996.12.23+ Principles and pragmatism.Kennedy Inst Ethics J
RA Charo,
30294.32116531581996.02.29+ Posthumous reproduction.Indiana Law J
JA Robertson,
30394.30116457561993.03.02+ Medical ethics in a time of de-Communization.Kennedy Inst Ethics J
R Baker,
30494.27116567251999.02.05+ Medical-halachic decisions of Rabbi Shlomo Zalman Auerbach (1910-1995).Assia Jew Med Ethics
A Steinberg,
30594.26116520851993.05.26+ Strong Medicine, by Paul T. Menzel.Bioethics
J Savulescu,
30694.25116502481989.12.11+ All's well that ends well: toward a policy of assisted rational suicide or merely enlightened self determination?
GP Smith,
30794.19116611071979.04.01+ Medical and psychological experimentation on California prisoners.
F Herch, R Flower,
30894.01116574652000.01.27+ Jehovah's Witnesses, pregnancy, and blood transfusions: a paradigm for the autonomy rights of all pregnant women.J Law Med Ethics
JK Levy,
30993.86116484171996.06.24+ Compassion in Dying v. State of Washington.
31093.81116584441984.11.07+ The law of patient care in Massachusetts.Mass Law Rev
M Broad,
31193.74116545481997.05.27+ The rights of patients in Europe.Eur J Health Law
H Leenen,
31293.72116595791993.09.23+ Abortion rights of young women: the Supreme Court attacks the most vulnerable.Washburn Law J
S Heller,
31393.69116513811996.07.31+ Surrogate consent and the incompetent experimental subject.Food Drug Cosmet Law J
PM Bein,
31493.60116527371995.02.23+ Euthanasia and medical practice in the UK.Ethics Med
31593.59116514401993.05.07+ Controlling conflicts of interest in the doctor-patient relationship: lessons from Moore v. Regents of the University of California.Mercer Law Rev
JM Healey, KL Dowling,
31693.39116548771998.01.09+ Structuring the review of human genetics protocols: gene localization and identification studies.IRB
KC Glass, C Weijer, RM Palmour, SH Shapiro, TM Lemmens, K Lebacqz,
31793.34116552041998.06.29++A legacy of silence: bioethics and the culture of pain.J Med Humanit
BA Rich,
For over 20 years the medical literature has carefully documented the undertreatment of all types of pain by physicians. During this same period, as the field of bioethics came of age, the phenomenon of undertreated pain received almost no attention from the bioethics literature. This article takes bioethicists to task for failing to recognize the undertreatment of pain as a major ethical, and not merely a clinical, failing of the medical profession. The nature and extent of the problem of undertreated pain is examined, as well as possible reasons for its disregard by bioethicists. The factors contributing to undertreated pain in the clinical setting are considered, as well as the hazards posed by recent failures to address ethically questionable clinical practices. Finally, suggestions are offered for refocusing the attention of bioethicists to this significant problem.
31893.34116575812000.03.01+ Health and eugenics practices: looking towards the future.Eur J Health Law
CM Romeo-Casabona,
31993.33116456131989.03.28+ Genetic testing in the workplace.J Contemp Health Law Policy
L Rowinski,
32093.32116578752000.07.20+ Regulatory orphans: juvenile prisoners as transvulnerable research subjects.IRB
JG Reed,
32193.30116456991991.09.19++Morality in flux: medical ethics dilemmas in the People's Republic of China.Kennedy Inst Ethics J
RZ Qiu,
The bioethical dilemmas receiving the most attention in China now relate to the two ends of life: birth and death. On one end are issues relating to reproductive technology, especially birth control and family planning; at the other end is euthanasia...More research and discussion among people from various fields is needed. Progress will be made one step at a time, and I recommend that we proceed now to win acceptance of brain death criteria; to make clear the distinctions between passive and active euthanasia,...to encourage the use of living wills; and to protect the interests of newborns who are not terminally ill, including those with mild defects. In the changing context of modernization, in which different and even incompatible value systems must coexist, it is best for us to approach the ethical dilemmas facing us with mutual respect and understanding.
32293.30116523231994.09.14+ Medical insurance payments and patients involved in research.IRB
AR Holder,
32393.21116509611991.07.18+ Euthanasia: law and morality.Auckl Univ Law Rev
P Key,
32493.18116552281999.07.13+ The Charter for Health Care Workers: a synthesis of Hippocratic ethics and Christian morality.Dolentium Hominum
B Honings,
32593.14116524611986.10.10+ Annual report of Council, 1985-1986: medical ethics.Br Med J (Clin Res Ed)
32693.13116456901991.10.03+ Mengele's birthmark: the Nuremberg Code in United States courts.J Contemp Health Law Policy
GJ Annas,
32793.09116498831988.03.18+ Legal perceptions and medical decision making.Milbank Q
MB Kapp, B Lo,
32893.03116545181997.04.17+ A communal model for presumed consent for research on the neurologically vulnerable.Account Res
DC Thomasma,
32993.02116571441999.08.30+ The legal and functional status of the medical proxy: suggestions for statutory reform.J Law Med Ethics
CP Sabatino,
33093.02116532011996.05.07+ Bioethics in the courts: summaries of selected judicial decisions, 1989 to 1995.
LJ Nelson,
33193.01116518961988.05.23+ Medical and psychotherapy privileges and confidentiality: on giving with one hand and removing with the other.KY Law J
SR Smith,
33292.87116606191999.11.29+ Silent no more: physicians' legal and ethical obligations to patients seeking abortions.Rev Law Soc Change
SA Law,
33392.85116598591995.02.21+ Tarasoff down under: the psychiatrist's duty to warn in Australia.J Psychiatry Law
D Mendelson, G Mendelson,
33492.77123088331980.01.08 Family planning funds increased tenfold since FY 1971 while staff remained constant.JOICFP Rev
33592.76116565851997.08.13+ Surrogate gestator: a new and honorable profession.Marquette Law Rev
JD Ingram,
33692.76116571421999.08.30+ Commentary: from contract to covenant in advance care planning.J Law Med Ethics
JJ Fins,
33792.74116548541997.12.22++Complexity of ethical decision making in psychiatry.Ethics Behav
B Morenz, B Sales,
Psychiatric residents and psychiatrists have little difficulty in making judgments about a clinical course of action to take with patients. However, making ethical clinical decisions is more challenging, because psychiatric residents are usually provided little formal training in ethics. Further, many ethical dilemmas are complex, requiring knowledge of the psychiatric profession's ethics code, moral principles, law, and practice standards and of how they should be weighed in the decision-making process. The purpose of this article is to demonstrate this complexity in regard to the identification of potential ethical dilemmas, understanding the issues that these dilemmas raise, and formulating potential solutions to them. Two common but important areas of treatment in which ethical dilemmas arise (informed consent and competence of care) are used as examples for our presentation. The article demonstrates that to successfully engage in ethical analysis in psychiatry is impossible without substantial formal training in the process.
33892.65116579652000.08.03+ A reappraisal of female adolescent participation in drug clinical trials.IRB
TM VandenBosch, BG Ward, D Mattison,
33992.65116512061992.09.24+ Regulating ethics committees in health care institutions -- is it time?MD Law Rev
D Hoffman,
34092.64116574051998.01.23+ Freedom and moral diversity: the moral failures of health care in the welfare state.Soc Philos Policy
HT Engelhardt,
34192.60116493511992.11.20++Sexual intimacies with clients after termination: should a prohibition be explicit?Ethics Behav
MJ Vasquez,
The Revisions Task Force of the Ethics Committee of the American Psychological Association (APA) has proposed that prohibition of sexual intimacies with clients after termination of therapeutic relationships be made an explicit part of the new code. This decision was based on much careful deliberation and input from various individuals and groups. This article supports the proposed change and provides a rationale based on emerging theoretical positions and research findings regarding risks to clients, risks to professionals, and risks to the various mental health professions. The revision would read, "Psychologists do not engage in sexual intimacies with current or former psychotherapy clients."
34292.54116543731997.01.15+ Just caring: assisted suicide and health care rationing.Univ Detroit Mercy Law Rev
LM Fleck,
34392.53116560441991.07.05+ Political effects of court decisions on abortion: a comparison between the United States and the German Federal Republic.Int J Law Fam
J George,
34492.52116601451996.07.24+ Teaching medical ethics.Q J Med
SR Benatar,
34592.52116586681986.07.24+ Abortion and the consideration of fundamental, irreconcilable interests.Syracuse Law Rev
CJ Jones,
34692.45116596871994.03.16+ Abandoned but not forgotten: the illegal confinement of elderly people in state psychiatric institutions.Rev Law Soc Change
AS Kanter,
34792.37116513011992.12.03+ The Shulman case and the right to refuse treatment.Humane Med
B Sneiderman,
34892.37116457571993.03.02+ The Code of Medical Ethics.Kennedy Inst Ethics J
34992.37116589501988.06.02+ The judge in the delivery room: the emergence of court-ordered cesareans.Calif Law Rev
NK Rhoden,
35092.34116593431991.09.17+ Does obstetric ethics have any role in the obstetrician's response to the abortion controversy?Am J Obstet Gynecol
FA Chervenak, LB McCullough,
35192.30116583851984.03.12+ Saving defective infants: options for life or death.America (NY)
JJ Paris, RA McCormick,
35292.25116607712000.09.12+ Demanded medical care.Ariz State Law J
J Menikoff,
35392.12116597651994.08.01+ Resolving the abortion debate: compromise legislation, an analysis of the abortion policies of the United States, France and Germany.Suffolk Transnatl Law R
BL Hertberg,
35492.11116563281994.11.07+ Children's competence to provide informed consent for mental health treatment.Wash Lee Law Rev
RE Redding,
35592.10116538851990.06.08++The ethics of home care: autonomy and accommodation.Hastings Cent Rep
B Collopy, N Dubler, C Zuckerman,
The following report offers an initial exploration of home care and its distinctive ethical problems, particularly in the area of autonomy and allocation, and specifically with regard to the frail elderly...The principal source of the report was a...research project of The Hastings Center and the Division of Legal and Ethical Issues in Health Care at Montefiore Medical Center. This project was part of a...program in which the Retirement Research Foundation supported...research projects on the autonomy of the elderly in long term care...Additional material...comes from a Hastings Center project...This earlier project involved a comparative study of home care for the elderly and community-based care of the mentally ill. It provided an initial exploration of many of the ethical issues crucial to this report....
35692.06116604751999.01.04+ The genetics revolution, economics, ethics, and insurance.J Bus Ethics
PL Brockett, ES Tankersley,
35792.05116564471996.03.26+ Autonomy's dominion: Dworkin on abortion and euthanasia.Law Soc Inq
JA Robertson,
35892.01116525551990.06.19+ Death with dignity and the sanctity of life.Commentary
LR Kass,
35991.97116589011988.03.04+ Ethical issues in research with abused children.Child Abuse Negl
EM Kinard,
36091.96116498001987.07.16+ The Virginia Natural Death Act--a critical analysis.Univ Richmond Law Rev
JG Murphy,
36191.93116553731999.01.13++Conscience and conscientious actions in the context of MCOs.Kennedy Inst Ethics J
JF Childress,
Managed care organizations can produce conflicts of obligation and conflicts of interest that may lead to problems of conscience for health care professionals. This paper provides a basis for understanding the notions of conscience and conscientious objection and offers a framework for clinicians to stake out positions grounded in personal conscience as a way for them to respond to unacceptable pressures from managers to limit services.
