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684Conflicts among Multinational Ethical and Scientific Standards for Clinical Trials of Therapeutic InterventionsJournal of Law, Medicine and Ethics 40 (1): 99-121. 2012.There has been a growing concern over establishing norms that ensure the ethically acceptable and scientifically sound conduct of clinical trials. Among the leading norms internationally are the World Medical Association's Declaration of Helsinki, guidelines by the Council for International Organizations of Medical Sciences, the International Conference on Harmonization's standards for industry, and the CONSORT group's reporting norms, in addition to the influential U.S. Federal Common Rule, Foo…Read more
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243Intellectual property, state sovereignty, and biotechnologyKennedy Institute of Ethics Journal 20 (1). 2010.The issue of biopiracy has attracted considerable attention in recent years. The Convention on Biological Diversity adopted a principle of state sovereignty over biological resources and the genetic information contained within those resources to address this issue. It is argued that this principle has not been adequately justified and that there are other solutions to the issue of biopiracy, based on different theories of justice, that deserve greater consideration. These alternatives include t…Read more
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189Why settle for anything less than good old-fashioned aristotelian essentialismNoûs 7 (4): 351-365. 1973.
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170Life and death decision makingOxford University Press. 1988.Integrating theory with case studies, this book examines the practical application of moral theory in clinical decision-making through 40 composite cases based on actual clinical experience. Complex, realistic, and challenging, these examples contain the multiplicity of factors faced in clinical crises, making this a superb exploration of the ways in which theory relates to actual life-or-death situations.
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108The ethics of biomedical research: an international perspectiveOxford University Press. 1998.A broad critical review of national policies on biomedical research - human, epidemiologic, clinical trials, genetic, reproductive, etc.
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103Intuitions and Objective Moral KnowledgeThe Monist 62 (4): 446-456. 1979.Recent years have witnessed a proliferation of philosophical discussion about such concrete moral issues as just war, distribution of food aid, euthanasia, reverse discrimination, etc. Much of this discussion implicitly assumes that there are true and false positions on these issues, valid or invalid arguments for these positions, etc. Recent years have not witnessed, however, a proliferation of philosophical defenses of these assumptions. With the decline of metaethical discussions, these assum…Read more
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101Intellectual property and biotechnology: The european debateKennedy Institute of Ethics Journal 17 (2): 69-110. 2007.: The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has greatly impacted European debates about the patenting of biotechnology. This essay explores the European experience, in both the European Union and the European Patent Organization. It argues that there has been great confusion surrounding these issues primarily because the Europeans have not developed a general theory about when exclusion from patentability is …Read more
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94Redistribution Without EgalitarianismSocial Philosophy and Policy 1 (1): 71. 1983.I will, in this paper, set out the philosophical foundations and the basic structure of a new theory of justice. I will argue that both these foundations and the theory which is based upon them are intuitively attractive and theoretically sound. Finally, I will argue that both are supported by the fact that they lead to attractive implications such as the following: One can justify at least some governmental redistributive programs which presuppose that those receiving the wealth have a right to…Read more
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82Is Futility a Futile Concept?Journal of Medicine and Philosophy 20 (2): 123-144. 1995.This paper distinguishes four major types of futility (physiological, imminent demise, lethal condition, and qualitative) that have been advocated in the literature either in a patient dependent or a patient independent fashion. It proposes five criteria (precision, prospective, social acceptability, significant number, and non-agreement) that any definition of futility must satisfy if it is to serve as the basis for unilaterally limiting futile care. It then argues that none of the definitions …Read more
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75Pharmacogenetics: Ethical issues and policy optionsKennedy Institute of Ethics Journal 12 (1): 1-15. 2002.: Pharmacogenetics offers the prospect of an era of safer and more effective drugs, as well as more individualized use of drug therapies. Before the benefits of pharmacogenetics can be realized, the ethical issues that arise in research and clinical application of pharmacogenetic technologies must be addressed. The ethical issues raised by pharmacogenetics can be addressed under six headings: regulatory oversight, confidentiality and privacy, informed consent, availability of drugs, access, and …Read more
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71An impersonal theory of personal identityPhilosophical Studies 26 (5-6). 1974.In this paper, I defend the view that the identity of indiscernibles could serve as an adequate basis for a general theory of identity. I then show how a theory of essentialism forces one to modify that general theory. In light of both the original and modified theory, I offer a new resolution of some of the classical and contemporary problems of personal identity
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68Intellectual property and biotechnology: The U.s. Internal experience--part IKennedy Institute of Ethics Journal 16 (1): 1-37. 2006.: In the development of biotechnology in the United States, many questions were raised about the appropriateness of applying to this area a traditional robust system of intellectual property rights. Despite these hesitations, the U.S. rejected suggested modifications. This was a mistake, and there is a need to develop a modified system that promotes more of the relevant ethical values
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67Traditional knowledge and intellectual propertyKennedy Institute of Ethics Journal 20 (3): 231-249. 2010.In a recent article (Brody 2010), I analyzed the debates surrounding charges of biopiracy, that is, charges that developed countries use biotechnology patents to expropriate the biological/genetic heritage of less developed countries. Such charges often are accompanied by the additional charge that biotechnology patents are used to expropriate the traditional knowledge about the use of these resources possessed by indigenous communities in less developed countries. It is this second charge that …Read more
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67Kripke on proper namesIn A. French Peter, E. Uehling Theodore, Howard Jr & K. Wettstein (eds.), Contemporary Perspectives in the Philosophy of Language, University of Minnesota Press. pp. 64-69. 1979.Kripke has argued that proper names, as rigid designators, cannot be equivalent in meaning to definite descriptions. in this paper, i argue that definite descriptions are sometimes used rigidly and that proper names are equivalent to definite descriptions used rigidly
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64Freedom and responsibility in genetic testingSocial Philosophy and Policy 19 (2): 343-359. 2002.Public statements by various international groups emphasize that decisions to undergo genetic screening, either for disease-carrier status or for predisposition-to-disease status, and decisions about the use of the resulting information should be made voluntarily by the party to be screened. For example, the World Medical Association, in its Declaration on the Human Genome Project, says, “One should respect the will of persons screened and their right to decide about participation and about the …Read more
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57Is there a philosophical problem about the identity of substances?Philosophia 1 (1-2): 43-59. 1971.
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51Innovation in Human Research Protection: The AbioCor Artificial Heart TrialAmerican Journal of Bioethics 6 (5). 2006.Human clinical research has become a huge economic enterprise (Morin et al. 2002; Noah 2002). Because the human subject at the center can be so easily marginalized, many commentators recommend spec...
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