Results for 'Mark A. Tabone'

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  1.  87
    “The Ones Who Stay and Fight”: N. K. Jemisin's Afrofuturist Variations on a Theme by Ursula K. Le Guin.Mark A. Tabone - 2021 - Utopian Studies 32 (2):365-385.
    This article discusses N. K. Jemisin's Afrofuturist utopian short story entitled “The Ones Who Stay and Fight,” the opening story of her 2018 collection, How Long 'Til Black Future Month? As is suggested by its title, Jemisin's story is a direct reply to Ursula K. Le Guin's “The Ones Who Walk Away from Omelas,” and this article discusses the ways in which Jemisin, one of the most prominent members of a new generation of SF/Fantasy writers, pays homage to, replies to, (...)
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  2.  26
    Insistent Hope as Anti-Anti-Utopian Politics in N. K. Jemisin’s Broken Earth Trilogy.Mark A. Tabone - 2022 - Utopian Studies 33 (1):18-35.
    ABSTRACT This article discusses the politics of hope in N. K. Jemisin’s Broken Earth trilogy. Drawing on scholarship in utopian studies, science fiction studies, and Africana studies, it discusses the ways in which Jemisin uses two intentional community experiments depicted in the trilogy as “critical utopias” in order to work through problems involved in collective living, including the potentially anti-utopian aspects of these communities’ shortcomings. Ultimately, despite the apocalyptic setting that has attracted the most attention from critics, this article argues (...)
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  3.  19
    Beyond Triton: Samuel R. Delany's Critical Utopianism and the Colliding Worlds in “We, in Some Strange Power's Employ, Move on a Rigorous Line”.Mark A. Tabone - 2013 - Utopian Studies 24 (2):184-215.
    ABSTRACT Samuel R. Delany is among a group of authors who revivified the utopian imagination in science fiction during the late 1960s and early 1970s. This article discusses Delany's novella “We, in Some Strange Power's Employ, Move on a Rigorous Line”. It revisits scholarship on Delany and on utopia to offer theoretical and historical perspectives concerning how this text, which has been lauded by reviewers but overlooked by scholars, represents an early contribution to the then-nascent genre of the “critical utopia,” (...)
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  4. Beyond Triton : Samuel R. Delany's Critical Utopianism and the Colliding Worlds in "We, in Some Strange Power's Employ, Move on a Rigorous Line". [REVIEW]Mark A. Tabone - 2013 - Utopian Studies 24 (2):184-215.
    It would be difficult to overstate the impact of the work of Samuel R. Delany on the often-overlapping fields of science fiction (sf) studies and utopian studies. In his well-known 1982 essay, “Progress Versus Utopia, or, Can We Imagine the Future?” Fredric Jameson argues that Delany, along with Ursula Le Guin, Marge Piercy, and Joanna Russ, is among a socially engaged group of visionary authors who revivified the utopian imagination in sf during the 1960s and 1970s, and he cites Delany’s (...)
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  5. Aristotle on the Objects of Perception.Mark A. Johnstone - 2022 - In Caleb Cohoe (ed.), Aristotle's on the Soul: A Critical Guide. New York, NY: Cambridge University Press. pp. 155-173.
    In De Anima II.6, Aristotle divides the objects of perception into three kinds: “special perceptibles" (idia aisthêta) such as colours, sounds and flavours, which can be perceived in their own right by only one sense; “common perceptibles" (koina aisthêta) such as shapes, sizes and movements, which can be perceived in their own right by multiple senses; and “incidental perceptibles,” such as the son of Diares, which can be perceived only “incidentally” (kata sumbebêkos). In this paper, I examine this division of (...)
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  6.  45
    Rethinking the Meaning of Public Health.Mark A. Rothstein - 2002 - Journal of Law, Medicine and Ethics 30 (2):144-149.
