The problems and possibilities in regulating technological frontiers: the politics of the new anxiety?

The revolution in science, biotechnology and medicine of the past 30 years demands a revisitation of old institutional forms and responses, including those of law itself. Scientific citizenship requires that law develop a moral vision and vocabulary so that we shape the moral dimensions of the emergent bioeconomy. Chief among those in the field of biotechnology are technologies of human reproductive cloning, therapeutic cloning and stem cell research using human embryos. Where there are deep pluralist divisions is in relation to therapeutic cloning and embryonic stem cell research. Regulatory flexibility may be opportune in delimiting the extent to which government need stray into this realm of "moral politics". As Brownsword has written, an important developmental vector is what has become known in administrative and public law literature as the concept of "smart regulation". This concept is examined and an attempt to apply it to these fields is made. The enlarged nature of human action -- enlarged in magnitude, reach and novelty -- raises moral issues beyond interpersonal ethics and requires reflection; responsibility is centre stage and calls for lengthened foresight -- what has been called a "scientific futurology". This is also examined.     

The online defamation maze: are we finding a way out?

The main purpose of this paper is to examine the efficacy of the first decision that explored online defamation (as opposed to offline defamation) delivered by the Supreme Court of Japan. A discussion of the future implications of the case is then undertaken. The paper supports the First Instance (the Tokyo District Court) decision and its approach, and argues that such an approach might have provided greater implications for the future. The author also argues that the Tokyo District Court seems to have taken a more reflective view on the fluidity of online defamation and the nature of the online environment, and shows a degree of willingness to accept and incorporate such a nature. The author concludes that the Tokyo District Court's approach, although it could be seen as rather radical and extreme, seems to be more persuasive than that of the Supreme Court. It also submits that the court might have brought a more balanced and healthy outcome for the beneficiaries, including not only the claimants, the defendants, but also society as a whole. It is the case that innocent internet users can potentially be both the passive and active recipients of the information (i.e. comments posted on webpage). Before a detailed analysis and examination of the case is undertaken, a brief outline of how Japanese law and its jurisprudence have dealt with the traditional form of defamation (i.e. offline defamation) is provided as background.     

Sex offender legislation in the United States: what do we know?

In the United States there has been increased public pressure to create legislation to monitor and confine sex offenders. However, to date, there has been very little empirical evidence suggesting that these laws are effective in preventing future recidivism. This article reviews the current trends in sex offender legislation, including mandatory sentencing, civil commitment, community notification, monitoring, and supervision and the impact these policies may have on sex offender recidivism and treatment.     

Dosage of treatment to sexual offenders: are we overprescribing?

A sample of 337 offenders who received treatment in a variety of sex offender treatment programs in the Ontario region of Correctional Service Canada between 1993 and 1998 were divided based on the highest intensity sex offender programming that they received (low, moderate, and high). The three groups were compared with reference to a variety of actuarial risk assessment measures, criminogenic factors, and the number and type of treatment programs completed. It was hypothesized that the high-intensity group would have more criminogenic risk factors, higher actuarial scores, and participate in more treatment programs than both the moderate- and low-intensity groups. The results indicate that in general, the hypotheses were supported. Nonetheless, the results suggest that the low-intensity group may be receiving too much sex offender-specific treatment.     

The bones in the Abbey: are they the murdered princes? A review of the evidence

In 1674, the skeletons of two children were found in the Tower of London. They were believed to represent the remains of the "Princes in the Tower" (who had disappeared in 1483), and were reinterred as such in Westminster Abbey. Popular belief and conventional historical tradition held that the princes had been murdered by their uncle, King Richard III, to clear his path to the throne. In 1933, the bones in the Abbey were disinterred and examined, with the conclusion that they were indeed those of the princes. One skull was also thought to show evidence of death by suffocation, supporting another feature of popular legend. Later reviews of the investigation, however, revealed significant errors and omissions. This report summarizes the inconsistencies present in the scientific record and suggests that reexamination of the remains with improved techniques in both carbon dating and forensic science would provide a much more accurate analysis, thus helping to clarify the historical record.     

The conversion and settlement of Georgia Blue: are consumer groups still singing the blues?

As more Blue Cross/Blue Shield Organizations employ various means to convert to for-profit status, myriad issues arise concerning the proper treatment of assets that were accumulated during the not-for-profit years of such organizations. Moreover, state officials face pressure from all sides to assure that the conversion process is "fair." In the following Article, the author examines the conversion of Blue Cross and Blue Shield of Georgia to demonstrate the various conversion issues that arise under traditional legal principles--as well as the means by which that Blue employed newly enacted legislation to avoid many of the requirements that otherwise would have attended its conversion.     

Beyond the Law?: The Justice of Deconstruction

This paper offers a close reading of Derridas essay Force of Law that emphasises the twin strengths of a deconstructive approach to questions of law and justice -- textual analysis and political context. Derridas interest is in limit or test cases, and so he engages with the fraying edges of the law, its borders, the frontiers that are most heavily policed because they are most fragile, for example capital punishment, genocide, general strikes and terrorism. Derrida undertakes an exploration of violence through a reinterpretation of Walter Benjamins Critique of Violence. At the heart of Derridas difficult argument is a demand for justice that goes beyond the cataloguing of specific injustices, and beyond the terms of Benjamins critique. The utopian impulse that underpins Force of Law is carried over into Specters of Marx, Derridas recent explicit grappling with the legacy of Marxism. The links between these two texts by Derrida implies a sustained politics of radical commitment on the part of deconstruction, a commitment to future forms of legality and egalitarianism, a theory of justice posited upon prescience rather than precedent.     

The birds,the bees,and the deep freeze: is there international consensus in the debate over assisted reproductive technologies?

This Comment traces assisted reproductive technologies from their historical beginnings in early artificial insemination techniques, through the revolutionary advent of in vitro fertilization two decades ago, and continues to current experimental procedures such as embryo twinning and cryopreservation of ova. It then examines the worldwide controversy surrounding clinical use of these technologies and international attempts to resolve these issues. The final focus is on whether or not a consensus exists within the international legal community on how to tackle the complex issues presented by recent advances in reproductive technology.     

HPSA and the Anti-Kickback safe harbor: are we sending doctors to the right neighborhoods?

This article explores the problems within a niche area of health law, the Health Professional Shortage Area (HPSA) safe harbor of the Anti-Kickback Statute. The author advocates for its removal by discussing how the HPSA designation is being used incorrectly to curb fraudulent behavior and how the current provision serves few hospitals. The author concludes by suggesting innovative solutions to remedy the problems with the current HPSA designation system.