Journal of Law and the Biosciences最新文献_第7页

Pathogen dematerialization and the ABS loophole. 病原体非物质化和ABS漏洞。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad002

Abbie-Rose Hampton

引用次数: 0

Why reason-based abortion bans are not a remedy against eugenics: an empirical study. 为什么基于理性的堕胎禁令不是对优生学的补救措施:一项实证研究。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsac033

Sonia M Suter

{"title":"Why reason-based abortion bans are not a remedy against eugenics: an empirical study.","authors":"Sonia M Suter","doi":"10.1093/jlb/lsac033","DOIUrl":"https://doi.org/10.1093/jlb/lsac033","url":null,"abstract":"In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of 'modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted similar bills and statutes allegedly as a prophylactic to 'eugenics', its underlying discrimination, and the racial disparities eugenics caused. This article tests my hypothesis that this legislative focus on eugenics is largely performative, rather than evidence of true concern about the discrimination and disparities underlying eugenics. My research examined state laws in several areas that fall within narrow and broad understandings of eugenics to determine whether states with RBA bans have implemented policies to counteract eugenics more broadly. My analysis shows that they generally have not. Instead, the apparent motivation is to commandeer concerns about eugenics to restrict reproductive rights. This legislative mission is hypocritical, and it harms the very groups impacted by the eugenics movements-minorities, women, people with disabilities, the LGBTQ+ community, and immigrants. Ultimately, it has led us to Dobbs, which makes everyone vulnerable to the eugenics policies Thomas condemns by undercutting previous constitutional protections against eugenics.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsac033"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/b6/c3/lsac033.PMC9885976.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9153708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Chinese legal response to the shared motherhood model in lesbians' family-making. 中国法律对女同性恋共同母性模式的回应。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad015

Chunyan Ding

{"title":"Chinese legal response to the shared motherhood model in lesbians' family-making.","authors":"Chunyan Ding","doi":"10.1093/jlb/lsad015","DOIUrl":"https://doi.org/10.1093/jlb/lsad015","url":null,"abstract":"Despite the non-recognition of same-sex relationships or marriage by the law, lesbian motherhood has become an emerging socio-legal issue in China. To fulfil their desires to reproduce and make a family, some Chinese lesbian couples adopt a `shared motherhood model' where one lesbian contributes an egg while her partner becomes pregnant through embryo transfer following artificial insemination with a donor's sperm. Because the shared motherhood model intentionally divides the roles of biological mother and gestational mother between lesbian couples, this has allowed legal controversies to emerge associated with the parenthood of the conceived child as well as custody, support of, and visitation of the child. There are two pending judicial cases involving a shared motherhood arrangement reported in the country. The courts have appeared reluctant to rule on them because Chinese law has not provided clear legal solutions to these controversial issues. They are highly cautious about delivering a decision not in line with the current legal position of non-recognition of same-sex marriage. Given little literature discussing Chinese legal responses to the shared motherhood model, this article aims to fill the gap by investigating the basis of parenthood under Chinese law and analysing the parentage issue concerning the different types of relationships between lesbians and children born of a shared motherhood arrangement.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad015"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/16/08/lsad015.PMC10284678.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10063371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Who would own the HeLa cell line if the Henrietta Lacks case happened in present-day South Africa? 如果亨丽埃塔·拉克斯的案子发生在今天的南非，谁会拥有海拉细胞系?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad011

Donrich W Thaldar

{"title":"Who would own the HeLa cell line if the Henrietta Lacks case happened in present-day South Africa?","authors":"Donrich W Thaldar","doi":"10.1093/jlb/lsad011","DOIUrl":"https://doi.org/10.1093/jlb/lsad011","url":null,"abstract":"The HeLa cell line was created in 1951 without consent from Henrietta Lacks, the person whose tissue sample was used. In 2021, the descendants of Henrietta Lacks sued a well-known biotechnology company for the profits it made from the HeLa cell line. In this article, ownership of the cell lines is investigated from a South African legal perspective by considering three possible contemporary scenarios bearing points of similarity to the Henrietta Lacks case. In the first scenario, informed consent is obtained to use a tissue sample for research and to commercialize the products of such research; in the second scenario, informed consent is materially deficient because of an honest mistake on the part of the research institution; and in the third scenario, informed consent is materially deficient due to willful disregard of the law on the part of the research institution. In the first two scenarios, ownership of the cell line created from the tissue sample would vest in the research institution, and the research participant would not have any legal action for financial compensation. However, in the third scenario, ownership of the cell line would vest in the research participant, who would be able to claim all profits made from trading the cell line. Whether the research institution acted in good faith is therefore a crucial determinant of the legal outcome.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"10 1","pages":"lsad011"},"PeriodicalIF":3.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10198699/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9634097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Allocating organs through algorithms and equitable access to transplantation-a European human rights law approach. 通过算法和公平的移植机会分配器官——这是欧洲人权法的做法。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2023-01-01 DOI: 10.1093/jlb/lsad004

