The socio-legal acceptance of new technologies: a close look at artificial insemination

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.     

The genetics of secrecy in adoption, artificial insemination, and in vitro fertilization

In light of the significant role that heredity plays in many disease processes, statutes requiring strict secrecy with regard to medical records in cases of adoption, artificial insemination and in vitro fertilization should be reassessed. In adoption cases, attitudes concerning the adoptee's ancestry have progressed over the century, but adoptees still are unable to access their records. The problem of inaccessibility is also apparent in medical genetics clinics where valuable genetic information, necessary for an accurate diagnosis, is unavailable to the clinic, the adoptive parents, and the birth parents. A uniform law which responds to these interests and problems should be promulgated. This Note discusses the need for better access to and availability of medical records. The Note proposes a Uniform Act and suggests that, at a minimum, it include a scheme for regulating the donation of genetic material, strong record-keeping requirements with respect to family histories and pedigrees, and finally, an open access provision for certain information for both children and parents.     

Succession problems arising from artificial insemination, surrogate motherhood and test tube babies: a proposed solution

Recent advances in medical technology have created possible conflicts with estate succession. Three specific medical advances that confuse succession statutes are artificial insemination, surrogate motherhood, and “test tube babies.” These medical break-throughs have raised a burning question in the area of intestate succession: From whom will the child inherit, the natural parent,¹ the artificial parent (donor),² or both? This article will: 1) define the medical advances causing confusion in interpreting succession statutes; 2) discuss the current law of succession as it applies to each medical advance; and 3) propose a model statute to avoid the succession problems which currently exist.     

Women and the judiciary in Syria: appointments process,training and career paths

This article describes the recruitment, training and career paths of women judges and public prosecutors in Syria over a period of 30 years (1975–2005). It analyses both quantitative and qualitative data drawn from official statistics and interviews conducted with 67 women judges and public prosecutors in Syria's largest cities, Damascus and Aleppo. The paper focuses on how training of the judiciary has changed since the founding of the new Institute of Judicial Studies and the effect this change has had on women's career paths. The entry of women to the judiciary in 1975 and the restructuring of the training system in 2002 are the two most important events in the recent history of the judiciary in Syria.     

Freedom in paradise: quality of conditional release reports submitted to the Hawaii judiciary

Annually thousands of insanity acquitees are released from mental hospitals when they are no longer determined to be dangerous. This research examined quality of post-acquittal Conditional Release (CR) reports submitted to the Hawaii Judiciary. Hawaii utilizes a “three panel” system for assessing trial felony competency, criminal responsibility, and conditional release, where typically two psychologists (one Department of Health and one community-based) and one community-based psychiatrist submit independent reports to the Court. One hundred fifty CR reports were rated using a 44-item report quality measure. Interrater reliability trials indicated good to excellent agreement between quality ratings. Overall level of report quality was poor regardless of examiners' professional discipline, employer, or board certification status. Concordance rates for CR opinions were poor. Level of agreement between the judicial determination and majority recommendations was also poor. Reasons for the poor quality and level of agreement are discussed with recommendations for report quality improvement, including standardization of procedures and use of forensic risk assessment instruments.     

中国司法调解制度的历史传承与文化底蕴

中国的法院有以调解方式处理民事纠纷的传统,被西方国家称为“东方经验”。但中国的司法调解并非一成不变,在历史发展中可以划分为三个阶段：中国古代的司法调解,20世纪40年代以后大陆地区的司法调解,以及2004年以後以“调解优先、调判结合”为特点的司法调解。不同时期的司法调解,有不同的特点和文化底蕴。随着中国社会的发展和司法政策的演进,法院调解的某些做法也有必要从多角度进行检讨。