Law & bioethics: From values to violence

Journal of Law, Medicine and Ethics

Volumn 32, Issue 2, 2004, Pages 293-306

  Wolf, Susan M ^a,b,c  

^a UNIVERSITY OF MINNESOTA MEDICAL SCHOOL   (United States)

^b Center for Bioethics

^c Environment and the Life Sciences

Author keywords

[No Author keywords available]

Indexed keywords

CONFERENCE PAPER; ETHICS; EUTHANASIA; FORCE; GENE TRANSFER; HUMAN; HUMAN CLONING; HUMAN IMMUNODEFICIENCY VIRUS; LAW; LICENSING; MARRIAGE; ORGAN TRANSPLANTATION; PHYSICIAN; PROFESSIONAL PRACTICE; SOCIOECONOMICS; SUICIDE; UNITED STATES;

EID: 3142716716     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2004.tb00476.x     Document Type: Conference Paper

References (228)

1. See, e.g., G.J. Annas, Standards of Care: The Law of American Bioethics (New York: Oxford University Press, 1993): 3 ("Law sides with patients to oppose the arbitrary use of power whether by physicians or the government; the rubric is patient rights. This is why American law, not philosophy or medicine, is primarily responsible for the agenda, development, and current state of American bioethics.").
2. See C.E. Schneider, "Bioethics in the Language of the Law," Hastings Center Report 24, no. 4 (1994): 16-17.
3. See A.R. Jonsen, A Short History of Medical Ethics (New York: Oxford University Press, 2000): 115-20 (describing the start of modern bioethics by saying that, "Gradually, scholars from the two academic disciplines that had traditionally studied morality, philosophy and theology, began to join the scientists," though acknowledging that a broader range of disciplines including law eventually entered the field as well); A.R. Jonsen, The Birth of Bioethics (New York: Oxford University Press, 1998): 34 ("when scholars from the classical disciplines of theology and philosophy joined those early conversations, they brought a sharper concept of ethics.... The bioethics that began to appear during the 1970s...was their creation."). Though Jonsen credits theology and philosophy with founding modern bioethics, he also finds that, "The discipline that has mixed most prominently with bioethics has been law." Id. at 342. Yet Jonsen directly challenges Annas's vision of law driving bioethics. Id. at 343.
4. See A.R. Jonsen, A Short History of Medical Ethics (New York: Oxford University Press, 2000): 115-20 (describing the start of modern bioethics by saying that, "Gradually, scholars from the two academic disciplines that had traditionally studied morality, philosophy and theology, began to join the scientists," though acknowledging that a broader range of disciplines including law eventually entered the field as well); A.R. Jonsen, The Birth of Bioethics (New York: Oxford University Press, 1998): 34 ("when scholars from the classical disciplines of theology and philosophy joined those early conversations, they brought a sharper concept of ethics.... The bioethics that began to appear during the 1970s...was their creation."). Though Jonsen credits theology and philosophy with founding modern bioethics, he also finds that, "The discipline that has mixed most prominently with bioethics has been law." Id. at 342. Yet Jonsen directly challenges Annas's vision of law driving bioethics. Id. at 343.
5. See A.R. Jonsen, A Short History of Medical Ethics (New York: Oxford University Press, 2000): 115-20 (describing the start of modern bioethics by saying that, "Gradually, scholars from the two academic disciplines that had traditionally studied morality, philosophy and theology, began to join the scientists," though acknowledging that a broader range of disciplines including law eventually entered the field as well); A.R. Jonsen, The Birth of Bioethics (New York: Oxford University Press, 1998): 34 ("when scholars from the classical disciplines of theology and philosophy joined those early conversations, they brought a sharper concept of ethics.... The bioethics that began to appear during the 1970s...was their creation."). Though Jonsen credits theology and philosophy with founding modern bioethics, he also finds that, "The discipline that has mixed most prominently with bioethics has been law." Id. at 342. Yet Jonsen directly challenges Annas's vision of law driving bioethics. Id. at 343.
6. See A.R. Jonsen, A Short History of Medical Ethics (New York: Oxford University Press, 2000): 115-20 (describing the start of modern bioethics by saying that, "Gradually, scholars from the two academic disciplines that had traditionally studied morality, philosophy and theology, began to join the scientists," though acknowledging that a broader range of disciplines including law eventually entered the field as well); A.R. Jonsen, The Birth of Bioethics (New York: Oxford University Press, 1998): 34 ("when scholars from the classical disciplines of theology and philosophy joined those early conversations, they brought a sharper concept of ethics.... The bioethics that began to appear during the 1970s...was their creation."). Though Jonsen credits theology and philosophy with founding modern bioethics, he also finds that, "The discipline that has mixed most prominently with bioethics has been law." Id. at 342. Yet Jonsen directly challenges Annas's vision of law driving bioethics. Id. at 343.
7. See, e.g., Annas, supra note 1; A.M. Capron and V. Michel, "Law and Bioethics," Loyola of Los Angeles Law Review 27 (1993): 25-40, 32 (finding that law has shaped bioethics, but that bioethics has also shaped law).
8. See, e.g., Annas, supra note 1; A.M. Capron and V. Michel, "Law and Bioethics," Loyola of Los Angeles Law Review 27 (1993): 25-40, 32 (finding that law has shaped bioethics, but that bioethics has also shaped law).
9. See, e.g., D. Callahan, "Religion and the Secularization of Bioethics," Hastings Center Report 20, no. 4 (1990): S2-4; D. Callahan, "Bioethics: Private Choice and Common Good," Hastings Center Report 24, no. 3 (1994): 28-31.
10. See, e.g., D. Callahan, "Religion and the Secularization of Bioethics," Hastings Center Report 20, no. 4 (1990): S2-4; D. Callahan, "Bioethics: Private Choice and Common Good," Hastings Center Report 24, no. 3 (1994): 28-31.
11. See, e.g., A.M. Capron and L.R. Kass, "A Statutory Definition of the Standards for Determining Human Death: An Appraisal and Proposal," University of Pennsylvania Law Review 121 (1972): 87-118; Capron and Michel, supra note 4.
12. See, e.g., A.M. Capron and L.R. Kass, "A Statutory Definition of the Standards for Determining Human Death: An Appraisal and Proposal," University of Pennsylvania Law Review 121 (1972): 87-118; Capron and Michel, supra note 4.
13. See, e.g., M. Wadman, "Business Booms for Guides to Biology's Moral Maze," Nature 389 (1997): 658-59; R.C. Fox and J.P. Swazey, "Leaving the Field," Hastings Center Report 22, no. 5 (1992): 9-15; Callahan, "Religion and the Secularization of Bioethics," supra note 5, at S4.
14. See, e.g., M. Wadman, "Business Booms for Guides to Biology's Moral Maze," Nature 389 (1997): 658-59; R.C. Fox and J.P. Swazey, "Leaving the Field," Hastings Center Report 22, no. 5 (1992): 9-15; Callahan, "Religion and the Secularization of Bioethics," supra note 5, at S4.
15. See, e.g., M. Wadman, "Business Booms for Guides to Biology's Moral Maze," Nature 389 (1997): 658-59; R.C. Fox and J.P. Swazey, "Leaving the Field," Hastings Center Report 22, no. 5 (1992): 9-15; Callahan, "Religion and the Secularization of Bioethics," supra note 5, at S4.
16. The central, though not only, federal regulation is the Common Rule, found at 45 C.F.R. pt. 42 (2003).
17. On federal and state statutes recognizing advance directives, see A. Meisel and K.L. Cerminara, The Right to Die: The Law of End-of-Life Decisionmaking (New York: Aspen Publishers, 3d ed. 2004): chapter 7.
18. See T.L. Hafemeister et al., "The Judicial Role in Life-Sustaining Medical Treatment Decisions," Issues in Law & Medicine 7 (1991): 53-72.
19. See Cruzan v. Dir., Mo. Dept. of Health, 497 U.S. 261 (1990); Vacco v. Quill, 521 U.S. 793 (1997); Washington v. Glucksberg, 521 U.S. 702 (1997).
20. See Cruzan v. Dir., Mo. Dept. of Health, 497 U.S. 261 (1990); Vacco v. Quill, 521 U.S. 793 (1997); Washington v. Glucksberg, 521 U.S. 702 (1997).
21. See Schiavo v. Bush, No. 03-008212-CI-20 (Fla. Cir. Ct. May 5, 2004); A Goodnough, "Florida Judge Authorizes Removal of Feeding Tube," New York Times, May 7, 2004, at A5; A. Goodnough, "Florida: Rights in Feeding-Tube Case," New York Times, Feb. 14, 2004, at A16; A. Liptak, "In Florida Right-to-Die Case, Legislation that Puts the Constitution at Issue," New York Times, Oct. 23, 2003, at A20.
22. See Schiavo v. Bush, No. 03-008212-CI-20 (Fla. Cir. Ct. May 5, 2004); A Goodnough, "Florida Judge Authorizes Removal of Feeding Tube," New York Times, May 7, 2004, at A5; A. Goodnough, "Florida: Rights in Feeding-Tube Case," New York Times, Feb. 14, 2004, at A16; A. Liptak, "In Florida Right-to-Die Case, Legislation that Puts the Constitution at Issue," New York Times, Oct. 23, 2003, at A20.
23. See Schiavo v. Bush, No. 03-008212-CI-20 (Fla. Cir. Ct. May 5, 2004); A Goodnough, "Florida Judge Authorizes Removal of Feeding Tube," New York Times, May 7, 2004, at A5; A. Goodnough, "Florida: Rights in Feeding-Tube Case," New York Times, Feb. 14, 2004, at A16; A. Liptak, "In Florida Right-to-Die Case, Legislation that Puts the Constitution at Issue," New York Times, Oct. 23, 2003, at A20.
24. See Schiavo v. Bush, No. 03-008212-CI-20 (Fla. Cir. Ct. May 5, 2004); A Goodnough, "Florida Judge Authorizes Removal of Feeding Tube," New York Times, May 7, 2004, at A5; A. Goodnough, "Florida: Rights in Feeding-Tube Case," New York Times, Feb. 14, 2004, at A16; A. Liptak, "In Florida Right-to-Die Case, Legislation that Puts the Constitution at Issue," New York Times, Oct. 23, 2003, at A20.
25. See L.B. Andrews, "The Current and Future Legal Status of Cloning," commissioned paper in Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs. html〉 (last visited April 26, 2004); National Bioethics Advisory Commission, Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004); President's Council on Bioethics, Human Cloning and Human Dignity: An Ethical Inquiry (Washington, DC: 2002), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004) [hereinafter "President's Council on Bioethics, Human Cloning"].
26. See L.B. Andrews, "The Current and Future Legal Status of Cloning," commissioned paper in Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs. html〉 (last visited April 26, 2004); National Bioethics Advisory Commission, Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004); President's Council on Bioethics, Human Cloning and Human Dignity: An Ethical Inquiry (Washington, DC: 2002), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004) [hereinafter "President's Council on Bioethics, Human Cloning"].
27. See L.B. Andrews, "The Current and Future Legal Status of Cloning," commissioned paper in Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs. html〉 (last visited April 26, 2004); National Bioethics Advisory Commission, Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004); President's Council on Bioethics, Human Cloning and Human Dignity: An Ethical Inquiry (Washington, DC: 2002), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004) [hereinafter "President's Council on Bioethics, Human Cloning"].
28. See L.B. Andrews, "The Current and Future Legal Status of Cloning," commissioned paper in Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs. html〉 (last visited April 26, 2004); National Bioethics Advisory Commission, Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville, MD: 1997), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004); President's Council on Bioethics, Human Cloning and Human Dignity: An Ethical Inquiry (Washington, DC: 2002), available at 〈http://www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004) [hereinafter "President's Council on Bioethics, Human Cloning"].