    Public health is a dynamic field. Outbreaks of new diseases, as well as changing patterns of population growth, economic development, and lifestyle trends all may threaten public health and thus demand a public health response. As the practice of public health evolves, there is an ongoing need to reassess its scientific, ethical, legal, and social underpinnings. Such a reappraisal must consider the disagreement among public health officials, public health scholars, elected officials, and the public about the proper role of public (...)
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  7.  20
    Structural Challenges of Precision Medicine.Mark A. Rothstein - 2017 - Journal of Law, Medicine and Ethics 45 (2):274-279.
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  8.  25
    Citizen Science on Your Smartphone: An ELSI Research Agenda: Currents in Contemporary Bioethics.Mark A. Rothstein, John T. Wilbanks & Kyle B. Brothers - 2015 - Journal of Law, Medicine and Ethics 43 (4):897-903.
    Beginning in the 20th century, scientific research came to be dominated by a growing class of credentialed, professional scientists who overwhelmingly displaced the learned amateurs of an earlier time. By the end of the century, however, the exclusive realm of professional scientists conducting research was joined, to a degree, by “citizen scientists.” The term originally encompassed non-professionals assisting professional scientists by contributing observations and measurements to ongoing research enterprises. These collaborations were especially common in the environmental sciences, where citizen scientists (...)
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  9.  40
    Comparative Approaches to Biobanks and Privacy.Mark A. Rothstein, Bartha Maria Knoppers & Heather L. Harrell - 2016 - Journal of Law, Medicine and Ethics 44 (1):161-172.
    Laws in the 20 jurisdictions studied for this project display many similar approaches to protecting privacy in biobank research. Although few have enacted biobank-specific legislation, many countries address biobanking within other laws. All provide for some oversight mechanisms for biobank research, even though the nature of that oversight varies between jurisdictions. Most have some sort of controlled access system in place for research with biobank specimens. While broad consent models facilitate biobanking, countries without national or federated biobanks have been slow (...)
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  10. Challenge and Threat: A Critical Review of the Literature and an Alternative Conceptualization.Mark A. Uphill, Claire J. L. Rossato, Jon Swain & Jamie O’Driscoll - 2019 - Frontiers in Psychology 10.
    Prompted by the development of the Theory of Challenge and Threat States in Athletes (Jones et al, 2009), recent years has witnessed a considerable increase in research examining challenge and threat in sport. This manuscript provides a critical review of the literature examining challenge and threat in sport, tracing its historical development and some of the current empirical ambiguities. In an attempt to reconcile some of these ambiguities, and utilising neurobiological evidence associated with approach- and avoidance-motivation (cf. Elliot & Covington, (...)
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  11.  8
    Inside job: how government insiders subvert the public interest.Mark A. Zupan - 2017 - New York, NY: Cato Institute Cambridge University Press.
    National decline is typically blamed on special interests from the demand side of politics corrupting a country's institutions. The usual demand-side suspects include crony capitalists, consumer activists, economic elites, and labor unions. Less attention is given to government insiders on the supply side of politics - rulers, elected officials, bureaucrats, and public employees. In autocracies and democracies, government insiders have the motive, means, and opportunity to co-opt political power for their benefit and at the expense of national well-being. Many storied (...)
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  12.  45
    Heidegger and Unconcealment: Truth, Language, and History.Mark A. Wrathall - 2010 - New York: Cambridge University Press.
    This book includes ten essays that trace the notion of unconcealment as it develops from Heidegger's early writings to his later work, shaping his philosophy of truth, language and history. 'Unconcealment' is the idea that what entities are depends on the conditions that allow them to manifest themselves. This concept, central to Heidegger's work, also applies to worlds in a dual sense: first, a condition of entities manifesting themselves is the existence of a world; and second, worlds themselves are disclosed. (...)
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  13.  39
    Currents in Contemporary Ethics: Improve Privacy in Research by Eliminating Informed Consent? IOM Report Misses the Mark.Mark A. Rothstein - 2009 - Journal of Law, Medicine and Ethics 37 (3):507-512.
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  14.  12
    Compelled Disclosures of Health Records: Updated Estimates.Mark A. Rothstein & Meghan K. Talbott - 2017 - Journal of Law, Medicine and Ethics 45 (1):149-155.
