The status of the extracorporeal embryo in German law (Part I).

The legislator, in the German Federal Republic, has opted for a specific legal solution in relation to the protection of the embryo. Carola Müller, in this article, describes this regulation as well as the reasons that have led to its adoption. The article finishes with an exposition of the existing social discussion in German society and the effect that the law has had.     

The status of the extracorporeal embryo in German law (part. II).

The legislator, in the German Federal Republic, has opted for a specific legal solution in relation to the protection of the embryo. Carola Müller, in this article, describes this regulation as well as the reasons that have led to its adoption. The article finishes with an exposition of the existing social discussion in German society and the effect that the law has had.     

Ambiguity of the embryo protection in the Human Rights and Biomedicine Convention: experiences from the Nordic countries

Until 1998 research on in vitro human embryos concentrated on the issues related to assisted reproduction. The situation changed dramatically when the first scientific report on the laboratory culture of human embryonic stem cells was published. This scientific breakthrough with new therapeutic promises put human embryo into a new, more vulnerable position. Combined with creation of embryos via somatic cell nuclear transfer, it inveigles into mass production of embryos, first for scientific purposes, but later perhaps for the healing of people. This article examines the efficacy of the Convention on Human Rights and Biomedicine in protecting embryos in this new era of embryo research. The interpretative latitude of Article 18 of the Convention is demonstrated, and legislation in three Nordic countries with highly variable approach to embryo research regulation is analysed. I examine how this divergence is possible in the light of the Convention text. In the end, potential reasons for variation in regulation in the otherwise similar Nordic countries are discussed, as well as under what conditions harmonisation of regulation on embryo research, a highly value-charged matter, could be possible at the European level.     

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.     

Totipotent, pluripotent or unipotent stem cells: a complex regulatory enigma and fascinating biology

The search for sources of human stem cells has become a controversial topic from an ethical point of view primarily as it has required the destruction of human embryos. The development of alternative techniques that enable the generation of pluripotent stem cells from adult cells has opened new avenues of research but the generation of such cells has again been controversial since it requires the use of human eggs, using a technique called somatic cell nuclear transfer. Since the cells so generated have a very small potential to generate an "embryo" and since the production of the cell lines requires destruction of that "embryo", a further ethical issue arises. This article discusses these issues and suggests a framework that may assist their consideration. Finally, the article reviews some recent developments that have the potential to remove the need for the use of eggs or embryos in the generation of stem cell lines and highlights the danger of developing legislation on only our current knowledge.     

No small matter for some: practitioners' views on the moral status and treatment of human embryos

In this paper, we discuss findings from two studies designed to access and analyse the beliefs, attitudes, and behaviours of health-care professionals and scientists working in morally contested fields of biomedicine that involve the embryo. We seek to support the view that the embryo typically 'matters' to the people we interviewed and whose work we observed, even though it is impossible for them to agree in terms of why that is, and even though their work is of the type to which the moral guardians of the embryo object. In the first part of this paper, we touch on the policy and legal position in relation to embryos, noting Margot Brazier's account of the development of the relevant regulation in the UK and the importance of her claim that the embryo is widely thought to have an important symbolic value. We then turn to explore some of the views, attitudes, and work practices of those whose work involves the embryo, whether that be in relation to fertility treatment services, including IVF and PGD, or research that uses embryos. Our discussion shows the extent to which the embryo typically matters, in various ways, to those working in these fields.     

Use of Embryos Extracted from Individual Cannabis sativa Seeds for Genetic Studies and Forensic Applications

Legal limits on the psychoactive tetrahydrocannabinol (THC) content in Cannabis sativa plants have complicated genetic and forensic studies in this species. However, Cannabis seeds present very low THC levels. We developed a method for embryo extraction from seeds and an improved protocol for DNA extraction and tested this method in four hemp and six marijuana varieties. This embryo extraction method enabled the recovery of diploid embryos from individual seeds. An improved DNA extraction protocol (CTAB3) was used to obtain DNA from individual embryos at a concentration and quality similar to DNA extracted from leaves. DNA extracted from embryos was used for SSR molecular characterization in individuals from the 10 varieties. A unique molecular profile for each individual was obtained, and a clear differentiation between hemp and marijuana varieties was observed. The combined embryo extraction–DNA extraction methodology and the new highly polymorphic SSR markers facilitate genetic and forensic studies in Cannabis.     

The legal concept of personhood in Colombia: are there biological reasons to change it?]