29. See E. Elhauge, "Allocating Health Care Morally," California Law Review 82 (1994): 1449-1544.
30. See M.A. Hall, "Law, Medicine, and Trust," Stanford Law Review 55 (2002): 463-527.
31. See M.G. Bloche, "The Invention of Health Law," California Law Review 91 (2003): 247-322.
32. See, e.g., S.M. Wolf, "Shifting Paradigms in Bioethics and Health Law: The Rise of a New Pragmatism," American Journal of Law & Medicine 20 (1994): 395-415; G. McGee, ed., Pragmatic Bioethics (Nashville, TN: Vanderbilt University Press, 1999).
33. See, e.g., S.M. Wolf, "Shifting Paradigms in Bioethics and Health Law: The Rise of a New Pragmatism," American Journal of Law & Medicine 20 (1994): 395-415; G. McGee, ed., Pragmatic Bioethics (Nashville, TN: Vanderbilt University Press, 1999).
34. J.D. Moreno, "Introduction," in J.D. Moreno, ed., In the Wake of Terror: Medicine and Morality in a Time of Crisis (Cambridge, MA: MIT Press, 2003): xv-xxiv, xviii. See also J.D. Moreno, "Bioethics After the Terror," American Journal of Bioethics 2 (2002): 60-64; G.J. Annas, "Terrorism and Human Rights," in Moreno, ed., In the Wake of Terror, supra, at 33-49. The events of 9/11 and concerns over bioterrorism have had an immediate and obvious impact on the law and bioethics of public health. See, e.g., L.O. Gostin, "When Terrorism Threatens Health: How Far Are Limitations on Personal and Economic Liberties Justified?" Florida Law Review 55 (2003): 1105-70; J.F. Childress and R.G. Bernheim, "Beyond the Liberal and Communitarian Impasse: A Framework and Vision for Public Health," Florida Law Review 55 (2003): 1191-1219.
35. J.D. Moreno, "Introduction," in J.D. Moreno, ed., In the Wake of Terror: Medicine and Morality in a Time of Crisis (Cambridge, MA: MIT Press, 2003): xv-xxiv, xviii. See also J.D. Moreno, "Bioethics After the Terror," American Journal of Bioethics 2 (2002): 60-64; G.J. Annas, "Terrorism and Human Rights," in Moreno, ed., In the Wake of Terror, supra, at 33-49. The events of 9/11 and concerns over bioterrorism have had an immediate and obvious impact on the law and bioethics of public health. See, e.g., L.O. Gostin, "When Terrorism Threatens Health: How Far Are Limitations on Personal and Economic Liberties Justified?" Florida Law Review 55 (2003): 1105-70; J.F. Childress and R.G. Bernheim, "Beyond the Liberal and Communitarian Impasse: A Framework and Vision for Public Health," Florida Law Review 55 (2003): 1191-1219.
36. J.D. Moreno, "Introduction," in J.D. Moreno, ed., In the Wake of Terror: Medicine and Morality in a Time of Crisis (Cambridge, MA: MIT Press, 2003): xv-xxiv, xviii. See also J.D. Moreno, "Bioethics After the Terror," American Journal of Bioethics 2 (2002): 60-64; G.J. Annas, "Terrorism and Human Rights," in Moreno, ed., In the Wake of Terror, supra, at 33-49. The events of 9/11 and concerns over bioterrorism have had an immediate and obvious impact on the law and bioethics of public health. See, e.g., L.O. Gostin, "When Terrorism Threatens Health: How Far Are Limitations on Personal and Economic Liberties Justified?" Florida Law Review 55 (2003): 1105-70; J.F. Childress and R.G. Bernheim, "Beyond the Liberal and Communitarian Impasse: A Framework and Vision for Public Health," Florida Law Review 55 (2003): 1191-1219.
37. J.D. Moreno, "Introduction," in J.D. Moreno, ed., In the Wake of Terror: Medicine and Morality in a Time of Crisis (Cambridge, MA: MIT Press, 2003): xv-xxiv, xviii. See also J.D. Moreno, "Bioethics After the Terror," American Journal of Bioethics 2 (2002): 60-64; G.J. Annas, "Terrorism and Human Rights," in Moreno, ed., In the Wake of Terror, supra, at 33-49. The events of 9/11 and concerns over bioterrorism have had an immediate and obvious impact on the law and bioethics of public health. See, e.g., L.O. Gostin, "When Terrorism Threatens Health: How Far Are Limitations on Personal and Economic Liberties Justified?" Florida Law Review 55 (2003): 1105-70; J.F. Childress and R.G. Bernheim, "Beyond the Liberal and Communitarian Impasse: A Framework and Vision for Public Health," Florida Law Review 55 (2003): 1191-1219.
38. J.D. Moreno, "Introduction," in J.D. Moreno, ed., In the Wake of Terror: Medicine and Morality in a Time of Crisis (Cambridge, MA: MIT Press, 2003): xv-xxiv, xviii. See also J.D. Moreno, "Bioethics After the Terror," American Journal of Bioethics 2 (2002): 60-64; G.J. Annas, "Terrorism and Human Rights," in Moreno, ed., In the Wake of Terror, supra, at 33-49. The events of 9/11 and concerns over bioterrorism have had an immediate and obvious impact on the law and bioethics of public health. See, e.g., L.O. Gostin, "When Terrorism Threatens Health: How Far Are Limitations on Personal and Economic Liberties Justified?" Florida Law Review 55 (2003): 1105-70; J.F. Childress and R.G. Bernheim, "Beyond the Liberal and Communitarian Impasse: A Framework and Vision for Public Health," Florida Law Review 55 (2003): 1191-1219.
39. See, e.g., S. Jasanoff, "Ordering Knowledge, Ordering Society," in S. Jasanoff, ed., States of Knowledge: The Co-production of Science and Social Order (New York: Routleclge, 2004): 13-45; J. Reardon, "The Human Genome Diversity Project: A Case Study in Coproduction," Social Studies of Science 31 (2001): 357-88. Jasanoff suggested this vision of co-production in 1995, rejecting the "culture clash" cliché about the relationship of science and law in favor of a more nuanced vision based in case studies: "[T]he cultures of law and science are in fact mutually constitutive in ways that have previously escaped systematic analysis.... [T]hese institutions jointly produce our social and scientific knowledge...." S. Jasanoff, Science at the Bar: Law, Science, and Technology in America (Cambridge, MA: Harvard University Press, 1995): 8. I am grateful to Jay Aronson and his insightful work on DNA evidence in the courtroom for first bringing the co-production framework to my attention. J.D. Aronson, "Taming the Hypervariable Witness: The Introduction, Contestation, and Regulation of Forensic DNA Evidence in the American Legal System," unpublished manuscript (2003).
40. See, e.g., S. Jasanoff, "Ordering Knowledge, Ordering Society," in S. Jasanoff, ed., States of Knowledge: The Co-production of Science and Social Order (New York: Routleclge, 2004): 13-45; J. Reardon, "The Human Genome Diversity Project: A Case Study in Coproduction," Social Studies of Science 31 (2001): 357-88. Jasanoff suggested this vision of co-production in 1995, rejecting the "culture clash" cliché about the relationship of science and law in favor of a more nuanced vision based in case studies: "[T]he cultures of law and science are in fact mutually constitutive in ways that have previously escaped systematic analysis.... [T]hese institutions jointly produce our social and scientific knowledge...." S. Jasanoff, Science at the Bar: Law, Science, and Technology in America (Cambridge, MA: Harvard University Press, 1995): 8. I am grateful to Jay Aronson and his insightful work on DNA evidence in the courtroom for first bringing the co-production framework to my attention. J.D. Aronson, "Taming the Hypervariable Witness: The Introduction, Contestation, and Regulation of Forensic DNA Evidence in the American Legal System," unpublished manuscript (2003).
41. See, e.g., S. Jasanoff, "Ordering Knowledge, Ordering Society," in S. Jasanoff, ed., States of Knowledge: The Co-production of Science and Social Order (New York: Routleclge, 2004): 13-45; J. Reardon, "The Human Genome Diversity Project: A Case Study in Coproduction," Social Studies of Science 31 (2001): 357-88. Jasanoff suggested this vision of co-production in 1995, rejecting the "culture clash" cliché about the relationship of science and law in favor of a more nuanced vision based in case studies: "[T]he cultures of law and science are in fact mutually constitutive in ways that have previously escaped systematic analysis.... [T]hese institutions jointly produce our social and scientific knowledge...." S. Jasanoff, Science at the Bar: Law, Science, and Technology in America (Cambridge, MA: Harvard University Press, 1995): 8. I am grateful to Jay Aronson and his insightful work on DNA evidence in the courtroom for first bringing the co-production framework to my attention. J.D. Aronson, "Taming the Hypervariable Witness: The Introduction, Contestation, and Regulation of Forensic DNA Evidence in the American Legal System," unpublished manuscript (2003).
42. See, e.g., S. Jasanoff, "Ordering Knowledge, Ordering Society," in S. Jasanoff, ed., States of Knowledge: The Co-production of Science and Social Order (New York: Routleclge, 2004): 13-45; J. Reardon, "The Human Genome Diversity Project: A Case Study in Coproduction," Social Studies of Science 31 (2001): 357-88. Jasanoff suggested this vision of co-production in 1995, rejecting the "culture clash" cliché about the relationship of science and law in favor of a more nuanced vision based in case studies: "[T]he cultures of law and science are in fact mutually constitutive in ways that have previously escaped systematic analysis.... [T]hese institutions jointly produce our social and scientific knowledge...." S. Jasanoff, Science at the Bar: Law, Science, and Technology in America (Cambridge, MA: Harvard University Press, 1995): 8. I am grateful to Jay Aronson and his insightful work on DNA evidence in the courtroom for first bringing the co-production framework to my attention. J.D. Aronson, "Taming the Hypervariable Witness: The Introduction, Contestation, and Regulation of Forensic DNA Evidence in the American Legal System," unpublished manuscript (2003).
43. The incoming president of the American Society for Bioethics and Humanities is an M.D., J.D., and the Society's Board of Directors has mixed lawyers with non-lawyers.
44. See Meisel and Cerminara, supra note 9, at chapters 2, 7.
45. See, e.g., S.H. Johnson, symposium ed., "Symposium: Improving Treatment for Pain - Legal, Regulatory, and Research Perspectives," Journal of Law, Medicine & Ethics 31 (2003): 7-118.
46. See Symposium, "Physician-Assisted Suicide: Facing Death After Glucksberg and Quill," Minnesota Law Review 82 (1998): 885-1101; OR. REV. STAT. §§127.800-127.890, 127.895, 127.897 (1994).
47. See, e.g., H. Brody, "Bringing Clarity to the Futility Debate: Don't Use the Wrong Cases," Cambridge Quarterly of Healthcare Ethics 7 (1998): 269-73; L.J. Schneiderman, Commentary, "Bringing Clarity to the Futility Debate: Are the Cases Wrong?" Cambridge Quarterly of Healthcare Ethics 7 (1998): 273-78; H. Brody, "Medical Futility: A Useful Concept," in M.B. Zucker and H.D. Zucker, eds., Medical Futility and the Evaluation of Life-Sustaining Interventions (New York: Cambridge University Press, 1997): 1-14; L.J. Schneiderman and N.S. Jecker, Wrong Medicine: Doctors, Patients, and Futile Treatment (Baltimore: Johns Hopkins University Press, 1995); L.J. Schneiderman and N.S. Jecker, "Is the Treatment Beneficial, Experimental, or Futile?" Cambridge Quarterly of Healthcare Ethics 5 (1996): 248-56.
48. See, e.g., H. Brody, "Bringing Clarity to the Futility Debate: Don't Use the Wrong Cases," Cambridge Quarterly of Healthcare Ethics 7 (1998): 269-73; L.J. Schneiderman, Commentary, "Bringing Clarity to the Futility Debate: Are the Cases Wrong?" Cambridge Quarterly of Healthcare Ethics 7 (1998): 273-78; H. Brody, "Medical Futility: A Useful Concept," in M.B. Zucker and H.D. Zucker, eds., Medical Futility and the Evaluation of Life-Sustaining Interventions (New York: Cambridge University Press, 1997): 1-14; L.J. Schneiderman and N.S. Jecker, Wrong Medicine: Doctors, Patients, and Futile Treatment (Baltimore: Johns Hopkins University Press, 1995); L.J. Schneiderman and N.S. Jecker, "Is the Treatment Beneficial, Experimental, or Futile?" Cambridge Quarterly of Healthcare Ethics 5 (1996): 248-56.