36291.87116578122000.06.27+ In the name of national security: lessons from the final report on the human radiation experiments.Eur J Health Law
T Lemmens,
36391.85116577042000.05.16+ The sanctity of human life: Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom, by Ronald Dworkin.Yale Law J
E Rakowski,
36491.84116446481995.05.02+ Is compromise possible? Medical and philosophical views on euthanasia.J Palliat Care
AW Frank,
36591.84116592231990.07.12+ Ethical considerations of the new reproductive technologies.Fertil Steril
36691.78116584301984.10.29+ The right to die on the slippery slope.Soc Theory Pract
JD Arras,
36791.76116592061990.05.04+ Conceiving to abort and donate fetal tissue: new ethical strains in the transplantation field -- a survey of existing law and a proposal for change.UCLA Law Rev
JS Bregman,
36891.71116452851995.05.03+ On the bioethics front: the power of the nonrational in demands for marginally beneficial or useless treatments.Second Opin
EW Young,
36991.71116602491997.04.04+ Ethical issues and legalizing physician-assisted suicide.Issues (St Louis Mo)
D Brodeur,
37091.70116541711995.07.11++Deception methods in psychology: have they changed in 23 years?Ethics Behav
JE Sieber, R Iannuzzo, B Rodriguez,
To learn whether criticism and regulation of research practices have been followed by a reduction of deception or use of more acceptable approaches to deception, the contents of all 1969, 1978, 1986, and 1992 issues of the Journal of Personality and Social Psychology were examined. Deception research was coded according to type of (non)informing (e.g., false informing, consent to deception, no informing), possible harmfulness of deception employed (e.g., powerfulness of induction, morality of the behavior induced, privacy of behavior), method of deception (e.g., bogus device or role, false purpose of study, false feedback), and debriefing employed. Use of confederates has been partly replaced by uses of computers. "Consent" with false informing declined after 1969, then rose in 1992. Changes in the topics studied (e.g., attribution, socialization, personality) largely accounted for the decline in deception in 1978 and 1986. More attention needs to be given to ways of respecting subjects' autonomy, to appropriate debriefing and desensitizing, and to selecting the most valid and least objectionable deception methods.
37191.7096587391998.07.28+ The standard of disclosure in human subject experimentation.J Leg Med
K Morin,
37291.70116569351999.05.05++When should "riskier" subjects be excluded from research participation?Kennedy Inst Ethics J
D Wendler,
The exclusion of potential subjects based on increased risks is a common practice in human subjects research. However, there are no guidelines to ensure that this practice is conducted in a systematic and fair way. This gap in the literature and regulation is addressed by a specific account of a "condition on inclusion risks" (CIR), a condition under which potential subjects should be excluded from research on the basis of increased risks. This account provides a general framework for assessing standard exclusions as well as more controversial ones such as the exclusion of pregnant women and women of childbearing potential from certain types of research.
37391.69116486131994.05.05+ In re Baby K.
37491.68116581232000.10.12+ Toward increased public representation on bioethics committees: lessons from judging the Cold War human radiation experiments.Account Res
C Szetela,
37591.66116575782000.02.29+ Medical research and Alzheimer's disease: a study of the hazards of conducting research on the incompetent patient.Med Law Int
P Moodie, M Wright,
37691.63116508921990.07.24+ Sexual relationships between therapist and patient -- different countries, different treatment.J Psychiatry Law
PG Coleman,
37791.61116458611988.07.04+ Paul Ramsey, principled Protestant casuist: a retrospective.Med Humanit Rev
RA Carson,
37891.59116565131996.11.18+ The Tuskegee syphilis experiment: medical ethics, constitutionalism, and property in the body.
B Roy,
37991.52116589811988.07.08+ A dilemma for institutions with consciences.America (NY)
JM Grondelski,
38091.48116525811992.02.25+ When is there a constitutional "right to die"? When is there no constitutional "right to live"Georgia Law Rev
Y Kamisar,
38191.42116598341995.02.06++Bringing the hospital home: ethical and social implications of high-tech home care.Hastings Cent Rep
JD Arras, NN Dubler,
...As we have seen, many uses of high-tech home care are viewed by willing individuals and families as unalloyed benefits, as cherished opportunities to be with loved ones at home rather than in a hospital, or to resume a normal life outside the home. In this section, we shall dwell on the darker side, investigating the more problematic implications of high-tech home care for patients and caregivers. Here we examine a set of ethical and social problems that, while not being unique to this form of care, at least display a characteristic "spin" in their high-tech environment.
38291.42116502841990.03.27+ The paradoxical case of payment as benefit to research subjects.IRB
R Macklin,
38391.40116520681993.02.26+ Regulating women's bodies: the adverse effect of fetal rights theory on childbirth decisions and women of color.Harv Civ Rights-Civil Lib Law Rev
DJ Krauss,
38491.37116590451989.02.17+ The 'right' to die: the case for and against voluntary passive euthanasia.Disabil Handicap Soc
RT Goldberg,
38591.34116547721997.10.24+ Presidential address: bioethics and social responsibility.Bioethics
D Wikler,
38691.29116581592000.10.16+ Physician-assisted death: an essay on constitutional rights and remedies.MD Law Rev
SA Law,
38791.28116561311993.01.26+ To bear or not to bear: reproductive freedom as an international human right.Brooklyn J Int Law
BE Hernández,
38891.26116575102000.03.01+ The right to health in national and international jurisprudence.Eur J Health Law
A Hendriks,
38991.25116603051997.08.15+ Shared decision making: the ethics of caring and best respect.Bioethics Forum
JE Beltran,
39091.23116519181989.02.02+ The Hastings Center guidelines on forgoing treatment.
AP Mead,
39191.19116476861996.08.30+ Tangled lifeline.Washington Post
S Cohen,
39291.19116541371995.04.04+ Euthanasia.BMJ
AM Smith, R Twycross, P Madeley, J Gilbert, V Ventafridda, HJ Thomson, A Fergusson, PJ Saunders, IG Finlay, P Norris, B Ward, P Tate,
39391.14116498291987.10.22+ Should foetuses or infants be utilized as organ donors?Bioethics
AL Caplan,
39491.11116642671979.04.01+ Experimentation on humans and gifts of tissue: Articles 20-23 of the Civil Code.McGill Law J
WF Owker,
39591.07116543191996.09.17+ Herding cats and reforming the American health care system.J Law Med Ethics
LK Stell,
39691.02116599411995.06.29+ Ethics of Research Involving Children: Proceedings of a National Workshop.NCBHR Commun
39790.93116550221998.03.06+ The road not to travel: a comment on Deborah Mathieu's proposal to mandate outpatient treatment for pregnant substance abusers.Politics Life Sciences
P Peretz, JR Schroedel,
39890.86116593931992.06.03+ Medical treatment rights of older persons and persons with disabilities.Clgh Rev
39990.84116458941995.03.07++The reproduction of America.J Med Humanit
K Rudy,
...This essay draws a connection between the medical procedures produced by new reproductive technologies, most specifically the use of pre-natal tests which result in abortion, and the dictates of American liberal theory. There is, I believe, a strong link between certain contemporary American abortion practices and American liberalism's formulation of and emphasis on rational individualism. The touchstone and criterion of reason as the sole measure of humanity has influenced the conditions under which we reproduce, and consequently, when we abort. Although America purports to offer certain kinds of freedom to all individuals, only those who exercise the capacity for rationality are in fact permitted to reap the benefits of liberal society.
40090.83116605071999.02.25+ Reservations about women: population policy and reproductive rights.Cornell Int Law J
P Abrams,
40190.83116594121992.07.15+ The human preembryo, the progenitors, and the state: toward a dynamic theory of status, rights, and research policy.High Technol Law J
PA Martin, ML Lagod,
40290.82116605831999.08.30+ The informed-consent policy of the International Conference on Harmonization of Technical Requirements for Registration of Pharmaceuticals for Human Use: knowledge is the best medicine.Cornell Int Law J
MD Miller,
40390.76116558571988.04.06+ Infant care review committees: an effective approach to the Baby Doe dilemma?Hastings Law J
RS Shapiro, R Barthel,
40490.75116590491989.06.14+ Informed consent in human experimentation: bridging the gap between ethical thought and current practice.UCLA Law Rev
R Delgado, H Leskovac,
40590.72122842941992.02.03+ A major challenge. Entrepreneurship characterizes the work of the Soviet Family Health Association.Integration
IA Manuilova,
40690.60116606281999.12.13++Ethics and policy in embryonic stem cell research.Kennedy Inst Ethics J
JA Robertson,
Embryonic stem cells, which have the potential to save many lives, must be recovered from aborted fetuses or live embyros. Although tissue from aborted fetuses can be used without moral complicity in the underlying abortion, obtaining stem cells from embryos necessarily kills them, thus raising difficult questions about the use of embryonic human material to save others. This article draws on previous controversies over embryo research and distinctions between intrinsic and symbolic moral status to analyze these issues. It argues that stem cell research with spare embryos produced during infertility treatment, or even embryos created specifically for research or therapeutic purposes, is ethically acceptable and should receive federal funding.
40790.59116592091990.05.07+ Biotechnology, patients' rights, and the Moore case.Food Drug Cosmet Law J
JJ Howard,
40890.57116518191987.07.23+ Reflections on a medical ethics for the future.Metamedicine
A De Vries,
40990.54116587901987.06.15+ Baby Doe cases: compromise and moral dilemma.Emory Law J
PA Haddon,
41090.52116541151995.02.01+ The case for active voluntary euthanasia.Free Inq
GA Larue, D Humphry, RL Risley, J Fletcher, H Kuhse, P Admiraal,
41190.51116525871992.07.07+ Perspectives on Cruzan: the sirens' lure of invented consent -- a critique of autonomy-based surrogate decisionmaking for legally-incapacitated older persons.Hastings Law J
J Bopp, D Avila,
41290.51116600361996.02.05+ Does pro-choice mean pro-Kevorkian? An essay on Roe, Casey, and the right to die.Am Univ Law Rev
SF Kreimer,
41390.46116597031994.04.27+ IRB review of a Phase II randomized clinical trial involving incompetent patients suffering from severe closed head injury.IRB
ED Prentice, DL Antonson, LG Leibrock, TK Kelso, TD Sears,
41490.43116600181996.01.02++The limits of empirical studies on research ethics.Ethics Behav
LR Tancredi,
The results of empirical research in psychology and psychiatry are increasingly being used to formulate as well as understand problems at the interface of law and psychiatry. There has been a proliferation of studies, such as the determinants of individual competence or threat to self or others, the results of which are influencing policy and legislative decisions as well as buttressing holdings in court cases. In this article, I explore the issues of interpretation of epidemiological studies, particularly the role of ideological positions on the design and results of empirical findings, the importance of the way data are interpreted, and the role of ideologies in the way research findings are presented to provide support for policy positions. Two levels of analysis are involved in determining the validity of a study. The first addresses the questions of whether the study meets the statistical and epidemiological requirements for reliable results. These include considerations such as the appropriateness of the study design and methods for gathering and interpreting data. The second focuses on the underlying framework of the study. This involves factors such as the perspectives and values of those conducting the study, the explicit and implicit dominating ideologies where they operate, and the extent to which the study is constructed to reaffirm specific ideologies. This level of analysis is essential for disclosing the influences of ideologies on the results of studies and the way in which data are interpreted. In this article, I try to demonstrate through critiques of selected studies that the first stage of analysis is insufficient without an examination of underlying preconceived values to establish the meaningfulness of results.
