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Chapter 1. Death: Resolving Biomedical Ethics Through Constitutional Law


A. Quinlan: Removing the Respirator    + View Resources

Do you want to start the class by reflecting on what COVID shows us about bioethics? Indiana University identifies some of the ethics of coronavirus at this link. Do you agree with the points they make? NCBI has a long analysis of the relevant ethics principles here. How do you analyze their treatment of the questions? What ethical issues have you confronted based on COVID?


Learn about Ethics Committees at this website

Read the WHO's statement at WHOPublicEmerg.

Read the NY Ventilator Guidelines at NYVentilator.


B. Cruzan: Discontinuing Nutrition and Hydration    + View Resources

Learn About Living Wills and Durable Powers of Attorney

MODPA Form

DPAL Will Page 21

MissouriLifeChoices

Learn about POLST

Has your state adopted POLST?

CalPOLST

How would you resolve a Terry Schiavo situation in your state?

Get started with the National Hospice and Palliative Care Association or

Compassion and Choices.

C. <i>Glucksberg<i>: Physician Aid in Dying    + View Resources


D. Looking Ahead: Can We Be Sure About Brain Death and Vegetative States?    + View Resources

1. BRAIN DEATH

2. BRAIN DEATH AND PATIENT AUTONOMY

Watch the videos of Jahi McMath.





3. VEGETATIVE STATES AND MINIMAL CONSCIOUSNESS

4. HOW TO DIE





Chapter 2. Informed Consent: Legal Protection of Patients and Human Subjects


A. The Historical Record    + View Resources

1. THE STANDARD FOR INFORMED CONSENT

Jerry Canterbury dies at age 78. Read about his life and case at Jerry Canterbury's Death.

See the COVID consent form here, COVIDConsent.

2. STERILIZATION

Watch the following video. Buck v. Bell is mentioned at 4:30-6:04.



Compare your sterilization bill to California's:

Senate Bill No. 1135.

You can see some of this history in the film, Belly of the Beast, Beast.

3. RACISM AND RESEARCH

A Toolkit raising questions about racism and bioethics is available at Toolkit. Where else in this class should racism be introduced or emphasized?

Should the US government apologize to Guatemala?


B. Setting Standards for Research With Human Subjects    + View Resources

Phase I A consent form
Phase I B consent form
Phase I C consent form

Think of a disease that is important to you and see if there are clinical trials about it.

1. INTRODUCTION TO THE IRB

Watch this video to learn about the IRB: IRB.

Understand the regulations that govern IRBs.

Support Trial
Yale Tissue

2. FLAWED INCENTIVES IN RESEARCH

Explore the Open Payments website required by the ACA.

Read the five most recent scientific misconduct case summaries at the Office of Research Integrity.

3. REFORMS OF THE SYSTEM

Read about the Right to Try Act..

Much research now suggests that Patient Decision Aids (PDAs) provide a great deal of assistance to improving informed consent. They empower patients to make better decisions. What would you think of using a PDA? Read about what they are at PDA. Then see PDAs available for a long list of diseases at Disease List.



C. Looking Ahead: Improving Consent In New Circumstances    + View Resources

1. CAN TECHNOLOGY IMPROVE INFORMED CONSENT?

Watch the following videos on informed consent:



Do electronic consent forms help or hinder informed consent? Could they improve patients' understanding of what they are facing? Would you rather have non-electronic or electronic informed consent? Why? See Mark Robinson's discussion of the ethics of electronic consent at What are the Ethics of Electronic Consent Forms?.


2. APOMEDIATED CLINICAL TRIALS

Compare www.patientslikeme.com (makes money by selling patient information to companies that are developing products) with http://diygenomics.net (brings tools and libraries together for small scale genomics labs for the process of sequence assembly), and https://www.inspire.com (receives funding by providing research for life science companies).

Would you know how to use this website to contact research subjects? What about this one?