49. See, e.g., H. Brody, "Bringing Clarity to the Futility Debate: Don't Use the Wrong Cases," Cambridge Quarterly of Healthcare Ethics 7 (1998): 269-73; L.J. Schneiderman, Commentary, "Bringing Clarity to the Futility Debate: Are the Cases Wrong?" Cambridge Quarterly of Healthcare Ethics 7 (1998): 273-78; H. Brody, "Medical Futility: A Useful Concept," in M.B. Zucker and H.D. Zucker, eds., Medical Futility and the Evaluation of Life-Sustaining Interventions (New York: Cambridge University Press, 1997): 1-14; L.J. Schneiderman and N.S. Jecker, Wrong Medicine: Doctors, Patients, and Futile Treatment (Baltimore: Johns Hopkins University Press, 1995); L.J. Schneiderman and N.S. Jecker, "Is the Treatment Beneficial, Experimental, or Futile?" Cambridge Quarterly of Healthcare Ethics 5 (1996): 248-56.
50. See, e.g., H. Brody, "Bringing Clarity to the Futility Debate: Don't Use the Wrong Cases," Cambridge Quarterly of Healthcare Ethics 7 (1998): 269-73; L.J. Schneiderman, Commentary, "Bringing Clarity to the Futility Debate: Are the Cases Wrong?" Cambridge Quarterly of Healthcare Ethics 7 (1998): 273-78; H. Brody, "Medical Futility: A Useful Concept," in M.B. Zucker and H.D. Zucker, eds., Medical Futility and the Evaluation of Life-Sustaining Interventions (New York: Cambridge University Press, 1997): 1-14; L.J. Schneiderman and N.S. Jecker, Wrong Medicine: Doctors, Patients, and Futile Treatment (Baltimore: Johns Hopkins University Press, 1995); L.J. Schneiderman and N.S. Jecker, "Is the Treatment Beneficial, Experimental, or Futile?" Cambridge Quarterly of Healthcare Ethics 5 (1996): 248-56.
51. See, e.g., H. Brody, "Bringing Clarity to the Futility Debate: Don't Use the Wrong Cases," Cambridge Quarterly of Healthcare Ethics 7 (1998): 269-73; L.J. Schneiderman, Commentary, "Bringing Clarity to the Futility Debate: Are the Cases Wrong?" Cambridge Quarterly of Healthcare Ethics 7 (1998): 273-78; H. Brody, "Medical Futility: A Useful Concept," in M.B. Zucker and H.D. Zucker, eds., Medical Futility and the Evaluation of Life-Sustaining Interventions (New York: Cambridge University Press, 1997): 1-14; L.J. Schneiderman and N.S. Jecker, Wrong Medicine: Doctors, Patients, and Futile Treatment (Baltimore: Johns Hopkins University Press, 1995); L.J. Schneiderman and N.S. Jecker, "Is the Treatment Beneficial, Experimental, or Futile?" Cambridge Quarterly of Healthcare Ethics 5 (1996): 248-56.
52. See, e.g., C.E. Schneider, The Practice of Autonomy: Patients, Doctors and Medical Decisions (New York: Oxford University Press, 1998).
53. See J.K. Davis, "The Concept of Precedent Autonomy," Bioethics 16 (2002): 114-33; M. Quante, "Precedent Autonomy and Personal Identity," Kennedy Institute of Ethics Journal 9 (1999): 365-81; R.S. Dresser and J.A. Robertson, "Quality of Life and Non-treatment Decisions for Incompetent Patients: A Critique of the Orthodox Approach," Law, Medicine & Health Care 17 (1989): 234-44.
54. See J.K. Davis, "The Concept of Precedent Autonomy," Bioethics 16 (2002): 114-33; M. Quante, "Precedent Autonomy and Personal Identity," Kennedy Institute of Ethics Journal 9 (1999): 365-81; R.S. Dresser and J.A. Robertson, "Quality of Life and Non-treatment Decisions for Incompetent Patients: A Critique of the Orthodox Approach," Law, Medicine & Health Care 17 (1989): 234-44.
55. See J.K. Davis, "The Concept of Precedent Autonomy," Bioethics 16 (2002): 114-33; M. Quante, "Precedent Autonomy and Personal Identity," Kennedy Institute of Ethics Journal 9 (1999): 365-81; R.S. Dresser and J.A. Robertson, "Quality of Life and Non-treatment Decisions for Incompetent Patients: A Critique of the Orthodox Approach," Law, Medicine & Health Care 17 (1989): 234-44.
56. See Brief for Ronald Dworkin et al. as Amici Curiae in Support of Respondents, Washington v. Glucksberg, 521 U.S. 702 (1997) (No. 96-110) and Vacco v. Quill, 521 U.S. 793 (1997) (No. 95-1858) (the "Philosophers' Brief").
57. Recent litigation prompted by human subjects research is altering the mix of legal tools in play. See, e.g., Grimes v. Kennedy Krieger Inst., 782 A.2d 807 (Md. 2001).
58. On the federal regulation in play, see supra note 8 regarding the Common Rule. Additional important regulation protecting human subjects includes that of the FDA. See 21 C.F.R. pts. 50-56 (2003). On the relevant state law, see, e.g., CAL. HEALTH & SAFETY CODE §§ 24170-24179.5 (West 1978 & Supp. 2003); VA. CODE ANN. tit. 32.1 § 162.16-20 (Michie 1979 & Supp. 2003); WASH. REV. CODE ANN. §§ 42.48.010-900 (West 1985 & Supp. 2003).
59. For recent debate on the competence and quality of IRBs, see Institute of Medicine (IOM), Preserving Public Trust: Accreditation and Human Research Participant Protection Programs (Washington, DC: National Academy Press, 2001); Recommendations to General Clinical Research Centers (GCRCs) for Patient Safety in Clinical Research, Recommendations Presented to and Accepted by the National Advisory Research Resources Council (NARRC) on May 17, 2001, available at 〈http://www.ncrr.nih.gov/clinical/gcrcpatientsafety20010622.asp〉 (last visited April 26, 2004); Institute of Medicine (IOM), Institutional Review Boards and Health Services Research Data Privacy (Washington, DC: National Academy Press, 2000); G.B. Ellis, "Institutional Review Boards (IRBs): A System in Jeopardy," Testimony Before the Senate Committee on Governmental Affairs (Mar. 12, 1996), available at 〈http://www.hhs.gov/asl/testify/ t960312a.html〉 (last visited April 26, 2004).
60. For recent debate on the competence and quality of IRBs, see Institute of Medicine (IOM), Preserving Public Trust: Accreditation and Human Research Participant Protection Programs (Washington, DC: National Academy Press, 2001); Recommendations to General Clinical Research Centers (GCRCs) for Patient Safety in Clinical Research, Recommendations Presented to and Accepted by the National Advisory Research Resources Council (NARRC) on May 17, 2001, available at 〈http://www.ncrr.nih.gov/clinical/gcrcpatientsafety20010622.asp〉 (last visited April 26, 2004); Institute of Medicine (IOM), Institutional Review Boards and Health Services Research Data Privacy (Washington, DC: National Academy Press, 2000); G.B. Ellis, "Institutional Review Boards (IRBs): A System in Jeopardy," Testimony Before the Senate Committee on Governmental Affairs (Mar. 12, 1996), available at 〈http://www.hhs.gov/asl/testify/ t960312a.html〉 (last visited April 26, 2004).
61. For recent debate on the competence and quality of IRBs, see Institute of Medicine (IOM), Preserving Public Trust: Accreditation and Human Research Participant Protection Programs (Washington, DC: National Academy Press, 2001); Recommendations to General Clinical Research Centers (GCRCs) for Patient Safety in Clinical Research, Recommendations Presented to and Accepted by the National Advisory Research Resources Council (NARRC) on May 17, 2001, available at 〈http://www.ncrr.nih.gov/clinical/gcrcpatientsafety20010622.asp〉 (last visited April 26, 2004); Institute of Medicine (IOM), Institutional Review Boards and Health Services Research Data Privacy (Washington, DC: National Academy Press, 2000); G.B. Ellis, "Institutional Review Boards (IRBs): A System in Jeopardy," Testimony Before the Senate Committee on Governmental Affairs (Mar. 12, 1996), available at 〈http://www.hhs.gov/asl/testify/ t960312a.html〉 (last visited April 26, 2004).
62. For recent debate on the competence and quality of IRBs, see Institute of Medicine (IOM), Preserving Public Trust: Accreditation and Human Research Participant Protection Programs (Washington, DC: National Academy Press, 2001); Recommendations to General Clinical Research Centers (GCRCs) for Patient Safety in Clinical Research, Recommendations Presented to and Accepted by the National Advisory Research Resources Council (NARRC) on May 17, 2001, available at 〈http://www.ncrr.nih.gov/clinical/gcrcpatientsafety20010622.asp〉 (last visited April 26, 2004); Institute of Medicine (IOM), Institutional Review Boards and Health Services Research Data Privacy (Washington, DC: National Academy Press, 2000); G.B. Ellis, "Institutional Review Boards (IRBs): A System in Jeopardy," Testimony Before the Senate Committee on Governmental Affairs (Mar. 12, 1996), available at 〈http://www.hhs.gov/asl/testify/ t960312a.html〉 (last visited April 26, 2004).
63. The federal regulations on human subjects research have provoked a huge literature, whose outpouring continues. Recent examples include N. Kass, L. Dawson and N.I. Loyo-Berrios, "Ethical Oversight of Research in Developing Countries," IRB: Ethics & Human Research 25, no. 2 (2003): 1-10; L.R. Churchill et al., "Assessing Benefits in Clinical Research: Why Diversity in Benefit Assessment Can Be Risky," IRB: Ethics & Human Research 25, no. 3 (2003); 1-8; S.M. Wolf, J.P. Kahn and J.E. Wagner, "Using Preimplantation Genetic Diagnosis to Create a Stem Cell Donor: Issues, Guidelines & Limits," Journal of Law, Medicine & Ethics 31 (2003): 327-39; C. Grady, "Money for Research Participation: Does It Jeopardize Informed Consent?" American Journal of Bioethics 1, no. 2 (2001): 40-44.
64. The federal regulations on human subjects research have provoked a huge literature, whose outpouring continues. Recent examples include N. Kass, L. Dawson and N.I. Loyo-Berrios, "Ethical Oversight of Research in Developing Countries," IRB: Ethics & Human Research 25, no. 2 (2003): 1-10; L.R. Churchill et al., "Assessing Benefits in Clinical Research: Why Diversity in Benefit Assessment Can Be Risky," IRB: Ethics & Human Research 25, no. 3 (2003); 1-8; S.M. Wolf, J.P. Kahn and J.E. Wagner, "Using Preimplantation Genetic Diagnosis to Create a Stem Cell Donor: Issues, Guidelines & Limits," Journal of Law, Medicine & Ethics 31 (2003): 327-39; C. Grady, "Money for Research Participation: Does It Jeopardize Informed Consent?" American Journal of Bioethics 1, no. 2 (2001): 40-44.
65. The federal regulations on human subjects research have provoked a huge literature, whose outpouring continues. Recent examples include N. Kass, L. Dawson and N.I. Loyo-Berrios, "Ethical Oversight of Research in Developing Countries," IRB: Ethics & Human Research 25, no. 2 (2003): 1-10; L.R. Churchill et al., "Assessing Benefits in Clinical Research: Why Diversity in Benefit Assessment Can Be Risky," IRB: Ethics & Human Research 25, no. 3 (2003); 1-8; S.M. Wolf, J.P. Kahn and J.E. Wagner, "Using Preimplantation Genetic Diagnosis to Create a Stem Cell Donor: Issues, Guidelines & Limits," Journal of Law, Medicine & Ethics 31 (2003): 327-39; C. Grady, "Money for Research Participation: Does It Jeopardize Informed Consent?" American Journal of Bioethics 1, no. 2 (2001): 40-44.
