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21Handle with Care: The WHO Report on Human Genome EditingHastings Center Report 52 (2): 10-14. 2022.Hastings Center Report, Volume 52, Issue 2, Page 10-14, March‐April 2022.
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49How to Regulate Medical Tourism (and Why It Matters for Bioethics)Developing World Bioethics 12 (1): 9-20. 2012.A growing literature examines descriptive and normative questions about medical tourism such as: How does it operate? What are its effects? Are home country patients or their governments failing in moral duties by engaging in or permitting medical tourism?By contrast, much less has been written on the regulatory dimension: What might be done about medical tourism if we were convinced that it posed ethical issues and were motivated to act? I shall argue that this kind of regulatory analysis is es…Read more
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35Gene Editing Sperm and Eggs (not Embryos): Does it Make a Legal or Ethical Difference?Journal of Law, Medicine and Ethics 48 (3): 619-621. 2020.
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76Fetal Pain, Abortion, Viability, and the ConstitutionJournal of Law, Medicine and Ethics 39 (2): 235-242. 2011.In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine and note difficulties presented by persistent legal attention to a socially derived viability construct. We then offer a substantive biological, ethical, and legal critique of the new fetal pain rationale
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19Embryo Disposition Disputes: Controversies and Case LawHastings Center Report 46 (4): 13-19. 2016.When prospective parents use in vitro fertilization, many of them hope to generate more embryos than they intend to implant immediately. The technology often requires multiple attempts to reach a successful pregnancy, and couples can cryopreserve any excess embryos so that they have them on hand for later attempts. As part of obtaining informed consent for IVF or cryopreservation, clinics typically ask patients to specify their preferences for the embryos in the event of divorce or death, offeri…Read more
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25Complexifying Commodification, Consumption, ART, and AbortionJournal of Law, Medicine and Ethics 43 (2): 307-311. 2015.This commentary on Madeira's paper complicates the relationships between commodification, consumption, abortion, and assisted reproductive technologies she draws in two ways. First, I examine under what conditions the commodification of ARTs, gametes, and surrogacy lead to patients becoming consumers. Second, I show that there are some stark difference between applying commodification critiques to ART versus abortion.
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19Transplant Tourism: The Ethics and Regulation of International Markets for OrgansJournal of Law, Medicine and Ethics 41 (1): 269-285. 2013.“Medical Tourism” is the travel of residents of one country to another country for treatment. In this article I focus on travel abroad to purchase organs for transplant, what I will call “Transplant Tourism.” With the exception of Iran, organ sale is illegal across the globe, but many destination countries have thriving black markets, either due to their willful failure to police the practice or more good faith lack of resources to detect it. I focus on the sale of kidneys, the most common subje…Read more
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41Artificial Wombs and Abortion RightsHastings Center Report 47 (4). 2017.In a study published in late April in Nature Communications, the authors were able to sustain 105- to 115-day-old premature lamb fetuses—whose level of development was comparable to that of a twenty-three-week-old human fetus—for four weeks in an artificial womb, enabling the lambs to develop in a way that paralleled age-matched controls. The oldest lamb of the set, more than a year old at the time the paper came out, appeared completely normal. This kind of research brings us one step closer to…Read more
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10A Response to The Flaw in Formalist Accounts of Circumvention TourismJournal of Law, Medicine and Ethics 50 (3): 566-568. 2022.It is a huge pleasure to engage with Prof. Shaw’s careful and close reading of my article. Though almost a decade old, many of the issues are becoming only more relevant as it seems that Roe v Wade will be overruled in the U.S. and travel for abortion will become a sad reality.1 I appreciate how deeply Prof. Shaw interacts with my article and am full of praise for his work, but given the small space allocated here I only focus on our few places of disagreement.
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23A Proposal to Address NFL Club Doctors’ Conflicts of Interest and to Promote Player TrustHastings Center Report 46 (S2): 2-24. 2016.How can we ensure that players in the National Football League receive excellent health care they can trust from providers who are as free from conflicts of interest as realistically possible? NFL players typically receive care from the club's own medical staff. Club doctors are clearly important stakeholders in player health. They diagnose and treat players for a variety of ailments, physical and mental, while making recommendations to the player concerning those ailments. At the same time, clu…Read more
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25American Journal of Law & Medicine and Harvard Law & Health Care SocietyJournal of Law, Medicine and Ethics 28 (3): 305-307. 2000.
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18This Is Your Brain on Human Rights: Moral Enhancement and Human RightsThe Law and Ethics of Human Rights 9 (1): 1-41. 2015.