3. INCIDENTAL FINDINGS

IRB Primer on Incidental & Secondary Findings

4. COMPASSION IN PUBLIC HEALTH EMERGENCIES






Chapter 3. Reproductive Privacy and Parenthood


A. Abortion Cases, from Roe to Dobbs    + View Resources

1. ROE V WADE

2. CASEY

3. DOBBS





B. Reproduction and Parenthood    + View Resources

1. SURROGATE MOTHERHOOD

Read these materials and watch these videos in order to understand how IVF works:

MedlinePlus describes IVF.

How do you expect the overturning of Roe to affect IVF? Would early abortion bans also make IVF illegal? Read about it here.

WebMD describes the types of surrogate motherhood.

Use the following website to get an overview of the different laws regulating surrogacy across the United States:

Select Surrogate

Visit SelectSurrogate and ConceiveAbilities so you can understand how the business of surrogacy works:

SelectSurrogate

Conceiveabilities


2. ADOPTIVE PARENTS AND FORGOTTEN FATHERS


C. Looking Ahead: Designer Parenthood    + View Resources

1. THREE-WAY PARENTHOOD-HOW MANY PARENTS?

The three-way parent mitochondrial process is described here.

2. FORCED PARENTHOOD?

California Senate Bill 115

3. DELAYED PARENTHOOD?

Read about egg freezing here.

Watch the egg freezing process:



This woman decided to freeze her eggs:



4. SAVIOR SIBLINGS?

Learn about PGD.


5. MATERNAL IMPRISONMENTS AND INFANTICIDE

6. IVG




Chapter 4. Justice: How Should Health Care and Organs Be Distributed?


A. Right to Health Care    (No Resources Posted Yet)



B. Organ Transplants    + View Resources

1. The Ban on Compensation

Read about organ donations and transplants at UNOS.

2.Reason to Start a Market for Organs?

Would you donate an organ? elink>https://www.organdonor.gov/learn/process/living-donation" target=_blank>Donate

Would you be a kidney donor?
LivingK idney Donor
Donor Reg
Flesh Net Worth

a. Altruistic NEAD Chains

b. Let the Market Decide

c. Encouraging Donation




C. Looking Ahead: More Markets for More Body Parts    + View Resources

1. The Dead Donor Rule

What do you think of the morality of Imminent Death Donation, which involves living donors near the end of their lives, and "advocates for non-vital organ donation from the living donor prior to withdrawal of all life-sustaining treatment." Should it make a difference if the living donor is capable or incapable of making the decision to donate? Is this a good way to increase organ donations? Jordan Potter addresses the ethical issues connected with IDD at Imminent Death Donation: Ethical and Practical Policy Considerations.

2. Ovaries and Uteruses



3. Reverse Transplant Tourism

4. Mind Over Matter: Organ Donation by the Mentally Incompetent

5. Organ Donation in U.S. Prisons



Chapter 5. Conscience: An Exercise of Paternalism or Autonomy?


A. Whose Conscience Counts?    + View Resources

Learn the details of state conscience clauses that affect reproductive health care.

The Merger Exercise

Pick a classmate or friend who will oppose you in negotiations between the two hospital systems, Catholic and Secular. The New England Journal of Medicine has some guidelines for you about how to achieve "the good merger."

Lawyer for Catholic Hospital

Your client is very concerned about the immorality of sterilization. Read this article to understand your client's concerns. The Catholic ERDs are available here. There is a new, 2018 version of the Ethical and Religious Directives. Their implications for hospital mergers are discussed at CatholicMergers.

Lawyer for Secular Hospital

You want to protect the best health for everyone.








B. Stem Cell Research    + View Resources


C. Looking Ahead: Will New Technology Raise New Questions of Conscience?    + View Resources


1. Stem Cell Breakthroughs



2. Umbilical Cord Blood Banking

How much should you pay for cord blood banking?

3. The Placenta



Chapter 6. Property: The Balance Between Research, Profits, and Patients


A. Patents    + View Resources

Understand the Science Behind the Case

Next, learn the relationship of genes and chromosomes to DNA.

Scientists study genes in order to determine how diseases are caused. By means of DNA sequencing, Myriad identified two genes, BRCA1 and BRCA2, that cause breast and ovarian cancer. To visualize what the genes look like, go here.