66. The federal regulations on human subjects research have provoked a huge literature, whose outpouring continues. Recent examples include N. Kass, L. Dawson and N.I. Loyo-Berrios, "Ethical Oversight of Research in Developing Countries," IRB: Ethics & Human Research 25, no. 2 (2003): 1-10; L.R. Churchill et al., "Assessing Benefits in Clinical Research: Why Diversity in Benefit Assessment Can Be Risky," IRB: Ethics & Human Research 25, no. 3 (2003); 1-8; S.M. Wolf, J.P. Kahn and J.E. Wagner, "Using Preimplantation Genetic Diagnosis to Create a Stem Cell Donor: Issues, Guidelines & Limits," Journal of Law, Medicine & Ethics 31 (2003): 327-39; C. Grady, "Money for Research Participation: Does It Jeopardize Informed Consent?" American Journal of Bioethics 1, no. 2 (2001): 40-44.
67. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
68. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
69. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
70. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
71. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
72. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
73. See, e.g., National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (Washington, DC: U.S. Government Printing Office, 1979); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Protecting Human Subjects: First Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and Their Implementation for the Protection of Human Subjects in Biomedical and Behavioral Research (Washington, DC: U.S. Government Printing Office, 1981); President's Commission for the Study of Ethical Issues in Medicine and Biomedical and Behavioral Research, Implementing Human Research Regulations: Second Biennial Report on the Adequacy and Uniformity of Federal Rules and Policies, and of Their Implementation, for the Protection of Human Subjects (Washington, DC: U.S. Government Printing Office, 1983); National Bioethics Advisory Commission, Ethical and Policy Issues in Research Involving Human Participants (2001), available at 〈www.georgetown.edu/research/nrcbl/ nbac/pubs.html〉 (last visited April 26, 2004). A number of other federal advisory bodies have focused on specific issues in human subjects research. See, e.g., Advisory Commission on Human Radiation Experiments, The Human Radiation Experiments (New York: Oxford University Press, 1996). On the history and role of bioethics commissions generally, see U.S. Congress, Office of Technology Assessment, Biomedical Ethics in U.S. Public Policy - Background Paper, OTA-BP-BBS-105 (Washington, DC: U.S. Government Printing Office, 1993); R.E. Bulger, E.M. Bobby and H.V. Fineberg, eds., Institute of Medicine, Committee on the Social and Ethical Impacts of Developments in Biomedicine, Society's Choices: Social and Ethical Decision Making in Biomedicine (Washington, DC: National Academy Press, 1995).
74. See, e.g., D. Wendler et al., "Nonbeneficial Research with Individuals Who Cannot Consent: Is It Ethically Better to Enroll Healthy or Affected Individuals?" IRB: Ethics & Human Research 25, no. 5 (2003): 1-4; National Bioethics Advisory Commission, Research Involving Persons with Mental Disorders that May Affect Decision-Making Capacity (Rockville, MD: 1998), available at 〈www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004).
75. See, e.g., D. Wendler et al., "Nonbeneficial Research with Individuals Who Cannot Consent: Is It Ethically Better to Enroll Healthy or Affected Individuals?" IRB: Ethics & Human Research 25, no. 5 (2003): 1-4; National Bioethics Advisory Commission, Research Involving Persons with Mental Disorders that May Affect Decision-Making Capacity (Rockville, MD: 1998), available at 〈www.georgetown.edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004).
76. See, e.g., F.G. Miller and H. Brody, "A Critique of Clinical Equipoise: Therapeutic Misconception in the Ethics of Clinical Trials," Hastings Center Report 33, no. 3 (2003): 19-28; P. B. Miller and C. Weijer, "Rehabilitating Equipoise," Kennedy Institute of Ethics Journal 13 (2003): 93-118.
77. See, e.g., F.G. Miller and H. Brody, "A Critique of Clinical Equipoise: Therapeutic Misconception in the Ethics of Clinical Trials," Hastings Center Report 33, no. 3 (2003): 19-28; P. B. Miller and C. Weijer, "Rehabilitating Equipoise," Kennedy Institute of Ethics Journal 13 (2003): 93-118.
78. See, e.g., C. Weijer and E.J. Emanuel, "Protecting Communities in Biomedical Research," Science 289 (2000): 1142-44; M.W. Foster et al., "The Role of Community Review in Evaluating the Risks of Human Genetic Variation Research," American Journal of Human Genetics 64 (1999): 1719-27; E.T. Juengst, "Groups as Gatekeepers to Genomic Research: Conceptually Confusing, Morally Hazardous, and Practically Useless," Kennedy Institute of Ethics Journal 8 (1998): 183-200.
79. See, e.g., C. Weijer and E.J. Emanuel, "Protecting Communities in Biomedical Research," Science 289 (2000): 1142-44; M.W. Foster et al., "The Role of Community Review in Evaluating the Risks of Human Genetic Variation Research," American Journal of Human Genetics 64 (1999): 1719-27; E.T. Juengst, "Groups as Gatekeepers to Genomic Research: Conceptually Confusing, Morally Hazardous, and Practically Useless," Kennedy Institute of Ethics Journal 8 (1998): 183-200.
80. See, e.g., C. Weijer and E.J. Emanuel, "Protecting Communities in Biomedical Research," Science 289 (2000): 1142-44; M.W. Foster et al., "The Role of Community Review in Evaluating the Risks of Human Genetic Variation Research," American Journal of Human Genetics 64 (1999): 1719-27; E.T. Juengst, "Groups as Gatekeepers to Genomic Research: Conceptually Confusing, Morally Hazardous, and Practically Useless," Kennedy Institute of Ethics Journal 8 (1998): 183-200.
81. See, e.g., Kass et al., supra note 31; C. Weijer and J.A. Anderson, "The Ethics Wars: Disputes Over International Research," Hastings
82. See, e.g., Kass et al., supra note 31; C. Weijer and J.A. Anderson, "The Ethics Wars: Disputes Over International Research," Hastings Center Report 31, no. 3 (2001): 18-20; National Bioethics Advisory Commission, Ethical and Policy Issues in International Research: Clinical Trials in Developing Countries (Bethesda, MD: 2001), available at 〈www.georgetown. edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004).
83. See, e.g., Kass et al., supra note 31; C. Weijer and J.A. Anderson, "The Ethics Wars: Disputes Over International Research," Hastings Center Report 31, no. 3 (2001): 18-20; National Bioethics Advisory Commission, Ethical and Policy Issues in International Research: Clinical Trials in Developing Countries (Bethesda, MD: 2001), available at 〈www.georgetown. edu/research/nrcbl/nbac/pubs.html〉 (last visited April 26, 2004).
84. See, e.g., "Symposium: Research with Children: The New Legal and Policy Landscape," Journal of Health Care Law & Policy 6 (2002): 1-193; Wolf, Kahn and Wagner, supra note 31.
85. See, e.g., "Symposium: Research with Children: The New Legal and Policy Landscape," Journal of Health Care Law & Policy 6 (2002): 1-193; Wolf, Kahn and Wagner, supra note 31.
86. 42 U.S.C.A. §§ 263a-1 to 263a-7 (West 2003).
87. th Cong. (2003).
88. th Parl. (Canada). On the HFEA, see 〈www.hfea.gov.uk〉 (last visited May 18, 2004).
89. th Parl. (Canada). On the HFEA, see 〈www.hfea.gov.uk〉 (last visited May 18, 2004).
90. th Parl. (Canada). On the HFEA, see 〈www.hfea.gov.uk〉 (last visited May 18, 2004).
91. th Parl. (Canada). On the HFEA, see 〈www.hfea.gov.uk〉 (last visited May 18, 2004).
92. See Uniform Parentage Act (2000), Uniform Laws Annotated, vol. 9B (West 2001 & Supp. 2003); Uniform Status of Children of Assisted Conception Act (1988), Uniform Laws Annotated, vol. 9C (West 2001 & Supp. 2003) (withdrawn 2000).
93. See Uniform Parentage Act (2000), Uniform Laws Annotated, vol. 9B (West 2001 & Supp. 2003); Uniform Status of Children of Assisted Conception Act (1988), Uniform Laws Annotated, vol. 9C (West 2001 & Supp. 2003) (withdrawn 2000).
94. J.A. Robertson, Children of Choice: Freedom and the New Reproductive Technologies (Princeton, NJ: Princeton University Press, 1994).
95. Roe v. Wade, 410 U.S. 113 (1973).
96. For an early example, see In re Baby M, 537 A.2d 1227 (N.J. 1987).
97. See, e.g., New York State Task Force on Life and the Law, Assisted Reproductive Technologies: Analysis and Recommendations for Public Policy (New York: 1998).
98. L.J. Nelson and N. Milliken, "Compelled Medical Treatment of Pregnant Women: Life, Liberty, and Law in Conflict," JAMA 259 (1988): 1060-66.
99. On the history of limits on federal funding for research relating to assisted reproduction, see, e.g., K.A. Byers, "Infertility and In Vitro Fertilization: A Growing Need for Consumer-Oriented Regulation of the In Vitro Fertilization Industry," Journal of Legal Medicine 18 (1997): 265-313; U.S. Congress, Office of Technology Assessment, Infertility: Medical and Social Choices (Washington, DC: U.S. Government Printing Office, 1988): chapter 9.
100. On the history of limits on federal funding for research relating to assisted reproduction, see, e.g., K.A. Byers, "Infertility and In Vitro Fertilization: A Growing Need for Consumer-Oriented Regulation of the In Vitro Fertilization Industry," Journal of Legal Medicine 18 (1997): 265-313; U.S. Congress, Office of Technology Assessment, Infertility: Medical and Social Choices (Washington, DC: U.S. Government Printing Office, 1988): chapter 9.
101. See supra note 8.
102. See National Institutes of Health (NIH), Department of Health and Human Services, "Guidelines for Research Involving Recombinant DNA Molecules," Appendix M, "Points to Consider in the Design and Submission of Protocols for the Transfer of Recombinant DNA Molecules into One or More Human Research Participants (Points to Consider)," available at 〈www4.od.nih.gov/oba/rac/guidelines_02/Appendix_M.htm〉 (last visited April 26, 2004); N.M.P. King, "RAC Oversight of Gene Transfer Research: A Model Worth Extending?" Journal of Law, Medicine & Ethics 30 (2002): 381-86; W.F. Anderson, "Big Changes at the RAC!" Human Gene Therapy 5 (1998): 1309-10.
103. See National Institutes of Health (NIH), Department of Health and Human Services, "Guidelines for Research Involving Recombinant DNA Molecules," Appendix M, "Points to Consider in the Design and Submission of Protocols for the Transfer of Recombinant DNA Molecules into One or More Human Research Participants (Points to Consider)," available at 〈www4.od.nih.gov/oba/rac/guidelines_02/Appendix_M.htm〉 (last visited April 26, 2004); N.M.P. King, "RAC Oversight of Gene Transfer Research: A Model Worth Extending?" Journal of Law, Medicine & Ethics 30 (2002): 381-86; W.F. Anderson, "Big Changes at the RAC!" Human Gene Therapy 5 (1998): 1309-10.
104. See National Institutes of Health (NIH), Department of Health and Human Services, "Guidelines for Research Involving Recombinant DNA Molecules," Appendix M, "Points to Consider in the Design and Submission of Protocols for the Transfer of Recombinant DNA Molecules into One or More Human Research Participants (Points to Consider)," available at 〈www4.od.nih.gov/oba/rac/guidelines_02/Appendix_M.htm〉 (last visited April 26, 2004); N.M.P. King, "RAC Oversight of Gene Transfer Research: A Model Worth Extending?" Journal of Law, Medicine & Ethics 30 (2002): 381-86; W.F. Anderson, "Big Changes at the RAC!" Human Gene Therapy 5 (1998): 1309-10.
