Journal of Law and the Biosciences最新文献_第8页

What will and won’t happen when abortion is banned 堕胎被禁止后会发生什么，不会发生什么

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2022-01-01 DOI: 10.1093/jlb/lsac011

M. Oberman

{"title":"What will and won’t happen when abortion is banned","authors":"M. Oberman","doi":"10.1093/jlb/lsac011","DOIUrl":"https://doi.org/10.1093/jlb/lsac011","url":null,"abstract":"Abstract For the past 50 years, abortion opponents have fought for the power to ban abortion without little attention to how things might change when they won. The battle to make abortion illegal has been predicated on three nebulous assumptions about how abortion bans work. First, supporters believe banning abortion will deter it. Second, they hope bans will send a message about abortion—specifically, that abortion is immoral. And third, they expect bans to be competently implemented and enforced. Drawing on empirical work from within and outside of the U.S., this Article offers an evidence-based assessment of each of these assumptions. Part One examines the question of deterrence by exploring findings from countries with relatively high and relatively low abortion rates. After explaining why restrictive abortion laws alone do not reduce aggregate abortion rates, I consider the matter of individual deterrence. By identifying those most likely to be deterred by U.S. abortion bans, I illustrate how abortion bans intersect with structural inequalities to disproportionately impact poor women of color and their children. Part Two tests the idea that abortion bans send a message. I consider the bans’ meaning in context with U.S. laws and policies affecting families, exposing the difference between laws discouraging abortion, and those encouraging childbirth. Then, drawing from literature on the expressive function of the law, I assess the limits on the message-sending capacity of abortion bans in a society divided over abortion and over its commitment to children living in poverty. Part Three turns to the expectation that abortion bans will be competently enforced, noting the legitimacy struggles arising from law enforcement patterns, along with the administrative challenges inherent in overseeing the various exceptions to abortion bans. This article concludes by considering why the consequences and limitations of abortion bans should matter to supporters and opponents, alike.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":" ","pages":""},"PeriodicalIF":3.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44223544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Prospect patents and CRISPR; rivalry and ethical licensing in a semi-commons environment. 前景专利与CRISPR;半公共环境中的竞争和道德许可。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-10-24 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab031

Andreas Panagopoulos, Katerina Sideri

{"title":"Prospect patents and CRISPR; rivalry and ethical licensing in a semi-commons environment.","authors":"Andreas Panagopoulos, Katerina Sideri","doi":"10.1093/jlb/lsab031","DOIUrl":"https://doi.org/10.1093/jlb/lsab031","url":null,"abstract":"Abstract The prospect theory of patents views patents as a tool for the development and commercialization of inventions. Prospect patents rely on broad control of technology so that rivalry between competing products is diminished thus avoiding waste of common-pool resources. The theory has been widely criticized but in this article we argue that it does not address the realities of an economy where many innovations are created by universities. Although university patents on inventions such as new gene-editing tools fit squarely in the definition of prospect patents, they may still allow rivalry to resurface at the commercialization stage. This rivalry is not between competing firms; it is between competing visions of the prospect: ‘the university’s vision versus the licensees.’ We use as a case study the CRISPR-Cas9 technology invented by universities and commercialized by licensees. We employ patent landscape analysis showing that CRISPR-Cas9’s prospects comply with the characteristics of prospect patents and, above all, diminish rivalry at the commercialization stage. As the lack of competition leads to excessive treatment prices, tensions arise because the licensee understands CRISPR-Cas9 as a revenue-generating prospect, whereas the university views it as a technology requiring broad distribution. Such discerning visions can breed rivalry between licensor and licensee despite broad patent rights. In addressing this we turn to the literature on semi-commons, which implies an environment where private rights of exclusion such as prospect patents work with ethical licenses and a domain of resources open for reuse to foster innovation. We argue that in this environment, universities can emerge as important actors in the regulatory enterprise through additional ex post licensing. To this end, we propose a market-based solution in the form of a license allowing for patent re-licensing if the licensee fails to address a predefined demand for the final product.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab031"},"PeriodicalIF":3.4,"publicationDate":"2021-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/82/b3/lsab031.PMC8545401.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39564893","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: 3

Demystifying Schrems II for the cross-border transfer of clinical research data. 揭开临床研究数据跨境转移的Schrems II的神秘面纱。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-10-23 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab032

