Journal of Law and the Biosciences最新文献

{"title":"Paying Americans to take the vaccine-would it help or backfire?","authors":"Christopher Robertson,&nbsp;Daniel Scheitrum,&nbsp;Aleks Schaefer,&nbsp;Trey Malone,&nbsp;Brandon R McFadden,&nbsp;Kent D Messer,&nbsp;Paul J Ferraro","doi":"10.1093/jlb/lsab027","DOIUrl":"https://doi.org/10.1093/jlb/lsab027","url":null,"abstract":"<p><p>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.</p>","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}

{"title":"Psychiatric genetic essentialism and stigma in child custody proceedings: public views.","authors":"Maya Sabatello,&nbsp;Audrey Chao,&nbsp;Beverly J Insel,&nbsp;Thomas Corbeil,&nbsp;Bruce G Link,&nbsp;Paul S Appelbaum","doi":"10.1093/jlb/lsab026","DOIUrl":"https://doi.org/10.1093/jlb/lsab026","url":null,"abstract":"<p><p>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.</p>","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}

{"title":"Framing and legitimating EU legal regulation of human gene-editing technologies: key facets and functions of an imaginary.","authors":"Aurélie Mahalatchimy,&nbsp;Pin Lean Lau,&nbsp;Phoebe Li,&nbsp;Mark L Flear","doi":"10.1093/jlb/lsaa080","DOIUrl":"https://doi.org/10.1093/jlb/lsaa080","url":null,"abstract":"<p><p>Gene-editing technologies, ie those able to make changes in the DNA of an organism, are the object of global competition and a regulatory race between countries and regions. There is an attempt to craft legal frameworks protective enough for users, but flexible enough for developers of gene-editing technologies. This article examines the imaginary built into the framing of EU-level legal regulation of human gene-editing technologies and identifies its three key related facets: the tension around naturalness; safeguarding morality and ethics; and the pursuit of medical objectives for the protection of human health. Concerns around the use of gene-editing technologies in relation to eugenics and human enhancement have produced a multifaceted imaginary. We argue that this imaginary not only places a limit on EU-level regulation, despite a strong EU competence in respect of the internal market, but also seeks to ensure its legitimation.</p>","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsaa080"},"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/60/52/lsaa080.PMC8366714.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39324200","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}

{"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":"<p><p>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).</p>","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}

{"title":"Governing through imaginaries: on the place and role of constructions of Japan within UK policy discourse regarding science, technology, and innovation.","authors":"Martyn Pickersgill","doi":"10.1093/jlb/lsaa007","DOIUrl":"https://doi.org/10.1093/jlb/lsaa007","url":null,"abstract":"<p><p>This article employs the notion of 'sociotechnical imaginaries' from the discipline of science and technology studies in order to consider the role that constructions of Japan play within UK policy discourse on science, technology, and innovation. The analysis is parsed in relation to the three dominant constructions that emerged from within the discourse under study: Japan as collaborator, as comparator, and as competitor. The mentioning of Japan within policy texts seems often aimed at evoking an imaginary of an economically successful and technoscientifically inventive nation, geared up for investment and innovation. Japan was present in the texts analyzed as a country that was simultaneously the same and other to the UK: similar enough for meaningful comparisons to be made, while sufficiently different to motivate the UK to 'do better' and to galvanize symbolic and material resource to become 'more like' Japan. Thus, a sociotechnical imaginary emerged that was at once familiar to and yet also distinct from that of the UK. Sociotechnical imaginaries of other/Other nations can govern through enabling and shaping political and policy conversations, which can ultimately inflect and indeed help to determine different forms of legal and regulatory tools, processes, and discourses.</p>","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsaa007"},"PeriodicalIF":3.4,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8607821/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39656636","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}

{"title":"The bias of adapted patients in practice.","authors":"Julia Mosquera","doi":"10.1093/jlb/lsab010","DOIUrl":"https://doi.org/10.1093/jlb/lsab010","url":null,"abstract":"Harvard Law School, Oxford University Press, and Stanford Law School. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com. This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/bync-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com Journal of Law and the Biosciences, 1–10 https://doi.org/10.1093/jlb/lsab010 Peer Commentary","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab010"},"PeriodicalIF":3.4,"publicationDate":"2021-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/2a/69/lsab010.PMC8485429.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39481956","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}

{"title":"Early analysis of deemed consent: why Moorlock's critique is mistaken.","authors":"Jordan A Parsons","doi":"10.1093/jlb/lsab025","DOIUrl":"https://doi.org/10.1093/jlb/lsab025","url":null,"abstract":"Law School, Oxford University Press, and Stanford Law School. This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons. org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com Journal of Law and the Biosciences, 1–3 https://doi.org/10.1093/jlb/lsab025 Peer Commentary","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab025"},"PeriodicalIF":3.4,"publicationDate":"2021-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/70/b0/lsab025.PMC8337082.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39301175","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}