105. For a report noting limited FDA review of genetic tests thus far, see N.A. Holtzman and M.S. Watson, eds., "Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing," (1997), available at 〈www.genome.gov/10001733〉 (last visited April 26, 2004). The FDA has recently begun to assert greater jurisdiction in domains such as cloning and assisted reproduction. See, e.g., R. Merrill, "Human Tissues and Reproductive Cloning: New Technologies Challenge FDA," Houston Journal of Health Law and Policy 3 (2002): 1-86; R.A. Merrill and B.J. Rose, "FDA Regulation of Human Cloning: Usurpation or Statesmanship?" Harvard Journal of Law & Technology 15 (2001): 85-148; President's Council on Bioethics, Reproduction and Responsibility, supra note 40, at 56-64. HIPAA restrictions on the use of genetic tests in group health insurance are found at Health Insurance Portability and Accountability Act (HIPAA), 29 U.S.C. §§ 1181-82 (2000).
106. For a report noting limited FDA review of genetic tests thus far, see N.A. Holtzman and M.S. Watson, eds., "Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing," (1997), available at 〈www.genome.gov/10001733〉 (last visited April 26, 2004). The FDA has recently begun to assert greater jurisdiction in domains such as cloning and assisted reproduction. See, e.g., R. Merrill, "Human Tissues and Reproductive Cloning: New Technologies Challenge FDA," Houston Journal of Health Law and Policy 3 (2002): 1-86; R.A. Merrill and B.J. Rose, "FDA Regulation of Human Cloning: Usurpation or Statesmanship?" Harvard Journal of Law & Technology 15 (2001): 85-148; President's Council on Bioethics, Reproduction and Responsibility, supra note 40, at 56-64. HIPAA restrictions on the use of genetic tests in group health insurance are found at Health Insurance Portability and Accountability Act (HIPAA), 29 U.S.C. §§ 1181-82 (2000).
107. For a report noting limited FDA review of genetic tests thus far, see N.A. Holtzman and M.S. Watson, eds., "Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing," (1997), available at 〈www.genome.gov/10001733〉 (last visited April 26, 2004). The FDA has recently begun to assert greater jurisdiction in domains such as cloning and assisted reproduction. See, e.g., R. Merrill, "Human Tissues and Reproductive Cloning: New Technologies Challenge FDA," Houston Journal of Health Law and Policy 3 (2002): 1-86; R.A. Merrill and B.J. Rose, "FDA Regulation of Human Cloning: Usurpation or Statesmanship?" Harvard Journal of Law & Technology 15 (2001): 85-148; President's Council on Bioethics, Reproduction and Responsibility, supra note 40, at 56-64. HIPAA restrictions on the use of genetic tests in group health insurance are found at Health Insurance Portability and Accountability Act (HIPAA), 29 U.S.C. §§ 1181-82 (2000).
108. For a report noting limited FDA review of genetic tests thus far, see N.A. Holtzman and M.S. Watson, eds., "Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing," (1997), available at 〈www.genome.gov/10001733〉 (last visited April 26, 2004). The FDA has recently begun to assert greater jurisdiction in domains such as cloning and assisted reproduction. See, e.g., R. Merrill, "Human Tissues and Reproductive Cloning: New Technologies Challenge FDA," Houston Journal of Health Law and Policy 3 (2002): 1-86; R.A. Merrill and B.J. Rose, "FDA Regulation of Human Cloning: Usurpation or Statesmanship?" Harvard Journal of Law & Technology 15 (2001): 85-148; President's Council on Bioethics, Reproduction and Responsibility, supra note 40, at 56-64. HIPAA restrictions on the use of genetic tests in group health insurance are found at Health Insurance Portability and Accountability Act (HIPAA), 29 U.S.C. §§ 1181-82 (2000).
109. For a report noting limited FDA review of genetic tests thus far, see N.A. Holtzman and M.S. Watson, eds., "Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing," (1997), available at 〈www.genome.gov/10001733〉 (last visited April 26, 2004). The FDA has recently begun to assert greater jurisdiction in domains such as cloning and assisted reproduction. See, e.g., R. Merrill, "Human Tissues and Reproductive Cloning: New Technologies Challenge FDA," Houston Journal of Health Law and Policy 3 (2002): 1-86; R.A. Merrill and B.J. Rose, "FDA Regulation of Human Cloning: Usurpation or Statesmanship?" Harvard Journal of Law & Technology 15 (2001): 85-148; President's Council on Bioethics, Reproduction and Responsibility, supra note 40, at 56-64. HIPAA restrictions on the use of genetic tests in group health insurance are found at Health Insurance Portability and Accountability Act (HIPAA), 29 U.S.C. §§ 1181-82 (2000).
110. th Cong. (2003).
111. th Cong. (2003).
112. On cloning, see, e.g., CAL. HEALTH & SAFETY CODE §§ 24185, 24187 (West Supp. 2004), and CAL. BUS. & PROF. CODE §§ 1604-05 (West 2004); MICH. COMP. LAWS ANN. §§ 333.16274-75, 333.20197, 333.26402-06, 750.430a (West 2001 & Supp. 2003); R.I. GEN. LAWS §§ 23-16.4-1 to 4-4 (2001 & Supp. 2003). On embryo stem cell research, see, e.g., 2003 N.J. Session Law Service chapter 203, Sen. No. 1909 (West). Most states have legislation relating to genetic testing, including limits on the use of genetic testing by insurers and employers. For helpful charts, see National Conference of State Legislatures, NCSL Genetics Tables, available at 〈www.ncsl.org/programs/health/genetics/charts.htm〉 (last visited April 26, 2004).
113. On cloning, see, e.g., CAL. HEALTH & SAFETY CODE §§ 24185, 24187 (West Supp. 2004), and CAL. BUS. & PROF. CODE §§ 1604-05 (West 2004); MICH. COMP. LAWS ANN. §§ 333.16274-75, 333.20197, 333.26402-06, 750.430a (West 2001 & Supp. 2003); R.I. GEN. LAWS §§ 23-16.4-1 to 4-4 (2001 & Supp. 2003). On embryo stem cell research, see, e.g., 2003 N.J. Session Law Service chapter 203, Sen. No. 1909 (West). Most states have legislation relating to genetic testing, including limits on the use of genetic testing by insurers and employers. For helpful charts, see National Conference of State Legislatures, NCSL Genetics Tables, available at 〈www.ncsl.org/programs/health/genetics/charts.htm〉 (last visited April 26, 2004).
114. See, e.g., National Bioethics Advisory Commission, Cloning Human Beings, supra note 13; President's Council on Bioethics, Human Cloning, supra note 13.
115. See, e.g., National Bioethics Advisory Commission, Cloning Human Beings, supra note 13; President's Council on Bioethics, Human Cloning, supra note 13.
116. See, e.g., In re Torres, 357 N.W.2d 332 (Minn. 1984). This confusion between ethics and law is discussed in S.M. Wolf, "Ethics Committees in the Courts," Hastings Center Report 16, no. 3 (1986): 12-15, 14. See also B. Spielman, "Has Faith in Health Care Ethics Consultants Gone Too Far? Risks of an Unregulated Practice and a Model Act to Contain Them," Marquette Law Review 85 (2001): 161-221.
117. See, e.g., In re Torres, 357 N.W.2d 332 (Minn. 1984). This confusion between ethics and law is discussed in S.M. Wolf, "Ethics Committees in the Courts," Hastings Center Report 16, no. 3 (1986): 12-15, 14. See also B. Spielman, "Has Faith in Health Care Ethics Consultants Gone Too Far? Risks of an Unregulated Practice and a Model Act to Contain Them," Marquette Law Review 85 (2001): 161-221.
118. See, e.g., In re Torres, 357 N.W.2d 332 (Minn. 1984). This confusion between ethics and law is discussed in S.M. Wolf, "Ethics Committees in the Courts," Hastings Center Report 16, no. 3 (1986): 12-15, 14. See also B. Spielman, "Has Faith in Health Care Ethics Consultants Gone Too Far? Risks of an Unregulated Practice and a Model Act to Contain Them," Marquette Law Review 85 (2001): 161-221.
119. See Wolf, supra note 54; R. Delgado and P. McAllen, "The Moralist as Expert Witness," Boston University Law Review 62 (1982): 869-926.
120. See Wolf, supra note 54; R. Delgado and P. McAllen, "The Moralist as Expert Witness," Boston University Law Review 62 (1982): 869-926.
121. L.R. Kass, "The Wisdom of Repugnance: Why We Should Ban the Cloning of Human Beings," Valparaiso University Law Review 32 (1998): 679-705; L.R. Kass, "The Wisdom of Repugnance," New Republic June 2, 1997: 17-26.
122. L.R. Kass, "The Wisdom of Repugnance: Why We Should Ban the Cloning of Human Beings," Valparaiso University Law Review 32 (1998): 679-705; L.R. Kass, "The Wisdom of Repugnance," New Republic June 2, 1997: 17-26.
123. See, e.g., J.C. Kunich, "The Naked Clone," Kentucky Law Journal 91 (2002-03): 1-65, 61; H. Greely, "Cloning and Government Regulation," Hastings Law Journal 53 (2002): 1085-96; C.R. Sunstein, "Is There a Constitutional Right to Clone?" Hastings Law Journal 53 (2002): 987-1005.
124. See, e.g., J.C. Kunich, "The Naked Clone," Kentucky Law Journal 91 (2002-03): 1-65, 61; H. Greely, "Cloning and Government Regulation," Hastings Law Journal 53 (2002): 1085-96; C.R. Sunstein, "Is There a Constitutional Right to Clone?" Hastings Law Journal 53 (2002): 987-1005.
125. See, e.g., J.C. Kunich, "The Naked Clone," Kentucky Law Journal 91 (2002-03): 1-65, 61; H. Greely, "Cloning and Government Regulation," Hastings Law Journal 53 (2002): 1085-96; C.R. Sunstein, "Is There a Constitutional Right to Clone?" Hastings Law Journal 53 (2002): 987-1005.
126. See E.H. Morreim, Holding Health Care Accountable: Law and the New Medical Marketplace (New York: Oxford University Press, 2001). See also P.D. Jacobson, Strangers in the Night: Law and Medicine in the Managed Care Era (New York: Oxford University Press, 2002); M.A. Hall, Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms (New York: Oxford University Press, 1997).
127. See E.H. Morreim, Holding Health Care Accountable: Law and the New Medical Marketplace (New York: Oxford University Press, 2001). See also P.D. Jacobson, Strangers in the Night: Law and Medicine in the Managed Care Era (New York: Oxford University Press, 2002); M.A. Hall, Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms (New York: Oxford University Press, 1997).
128. See E.H. Morreim, Holding Health Care Accountable: Law and the New Medical Marketplace (New York: Oxford University Press, 2001). See also P.D. Jacobson, Strangers in the Night: Law and Medicine in the Managed Care Era (New York: Oxford University Press, 2002); M.A. Hall, Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms (New York: Oxford University Press, 1997).
129. See R. Gatter, "Walking the Walk of Trust in Human Subjects Research: The Challenge of Regulating Financial Conflicts of Interest," Emory Law Journal 52 (2003): 327-401.
130. See D. Orentlicher, Matters of Life and Death: Making Moral Theory Work in Medical Ethics and Law (Princeton, NJ: Princeton University Press, 2001). Roger Dworkin also takes an interesting look at the relationship of law and bioethics in R.B. Dworkin, Limits: The Role of Law in Bioethical Decision Making (Bloomington, IN: Indiana University Press, 1996).
131. See D. Orentlicher, Matters of Life and Death: Making Moral Theory Work in Medical Ethics and Law (Princeton, NJ: Princeton University Press, 2001). Roger Dworkin also takes an interesting look at the relationship of law and bioethics in R.B. Dworkin, Limits: The Role of Law in Bioethical Decision Making (Bloomington, IN: Indiana University Press, 1996).
