Over the past thirty years, the doctrine of informed consent has become a focal point in discussions of medical ethics. The literature of informed consent explores the evolution of the principle of autonomy, purportedly emerging from the mists of 19th Century medical practice, and finding its earliest articulation in legal cases where wronged citizens asserted their rights against medical authority. A commonplace, if not obligatory, feature of that literature is a reference to the case of Mary Schloendorff and the opinion (...) written by Judge Benjamin Cardozo by which the case is remembered. Commentators today applaud the prescience of Cardozo for an early articulation of what eventually would become bioethical orthodoxy concerning informed consent and its place as a bulwark of patient autonomy. They inevitably quote Cardozo's famous statement, “Every human being of adult years and sound mind has a right to determine what shall be done with his own body.”. (shrink)

Over the past thirty years, the doctrine of informed consent has become a focal point in discussions of medical ethics. The literature of informed consent explores the evolution of the principle of autonomy, purportedly emerging from the mists of 19th Century medical practice, and finding its earliest articulation in legal cases where wronged citizens asserted their rights against medical authority. A commonplace, if not obligatory, feature of that literature is a reference to the case of Mary Schloendorff and the opinion (...) written by Judge Benjamin Cardozo by which the case is remembered. Commentators today applaud the prescience of Cardozo for an early articulation of what eventually would become bioethical orthodoxy concerning informed consent and its place as a bulwark of patient autonomy. They inevitably quote Cardozo's famous statement, “Every human being of adult years and sound mind has a right to determine what shall be done with his own body.”. (shrink)

For nearly a century, and until very recently, the majority of U.S. states required a blood test for marriage license applicants. The tests identified people with conditions formerly designated as "venereal diseases," most importantly gonorrhea and syphilis. Those who tested positive were barred from civil marriage. Although the premarital testing requirement is no longer a feature of state law, numerous related enactments are common features of law in most states.The historical literature describing the rise and fall of laws prescribing marriage (...) restrictions related to VD has treated those enactments as public health measures, meant primarily to forestall the spread of disease to intimate partners. But laws to... (shrink)

The Supreme Court decided Box v. Planned Parenthood of Indiana and Kentucky in 2019. Justice Clarence Thomas’s opinion in the case claimed there was a direct connection between the legalization of abortion, in the late 20th Century, and the beginnings of the birth control movement a full three quarters of a century earlier. “Many eugenicists,” Thomas argued, “supported legalizing abortion.”Justice Samuel Alito highlighted similar claims in Dobbs v. Jackson Women’s Health, citing a brief entitled “The Eugenic Era Lives on through (...) the Abortion Movement.” That brief was an echo of Justice Thomas’ misguided attempt at history in the Box opinion. Similar claims reoccur in Judge Matthew Kacsmaryk’s opinion in the Texas mifepristone case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration.These false claims are the focus of this article. There is no evidence that early leaders of the eugenics movement supported abortion as part of the movement for birth control. It is accurate to describe those leaders as anti-abortion, and their followers as people who condemned abortion for moral, legal, and medical reasons. (shrink)

During the 20th Century, thirty-two state legislatures passed laws that sanctioned coercive sexual sterilization as a solution to the purported detrimental increases in the population of “unfit” or “defective” citizens. While both scholarly and popular commentary has attempted to attribute these laws to political parties, or to broad or poorly defined ideological groups such as “progressives,” no one has identified the political allegiance of each legislator who introduced a successfully adopted sterilization law, and the governor who signed it. This article (...) remedies that omission. (shrink)

Kara Swanson details the professional evolution of Alan Guttmacher, and the quandary he faced when the law interfered with prerogatives he wished to exercise in his practice of reproductive medicine. This response focuses on how decoupling reproductive technologies from a regime requiring medical licensure could lead to more complete reproductive autonomy for women.

Dr. Caleb Williams Saleeby was the author of Parenthood and Race Culture, one of the first monographs on eugenics and the book that popularized the term “racial poison.” The goal of eradicating the racial poisons and the harm they caused — particularly infant morbidity and mortality — provided common ground for early 20th century reformers, and their concerns fed the growing support for legal prohibition of alcohol.

The STD experiments in Guatemala from 1946–1948 have earned a place of infamy in the history of medical ethics. But if the Guatemala STD experiments were so “ethically impossible,” how did the U.S. government approve their funding? Although much of the literature has targeted the failings of Dr. John Cutler, we focus on the institutional context and research ethos that shaped the outcome of the research. After the end of WWII, Dr. Cassius Van Slyke reconstructed the federal research contracts process (...) into a grant program. The inaugural NIH study section recommended approval of the Guatemala STD experiments at its first meeting. The funding and oversight process of the Guatemala research was marked with serious conflicts of interest and a lack of oversight, and it was this structure, as opposed to merely a maleficent individual, that allowed the Guatemala STD experiments to proceed. We conclude that while current research regulations are designed to prevent the abuses perpetrated on the subjects of the Guatemala STD experiments, it takes a comprehensive understanding of research ethics through professional education to achieve the longstanding ideal of the responsible investigator, and ensure ethical research under any regulatory scheme. (shrink)