{"title":"Premature presumptions about presumed consent: why Parsons' comparison is mistaken.","authors":"Greg Moorlock","doi":"10.1093/jlb/lsab024","DOIUrl":"https://doi.org/10.1093/jlb/lsab024","url":null,"abstract":"Harvard Law School, Oxford University Press, and Stanford Law School. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com. This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/bync-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com Journal of Law and the Biosciences, 1–5 https://doi.org/10.1093/jlb/lsab024 Peer Commentary","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 2","pages":"lsab024"},"PeriodicalIF":3.4,"publicationDate":"2021-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/4f/cd/lsab024.PMC8337083.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39301173","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}

{"title":"An empirical study of large, human biobanks: intellectual property policies and financial conditions for access.","authors":"Matthew Jordan,&nbsp;Johnathon Liddicoat,&nbsp;Kathleen Liddell","doi":"10.1093/jlb/lsab018","DOIUrl":"https://doi.org/10.1093/jlb/lsab018","url":null,"abstract":"<p><p>Biobanks are repositories that collect, store and distribute large quantities of biological samples and associated data (collectively called biobank `material'). Although biobanks have different modes of operation, all face a variety of similar challenges. Some of these challenges, such as donor consent and privacy, have been rigorously debated, but comparatively less attention has been paid to biobanks' intellectual property (IP) practices. IP rights (particularly patents) are integral to the translation of research into clinically relevant outcomes and, therefore, are key features in the business models of many biobanks. As a foundation for such research, commentators have identified five IP clauses of interest: (i) non-obstruction clauses; (ii) march-in clauses; (iii) grant-back clauses; (iv) return-of-results clauses and (v) reach-through clauses (also commonly called `reach-through rights'). In the limited literature that discusses the five clauses, commentators have largely debated their advantages and disadvantages in the abstract. The IP terms that biobanks <i>actually</i> use have not been empirically examined, apart from some small case studies. In particular, no industry-wide evidence exists on three points of biobanks' IP practice: (i) if and how biobanks implement these five types of IP clauses, (ii) whether any norms or standards have emerged, and (iii) whether the norms and standards align with commentators' recommendations for using the five IP clauses. To address these three gaps, the authors conducted a systematic, global survey of the IP clauses used by large, human biobanks. The results indicate that biobanks draft bespoke policies to meet their own needs, and probably do so without knowledge of the gamut of IP terms available. This study also revealed that, in general, biobanks are using IP terms differently from the advice of the commentators. On reviewing the differences, we encourage the use of march-in and grant-back clauses, discourage biobanks from using redundant non-obstruction clauses, and call for more research on return-of-results clauses. We also encourage the use of reach-through clauses to claim royalties (not IP), but only in limited circumstances; for example, where user access fees do not cover a biobanks' operational costs.</p>","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 1","pages":"lsab018"},"PeriodicalIF":3.4,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/6a/8a/lsab018.PMC8489421.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39494546","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}

{"title":"Legal, ethical, and wider implications of suicide risk detection systems in social media platforms.","authors":"Karen L Celedonia,&nbsp;Marcelo Corrales Compagnucci,&nbsp;Timo Minssen,&nbsp;Michael Lowery Wilson","doi":"10.1093/jlb/lsab021","DOIUrl":"https://doi.org/10.1093/jlb/lsab021","url":null,"abstract":"<p><p>Suicide remains a problem of public health importance worldwide. Cognizant of the emerging links between social media use and suicide, social media platforms, such as Facebook, have developed automated algorithms to detect suicidal behavior. While seemingly a well-intentioned adjunct to public health, there are several ethical and legal concerns to this approach. For example, the role of consent to use individual data in this manner has only been given cursory attention. Social media users may not even be aware that their social media posts, movements, and Internet searches are being analyzed by non-health professionals, who have the decision-making ability to involve law enforcement upon suspicion of potential self-harm. Failure to obtain such consent presents privacy risks and can lead to exposure and wider potential harms. We argue that Facebook's practices in this area should be subject to well-established protocols. These should resemble those utilized in the field of human subjects research, which upholds standardized, agreed-upon, and well-recognized ethical practices based on generations of precedent. Prior to collecting sensitive data from social media users, an ethical review process should be carried out. The fiduciary framework seems to resonate with the emergent roles and obligations of social media platforms to accept more responsibility for the content being shared.</p>","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"8 1","pages":"lsab021"},"PeriodicalIF":3.4,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/cf/1f/lsab021.PMC8284882.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39204485","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}