Audrey Lebret

引用次数: 0

Vaccination of individuals lacking decision-making capacity during a public health emergency. 在突发公共卫生事件中为缺乏决策能力的个人接种疫苗。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-07-01 DOI: 10.1093/jlb/lsac030

G Owen Schaefer, Tess Johnson, Ryan Friets, Sumytra Menon, Julian Savulescu

{"title":"Vaccination of individuals lacking decision-making capacity during a public health emergency.","authors":"G Owen Schaefer, Tess Johnson, Ryan Friets, Sumytra Menon, Julian Savulescu","doi":"10.1093/jlb/lsac030","DOIUrl":"https://doi.org/10.1093/jlb/lsac030","url":null,"abstract":"This paper explores the ethical challenges in deciding whether to vaccinate individuals lacking the decision-making capacity needed to provide informed consent during a public health emergency like COVID-19. The best interests standard ordinarily governs such decisions, which under the law in jurisdictions like England, Wales and Singapore takes into account the individual's past wishes and present preferences. However, in a public health emergency, the interests of third parties become more salient: those whom the unvaccinated individual might expose to infection have an interest in the individual's being vaccinated. While current mental capacity law has not been interpreted to take such public health considerations into account, we argue that such considerations are nevertheless ethically relevant, and can legitimately be weighed up alongside other considerations such as the preferences of the individual and impacts on their health. This is most relevant for individuals lacking decision-making capacity who have previously declined or presently resist vaccination. The public health impact of vaccination may in some instances be enough to outweigh preferences of the individual and justify providing vaccination against their past or present wishes.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"9 2","pages":"lsac030"},"PeriodicalIF":3.4,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/17/e9/lsac030.PMC9584342.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9082201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Prescribing unproven cancer drugs: physician perspectives on expanded access and right to try. 处方未经证实的抗癌药物:医生对扩大获取和试用权的看法。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-07-01 DOI: 10.1093/jlb/lsac031

Haley Manley, Bryan A Sisk, Zubin Master, Christopher Thomas Scott

{"title":"Prescribing unproven cancer drugs: physician perspectives on expanded access and right to try.","authors":"Haley Manley, Bryan A Sisk, Zubin Master, Christopher Thomas Scott","doi":"10.1093/jlb/lsac031","DOIUrl":"https://doi.org/10.1093/jlb/lsac031","url":null,"abstract":"Background: For gravely ill patients who have no treatment options and who are ineligible for clinical trials, the US Food and Drug Administration (FDA) established the Expanded Access Program (EAP). Motivated by efforts to weaken FDA regulation and sold as providing greater access to experimental drugs, the federal Right to Try Act (RTT) was passed in 2017. It reduces FDA oversight by not requiring physicians to report safety data and foregoes approval of protocols by local institutional review boards.Methods: This study explored the views of 17 neuro-oncologists from 15 different academic medical centers with varying experience with EAP and RTT using convenience sampling. We conducted semi-structured interviews and qualitative analysis to identify emerging themes.Results: Most oncologists were confused between the two pathways, had little familiarity with RTT, and had little knowledge about experimental medicine available through either pathway. Oncologists reported a preference of enrolling patients in clinical trials over off-trial preapproval pathways with scant data. As a result, oncologists revealed concerns over properly evaluating risks for their patients.Conclusion: Our findings suggest that neuro-oncologists need better resources and clearer mechanisms at their institutions to help navigate EAP and RTT in order to counsel patients interested in experimental medicine.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"9 2","pages":"lsac031"},"PeriodicalIF":3.4,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/03/17/lsac031.PMC9596169.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9146699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Exploring access to genomic risk information and the contours of the HIPAA public health exception. 探索获得基因组风险信息和HIPAA公共卫生例外的轮廓。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-07-01 DOI: 10.1093/jlb/lsac034

