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Contents - JLME - 2004 Volume 32: 1
Table of Contents
  1. Table of Contents
Symposium Articles
  1. Introduction Evolution, Prevention,and Responses to Aggressive Behavior and Violence
  2. Evolutionary Ethics, Aggression, and Violence: Lessons from Primate Research
  3. Is There Value in Identifying Individual Genetic Predispositions to Violence?
  4. Firearms, Violence, and the Potential Impact of Firearms Control
  5. The Production of Criminal Violence in America: Is Strict Gun Control the Solution?
  6. Controlling Communications That Teach or Demonstrate Violence: "The Movie Made Them Do It"
  7. Preventive Confinement of Dangerous Offenders
  8. Interpersonal Violence and Public Policy: What about the Victims?
  9. Strengthening the Collaboration between Public Health and Criminal Justice to Prevent Violence
Independent Articles
  1. Why Not Retribution? The Particularized Imaginationand Justice for Pregnant Addicts
  2. Ending Concerns About Undue Inducement
  3. Natural Settings Trials : Improving the Introduction of Clinical Genetic Tests
  4. Research Ethics and Misguided Moral Intuition
  5. Legal Enforcement of Xenotransplantation Public Health Safeguards
  6. Evaluation of the Condom Distribution Program in New South Wales Prisons, Australia
  7. Benign Neglect or Neglected Abuse: Drug and Alcohol Withdrawal in U.S. Jails
  8. Legal Barriers to Implementing Recommendations for Universal,Routine Prenatal HIV Testing
  9. Confounding Extremities: Surgery at the Medico-ethical Limits of Self-Modification
  10. Political Authority in a Bioterror Emergency
  11. A Human Germline Modification Scale
Features
  1. Recent Developments in Health Law
Table of Contents
Table of Contents
ASLME - [PDF] (Free Download)
Table of Contents
Symposium Articles
Introduction Evolution, Prevention,and Responses to Aggressive Behavior and Violence
Robert M. Sade - [PDF]

Introduction: Evolution, Prevention, and Responses to AggresiveBehavior and Violence
Evolutionary Ethics, Aggression, and Violence: Lessons from Primate Research
Frans B. M. de Waal - [PDF]

The research technique most widely used currently to study aggression in primatesis the Relational Model, which, unlike the earlier Individual Model, places conflict and conflict resolution in social settings of groups and communities. Recent studies have suggested that conciliatory behavior after conflict is common in mammals, and is especially prominent in primates; such behaviors range along a spectrum from touching, hand-holding, grooming, and kissing to sexual intercourse. The Valuable Relationship Hypothesis' reconciliation after conflict is most intense between individuals who stand to lose a great deal if their relationship deteriorates' may have special relevance to human conflict.
Is There Value in Identifying Individual Genetic Predispositions to Violence?
David Wasserman - [PDF]

This article examines research that findsan association between childhoodmaltreatment, common genetic variations,and violence. It cautions against using suchresearch to target violence-prone youth forearly intervention and argues that itsfindings may have a more appropriate roleto play in evaluating violent behavior thanin preventing it.
Firearms, Violence, and the Potential Impact of Firearms Control
Franklin E. Zimring - [PDF]

This paper organizes the question of guncontrols as violence policy under two quitedifferent headings. The first issue to bediscussed is the relationship between gunuse and the death rate from violent crime.The second question is whether and howfirearms control strategies might reduce thedeath rate from violence. Gun control is apotential life-saving tool but only if the useof guns in attack can be reduced, andachieving that in our city streets willneither be easy or cheap.
The Production of Criminal Violence in America: Is Strict Gun Control the Solution?
Lance K. Stell - [PDF]

he are many arguments for pursuing abroad policy initiative that seeks to imposegun-scarcity on America's general popu-lation. This article argues instead that anempirical analysis of America's homiciderate over the last 100 years shows that thereis no causal connection between the per-centage of homicides committed with fire-arms and the overall homicide rate.
Controlling Communications That Teach or Demonstrate Violence: "The Movie Made Them Do It"
Lillian R. BeVier - [PDF]