41590.4293095471997.11.25++Confessions of an expert ethics witness.J Med Philos
K Kipnis,
The aim of this essay is to describe and reflect upon the concrete particulars of one academician's work as an expert ethics witness. The commentary on my practices and the narrative descriptions of three cases are offered as evidence for the thesis that it is possible to act honorably within a role that some have considered to be inherently illicit. Practical measures are described for avoiding some of the best known pitfalls. The discussion concludes with a listing of the distinctive competencies and understandings that are useful in serving as an expert ethics witness.
41690.36116647421979.04.01+ Coercive behavior control in the schools: reconciling "individually appropriate" education with damaging changes in educational status.Stanford Law Rev
RW Jones,
41790.34116561691993.04.14+ Losing the negative right of privacy: building sexual and reproductive freedom.Rev Law Soc Change
R Copelon,
41890.28116571621999.08.31+ Leaving the door ajar: the Supreme Court and assisted suicide.Univ Richmond Law Rev
MI Urofsky,
41990.26116549661996.12.06+ Culture and religion: their role in ethics.Health Care Ethics USA
PF Norris,
42090.26116575082000.03.01+ Human rights law and safe motherhood.Eur J Health Law
RJ Cook,
42190.23116595741999.11.23+ Is there a right to fetal tissue transplantation?Univ Tasman Law Rev
GL Morgan,
42290.21116515021993.06.15++Constraints and heroes.Bioethics
C Elliott,
A story, perhaps apocryphal, is told about the United States surgical team which pioneered the first artificial heart procedure. It is said that the team received a number of telephone calls from people around the country who, worried about the ailing heart recipient, offered to donate to him their own hearts. When the surgical team, justifiably curious, sent psychiatrists to examine these donors, they found to their surprise that many of the donors were rational, competent, sincere, and fully aware that as a consequence of donating their hearts they would die....My concerns here will be threefold. First, I want to add some substance to the widely-held intuition that there is something morally objectionable about a physician participating in procedures which put even a willing subject at risk. In so doing, I want to explore the larger question of why such a puzzle arises -- why physicians, and many others, find it morally objectionable to help someone do something which all agree to be heroic. Finally, I will start by examining some ways of framing the issue, widely employed in medical ethics, which I believe are simply wrong. This sort of puzzle is much more interesting than proponents of these standard arguments would have us believe, and it illustrates some larger points about morality which are often overlooked.
42390.21116526841995.01.18+ Don't ask -- don't tell: the secret practice of physician-assisted suicide.Hastings Law J
J Pugliese,
42490.21116596881994.03.16+ Selling the womb: can the feminist critique of surrogacy be answered?Indiana Law J
KB Lieber,
42590.16116596541994.01.28+ Ethical perspectives on the FDA and ADA evaluation of dental products.J Public Health Dent
RM Veatch,
42690.12116563031994.05.16+ Encouraging bone marrow transplants from unrelated donors: some proposed solutions to a pressing problem.Univ Pittsbg Law Rev
MF Anderson,
42790.12116580792000.09.18+ Moral imperatives versus market solutions: is health care a right?Univ Chic Law Rev
TA Brennan,
42890.09116541351995.03.29+ Guidelines for adolescent participation in research: current realities and possible resolutions.IRB
AS Rogers, L D'Angelo, D Futterman,
42989.80116575942000.03.02+ Seeking a balance: patient responsibilities in institutional health care.Med Law Int
CL Wilson,
43089.75116573731994.03.03++Reconciling international human rights and cultural relativism: the case of female circumcision.Bioethics
SA James,
How can we reconcile, in a non-ethnocentric fashion, the enforcement of international, universal human rights standards with the protection of cultural diversity? Examining this question, taking the controversy over female circumcision as a case study, this article will try to bridge the gap between the traditional anthropological view that human rights are non-existent -- or completely relativised to particular cultures -- and the view of Western naturalistic philosophers (including Lockeian philosophers in the natural rights tradition, and Aquinas and neo-Thomists in the natural law tradition) that they are universal -- simply derived from a basic human nature we all share. After briefly defending a universalist conception of human rights, the article will provide a critique of female circumcision as a human rights violation by three principal means: by an internal critique of the practice using the condoning cultures' own functionalist criteria; by identifying supra-national norms the cultures subscribe to which conflict with the practice; and by the identification of traditional and novel values in the cultures, conducive to those norms. Through this analysis, it will be seen that cultural survival, diversity and flourishing need not be incompatible with upholding international, universal human rights standards.
43189.74116549321995.03.23+ Sacred or for sale? The human body in the age of biotechnology.Harpers (N Y N Y)
L Andrews, J Kevorkian, A Kimbrell, WF May, J Hitt,
43289.74116527231995.02.17 House of Lords on care for dying.Bull Med Ethics
43389.68116562781994.03.28+ Health care and the constitution: public health and the role of the state in the framing era.Hastings Constit Law Q
WE Parmet,
43489.66116440261987.12.16+ "No feeding tubes for me!Hastings Cent Rep
RH Nicholson, HG Koch, T Ulshoefer, RZ Qiu,
43589.61116476601999.07.29+ A doctor's drug studies turn into fraud.NY Times (Print)
K Eichenwald, G Kolata,
43689.59116597571994.07.28+ The killing words? How the new quality-of-life ethic affects people with severe disabilities.SMU Law Rev
T HarveyParedes,
43789.58116595291993.04.27+ Relationship, particularity, and change: reflections on R. v. Morgentaler and feminist approaches to liberty.McGill Law J
H Lessard,
43889.56116460531979.04.01+ In the Matter of Karen Quinlan. 31 Mar 1976.Atl Report
43989.49116566331998.01.07+ In defense of enforcement of the surrogate contract: a reply to Field.Politics Life Sciences
JL Hill,
44089.42116510871992.05.11+ Protection of persons undergoing biomedical research: Code of Public Health; Book IIA.Bull Med Ethics
44189.42116565961997.09.29++The personal is the organizational in the ethics of hospital social workers.Ethics Behav
R Walsh-Bowers, A Rossiter, I Prilleltensky,
Understanding the social context of clinical ethics is vital for making ethical discourse central in professional practice and for preventing harm. In this paper, we present findings about clinical ethics from in-depth interviews and consultation with 7 members of a hospital social work department. Workers gave different accounts of ethical dilemmas and resources for ethical decision making than did their managers, whereas workers and managers agreed on core-guiding ethical principles and on ideal situations for ethical discourse. We discuss the research team's initial interpretations, the relevance of the extant ethics literature to organizational structures and dynamics, and alternative perspectives on clinical ethics.
44289.34116518041986.02.13+ Morality and contemporary culture: the President's Commission and beyond.Cardozo Law Rev
D Callahan,
44389.26116498901988.04.05+ The regulation of human experimentation in the United States--a personal odyssey.IRB
J Katz,
44489.26116526731994.08.08+ The right to die: state courts lead where legislatures fear to tread.Law Policy
JM Hoefler, BE Kamoie,
44589.22116503301990.06.27+ Ethics of caring and the institutional ethics committee.Hypatia
BA Sichel,
44689.19116572051999.10.10++Mental health professionals and assisted death: perceived ethical obligations and proposed guidelines for practice.Ethics Behav
JL Werth,
I have three purposes in this article: (a) to briefly review the legal obligations a mental health professional has when working with a client who is talking about taking some action that could lead to his or her death, (b) to clarify the positions of the 4 major national mental health organizations regarding the acceptable roles of their members with clients who are discussing the possibility of receiving assisted death, and (c) to propose a set of guidelines for practice for mental health professionals working with clients who are considering assisted death that comport with the various laws and codes of ethics.
44789.12116440971988.03.03+ Guidelines on confidentiality.Am J Psychiatry
44889.11116584521984.11.19+ Discharge of professional employees: protecting against dismissal for acts within a professional code of ethics.Columbia Human Rights Law Rev
AG Feliu,
44989.10116575062000.03.01+ Health law in the twenty-first century.Eur J Health Law
H Leenen,
45089.09116562001993.09.01+ Envisioning a future for reproductive liberty: strategies for making the rights real.Harv Civ Rights-Civil Lib Law Rev
RN Pine, SA Law,
45189.06116586321986.05.09+ H.L. v. Matheson and the right of minors to seek abortions.Calif West Law Rev
MH Wolff, RH Hawn,
45289.00116458981995.07.11++The ethics of the pharmaceutical industry and the need for a dual market system.J Med Humanit
A Kreiner,
In an era of increasing medical costs and cries for health care reform in the United States, the pharmaceutical industry has come under intense scrutiny. Ethical issues are inherent in the pharmaceutical marketplace, and there is a need to address the moral rights and responsibilities of drug manufacturers, consumers, health care professionals, and governmental agents in the production, distribution, regulation, and use of these products. A dual market system protecting individual rights to access and autonomy without placing an undue strain on societal resources would provide an adequate and equitable framework for an ethical pharmaceutical industry.
45388.91116642241979.04.01+ Non-therapeutic medical research involving human subjects.Syracuse Law Rev
MJ Bloom,
45488.85116567261999.02.05+ A matter of life and death.Med Law Rev
R Goff,
45588.83116531381996.01.29+ Women in clinical trials: an introduction.Food Drug Law J
RB Merkatz,
45688.83116589151988.04.23+ In vitro fertilization: ethical issues in Judaeo-Christian perspective.Loyola Law Rev
LS Cahill,
45788.74116572181999.10.25+ Proposed revision of the Declaration of Helsinki.Bull Med Ethics
45888.73116520781993.04.30+ Surrogacy, patriarchy, and contracts.Public Aff Q
GW Harris,
45988.72116456851990.05.01+ Recombinant DNA research; actions under guidelines; notice -- E. Points to consider for protocols for the transfer of recombinant DNA into the genome of human subjects.Fed Regist
46088.6886838201996.08.22 +Research ethics and the medical profession. Report of the Advisory Committee on Human Radiation Experiments.JAMA
The Advisory Committee on Human Radiation Experiments was convened by President Clinton in January 1994 in response to allegations of unethical practices in radiation experiments involving human subjects that were sponsored by the US government between 1944 and 1974. The committee's Final Report was released in October 1995. In addition to analyzing the history of the ethics of medical research involving human subjects, the committee reviewed current federal policies and procedures for protection of human subjects. In this article, the committee's findings are discussed as they relate to the patient-physician relationship, the issue of trust, and the specific role of the physician-investigator in all types of human experimentation. The committee found evidence of discussion of the conduct of human research at the highest levels of the government and within the medical profession, particularly with regard to risk, during the 1940s and 1950s. However, in both federal policy and professional practice, requirements for consent were more likely to apply to "healthy volunteers" than to patient-subjects (ie, those with disease or illness). Today, consensus exists that duties to obtain informed consent apply to all human subjects, whether healthy or sick, regardless of the risk or potential for medical benefit from participation in the research and regardless of the nature of sponsorship or funding (eg, federal, military, or private). Based on a finding of serious deficiencies in the current system of protections for human subjects, the committee offers a number of recommendations, including changes in institutional review boards; in the interpretation of ethics rules and policies; in oversight, accountability, and sanctions for ethics violations; and in compensation for research injuries. More than public policy changes, however, the committee recommends that the medical profession intensify its commitment to the ethics of research involving human subjects.