132. N.K. Rhoden, "Trimesters and Technology: Revamping Roe v. Wade," Yale Law Journal 95 (1986): 639-97.
133. L.H. Tribe, Channeling Technology Through Law (Chicago: Bracton Press, 1973).
134. J. Areen et al., Law, Science and Medicine (Westbury, NY: Foundation Press, 2d ed. 1996).
135. Rhoden, supra note 61.
136. See S.M. Wolf, "Pragmatism in the Face of Death: The Role of Facts in the Assisted Suicide Debate," Minnesota Law Review 82 (1998): 1063-1101; S.H. Johnson, "End-of-Life Decision Making: What We Don't Know, We Make Up; What We Do Know, We Ignore," Indiana Law Review 31 (1998): 13-47.
137. See S.M. Wolf, "Pragmatism in the Face of Death: The Role of Facts in the Assisted Suicide Debate," Minnesota Law Review 82 (1998): 1063-1101; S.H. Johnson, "End-of-Life Decision Making: What We Don't Know, We Make Up; What We Do Know, We Ignore," Indiana Law Review 31 (1998): 13-47.
138. This often-cited phrase derives from the dissenting opinion of Justice Brandeis in New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting) ("It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."). For its recent application in cases relating to bioethics, see Cruzan, 497 U.S. at 292; Washington v. Glucksberg, 521 U.S. at 737 (O'Connor, J., concurring).
139. See, e.g., S.J. Youngner, R.M. Arnold and R. Schapiro, The Definition of Death: Contemporary Controversies (Baltimore: Johns Hopkins University Press, 1999); S.J. Youngner and R.M. Arnold for the Working Group on Ethical, Psychosocial, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Cadaver Donors, "Ethical, Psychosocial, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Cadaver Donors," JAMA 269 (1993): 2769-74.
140. See, e.g., S.J. Youngner, R.M. Arnold and R. Schapiro, The Definition of Death: Contemporary Controversies (Baltimore: Johns Hopkins University Press, 1999); S.J. Youngner and R.M. Arnold for the Working Group on Ethical, Psychosocial, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Cadaver Donors, "Ethical, Psychosocial, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Cadaver Donors," JAMA 269 (1993): 2769-74.
141. See Uniform Determination of Death Act (1980), Uniform Laws Annotated, vol. 12A (West 1996 & Supp. 2003). For examples of state statutes, see CAL. HEALTH & SAFETY CODE § 7180 (West Supp. 2004); KAN. STAT. ANN. §§ 77-204 to -206 (1997).
142. See Uniform Determination of Death Act (1980), Uniform Laws Annotated, vol. 12A (West 1996 & Supp. 2003). For examples of state statutes, see CAL. HEALTH & SAFETY CODE § 7180 (West Supp. 2004); KAN. STAT. ANN. §§ 77-204 to -206 (1997).
143. See, e.g., J.R. Schroedel and P. Fiber, "Punitive versus Public Health Oriented Responses to Drug Use by Pregnant Women," Yale Journal of Health Policy, Law & Ethics 1 (2001): 217-28; L.M. Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review 62 (1999): 999-1054; W. Chavkin, V. Breitbart and P.H. Wise, "Finding Common Ground: Necessity of an Integrated Agenda for Women's and Children's Health," Journal of Law, Medicine & Ethics 22 (1994): 262-69; Board of Trustees, American Medical Association, "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," JAMA 264 (1990): 2663-70. However, the Supreme Court has now found constitutional limits to drug testing of pregnant women. See Ferguson v. City of Charleston, 532 U.S. 67 (2001). On recent developments including the Rowland case, see, e.g., K. Johnson, "Harm to Fetuses Becomes Issue in Utah and Elsewhere," New York Times, Mar. 27, 2004, at A9.
144. See, e.g., J.R. Schroedel and P. Fiber, "Punitive versus Public Health Oriented Responses to Drug Use by Pregnant Women," Yale Journal of Health Policy, Law & Ethics 1 (2001): 217-28; L.M. Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review 62 (1999): 999-1054; W. Chavkin, V. Breitbart and P.H. Wise, "Finding Common Ground: Necessity of an Integrated Agenda for Women's and Children's Health," Journal of Law, Medicine & Ethics 22 (1994): 262-69; Board of Trustees, American Medical Association, "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," JAMA 264 (1990): 2663-70. However, the Supreme Court has now found constitutional limits to drug testing of pregnant women. See Ferguson v. City of Charleston, 532 U.S. 67 (2001). On recent developments including the Rowland case, see, e.g., K. Johnson, "Harm to Fetuses Becomes Issue in Utah and Elsewhere," New York Times, Mar. 27, 2004, at A9.
145. See, e.g., J.R. Schroedel and P. Fiber, "Punitive versus Public Health Oriented Responses to Drug Use by Pregnant Women," Yale Journal of Health Policy, Law & Ethics 1 (2001): 217-28; L.M. Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review 62 (1999): 999-1054; W. Chavkin, V. Breitbart and P.H. Wise, "Finding Common Ground: Necessity of an Integrated Agenda for Women's and Children's Health," Journal of Law, Medicine & Ethics 22 (1994): 262-69; Board of Trustees, American Medical Association, "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," JAMA 264 (1990): 2663-70. However, the Supreme Court has now found constitutional limits to drug testing of pregnant women. See Ferguson v. City of Charleston, 532 U.S. 67 (2001). On recent developments including the Rowland case, see, e.g., K. Johnson, "Harm to Fetuses Becomes Issue in Utah and Elsewhere," New York Times, Mar. 27, 2004, at A9.
146. See, e.g., J.R. Schroedel and P. Fiber, "Punitive versus Public Health Oriented Responses to Drug Use by Pregnant Women," Yale Journal of Health Policy, Law & Ethics 1 (2001): 217-28; L.M. Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review 62 (1999): 999-1054; W. Chavkin, V. Breitbart and P.H. Wise, "Finding Common Ground: Necessity of an Integrated Agenda for Women's and Children's Health," Journal of Law, Medicine & Ethics 22 (1994): 262-69; Board of Trustees, American Medical Association, "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," JAMA 264 (1990): 2663-70. However, the Supreme Court has now found constitutional limits to drug testing of pregnant women. See Ferguson v. City of Charleston, 532 U.S. 67 (2001). On recent developments including the Rowland case, see, e.g., K. Johnson, "Harm to Fetuses Becomes Issue in Utah and Elsewhere," New York Times, Mar. 27, 2004, at A9.
147. See, e.g., J.R. Schroedel and P. Fiber, "Punitive versus Public Health Oriented Responses to Drug Use by Pregnant Women," Yale Journal of Health Policy, Law & Ethics 1 (2001): 217-28; L.M. Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review 62 (1999): 999-1054; W. Chavkin, V. Breitbart and P.H. Wise, "Finding Common Ground: Necessity of an Integrated Agenda for Women's and Children's Health," Journal of Law, Medicine & Ethics 22 (1994): 262-69; Board of Trustees, American Medical Association, "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," JAMA 264 (1990): 2663-70. However, the Supreme Court has now found constitutional limits to drug testing of pregnant women. See Ferguson v. City of Charleston, 532 U.S. 67 (2001). On recent developments including the Rowland case, see, e.g., K. Johnson, "Harm to Fetuses Becomes Issue in Utah and Elsewhere," New York Times, Mar. 27, 2004, at A9.
148. See, e.g., J.R. Schroedel and P. Fiber, "Punitive versus Public Health Oriented Responses to Drug Use by Pregnant Women," Yale Journal of Health Policy, Law & Ethics 1 (2001): 217-28; L.M. Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review 62 (1999): 999-1054; W. Chavkin, V. Breitbart and P.H. Wise, "Finding Common Ground: Necessity of an Integrated Agenda for Women's and Children's Health," Journal of Law, Medicine & Ethics 22 (1994): 262-69; Board of Trustees, American Medical Association, "Legal Interventions During Pregnancy: Court-Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women," JAMA 264 (1990): 2663-70. However, the Supreme Court has now found constitutional limits to drug testing of pregnant women. See Ferguson v. City of Charleston, 532 U.S. 67 (2001). On recent developments including the Rowland case, see, e.g., K. Johnson, "Harm to Fetuses Becomes Issue in Utah and Elsewhere," New York Times, Mar. 27, 2004, at A9.
149. MINN. STAT. § 626.5561 (2002 & Supp. 2003).
150. See, e.g., Johnson v. State, 602 So.2d 1288 (Fla. 1992); People v. Hardy, 469 N.W.2d 50 (Mich. Ct. App. 1991).
151. See, e.g., P.H. Jos, M. Perlmutter and M.F. Marshall, "Substance Abuse During Pregnancy: Clinical and Public Health Approaches," Journal of Law, Medicine & Ethics 31 (2003): 340-47; K. Paul-Emile, "The Charleston Policy: Substance or Abuse?" Michigan Journal of Race & Law 4 (1999): 325-87.
152. See, e.g., P.H. Jos, M. Perlmutter and M.F. Marshall, "Substance Abuse During Pregnancy: Clinical and Public Health Approaches," Journal of Law, Medicine & Ethics 31 (2003): 340-47; K. Paul-Emile, "The Charleston Policy: Substance or Abuse?" Michigan Journal of Race & Law 4 (1999): 325-87.
153. See D.E. Roberts, "Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy," Harvard Law Review 104 (1991): 1419-82; D. Roberts, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Pantheon Books, 1997): 150-201.
154. See D.E. Roberts, "Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy," Harvard Law Review 104 (1991): 1419-82; D. Roberts, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Pantheon Books, 1997): 150-201.
155. See Hall, supra note 15; Bloche, supra note 16. Bloche decries analysis focusing on the single value of welfare maximization.
156. To tap into the sizeable literature critiquing use of grand narrative, see, e.g., L. Guinier and G. Torres, The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy (Cambridge, MA: Harvard University Press, 2002): 34-38; P. Ewick and S.S. Silbey, "Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative," Law & Society Review 29 (1995): 197-226; M.I. Coombs, "Outsider Scholarship: The Law Review Stories," University of Colorado Law Review 63 (1992): 683-716; K. Abrams, "Hearing the Call of Stories," California Law Review 79 (1991): 971-1052.
157. To tap into the sizeable literature critiquing use of grand narrative, see, e.g., L. Guinier and G. Torres, The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy (Cambridge, MA: Harvard University Press, 2002): 34-38; P. Ewick and S.S. Silbey, "Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative," Law & Society Review 29 (1995): 197-226; M.I. Coombs, "Outsider Scholarship: The Law Review Stories," University of Colorado Law Review 63 (1992): 683-716; K. Abrams, "Hearing the Call of Stories," California Law Review 79 (1991): 971-1052.
158. To tap into the sizeable literature critiquing use of grand narrative, see, e.g., L. Guinier and G. Torres, The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy (Cambridge, MA: Harvard University Press, 2002): 34-38; P. Ewick and S.S. Silbey, "Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative," Law & Society Review 29 (1995): 197-226; M.I. Coombs, "Outsider Scholarship: The Law Review Stories," University of Colorado Law Review 63 (1992): 683-716; K. Abrams, "Hearing the Call of Stories," California Law Review 79 (1991): 971-1052.
159. To tap into the sizeable literature critiquing use of grand narrative, see, e.g., L. Guinier and G. Torres, The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy (Cambridge, MA: Harvard University Press, 2002): 34-38; P. Ewick and S.S. Silbey, "Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative," Law & Society Review 29 (1995): 197-226; M.I. Coombs, "Outsider Scholarship: The Law Review Stories," University of Colorado Law Review 63 (1992): 683-716; K. Abrams, "Hearing the Call of Stories," California Law Review 79 (1991): 971-1052.
160. The completed reports of the President's Council are: President's Council on Bioethics, Reproduction and Responsibility, supra note 40; President's Council on Bioethics, Monitoring Stem Cell Research (Washington, DC: 2004); President's Council on Bioethics, Beyond Therapy: Biotechnology and the Pursuit of Happiness (Washington, DC: 2003); President's Council on Bioethics, Human Cloning, supra note 13. I do not include an anthology of readings also issued by the Council without normative recommendations. President's Council on Bioethics, Being Human: Readings from the President's Council on Bioethics (Washington, DC: 2003). On the work of the President's Council, see 〈www.bioethics.gov〉 (last visited May 18, 2004).