The original method of DNA sequencing—called the Sanger Method—is described in video form here.

The following image describes the process by which DNA is transformed into cDNA.



Who Should Seek Genetic Testing?



Learn from the HGP which diseases are associated with which chromosomes.

The Oral Argument in Myriad (Click play button on this link to hear audio and read live scrolling transcript)

Can Stem Cells be Patented?

Stem Cell Patent.

Read the Brustle press release.

Then read the ISCC press release. How did the court distinguish Brustle?

Moderna and Pfizer are arguing about the patents associated with their COVID-19 vaccines. Moderna alleged three of its patents were violated by Pfizer. How could this difference of opinion about the patents be resolved? For background to this dispute, see TextExplainingCOVIDPatentDispute.

B. Profits    + View Resources


C. Looking Ahead: More Financial Opportunities    + View Resources




Chapter 7. The New Frontier: Neuroethics


A. Criminal Law Leads the Way    + View Resources



Бе PET SCANS:



Бе Brain positron emission tomography



Бе EEGs



Бе MEG

What is Magnetoencephalography (MEG)?




Бе MSI:


Diagnostic Imaging

Бе FMRI:






B. Courtroom Issues    + View Resources

Selective Attention Test


Whodunnit?


The Bomber on the Roof Part I


The Bomber on the Roof Part II


GoodMemory?
Ask someone to read a list of words to you. Then write down as many words as you can remember.

How is Your Memory for Faces?

Learn how DNA testing works:
DNATesting

New Jersey Jury Instruction

New Jersey Court Rule







C. Looking Ahead: Neuroscience's Role in All Areas of the Law    + View Resources

1. Cognitive Liberty

2. Measuring Pain

Read a summary of Dr. Wager's research on pain.

A group of prominent neuroethicists conclude that brain imaging tests can be used to measure people's pain more accurately. Yet it is not yet time to use the evidence to prove or contest pain in court. Do you agree? See Brain Imaging Tests For Chronic Pain.

3. Mind Reading

4. A New You

If you had dementia, would you want people to lie to you to keep you happy? See The Comforting Fictions of Dementia Care.

5. Death or Life?

Nita Farahany, Henry Greely and 15 others provided an interesting analysis of the latest brain research.They explore the ethical limits of using human brain tissue in research. They identify three classes of brain surrogates that raise hard questions. First are organoids, 3D structures that can be built from stem cells. Second is ex vivo brain tissue, in which cells are taken from humans during medical treatment. Third are chimaeras, in which human cells are transferred into animal brains. What limits would you place on such technology?
Read their text here.

The New York Times reported on a new technique to improve the health of people who have suffered brain damage. Their patient suffered her injury 18 years ago, and post-injury had a much harder time reading, concentrating, and working, and also suffered from fatigue. The surgeon threaded two electrodes into her thalamus. It was critical for the doctors to place them precisely. The electrodes were attached to a device in the patient's chest that provided active current for 12 hours a day. The woman then scored better on tests and was much less fatigued. What do you think about such a procedure for the millions of people who have suffered brain injury? See Benedict Carey's article at Brain Damaged Woman. Carey then wrote a story about different electronic treatments for the brain. He mentioned this woman's story; E.C.T. (electroconvulsive therapy), an older system that sends seizure through the brain to decrease depression; D.B.S. (deep brain stimulation), an electrode that affects a specific region of the brain; or coupling different regions of the brain to work together. Neural. Are you optimistic or pessimistic about these discoveries?

Is it feminist or sexist to identify differences between male and female brains? Is it feminist to recognize that women's brains are different from men's brains, which is recognized now that researchers pay more attention to women's presence in health care? Or will women be harmed in a sexist manner if scientists find their brains are different from men's brains? You can read about that debate at Male and Female and Neurosexism.

6. Ethical Issues for Physicians in Punishment

6. What is the Practice of Medicine?

Read Dr. Fins' reflections on the death of Terry Wallis and the treatment of brain-injured patients. Do you agree with him? What should the future treatment of brain-injured patients look like? See Fins.



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