46188.68116589741988.07.30+ On Paul Ramsey: a covenant-centered ethic for medicine.Second Opin
DH Smith,
46288.65116594311992.09.25+ Ethical issues in funding and monitoring university research.Bus Prof Ethics J
TL Beauchamp,
46388.60116520411992.10.15+ Balancing moral principles in federal regulations on human research.IRB
TF Ackerman,
46488.58116440301988.02.04+ Canada: conflict as well as consensus.Hastings Cent Rep
DJ Roy, JR Williams,
46588.56120411821996.02.28+ Preterm Cleveland v. Voinovich.Wests North East Rep
46688.55116574321999.03.15+ Physician-assisted suicide: what next?Responsive Community
H Hendlin,
46788.54116498791988.03.15+ The Death-Prolonging Procedures Act and refusal of treatment in Missouri.St Louis Univ Law J
SH Johnson,
46888.53116575332000.02.09+ The limitations of legislation.MD Law Rev
D Orentlicher,
46988.52116526821995.01.18+ A gentle and easy death: from ancient Greece to beyond Cruzan toward a reasoned legal response to the societal dilemma of euthanasia.Denver Univ Law Rev
TJ Messinger,
47088.39116604041998.05.14+ Informed consent to psychotherapy: current practices at university-affiliated psychology training clinics.Law Psychol Rev
JO Noll, ML Haugan,
47188.39116502861990.03.27+ Sharing scientific data I: new problems for IRBs.IRB
JE Sieber,
47288.33116564371996.02.08+ Life's Dominion: a review essay.Notre Dame Law Rev
GV Bradley,
47388.32116458832000.10.05+ Public good, ethics, and everyday life: beyond the boundaries of bioethics.Daedalus
V Das,
47488.30116598171995.01.18+ Withdrawal of life-support in the newborn: whose baby is it?Southwest Univ Law Rev
FI Clark,
47588.30116530021995.11.06+ The development of the Roman Catholic teachings on suicide.Notre Dame J Law Ethics Public Policy
R Barry,
47688.15116499491988.06.09+ Can a court order participation in research?IRB
AR Holder,
47788.13161846512005.12.19+ Proxy consent and a national DNA databank: an unethical and discriminatory combination.Iowa Law Rev
TK Baumann,
47888.00116521501993.12.01+ Publication-related risks to privacy: ethical implications of pedigree studies.IRB
M Powers,
47988.00116566171997.10.31+ Abortion and public policy.St Louis Univ Public Law Rev
JM Swomley,
48088.00116530141995.11.27+ Effect of the Human Genome Initiative on women's rights and reproductive decisions.Fetal Diagn Ther
RA Charo,
48187.92116498111987.07.23+ Experimentation on prisoners' remains.Am Crim Law Rev
S Fry,
48287.83116608062000.10.16+ Penn researchers sued in gene therapy death: teen's parents also name ethicist as defendant.Washington Post
D Nelson, R Weiss,
48387.80116606602000.02.08+ Statement of ethical guidelines.J Sex Res
48487.70116647051979.04.01+ Statutory recognition of the right to die: the California Natural Death Act.Boston Univ Law Rev
EJ Flannery,
48587.67116521061993.09.14+ Shared interests: promoting healthy births without sacrificing women's liberty.Hastings Law J
D Johnsen,
48687.61122838961991.09.05+ Uganda opens new fronts.WorldAIDS
R Tebere,
48787.58116549591996.05.06+ Promotion of ethics in gastroenterology: joint meeting of the members of JSGE and OMGE.Gastroenterol Jpn
48887.55103947641999.07.29+ Regulating research on the terminally ill: a proposal for heightened safeguards.J Contemp Health Law Policy
DC Addicott,
48987.47116575512000.02.15+ Abortion laws: comparative and feminist perspectives in Australia, England and the United States.Med Law Int
K Petersen,
49087.46116547871997.10.23++Human rights and Japanese bioethics: a report from Japan.Bioethics
K Hamano,
The main contentions of this paper are two fold. First, there is a more than century-old Japanese tradition of human rights based on a fusion of Western concepts of natural rights and a radical reinterpretation of Confucianism, the major proponent of which was the Japanese thinker Nakae Chomin. Secondly, this tradition, although a minority view, is crucial for remedying the serious defects in the present Japanese medical system. In the latter half of the nineteenth century, Nakae Chomin sought to reinterpret Chinese tradition, especially Confucianism, by injecting the concepts of popular sovereignty and democratic equality, drawn from Western sources. The resulting view maintained the Confucian commitment to a moral nexus for society, but replaced hierarchy with egalitarianism. The pressing need for such an approach to patients' rights in present-day Japan is illustrated by two recent cases: the photographing and commercial exploitation of patients' genitals without serious response by authorities, and the attempt by physicians to manipulate the time of death and, possibly, to improperly pressure family members in order to transplant organs from the brain-dead victim of a criminal assault. Such problems stem from hierarchy and paternalism, which seem to be a legacy of the rapid, state-sponsored introduction of Western medicine in the mid-nineteenth century, and in particular from the government's adoption of and support for German military medicine as a model for Japan.
49187.39116599481995.07.03+ The patient-physician relationship in an era of scarce resources: is there a duty to treat?Conn Law Rev
MJ Mehlman,
49287.35116581792000.10.18+ Why the tolerance of potential harms? Research ethics in Alzheimer disease.Account Res
SG Post,
49387.31116538871990.09.04+ A report from Poland: treatment and non-treatment of defective newborns.Bioethics
Z Szawarski,
49487.29116525601991.04.02+ National Conference on Birth, Death, and Law: report.Jurimetrics
LB Andrews, WK Mariner,
49587.19116604121998.05.15+ Treatment dilemmas for imperiled newborns: why quality of life counts.South Calif Law Rev
NK Rhoden,
49687.17116566341998.01.07+ Response of Professor Field.Politics Life Sciences
MA Field,
49787.17116601191996.06.19++Five points and a lament about Range and Cotton's "Reports of assent and permission in research with children: illustrations and suggestions.Ethics Behav
MC Roberts, LM Buckloh,
This comment responds to an article by Range and Cotton (1995) on reporting of parental permission and child assent procedures in published articles for 4 psychology journals. Issue is taken with the assumptions, methodology, interpretations, and implications of listing researchers in the Range and Cotton article. There is no evidence researchers failed in their ethical obligations or that children were put at risk. Reporting permission/assent in publications is not an ethical requirement. Listing researchers as "failing" to do something not part of an ethical code is lamentable. Too many unfortunate implications and problems can be derived from Range and Cotton's analysis and conclusions.
49887.15116601941996.10.16+ Toward a quality population: China's eugenic sterilization of the mentally retarded.N Y Law Sch J Int Comp Law
DS Gewirtz,
49987.13116592701991.02.15+ Parents' rights vs. minors' rights regarding the provision of contraceptives to teenagers.Neb Law Rev
LD Wardle,
50087.12116565071996.10.11+ A womb of my own: a moral evaluation of Ohio's treatment of pregnant patients with living wills.Case West Reserve Law Rev
AD Lederman,
50187.12116594991993.02.24+ Model human reproduction technologies and surrogacy act.Iowa Law Rev
J Abbas,
50287.08116513071992.12.03+ Medical priority of patients' wishes.Humane Med
BM Dickens,
50387.07116516461993.10.13+ Rape exceptions in post-Webster antiabortion legislation: a practical analysis.Columbia J Law Soc Probl
JA Strickland,
50487.06116603331997.09.26+ Destructuring disability: rationing of health care and unfair discrimination against the sick.Harv Civ Rights-Civil Lib Law Rev
D Orentlicher,
50586.99116589481988.06.02+ Minors' rights to confidential contraceptive services: the limits of state power.Women's Rights Law Report
EW Paul, D Klassel,
50686.99116600221996.01.29+ The doctor's dilemma: necessity and the legality of medical intervention.Med Law Int
W Wilson, K Smith,
50786.95116526151993.02.09+ Nutrition and hydration: moral considerations.Linacre Q
50886.94116457391993.05.12+ Norplant: the new scarlet letter?J Contemp Health Law Policy
MT Flannery,
50986.93116547051997.09.16+ Secrecy and openness in donor insemination.Politics Life Sciences
KR Daniels, K Taylor,
51086.82116547421997.09.23+ A doctor's dilemma: resolving the conflict between physician participation in executions and the AMA's Code of Medical Ethics.Univ Dayton Law Rev
SA Ragon,
51186.78116575442000.02.14+ From the Nuremberg Code to bioethics: follow-ups to a founder text.Int Dig Health Legis
B Mathieu,
51286.75116497481987.02.02+ The NIH report of its review of the Baby Fae case.IRB
FW Dommel,
51386.70116605401999.05.05++Participant protection with the use of records: ethical issues and recommendations.Ethics Behav
WA Leigh,
This article explores the ethical concerns and protections that may be required when individually identifiable data originally collected solely for clinical or administrative purposes are used in research or evaluation. It asks the following broad question with respect to the interim policy developed by the Substance Abuse and Mental Health Services Administration (SAMHSA) to protect the rights and welfare of participants in its programs: For those programs and projects not classified as research, are the protections and system for review adequate? Background information on SAMHSA's interim policy is provided, along with issues and questions related to the use of clinical and administrative records in research and evaluation. The article concludes with recommendations for modifying the existing participant protection guidelines, based on the preceding discussion of issues and questions.
51486.65116572941999.12.03++Female genital mutilation and cosmetic surgery: regulating non-therapeutic body modification.Bioethics
S Sheldon, S Wilkinson,
In the UK, female genital mutilation is unlawful, not only when performed on minors, but also when performed on adult women. The aim of our paper is to examine several arguments which have been advanced in support of this ban and to assess whether they are sufficient to justify banning female genital mutilation for competent, consenting women. We proceed by comparing female genital mutilation, which is banned, with cosmetic surgery, towards which the law has taken a very permissive stance. We then examine the main arguments for the prohibition of the former, assessing in each case both (a) whether the argument succeeds in justifying the ban and, if so, (b) whether a parallel argument would not also support a ban on the latter. We focus on the following arguments. Female genital mutilation should be unlawful because: (1) no woman could validly consent to it; (2) it is an oppressive and sexist practice; (3) it involves the intentional infliction of injury; (4) it causes offence. Our view is that arguments (3) and (4) are unsound and that, although arguments (1) and (2) may be sound, they support not only a ban on female genital mutilation, but also one on (some types of) cosmetic surgery. Hence, we conclude that the present legal situation in the UK is ethically unsustainable in one of the following ways. Either the ban on female genital mutilation is unjustified because arguments (1) and (2) are not in fact successful; or the law's permissive attitude towards cosmetic surgery is unjustified because arguments (1) and (2) are in fact successful and apply equally to female genital mutilation and (certain forms of) cosmetic surgery. The people of the countries where female genital mutilation is practised resent references to 'barbaric practices imposed on women by male-dominated primitive societies', especially when they look at the Western world and see women undergoing their own feminization rites intended to increase sexual desirability: medically dangerous forms of cosmetic plastic surgery, for instance....