161. The completed reports of the President's Council are: President's Council on Bioethics, Reproduction and Responsibility, supra note 40; President's Council on Bioethics, Monitoring Stem Cell Research (Washington, DC: 2004); President's Council on Bioethics, Beyond Therapy: Biotechnology and the Pursuit of Happiness (Washington, DC: 2003); President's Council on Bioethics, Human Cloning, supra note 13. I do not include an anthology of readings also issued by the Council without normative recommendations. President's Council on Bioethics, Being Human: Readings from the President's Council on Bioethics (Washington, DC: 2003). On the work of the President's Council, see 〈www.bioethics.gov〉 (last visited May 18, 2004).
162. The completed reports of the President's Council are: President's Council on Bioethics, Reproduction and Responsibility, supra note 40; President's Council on Bioethics, Monitoring Stem Cell Research (Washington, DC: 2004); President's Council on Bioethics, Beyond Therapy: Biotechnology and the Pursuit of Happiness (Washington, DC: 2003); President's Council on Bioethics, Human Cloning, supra note 13. I do not include an anthology of readings also issued by the Council without normative recommendations. President's Council on Bioethics, Being Human: Readings from the President's Council on Bioethics (Washington, DC: 2003). On the work of the President's Council, see 〈www.bioethics.gov〉 (last visited May 18, 2004).
163. The completed reports of the President's Council are: President's Council on Bioethics, Reproduction and Responsibility, supra note 40; President's Council on Bioethics, Monitoring Stem Cell Research (Washington, DC: 2004); President's Council on Bioethics, Beyond Therapy: Biotechnology and the Pursuit of Happiness (Washington, DC: 2003); President's Council on Bioethics, Human Cloning, supra note 13. I do not include an anthology of readings also issued by the Council without normative recommendations. President's Council on Bioethics, Being Human: Readings from the President's Council on Bioethics (Washington, DC: 2003). On the work of the President's Council, see 〈www.bioethics.gov〉 (last visited May 18, 2004).
164. The completed reports of the President's Council are: President's Council on Bioethics, Reproduction and Responsibility, supra note 40; President's Council on Bioethics, Monitoring Stem Cell Research (Washington, DC: 2004); President's Council on Bioethics, Beyond Therapy: Biotechnology and the Pursuit of Happiness (Washington, DC: 2003); President's Council on Bioethics, Human Cloning, supra note 13. I do not include an anthology of readings also issued by the Council without normative recommendations. President's Council on Bioethics, Being Human: Readings from the President's Council on Bioethics (Washington, DC: 2003). On the work of the President's Council, see 〈www.bioethics.gov〉 (last visited May 18, 2004).
165. The completed reports of the President's Council are: President's Council on Bioethics, Reproduction and Responsibility, supra note 40; President's Council on Bioethics, Monitoring Stem Cell Research (Washington, DC: 2004); President's Council on Bioethics, Beyond Therapy: Biotechnology and the Pursuit of Happiness (Washington, DC: 2003); President's Council on Bioethics, Human Cloning, supra note 13. I do not include an anthology of readings also issued by the Council without normative recommendations. President's Council on Bioethics, Being Human: Readings from the President's Council on Bioethics (Washington, DC: 2003). On the work of the President's Council, see 〈www.bioethics.gov〉 (last visited May 18, 2004).
166. President's Council on Bioethics, Human Cloning, supra note 13, at 173.
167. I b i d.
168. National Bioethics Advisory Commission, Cloning Human Beings, supra note 13, at 109.
169. Id. at 96-98.
170. Id. at 202.
171. th Cong. (2003).
172. President's Council on Bioethics, Reproduction and Responsibility, supra note 40. Council recommendations are in chapter 10.
173. Id. at xxviii (quoting a memo from Francis Fukuyama).
174. Id. at 188.
175. Id. at 220. The eight practices that the Council recommends for Congressional prohibition are: transferring a human embryo into a non-human, mixing human and non-human gametes to produce an embryo, transferring a human embryo to a woman's uterus for any purpose other than producing a baby, trying to conceive a child by means other than joining egg and sperm, using gametes from a human fetus or stems cells from a human embryo to try to conceive a child, fusing blastomeres from two or more embryos to attempt human conception, conducting research on human embryos beyond 10-14 days after fertilization, and buying or selling human embryos. Id. at 220-27.
176. Id. at 226.
177. See G.J. Annas, "The Nuremberg Code in U.S. Courts: Ethics versus Expediency," in G.J. Annas and M.A. Grodin, eds., The Nazi Doctors and the Nuremberg Code (New York: Oxford University Press, 1992): 201-22.
178. D. Callahan, "Why America Accepted Bioethics," Hastings Center Report 23, no. 6 (1993): S8-S9, S8 (arguing that America accepted bioethics because bioethics took a "middle course," avoiding the "extremes of simple prohibition," but showing through proposed regulation that it was "serious and willing to be cautious").
179. D. Callahan, What Price Better Health? Hazards of the Research Imperative (Berkeley, CA: University of California Press, 2003): 191-92.
180. Id. at 192.
181. J.A. Robertson, "Liberty, Identity, and Human Cloning," Texas Law Review 76 (1998): 1371-1456, 1437-38 (footnote omitted). See also J.A. Robertson, "Wrongful Life, Federalism, and Procreative Liberty: A Critique of the NBAC Cloning Report," Jurimetrics Journal 38 (Fall 1997); 69-82.
182. J.A. Robertson, "Liberty, Identity, and Human Cloning," Texas Law Review 76 (1998): 1371-1456, 1437-38 (footnote omitted). See also J.A. Robertson, "Wrongful Life, Federalism, and Procreative Liberty: A Critique of the NBAC Cloning Report," Jurimetrics Journal 38 (Fall 1997); 69-82.
183. See R.S. Frase, "Criminalization and Decriminalization," in T.J. Bernard et al., eds., Encyclopedia of Crime & Justice (New York: Macmillan, 2d ed. 2001): vol. 1 at 347-61, 358 (quoting, at 358, James Fitzjames Stephen).
184. Cf. Robertson, "Wrongful Life," supra note 89, at 80 ("There is an important question of federalism here. Even if criminal sanctions were warranted, it does not follow that the federal government should enact them. We generally leave matters of family, procreation, and protection of children to the states.").
185. See, e.g., F.E. Zimring and G. Hawkins, "Legislating Federal Crime and Its Consequences," Annals of the American Academy of Political and Social Science 543 (1996): 15-26; S.A. Ehrlich, "The Increasing Federalization of Crime," Arizona State Law Journal 32 (2000): 825-42. See also American Bar Association, Task Force on the Federalization of Criminal Law, The Federalization of Criminal Law (Washington, DC: 1998).
186. See, e.g., F.E. Zimring and G. Hawkins, "Legislating Federal Crime and Its Consequences," Annals of the American Academy of Political and Social Science 543 (1996): 15-26; S.A. Ehrlich, "The Increasing Federalization of Crime," Arizona State Law Journal 32 (2000): 825-42. See also American Bar Association, Task Force on the Federalization of Criminal Law, The Federalization of Criminal Law (Washington, DC: 1998).
187. See, e.g., F.E. Zimring and G. Hawkins, "Legislating Federal Crime and Its Consequences," Annals of the American Academy of Political and Social Science 543 (1996): 15-26; S.A. Ehrlich, "The Increasing Federalization of Crime," Arizona State Law Journal 32 (2000): 825-42. See also American Bar Association, Task Force on the Federalization of Criminal Law, The Federalization of Criminal Law (Washington, DC: 1998).
188. F. Fukuyama, Our Posthuman Fixture: Consequences of the Biotechnology Revolution (New York: Farrar, Straus and Giroux, 2002): 203-04.
189. Alta Charo has explored related terrain in trying to develop a bioethics of public policy. See R.A. Charo, "Dealing with Dolly: Cloning and the National Bioethics Advisory Commission," Jurimetrics Journal 38 (Fall 1997): 11-22; R.A. Charo, "The Hunting of the Snark: The Moral Status of Embryos, Right-to-Lifers, and Third World Women," Stanford Law & Policy Review 6 (1995): 11-27.
190. Alta Charo has explored related terrain in trying to develop a bioethics of public policy. See R.A. Charo, "Dealing with Dolly: Cloning and the National Bioethics Advisory Commission," Jurimetrics Journal 38 (Fall 1997): 11-22; R.A. Charo, "The Hunting of the Snark: The Moral Status of Embryos, Right-to-Lifers, and Third World Women," Stanford Law & Policy Review 6 (1995): 11-27.
191. See Administrative Procedure Act, 5 U.S.C. §§551 et seq. (2000); Federal Advisory Committee Act, 5 U.S.C. Appendix 2 (2000).
192. See S.M. Wolf, "Ethics Committees and Due Process: Nesting Rights in a Community of Caring," Maryland Law Review 50 (1991): 798-858; S.M. Wolf, "Toward a Theory of Process," Law, Medicine & Health Care 20 (1993): 278-90.
193. See S.M. Wolf, "Ethics Committees and Due Process: Nesting Rights in a Community of Caring," Maryland Law Review 50 (1991): 798-858; S.M. Wolf, "Toward a Theory of Process," Law, Medicine & Health Care 20 (1993): 278-90.
194. See E. Blackburn, "Bioethics and the Political Distortion of Biomedical Science," New England Journal of Medicine 350 (2004): 1379-80; A.L. Caplan et al., "Petition Sponsored by Arthur Caplan, PhD.," Mar. 3, 2004 (e-mail, on file with the author).
195. See E. Blackburn, "Bioethics and the Political Distortion of Biomedical Science," New England Journal of Medicine 350 (2004): 1379-80; A.L. Caplan et al., "Petition Sponsored by Arthur Caplan, PhD.," Mar. 3, 2004 (e-mail, on file with the author).
196. Cf. Union of Concerned Scientists, "Restoring Scientific Integrity in Policy-making," available at 〈www.ucsusa.org/global_environment/ rsi/signon.html〉 (last visited April 26, 2004) (letter from 60 prominent scientists accusing the current Bush administration of misusing science); J. Glanz, "Scientists Say Administration Distorts Facts," New York Times, Feb. 19, 2004, at A18. On problems of fair representation, see also Callahan, supra note 90, at chapter 7; B. Spielman, "Should Consensus Be 'The Commission Method' in the US? The Perspective of the Federal Advisory Committee Act, Regulations, and Case Law," Bioethics 17 (2003): 341-56.
197. Cf. Union of Concerned Scientists, "Restoring Scientific Integrity in Policy-making," available at 〈www.ucsusa.org/global_environment/ rsi/signon.html〉 (last visited April 26, 2004) (letter from 60 prominent scientists accusing the current Bush administration of misusing science); J. Glanz, "Scientists Say Administration Distorts Facts," New York Times, Feb. 19, 2004, at A18. On problems of fair representation, see also Callahan, supra note 90, at chapter 7; B. Spielman, "Should Consensus Be 'The Commission Method' in the US? The Perspective of the Federal Advisory Committee Act, Regulations, and Case Law," Bioethics 17 (2003): 341-56.
198. Cf. Union of Concerned Scientists, "Restoring Scientific Integrity in Policy-making," available at 〈www.ucsusa.org/global_environment/ rsi/signon.html〉 (last visited April 26, 2004) (letter from 60 prominent scientists accusing the current Bush administration of misusing science); J. Glanz, "Scientists Say Administration Distorts Facts," New York Times, Feb. 19, 2004, at A18. On problems of fair representation, see also Callahan, supra note 90, at chapter 7; B. Spielman, "Should Consensus Be 'The Commission Method' in the US? The Perspective of the Federal Advisory Committee Act, Regulations, and Case Law," Bioethics 17 (2003): 341-56.
