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Table of citations (250 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,