51586.62116515991993.09.23+ Consumer expectations and access to health care.Univ PA Law Rev
LP Francis,
51686.60116591291989.09.25+ Model guidelines for the development of institutional policy on the termination of life support and commentary: Part I.
LJ Nelson,
51786.58116582232000.10.30+ Rationing through choice: a new approach to cost-effectiveness analysis in health care.Indiana Law J
AK Rai,
51886.55116588431987.11.16+ Euthanasia: the new family planning, part I.Int Rev Nat Fam Plann
RL Marker,
51986.50116575222000.02.08+ The future of the euthanasia debate in Australia.Melb Univ Law Rev
R Magnusson,
52086.50116544561997.03.24+ A new predicament for physicians: the concept of medical futility, the physician's obligation to render inappropriate treatment, and the interplay of the medical standard of care.J Law Health
EM Levine,
52186.49116561381992.10.15+ Ethical standards for human subject research in developing countries.IRB
J Miller, BJ Crigger,
52286.45116595141993.03.29+ Rights within the therapeutic relationship.J Law Health
P King,
52386.43116601421996.07.22+ Resolving hospital conflicts: a study on therapeutic jurisprudence.J Psychiatry Law
J Susman,
52486.32116637021979.04.01+ Abortion, abstract norms, and social control: the decision of the West German Federal Constitutional Court.Emory Law J
H Gerstein, D Lowry,
52586.30116568741999.04.14+ A feminist exploration of issues around assisted death.St Louis Univ Public Law Rev
J Downie, S Sherwin,
52686.23116431151993.09.29+ The contract motherhood debate: Surrogate Motherhood: Politics and Privacy, edited by Larry Gostin.J Clin Ethics
JC Callahan,
52786.23116448491996.11.18+ The Least Worst Death, by Margaret Pabst Battin.J Med Ethics
J Savulescu,
52886.21116634591979.04.01+ The patient or his victim: the therapist's dilemma.Calif Law Rev
JG Fleming, B Maximov,
52986.18116568531999.04.12+ Looking for a nonlegal process: physician-assisted suicide and the care perspective.Univ Richmond Law Rev
PJ Zwier,
53086.16116570841999.07.27+ What patients say about medical research.IRB
J Sugarman, NE Kass, SN Goodman, P Perentesis, P Fernandes, RR Faden,
53186.15116570501999.09.15+ The regulation of fetal tissue transplantation: different legislative models for different purposes.Suffolk Univ Law Rev
SC Hicks,
53286.14116596331994.01.14+ Minds and hearts: priorities in mental health services: report of the Hastings Center Project on Priorities in Mental Health.Hastings Cent Rep
PJ Boyle, D Callahan,
53386.09116563871995.05.05+ Futility guidelines: a resource for decisions about withholding and withdrawing treatment.
53486.08116560051990.11.08++Religion and moral meaning in bioethics.Hastings Cent Rep
CS Campbell,
Courtney S. Campbell observes that the practical dilemmas of bioethics often presuppose common questions of meaning about human nature, suffering, dying, and human destiny that are central to religious traditions.
53586.05116494491986.02.06+ The toxic workplace: Title VII protection for the potentially pregnant person.Harv Women's Law J
VM Andrade,
53686.03116512941992.12.09++Decisions near the end of life: resource allocation implications for hospitals.Camb Q Healthc Ethics
PB Hofmann,
Conclusion: At a time when hospitals are having predictable difficulty accommodating infinite expectations with finite resources, there are still some observers who abhor even the possibility that the cost and volume of hospital services to the terminally ill be scrutinized. However, more assertive attention is justified on the basis of qualitative as well as quantitative evidence. Neither unrestricted medical paternalism nor total patient autonomy should be unequivocally endorsed. Both the physician and the patient have a mutual obligation and incentive to achieve a proper balance. This balance is dynamic rather than static because attitudes and values change, and advance directives are not immutable documents. Hospitals have a moral imperative to create an organizational environment in which a genuine collaborative decision-making process will ultimately benefit all participants.
53786.02116593321991.07.12+ Child development and research ethics: a changing calculus of concerns.Bus Prof Ethics J
RA Thompson,
53886.01116598871995.03.17+ Abortion, toleration, and moral uncertainty.Supreme Court Rev
DA Strauss,
53985.94120919221995.05.05+ A comparative analysis of the right to die in the Netherlands and the United States after Cruzan: reassessing the right of self-determination.Am Univ J Int Law Policy
JA DiCamillo,
54085.92116542871996.06.25+ Arguments against health care autonomy for minors.Bioethics Forum
LF Ross,
54185.91116531801996.03.28+ Phase II of bioethics: the turn to the social nature of individuals.Bioethics Forum
JW Glaser,
54285.85116645731979.04.01+ Confidentiality of alcohol and drug abuse patient records.Fed Regist
54385.79116612041979.04.01+ Voluntary euthanasia: a proposed remedy.Albany Law Rev
SS Cole, MS Shea,
54485.79116479551994.02.28+ Memory of era may temper judgment of radiation tests.NY Times (Print)
G Kolata,
54585.72120831511989.06.02+ Some modern responsa on medico-moral problems.Assia Jew Med Ethics
I Jakobovits,
54685.70116448301996.06.11+ Experiment Perilous: forty-five years as a participant observer of patient-oriented clinical research.Perspect Biol Med
RC Fox,
54785.68116599721995.08.14+ Withholding and withdrawing dialysis from elderly ESRD patients: part 2 -- ethical and policy issues.Geriatr Nephrol Urol
LS Rothenberg,
54885.66116585781985.12.13+ The new neonatal dilemma: live births from late abortions.Georgetown Law J
NK Rhoden,
54985.65116593911992.06.02+ Ulysses and the psychiatrists: a legal and policy analysis of the voluntary commitment contract.Harv Civ Rights-Civil Lib Law Rev
RS Dresser,
55085.62116526211993.03.26+ The living will.J Halacha Contemporary Society
AJ Ifrah,
55185.60116647101979.04.01+ Informed consent to organic behavior control.Santa Clara Law Rev
BA Barnhart, ML Pinkerton, RT Roth,
55285.60116553801999.01.16+ The euthanasia debate in Britain.J Int Bioethique
J Keown,
55385.60116564881996.07.10+ Abortion rights in America.Brigh Young Univ Law Rev
JR Bullock,
55485.57116597581994.07.28+ Public policy, ethical issues, and mental health administration.Adm Policy Ment Health
JR Elpers, BK Abbott,
55585.56116602361997.03.04+ Health, information and the child: some ethical issues.Acta Paediatr Suppl
M Manciaux,
55685.54116540371993.11.03+ Court-ordered cesarean sections: an example of the dangers of judicial involvement in medical decision making.Gonzaga Law Rev
BT Stanyer,
55785.53116525421989.11.17+ Vital distinctions, mortal questions: debating euthanasia and health care costs.Commonweal
D Callahan,
55885.52116544761997.04.04+ The tension between individual and political ethics: morality, public policy, and abortion in the United States.Linacre Q
EL Krasevac,
55985.52116597051994.04.27+ Involuntary sexual sterilization of incompetents in Alabama: past, present, and future.Alcohol Alcohol
EJ Larson, LJ Nelson,
56085.52116576732000.06.13+ Conflicts of interest: research and clinical care.Alzheimer Dis Assoc Disord
JC Morris,
56185.49116601051996.06.13+ Abortion and the value of life: a discussion of Life's Dominion.Columbia Law Rev
FM Kamm,
56285.46116529191994.08.02+ Ventilating issues of life and death: the case of Helga Wanglie.Public Aff Q
LE Lomasky,
56385.45116599511995.07.06+ Allocating medical resources and Medicaid: raising the issues from a psychological jurisprudential perspective.UMKC Law Rev
E Campbell, V Murphy-Berman, J Berman,
56485.43116531521996.02.05+ Is the pendulum of public opinion swinging in favour of euthanasia?CMAJ
C Gray,
56585.4280781661994.10.04++Genetic testing for children and adolescents. Who decides?JAMA
DC Wertz, JH Fanos, PR Reilly,
In the future there is likely to be a large array of DNA-based tests to diagnose single-gene disorders and to identify predispositions to genetically influenced disorders. This article focuses on ethical, legal, and psychological implications of testing healthy children and adolescents for such disorders. Testing may offer medical or psychological benefits but may harm parent-child bonds or the child's self-concept. Clinicians may encounter situations where they must weigh the child's or adolescent's wishes against wishes of parents. We examine the legal history and current status of minors as health care consumers; psychosocial research on their maturity to make choices; impact of testing on intrafamilial relationships; views of national commissions on appropriate ages of assent and full informed consent; ethical and legal requirements for competence in children and adolescents; and disclosure of genetic information. We propose guidelines for predictive genetic testing and counseling of children and discuss risks and benefits of testing.
56685.4136955751988.02.24+ Federal regulations for fetal research: a case for reform.Law Med Health Care
JC Fletcher, KJ Ryan,
56785.37116532441996.06.19+ The right to death.New York Rev Books
R Dworkin,
56885.36116588161987.07.30+ Informed consent.IME bull
J King, R Nicholson,
56985.25116527041999.11.29+ Stopping treatment on grounds of futility: a role for institutional policy.St Louis Univ Public Law Rev
LK Stell,
57085.24116500831988.12.22+ Medical ethics committees: a physician's perspective.Ann R Coll Physicians Surg Can
TD Kinsella,
57185.23116456301990.05.02 The case of a demented elderly patient (Mr. H) whose family requests the withdrawal of nutrition/hydration: responses.HEC Forum
57285.20116565371997.03.05+ Telling medical stories: sharing information among doctors, patients, and families.Utah Law Rev
M Minow,
57385.19116549281995.04.26++Ethical problems in research on risky behaviors and risky populations.Ethics Behav
S Scarr,
The articles by Brooks-Gunn, Fisher, Hoagwood, Liss and Scott-Jones (all in this issue) present a panoply of real-world ethical issues in conducting scientific research on risky behaviors of children, adolescents, and their parents, particularly those from vulnerable populations. The universal, ethical principles of beneficence, justice, and respect for others are always applicable, but they do not resolve issues of child assent, parental consent, legal reporting requirements for illegal behaviors, and the special problems of studying risky behaviors in risky populations. Taken as a group, the articles raise some of the most interesting ethical problems that arise in developmental research. My discussion elaborates some issues and fails to resolve others. I hold the view that both science and ethics can be served by thoughtfully designed and implemented research on important social issues, but that the studies themselves cannot simultaneously solve the many societal problems of participants and be scientifically credible.