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  15. Trivial Tasks that Consume a Lifetime: Kierkegaard on Immortality and Becoming Subjective.Mark A. Wrathall - 2015 - The Journal of Ethics 19 (3-4):419-441.
    S. Kierkegaard argued that our highest task as humans is to realize an “intensified” or “developed” form of subjectivity—his name for self-responsible agency. A self-responsible agent is not only responsible for her actions. She also bears responsibility for the individual that she is. In this paper, I review Kierkegaard’s account of the role that our capacity for reflective self-evaluation plays in making us responsible for ourselves. It is in the exercise of this capacity that we can go from being subjective (...)
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  16.  20
    California Takes the Lead on Data Privacy Law.Mark A. Rothstein & Stacey A. Tovino - 2019 - Hastings Center Report 49 (5):4-5.
    In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal (...)
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  17.  34
    Time to End the Use of Genetic Test Results in Life Insurance Underwriting.Mark A. Rothstein - 2018 - Journal of Law, Medicine and Ethics 46 (3):794-801.
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  18.  16
    HIPAA Privacy Rule 2.0.Mark A. Rothstein - 2013 - Journal of Law, Medicine and Ethics 41 (2):525-528.
    On January 25, 2013, theFederal Registerpublished the Department of Health and Human Services omnibus amendments to the Health Insurance Portability and Accountability Act Privacy, Security, Enforcement, and Breach Notification Rules. These modifications also include the final versions of the HIPAA regulation amendments mandated by the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act. Although the amended rules were effective on March 26, 2013, covered entities and their business associates have a compliance date of (...)
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  19.  17
    What is Life?Mark A. Bedau - 2008 - In Sahorta Sarkar & Anya Plutynski (eds.), Companion to the Philosophy of Biology. Blackwell. pp. 455–471.
    This chapter contains section titled: The Fascination of Life The Phenomena of Life Puzzles about Life Accounts of Life The Problem of Understanding Life References Further Reading.
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  20.  5
    Can Genetic Nondiscrimination Laws Save Lives?Mark A. Rothstein - 2020 - Hastings Center Report 51 (1):6-7.
    Numerous state laws and the federal Genetic Information Nondiscrimination Act (GINA) have been enacted to prevent or redress genetic discrimination in employment and health insurance, but laws protecting against genetic discrimination in life insurance have been less common and weak. Consequently, some individuals with a genetic risk of a serious illness have declined presymptomatic genetic testing, thereby decreasing their prevention and treatment options and increasing their mortality risk. In 2020, Florida became the first state to prohibit life insurance companies from (...)
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  21.  15
    Skillful Coping: Essays on the Phenomenology of Everyday Perception and Action.Mark A. Wrathall (ed.) - 2014 - Oxford, United Kingdom: Oxford University Press.
    For fifty years Hubert Dreyfus has done pioneering work which brings phenomenology and existentialism to bear on the philosophical and scientific study of the mind. This is a selection of his most influential essays, developing his critique of the representational model of the mind in analytical philosophy of mind and mainstream cognitive science.
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  22.  46
    Ethical Issues in Big Data Health Research: Currents in Contemporary Bioethics.Mark A. Rothstein - 2015 - Journal of Law, Medicine and Ethics 43 (2):425-429.
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  23.  15
    Autonomy and Paternalism in Health Policy: Currents in Contemporary Bioethics.Mark A. Rothstein - 2014 - Journal of Law, Medicine and Ethics 42 (4):590-594.
    In the United States the delivery of health care traditionally has been hierarchical and strictly controlled by physicians. Physicians typically provided patients with little information about their diagnosis, prognosis, and treatment plan; patients were expected to follow their physicians’ orders and ask no questions. Beginning in the 1970s, with the widespread adoption of the doctrine of informed consent to treatment, the physician-patient relationship began to be more collaborative, although the extent of the change has been subject to debate. At a (...)
