If institutional review boards were declared unconstitutional, they would have to be reinvented

Northwestern University Law Review

Volumn 101, Issue 2, 2007, Pages 801-807

  Moss, Jonathan ^a  

^a UNIVERSITY OF CHICAGO   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 34547949684     PISSN: 00293571     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Conference Paper

References (20)

1. Syndicated radio show host Art Bell is well known for his discussions of plots to cover up UFO sightings. See Art Bell: A Who2 Profile, http://www.who2.com/artbell.html (last visited on Apr. 8, 2007).
2. A collection of essays discussing the management and function of institutional review boards can be found in INSTITUTIONAL REVIEW BOARD MANAGEMENT AND FUNCTION (Elizabeth A. Bankert & Robert J. Amdur eds., 2d ed. 2006).
3. See Protection of Human Subjects: Categories of Research That May Be Reviewed by the Institutional Review Board (IRB) Through an Expedited Review Procedure, 63 Fed. Reg. 60,353, 60,364-67 (Nov. 9, 1998).
4. Jordan Lite, David Epstein & Celeste Katz, Clinton File Snoopers Rapped, N.Y DAILY NEWS, Sept. 11, 2004, at 6, available at www.nydailynews.com/news/local/story/230961p-198366c.html.
5. Letter from Karena Cooper, Office of Human Research Protections, to Harvey Colten and Laura Forese (May 23, 2005), available at http://www.hhs.gov/ohrp/detrm_letrs/YR05/may05c.pdf.
6. Aaron Brown, Prophet Cartoon on Door Prompts Action, U. CHI. MAROON, Feb. 17, 2006, available at http://maroon.uchicago.edu/online_edition/news/2006/02/17/prophet-cartoon-on- door-promptsaction.
7. Steven Peckman, A Shared Responsibility for Protecting Human Subjects, in INSTITUTIONAL REVIEW BOARD MANAGEMENT AND FUNCTION, supra note 2, chs. 1-4.
8. Gretchen Vogel, Picking Up the Pieces after Hwang, 312 SCIENCE 516 (2006).
9. Mareia Angell & Jerome Kassirer, Setting the Record Straight in the Breast-Cancer Trial, 330 NEW ENG. J. MED. 1448 (1994).
10. Gregory Curfman, Stephen Morrissey & Jeffrey Drazen, Expression of Concern, 354 NEW ENG. J. MED. 638 (2006).
11. Eve E. Slater, Today's FDA, 352 NEW ENG. J. MED. 293, 295 (2005).
12. Letter from Patrick J. McNeilly & Michael Carome, Department of Health & Human Services, to Edward D. Miller, Chi Van Dang & Gregory F. Schaffer, Johns Hopkins University (July 19, 2001), available at http://www.hhs.gov/ohrp/detrm_letrs/jul01a.pdf;
13. see also Hopkins Responds to OHRP Suspension of Research, http://www.hopkinsmedicine.org/press/2001/JULY/010719.htm (last visited Dec. 3, 2006).
14. Gina Kolata, Johns Hopkins Admits Fault in Fatal Experiment, N.Y. TIMES, July 17, 2001, at A16.
15. Thomas Stossel, Regulating Academic-Industrial Research Relationships-Resolving Problems or Stifling Progress?, 353 NEW ENG. J. MED. 1060, 1063 (2005) (citations omitted).
16. It is embarrassing to report that at our own institution a physician who invented a new device was recently advised that "to prevent even the appearance of direct involvement, he would not be permitted to be more than an author on any publication in which the University of Chicago Hospital patients participated." Fax from a representative of the University of Chicago to a physician at the University of Chicago (Feb. 22, 2006, 19:29 CST) (on file with author). This decision was overturned only upon faculty and provost review.
17. See Justin Bekelman, Yan Li & Cary Gross, Scope and Impact of Financial Conflicts of Interest in Biomedical Research, 289 J. AM. MED. ASS'N 454 (2003) (finding in a review of 37 studies of quantitative data on the financial relationships among scientific industry, academic institutions, and investigators that financial relationships were not widespread).
18. Troyen Brennan et al., Health Industry Practices That Create Conflicts of Interest, 295 J. AM. MED. ASS'N 429, 430-32 (2006).
19. Thomas Stossel, Witch Hunt, WALL ST. J., Feb. 21 2006, at A18.
20. Brian Druker et al., Efficacy and Safety of a Specific Inhibitor of the BCR-ABL Tyrosine Kinase in Chronic Myeloid Leukemia, 344 NEW ENG. J. MED. 1031, 1036 (2001 ).