Forced organ donation: the presumed consent to organ donation laws of the various states and the United States Constitution

The issues presented in this Comment pertain to whether there are substantive limits imposed by the Fourteenth Amendment upon the state legislatures which would defeat the recent, tentative steps of many states to pass laws authorizing presumed consent to organ donation. The final and perhaps least effective presumed consent law creates a presumption of consent to organ donation. The potential organ donor makes the choice whether to donate or not during his lifetime. This form of the presumed consent law would probably have the least impact on increasing the number of available donor organs. It permitted the coroner to harvest the eyes and corneas of deceased individuals if the coroner was unaware of objections from either the decedent or the family of the decedent. Presumed consent statutes should be found unconstitutional because they infringe upon a family's property interest in a deceased relative's corpse. However, due to the family's property interest in a relative's deceased body, as set forth in the next section, the result is that presumed consent statutes are unconstitutional. In order to find the presumed consent law unconstitutional, the Court would have to find that either: (a) the Fourteenth Amendment's liberty component included the family's right to determine what happens to a relative's body after death, or (b) that the property component included a vested state law property interest in the dead body.     

Oocyte donation for reproduction and research cloning--the perils of commodification and the need for European and international regulation.

The demand for women's egg cells is increasing and is leading to reproductive tourism and transnational oocyte trafficking. The article considers the regulatory landscape of oocyte donation in Europe and analyses different types, particularly whether oocytes are provided within or outside of the IVF context, and whether anonymity of the donor is legally possible or not. The bifurcation between different purposes of egg extraction, particularly the challenges raised by ova demands for cloning research (SCNT) are highlighted. In emphasizing the need for supranational regulation, nine rules for supranational minimum standards are proposed to protect both donor interests and the public good. A particular focus is directed to the commodification of oocytes with regard to the European principle of non-commercial, voluntary and altruistic donation.     

Public and private regulation of organ transplantation: liver allocation and the final rule

The allocation of cadaveric organs for transplantation in the United States is governed by a process of private regulation. Through the Organ Procurement and Transplantation Network (OPTN), stakeholders and public representatives determine the substantive content of allocation rules. Between 1994 and 2000 the U.S. Department of Health and Human Services conducted a rule making to define more clearly the public and private roles in the determination of organ allocation policy. Several prominent liver transplant centers that were losing market share as a result of the proliferation of transplant centers used the rule making as a vehicle for challenging the local priority for organ allocation inherent in the OPTN rules. The process leading to the final rule provides a window on the politics of organ allocation. It also facilitates an assessment of the strengths and weaknesses of private rule making. Overall, private rule making appears to be relatively effective in tapping the technical expertise and tacit knowledge of stakeholders to allow for the adaptation of rules in the face of changing technology and information. However, the particular system of representation employed may give less influence to some stakeholders than they would have in public regulatory arenas, giving them an incentive to seek public rule making as a remedy for their persistent losses within the framework of private rule making.     

Protesting a perceived injustice: Sex discrimination and the restoration of equity

In this paper we propose a theoretical model that examines the relationship between resources and significant others in people's attempts to restore equity. Viewing the restoration of equity as a complex process, we integrate resource mobilization and equity arguments in order to better understand how people come to dispute and settle fair terms of exchange in allocative relationships. With individual-level data, we examine sex discrimination complaints and show that protest reactions against a perceived injustice are influenced by the level of resources a person controls. We find that the more resources a person controls, the better able she or he is in managing the protest and negotiation for equity. Further, resources also protect complainants from reprisals by the source of the inequity. These findings provide insight into the process by which people attempt to restore equity, and they suggest that the examination of real-life inequitable relations enhances our understanding of reactions to inequity.     

Fixed human tissues: a resource for the identification of individuals

Polymorphic genetic loci of the deoxyribonucleic acid (DNA) present in formalin-fixed, paraffin-embedded tissues were successfully analyzed by utilizing the polymerase chain reaction. Using this analysis, with three different polymorphic loci [human leucocyte antigen (HLA) DQ alpha, low-density lipoprotein receptor, and parathyroid hormone], fixed tissues representing 14 different individuals were genotyped and could be distinguished from each other. The techniques were further applied to the fixed autopsy tissues of a man in which a question of paternity arose postmortem. Since many individuals have surgical procedures or autopsy, these readily available fixed tissues represent an additional resource for the identification of individuals.