Since their revelation to the public, the sexually transmitted disease experiments in Guatemala from 1946 to 1948 have earned a place of infamy in the history of medical ethics. During these experiments, Public Health Service researchers intentionally exposed over 1,300 non-consenting Guatemalan soldiers, prisoners, psychiatric patients, and commercial sex workers to gonorrhea, syphilis, and/or chancroid under conditions that have shocked the medical community and public alike. Expert analysis has found little scientific value to the experiments as measured by current or (...) contemporaneous research standards.Such an obvious case of research malfeasance, which violated research norms in place both in the past and now, has been uniformly repudiated. The Guatemala STD experiments were labeled “clearly unethical” by President Barack Obama and “reprehensible” by the Secretaries of State and Health and Human Services. (shrink)

In this personal narrative the author recounts his experiences teaching bioethics in Pakistan. He notes the different moral, cultural and legal environments of Pakistan as compared to the United States, and in particular, the ways in which subtle interpretations of Sharia law shape bioethical reflections as well as the biomedical legal environment. As he argues, any attempt to export models of bioethics from one country to another with no attention to social and cultural differences is a recipe for failure. To (...) presume that all ethical considerations are universal is to devalue moral traditions that differ from our own, and dismiss cultural values of other societies. (shrink)

This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of abortion law (...) and the rights of the disabled but implicating a broader set of cross-cultural issues; and the education of U.S. health care providers and lawyers in the theory and practice of cultural competency. (shrink)

Background: Despite an increase in health research conducted in Africa, there are still inadequate human resources with research ethics training and lack of local long-term training opportunities in research ethics. A research ethics training program named United States-Mali Research Ethics Training Program (US-Mali RETP) was established through a partnership between the George Washington University Milken Institute School of Public Health (GWSPH), USA and University of Sciences, Techniques & Technologies of Bamako (USTTB), to address the critical need for improved bioethics training, (...) leadership, and policy in Mali. Methods: The aims of the capacity building programme are achieved by leveraging US and Africa-based expertise to strengthen research ethics education and capacity through: (1) intensive faculty development to design ethics training curricula; (2) development of a research ethics specialization within the existing Masters of Public Health program (MPH); and (3) establishing professional development courses through short-term training workshops and webinars to address research and professional needs in ethics. Results: The program will strengthen USTTB’s capacity of research ethics by training at least 15 MPH students over 5 years to prepare the next generation of ethics researchers. During the first two years of the program, a new ethics training curricula was developed, two cohorts of Master’s students were enrolled, and a series of webinars and workshops were conducted with participation of Malian and international researchers. Conclusions: US-Mali RETP will promote a sustainable bioethics enterprise at USTTB, and enable dissemination of research ethics training to increase health research capacity in Mali. (shrink)

This is an exploratory study of perceptions of human dignity in childhood as recalled by young adults. Our goal is to discover the range of dimensions, sources and experiences, both those that supported and violated, of the concept of human dignity. This research, drawing on responses from over two hundred university students, may help to develop a language with which to explore the concept of human dignity in a broader, more systematic way. The approach taken here permits us to move (...) beyond the ‘legal’ frame that often confines us to discussions of the extremes of child abuse and neglect, to a frame that frees us to explore the meaning and real life experiences with human dignity in childhood and the impacts on later life. Violating and not supporting human dignity in childhood helps produce a world populated by adults who, having been harmed as children, go on to harm and violate others as adults. If our goal is to have a world populated by children who were nurtured to flourish into child-centered adults who are empathic, intelligent and responsive and who have no need to hurt others, then our understanding of human dignity in childhood must be increased. This paper and the materials on which it is based seek to provide preliminary insights into the language of human dignity. (shrink)

Extraversion has two central characteristics: (1) interpersonalengagement, which consists of affiliation (enjoying and valuing close interpersonal bonds, being warm and affectionate) and agency (being socially dominant, enjoying leadership roles, being assertive, being exhibitionistic, and having a sense of potency in accomplishing goals) and (2) impulsivity, which emerges from the interaction of extraversion and a second, independent trait (constraint). Agency is a more general motivational disposition that includes dominance, ambition, mastery, efficacy, and achievement. Positive affect (a combination of positive feelings and (...) motivation) is closely associated with extraversion. Extraversion is accordingly based on positiveincentivemotivation. (shrink)

The commentaries on our target article address three main areas: (1) the relative importance of extraversion and other related traits to DA functioning, (2) how the long-term stability of extraversion can be conceptualized within a highly plastic central nervous system, and (3) the nature of DA functioning in the MOC network and in extraversion. We have organized our Response, therefore, into three major sections.