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18A Fuller Picture of Organ MarketsAmerican Journal of Bioethics 14 (10): 19-21. 2014.No abstract
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43Review of Paul Knoepfler, GMO Sapiens: The Life-Changing Science of Designer Babies (review)American Journal of Bioethics 16 (9): 1-3. 2016.
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39Prohibiting Anonymous Sperm Donation and the Child Welfare ErrorHastings Center Report 41 (5): 13-14. 2011.Should anonymous sperm “donation”—a misnomer, since sperm is usually purchased—be permitted? A number of countries, including Sweden, Austria, Germany, Switzerland, the Netherlands, Norway, New Zealand, and several Australian states, have answered no.1 The United Kingdom recently joined this list, instituting a system whereby new sperm (and egg) donors must put information into a registry, and a donor-conceived child “is entitled to request and receive their donor’s name and last known address, …Read more
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29Of Modest Proposals and Non-Identity: A Comment on the Right to Know Your Genetic ParentsAmerican Journal of Bioethics 13 (5): 45-47. 2013.No abstract
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10Making Residency Work Hour Rules WorkJournal of Law, Medicine and Ethics 41 (1): 310-314. 2013.Over the past decade, a series of studies have found that physicians-in-training who work extended shifts are at increased risk of experiencing motor vehicle crashes, needlestick injuries, and medical errors. In response to public concerns and a request from Congress, the Institute of Medicine conducted an inquiry into the issue and concluded in 2009 that resident physicians should not work for more than 16 consecutive hours without sleep. They further recommended that the Centers for Medicare &…Read more
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13Legal and Ethical Issues in the Report Heritable Human Genome EditingHastings Center Report 51 (3): 8-12. 2021.This essay discusses the new report, Heritable Human Genome Editing, by the National Academy of Medicine, the National Academy of Sciences, and the Royal Society. After summarizing the report, we argue that the report takes four quite bold steps away from prior reports, namely (1) rejecting an omnibus approach to heritable human genome editing (HHGE) in favor of a case‐by‐case analysis of possible uses of HHGE, accepting that HHGE is acceptable in some cases; (2) recognizing that the interest in…Read more
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25Fetal Pain, Abortion, Viability, and the ConstitutionJournal of Law, Medicine and Ethics 39 (2): 235-242. 2011.On April 13, 2010, Nebraska enacted a new state ban on abortion in the Pain-Capable Unborn Child Protection Act that ha caught the attention of many on both sides of the abortion debate, and has inspired other states to attempt similar measures. The statute requires the referring or abortion-providing physician to make a “determination of the probable postfertilization age of the unborn child” and makes it illegal to induce or attempt to perform or induce an abortion upon a woman when the “proba…Read more
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30A Response to CommentariesHastings Center Report 46 (S2): 45-48. 2016.Our article “NFL Player Health Care: Addressing Club Doctors’ Conflicts of Interests and Promoting Player Trust” focused on an inherent structural conflict that faces club doctors in the National Football League. The conflict stems from club doctors’ dual role of providing medical care to players and providing strategic advice to clubs. We recommended assigning these roles to different individuals, with the medical staff members who are responsible for providing player care being chosen and subj…Read more
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132Are All Abortions Equal? Should There Be Exceptions to the Criminalization of Abortion for Rape and Incest?Journal of Law, Medicine and Ethics 43 (1): 87-104. 2015.Politics, public discourse, and legislation restricting abortion has settled on a moderate orthodoxy: restrict abortion, but leave exceptions for pregnancies that result from rape and incest. I challenge that consensus and suggest it may be much harder to defend than those who support the compromise think. From both Pro-Life and Pro-Choice perspectives, there are good reasons to treat all abortions as equal
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23The Lumbering Crawl Toward Human Germline EditingJournal of Law, Medicine and Ethics 46 (4): 1010-1012. 2018.
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73Editing the Genome of the Human Germline: May Cool Heads PrevailAmerican Journal of Bioethics 15 (12): 40-42. 2015.
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17Commentary on ‘Gestation, Equality and Freedom: Ectogenesis as a Political Perspective’Journal of Medical Ethics 46 (2): 87-88. 2020.It is a pleasure to comment on Giulia Cavaliere’s ‘ Gestation, Equality and Freedom: Ectogenesis as a Political Perspective’ in what one might say is ‘enthusiastic disagreement’. The enthusiastic part is because the article is deserving of much praise for adding an important feminist and political theoretical perspective on ectogenesis. The disagreement may come more from disciplinary differences or disposition. As I understand her argument, Cavaliere intends to attack two common arguments in fa…Read more