199. Cf. Union of Concerned Scientists, "Restoring Scientific Integrity in Policy-making," available at 〈www.ucsusa.org/global_environment/ rsi/signon.html〉 (last visited April 26, 2004) (letter from 60 prominent scientists accusing the current Bush administration of misusing science); J. Glanz, "Scientists Say Administration Distorts Facts," New York Times, Feb. 19, 2004, at A18. On problems of fair representation, see also Callahan, supra note 90, at chapter 7; B. Spielman, "Should Consensus Be 'The Commission Method' in the US? The Perspective of the Federal Advisory Committee Act, Regulations, and Case Law," Bioethics 17 (2003): 341-56.
200. Bethany Spielman offers a model of such scholarship in her work on what law has to teach bioethics on the desirability of consensus within federal commissions. See Spielman, supra note 101.
201. See, e.g., Symposium, "The Legal Construction of Norms," Virginia Law Review 86 (2000): 1577-2021; Symposium, "Social Norms, Social Meaning, and the Economic Analysis of Law," Journal of Legal Studies 27 (1998): 537-823; Symposium, "Normative Failure Theory of Law," Cornell Law Review 82 (1997): 947-79; R.H. McAdams, "The Origin, Development, and Regulation of Norms," Michigan Law Review 96 (1997): 338-433; C. Sunstein, "Social Norms and Social Roles," Columbia Law Review 96 (1996): 903-68; L. Lessig, "The Regulation of Social Meaning," University of Chicago Law Review 62 (1995): 943-1045.
202. See, e.g., Symposium, "The Legal Construction of Norms," Virginia Law Review 86 (2000): 1577-2021; Symposium, "Social Norms, Social Meaning, and the Economic Analysis of Law," Journal of Legal Studies 27 (1998): 537-823; Symposium, "Normative Failure Theory of Law," Cornell Law Review 82 (1997): 947-79; R.H. McAdams, "The Origin, Development, and Regulation of Norms," Michigan Law Review 96 (1997): 338-433; C. Sunstein, "Social Norms and Social Roles," Columbia Law Review 96 (1996): 903-68; L. Lessig, "The Regulation of Social Meaning," University of Chicago Law Review 62 (1995): 943-1045.
203. See, e.g., Symposium, "The Legal Construction of Norms," Virginia Law Review 86 (2000): 1577-2021; Symposium, "Social Norms, Social Meaning, and the Economic Analysis of Law," Journal of Legal Studies 27 (1998): 537-823; Symposium, "Normative Failure Theory of Law," Cornell Law Review 82 (1997): 947-79; R.H. McAdams, "The Origin, Development, and Regulation of Norms," Michigan Law Review 96 (1997): 338-433; C. Sunstein,
204. See, e.g., Symposium, "The Legal Construction of Norms," Virginia Law Review 86 (2000): 1577-2021; Symposium, "Social Norms, Social Meaning, and the Economic Analysis of Law," Journal of Legal Studies 27 (1998): 537-823; Symposium, "Normative Failure Theory of Law," Cornell Law Review 82 (1997): 947-79; R.H. McAdams, "The Origin, Development, and Regulation of Norms," Michigan Law Review 96 (1997): 338-433; C. Sunstein, "Social Norms and Social Roles," Columbia Law Review 96 (1996): 903-68; L. Lessig, "The Regulation of Social Meaning," University of Chicago Law Review 62 (1995): 943-1045.
205. See, e.g., Symposium, "The Legal Construction of Norms," Virginia Law Review 86 (2000): 1577-2021; Symposium, "Social Norms, Social Meaning, and the Economic Analysis of Law," Journal of Legal Studies 27 (1998): 537-823; Symposium, "Normative Failure Theory of Law," Cornell Law Review 82 (1997): 947-79; R.H. McAdams, "The Origin, Development, and Regulation of Norms," Michigan Law Review 96 (1997): 338-433; C. Sunstein, "Social Norms and Social Roles," Columbia Law Review 96 (1996): 903-68; L. Lessig, "The Regulation of Social Meaning," University of Chicago Law Review 62 (1995): 943-1045.
206. See, e.g., Symposium, "The Legal Construction of Norms," Virginia Law Review 86 (2000): 1577-2021; Symposium, "Social Norms, Social Meaning, and the Economic Analysis of Law," Journal of Legal Studies 27 (1998): 537-823; Symposium, "Normative Failure Theory of Law," Cornell Law Review 82 (1997): 947-79; R.H. McAdams, "The Origin, Development, and Regulation of Norms," Michigan Law Review 96 (1997): 338-433; C. Sunstein, "Social Norms and Social Roles," Columbia Law Review 96 (1996): 903-68; L. Lessig, "The Regulation of Social Meaning," University of Chicago Law Review 62 (1995): 943-1045.
207. Scholars beginning to explore the implications of work on law and norms for problems in bioethics include Gail Agrawal and Arti Rai. See G.B. Agrawal, "Resuscitating Professionalism: Self-Regulation in the Medical Marketplace," Missouri Law Review 66 (2001): 341-411; A.K. Rai, "Regulating Scientific Research: Intellectual Property Rights and the Norms of Science," Northwestern University Law Review 94 (1999): 77-152.
208. Scholars beginning to explore the implications of work on law and norms for problems in bioethics include Gail Agrawal and Arti Rai. See G.B. Agrawal, "Resuscitating Professionalism: Self-Regulation in the Medical Marketplace," Missouri Law Review 66 (2001): 341-411; A.K. Rai, "Regulating Scientific Research: Intellectual Property Rights and the Norms of Science," Northwestern University Law Review 94 (1999): 77-152.
209. On litigation against bioethicists and their potential liability, individually and as committee members, see, e.g., D.N. Sontag, "Are Clinical Ethics Consultants in Danger? An Analysis of the Potential Legal Liability of Individual Clinical Ethicists," University of Pennsylvania Law Review 151 (2002): 667-705 (discussing the Gelsinger, Robertson, and older Bouvia cases); A.L. Merritt, "The Tort Liability of Hospital Ethics Committees, Southern California Law Review 60 (1987): 1239-97.
210. On litigation against bioethicists and their potential liability, individually and as committee members, see, e.g., D.N. Sontag, "Are Clinical Ethics Consultants in Danger? An Analysis of the Potential Legal Liability of Individual Clinical Ethicists," University of Pennsylvania Law Review 151 (2002): 667-705 (discussing the Gelsinger, Robertson, and older Bouvia cases); A.L. Merritt, "The Tort Liability of Hospital Ethics Committees, Southern California Law Review 60 (1987): 1239-97.
211. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
212. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
213. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
214. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
215. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
216. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
217. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
218. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
219. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
220. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
221. See, e.g., C. Bosk, "The Licensing and Certification of Ethics Consultants: What Part of 'No!' Was So Hard to Understand?" in M.P. Aulisio, R.M. Arnold and S.J. Youngner, eds., Ethics Consultation: From Theory to Practice (Baltimore: Johns Hopkins University Press, 2003): 147-63; L.R. Churchill, "Are We Professionals? A Critical Look at the Social Role of Bioethicists," Daedalus 128, no. 4 (1999): 253-74; R. Shalit, "When We Were Philosopher Kings," New Republic 216, no. 17 (1997): 24-28; F.E. Baylis, ed., The Health Care Ethics Consultant (Totowa, NJ: Humana Press, 1994); G.R. Scofield, "Here Come the Ethicists!" Trends in Health Care, Law & Ethics 8, no. 4 (1993): 19-22; G.R. Scofield, "Ethics Consultation: The Least Dangerous Profession?" Cambridge Quarterly of Healthcare Ethics 2 (1993): 417-25. There is a closely related debate over whether bioethicists can claim a genuine expertise. See, e.g., E.D. Pellegrino, "Clinical Ethics Consultations: Some Reflection on the Report of the SHHV-SBC," Journal of Clinical Ethics 10, no. 1 (1999): 5-12; D.J. Casarett, F. Daskal and J. Lantos, "Experts in Ethics? The Authority of the Clinical Ethicist," Hastings Center Report 28, no. 6 (1998): 6-11; A.L. Caplan, "Moral Experts and Moral Expertise: Do Either Exist?" in B. Hoffmaster, B. Freedman and G. Fraser, eds., Clinical Ethics: Theory and Practice (Clifton, NJ: Humana Press, 1989): 59-87. Related to that has been a further debate on the role of the bioethicist as expert witness in court. See, e.g., B. Spielman and G. Agich, "The Future of Bioethics Testimony: Guidelines for Determining Qualifications, Reliability, and Helpfulness," San Diego Law Review 36 (1999): 1043-75; Delgado and McAllen, supra note 55.
222. American Society for Bioethics and Humanities, Core Competencies for Health Care Ethics Consultation: The Report of the American Society for Bioethics and Humanities (Glenview, IL: 1998) [hereinafter "Core Competencies"]. For recent debate on what standards should guide private bioethics consultation, see B. Brody et al., "Bioethics Consultation in the Private Sector, Hastings Center Report 52, no. 3 (2002): 14-20; S.J. Youngner and R. Arnold, "Who Will Watch the Watchers?" Hastings Center Report 32, no. 3 (2002): 21-22; B. Brody et al., "The Task Force Responds," Hastings Center Report 32, no. 3 (2002): 22-23.
223. American Society for Bioethics and Humanities, Core Competencies for Health Care Ethics Consultation: The Report of the American Society for Bioethics and Humanities (Glenview, IL: 1998) [hereinafter "Core Competencies"]. For recent debate on what standards should guide private bioethics consultation, see B. Brody et al., "Bioethics Consultation in the Private Sector, Hastings Center Report 32, no. 3 (2002): 14-20; S.J. Youngner and R. Arnold, "Who Will Watch the Watchers?" Hastings Center Report 32, no. 3 (2002): 21-22; B. Brody et al., "The Task Force Responds," Hastings Center Report 32, no. 3 (2002): 22-23.
224. American Society for Bioethics and Humanities, Core Competencies for Health Care Ethics Consultation: The Report of the American Society for Bioethics and Humanities (Glenview, IL: 1998) [hereinafter "Core Competencies"]. For recent debate on what standards should guide private bioethics consultation, see B. Brody et al., "Bioethics Consultation in the Private Sector, Hastings Center Report 32, no. 3 (2002): 14-20; S.J. Youngner and R. Arnold, "Who Will Watch the Watchers?" Hastings Center Report 32, no. 3 (2002): 21-22; B. Brody et al., "The Task Force Responds," Hastings Center Report 32, no. 3 (2002): 22-23.
225. American Society for Bioethics and Humanities, Core Competencies for Health Care Ethics Consultation: The Report of the American Society for Bioethics and Humanities (Glenview, IL: 1998) [hereinafter "Core Competencies"]. For recent debate on what standards should guide private bioethics consultation, see B. Brody et al., "Bioethics Consultation in the Private Sector, Hastings Center Report 32, no. 3 (2002): 14-20; S.J. Youngner and R. Arnold, "Who Will Watch the Watchers?" Hastings Center Report 32, no. 3 (2002): 21-22; B. Brody et al., "The Task Force Responds," Hastings Center Report 32, no. 3 (2002): 22-23.
226. Core Competencies, supra note 107, at 31.
227. See R. Cover, "Violence and the Word," in M. Minow, M. Ryan and A. Sarat, Narrative, Violence, and the Law: The Essays of Robert Cover (Ann Arbor, MI: University of Michigan Press, 1992): 203-38. Cover writes: "Legal interpretation takes place in a field of pain and death.... Legal interpretive acts signal and occasion the imposition of violence upon others: A judge articulates her understanding of a text, and as a result, somebody loses his freedom, his property, his children, even his life.... Neither legal interpretation nor the violence it occasions may properly be understood apart from one another." Id. at 203.
228. See R. Cover, "Violence and the Word," in M. Minow, M. Ryan and A. Sarat, Narrative, Violence, and the Law: The Essays of Robert Cover (Ann Arbor, MI: University of Michigan Press, 1992): 203-38. Cover writes: "Legal interpretation takes place in a field of pain and death.... Legal interpretive acts signal and occasion the imposition of violence upon others: A judge articulates her understanding of a text, and as a result, somebody loses his freedom, his property, his children, even his life.... Neither legal interpretation nor the violence it occasions may properly be understood apart from one another." Id. at 203.