The Journal of Law, Medicine and Ethics This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

Reproductive Information and Reproductive Decision‐Making
Opponents of reproductive choice are attempting to limit reproductive decisions based on certain underlying reasons. This commentary explores the rationales for these limitations and the objections to them. It concludes that reasoned‐based limitations are unsupportable and unenforceable. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Maxwell J. Mehlman Tags: Symposium Articles Source Type: research

Non‐Invasive Testing, Non‐Invasive Counseling
This article describes a new prenatal genetic test that is painless, early, and increasingly available. State legislatures have reacted by prohibiting abortion for reason of fetal sex or of fetal diagnosis and managing genetic counseling. This article explores these legislative responses and considers how physicians and genetic counselors currently communicate post‐testing options. The article then examines the challenges ahead for genetic counseling, particularly in light of the troubling grip of abortion politics on conversations about prenatal diagnosis. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Rachel Rebouché Tags: Symposium Articles Source Type: research

Normalizing Disability in Families
This comment shifts Ouellette's frame of reference in linking prenatal selection against disability, laws prohibiting prenatal sex selection, and fertility specialists' discrimination against disabled adults. Viewing decisions about who can reproduce and what children will be born as fundamentally decisions about family suggests ways to promote acceptance of people with disabilities as valued family members — without limiting reproductive liberties. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Mary Crossley Tags: Symposium Articles Source Type: research

Selection against Disability: Abortion, ART, and Access
This essay re‐examines the disability critique of prenatal and pre‐implantation screening in light of evidence about the larger context in which fertility and reproductive healthcare is rendered in the U.S. It argues that efforts to identify acceptable criteria for trait‐based selection or otherwise impose reasons‐based limitations on reproductive choice should be avoided because such limitations tend to perpetuate the discrimination encountered by adults with disabilities seeking fertility and reproductive health services. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Alicia Ouellette Tags: Symposium Articles Source Type: research

When Is an Abortion Not an Abortion?
Discussion about the similarities and differences between abortion and multi‐fetal pregnancy reduction, including the tug‐of‐war over naming, highlights ongoing contestation about the relationship between the law, ethics, and women's bodies. Ultimately, the law must root itself in the realities of pregnancy including the physical and social consequences that any pregnancy creates for the woman who carries it. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Kimberly Mutcherson Tags: Symposium Articles Source Type: research

Selective Reduction: “A Soft Cover for Hard Choices” or Another Name for Abortion?
Selective reduction and abortion both involve the termination of fetal life, but they are classified by different designations to underscore the notion that they are regarded as fundamentally different medical procedures: the two are performed using distinct techniques by different types of physicians, upon women under very different circumstances, in order to further dramatically different objectives. Hence, the two procedures appear to call for a distinct moral calculus, and they have traditionally evoked contradictory reactions from society. This essay posits that despite their different appellations, selective reductio...
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Radhika Rao Tags: Symposium Articles Source Type: research

Legal Change and Stigma in Surrogacy and Abortion
Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post‐legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: John A. Robertson Tags: Symposium Articles Source Type: research

The Bad Mother: Stigma, Abortion and Surrogacy
This article is the first to examine the stigma attached to abortion and surrogacy and consider how law may stigmatize women for failing to conform to social expectations about maternal roles. Courts should consider evidence of stigma when evaluating laws regulating abortion or surrogacy to determine whether these laws are based on impermissible gender stereotyping. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - August 4, 2015 Category: Medical Law Authors: Paula Abrams Tags: Symposium Articles Source Type: research

INTRODUCTION: Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - June 1, 2015 Category: Medical Law Authors: Judith Daar, Kimberly Mutcherson Tags: Symposium Articles Source Type: research

Calendar of Events
(Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Tags: Calendar of Events Source Type: research

The Patient as Consumer: Empowerment or Commodification? Currents in Contemporary Bioethics
Discussions surrounding patient engagement and empowerment often use the terms “patient” and “consumer” interchangeably. But do the two terms hold the same meaning, or is a “patient” a passive actor in the health care arena and a “consumer” an informed, rational decision‐maker? Has there been a shift in our usage of the two terms that aligns with the increasing commercialization of health care in the U.S. or has the patient/consumer dynamic always been a part of the buying and selling of health care in the American system? Recent discussions of the issue exist in the popular press and in social media foru...
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Melissa M. Goldstein, Daniel G. Bowers Tags: Column Source Type: research

Global Justice and Health Systems Research in Low‐ and Middle‐Income Countries
Scholarship focusing on how international research can contribute to justice in global health has primarily explored requirements for the conduct of clinical trials. Yet health systems research in low‐ and middle‐income countries (LMICs) has increasingly been identified as vital to the reduction of health disparities between and within countries. This paper expands an existing ethical framework based on the health capability paradigm – research for health justice – to externally‐funded health systems research in LMICs. It argues that a specific form of health systems research in LMICs is required if the enterpris...
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Bridget Pratt, Adnan A. Hyder Tags: Independents Source Type: research

On the Justifiability of ACMG Recommendations for Reporting of Incidental Findings in Clinical Exome and Genome Sequencing
This paper examines three possible justifications for original ACMG recommendations to return incidental findings from whole exome or genome sequencing independent of patient preferences. The first two potential justifications, based on a patient's authentic values, then on harms to others, are founding lacking as a basis of justification for these recommendations. The third, grounded in analogous professional practices, might serve as a potential justification if several controversies can be avoided. However, given the nature of these controversies and the need to instill public trust in this newly emerging science, the p...
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Thomas May Tags: Independents Source Type: research

Detecting, Preventing, and Responding to “Fraudsters” in Internet Research: Ethics and Tradeoffs
Internet‐based health research is increasing, and often offers financial incentives but fraudulent behavior by participants can result. Specifically, eligible or ineligible individuals may enter the study multiple times and receive undeserved financial compensation. We review past experiences and approaches to this problem and propose several new strategies. Researchers can detect and prevent Internet research fraud in four broad ways: (1) through the questionnaire/instrument (e.g., including certain questions in survey; and software for administering survey); (2) through participants' non‐questionnaire data and seekin...
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Jennifer E. F. Teitcher, Walter O. Bockting, José A. Bauermeister, Chris J. Hoefer, Michael H. Miner, Robert L. Klitzman Tags: Independents Source Type: research

Acoustic Separation and Biomedical Research: Lessons from Indian Regulation of Compensation for Research Injury
This article examines the effects of India's compensation law and the efforts that policymakers in India have made to tailor the law since its passage. I use the legal concept of acoustic separation as a framework to explain and justify the approach that India has taken in refining its regulation of research related injuries. I conclude that India's example may provide useful lessons for research sponsors and lawmakers in other regulatory states seeking to promote a well‐regulated biomedical research industry. (Source: The Journal of Law, Medicine and Ethics)
Source: The Journal of Law, Medicine and Ethics - April 2, 2015 Category: Medical Law Authors: Megan E. Larkin Tags: Independents Source Type: research