This article describes and analyzes the theories of tort law (negligence, strict productliability, and aiding and abetting) that alleged victims of media-induced violent acts have invoked to impose liability on media defendants. It summarizes the tort and freedom of expression policies that support courts' general reluctance to hold media defendants liable for crimes committed by audience member.
Preventive Confinement of Dangerous Offenders
Stephen J. Morse - [PDF]

The central theme of this paper is that it isdifficult to protect the public and to treatpotential predators fairly without com-promising one of these goals, and that cur-rent legal practices undermine both. Nev-ertheless, I predict that such practice willcontinue and be considered constitution-ally acceptable. I then provide the affir-mative case for pure preventive confine-ment. The last section of the paper brieflyaddresses practical, criminal justice solu-tions to the problem of dangerous preda-tion.
Interpersonal Violence and Public Policy: What about the Victims?
Dean G. Kilpatrick - [PDF]

Interpersonal violence is a prevalent problem in the U.S., and it is a major riskfactor for a host of physical and mentalhealth problems. This paper argues thatpublic policy changes are needed to insurethat violent crime victims' rights andservices receive proper attention. Theessay concluded with several public policyrecommendations designed to improve victims' rights and services.
Strengthening the Collaboration between Public Health and Criminal Justice to Prevent Violence
Deborah Prothrow-Stith - [PDF]

Over the last twenty years, understandingand preventing adolescent youth violencehas come to the forefront as a domesticissue in America. Public health practitio-ners, policy makers and researchers havecharted new territory utilizing public healthstrategies to resolve a problem normallyconsidered a function of criminal justice.However, interfacing public health andcriminal justice may be continuallyexplored to ensure complimentary strate-gies and activities, with more effort placedin overcoming some of the inherentobstacles to create and fund joint researchand action agendas.
Independent Articles
Why Not Retribution? The Particularized Imaginationand Justice for Pregnant Addicts
Lisa Eckenwiler - [PDF]

The future of regulation of drug use during pregnancy is unclear given that retributive responses remain in place in many jurisdictions, and the current economic and political climate. I explain why retribution is morally indefensible for its failure to attend to particularity and itsviolation of the ideal that persons should never be treated instrumentally, as mere tools for others?
Ending Concerns About Undue Inducement
Ezekiel J. Emanuel - [PDF]

The charge of undue inducement is amongthe most serious ethical charges in clinicalresearch. This is mistaken. Worries aboutundue inducement are really displace-ments of other ethical concerns. Thatundue inducements should not be anethical concern related to human subjectsresearch does not imply that there are noethical concerns about payment forresearch, only that they are not related tohigh payments inducing poor judgmentthat lead to harm.
Natural Settings Trials : Improving the Introduction of Clinical Genetic Tests
Carol L. Freund, Ellen W. Clayton, Benjamin S. Wilfond - [PDF]

Clinical application of genetic tests isexpanding from tests for single genediseases of high penetrance to tests forsingle-gene disorders with low penetranceand genetic markers of susceptibility forcommon diseases. Testing is also movingfrom the research and subspecialty contextto primary care settings. We propose thatnatural setting trials (NST), collectingrigorous research data while maintainingthe natural practice environment, be con-ducted to learn more about the translationof genetic tests from the research phase toactual clinical practice. Data from suchstudies could then be used to inform thedevelopment of realistic strategies for clini-cal use of genetic tests.
Research Ethics and Misguided Moral Intuition
Franklin G. Miller - [PDF]

Ethical evaluation of clinical researchoften appeals to moral judgments about theappropriate conduct of physicians inproviding medical care. This article arguesthat this common ethical approach derivesfrom misguided moral intuitions thatconflate the ethics of clinical research withthe ethics of medical care. Examples of thiserroneous ethical approach are examinedcritically and objections to this critique areconsidered.
Legal Enforcement of Xenotransplantation Public Health Safeguards
Patrik S. Florencio, Erik D. Ramanathan - [PDF]

