•  62
    Any view of equipoise faces perhaps the most radical and far-reaching objections from moral foundations. These objections hold that the equipoise requirement conflates the ethics of medical research and the ethics of clinical medicine. Once this conflation is recognized, this position holds, research can be given a new foundation on the imperative to avoid exploiting research participants. This article argues that what is novel in this critique is not as successful as its proponents claim and th…Read more
  •  36
    To judge from the rash of recent law review articles, it is a miracle that research with human subjects in the U.S. continues to draw breath under the asphyxiating heel of the rent-seeking, creativity-stifling, jack-booted bureaucrethics that is the current system of research ethics oversight and review. Institutional Review Boards, sometimes called Research Ethics Committees, have been accused of perpetrating “probably the most widespread violation of the First Amendment in our nation's history…Read more
  •  32
    Cutting surgical practice at the joints: Individuating and assessing surgical procedures
    In Ethical Guidelines for innovative surgery, University Publishing Group. pp. 19-52
    in Angelique M. Rietsma and Jonathan D. Moreno eds., Ethical Guidelines for Innovative Surgery. (Hagerstown, MD: University Publishing Group) 19-52. [PDF].
  •  121
    Amenable to reason: Aristotle's rhetoric and the moral psychology of practical ethics
    Kennedy Institute of Ethics Journal 10 (4): 287-305. 2000.
    : An Aristotelian conception of practical ethics can be derived from the account of practical reasoning that Aristotle articulates in his Rhetoric and this has important implications for the way we understand the nature and limits of practical ethics. An important feature of this conception of practical ethics is its responsiveness to the complex ways in which agents form and maintain moral commitments, and this has important implications for the debate concerning methods of ethics in applied et…Read more
  •  14
    Beyond Access vs. Protection in Trials of Innovative Therapies
    with Jonathan Kimmelman and Marina Elena Emborg
  •  21
    The Structure of Clinical Translation: Efficiency, Information, and Ethics
    with Jonathan Kimmelman
    Hastings Center Report 45 (2): 27-39. 2015.
    The last two decades have witnessed a crescendo of allegations that clinical translation is rife with waste and inefficiency. Patient advocates argue that excessively demanding regulations delay access to life‐saving drugs, research funders claim that too much basic science languishes in academic laboratories, journal editors allege that biased reporting squanders public investment in biomedical research, and drug companies (and their critics) argue that far too much is expended in pharmaceutica…Read more
  •  29
    Launching Invasive, First-in-Human Trials Against Parkinson’s Disease: Ethical Considerations
    with Jonathan Kimmelman, Bernard Ravina, Tim Ramsay, Mark Bernstein, Alan Fine, Frank W. Stahnisch, and Marina Elena Emborg
    The decision to initiate invasive, first-in-human trials involving Parkinson’s disease presents a vexing ethical challenge. Such studies present significant surgical risks, and high degrees of uncertainty about intervention risks and biological effects. We argue that maintaining a favorable riskbenefit balance in such circumstances requires a higher than usual degree of confidence that protocols will lead to significant direct and/or social benefits. One critical way of promoting such confidence…Read more
  •  40
    Addressing ethical challenges in HIV prevention research with people who inject drugs
    with Liza Dawson, Steffanie A. Strathdee, Kathryn E. Lancaster, Robert Klitzman, Irving Hoffman, Scott Rose, and Jeremy Sugarman
    Journal of Medical Ethics Recent Issues 44 (3): 149-158. 2018.
    Despite recent advances in HIV prevention and treatment, high HIV incidence persists among people who inject drugs. Difficult legal and political environments and lack of services for PWID likely contribute to high HIV incidence. Some advocates question whether any HIV prevention research is ethically justified in settings where healthcare system fails to provide basic services to PWID and where implementation of research findings is fraught with political barriers. Ethical challenges in researc…Read more
  •  24
    First-in-human clinical trials represent a critical juncture in the translation of laboratory discoveries. However, because they involve the greatest degree of uncertainty at any point in the drug development process, their initiation is beset by a series of nettlesome ethical questions [1]: has clinical promise been sufficiently demonstrated in animals? Should trial access be restricted to patients with refractory disease? Should trials be viewed as therapeutic? Have researchers adequately mini…Read more
  •  23
    This paper presents a proof of concept for a graphical models approach to assessing the moral coherence and moral robustness of systems of social interactions. “Moral coherence” refers to the degree to which the rights and duties of agents within a system are effectively respected when agents in the system comply with the rights and duties that are recognized as in force for the relevant context of interaction. “Moral robustness” refers to the degree to which a system of social interaction is co…Read more
  •  178
    Although decision‐making algorithms are not new to medicine, the availability of vast stores of medical data, gains in computing power, and breakthroughs in machine learning are accelerating the pace of their development, expanding the range of questions they can address, and increasing their predictive power. In many cases, however, the most powerful machine learning techniques purchase diagnostic or predictive accuracy at the expense of our ability to access “the knowledge within the machine.”…Read more
  •  61
    Advance care planning refers to the process of determining how one wants to be cared for in the event that one is no longer competent to make one's own medical decisions. Some have argued that advance care plans often fail to be normatively binding on caretakers because those plans do not reflect the interests of patients once they enter an incompetent state. In this article, we argue that when the core medical ethical principles of respect for patient autonomy, honest and adequate disclosure of…Read more
  •  24
    Equipoise and the Criteria for Reasonable Action
    Journal of Law, Medicine and Ethics 34 (2): 441-450. 2006.