Nowadays, as a consequence of scientific advances in embryology, genetics and assisted reproduction techniques, the scientific community ask for new laws to establish new parameters to use with these recent discoveries. Discoveries that have changed the legal concept of "person". In many countries this concept is absolutely useless when facing new techniques such as cloning, stem cell research and embryo storage. That is why it is necessary to change its definition to guarantee the right to life and give a better protection to human embryos.     

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 Evans case and the right not to be forced to reproduce]

The article analyses the ruling of the European Court of Human Rights, Evans v. United Kingdom, of March 7, 2006 (application no. 6339/05) from the perspective of the nature and the effects of a consent together with the conservation and disposal of cryopreserved embryos. Several prevailing normative models are studied in order to look at the disposal of embryos and to test its legal consistency. As a conclusion and basing it on the Evans case, there is a proposition to distinguish between the acts of disposal of spare embryos from IVF programs and the deposit of embryos as a way to prevent lack of fertility.     

胚胎的法律属性及其处置规则刍议简

随着人工辅助生育技术的日益普及,实践中出现了一些涉及胚胎的法律问题,问题的解决需要首先厘清胚胎的法律属性,再确定胚胎的处置规则。本文在分析相应法律规范、制度、案例的基础上,结合比较法和实践研究,对以上问题进行初步探讨,提出了胚胎的法律定位应界定为＂中介＂,在处置规则上应考虑生育行为的社会属性、未成年人利益及利益均衡,以不允许单方处置为原则。     

The Regulation of Telecommunications in the Czech Republic

Abstract:   Since the fundamental upheaval of the political, social, and economic climate of the Czech Republic in 1989 successive governments have striven hard to develop a functioning market economy in which investors, both domestic and foreign, enjoy sufficient stability and legal certainty in which to thrive. The rapid development of the telecommunications sector was to act as a catalyst for the general improvement of the entire national economy, whilst at the same time helping the country to meet its policy goal of creating the conditions precedent to its successful integration into the European Union. The purpose of this article is to trace the progress of the Czech telecommunications market to date and to assess the regulatory framework adopted by the Czech government in light of its stated policy goals. After giving a brief history of the development of the market and the corresponding development of a regulatory régime this article shall turn to examine the current legal position after the adoption of the recent Law on which came into force on 1 July 2000. As well as suggesting necessary modifications and amendments due to certain flaws or omissions in the Act, modifications arising from the adoption by the EU of its new regulatory framework for communications shall also be suggested.     

Adapting Adoption: A Case of Closet Politics?

The Adoption and Children Act 2002 addressed problems of delayin the adoption process, particularly with regard to childrenlooked after in the care system. This article reviews the backgroundto the Act and considers critically its emphasis on administrativereform. While the problem of delay was addressed mainly in administrativeterms, the issue could not be entirely separated from politicaldebate. In the lead-up to the Act political controversy centredon racial matching; during its passage, it focused on the legalizationof same-sex adoption. The Government effectively diffused oppositionon both counts through its emphasis on pragmatic reform to promotethe welfare of the child. The article characterizes this approachas ‘closet politics’ and suggests that such pragmatismmay exact a price in terms of implementation. The failure toaddress or resolve underlying issues of principle may mean thatlegislative change has only a limited effect on professionalpractice and public prejudice.     

论广东贩毒犯罪案件的特点及查缉对策

由于广东所处的特殊地理位置和特定的社会经济环境,改革开放以来贩毒犯罪案件较为突出。为了有效地侦查贩毒案件,本文具体分析了贩毒犯罪案件的一些特点,并在此基础上提出缉毒的具体侦查对策。     

The Lockhart Review: where now for Australia?

In 2005 a Legislation Review Committee, known as the Lockhart Review, undertook a review of the Commonwealth legislation regulating human embryo research. The report that emanated from the review was released in December 2005. If the report recommendations are implemented by the Federal Government, Australian scientists will be permitted to create human embryo entities currently known as "human embryo clones" by the process known as somatic cell nuclear transfer to develop stem cell lines for research purposes. Many argue that stem cells have the potential to be developed into valuable medical therapies that could assist with, or cure, serious diseases such as Type 1 diabetes and Parkinson's disease. This article analyses the evidence presented to the Lockhart Review and the report recommendations. It assesses where the Lockhart recommendations would place Australia in terms of worldwide embryo research. It is argued that the Federal Government should fully embrace the recommendations so that Australia can progress stem cell research to its fullest potential.     