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  24.  14
    The Hippocratic Bargain and Health Information Technology.Mark A. Rothstein - 2010 - Journal of Law, Medicine and Ethics 38 (1):7-13.
    Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things shameful (...)
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  25.  6
    Preventing Conflicts of Interest of NFL Team Physicians.Mark A. Rothstein - 2016 - Hastings Center Report 46 (S2):35-37.
    At least since the time of Hippocrates, the physician-patient relationship has been the paradigmatic ethical arrangement for the provision of medical care. Yet, a physician-patient relationship does not exist in every professional interaction involving physicians and individuals they examine or treat. There are several “third-party” relationships, mostly arising where the individual is not a patient and is merely being examined rather than treated, the individual does not select or pay the physician, and the physician's services are provided for the benefit (...)
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  26.  17
    Currents in Contemporary Ethics GINA, the ADA, and Genetic Discrimination in Employment.Mark A. Rothstein - 2008 - Journal of Law, Medicine and Ethics 36 (4):837-840.
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  27. Religion After Metaphysics.Mark A. Wrathall (ed.) - 2003 - New York: Cambridge University Press.
    How should we understand religion, and what place should it hold, in an age in which metaphysics has come into disrepute? The metaphysical assumptions which supported traditional theologies are no longer widely accepted, but it is not clear how this 'end of metaphysics' should be understood, nor what implications it ought to have for our understanding of religion. At the same time there is renewed interest in the sacred and the divine in disciplines as varied as philosophy, psychology, literature, history, (...)
     
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  28.  13
    Currents in Contemporary Ethics.Mark A. Rothstein - 2010 - Journal of Law, Medicine and Ethics 38 (2):412-419.
    The 2009 pandemic of influenza A was relatively mild, but a subsequent outbreak of pandemic influenza could be much worse. According to projections from the Department of Health and Human Services, the potential health consequences of a severe influenza pandemic in the United States could be literally overwhelming: up to 1.9 million deaths; 90 million people sick; 45 million people needing outpatient care; 9.9 million people hospitalized, of whom 1.485 million would need treatment in an intensive care unit ; and (...)
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  29.  23
    The Role of IRBs in Research Involving Commerical Biobanks.Mark A. Rothstein - 2002 - Journal of Law, Medicine and Ethics 30 (1):105-108.
    In the post-genome world of biomedical research, an increasingly common research strategy is to focus on large repositories of biological specimens. There are now several well-known efforts to compile vast collections of biological materials, reanalyze extant samples, collect new ones, and link the samples to medical records. The significant issues of law, ethics, and policy raised by these research activities usually are heightened when commercial enterprises play a leading role in accumulating and distributing the samples. Emerging companies are not only (...)
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  30.  16
    Expanding the Ethical Analysis of Biobanks.Mark A. Rothstein - 2005 - Journal of Law, Medicine and Ethics 33 (1):89-101.
    Biobanks are repositories of human biological materials collected for biomedical research. There are over 300 million stored specimens in the United States, and the number grows by 20 million per year. In the post-genome world of high throughput gene sequencing and computational biology, biobanks hold the promise of facilitating large-scale research studies. New organizational and operational models of research repositories also raise complex issues of big science, big business, and big ethical concerns.
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  31. Privacy and confidentiality.Mark A. Rothstein - 2014 - In Yann Joly & Bartha Maria Knoppers (eds.), Routledge Handbook of Medical Law and Ethics. New York, NY: Routledge.
     
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  32.  46
    Epigenetic Exceptionalism.Mark A. Rothstein - 2013 - Journal of Law, Medicine and Ethics 41 (3):733-736.
    Emerging fields of science often create new challenges for ethics and law. In assessing the broader societal implications of scientific discoveries, a reasonable analytical starting point is determining how the discoveries compare with existing science. If the new field is substantially similar to an established one, then the ethical and legal analyses are likely to be comparable. On the other hand, if the new scientific developments are extraordinary in kind or degree, then a new analytical framework and new approaches to (...)
