Donation of 'spare' fresh or frozen embryos to research: who decides that an embryo is 'spare' and how can we enhance the quality and protect the validity of consent?

This paper analyses elements of the legal process of consent to the donation of 'spare' embryos to research, including stem-cell research, and makes a recommendation intended to enhance the quality of that process, including on occasion by guarding against the invalidity of such consent. This is important in its own right and also so as to maximise the reproductive treatment options of couples engaged in in vitro fertilisation (IVF) treatment and to avoid possible harms to them. In Part 1, with reference to qualitative data from three UK IVF clinics, we explore the often delicate and contingent nature of what comes to be, for legal purposes, a 'spare' embryo. The way in which an embryo becomes 'spare', with its implications for the process of consent to donation to research, is not addressed in the relevant reports relating to or codes of practice governing the donation of embryos to research, which assume an unproblematic notion of the 'spare' embryo. Significantly, our analysis demonstrates that there is an important and previously unrecognised first stage in the donation of a 'spare' embryo to research, namely: consent to an embryo being 'spare' and so, at the same time, to its disuse in treatment. This is not explicitly covered by the Human Fertilisation and Embryology (HFE) Act 1990, as amended by the HFE Act 2008. Having identified this important initial stage in the process of consent to the donation of a 'spare' embryo to research in conclusion to Part 1, in Part 2 we analyse the idea of consent to an embryo's disuse in treatment on the basis that it is 'spare' with reference to the legal elements of consent, namely information as to nature and purpose, capacity, and voluntariness. We argue that there are in fact three related consent processes in play, of which the principal one concerns consent to an embryo's disuse in treatment. If the quality of this first consent is compromised, in turn this will impact on the quality of the consent to the donation of that 'spare' embryo to research, followed by the quality of consent to future cycles of assisted reproduction treatment in the event that these are needed as a result of a donation decision. The analysis overall is of central relevance to the debate as to whether, and if so when, it should be permissible to request the donation of fresh embryos for research, as opposed to those that have been frozen and, for instance, have reached the end of their statutory storage term. This has a particular bearing on the donation of embryos to stem-cell research since there is a debate as to whether fresh embryos are most useful for this.     

The Intersection of Intimate Partner Violence and Traumatic Brain Injury: A Call for Interdisciplinary Research

An emerging body of research suggests that survivors of intimate partner violence (IPV) are at a high risk for sustaining traumatic brain injury (TBI). However, most scholars and practitioners working on the problem of IPV have not examined how TBI could be related to their familiar subject of study. Concomitantly, little work in the brain injury field has been done to examine TBI in the context of IPV. In this paper, we encourage cross-collaboration among these fields. To that end, we consider the relationship between IPV and TBI; the difficulty in detecting and measuring the IPV-related TBI and ethical concerns that may arise when addressing this issue. Our work emphasizes the need to recognize the complex interplay among psycho-physiological health and socio-cultural contexts. As such, we present a socio-ecological perspective of IPV-related TBI to provide a contextual framework to guide future interdisciplinary research. Finally, we outline directions for future research.     

Old-age, survivors, and disability insurance and Supplemental Security Income for the aged, blind, and disabled; substantial gainful activity amounts; "services" for trial work period purposes--monthly amounts; student child earned income exclusion. Social Security Administration. Final rules

We are revising the rules to automatically adjust each year, based on any increases in the national average wage index, the average monthly earnings guideline we use to determine whether work done by persons with impairments other than blindness is substantial gainful activity; provide that we will ordinarily find that an employee whose average monthly earnings are not greater than the "primary substantial gainful activity amount," has not engaged in substantial gainful activity without considering other information beyond the employee's earnings; increase the minimum amount of monthly earnings and the minimum number of self-employed work hours in month that we consider shows that a person receiving title II Social Security benefits based on disability is performing or has performed "services" during a trial work period, and automatically adjust the earnings amount each year thereafter; increase the maximum monthly and yearly Student Earned Income Exclusion amounts we use in determining Supplemental Security Income (SSI) Program eligibility and payment amounts for student children, and automatically adjust the monthly and yearly exclusion amounts each year thereafter. We are revising these rules as part of our efforts to encourage individuals with disabilities to test their ability to work and keep working. We expect that these changes will provide greater incentives for many beneficiaries to attempt to work or, if already working, to continue to work or increase their work effort.     