Joseph Liss, David Peloquin, Mark Barnes, Barbara E Bierer

{"title":"Demystifying Schrems II for the cross-border transfer of clinical research data.","authors":"Joseph Liss, David Peloquin, Mark Barnes, Barbara E Bierer","doi":"10.1093/jlb/lsab032","DOIUrl":"https://doi.org/10.1093/jlb/lsab032","url":null,"abstract":"The Courts of Justice of the European Union (CJEU) held in its July 2020 Schrems II decision that, in order for entities in other countries to import personal data from the European Economic Area (EEA), the importer must be able to provide data protections 'essentially equivalent' to those the EEA offers under its General Data Protection Regulation. The CJEU expressed particular concern that United States' national security intelligence gathering laws prevent U.S.-based entities from providing such protections. This decision has sharply limited the sharing of clinical research data from the EEA to the United States. After describing the pertinent aspects of the Schrems II decision, this article evaluates U.S. national security intelligence gathering frameworks, including Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333. The article then leverages recent draft guidance from the European Data Protection Board to explain how entities may be able to adopt widely used contractual and technical measures, such as data pseudonymization, to provide 'essentially equivalent' protections in the clinical research context.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab032"},"PeriodicalIF":3.4,"publicationDate":"2021-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8541704/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39570004","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

Patient data ownership: who owns your health? 患者数据所有权:谁拥有你的健康?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-10-01 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab023

Kathleen Liddell, David A Simon, Anneke Lucassen

{"title":"Patient data ownership: who owns your health?","authors":"Kathleen Liddell, David A Simon, Anneke Lucassen","doi":"10.1093/jlb/lsab023","DOIUrl":"https://doi.org/10.1093/jlb/lsab023","url":null,"abstract":"This article answers two questions from the perspective of United Kingdom law and policy: (i) is health information property? and (ii) should it be? We argue that special features of health information make it unsuitable for conferral of property rights without an extensive system of data-specific rules, like those that govern intellectual property. Additionally, we argue that even if an extensive set of rules were developed, the advantages of a property framework to govern health information would be slight: propertization is unlikely to enhance patient self-determination, increase market efficiency, provide patients a foothold in the data economy, clarify legal uses of information, or encourage data-driven innovation. The better approach is to rely less, not more, on property. We recommend a regulatory model with four signature features: (i) substantial protection for personal health data similar to the GDPR with transparent limits on how, when, and by whom patient data can be accessed, used, and transmitted; (ii) input from relevant stakeholders; (iii) interoperability; and (iv) greater research into a health-data service, rather than goods, model.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab023"},"PeriodicalIF":3.4,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8487665/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39487852","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: 20

Protecting research data of publicly revealing participants. 保护公开披露参与者的研究数据。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-09-06 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab028

Kyle J McKibbin, Bradley A Malin, Ellen Wright Clayton

引用次数: 1

The invisible child of personalized medicine. 个性化医疗的隐形孩子。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-09-06 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab029

Katharina Ó Cathaoir

{"title":"The invisible child of personalized medicine.","authors":"Katharina Ó Cathaoir","doi":"10.1093/jlb/lsab029","DOIUrl":"https://doi.org/10.1093/jlb/lsab029","url":null,"abstract":"This article seeks to bring the invisible child of personalized medicine out from the shadows through legal analysis and empirical data. It uses Denmark as a case to argue that existing policies, laws and practices on personalized medicine neglect the legal and ethical issues specific to children. The article investigates Danish laws and practices in clinical genetics and describes how the law neglects children's right to self-determination in three ways. Firstly, while child participation is provided for by law, no guidelines have been created to operationalize this norm. Secondly, children's right not to know is inadequately reflected in current policies. Thirdly, the storage of information from prenatal genetic sequencing raises important issues that are in need of reflection. Several recommendations are made, including for strengthening children's participation and limiting parents' access to secondary findings where they relate to untreatable or unpreventable conditions. It furthermore recognizes, however, that children's self-determination in some circumstances should be viewed relationally due to the interconnected nature of genetics.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab029"},"PeriodicalIF":3.4,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8421035/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39428353","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

Paying Americans to take the vaccine-would it help or backfire? 付钱让美国人接种疫苗——是有益还是适得其反?

