COLUMBIA JOURNAL OF LAW AND SOCIAL PROBLEMS

Surrogate motherhood: an argument for denial of specific performance
Suh MM
Surrogate motherhood and the baby-selling laws
Katz A
Biology, technology and geneology: a proposed uniform surrogacy legislation
Levitt J
Genetic screening in the workplace and employers' liability
Brokaw K
Abortion conscience clauses
Stern MD
The pharmaceutical industry's responsibility for protecting human subjects of clinical trials in developing nations
Kelleher F
Pharmaceutical companies increasingly perform clinical trials in developing nations. Governments of host nations see the trials as a way to provide otherwise unaffordable medical care, while trial sponsors are drawn to those countries by lower costs, the prevalence of diseases rare in developed nations, and large numbers of impoverished patients. Local governments, however, fail to police trials, and the FDA does not monitor trials in foreign countries, resulting in the routine violation of international standards for the protection of human subjects. This Note proposes independent accreditation of those institutions involved in clinical trials--the institutional review boards which oversee trial protocol; the organizations, such as pharmaceutical companies, which sponsor the trials; and the research organizations that conduct the trials. Accreditation, similar to that used in the footwear and apparel industries, would increase the transparency of pharmaceutical trials and would enable the United States government and consumers to hold trial sponsors accountable for their actions.
Protecting the right to informational privacy for HIV-positive prisoners
Loeb GH
Parental liability for prenatal injury
Simon CA
Analyzing the OPTN under the state action doctrine -- can UNOS's organ allocation criteria survive strict scrutiny?
Mintz B
Identity cards and databases in health care: the need for federal privacy protections
Minor WH
Medicaid payment for organ transplants: the extent of mandated coverage
Deutsch LB
Regulating the business of medicine: models for integrating ethics and managed care
Regan AC
A nation's genes for a cure to cancer: evolving ethical, social and legal issues regarding population genetic databases
Hsieh A
The advent of the human genome sequence has focused research on understanding underlying genetic links to complex diseases such as cancer, asthma and heart disease. In the past few years, individual countries, such as Iceland, Estonia, Singapore and the United Kingdom, have created national databases of their citizens' DNA for comparative research. Most recently, an international consortium including Nigeria, Japan, China and the United States launched a $100 million project called the International HapMap to map the human genome according to haplotypes, blocks of DNA that contain genetic variation. Such population genetic databases present challenging ethical, social and legal issues, yet regulation of genetic information has developed sporadically, from region to region, without a consistent international standard. Without a clear understanding of the consequences of genetic research in terms of individual and community-wide discrimination and stigmatization, genetic databases raise concerns about the protection of genetic information. This Note provides a survey of the evolving landscape of population genetic databases as a legislative and public policy tool for national and international regulators. It compares different approaches to regulating the collection and use of population genetic databases in order to understand what areas of consensus are formulating a foundation for an international standard. As the first population genetics project that will span multiple countries for the collection of DNA, the International HapMap has the potential to become an influential standard for the protection of population genetic information. This Note highlights issues among the national databases and the HapMap project that raise ethical, social and legal concerns for the future and recommends further protections for both individual donors and community interests.
Refusal of life-sustaining treatment for terminally ill incompetent patients: court orders and an alternative
Rubin BL
Combatting the tuberculosis epidemic: the legality of coercive treatment measures
Reilly RG
The right of the mentally ill to receive treatment in the community
Rapson R
Walking a thin line: distinguishing between research and medical practice during Operation Desert Storm
Schuchardt EJ
Is there a right to die?
Grad FP
Rape exceptions in post-Webster antiabortion legislation: a practical analysis
Strickland JA
The law and the biological revolution
Gaylin We
A line already drawn: the case for voluntary euthanasia after the withdrawal of life-sustaining hydration and nutrition
Kingsbury B
When life-sustaining hydration and nutrition is withheld from an incompetent and immobile patient like Terri Schiavo, death comes to the patient by dehydration within about two weeks. Americans should be permitted to arrange for euthanasia at that point, as opposed to merely dehydrating to death, and should be able to incorporate their desire for euthanasia into an advance directive. A state constitutional right of privacy could provide the legal avenue permitting effectuation of such a choice.