The Causes and Consequences of Job-Related Stress among Prosecutors

Despite a growing body of literature documenting work stress among employees in various fields, there is a dearth of research that explicitly assesses the impact of different aspects of prosecutors’ working conditions on individual prosecutors and their organizations. Drawing on a sample of prosecutors in a southern state in the U.S., we first used OLS regression to examine which work-related stressors are important in predicting their levels of work stress, job satisfaction, and turnover intention. Using path analysis, we then explored the links between these stressors and a set of proposed mediating and outcome variables. We also conducted unstructured in-depth interviews with a subset of the sample to supplement and further illustrate the observed patterns. While job demands and organizational support play the most important roles in explaining the work stress of prosecutors, they do not have direct impact on the prosecutor’s commitment to the job. The roles played by psychological and emotional stressors are found to be negligible. Job-related stressors do not lead to turnover intention directly but indirectly through work stress and job satisfaction with a notable exception of the public/media stressor. This study provides a scientifically-based perspective regarding which working conditions should be addressed to maintain healthy and productive working environments among prosecutors.     

The deliveries cannot stop: Ecological (dis) advantages and socio-spatial safety tactics against predatory crimes among Brazilian couriers

In this article we discuss the reactions and responses of Brazilian motorcycle couriers (motoboys) to the risk of predatory crimes. We show that they work two simultaneous and overlapping “shifts”: the first involves carrying out their professional responsibilities, and the second, reducing the opportunities for victimization presented by those responsibilities. We analyse the socio-spatial tactics they adopt with a view to optimising security. These involve restricting their interactions and negotiations with neighbours and customers, as well as with criminals to guarantee that the deliveries are made and also to manage the various risks associated with working in different ecological areas. We explore the effect of these tactics on their activities, on labour relations and on attitudes to their customers in the delivery business. It concludes that both negotiation types point towards a process of expanding interactions, creating alternative distribution networks and seeking methods of protection against risks that cannot be overcome simply by the couriers protecting themselves.     

Contagious errors: Understanding and avoiding issues with imaging drives containing faulty sectors

When using certain tools to image drives that contain faulty sectors, the tool may fail to acquire a run of sectors even though only one of the sectors is really faulty. This phenomenon, which we have dubbed “contagious errors” was reported by James Lyle and Mark Wozar in a recent paper presented at DFRWS 2007 [Lyle, J., Wozar, M. Issues with imaging drives containing faulty sectors. Digital Investigation 2007;4S: S13–5.]. Their results agree with our own experience from testing disk imaging software as part of our work for the Swedish National Laboratory of Forensic Science.We have explored the issue further, in order to determine the cause of contagious errors and to find ways around the issue. In this paper we present our analysis of the cause of contagious errors as well as several ways practitioners can avoid the problem. In addition we present our insights into the problem of consistently faulty drives in forensic tool testing.     

Canada refuses to issue a visa to an HIV-positive worker on antiretroviral drugs

Citizenship and Immigration Canada has denied an application for a visa from an HIV-positive man even though he is in good health. The man was seeking to fill a two-year work term in Canada. The case raises concerns about Canada's immigration policies for people with HIV and about the ability of organizations working in AIDS to hire HIV-positive foreign workers.     

The problems and possibilities in regulating technological frontiers: the politics of the new anxiety?

The revolution in science, biotechnology and medicine of the past 30 years demands a revisitation of old institutional forms and responses, including those of law itself. Scientific citizenship requires that law develop a moral vision and vocabulary so that we shape the moral dimensions of the emergent bioeconomy. Chief among those in the field of biotechnology are technologies of human reproductive cloning, therapeutic cloning and stem cell research using human embryos. Where there are deep pluralist divisions is in relation to therapeutic cloning and embryonic stem cell research. Regulatory flexibility may be opportune in delimiting the extent to which government need stray into this realm of "moral politics". As Brownsword has written, an important developmental vector is what has become known in administrative and public law literature as the concept of "smart regulation". This concept is examined and an attempt to apply it to these fields is made. The enlarged nature of human action -- enlarged in magnitude, reach and novelty -- raises moral issues beyond interpersonal ethics and requires reflection; responsibility is centre stage and calls for lengthened foresight -- what has been called a "scientific futurology". This is also examined.     