    Critics of clinical equipoise have long argued that it represents an overly permissive, and therefore morally unacceptable, mechanism for resolving the tensions inherent in clinical research. In particular, the equipoise requirement is often attacked on the grounds that it is not sufficiently responsive to the interests of individual patients. In this paper, we outline a view of equipoise that not only withstands a stronger version of this objection, which was recently articulated by Deborah Hel…Read more
  •  34
    Bringing science and advocacy together to address health needs of people who inject drugs
    with Liza Dawson, Steffanie A. Strathdee, Kathryn E. Lancaster, Robert Klitzman, Irving Hoffman, Scott Rose, and Jeremy Sugarman
    Journal of Medical Ethics 44 (3): 165-166. 2018.
    In crafting our paper on addressing the ethical challenges in HIV prevention research with people who inject drugs,1 we had hoped to stimulate further discussion and deliberation about the topic. We are pleased that three commentaries on our paper have begun this process.2 3 4 The commentaries rightly bring up important issues relating to community engagement and problems in translating research into practice in the fraught environments in which PWID face multiple risks. These risks include acqu…Read more
  •  47
    Bringing science and advocacy together to address health needs of people who inject drugs
    with Liza Dawson, Steffanie A. Strathdee, Kathryn E. Lancaster, Robert Klitzman, Irving Hoffman, Scott Rose, and Jeremy Sugarman
    Journal of Medical Ethics Recent Issues 44 (3): 165-166. 2018.
    In crafting our paper on addressing the ethical challenges in HIV prevention research with people who inject drugs, 1 we had hoped to stimulate further discussion and deliberation about the topic. We are pleased that three commentaries on our paper have begun this process. 2 3 4 The commentaries rightly bring up important issues relating to community engagement and problems in translating research into practice in the fraught environments in which PWID face multiple risks. These risks include ac…Read more
  •  39
    Addressing ethical challenges in HIV prevention research with people who inject drugs
    with Liza Dawson, Steffanie A. Strathdee, Kathryn E. Lancaster, Robert Klitzman, Irving Hoffman, Scott Rose, and Jeremy Sugarman
    Journal of Medical Ethics 44 (3): 149-158. 2018.
    Despite recent advances in HIV prevention and treatment, high HIV incidence persists among people who inject drugs. Difficult legal and political environments and lack of services for PWID likely contribute to high HIV incidence. Some advocates question whether any HIV prevention research is ethically justified in settings where healthcare system fails to provide basic services to PWID and where implementation of research findings is fraught with political barriers. Ethical challenges in researc…Read more
  •  22
    In this paper we distinguish two competing conceptions of dignity, one recognizably Hobbesian and one recognizably Kantian. We provide a formal model of how decision-makers committed to these conceptions of dignity might reason when engaged in an economic transaction that is not inherently insulting, but in which it is possible for the dignity of the agent to be called into question. This is a modified version of the ultimatum game. We then use this model to illustrate ways in which the Kantian …Read more
  •  98
    The Place of Philosophy in Bioethics Today
    with Jennifer Blumenthal-Barby, Sean Aas, Dan Brudney, Jessica Flanigan, S. Matthew Liao, Wayne Sumner, and Julian Savulescu
    American Journal of Bioethics 22 (12): 10-21. 2021.
    In some views, philosophy’s glory days in bioethics are over. While philosophers were especially important in the early days of the field, so the argument goes, the majority of the work in bioethics today involves the “simple” application of existing philosophical principles or concepts, as well as empirical work in bioethics. Here, we address this view head on and ask: What is the role of philosophy in bioethics today? This paper has three specific aims: (1) to respond to skeptics and make the …Read more
  •  12
    Solitary death and new lifestyles during and after COVID-19: wearable devices and public health ethics
    with Akira Akabayashi, Keiichiro Yamamoto, and Eisuke Nakazawa
    BMC Medical Ethics 22 (1): 1-10. 2021.
    BackgroundSolitary death (kodokushi) has recently become recognized as a social issue in Japan. The social isolation of older people leads to death without dignity. With the outbreak of COVID-19, efforts to eliminate solitary death need to be adjusted in line with changes in lifestyle and accompanying changes in social structure. Health monitoring services that utilize wearable devices may contribute to this end. Our goals are to outline how wearable devices might be used to (1) detect emergency…Read more
  •  37
    Ethical Considerations in the Conduct of Electronic Surveillance Research
    with Ashok J. Bharucha, David Barnard, Howard Wactlar, Mary Amanda Dew, and Charles F. Reynolds
    Journal of Law, Medicine and Ethics 34 (3): 611-619. 2006.
    The extant clinical literature indicates profound problems in the assessment, monitoring, and documentation of care in long-term care facilities. The lack of adequate resources to accommodate higher staff-to-resident ratios adds additional urgency to the goal of identifying more costeffective mechanisms to provide care oversight. The ever expanding array of electronic monitoring technologies in the clinical research arena demands a conceptual and pragmatic framework for the resolution of ethical…Read more