This article argues that we currently lackthe legal authority to enforce compliancewith the most important of thexenotransplantation public safeguards "the collection of tissue and body fluidspecimens from xenotransplant recipients" and suggests a new legal framework toaccomplish this goal.
Evaluation of the Condom Distribution Program in New South Wales Prisons, Australia
Kate Dolan, David Lowe, James Shearer - [PDF]

This paper reports on condom provision in 23 male prisons in New South Wales (NSW)between 1997 and 1998. Condom distri-bution programs, as part of HIV and other sexually transmissible infections prevention strategies, are feasible and warranted in correctional centers. It was recommended that the condom program continue to be implemented in NSW prisons.
Benign Neglect or Neglected Abuse: Drug and Alcohol Withdrawal in U.S. Jails
Kevin Fiscella, Naomi Pless,Sean Meldrum, Paul Fiscella - [PDF]

Untreated drug and alcohol withdrawalcan result in significant pain, trauma,morbidity, and even death. Despite na-tional guidelines for detoxification, includ-ing those developed specifically for jails andprisons, most U.S. jails don't detoxifyarrestees. Forcing detained persons, pre-sumed innocent under law, to undergoacute drug or alcohol withdrawal withoutadequate treatment may constitute a hu-man rights abuse and a violation of con-stitutional protections. Greater publicawareness of the inhumane treatment af-forded drug and alcohol dependentarrestees is a prerequisite to correctionalhealth care reform, particularly manda-tory accreditation of health care servicesin jails.
Legal Barriers to Implementing Recommendations for Universal,Routine Prenatal HIV Testing
Leslie E. Wolf, Bernard Lo, Lawrence O. Gostin - [PDF]

A 1999 Institute of Medicine (IOM) panelrecommended that universal HIV testingbecome a routine component of prenatalcare to reduce mother-to-child HIV trans-mission by enabling HIV-infected womento take advantage of antiretroviral prophy-laxis. In this paper, we first evaluate theIOM's recommendations and the reasonsbehind them. We make specific recommen-dations regarding information that mustbe disclosed prior to prenatal HIV testingand legal protections that should beadopted. Our recommendations will helpto ensure that wider prenatal HIV testingcan be carried out without leaving womentoo vulnerable to psychosocial harms.
Confounding Extremities: Surgery at the Medico-ethical Limits of Self-Modification
Annemarie Bridy - [PDF]

This article discusses the debate overapotemnophilia and its diagnosis andtreatment, focusing on the bioethical,legal, and cultural implications of electiveamputation as a possible therapy. Theauthor argues that the sensationalismsurrounding apotemnophilia should not beallowed to deter the thoughtful interdisci-plinary inquiry that is appropriate to thisdebate, which raises important questionsabout the definition of bodily integrity, theprocess of medical standard-setting, andthe limits of physician and patientautonomy when it comes to surgicalmodification of the body.
Political Authority in a Bioterror Emergency
Thomas May - [PDF]

The Model State Emergency Health PowersAct, developed in light of a perceived needto prepare for potential bioterror emergen-cies, has been both praised and criticizedfor the powers it grants to governmentalauthorities. This paper evaluates the Actin the context of a broader justification forpolitical authority, finding the Act justifiedbut in need of revision.
A Human Germline Modification Scale
Harry Adams - [PDF]

What fundamental ethical and regulatoryprinciples should govern technologies that (could) modify the human germline? To answer this question, the author proposes a set of conceptual guidelines that, he argues, specify the types of germline modifications (GLMs) that should (and should not) count as ethically acceptable and legally permissible, and also that specify the ways these GLMs might be fairly distributed.
Features
Recent Developments in Health Law
American Journal of Law & Medicine, Harvard Law & Health Care Society - [PDF]

Recent Developments in Health Law