Organ harvests from the legally incompetent: an argument against compelled altruism

Organ transplants may offer the best hope of long term survival for individuals afflicted with certain cancers or other debilitating diseases. The hope that a transplant may inspire in an organ recipient should not, however, be the determinative factor when the proposed source of the organ is incompetent. Competent adults are not compelled to act altruistically by undergoing a surgical invasion for the benefit of third parties. Children and mentally incompetent adults should likewise be protected from such compelled altruism. Case by case adjudication of petitions to harvest organs from incompetents are inevitably driven by a concern for the recipient and an unwarranted deference to parental authority, and not by concerns for the autonomy and well being of the incompetent donor. This Note argues that organ harvests from legal incompetents should be statutorily prohibited.     

Not in my back yard: control of Irish Travellers by paramilitaries and vigilantes across the island of Ireland

This article concerns control of Irish Travellers by paramilitaries and vigilantes. The main issues explored here relate to theories of deviance and debates as to the power of the ‘established’ over those regarded as outsiders. The topic of dangerisation is also considered. Across the island of Ireland, the accommodation needs of Irish Travellers have been largely overlooked by both governments. Amidst a wholesale failure to provide adequate accommodation, including transient sites which would permit nomadic Irish Travellers to continue to be so, harsh anti-trespass laws have recently been sanctioned. However, despite these recent anti-trespass laws and no doubt due to the failure to provide accommodation, across the island illegal encampments remain common. Thus, a failure of the public system is evident. As such, this article demonstrates how, in turn, this failure may encourage vigilantes to adopt self-help private violence as moral action against ‘deviant’ Travellers, whilst self-justifying their actions in comparison to the violence exhibited by, and, that inherent to, state sanctioned law.     

商业化基因检测的法律规制

商业化基因检测有别于医疗服务行为,是主要面对消费者提供的检测服务.由于其发展较快,行业内未形成规范化的标准,使得检测市场较为混乱.介绍了商业化基因检测的现状和问题,论述了对商业化基因检测加以规制的必要性并提出了相关的对策建议.     

Implications of genetic testing: discrimination in life insurance and future directions

This article examines the possibility of genetic discrimination in life insurance and discusses the inability of current Australian legislation to deal adequately with genetic test result information. Genetic information has certain features that distinguish it from other medical information and thus a specialist legislative package is required to regulate its use. This article outlines how current practices in the life insurance industry are inconsistent with notions of human rights. Several legislative options are suggested and examined. Given the negative and damaging impact that adverse selection is likely to have on the life insurance industry should the use of all genetic test results be prohibited, an approach which modifies the current regime is recommended. This includes a comprehensive review scheme and the introduction of additional insurance products tailored to individuals suffering from various genetic illnesses or predispositions to future disease.     

母血浆中胎儿游离核酸与无创性产前亲子鉴定

近年来,涉及胎儿亲权鉴定的案例逐渐增多。传统胎儿产前亲权鉴定常需有创性取样,故存在一定的风险。母血浆中胎儿游离核酸的发现,给无创性产前亲权鉴定带来了新的契机。本文主要就母血浆中胎儿游离核酸及其在无创性产前亲权鉴定中的应用价值和前景进行简要介绍。