57485.18116538761990.06.11+ Is there a place for active euthanasia in palliative care.J Palliat Care
J Lynn,
57585.13116458732000.10.05+ Where it hurts: Indian material for an ethics of organ transplantation.Daedalus
L Cohen,
57685.10116520751993.04.14+ The many faces of RU486: tales of situated knowledges and technological contestations.Sci Technol Human Values
A Clarke, T Montini,
57785.0096030011998.07.07++An anthropological exploration of contemporary bioethics: the varieties of common sense.J Med Ethics
L Turner,
Patients and physicians can inhabit distinctive social worlds where they are guided by diverse understandings of moral practice. Despite the contemporary presence of multiple moral traditions, religious communities and ethnic backgrounds, two of the major methodological approaches in bioethics, casuistry and principlism, rely upon the notion of a common morality. However, the heterogeneity of ethnic, moral, and religious traditions raises questions concerning the singularity of common sense. Indeed, it might be more appropriate to consider plural traditions of moral reasoning. This poses a considerable challenge for bioethicists because the existence of plural moral traditions can lead to difficulties regarding "closure" in moral reasoning. The topics of truth-telling, informed consent, euthanasia, and brain death and organ transplantation reveal the presence of different understandings of common sense. With regard to these subjects, plural accounts of "common sense" moral reasoning exist.
57884.96120831491989.06.02+ Religious traditions and public policy.Assia Jew Med Ethics
JD Bleich,
57984.94116574231998.08.06+ Whose right to die?Atl Mon
E Emanuel,
58084.92116530381995.12.04++Privatization and just healthcare.Bioethics
A Buchanan,
When advocates of insurance-privatization consider whether private insurance-dominated systems achieve justice at all, they tend to rely on an incomplete set of criteria for a just healthcare system. They also mistakenly assume that it is enough to show that justice is in principle achievable within a private insurance-dominated system. This essay offers a more complete set of criteria for a just healthcare system. It then argues that the motivational assumptions needed to make insurance-privatization at all plausible (on grounds of choice, efficiency, and quality of care) are inconsistent with the motivational assumptions needed to show that in practice a private insurance-dominated system will achieve justice. A private insurance-dominated system can be expected to satisfy the criteria for just healthcare only if (a) there is extensive and effective regulation to constrain the normal competitive behavior of private insurers or if (b) generous public funds are provided to fill the gaps in access left by the private insurance market. Yet the assumptions about the motivations and abilities of the public, regulators, and public officials needed to satisfy conditions (a) or (b) contradict the privatization advocate's explanations of how privatization will maximize efficiency, choice, and quality of care.
58184.85116453251997.04.25+ Compassionate supply or marketing ploy?Health Care Anal
P Davis, DM Frankford, A Earl-Slater, G Duggan,
58284.80116525561990.07.05+ Constitutional development of judicial criteria in right-to-die cases: from brain dead to persistent vegetative state.Wake Forest Law Rev
R Morgan, B Harty-Golder,
58384.78116598391995.02.06+ Ethical attitudes of mental health practitioners: balancing therapeutic practices and treatments.J Bus Ethics
MY Rawwas, D Strutton, L Pelton,
58484.73116545131997.04.17+ Proposed regulations for research involving those institutionalized as mentally infirm: a consideration of their relevance in 1995.Account Res
RJ Levine,
58584.71116430421993.04.02++Acceptability of mifepristone for early pregnancy interruption.Law Med Health Care
HP David,
It is the purpose of this article to review the current status of early pregnancy interruption with mifepristone (RU 486) combined with a prostaglandin analogue from the standpoint of its acceptability to women. Also discussed are the need for uniform terminology in acceptability studies, observations from clinical trials in California, France, and the United Kingdom, and comments on eventual utilization in developing countries.
58684.70116603141997.09.18+ Confidentiality of medical information: a study of Albertan family physicians.Can Fam Physician
GL Higgins,
58784.68116504291999.11.11+ The care and treatment of the terminally ill: questions raised by McConnell v. Beverly Enterprises-Connecticut, Inc.Conn Law Rev
EA Peters,
58884.61116515611993.08.13++The "gag rule" revisited: physicians as abortion gatekeepers.Law Med Health Care
MG Bloche,
In this article, I explore this failure [of the therapeutic exception as a compromise device in federal abortion counseling regulations] with an eye toward its broader lessons about the social uses of medical discretion and the difficulty of achieving an abortion compromise in America. I begin by examining the legal underpinning beneath the widespread belief that the "gag rule" imposed a near-absolute ban on discussion of the abortion option. This conventional wisdom, I conclude, collapses on careful inspection. It fails utterly to account for the strong support to be found in the Title X regulations and their larger legal context for a therapeutic exception unconstrained by administrative or judicial definition. Next, I observe that this legal unboundedness would have empowered Title X clinic physicians (and perhaps others who do counseling) to exercise broad discretion over abortion access, under the rubric of medical indication....By so doing, however, physicians would have become abortion gatekeepers. This would have raised difficult ethical and clinical questions about the extent to which medical judgment should be allowed to incorporate (and shield) socially-disputed moral choices. I briefly consider some of these questions, along with the countervailing appeal of preserving a measure of intimate freedom under medical cover. I then conclude by positing some connections between the moral infirmities of medical gatekeeping and the political failure of the therapeutic exception. I suggest, in essence, that this failure was ensured by a strong resonance between the exception's moral infirmities and the fears of the medical leaders, pro-choice activists, and abortion opponents who framed the public debate over the "gag rule." The potential breadth of the therapeutic exception went unrecognized and unexplored because professional and popular understanding of the abortion counseling regulations was molded by the activists who framed the debate...
58984.54116565981997.10.07+ Bad night in the ER -- patients' preferences and reasonable accommodation.Ethics Behav
DA Beer, R Macklin, W Robinson, P Wang,
59084.44116430651992.10.22++Clinical ethics consultations: reasons for optimism, but problems exist.J Clin Ethics
HS Perkins,
[The author identifies] five problems familiar to clinical ethicists. (1) Physicians often do not recognize important ethical issues. (2) Debate exists over whether such consultations should give specific management recommendations. (3) Principles of medical ethics cannot, by themselves, resolve real ethical issues. (4) The patient's interests sometimes conflict with the interests of the family, the health professionals, and the hospital. (5) Clinical ethics consultations take a toll on the consultant....[He] discuss[es] the implications of each problem for clinical ethics consultations and offer[s] a solution to it.
59184.39116515461993.08.10++Toward a theory of process.Law Med Health Care
SM Wolf,
This article starts by finding a lack of procedural ethics in the usual debates over the functioning of ethics committees and the proper relationship of ethics committees and the courts, and traces this lack to the absence of a theory of process and process values. I then show why ethics commmittees are an excellent place to start in working on process. I therefore turn to the task of developing process values, and specifically a notion of patient-centered process. Here I recommend both process values commanded by our underlying substantive values, and further independent process values. I specifically suggest that surfacing problems of gender, racial, and economic bias make certain processes ethically mandatory. Having thus indicated what the needed process values might look like, I sketch their considerable theoretical potential. I return to the particular problem of ethics committees and the courts, and use my notion of patient-centered process to derive an answer to the question of how the two entities should interrelate. Finally, I step back to suggest where we might go from here in developing a theory of process.
59284.35116458752000.10.05+ Prognostication and bioethics.Daedalus
NA Christakis,
59384.34116581952000.10.20+ A response to Logue's "Where hospice fails -- the limits of palliative care.Omega (Westport)
C Saunders,
59484.33116515421993.08.05++The intellectual basis of bioethics in Southern European countries.Bioethics
D Gracia,
Today the Western world harbors, at least, three very different ethical traditions, each with its own characteristics: the Anglo-Saxon, the Northern (or Central) European, and the Mediterranean. Because modern bioethics made its appearance in the Anglo-American culture, Europeans in general, and Mediterraneans in particular, have attempted not simply to "import" or "translate" bioethics, but rather to "recreate" or "remake" the discipline according to their own cultural and ethical traditions. In my presentation, I would like to explain the peculiarities of Mediterranean bioethics, analyzing the following seven points: First, how they think bioethics should be philosophically founded; Second, the Mediterranean ethics of virtue and the doctor-patient relationship; Third, the relationship between Ethics and Law; Fourth, Health Care Systems and Ethics, Fifth, the problems concerning patient rights; Sixth, ethics by Committees; and finally, some general conclusions.
59584.32116548021997.10.31+ Imposing morality: the pediatrician as parental agent.Politics Life Sciences
AD Goldblatt,
59684.30116600531996.02.29+ Issues related to the protection of human research participants.J Neurosurg Nurs
L Harrison,
59784.26116630261979.04.01+ Is there a right to die?Columbia J Law Soc Probl
FP Grad,
59884.25116458541999.04.07+ In response: speaking truth to historiography.Med Humanit Rev
R Faden, D Guttman,
59984.23116533601996.11.12+ The IRB, ethics, and the objective study of religion in health.IRB
SG Post,
60084.23116521291993.11.03+ What role for surrogate decision makers?Origins
H Hubbard,
60184.22116592201990.09.04+ Holy living and holy dying.Origins
60284.21116565121996.11.18+ Sex, death, and the courts: Compassion in Dying v. State of Washington; Quill v. Vacco; Romer v. Evans.New York Rev Books
R Dworkin,
60384.17116605781999.08.25+ Last rights: euthanasia, the sanctity of life, and the law in the Netherlands and the Northern Territory of Australia.Int Comp Law Q
S Chesterman,
60484.17116492721991.02.05+ Are pregnant women fetal containers?Bioethics
LM Purdy,
60584.15116501351989.06.05+ Trying to live forever.Law Med Health Care
GJ Annas,
60684.09116509261991.06.10+ The Jewish entailments of valuing life.Shma
JD Bleich,
60784.09120412831990.07.11+ Cruzan v. Director, Missouri Department of Health.Wests Supreme Court Report
60884.07116605031999.02.18+ Medical technology transfer and physician-patient conversation.Int J Technol Manag
KS Arnow,
60984.02116547571997.09.26+ "He wants to do what?" Cryonics: issues in questionable medicine and self-determination.Santa Clara Comput High Technol Law J
JP LaBouff,
61083.94116605421999.05.05++SAMHSA philosophy and statement on ethical principles.Ethics Behav
J de Jong, N Reatig,
As the major federal agency responsible for improving the delivery and effectiveness of substance abuse and mental health services to the American public, the Substance Abuse and Mental Health Services Administration (SAMHSA) is aware that its programs deal with especially sensitive issues. As a national leader in advancing effective services to persons with addictive and mental disorders, SAMHSA has stewardship over important interventions affecting personal, community, institutional, and social values. Inherent in SAMHSA's mission and goals is a commitment to protect and promote the human, civil, and legal rights and moral freedoms of those individuals and groups who participate in SAMHSA-funded activities and to demonstrate that Agency policies and procedures are congruent with publicly acceptable ethical principles and standards of conduct. A foundation of mutual trust between SAMHSA officials and participants as well as sensitivity to issues of public accountability will hasten and strengthen progress toward this shared vision.
61183.92116605281999.04.09+ Sexism and "the superfluous female": arguments for regulating pre-implantation sex selection.Harv Women's Law J
J Danis,
61283.92116518431986.09.16+ Infant care review committees: their moral responsibilities.Linacre Q
RL Barry,
61383.84116553161998.11.02++End-of-life decisions: Christian perspectives.Christ Bioeth
WE Stempsey,
While legal rights to make medical treatment decisions at the end of one's life have been recognized by the courts, particular religious traditions put axiological and metaphysical meat on the bare bones of legal rights. Mere legal rights do not capture the full reality, meaning and importance of death. End-of-life decisions reflect not only the meaning we find in dying, but also the meaning we have found in living. The Christian religions bring particular understandings of the vision of life as a gift from God, human responsibility for stewardship of that life, the wholeness of the person, and the importance of the dying process in preparing spiritually for life beyond earthly life, to bear on end-of-life decisions.
