Privacy and intra-familiy communication of genetic information.

The new knowledge (and predictions) created by DNA tests and the family nature of genetic information has already lead to a new problem: the intra-familiar communication of genetic data. This raises questions such as the following. Is there a duty to inform in cases when treatment is possible and the patient does not permit disclosure of genetic results to relatives? Is there an obligation to warn or merely an authorization (that could be used or not)? Could privacy protection be maintain as an individual interest but with some justified violations? A balance needs to be establishes between the interest of privacy and the need to disclose secret information.     

Information rights and donor conception: lessons from adoption?

This article reviews the Australian experience in providing information rights for people separated through adoption, and considers its relevance in adjusting the competing interests of those involved in donor conception. The Australian laws, which differ from State to State, create information rights for adults who have been adopted, and also--with more qualifications--for other family members, such as birth parents and siblings. Some laws also seek to protect privacy, notably by use of the "contact veto". The author argues that the review of the Australian laws provides strong support for the rights of donor offspring, when adult, to information about their genetic origins. It also raises important questions about the rights and interests of other family members involved in donor conception, and how they might be accommodated.     

The risk of birth defects: Jacobs v. Theimer and parents' right to know.

This Article discusses the Texas Supreme Court's holding in Jacobs v. Theimer that the parents of a defective child had a cause of action for damages against a physician for alleged negligent failure to inform the mother during pregnancy that she had contracted rubella and therefore might have a defective child, thereby causing her to lose the opportunity to have an abortion. The Article raises a number of questions that post-Jacobs courts probably will confront concerning the duty of physicians and genetic counselors to keep their clients informed; describes some social and medical developments--including recent progress in medical genetics and prenatal diagnosis--which are likely to make Jacobs a significant precedent; evaluates the court's decision to allow a damage suit only for the costs of treating and caring for the child's defects; and briefly addresses the question of whether the Jacobs case comes within the sphere of suits for what has come to be known as "wrongful birth" and "wrongful life."     

Mediation,financial remedies,information provision and legal advice: the post-LASPO conundrum*

The near-total collapse in numbers of solicitors providing legal advice and assistance to publicly-funded clients attempting to settle private family law issues through mediation since the legal aid reforms implemented in 2013 raises important questions about how, if at all, clients in mediation can receive legal information and advice other than from lawyers in financial cases following divorce. This article explores, in a preliminary way, this aspect of mediation practice, drawing on small-scale qualitative data from a study conducted shortly prior to the legal aid reforms concerning the settlement of such cases. It explores how mediators then approached their (permissible) function of providing clients with legal information and how they dealt with cases where they felt that the proposed outcome was particularly unfair to one party or unlikely to be endorsed by a court, and asks how mediation practice – and legal practice – may come under pressure to change in this brave new world.     

Validation issues around DNA typing of low level DNA

A recent ruling in the Crown Court of Northern Ireland, R v. Hoey, [R v Sean Hoey. 2007, Crown Court of Northern Ireland] has raised questions about the validity of one variant of DNA analysis, often termed LCN. The ruling and subsequent discussion also raises questions about what constitutes validation of a technique.This paper examines what can be achieved in a laboratory based validation study against the Daubert standard and against guidance given in the UK. There is a significant discrepancy between what can be achieved and the Daubert standard but much less of a discrepancy against the UK guidance. Much of the difference relates to differences in word usage, definitional difficulties, and a lack of mutual understanding and communication between the judiciary and forensic scientists. This highlights a gap that needs attention.     

Brains in context in the neurolaw debate: the examples of free will and "dangerous" brains

Will neuroscience revolutionize forensic practice and our legal institutions? In the debate about the legal implications of brain research, free will and the neural bases of antisocial or criminal behavior are of central importance. By analyzing frequently quoted examples for the unconscious determinants of behavior and antisocial personality changes caused by brain lesions in a wider psychological and social context, the paper argues for a cautious middle position: Evidence for an impending normative "neuro-revolution" is scarce and neuroscience may instead gradually improve legal practice in the long run, particularly where normative questions directly pertain to brain-related questions. In the conclusion the paper raises concerns that applying neuroscience methods about an individual's responsibility or dangerousness is premature at the present time and carries serious individual and societal risks. Putting findings from brain research in wider contexts renders them empirically investigable in a way that does not neglect psychological and social aspects of human mind and behavior.     

“Sociologically speaking”: Law,sexuality and social change

Historically, legal discourse affirms the apparent naturalness of the heterosexual family, contributing to the invisibility of social processes which privilege heterosexuality. In this paper, Herman examines ways in which this naturalization and invisibility are the result of the delegitimation of knowledges which challenge the ‘Truth’ of law. Exploring the role of the sociologist as expert witness in the recent Mossop decisions, but also aspects of other recent lesbian and gay litigation, Herman raises a number of questions about the relationship between meaning and truth in law, and the constitution of sexual identity through the legal process. In so doing, she raises questions central to feminist theory.     