Jennifer K Wagner, Juhi K Tanniru, Courtney A Chane, Michelle N Meyer

{"title":"Exploring access to genomic risk information and the contours of the HIPAA public health exception.","authors":"Jennifer K Wagner, Juhi K Tanniru, Courtney A Chane, Michelle N Meyer","doi":"10.1093/jlb/lsac034","DOIUrl":"https://doi.org/10.1093/jlb/lsac034","url":null,"abstract":"Considerable resources have been invested in research to identify pathogenic and likely pathogenic variants that cause morbidity and mortality and also in returning these results to patients. The public health impact and cost-effectiveness of these efforts are maximized when probands' relatives are informed of their risk and offered testing. However, such 'Traceback' cascade testing programs face multiple obstacles, including perceived or actual legal and regulatory hurdles. Here, using genetic cancer syndromes as a test case, we explore the contours of the Public Health Exception to the HIPAA Privacy Rule to assess whether it is a viable pathway for implementing a Traceback program. After examining the Privacy Rule as well as state laws and regulations for reportable conditions and genetic privacy, we conclude that this is not currently a viable approach for Traceback programs. We conclude by reflecting on ethical considerations of leveraging HIPAA's public health exception to disclose PHI directly to at-risk relatives and offering insights for how legal hurdles to such a Traceback program could be overcome, if desired.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"9 2","pages":"lsac034"},"PeriodicalIF":3.4,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9740515/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10605033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Deconstructing age(s): an analysis of the different conceptions of age as a legal criterion for access to assisted reproductive technologies. 解构年龄:分析将年龄作为获得辅助生殖技术的法律标准的不同概念。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-07-01 DOI: 10.1093/jlb/lsac036

Andrea Martani, Eva De Clercq, Christian De Geyter, Guido Pennings, Tenzin Wangmo, Bernice Simone Elger

{"title":"Deconstructing age(s): an analysis of the different conceptions of age as a legal criterion for access to assisted reproductive technologies.","authors":"Andrea Martani, Eva De Clercq, Christian De Geyter, Guido Pennings, Tenzin Wangmo, Bernice Simone Elger","doi":"10.1093/jlb/lsac036","DOIUrl":"https://doi.org/10.1093/jlb/lsac036","url":null,"abstract":"Whether there should be restrictions for access to Assisted Reproductive Technologies (ART) is a matter of continuous medical, societal, and ethico-legal debate. One of the most controversial topics in this context is the use of parental age as a criterion to limit access to ART. Views are divided on whether there should be an upper age limit for one or both parents and on where such limits should be. Although this debate is centered around the issue of 'age' and although age-related limits are present in many legislations, the intrinsic ambiguity of the term `age' is largely overlooked. In this article, we build on gerontological, medical, and sociological literature on the concepts of 'age' and 'aging' to distinguish three conceptions of age that are relevant for ART regulation: the chronological, the biological, and the social-cultural one. Beyond mapping out these conceptions of age, we describe how they relate to ART and reproduction, and illustrate the advantages and disadvantages of relying on each of them as a basis for limiting ART access. Finally, we propose a template for defining legal age limits for ART access in the law, based on the refined understanding of the different conceptions of age that we outline and we discuss two potential objections to our proposal.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"9 2","pages":"lsac036"},"PeriodicalIF":3.4,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9754082/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10441918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mifepristone, preemption, and public health federalism. 米非司酮，优先权和公共卫生联邦制。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-07-01 DOI: 10.1093/jlb/lsac037

Patricia J Zettler, Annamarie Beckmeyer, Beatrice L Brown, Ameet Sarpatwari

{"title":"Mifepristone, preemption, and public health federalism.","authors":"Patricia J Zettler, Annamarie Beckmeyer, Beatrice L Brown, Ameet Sarpatwari","doi":"10.1093/jlb/lsac037","DOIUrl":"https://doi.org/10.1093/jlb/lsac037","url":null,"abstract":"On June 24, 2022, the Supreme Court issued an opinion in which five justices voted to overturn Roe v Wade. Even before the final opinion issued, scholars and advocates had begun to consider legal strategies that might mitigate the decision's anticipated harmful consequences. One such strategy involves challenging state restrictions on Food and Drug Administration (FDA)-approved pregnancy termination drugs on preemption grounds. This article begins by exploring how these challenges might fare-considering both drug-specific restrictions and complete bans on abortion-arguing that there are compelling legal grounds on which courts should conclude that many state restrictions are preempted. Importantly, although these state restrictions have arisen within a larger debate about reproductive health care, this is far from the only area in which states seek to regulate prescription drugs. States have long regulated drugs in ways that diverge from FDA, arguably increasingly so in recent years. Accordingly, the article investigates the implications that preemption challenges in the abortion context may have for other areas of state drug regulation, making the case that the benefits of public health federalism need not be undermined by successful preemption challenges in the abortion arena.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"9 2","pages":"lsac037"},"PeriodicalIF":3.4,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9774452/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10436436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2