61483.83116513141992.12.09+ Duty and caring in the age of informed consent and medical science: unlocking Peabody's secret.Humane Med
J Katz,
61583.80116603011997.08.12+ Last rights: Oregon's new Death with Dignity Act.Willamette Law Rev
KT Graham,
61683.75116590041988.09.14+ Research on animals: values, politics, and regulatory reform.South Calif Law Rev
R Dresser,
61783.73116574351999.04.09+ Democracy, technocracy, and the secret state of medicines control: expert and nonexpert perspectives.Sci Technol Human Values
J Abraham, J Sheppard,
61883.71116594631992.11.17+ Law, ethics, and biomedical research involving human subjects in developing countries.J Clin Res Drug Dev
DC Jayasuriya,
61983.70116531991996.05.06+ The role and responsibility of industry in research.Dolentium Hominum
L Lasagna,
62083.67116584311984.10.29+ The judicial portrayal of the physician in abortion and sterilization decisions: the use and abuse of medical discretion.Harv Women's Law J
A Asaro,
62183.65116454511987.05.27+ Access to medical records, part 1: who may review a patient's medical record.Top Health Rec Manage
WH Roach,
62283.61116596551994.02.01+ Birthright or life sentence: controlling the threat of genetic testing.South Calif Law Rev
K Nobles,
62383.60116498981988.05.17+ When the subjects are hospital staff, is it ethical (or possible) to get informed consent?IRB
JL Geller, CW Lidz, EL Pattulo,
62483.57116570881999.07.27+ Protocol review within the context of a research program.IRB
FG Miller, DL Rosenstein,
62583.57116525331989.06.02+ Maine's living will act and the termination of life-sustaining medical procedures.Maine Law Rev
ER Herlan,
62683.50116559531990.03.27+ Abortion -- impact on public health.State Health Legis Rep
GD Malkasian,
62783.47116585621985.10.21+ Reproductive rights 1983: an international survey.Columbia Human Rights Law Rev
S Isaacs,
62883.46116509291991.06.10+ Moral distinctions.Shma
EN Dorff,
62983.45116445211994.09.02+ US researchers fail to get informed consent.BMJ
J Roberts,
63083.41116568761999.04.14+ In search of the story: physicians and charity care.St Louis Univ Public Law Rev
SD Watson,
63183.40116427681990.06.27+ NZ medicine after Cartwright.BMJ
G Gillett,
63283.38116508891990.06.14+ A survey of the legal, ethical, and public policy considerations of in vitro fertilization.Notre Dame J Law Ethics Public Policy
MK McCartan,
63383.37116575642000.02.23+ Encouraging accountability in research: a pilot assessment of training efforts.Account Res
AC Mastroianni, JP Kahn,
63483.36116543741997.01.16+ Setting limits in the dying zone: assisted suicide, scarce resources, and hard cases.Univ Detroit Mercy Law Rev
BR Furrow,
63583.34116508861990.06.14+ Procreational autonomy v. state intervention: opportunity or crisis for a brave new world?Notre Dame J Law Ethics Public Policy
GP Smith,
63683.33116599381995.06.28+ Medical behavior that shortens life: current developments in the Netherlands.
J Griffiths,
63783.31116581692000.10.18+ An introduction to NBAC's report on research involving persons with mental disorders that may affect decisionmaking capacity.Account Res
JF Childress,
63883.27116499461988.05.24+ FDA's new rule on treatment use and sale of investigational new drugs.IRB
RJ Levine,
63983.24116502361989.11.09+ Judeo-Christian teaching on euthanasia: definitions, distinctions and decisions.Linacre Q
WB Smith,
64083.23116563951994.08.08+ Genetic information and property theory.Northwest Univ Law Rev
CM Barrad,
64183.23116597361994.07.22+ The creation and perpetuation of the mother/body myth: judicial and legislative enlistment of Norplant.Buffalo Law Rev
M Henley,
64283.20116585581985.10.09+ Medical research involving children: some legal and ethical issues.Bayl Law Rev
DH Langer,
64383.19116526521994.02.15+ Sex as contract: abortion and expanded choice.Stanford Law Pol Rev
PD Feaver, R Kling, TK Plofchan,
64483.17116546501997.08.07+ Office for Protection from Research Risks (OPRR)Politics Life Sciences
GB Ellis,
64583.17116559291989.09.22+ The future of abortion.Newsweek
A McDaniel,
64683.10116562421993.11.23+ The search for ethical symmetry in health care reform: individual preference vs. societal need.Issues (St Louis Mo)
D Brodeur,
64783.08116646831979.04.01+ Legal aspects of experimentation with institutionalized mentally disabled subjects.J Clin Pharmacol New Drugs
BS Laves,
64883.01116429221992.02.10++Sedation before ventilator withdrawal: can it be justified by double effect and called "allowing a patient to die"J Clin Ethics
RJ Devettere,
...Recognizing that sedation and ventilator withdrawal have a causal impact on a patient's death does not open the door to active euthanasia but helps resist it by showing clearly where the debate centers. The heart of the euthanasia issue is not whether providers play a causal role in patients' deaths. They obviously often do when they withdraw burdensome or futile treatment or provide comfort, and these actions can be morally justified in appropriate circumstances. The key point is whether we can morally justify physicians playing two stronger causal roles: providing drugs and information for suicide and doing something in order to kill their patients. Before we can agree with those ethicists who argue that one can justify assisted suicide and active euthanasia despite the moral tradition that has shunned these causal roles, they must clearly show that the human good -- the good of the professions and of society at large, as well as the good of patients -- will be better served by physicians assisting in suicide and giving lethal injections....
64983.01116553721999.01.13++Who should manage care? The case for patients.Kennedy Inst Ethics J
RM Veatch,
After establishing that it is essential that health care be rationed in some fashion, the paper examines the arguments for and against clinicians as gatekeepers. It first argues that bedside clinicians do not have the information needed to make allocation decisions. Then it claims that physicians at the bedside can be expected to make the wrong choice for two reasons: their commitment to the Hippocratic ethic forces them to pursue the patient's best interest (even when resources will produce only very marginal benefit and could do much more good elsewhere) and their values will lead them to calculate the net value of treatments incorrectly. Alternative decision makers are considered. It is argued that both groups of physicians and administrators will also make allocations incorrectly and that leaving the allocation decisions to patients themselves is the best approach. Mechanisms for fair and efficient rationing by patients at the societal and individual level are examined.
65082.98116548011997.10.31+ A Canadian perspective on adolescent sexuality and public policy: requiring parental involvement is bad law and bad medicine.Politics Life Sciences
M Bala, N Bala,
65182.97116539051991.01.23+ Which ills to bear?: reevaluating the "threat" of modern genetics.Emory Law J
AM Capron,
65282.95116540811994.03.30+ The Cruzan legacy: legislative and judicial responses and insights for the future.Ariz State Law J
HC Gieszl, PA Velasco,
65382.92116553151998.11.02++A United Methodist approach to end-of-life decisions: intentional ambiguity or ambiguous intentions.Christ Bioeth
JR Thobaben,
The position of the United Methodist Church on end-of-life decisions is best described as intentional ambiguity or ambiguous intentions or both. The paper analyzes the official position of the denomination and then considers the actions of a U.M.C. bishop who served as a foreman for a trial of Dr. Jack Kevorkian. In an effort to find some common ground within an increasingly divided denomination, the work concludes with a consideration of the work of John Wesley and his approach to human death.
65482.82116431801994.02.02+ Ethical issues in recommending and offering fetal therapy.West J Med
FA Chervenak, LB McCullough,
65582.78116575092000.03.01+ The Convention on Human Rights and Biomedicine: an appraisal of the Council of Europe Convention.Eur J Health Law
HD Roscam Abbing,
65682.68116529341995.08.08+ Futile treatment and the ethics of medicine.Rep Inst Philos Public Policy
NS Jecker,
65782.66116527271995.02.17+ Raising the stakes in the euthanasia debate: judge rules on Washington law.Origins
R Mahoney,
65882.60116600171996.01.22++Research participation as a contract.Ethics Behav
C Lawson,
In this article, I present a contractualist conception of human-participant research ethics, arguing that the most appropriate source of the rights and responsibilities of researcher and participant is the contractual understanding between them. This conception appears to explain many of the more fundamental ethical incidents of human-participant research. I argue that a system of contractual rights and responsibilities would allow a great deal of research that has often been felt to be ethically problematic, such as research involving deception, concealed research, and research on dependent populations. However, in defining the conditions under which such research should be permissible, my contractualist theory also makes it clear that there are limits -- and explains what those limits are -- to the propriety of such research.
65982.58116574361999.05.05+ The limits of advance directives: a history and assessment of the Patient Self-Determination Act.Wake Forest Law Rev
EJ Larson, TA Eaton,
66082.53116567981999.03.15+ Medical futility: a futile concept?Wash Lee Law Rev
K Shiner,
66182.53116457491993.03.02+ Physician-assisted suicide: are we asking the right questions?Second Opin
CK Cassel,
66282.52116593771992.02.27+ Expanding autonomy of the elderly in home health care programs.New Engl Law Rev
PJ Ferrara,
66382.46116514501993.05.07+ Being a physician and being ethical.Linacre Q
AJ Dyck,
66482.42116549881997.11.20++Single payers and multiple lists: must everyone get the same coverage in a universal health plan?Kennedy Inst Ethics J
RM Veatch,
In spite of recent political setbacks for the movement toward universal health insurance, considerable support remains for the idea. Among those supporting such plans, most assume that a universal insurance system, especially if it is a single-payer system, would offer a single list of basic covered services. This paper challenges that assumption and argues for the availability of multiple lists of services in a universal insurance system. The claim is made that multiple lists will be both more efficient and more fair. Any single list will fund some services that are quite attractive to some people, but only marginally attractive to others. Thus any single-list plan will fund some services that produce only marginal benefit for the resources used. Moreover, since some people will hold values quite compatible with the single list and others will hold values leading to preferences for unfunded services, some people will get much more benefit from any single list than other people will. Fairness and efficiency require providing an entitlement to universal access to health insurance that could be purchased by typical consumers for a fixed price of perhaps $3500. By permitting everyone to pick their preferred list of services available at that price, each person will efficiently use his or her entitlement while getting more equal opportunity for benefits.
