Work commitment in the legal profession: a study of Baby Boomers and Generation Xers

Growing attention is being paid to the generational differences in the work orientations of professionals, particularly among Baby Boomers and Generation Xers. It is suggested that the role that work plays in one's life is the most significant generational difference, where Generation Xers are viewed as less committed to work, careers and employers than Baby Boomers. Most of this literature however is supported at best by anecdotal evidence rather than empirical data. This paper empirically addresses two questions: (1) are Generation X lawyers less committed to their work than Baby Boomer lawyers?; and (2) do the factors related to work commitment differ for Generation X lawyers and Baby Boomer lawyers? The regression results show there is no significant generational difference in work commitment. The generations do differ in the factors that are related to their work commitment however. Work effort and extrinsic rewards are generally more highly related to Baby Boomers' commitment and intrinsic rewards to Generation Xers' work commitment.     

A Comparative Study of Children and Adult Homicide Rates in the USA and the Major Western Countries 1974–1999: Grounds for Concern?

The aim of this study is to examine the changing patterns of child homicide in the USA and the other 9 major Western countries between 1974 and 1999. On the basis of standardized WHO mortality data, 5-year mean rates of Baby (<1 year), Infant (1–4), Child (5–14), and General Population Rates for Homicide (GPRH) were analyzed for 1974–78 and 1995–99 for the USA and major Western countries. The analysis provided ratios of change for children's homicide between 1974 and 1999 and ratio of ratios between adult' and children's homicide. Over the period USA male Baby homicide rose by 78% and Females 44% with a combined rise in All Children [0–14] homicides of 45%, within the context of a declining adult GPRH. In the 1970s, 3 major Western countries had either higher or similar children's homicide rates to the USA, but by the late 1990s none did. Moreover, between 1974 and 1999, the USA had the biggest rise in Baby (<1) and All Children's deaths, and only France had substantial increases, whereas Baby homicide rates fell significantly in 6 other countries. The findings indicate a worrying deterioration in U.S. child homicides. Possible links with child abuse and explanations for the results are briefly discussed. Urgent case-specific research is required to determine the cause/s for and how to reverse the worsening child homicide situation in the USA.     

Making decisions for the severely handicapped newborn

Standard ethical approaches to decision-making which are based on rights, duties, obligations, beneficence, or best interests often seem inadequate or insufficient when applied to the individual infant, as in the case of Baby Jane Doe. A process approach which takes account of moral theory, but which allows tolerance, within limits, for a possible range of decisions, would appear to offer more reasonable decisions. However, any decision must be based on good facts and accurate prognosis. Pending the availability of medical records on Baby Jane Doe, judgment of the decisions made at Stony Brook must be suspended.     

The antiabortion movement and Baby Jane Doe

In the early 1980s, the leadership of the antiabortion movement became involved in a campaign to establish legal rights to extraordinary medical care for seriously handicapped newborns. Armed with political contacts in the Reagan administration and Congress, and allied with advocates for the disabled, the antiabortion movement searched for a test case to guide through the courts. Antiabortion advocate Lawrence Washburn found such a case in Baby Jane Doe, who was being treated at Stony Brook Medical Center. The movement went on to amend the Child Abuse Act to include protections for handicapped newborns. Activists in the movement chose the issue of Baby Jane Doe because they believed it would attract welcome publicity, give them the appearance of supporting civil rights, and enhance their argument as to the legal rights of the fetus and thus strengthen the case against abortion. The movement was partially successful in obtaining its goals.     

Challenging Australia's "closed" model of neonatal care: the need for reform following Re baby D (No 2)

The withdrawal or withholding of life-sustaining treatment to compromised newborns is a subject of controversy in countries where there is now highly advanced neonatal care to keep such newborns alive. The topic has generated comparatively less debate in Australia, where case law is sparse and parents and clinicians themselves make decisions regarding the cessation of care, largely free from extemal oversight. The recent case of Re Baby D (No 2) [2011] FamCA 176 endorses this "closed" approach to neonatal decision-making. This article critically discusses some of its implications and makes suggestions for reform to ensure meaningful oversight of decisions to withdraw or withhold treatment. The authors argue that the judgment fails to address some fundamental issues, such as ensuring that those with the responsibility to make decisions are doing so on a "best interests" basis. This is important because, in a society where disability remains stigmatised and poorly understood, there is no opportunity under the approach adopted in Baby D to guarantee adequate protection of the rights of individuals born with physical or intellectual impairments.     

