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  1. Currents in Contemporary Ethics.Mary R. Anderlik & Mark A. Rothstein - 2003 - Journal of Law, Medicine and Ethics 31 (3):450-454.
    In financial disputes involving research, the parties are traditionally individual researchers and their institutions, biotech and pharmaceutical companies, and other entities engaged in the commercial development of biomedical research. Occasionally, research subjects claim that researchers have misled them or misappropriated their biological materials to derive financial gain. The best known example is the case of Moore v. Regents of the University of California, decided in 1990.With new developments in genomics, large-scale repositories of tissue and other biological specimens are increasingly important. (...)
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  • Researcher Perspectives on Data Sharing in Deep Brain Stimulation.Peter Zuk, Clarissa E. Sanchez, Kristin Kostick, Laura Torgerson, Katrina A. Muñoz, Rebecca Hsu, Lavina Kalwani, Demetrio Sierra-Mercado, Jill O. Robinson, Simon Outram, Barbara A. Koenig, Stacey Pereira, Amy L. McGuire & Gabriel Lázaro-Muñoz - 2020 - Frontiers in Human Neuroscience 14:578687.
    The expansion of research on deep brain stimulation (DBS) and adaptive DBS (aDBS) raises important neuroethics and policy questions related to data sharing. However, there has been little empirical research on the perspectives of experts developing these technologies. We conducted semi-structured, open-ended interviews with aDBS researchers regarding their data sharing practices and their perspectives on ethical and policy issues related to sharing. Researchers expressed support for and a commitment to sharing, with most saying that they were either sharing their data (...)
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  • Genomic Databases and Biobanks in Israel.Gil Siegal - 2015 - Journal of Law, Medicine and Ethics 43 (4):766-775.
    In addressing the creation and regulation of biobanks in different countries, a short descriptive introduction to the social and cultural backgrounds of each country is mandatory. The State of Israel is relatively young, and can be characterized as a multi-religious, multi-ethnic, multi-cultural society, somewhat similar to the American melting pot. The current population is 8.3 million, a sharp rise resulting from a 1.2 million influx of immigrants from the former Soviet Union in the 1990s. Seventyfive percent are Jewish, 20% Arabs, (...)
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  • 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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  • Epigenetic Exceptionalism.Mark A. Rothstein - 2013 - Journal of Law, Medicine and Ethics 41 (3):733-736.
    This article considers the distinctive features of epigenetics and discusses whether, as a matter of ethics and law, epigenetics should be considered separate from genetics.
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  • 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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  • Currents in Contemporary Bioethics.Mark A. Rothstein - 2012 - Journal of Law, Medicine and Ethics 40 (2):394-400.
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  • 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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  • The routinisation of genomics and genetics: implications for ethical practices.M. W. Foster, C. D. M. Royal & R. R. Sharp - 2006 - Journal of Medical Ethics 32 (11):635-638.
    Among bioethicists and members of the public, genetics is often regarded as unique in its ethical challenges. As medical researchers and clinicians increasingly combine genetic information with a range of non-genetic information in the study and clinical management of patients with common diseases, the unique ethical challenges attributed to genetics must be re-examined. A process of genetic routinisation that will have implications for research and clinical ethics, as well as for public conceptions of genetic information, is constituted by the emergence (...)
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  • 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 is being used in ever-widening ways, including databases of greater scope, familial and lowstringency searches, and DNA dragnets. After examining the law enforcement and privacy interests, the article concludes that forensic DNA uses must be consistent with privacy and civil liberties.
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  • Genetic Discrimination and Health Insurance.Kasper Lippert-Rasmussen - 2015 - Res Publica 21 (2):185-199.
    According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...)
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  • A Defense of Genetic Discrimination.Noah Levin - 2013 - Hastings Center Report 43 (4):33-42.
    The United States’ Genetic Information Nondiscrimination Act of 2008 was sweeping legislation intended to protect the privacy of genetic information and prevent discrimination based on genetic factors in health insurance and employment. It protects the genetic privacy of individuals in these contexts and limits the likelihood that genetic discrimination will occur. However, in the case of employment, it does so at the cost of safety, both to the individuals it is meant to protect and to others. On occasion, adherence to (...)
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  • Genetic Nondiscrimination and Health Care as an Entitlement.B. M. Kious - 2010 - Journal of Medicine and Philosophy 35 (2):86-100.
    The Genetic Information Nondiscrimination Act of 2008 prohibits most forms of discrimination on the basis of genetic information in health insurance and employment. The findings cited as justification for the act, the almost universal political support for it, and much of the scholarly literature about genetic discrimination, all betray a confusion about what is really at issue. They imply that genetic discrimination is wrong mainly because of genetic exceptionalism: because some special feature of genetic information makes discrimination on the basis (...)
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  • Coming to Grips with Genetic Exceptionalism: Roots and Reach of an Explanatory Model. [REVIEW]Ilhan Ilkilic - 2009 - Medicine Studies 1 (2):131-142.
    Is genetic information different from other types of medical information and is therefore a special treatment required because of its special features? This question has been discussed since the mid-1990s under the label of genetic exceptionalism. This article discusses the essential arguments of the genetic exceptionalism discourse and analyzes their ethical reach. The primary question of this paper is whether the arguments of the current debate, with its predominantly scientific focus, are capable of solving the ethical questions raised by genetic (...)
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  • Reassessing insurers' access to genetic information: Genetic privacy, ignorance, and injustice.Eli Feiring - 2008 - Bioethics 23 (5):300-310.
    Many countries have imposed strict regulations on the genetic information to which insurers have access. Commentators have warned against the emerging body of legislation for different reasons. This paper demonstrates that, when confronted with the argument that genetic information should be available to insurers for health insurance underwriting purposes, one should avoid appeals to rights of genetic privacy and genetic ignorance. The principle of equality of opportunity may nevertheless warrant restrictions. A choice-based account of this principle implies that it is (...)
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  • Genomic privacy, identity and dignity.Shlomo Cohen & Ro'I. Zultan - forthcoming - Journal of Medical Ethics.
    Significant advancements towards a future of big data genomic medicine, associated with large-scale public dataset repositories, intensify dilemmas of genomic privacy. To resolve dilemmas adequately, we need to understand the relative force of the competing considerations that make them up. Attitudes towards genomic privacy are complex and not well understood; understanding is further complicated by the vague claim of ‘genetic exceptionalism’. In this paper, we distinguish between consequentialist and non-consequentialist privacy interests: while the former are concerned with harms secondary to (...)
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  • The human genome project.Lisa Gannett - 2009 - Stanford Encyclopedia of Philosophy.
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