Lessons from Morality-Based Social Identity: The Power of Outgroup “Hate,” Not Just Ingroup “Love”

Based on the unique features of morality, we suggest that group memberships rooted in moral convictions are a special classification of inherently threatening social groups in which outgroup “hate” naturally occurs with ingroup “love.” Three studies explored emotional reactions to ingroups and outgroups by individuals whose group memberships were either morality-based or non-morality-based. Results of each study indicated that individuals in morality-based groups reported less positive ingroup emotions and more negative outgroup emotions and threat than did those in non-morality-based groups. Additionally, strength of morality-based identification was predicted by attitudes about both the ingroup and the outgroup, but only attitudes about the ingroup predicted identification for non-morality-based groups. Together, these studies suggest a necessary interdependence of ingroup positivity and outgroup negativity for social groups based in morality. We conclude that negative outgroup-related emotions may be just as important as positive ingroup-related emotions for social identification based on moral convictions.     

Ready to leave the ivory tower?: Academic scientists’ appeal to work in the private sector

This study investigates the factors that shape the attitudes of scientists toward starting their own business or working in a private sector firm. The analysis is based on data collected from scientists working in the German Max Planck Society, a research institution devoted to basic science. We find that the scientists’ attractiveness of working in a private sector firm or of starting their own business differ considerably according to their academic discipline and the self-reported commercial potential of their research. The ability to take risks, prior work experience in private firms, and personal experience in cooperating with industry lead to a positive attitude towards switching to private sector employment or entrepreneurship. Strong willingness to freely distribute research findings is related to a low appeal of private sector work.     

A reflection on 30 years of complementary collaboration

This article, invited by the editors, provides us with an opportunity to reflect on a scholarly collaboration of more than 30 years. Looking backwards, we believe our success has come in part from the different backgrounds that we bring to our collaboration. It also comes from the fact that neither of us at the time we met was comfortable with the scholarly models that we were intellectually programmed to pursue in our individual careers. We discuss not only what our collaboration has produced, but also the pragmatic and serendipitous elements that have gone into working out and defining our research approach, and how that approach has changed in relation to the shifting scholarly context and related changes in the global political economy, our own ambitions, and opportunities and obstacles that have at times shifted our focus. Our individual and collective career trajectories also say something about the scholarly fields in which we have operated.     

Retributive and Inclusive Justice Goals and Forgiveness: The Influence of Motivational Values

Who is more likely to forgive, given that justice is important and motivating for people? In this article, we argue that the relation between justice and forgiveness depends on the type of justice involved; specifically, the goals of justice, i.e. retributive versus inclusive. We also explored the influence of motivational values on justice goals and forgiveness. Using data from 178 undergraduate psychology students who responded to measures of retributive and inclusive justice attitudes, forgiveness attitudes and dispositions, and values, we found support for our hypotheses that retributive justice goals are negatively related to forgiving attitudes and dispositions; inclusive justice goals are positively related to forgiveness; and benevolence and power values play the dominant role in predicting forgiveness. The results have implications for how the relation between justice and forgiveness is conceptualised and applied.     

Reconsidering Peer Influences on Delinquency: Do Less Proximate Contacts Matter?

Much research on adolescent delinquency pivots on the notion of peer influence. The peer effect that is typically employed emphasizes the transmission of behaviors and attitudes between adolescents who are directly linked. In this paper, we argue that to rely solely on those direct social ties to capture peer influence oversimplifies the realities of adolescent society. We use data from the National Longitudinal Study of Adolescent Health to show that indirect peer relations can exercise independent influences on adolescent delinquency. Adolescents actively draw on the examples of friends of friends, and even more distal peers, as they develop their repertoires of action and identity. We argue, however, that this behavior actually reflects adolescents’ ongoing struggle to impress their closest friends and to preserve their social circle. Indeed, the extent to which adolescents are willing to model the behavior of indirect contacts seems to decline as that behavior becomes more dissimilar from that of their close friends. Our findings dovetail with an account of the adolescent as a rational actor who struggles for social acceptance in a complex peer environment which offers conflicting behavioral models.

Desistance and Attitudes Towards Sex Offenders: Facilitation or Hindrance?

In an ideal world, there would be a seamless relationship between interventions that focus on risk factors causally associated with sexual reoffending and the subsequent release of, and ongoing support for, offenders into the community. However, emotionally fueled and uninformed public responses to news of released sex offenders, and the legislation such responses have inspired, severely hinder this process. Our aims in this paper are to review findings of research on community attitudes about sex offenders within a desistance framework. More specifically, we provide a synthesis of the current research literature on attitudes towards sex offenders. Second, we consider in more detail those studies that include community member samples. Third, we review interventions aimed at promoting attitude change amongst professionals working with sex offenders and finally formulate some recommendations for promoting positive attitude change amongst the general public.     