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  33.  25
    Currents in Contemporary Bioethics.Mark A. Rothstein - 2012 - Journal of Law, Medicine and Ethics 40 (2):394-400.
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  34.  13
    Genetic Privacy and Confidentiality: Why They are So Hard to Protect.Mark A. Rothstein - 1998 - Journal of Law, Medicine and Ethics 26 (3):198-204.
    Genetic privacy and confidentiality have both intrinsic and consequential value. Although general agreement exists about the need to protect privacy and confidentiality in the abstract, most of the concern has focused on preventing the harmful uses of this sensitive information. I hope to demonstrate in this article that the reason why genetic privacy and confidentiality are so difficult to protect is that any effort to protect them inevitably implicates broader and extremely contentious issues, such as the right of access to (...)
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  35.  7
    Do Medically Underserved Individuals Benefit from Participating in All of Us?Mark A. Rothstein - 2024 - American Journal of Bioethics 24 (3):94-96.
    There are compelling scientific, political, historical, legal, and ethical reasons why the All of Us research program participants should reflect the population of the United States. Many commentat...
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  36.  19
    The End of the HIPAA Privacy Rule?Mark A. Rothstein - 2016 - Journal of Law, Medicine and Ethics 44 (2):352-358.
    The HIPAA Privacy Rule is notoriously weak because of its incomplete coverage, numerous exclusions and exemptions, and limited rights for individuals. The three areas in which it provides the most protection are fundraising, marketing, and research. Provisions of the 21st Century Cures Act, pending in Congress, and the Notice of Proposed Rulemaking to amend the federal research regulations, awaiting final regulatory action, would weaken the privacy protections for research. If these measures are adopted, the HIPAA Privacy Rule would have so (...)
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  37.  11
    Currents in Contemporary Ethics.Mark A. Rothstein - 2005 - Journal of Law, Medicine and Ethics 33 (1):154-159.
    For nearly twenty-five years, federal regulation of privacy issues in research involving human subjects was the primary province of the federal rule for Protection of Human Subjects. As of April 14, 2003, the compliance date for the Privacy Rule of the Health Insurance Portability and Accountability Act, however, the Common Rule and the Privacy Rule jointly regulate research privacy. Although, in theory, the Privacy Rule is intended to complement the Common Rule, there are several areas in which the rules diverge. (...)
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  38.  11
    How Genetics Might Affect Real Property Rights.Mark A. Rothstein & Laura Rothstein - 2016 - Journal of Law, Medicine and Ethics 44 (1):216-221.
    New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individual's genetic risk for Alzheimer's disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic (...)
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  39. Voices of vocation.Mark A. Jumper - 2022 - In Corné J. Bekker & James T. Flynn (eds.), Doctors for the Church. Dubuque, IA: Kendall Hunt Publishing Company.
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  40.  34
    Ethical Responsibilities of Physicians in the Opioid Crisis.Mark A. Rothstein - 2017 - Journal of Law, Medicine and Ethics 45 (4):682-687.
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  41.  29
    “I” “here” and “you” “there”: Heidegger on Existential Spatiality and the “Volatilized” Self.Mark A. Wrathall - 2017 - Yearbook for Eastern and Western Philosophy 2017 (2):223-234.
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  42.  1
    Commentary on creativity and curiosity.Mark A. Runco - 2024 - Behavioral and Brain Sciences 47:e113.
    The target article covers a large amount of ground and offers a provocative perspective. This commentary focuses on (a) assumptions, namely that there are discrete stages in the creative process and that novelty and usefulness are inextricable, (b) hidden variables in the creativity–curiosity relationship, and (c) the difference between an explanation of creativity versus a description of influence on it.
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  43.  26
    The Expanding Use of DNA in Law Enforcement: What Role for Privacy?Mark A. Rothstein & Meghan K. Talbott - 2006 - Journal of Law, Medicine and Ethics 34 (2):153-164.
