Choosing disability: preimplantation genetic diagnosis and negative enhancement

This article examines the unusual circumstance of what the author has tentatively termed "negative enhancement". This term is used to describe those instances where individuals seek to use preimplantation genetic diagnosis (PGD) to achieve outcomes that, commonly, are socially not preferred. In a recent survey by the Genetics and Public Policy Centre, it was found that 3% of IVF-PGD clinics in the United States reported having provided PGD to couples who seek to select an embryo for the presence of a particular disease or disability, such as deafness, in order that the child share the characteristic with the parents. The idea of "negative enhancement" is, therefore, both a paradox and a useful means to describe the hidden assumptions behind claims that enhancement technologies can only lead us in one direction -- towards a race of blond, blue-eyed, able-bodied, intellectually magnificent and athletically superior beings. In Australia there does appear to be a consensus that PGD should only be used to select against serious disability. This inevitably raises the question of how we define disability and who is best placed to make decisions about the kind of kin we want to create.     

Choosing between possible lives: legal and ethical issues in preimplantation genetic diagnosis

This article critically appraises the current legal scope of the principal applications of preimplantation genetic diagnosis (PGD). This relatively new technique, which is available to some parents undergoing in vitro fertilization (IVF) treatment, aims to ensure that a child is not born with a seemingly undesirable genetic condition. The question addressed here is whether there should be serious reasons to test for genetic conditions in embryos in order to be able to select between them. The Human Fertilisation and Embryology Authority and the Human Genetics Commission have decided that there should be such reasons by broadly aligning the criteria for PGD with those for selective abortion. This stance is critically explored, as are its implications for the possible use of PGD to select either against or for marginal features or for significant traits. The government is currently reviewing the legal scope and regulation of PGD.     

Embryonal genetic diagnosis and reproductive freedom in assisted procreation]

This article analyses the repercussions that the Preimplantational Genetic Diagnosis (PGD) has in the bioethical as well as legal fields in relation with the so-called "reproductive freedom" of the couple. Besides analysing the legal situation of this technique in Spain as well as other surrounding States, the article studies the problems associated with some scenarios of PGD, such as the use in the selection of sex, for therapeutic purposes for third parties, in relation with diseases of a possible late onset, multifactorial or of a variable phenotype expression and for the selection of embryos affected by a disease or disability. All are based on real clinical cases.     

BHB falls at the final hurdle (UK Court of Appeal)

In July 2005 the Court of Appeal allowed William Hill's appealagainst Laddie J's decision that the company infringed BHB'sdatabase right in pre-race data by publishing lists of horsesrunning in races on its website; the significance of this case,though, goes far beyond William Hill's website.     

The polymorphism of plasminogen (PLG) by ultrathin-layer isoelectric focusing. Distribution in the Veneto population (Italy)

The distribution of plasminogen phenotypes in the population of Veneto was investigated by ultrathin-layer isoelectric focusing. In our sample (n = 1325), the three common phenotypes PLG1, PLG2, PLG2-1 and two further phenotypes PLG1-V and PLG2-V were, observed and the following frequencies calculated: PLG1 = 0.84038; PLG2 = 0.15811; PLGV = 0.00151. These gene frequencies are compared to those found in other populations. Analysis of 41 mother-child pairs was in agreement with an autosomal codominant inheritance.     

Court Order No. 6 of the USSR Supreme Court Plenum,July 3, 1963 (Court Practice in Cases Involving Crimes by Minors)

The Communist Party and the Soviet government have always given major attention to the education of the rising generation for communism, and to eliminating neglect of minors and juvenile crime.     

Polymorphism of plasminogen in Tuscany (Italy)

The distribution of PLG phenotypes in the population of Tuscany (Central Italy) has been investigated by means of isoelectric focusing followed by immunofixation of desialyzed sera. In a random sample of 383 unrelated healthy blood donors registered at the Hospital of Pisa, three common phenotypes, PLG A, A-B, and B, and two rare variants were found. The allele frequencies calculated in our study were: PLG*A = 0.6749, PLG*B = 0.3225, and PLG*rare = 0.0026. The theoretical exclusion rate in cases of disputed paternity is 17.42%.     

A Detailed Cost Evaluation of a Juvenile Drug Court that Follows the Juvenile Drug Court Model (16 Strategies)

Although juvenile drug courts (JDCs) have now been in operation for 17 years, there is still no definitive appraisal as to this model's cost effectiveness and in particular, no detailed cost analysis of a JDC program following the 16 strategies until this one. The cost data presented in this paper build on the process and outcome evaluations performed on the Clackamas County Juvenile Drug Court (CCJDC). The criminal justice costs incurred by participants in drug court are compared with the costs incurred by eligible non‐participants. CCJDC participants had far more positive outcomes than those who did not participate in the program. In the two years after drug court entry, CCJDC participants cost the taxpayers $961 less per participant than similar individuals who did not attend the drug court program.     

Microgeographic genetic variation of Y chromosome in a population sample of Ravenna's area in the Emilia-Romagna region (North of Italy)

The analysis of the genetic structure of regions with a complex demographic history shed light on the various topographic, linguistic and historical influences which form the present genetic landscape of Europe. In the Emilia-Romagna region (North of Italy) Ravenna is a geographical area with a historical complex background: it was an important seaport on the Mediterranean sea, the capital of the Ostrogothic kingdom of Italy and the seat of the Byzantine governor of Italy. The purpose of this study was to investigate the microgeographic variation of Y chromosome haplotypes of the area of Ravenna by analyzing 17 Y-chromosome short tandem repeats (Y-STRs) in 122 unrelated males. 100% of all haplotypes were different. A comparison with neighbouring Italian as well as with European and Levante root populations was done by AMOVA and visualized by a phylogenetic tree. The two main haplogroups found in this area were R1b and E3b1. The results of the present study add to the data for the forensic databases and can be useful also for anthropological studies.     

Negotiated Case-ending Settlements: Ways of Speeding up the (Court) Process

The subject of this article is a special type of fast-tracked case-ending decisions called “negotiated case-ending settlements”. Those proceedings are based on a kind of agreement between the parties, end with a real conviction of the offender and their legal consequence is a true but mitigated punishment. They can be found in six of 11 countries studied, namely, in England & Wales, Croatia, France, Hungary, Poland and Spain. The English guilty plea procedures, the French appearance before a court after prior admission of guilt and the Polish prosecutor’s application for a conviction to be rendered without a trial as well as the voluntary submission to penalty are examined more closely here. The comparative study focuses on the stage, where the negotiation is made, the conditions for the use of these settlements and the PPS’s role therein.     

The Court Settles the Case!

The discussion of problems of legal defense, begun this year in the pages of LG, has produced a lively exchange of opinions and has touched on important questions of our criminal proceedings.     

The Totemic Authority of the Court

This article examines the place of the court within civil religion. It is argued that every civil religion is rooted in a magical anchor that in contemporary democratic civil religions is provided by the court. While in most institutions of civil religion totemic authority is represented, in court it is present. Therefore, court proceedings are occurrences of magic: they are performances (rituals and ceremonies) during which the sacred Thing is present. In court, the law itself and the clerical community to which it was entrusted assume the characteristics of the sacred Thing. The law appears under two facets: on the one hand, it is a norm and a word while, on the other hand, it is a Thing devoid of meaning and reason. Formalism is a magical mode of thinking that treats law as a timeless and meaningless Thing. In the course of the argument, the distinctions between ceremony and ritual, between social structure and communitas, and between religion and magic are reformulated, and the concepts of zone of familiarity and clerical community are laid out in a nutshell. This revised version was published online in July 2006 with corrections to the Cover Date.