Management theory and practice are facing unprecedented challenges. The lack of sustainability, the increasing inequity, and the continuous decline in societal trust pose a threat to ‘business as usual’. Capitalism is at a crossroad and scholars, practitioners, and policy makers are called to rethink business strategy in light of major external changes. In the following, we review an alternative view of human beings that is based on a renewed Darwinian theory developed by Lawrence and Nohria. We label this alternative view (...) ‘humanistic’ and draw distinctions to current ‘economistic’ conceptions. We then develop the consequences that this humanistic view has for business organizations, examining business strategy, governance structures, leadership forms, and organizational culture. Afterward, we outline the influences of humanism on management in the past and the present, and suggest options for humanism to shape the future of management. In this manner, we will contribute to the discussion of alternative management paradigms that help solve the current crises. (shrink)

Robert Brandom makes several mistakes in his discussion of Sellars's "Two-Ply" account of observation. Brandom does not recognize the difference in "level" between observation reports concerning physical objects and 'looks'-statements. He also denies that 'looks'-statements are reports or even make claims. They then demonstrate a more correct reading of Sellars on 'looks'-statements.

In this paper, we study some new examples of ideals on $$\omega $$ with maximal Tukey type (that is, maximal among partial orders of size continuum). This discussion segues into an examination of a refinement of the Tukey order—known as the weak Rudin–Keisler order—and its structure when restricted to these ideals of maximal Tukey type. Mirroring a result of Fremlin (Note Mat 11:177–214, 1991) on the Tukey order, we also show that there is an analytic P-ideal above all other analytic (...) P-ideals in the weak Rudin–Keisler order. (shrink)

Unrealistic optimism is a bias that leads people to believe, with respect to a specific event or hazard, that they are more likely to experience positive outcomes and/or less likely to experience negative outcomes than similar others. The phenomenon has been seen in a range of health-related contexts—including when prospective participants are presented with the risks and benefits of participating in a clinical trial. In order to test for the prevalence of unrealistic optimism among participants of early-phase oncology trials, we (...) conducted a survey with patients over 18 years of age who were enrolled in a phase I, phase I/II, or phase II clinical cancer trial in the New York City area between August 2008 and October 2009. Participants in our study were asked to compare their own chances of experiencing a range of risks and benefits related to the trial they were enrolled in with the chances of the other trial participants. We found a significant optimistic bias in their responses. Respondents tended to overestimate the benefits of the trial they were enrolled in and underestimate its risks. In addition, we found no significant relationship between respondents’ understanding of the trial’s purpose and how susceptible they were to unrealistic optimism. Our findings suggest that improving the consent process for oncology studies requires more than addressing deficits in understanding. (shrink)

This article provides a much‐needed review of the neural bases of implicit statistical learning. Batterink, Paller and Reber focus on the neural processes that underpin performance in experimental paradigms employed in implicit learning and statistical learning research. An important insight is that learning across all paradigms is supported by interactions between the declarative and nondeclarative memory systems of the brain. They conclude with a helpful discussion of future directions of research.

It has been almost half a century since Horkheimer and Adorno formulated their analysis of mass culture in the “Culture Industry: Enlightenment as Mass Deception” chapter of Dialectic of Enlightenment. This special issue on “Debates in Contemporary Culture” is an attempt to evaluate the relevance of this legacy in the mid-eighties. It has become part of the left conventional wisdom that the critical theory analysis of late capitalism, focusing on concepts such as the “totally administered world” (Adorno) or “one-dimensional society” (...) (Marcuse), was overly resigned and it remained unable to identify inchoate oppositional tendencies within the ‘iron cage’ of capitalist totalization. (shrink)

How do children acquire beliefs from testimony? In this chapter, we discuss children's trust in testimony, their sensitivity to and use of defeaters, and their appeals to positive reasons for trusting what other people tell them. Empirical evidence shows that, from an early age, children have a tendency to trust testimony. However, this tendency to trust is accompanied by sensitivity to cues that suggest unreliability, including inaccuracy of the message and characteristics of the speaker. Not only are children sensitive to (...) evidence of unreliability, but they are also sensitive to the positive reasons a speaker may have for the reliability of their testimony. This evidence is discussed in relation to reductivist and non-reductivist viewpoints. (shrink)

ABSTRACTWhat is the nature of children's trust in testimony? Is it based primarily on evidential correlations between statements and facts, as stated by Hume, or does it derive from an interest in the trustworthiness of particular speakers? In this essay, we explore these questions in an effort to understand the developmental course and cognitive bases of children's extensive reliance on testimony. Recent work shows that, from an early age, children monitor the reliability of particular informants, differentiate between those who make (...) true and false claims and keep that differential accuracy in mind when evaluating new information from these people. We argue that this selective trust is likely to involve the mentalistic appraisal of speakers rather than surface generalizations of their behavior. Finally, we review the significance of children's deference to adult authority on issues of naming and categorization. In addition to challenging a purely inductive account of trust, these and other findings reflect a potentially rich set of tools brought by children to the task of learning from people's testimony. (shrink)

The generalizability crisis is compounded, or even partially caused, by a lack of specificity in psychological theories. Expanding the use of mechanistic models among psychologists is therefore important, but faces numerous hurdles. A cultural evolutionary approach can help guide and evaluate interventions to improve modeling efforts in psychology, such as developing standards and implementing them at the institutional level.