    DNA identification methods are such an established part of our law enforcement and criminal justice systems it is hard to believe that the technologies were developed as recently as the mid-1980s, and that the databases of law enforcement profiles were established in the 1990s. Although the first databases were limited to the DNA profiles of convicted rapists and murderers, the success of these databases in solving violent crimes provided the impetus for Congress and state legislatures to expand the scope of (...)
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  44.  21
    Genetic Exceptionalism and Legislative Pragmatism.Mark A. Rothstein - 2007 - Journal of Law, Medicine and Ethics 35 (S2):59-65.
    One of the most important and contentious policy issues surrounding genetics is whether genetic information should be treated separately from other medical information. The view that genetics raises distinct issues is what Thomas Murray labeled “genetic exceptionalism,” borrowing from the earlier term “HIV exceptional-ism.” The issue of whether the use of genetic information should be addressed separately from other health information is not merely an academic concern, however. Since the Human Genome Project began in 1990, nearly every state has enacted (...)
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  45.  7
    Doctors and Pain Patients Avoid “Ruan” in the Supreme Court.Mark A. Rothstein, Mary E. Dyche & Julia Irzyk - 2022 - Journal of Law, Medicine and Ethics 50 (4):841-847.
    Physicians’ fear of criminal prosecution for prescribing opioid analgesics is a major reason why many chronic pain patients are having an increasingly difficult time obtaining medically appropriate pain relief. In Ruan v. United States, 142 S. Ct. 2370 (2022), the Supreme Court unanimously vacated two federal convictions under the Controlled Substances Act. The Court held that the government must prove that the defendant knowingly or intentionally acted in an unauthorized manner.
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  46.  19
    Currents in Contemporary Ethics is GINA Worth the Wait?Mark A. Rothstein - 2008 - Journal of Law, Medicine and Ethics 36 (1):174-178.
    It has been pending in Congress for twelve years, despite the support of the last two presidential Administrations and the National Institutes of Health. It has been the subject of extensive affirmative lobbying by academic medical centers, pharmaceutical and biotech companies, genetic disease advocacy groups, and civil rights organizations. It has overcome vehement objections by employers and insurers. Its final passage, however, has been thwarted by a few Congressional leaders, who have prevented enactment despite overwhelming bipartisan support in both houses (...)
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  47.  8
    Currents in Contemporary Ethics: Malpractice Immunity for Volunteer Physicians in Public Health Emergencies: Adding Insult to Injury.Mark A. Rothstein - 2010 - Journal of Law, Medicine and Ethics 38 (1):149-153.
    There is widespread concern among public health and emergency response officials that there could be a shortage of health care providers in a public health emergency. At least the following three factors could cause an inadequate supply of physicians, nurses, and other health care providers: the severity of the emergency might greatly increase the demand for health services and outstrip the available supply; health care providers might become unavailable because of their own high rates of illness, as was the case (...)
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  48.  9
    INTRODUCTION: Harmonizing Privacy Laws to Enable International Biobank Research.Mark A. Rothstein & Bartha Maria Knoppers - 2015 - Journal of Law, Medicine and Ethics 43 (4):673-674.
    The Journal of Law, Medicine &Ethics, Volume 43, Issue 4, Page 673-674, Winter 2015.
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  49.  32
    Heidegger, Coping, and Cognitive Science: Essays in Honor of Hubert L. Dreyfus.Mark A. Wrathall & Jeff Malpas (eds.) - 2000 - MIT Press.
    Hubert L. Dreyfus's engagement with other thinkers has always been driven by his desire to understand certain basic questions about ourselves and our world. The philosophers on whom his teaching and research have focused are those whose work seems to him to make a difference to the world. The essays in this volume reflect this desire to "make a difference"--not just in the world of academic philosophy, but in the broader world.Dreyfus has helped to create a culture of reflection--of questioning (...)
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  50. Toward a theory of episodic memory: The frontal lobes and autonoetic consciousness.Mark A. Wheeler, Stuss, T. Donald & Endel Tulving - 1997 - Psychological Bulletin 121:331-54.
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