Surrogate Motherhood and the Morality of Care

The celebrated case of Baby M focused public attention on the practice of surrogate motherhood. This paper examines the judicial and legislative responses and the public policy implications of surrogate parenting contracts from the perspective of a morality of care. This perspective, which owes much to the pioneering work of Carol Gilligan, elevates the bond between mother and child over the rights conferred by contract. Working with this perspective, several arguments are advanced against the granting of specific performance of surrogate parenting contracts.     

Survival at what cost? Origins and effects of the modern controversy on treating severely handicapped newborns

This paper examines the background of technological innovation, ethical debate, and social change, against which the 1980s debate over how to treat severely handicapped newborns in general, and Baby Jane Doe in particular, took place. A commentary follows examining the relative place of government, practitioners, hospital ethics committees, and parents in making decisions about treatment for handicapped newborns.     

Book Reviews

Book reviewed in this article:
An Ounce of Prevention: Child Health Politics under Medicaid . By Anne-Marie Foltz, Ph.D. (MIT Press, Cambridge, Mass.)
The Long Dying of Baby Andrew . By Robert Stinson and Peggy Stinson (Atlantic Press, Boston, Mass.) (1983) 375 pp., $16.50.     

Baby Jane Doe in the media

A review of national television, magazine, and newspaper coverage of the case of Baby Jane Doe indicates that most of it lacked perspective and context; stories were generally incomplete and often imprecise; reporting was sometimes inaccurate; and overall, inadequate attention was paid to the medical, legal, philosophical, and social implications of the case. Human-interest and political elements of the story were generally well covered. Even after taking account of the pressures and constraints of daily and weekly news reporting, we conclude that the print press and television could have done a better job without devoting more space or time to the story. This could have been done by assigning reporters with greater expertise and by paying more attention to the needs of a hypothetical "reasonable reader."     

Futile treatment: the need for legislation and uniform policies

As a matter of social policy, providers should place a top priority on educating colleagues and the public, including lawyers and the courts, so that there is genuine understanding that certain medical conditions, like anencephaly and brain death, cannot be ameliorated, changed, or improved through medical treatment even though the patient may continue to breathe with mechanical assistance for years. If health care professionals do not articulate and adhere to clear, universal standards of practice in this area, the courts will continue to define the duty of the medical profession, and, as Baby K illustrates, that is not acceptable.     

Civil rights and regulatory wrongs: the Reagan administration and the medical treatment of handicapped infants

Beginning in 1982 the Reagan administration tried to impose federal regulations (based on the civil rights approach of Section 504) on the medical treatment of handicapped newborns in the nation's hospitals. After issuing three sets of regulations, the administration found itself rebuffed by the courts and in ill repute with providers and parts of the public, especially after its widely publicized intervention in the case of Baby Jane Doe illustrated the pitfalls of federal regulation in complex medical decisions. Congress, however, soon enacted legislation employing different means to protect handicapped newborns. The episode offers insights into the dynamics of the U.S. system of separated powers, the limitations of the "civil rights" approach, and the importance of negotiating structures for the resolution of private moral dilemmas with public implications.     

RELATIVE COHORT SIZE AND AGE‐SPECIFIC ARREST RATES: A CONDITIONAL INTERPRETATION OF THE EASTERLIN EFFECT*

The demographic theory formulated by Richard Easterlin (1980) predicts a positive relationship between the relative size of birth cohorts and their rates of criminal offending. Extensive testing of this hypothesis has produced scant support in the literature. Drawing on the emerging conditional interpretation of the Easterlin effect, we propose that the impact of fertility decline on the criminal behavior of the Baby Bust generation may have been suppressed by changes in family structure and racial differences in fertility. Although finding support for this argument, particularly in models explaining property crime, in the final analysis, our research underscores the marginal nature of the Easterlin effect as an explanation of criminal behavior.     

Child abuse and neglect prevention and treatment program--HHS. Notice of proposed rulemaking

This rule proposed changes in the regulations that implement the Child Abuse Prevention and Treatment Act. Recent amendments to this Act (Pub. L. 98-457) made changes in several definitions regarding child abuse and neglect which may require State regulatory changes. These and other proposed requirements are the subject of this notice. On December 10, 1984 (49 FR 48160), the Department published a notice of proposed rulemaking to implement the requirement for State child protective service agencies to establish programs and/or procedures for the protection and treatment of disabled infants with life-threatening conditions ("Baby Does"). These requirements were also a part of Pub. L. 98-457.     