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-09-06 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab027

Christopher Robertson, Daniel Scheitrum, Aleks Schaefer, Trey Malone, Brandon R McFadden, Kent D Messer, Paul J Ferraro

{"title":"Paying Americans to take the vaccine-would it help or backfire?","authors":"Christopher Robertson, Daniel Scheitrum, Aleks Schaefer, Trey Malone, Brandon R McFadden, Kent D Messer, Paul J Ferraro","doi":"10.1093/jlb/lsab027","DOIUrl":"https://doi.org/10.1093/jlb/lsab027","url":null,"abstract":"This research investigates the extent to which financial incentives (conditional cash transfers) would induce Americans to opt for vaccination against coronavirus disease of 2019. We performed a randomized survey experiment with a representative sample of 1000 American adults in December 2020. Respondents were asked whether they would opt for vaccination under one of three incentive conditions ($1000, $1500, or $2000 financial incentive) or a no-incentive condition. We find that-without coupled financial incentives-only 58 per cent of survey respondents would elect for vaccination. A coupled financial incentive yields an 8-percentage-point increase in vaccine uptake relative to this baseline. The size of the cash transfer does not dramatically affect uptake rates. However, incentive responses differ dramatically by demographic group. Republicans were less responsive to financial incentives than the general population. For Black and Latino Americans especially, very large financial incentives may be counter-productive.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab027"},"PeriodicalIF":3.4,"publicationDate":"2021-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/e6/dc/lsab027.PMC8420956.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39409534","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

Psychiatric genetic essentialism and stigma in child custody proceedings: public views. 精神病遗传本质主义和儿童监护程序中的耻辱:公众观点。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-08-26 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsab026

Maya Sabatello, Audrey Chao, Beverly J Insel, Thomas Corbeil, Bruce G Link, Paul S Appelbaum

{"title":"Psychiatric genetic essentialism and stigma in child custody proceedings: public views.","authors":"Maya Sabatello, Audrey Chao, Beverly J Insel, Thomas Corbeil, Bruce G Link, Paul S Appelbaum","doi":"10.1093/jlb/lsab026","DOIUrl":"https://doi.org/10.1093/jlb/lsab026","url":null,"abstract":"The introduction of behavioral, including psychiatric, genetic information in American courts has gained traction but raises concerns of undue influence on judicial outcomes. We conducted a vignette-based survey of a nationally representative sample of US adults to assess how evidence about a parent's psychiatric genetic makeup and explicit and implicit stigmatizing beliefs about psychiatric conditions may affect key decisions in child custody proceedings. Psychiatric genetic evidence did not affect public perspectives on custody decisions, but it increased the genetic essentialist understanding of psychiatric conditions (regardless of a diagnosis). Explicit stigma was associated with a preference to deny parents with a (or with an alleged) psychiatric condition joint custody. Our newly created Implicit Association Test identified an association between psychiatric conditions and perceived bad parenting. Research to identify effective interventions and educational programs to address genetic essentialism and to reduce bias against people, including parents, with psychiatric conditions is urgently needed.","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab026"},"PeriodicalIF":3.4,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/f4/b8/lsab026.PMC8390126.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39364513","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

Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary. 构建和合法化欧盟人类基因编辑技术的法律法规:一个虚构的关键方面和功能。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-08-16 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsaa080

Aurélie Mahalatchimy, Pin Lean Lau, Phoebe Li, Mark L Flear

引用次数: 5

Expectations as techniques of legitimation? Imagined futures through global bioethics standards for health research. 作为合法化技术的期望？通过全球健康研究生物伦理标准想象未来。

IF 3.4 2区哲学

Journal of Law and the Biosciences Pub Date : 2021-08-16 eCollection Date: 2021-07-01 DOI: 10.1093/jlb/lsaa086

Mark L Flear

{"title":"Expectations as techniques of legitimation? Imagined futures through global bioethics standards for health research.","authors":"Mark L Flear","doi":"10.1093/jlb/lsaa086","DOIUrl":"10.1093/jlb/lsaa086","url":null,"abstract":"I argue that expectations or strong beliefs about what can occur, and the imaginaries they construct, can be shaped by organizations and used by them as techniques for public legitimation of their governance and regulatory activities. I advance this argument by reference to the International Council on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). The expectations and imaginary flowing from the ICH's mission and framing, 'harmonisation for better health', support a focus on technological development for the production of safe, quality, and effective pharmaceuticals and individual ethical conduct to achieve it. The expectations also marginalize wider systemic issues relating to social justice, particularly those affecting the global South. The central role of scientific-technical knowledge and expertise to harmonization abets the latter by minimizing the value to governance of public knowledges on systemic issues. Instead of ensuring the contribution of these knowledges to governance through public participation, there is an attempt to bolster legitimation through communication of expectations and transparency to show practices are in accordance with them (ie expectations are met).","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsaa086"},"PeriodicalIF":3.4,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/ab/8d/lsaa086.PMC8366718.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39324203","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