66582.35116593331991.07.16+ Easing restrictions on minors' abortion rights.Issues Sci Technol
J O'Keeffe, JM Jones,
66682.32116507691988.03.22+ Containing health care costs: ethical and legal implications of changes in the methods of paying physicians.Case West Reserve Law Rev
AM Capron, DW Brock, EJ Cassell,
66782.31116562581994.02.01+ Self-identification and the morality of abortion.Univ Toledo Law Rev
K Lusby,
66882.30116606862000.03.20+ Frustrated intentions and binding biology: seeking AID (Artificial Insemination by Donor) in the law.Duke Law J
AR Schiff,
66982.30116570171999.06.14+ Current ethical issues in aging: introduction.Generations
NN Dubler,
67082.25116596141993.11.09+ Abortion, sex and gender: the Church's public voice.America (NY)
LS Cahill,
67182.21116524891987.11.21+ The recent amendments to the Texas Natural Death Act: implications for health care providers.St Marys Law J
RE Greenfield,
67282.20116590601989.04.10+ Fetal tissue transplants: restricting recipient designation.Hastings Law J
MW Danis,
67382.20116561091992.10.15+ Testing the implementation of clinical guidelines.IRB
HI Goldberg, H McGough,
67482.13116518221987.07.30+ Medical ethics in the future: commentary on Andre De Vries.Metamedicine
LB McCullough,
67582.06116563041994.05.17+ The privacy implications of Professor Anderson's proposed mandatory registry for bone marrow donation: a reply.Univ Pittsbg Law Rev
RG Hartman,
67682.06116431441993.11.05+ When Medicine Went Mad, edited by Arthur L. Caplan.J Leg Med
FH Marsh,
67782.04116521691993.12.06+ "Medical futility" and physician refusal of requested treatment.
JJ Paris, JJ Murphy,
67882.03116599881995.09.22+ Medical decision making for and by children: tensions between parent, state, and child.Univ Ill Law Rev
W Wadlington,
67982.01116599141995.04.19+ Frontiers of genetic research: science and religion.Origins
W Friend,
68081.99116512251992.09.10+ Protecting the right to die: the Patient Self-Determination Act of 1990.Harvard J Legis
KC Mulholland,
68181.98116519061988.10.12+ A commercial market for organs? Why not?Bioethics
P Manga,
68281.96116590031988.09.01+ Quality of life judgments and medical indications.Qual Life Cardiovasc Care
DC Thomasma,
68381.96116496861986.04.11+ Consent to research with impaired human subjects: a trial policy for the intramural programs of the National Institutes of Health.IRB
JC Fletcher, FW Dommel, DD Cowell,
68481.96116575142000.01.31+ Decisional capacity, older human research subjects, and IRBs: beyond forms and guidelines.Stanford Law Pol Rev
MB Kapp,
68581.95116598131994.11.21+ The use of empathy in forensic examinations.Ethics Behav
DW Shuman,
68681.92116593121991.07.03+ Fetal tissue transplantation: regulating the medical hope for the future.J Law Health
JF Sedlak,
68781.91116510331991.12.16+ Setting floating limits: functional status care categories as national policy.Bus Prof Ethics J
DC Thomasma,
68881.91116561731993.05.03+ Mediating the polar extremes: a guide to post-Webster abortion policy.Brigh Young Univ Law Rev
RG Wilkins, R Sherlock, S Clark,
68981.89116591431989.11.15+ Bound to freedom: the Ulysses contract and the psychiatric will.Univ Tor Fac Law Rev
A Macklin,
69081.87116565581997.04.28++Practice guidelines, patient interests, and risky procedures.Bioethics
IA Ross,
A clinical scenario is described where an anaesthetist is concerned about the seemingly high risk/benefit ratio relating to laparoscopic versus standard inguinal hernia operations. Some options for further action by the anaesthetist are introduced. The remainder of the paper explores the question of who can legitimately assess the acceptability of risk/benefit ratios, and defends the use of practice guidelines at the expense of so called clinical freedom. It is argued that respect for persons is not breached by limiting the treatment options offered to patients to those therapies which have a 'reasonable' risk/benefit ratio. This 'reasonableness' is context dependent, and should be properly decided by those with expertise in the field.
69181.86116569481999.05.10+ Organ transplants, death, and policies for procurement.Monist
D Lamb,
69281.85116528671997.04.04+ Physician-assisted suicide and New York law.Albany Law Rev
JA Alesandro,
69381.85116601621996.09.10+ "About to meet her maker": women, doctors, dying declarations, and the state's investigation of abortion, Chicago, 1867-1940.J Am Hist
LJ Reagan,
69481.84122911131996.08.05+ Mining industry enters a new era of AIDS prevention. Eye witness: South Africa.AIDS Anal Afr
M Heywood,
69581.80116601461996.07.31+ The dangers of discovery.America (NY)
JA Califano,
69681.79116492411989.07.13+ Beyond abortion: refusal of caesarean section.Bioethics
M Mahowald,
69781.78116604771999.01.06+ Ensuring a good death.Bioethics Forum
DC Thomasma,
69881.73116528471995.05.11+ Ethical issues in fetal tissue transplants.Linacre Q
SB Rae, CM DeGiorgio,
69981.65116577902000.07.10+ Proposed revision of the Declaration of Helsinki.Bull Med Ethics
70081.65116567771999.03.04 World Medical Association adopts statements, etc., on miscellaneous matters.Int Dig Health Legis
70181.63116570951999.09.22++Inducements revisited.Bioethics
M Wilkinson, A Moore,
The paper defends the permissibility of paying inducements to research subjects against objections not covered in an earlier paper in Bioethics. The objections are that inducements would cause inequity, crowd out research, and undesirably commercialize the researcher-subject relationship. The paper shows how these objections presuppose implausible factual and/or normative claims. The final position reached is a qualified defence of freedom of contract which not only supports the permissibility of inducements but also offers guidance to ethics committees in dealing with practical problems that might arise if inducements are offered.
70281.62116591951990.03.29+ Reform Judaism, bioethics, and abortion.J Reform Jud
AJ Reines,
70381.55116560031990.11.08++Religion and the secularization of bioethics.Hastings Cent Rep
D Callahan,
Daniel Callahan, in an autobiographical reflection, describes how the unfolding secularization of bioethics has culminated in a speculative and linguistic narrowness. The pluralism we celebrate as a moral achievement may become oppressive if it is not open to the insights of particular traditions and communities.
70481.55116521271993.12.06++Drawing a line between killing and letting die: the law, and law reform, on medically assisted dying.J Law Med Ethics
LO Gostin,
While much has been written about the professional ethics of physician assisted dying, little is known about where the law draws the line, whether the law is enforced in practice, and how the law should be reformed to reflect changing public opinion and ethical thought. This article addresses these questions and the need for clearer public policy [in the United States] on physician assisted dying.
70581.46116451352000.05.01+ Bioethics: comes the millenium.J Leg Med
D Rasinski Gregory,
70681.46116598221995.01.18+ Where privacy fails: equal protection and the abortion rights of minors.N Y Univ Law Rev
CG Schmidt,
70781.45116492001986.09.19+ Reproduction and the law.Med Trial Tech Q
NS Erickson,
70881.41116601351996.07.18+ Theoretical questions and ethical issues in a family caregiving relationship.J Appl Soc Sci
RS Hanks, BH Settles,
70981.39116592261990.07.24+ The doctor, the pharmacist, the patient, and the placebo, or you're not my mother, doctor.Food Drug Cosmet Law J
JR Nielsen,
71081.38116560551992.08.03+ Substance abuse during pregnancy.Harv Women's Law J
K Moss,
71181.34116588931988.02.08+ Two-step fantastic: the continuing case of Brother Fox.Theol Stud
P Ramsey,
71281.33116549801997.06.12+ From indifference to goodness.J Relig Health
JJ Fins,
71381.32116553631999.01.13++Managed care at the bedside: how do we look in the moral mirror?Kennedy Inst Ethics J
ED Pellegrino,
Managed care per se is a morally neutral concept; however, as practiced today, it raises serious ethical issues at the clinical, managerial, and social levels. This essay focuses on the ethical issues that arise at the bedside, looking first at the ethical conflicts faced by the physician who is charged with responsibility for care of the patient and then turning to the way in which managed care exacts costs that are measured not in dollars but in compromises in the caring dimensions of the patient-physician relationship.
71481.32171652322006.12.21+ Conscience in context: pharmacist rights and the eroding moral marketplace.Stanford Law Pol Rev
RK Vischer,
71581.32116514421993.05.04+ The California euthanasia initiative.Linacre Q
SB Rae,
71681.30116587551987.05.21+ Refusal of life-sustaining treatment for terminally ill incompetent patients: court orders and an alternative.Columbia J Law Soc Probl
BL Rubin,
71781.30116566651998.06.18+ Torts and the double helix: malpractice liability for failure to warn of genetic risks.Houst Law Rev
LB Andrews,
71881.28116598321995.02.06++Transforming homes and hospitals.Hastings Cent Rep
W Ruddick,
...But there are, I think, more general troubles with this stark contrast between home and hospital. Most importantly for assessments of hospital-to-home transfers, it ignores transformations that illness often makes in family life and home. For example, illnesses and treatments can make familiar domestic settings alien, or they can confuse family roles and foster mutual deception, detachment, and resentment, even (or especially) in well-ordered families. Contrary to the common assumption, given such transformations hospitals may often allow patients greater autonomy than home and may better preserve family relationships than would home care. If so, then current domestication of care for seriously ill patients may be morally questionable in ways the sterotypes of home and hospital obscure.
71981.28116522601994.05.13+ The patient as citizen and consumer: socially responsible education about advance directives.Prof Ethics
LJ Weber,
72081.26116440091988.04.05+ Sociopolitical and ethical considerations in the treatment of cardiovascular disease in the elderly.J Am Coll Cardiol
HP Dustan, MP Hamilton, LB McCullough, LB Page,
72181.24116594171992.07.31+ A legal research agenda for the Human Genome Initiative.Jurimetrics
DS Karjala,
72281.23116529961995.10.27+ Withdrawal of life support: conflict among patient wishes, family, physicians, courts and statutes, and the law.Buffalo Law Rev
LM Tarantino,
72381.22116509021990.10.10+ Doctors, detainees and torture: medical ethics v. the law in South Africa.Stanford J Int Law
L Berat,
72481.20116576002000.03.02+ Regulating the new reproductive technologies: a cross-channel comparison.Med Law Int
M Latham,
72581.17116550141998.03.04+ Mandating outpatient treatment for pregnant substance abusers: attractive but unfeasible.Politics Life Sciences
RH Blank,
72681.15116492011986.09.25+ Abortion--an update.Med Trial Tech Q
HL Guthman,
72781.14116519981991.02.19+ Assisted suicide and active voluntary euthanasia.Univ West Ont Law Rev
A Browne,
72881.13116514521993.04.28+ Advance directives and the pursuit of death with dignity: New Jersey's new legislation.Rutgers Law Rev
NL Cantor,
72981.12116563011994.05.12+ Unenumerated rights: whether and how Roe should be overruled.Univ Chic Law Rev
R Dworkin,
73081.11116589161988.04.11+ The legal status of the embryo.Loyola Law Rev
LB Andrews,
73181.08116427741991.06.24+ Guidelines on ethics for epidemiologists.Int J Epidemiol
JM Last,
73281.07116506221984.09.18+ Rationing medical resources: a constitutional, legal, and policy analysis.Tex Law Rev
JF Blumstein,
73381.06116516161993.09.28++Case vignette: to share or not to share.Ethics Behav
DN Bersoff, RM Dawes,
For years, the notion that researchers should share data freely with fellow scientists has been discussed widely. Some argue that this is especially true when the data are generated in federally funded projects. A recent provision in the reauthorization bill for the National Institutes of Health (NIH) would ensconce this principle in law. NIH grantees would be required, on demand, to furnish their data to other researchers. According to the proposed legislation, research data would have to be preserved and made avilable for 3 years after the completion of a project, and for 5 y