The Embedded Acquis Communautaire: Transmission Belt and Prism of New Governance

The European Union offers crucial insights into the gradual shift from a Weberian form of modern 'government' towards the institutionalisation of post-Weberian 'governance'. The article argues that the emerging 'polity of polities' context, not only threatens the constitutional basis of democratic rule but also raises the questions of what exactly the new institutions of governance beyond the nation-state are, and what they imply for the functioning (rules of the game) and legitimacy (democratic processes) of the political order. In an effort to elaborate on these questions, the article develops two themes. First, it raises critical questions about the conceptual boundedness of 'governance' in the discussion of constitutional and policy studies within the field of European integration. Secondly, it advances a methodological access point for the study of the institutionalisation of governance in the Euro-polity. It suggests situating the legal concept of acquis communautaire at the boundary of legal studies and politics. The concept is then applied to a case study of citizenship policy in the EU to demonstrate how the acquis communautaire–more precisely, the 'embedded acquis communautaire'–facilitates methodological access to the study of the institutionalisation of governance beyond the state and despite states.     

The ‘beyond parental control’ label in Nigeria

Recent reports in Nigeria indicate a geometric rise in incarcerated adolescents, with an overwhelming majority of this increase being attributed to adolescents being declared ‘beyond parental control’. There is a nagging suspicion that the Nigerian juvenile justice system has over criminalised adolescents by declaring them ‘beyond control’ when behavioural problems have actually resulted from child abuse/neglect and family disruption. A study was undertaken in a juvenile justice institution in Nigeria to assess the adequacy of pre-incarceration parental care among adolescents that had been declared as ‘beyond parental control’. The study included 75 adolescent boys that had been declared as ‘beyond parental control’ and a comparison group of 144 matched school going boys. It examined self-reports received from the adolescent boys regarding their pre-incarceration family life and social circumstances, as well as the behavioural problems they had experienced. The findings indicate that adolescent boys who were declared as ‘beyond parental control’ had a significantly higher lifetime history of behavioural problems than the comparison group, and they also had significantly higher indicators of pre-incarceration child abuse/neglect and problems with stability and consistency of primary support. These findings pose questions regarding the presumption of adequate parental care prior to the declaration of ‘beyond parental control’. It also raises questions about child rights protection and juvenile justice reform in Nigeria.     

Genetic testing and employee protection

Given advances in the science of genetics it is increasingly possible for individuals to acquire an increased understanding about their DNA. Employers may wish to access such information or may request that employees participate in genetic testing. An examination of the UK legislative framework to accommodate or to prevent such demands raises concern about the need to balance the employer's economic interests and the autonomy of the employee.     

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。     

The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality

This article analyses the horizontal effect of the Charter of Fundamental Rights of the European Union. Horizontal effect has been an integral part of the Union's application of fundamental rights, especially in the field of equality. However, the codification of fundamental rights in the Charter raises important questions as to how horizontal effect will continue to apply in the EU, particularly in the aftermath of the Court's reticent rulings in cases such as Dominguez and Association de Médiation Sociale. This article argues that the emphasis on prior approaches to horizontal effect in recent rulings fails to address the profound constitutional issues that the horizontal effect of a fundamental rights catalogue raises, which concern the role of private responsibility within the developing constitutional order of the European Union. It therefore calls for a more systematically theorised approach towards the horizontal application of fundamental rights under the Charter framework.     

Alcohol-Impaired Driving in Norway and Sweden: Another Look at "The Scandinavian Myth"

Ross's (1975) assessment of the Scandinavian drinking-and-driving laws was a pivotal paper in the international literature because, in many ways, Norway and Sweden offer a critical test of the "tough approach" to deterring alcohol- impaired drivers. The present review raises some methodological and philosophical questions about Ross's approach to the Scandinavian data and examines four types of indirect evidence for deterrence in Norway and Sweden. While no conclusive evidence for deterrence could be identified, there was internal consistency in the pattern of circumstantial evidence pointing to a workable system of external restraints and internal controls in Scandinavia; and this pattern of evidence contrasted sharply with that obtained in the U.S.     

Biotechnology,Bioethics and Law: Europe's 21st Century Challenge*

Advances in biotechnology make possible many things which even a few years ago would have seemed unimaginable. However, the steady advance of biotechnological innovation raises difficult questions for ethicists and regulators. In the thirty‐fourth Chorley Lecture Noelle Lenoir analyses the European response to these challenges and calls upon European leaders to honour their commitment to human dignity and to give leadership in the emergent fields of embryo research, cloning and genetic enhancement.     

