HASTINGS LAW JOURNAL

Seeking Genomic Knowledge: The Case for Clinical Restraint
Burke W, Trinidad SB and Clayton EW
Genome sequencing technology provides new and promising tests for clinical practice, including whole genome sequencing, which measures an individual's complete DNA sequence, and whole exome sequencing, which measures the DNA for all genes coding for proteins. These technologies make it possible to test for multiple genes in a single test, which increases the efficiency of genetic testing. However, they can also produce large amounts of information that cannot be interpreted or is of limited clinical utility. This additional information could be distracting for patients and clinicians, and contribute to unnecessary healthcare costs. The potential for genomic sequencing to improve care will be context-dependent, varying for different patients and clinical settings. This Article argues that a disciplined approach is needed, incorporating research to assess when and how genomic information can improve clinical outcomes, practice guidelines that direct optimal uses of genomic sequencing, and efforts to limit the production of genomic information unrelated to the clinical needs of the patient. Without this approach, genomic testing could add to current unsustainable healthcare costs and prove unaffordable in the long run.
The Neurobiology of Attachment to Nurturing and Abusive Caregivers
Sullivan RM
Decades of research have shown that childhood experiences interact with our genetics to change the structure and function of the brain. Within the range of normal experiences, this system enables the brain to be modified during development to adapt to various environments and cultures. Experiences with and attachment to the caregiver appear particularly important, and recent research suggests this may be due, in part, to the attachment circuitry within the brain. Children have brain circuitry to ensure attachment to their caregivers. Attachment depends on the offspring learning about the caregiver in a process that begins prenatally and continues through most of early life. This attachment serves two basic functions. First, attachment ensures the infant remain in the proximity of the caregiver to procure resources for survival and protection. Second, attachment "quality programs" the brain. This programming impacts immediate behaviors, as well as behaviors that emerge later in development. Animal research has uncovered segments of the attachment circuitry within the brain and has highlighted rapid, robust learning to support this attachment. A child attaches to the caregiver regardless of the quality of care received, even if the caregiver is abusive and neglectful. While a neural system that ensures attachment regardless of the quality of care has immediate benefits, this attachment comes with a high cost. Traumatic experiences interact with genetics to change the structure and function of the brain, compromising emotional and cognitive development and initiating a pathway to pathology. Neurobiological research on animals suggests that trauma during attachment is processed differently by the brain, with maternal presence dramatically attenuating the fear center of the brain (amygdala). Thus, the immaturity of the brain combined with the unique processing of trauma may underlie the enduring effects of abuse, which remain largely hidden in early life but emerge as mental health issues in periadolescence.
The Relevance of Immaturities in the Juvenile Brain to Culpability and Rehabilitation
Luna B
The overreaching aim of this Article is to describe how developmental cognitive neuroscience can inform juvenile law. Fundamental to culpability and responsibility is the ability to effectively execute voluntary executive behavior. Executive function, including cognitive control and working memory, has a protracted development with key aspects continuing to mature through adolescence. These limitations in executive control are due in great part to still maturing brain processes. Gray and white matter changes are still becoming established in adolescence, enhancing efficiency and the speed of brain processing supporting executive control. Dopamine, a neurotransmitter that underlies reward processing and learning, peaks in adolescence-supporting known increases in sensation seeking but also in adaptable learning. Functional Magnetic Resonance Imaging ("fMRI") studies show that adolescent limitations in recruiting brain systems that support response planning, error processing, the ability to sustain an executive state, and top-down prefrontal executive control of behavior underlie limitations in executive control in adolescence. Moreover, adolescents show over-reactivity to reward incentives, thus engaging response systems that may contribute to impulsive responses in situations with high motivation. Neurobiological evidence indicating that adolescence is a transitional stage of limited executive control in the context of increased vulnerability to sensation seeking can inform culpability, long-term sentencing, and greater amenability for rehabilitation. Finally, it is important to note that executive control, while limited in its efficiency, is available in adolescence, and given time to deliberate with guidance from mature adults, adolescents can make responsible decisions.
Consent forms as part of the informed consent process: moving away from "medical Miranda"
Ali V
Where involuntary commitment, civil liberties, and the right to mental health care collide: an overview of California's mental illness system
Karasch M
Is there a constitutional right to clone?
Sunstein CR
What's so strange about human cloning?
Rao R
What's in a name? "Nuclear transplantation" and the ethics of stem cell research
McLean MR
Public policy crafted in response to public ignorance is bad public policy
Silver L
Placing a moratorium on research cloning to ensure effective control over reproductive cloning
Capron AM
Human cloning: insights from twins and twin research
Segal NL
Cloning and government regulation
Greely H
Human cloning: myths, medical benefits and constitutional rights
Eibert MD
Cloning, science and public policy
Ortiz D
Cloning and commodification
Radin MJ
Cloning and federalism
Bhagwat A
Seeing double: the ethics of human cloning
McLean MR
Parenthood by pure intention: assisted reproduction and the functional approach to parentage
Storrow RF
Negotiating a policy of prudent science and proactive law in the brave new world of genetic information
Chen S
A need to know basis: record keeping, information access, and the Uniform Status of Children of Assisted Conception Act
Shelf A
Physician assistant as abortion provider: lessons from Vermont, New York, and Montana
Schirmer JT