The who, what, and why of risk adjustment: a technology on the cusp of adoption

Risk adjustment (RA) consists of a series of techniques that account for the health status of patients when predicting or explaining costs of health care for defined populations or for evaluating retrospectively the performance of providers who care for them. Although the federal government seems to have settled on an approach to RA for Medicare Advantage programs, adoption and implementation of RA techniques elsewhere have proceeded much more slowly than was anticipated. This article examines factors affecting the adoption and use of RA outside the Medicare program using case studies in six U.S. health care markets (Baltimore, Seattle, Denver, Cleveland, Phoenix, and Atlanta) as of 2001. We found that for purchasing decisions, RA was used exclusively by public agencies. In the private sector, use of risk adjustment was uncommon and scattered and assumed informal and unexpected forms. The most common private sector use of RA was by health plans, which occasionally employed RA in negotiations with purchasers or to allocate resources internally among providers. The article uses classic technology diffusion theory to explain the adoption and use of RA in these six markets and derives lessons for health policy generally and for the future of RA in particular. For health policy generally, the differing experiences of public and private actors with RA serve as markers of the divergent paths that public and private health care sectors are pursuing with respect to managed care and risk sharing. For the future of RA in particular, its history suggests the need for health service researchers to consider barriers to use adoption and new analytic technologies as they develop them.     

EU Excise Duties and Section 90 of the Australian Constitution

The constitutionalisation of the EU has been not without its challenges. However, putting aside the apparent political difficulties of the constitutional process, this article argues that, because the further constitutionalisation of the EU depends on its ability to assimilate some features of a federal state, there are, at least, two reasons why the EU is not yet ready for its constitutionalisation. The first reason is that its excise duty system, which permits discriminatory and protectionist behaviour by Member States, prevents the EU from achieving its fundamental objective of an internal market. The second reason is the EU's budget, which is so small that it is doubtful whether the EU will survive its continuing enlargement. As a solution to this problem, this article introduces section 90 of the Australian Constitution, which provides the Commonwealth of Australia with the exclusive power to levy excise duties. The article argues that the adoption, by the EU, of a similar fiscal arrangement would remove the discriminatory and protectionist operation of its excise duty system and help enlarge the size of the EU's budget by providing it with a self‐ financing mechanism.     

Embryonic stem cell research: one small step for science or one giant leap back for mankind?

At the forefront of modern debate over the ethical use of biotechnology is embryonic stem cell research. In this poignant analysis of its legitimacy, the author examines the history of this research in light of the United States' policy favoring the protection of human beings over scientific progress. Stem cells, which can divide in culture to create specialized cells in the human body, possess significant potential for curing disease, particularly when taken from human embryos. However, as evidenced by the research atrocities committed under the Nazi regime, the benefits of human research do not come without a cost to humanity. Recognizing this, the later trial of these scientists produced the Nuremberg Code, a set of natural law principles guiding future research on humans that continues to influence health policy decisions. Drawing on this background, the author first considers the appropriate legal status for a human embryo. Biologically, the characteristics of a human embryo place it between human tissue and a constitutional person. Judicially, the answer is even less clear. The author analyzes case law in the context of abortion and in vitro fertilization, as well as classifications by the common law, state legislation, and the National Bioethics Advisory Commission, to conclude that a human embryo should be subject to the same legal and ethical restrictions as any other "human subject." Accordingly, the author argues that embryonic stem cell research violates the ethical standards and purposes of the Nuremberg Code and should be banned by federal legislation. Such a prohibition will fulfill the societal policy choice of protecting potential life and vulnerable human subjects.     

COGNITIVE DEVELOPMENTAL THEORY: A Basis for Juvenile Correctional Reform?

Cognitive developmental theory has been increasingly offered as on explanation for lawbreaking. The theory suggests that lawbreaking results from individuals not having sufficiently developed reasoning abilities to resolve moral dilemmas, specificially those involving illegal acts. This article reports on on original test of the association between reasoning and law-breaking and addresses shortcomings of prior research. The article concludes that although the theory has been recommended and used as a basis for program design, there is little evidence to suggest that reasoning is, indeed, related to lawbreaking. Since ideological appeal of the theory may result in its adoption in program settings, continued empirical testing of hy-potheses derived from the theory is of considerable importance.     

Recent developments in the transracial adoption debate.

This article places the controversy over transracial adoption (TRA) in its historical context and analyzes recent developments in the law governing TRA policy. Because unfounded "authority" from the field of mental health infuses current debate, the authors alert psychiatrists to two powerful forces that improperly influence today's legal arena: community preference for same-race families and biased professional norms of mental health professionals.