从"卡斯尔伯里食品案"看我国食品召回的法律规制

近年来,我国食品安全事件频发,食品安全形势十分严峻,严重地危害着人民群众的生命健康,完善食品相关法律制度,健全相关法律法规成为当务之急。由美国卡斯尔伯里紧急召回90种疑似染肉毒杆菌食品案入手,提出问题,通过分析我国质量监督检验检疫总局出台的《食品召回管理规定》相关立法规定,认为我国食品安全召回制度还存在些许缺陷与不足,并提出规制食品召回制度的对策和建议。     

Capacity and medical self-determination in Australia

The expansion of patients' rights and the increasing complexity of the science of medicine raises serious legal and social questions, particularly when they pertain to end-of-life decision-making. Medical science continues to find ways of maintaining or extending life in a body or mind affected by disease or trauma and regular advances in medical technology and practice mean that the natural course of illness or injury will rarely be uninterrupted by some form of medical intervention. This progressive "medicalisation" of death, together with enhanced patient autonomy, means that choices can increasingly be made regarding medical treatment which may ultimately influence both the time and the way in which a person dies. This article examines both legislation and the common law in Australia particularly as it pertains to medical decision-making at end-of-life and the patient's right of self-determination.     

Genetic Determinism and Discrimination: A Call to Re-Orient Prevailing Human Rights Discourse to Better Comport with the Public Implications of Individual Genetic Testing

Genetic testing can not only provide information about diseases but also their prevalence in ethnic, gender, or other vulnerable populations. While offering the promise of significant therapeutic benefits and serving to highlight our commonality, genetic information also raises a number of sensitive human rights issues touching on identity and the perception thereof, as well as the possibility of discrimination and social stigma. It stands to reason that the results of individual screenings could haplessly be used to make general assumptions about entire ethnic or gender groups. In this manner, genetic information can directly influence identity by impacting and perhaps even reframing conceptions of group rights and dimensions of self-identification, thus importing constitutional scrutiny on questions of dignity and discrimination in particular. Is there a risk of collective stigmatization deriving from discrete testing of self-identified individuals? Would such stigmatization impinge on individual dignity by the exogenous imposition of ethnic or gender/sexual identity? If so, what norms can most adequately respond if and when individual and group interests diverge? These questions are examined from a comparative perspective.     

Moral questions,legal answers,and biotechnological advances

Moral failing is usually construed as a personal flaw, but there is another construction: where morals fail people, where our moral precepts are silent. The author of this article argues that this happens nowadays where technological advances, such as genetic engineering in medicine, raise moral questions but get legal answers. By responding to the legal issues involved, the moral questions are pre-empted. This results in answers drawn from legal categories, often with commercial perspectives, but misses the larger moral dilemma.     

基于高通量测序进行无创产前亲子鉴定的可行性

目的初步探讨基于高通量测序进行STR分型的技术方法应用于无创产前亲子鉴定的可行性。方法选择13个STR基因座(6个常染色体STR基因座,6个Y染色体STR基因座,1个性别判定基因座),进行复合PCR扩增和高通量测序文库构建后,采用Ion PGM400高通量测序平台进行测序,并采用自主研发软件NGS-STR genotyper(perl脚本)进行STR分型,本文简称上述过程为NGS-STR分型。对13个母子配对混合样本(母亲:儿子=2%~50%)、1组家系样本进行了上述NGS-STR分型,旨在(1)了解其在混合样本中的灵敏度及分型情况;(2)了解其在无创产前亲子鉴定中的应用可能性。结果 (1)当混合样本中低组分(儿子)的比例超过8%,所有基因座均可检出低组分的STR信息;(2)对1例血浆样本进行NGS-STR分型,共计69.2%的基因座可检出胎儿的STR基因型信息,且所有检出基因座均符合孟德尔遗传规律。结论初步证明了NGS-STR分型技术具有进行无创产前亲子鉴定的可行性。     

THE IDENTIFICATION OF "CAREER CRIMINALS" FROM "CHRONIC OFFENDERS" IN A COHORT

The findings by Wolfgang et al. that 6.3% of their cohort had 52% of the recorded police contacts is well known. This retrospective analysis has been used to suggest that imprisoning these "chronic" offenders will avert a correspondingly disproportionate amount of crime. On prospective analysis of the arrest histories, however, the recidivism probability is found to be constant after the third contact, suggesting that prior record has little predictive value regarding future criminality. These observations raise important questions about the benefits of "career criminal" programs and their incapacitative effects.