未决羁押者的劳动权保护:一个宪政维度的分析

在我国刑事诉讼实践中,未决羁押者被强迫劳动、超强度超时间劳动以及克扣劳动报酬等现象较为普遍,有些地方还相当严重.从宪政维度分析,劳动是未决羁押者的权利而非强制性义务;未决羁押者的劳动权是宪法意义上的劳动权而非劳动法意义上的劳动权利;未决羁押者的劳动权既不同于普通社会劳动者,也有别于已被定罪的囚犯,具有相当的特殊性.应当采取有效措施,完善未决羁押者的劳动权保护制度,以提升其整体的权利保障水平.     

Dealing with cryopreserved embryos upon divorce: a contractual approach aimed at preserving party expectations

The development of assisted reproductive technologies, including cryopreservation, or freezing, of embryos created through in vitro fertilization, has given rise to complex legal questions. Because cryopreservation permits indefinite storage of embryos, if couples fail to specify disposition directions, they may disagree regarding embryo treatment upon the occurrence of contingencies such as divorce. Few courts have resolved such disputes, and those that have appear to uphold the rights of the party seeking to prevent implantation in the absence of a written agreement specifying otherwise. In this Comment, Sara Petersen proposes that courts should draw upon contract law principles in determining whether the parties to such conflicts actually reached agreements regarding embryo disposition in the event of divorce. After analyzing existing precedent, the author assesses proposed approaches for deciding which party's interests should prevail and concludes that these methods are inherently ineffective. She then argues that, in an effort to preserve party expectations and to provide fair results, courts instead should examine whether the parties executed binding contracts or achieved mutual assent. Furthermore, she suggests that couples undergoing cryopreservation will be more likely to contemplate and to provide for various outcomes if they know that courts will look at evidence of their conversations and thought processes prior to cryopreserving their excess embryos.     

The bioethics and law paradox: an argument to maintain separateness with a hint of togetherness

This article analyses how bioethics and law interact and work together. The first half of the article provides definitions of both ethics and bioethics. The article then considers a number of different bioethical standpoints to demonstrate the variance of views in relation to bioethics. In addition, the first half of the article focuses on the different regulatory possibilities in regard to bioethical contexts. This demonstrates that law is of central importance to bioethics. This part also shows that even though law and ethics are often used simultaneously to achieve bioethical goals, law and ethics cannot be used interchangeably. Thus, even though it is somewhat inevitable that law will be used in the pursuit of the goals of bioethics, bioethics and bioethical principle should not be merely a vehicle for law-makers to utilise. The second half of the article focuses on the issues of autonomy and consent to demonstrate how law and ethics have developed in one of the foundation areas of bioethics.     

Examining the relationship between male rape myth acceptance, female rape myth acceptance, victim blame, homophobia, gender roles, and ambivalent sexism

The relationship between male rape myth acceptance, female rape myth acceptance, attitudes toward gay men, a series of gender role and sexism measures, victim blame and assault severity were investigated. It was predicted that men would display more negative, stereotypical attitudes than women and that male rape myth endorsement would be related to, and predicted by, the other attitude and attribution scales. Respondents comprised 323 undergraduates (146 males and 177 females) from a large University in the Northwest of England. Results broadly conformed to predictions, with men generally more negative than women, and male rape myth acceptance significantly related to female rape myth acceptance, negative attitudes about gay men, gender role attitudes, and victim blame. Furthermore, male rape myth acceptance was predicted by female rape myth acceptance, gender attitudes, and victim blame. Methodological issues and implications for future work and those working with victims are discussed.     

EMBRYO ADOPTION

With the rise of in vitro fertilization, society wrestles with a new dilemma—what is the destiny of all unused embryos? Although some suggest using the embryos for scientific research, others advocate giving them up for adoption. This article therefore explores the moral and legal issues surrounding embryo adoption, its advantages and disadvantages, and its impact on families. In comparing embryo adoption to traditional adoption, this article concludes that embryo adoption is an effective alternative.     

Non-Tracing Cases of Culpable Ignorance

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own right. An unusual but intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act.