Introduction to the Baby Jane Doe papers

A conference was held at the State University of New York at Stony Brook in October 1984 to discuss the controversy concerning treatment of a newborn with severe congenital defects that became known as the Baby Jane Doe case. Fox provides some background information on the case to introduce a set of of six articles consisting of papers delivered at the conference. These articles deal with historical aspects of the treatment debate (Stanley J. Reiser), problems of clinical decision making (John M. Freeman), the legal issues involved (John A. Robertson), coverage of the case by the media (Stephen Klaidman and Tom L. Beauchamp), federal efforts to regulate the treatment of handicapped newborns (Lawrence D. Brown), and the alliance that arose between opponents of abortion and advocates of the rights of the handicapped (Constance Paige and Elisa B. Karnofsky).     

Book Reviews

Book reviewed in this article:
Handicapped Newborns: Humanistic Insights and Hard Choices
Which Babies Shall Live? Humanistic Dimensions of the Care of Imperiled Newborns . Ed. by Thomas H. Murray and Arthur L. Caplan
Should the Baby Live? The Problems of Handicapped Infants . By Peter Singer and Helga Kuhse
The Physician and the Hopelessly Ill Patient: Legal, Medical and Ethical Guidelines . By the Society for the Right to Die
Decisions in Hospice: Guidelines for Making Decisions about the Place or Mode of Treatment When There Is Conflict or Uncertainty among the Patient, Primary Care-Giver, Family Members, Primary Physician, and Hospice Staff . By the Ethics Committee of the National Hospice Organization     

Legal aspects of withholding treatment from handicapped newborns: substantive issues

The controversy over nontreatment of handicapped newborns arises in a context of criminal and civil law, against which the current controversy has unfolded. This article examines the legal setting and background under traditional criminal and civil law concepts of nontreatment of handicapped newborns. It focuses on substantive principles of law, showing that nontreatment would be legally permitted when treatment could not be reasonably said to be in the interest of the patient involved, and that nontreatment could be considered criminal where treatment would serve patient interests. It then relates this analysis to procedural issues and the federal Baby Doe legislation and regulations that have recently emerged.     

Treatment Decisions for Critically Ill Infants: The Abrogation of the Best Interests Standard

The issue of withholding or withdrawing medical treatment from seriously ill newborns first gained the attention of the American public in 1982 when Baby Doe was allowed to die without surgery. Since that time, the predominant ethical, medical, and legal approach has been one that allows informed parents to make a reasonable medical treatment decision in the best interests of their infant with the concurrence of the health care providers. There has always been a minority that believes every infant should receive full medical treatment without regard to pain and suffering, until that infant dies a natural death. This viewpoint is reflected in recent judicial and legislative proceedings that have either already drastically changed the prevailing standard of care or threaten do so. This article reviews the significance of these changes.     

Variable adverse effects in subjects after ingestion of equal doses of Argyreia nervosa seeds

As the new drug Spice hit the market in 2006 and was a hot topic in the media, the general issue of legal highs has been brought to the attention of a large number of (young) people. One of these so called legal highs are the seeds of Argyreia nervosa, also known as Hawaiian Baby Woodrose, which contains the psychotropic alkaloid lysergic acid amide (LSA). A study was designed to assess how driving ability is affected by Argyreia nervosa. However, the study could not be continued due to severe adverse effects in 3 of 4 subjects, such as cardiovascular dysregulation in two and a psychosis like state in one subject. All of the participants recovered completely within 9h after ingestion. Despite body normalized doses interindividually highly differing reactions in type and intensity were observed. Furthermore, fluctuating alkaloid contents in seeds and multi-drug intoxications make the use of this legal high far more dangerous than commonly believed.     

Severely handicapped infants with life-threatening conditions: federal intrusions into the decision not to treat

In recent years the federal government has attempted to intervene in certain family-medical decisions to withhold treatment from seriously handicapped newborns with life-threatening conditions. Invoking section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against "otherwise qualified handicapped" individuals, the Reagan Administration promulgated regulations allowing federal government investigations of such decisions. Recently, the U.S. Supreme Court upheld lower court decisions invalidating these "Baby Doe" regulations. The federal government's fall-back position is reflected in the Child Abuse Prevention and Treatment Amendments of 1984, requiring states accepting funds under the Child Abuse Prevention and Treatment Act to establish and maintain procedures to assure that cases of medical neglect of handicapped infants are investigated by the states. Although the primary oversight of parental decision-making has been returned to the states where it has traditionally belonged, the federal government's definition of medical neglect of handicapped infants with life-threatening conditions is an ethically inadequate response to the complex needs of the handicapped child, the family, the medical profession, and society as a whole. After examining the relevance of Kantian, utilitarian, and Rawlsian ethical positions, the author contends that an effective governmental policy, capable of enforcement and acceptance by the public, must utilize the strengths of each philosophy and reflect the pragmatism of American society.