Health, disability & parental interests: adopting a contextual approach in the reproductive torts

Illustrating the limitations of the notion that caring for a disabled child is harmful and sufficiently distinctive from the (judicially viewed harmless) experience of caring for non-disabled children, this article takes issue with the differential outcomes of the reproductive torts where success pivots upon the presence or absence of disability. Since caring for any child must be seen as bringing about a significant caring responsibility, if there is a difference in the burden that results, this will be a matter of extent, not kind. Also taking a critical view of the House of Lords recent determination of Rees v Darlington Memorial Hospital, this article notes that nor can a "common approach" to all claims of wrongful conception and birth offer an equitable alternative. Ignoring context and treating all reproductive outcomes equally for the purposes of compensation is certain to result in manifest unfairness. The thrust of the argument is that it is essential that the law embrace a more contemporary and contextual approach, based on the value of reproductive autonomy.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Casework,issues and voting in state legislative elections: a district analysis

Congressional research has addressed questions regarding the electoral consequences of service and policy responsiveness, as well as whether service responsiveness eliminates the need for policy responsiveness. However, less is known about the criteria by which constituents reward their state representatives. Part of the problem with resolving these questions at the state level has been the absence of data, since individual-level data on state legislative districts are hard to find and are unlikely to combine measures of both kinds of responsiveness. This study utilises data gathered in a particular state legislator's district (both data on actual member–constituent contacts and survey data) to discern more explicitly whether ombudsman service and constituent issue proximity to the incumbent affects vote choice. Our findings support the proposition that like their counterparts in Congress, state representatives prosper when paying attention to both service and policy responsiveness; however, we find convincing evidence that casework enables state legislators to gain support from constituents who otherwise would not vote for them.     

The Human Rights Act 1998: research,freedom of speech and academic freedom

This article will consider rights to receive and express information and ideas from the perspective of the researcher, the researched, the researcher's institution and the wider community. It will also consider how the courts will resolve the inevitable conflicts between these rights. It does not address the right to education enshrined in Article 2 of the First Protocol² but rather the other Convention Articles, particularly Article 10, particularly relevant to the conduct of intellectual inquiry. It is intended to underline the potential reach of the Act for all public bodies which seek to be learning organisations, and the consequent need for such bodies to review their practices and procedures before the Act comes into force on 2 October 2000.     

Problems with the regulation of assisted reproductive technology: a clinician's perspective

The use of the Infertility Treatment Act 1995 (Vic) as a model for regulating reproductive technologies throughout Australia poses many problems. This article argues that the legislation in Victoria is overly restrictive. In particular, banning embryo research is hypocritical. Embryo research was required to develop the clinical procedures and should be used to test innovations. Other problems are restricted access; privacy infringement; an intrusive regulatory body; conflicts with other laws; and confusion because of poor drafting or lack of foresight. Uniform statutes are unnecessary. The interests of individuals and the community are better served by regulation through the Reproductive Technology Accreditation Committee.     

Domestic violence and high conflict are not the same: a gendered analysis

In child custody decision-making experiences of domestic violence and high conflict are not the same. Legislative reform has not yet been guided by the parent voice to inform differentiated responses that keep women and children safe. Available literature in child custody decision-making focuses on outcome research regarding children’s adjustment and well-being. Debates about types of post-separation arrangements have yet to find agreement in three under-researched areas: (a) high conflict, (b) domestic violence; and (c) children under four. Yet, Canadian legislation supports shared parenting arrangements that privilege the dominant, powerful parent in situations of domestic violence. Based on a Canadian study that explores the parent perspectives and experiences of child custody decision-making, this paper privileges a sub-group of participants; five women, all survivors of domestic violence; defined here as both physical violence and coercive control. Data collection includes one-on-one tape-recorded interviews. Thematic analysis reveals that shared parenting is neither the goal, nor does it meet the needs of these women. The findings illuminate the importance of differentiating parent experience as distinct groups, and reinforces the notion of the state’s role in the reproduction of gendered power. Legislative reform and collaborative community practices are critical to facilitate healthy differentiated responses.     

Drug testing by urine and hair analysis: complementary features and scientific issues

Hair analysis and urinalysis are complementary tests for establishing drug use. Hair analysis provides long-term information, from months to years, concerning both the severity and pattern of drug use. In contrast to this, urinalysis can indicate only drug use, and then generally only that which has occurred within the last 2–3 days. Field studies have demonstrated that hair analysis is considerably more effective than urinalysis at identifying drug users. This difference is due to the wider surveillance window of hair analysis and to the susceptibility of urinalysis to evasive maneuvers. The main concerns with urinalysis are endogenous evidentiary false positives caused by passive drug exposure, e.g., ingestion of poppy seed. This problem arises from the hypersensitivity of the urine test, i.e. the need to use low cut-off levels in order to compensate for the temporary recording of drug use. This problem does not occur with hair analysis since its wide window of detection and permanent record of drug use ensure that the detection efficiency of the test is not compromised by the use of more effective cut-off levels guarding against passive endogenous drug exposure. On the other hand, exogenous evidentiary false positives due to external contamination of hair by drugs present in the environment (e.g., smoke) are the main concern of hair analysis. This problem, however, can be effectively avoided by washing the hair specimen, by kinetic analyses of the wash data, and by measurement of metabolites. The possibility of bias due to race and/or hair color is avoided by the exclusion of melanin from the analysis of hair. The safety and effectiveness of hair testing has been established by extensive field studies with over 400 000 specimens.     

Sexual victimization and health-risk behaviors: a prospective analysis of college women

The present study utilizes the National College Health Risk Behavior Survey to examine the relationship between health-risk behaviors and sexual victimization among a sample of college women. A prospective design is utilized to examine the relationship between health-risk behaviors as measured at baseline and sexual victimization during a 3-month follow-up period. After controlling for age and parents' education, a history of adolescent sexual victimization was associated with the following health-risk behaviors as measured at pretest: increased likelihood of cigarette smoking, marijuana use, suicidal ideation, experience of physical violence within a dating relationship, use of diet pills and vomiting or laxatives to lose weight, multiple sexual partners, and early sexual intercourse. Prospectively, women's history of adolescent sexual victimization was the strongest predictor of sexual victimization during the 3-month follow-up. Implications of univariate associations between early sexual intercourse, suicidal ideation, and problematic weight loss behaviors and subsequent experience of sexual victimization are discussed.     

Religious belief, perceptions of human suffering, and support for reproductive genetic technology

Reproductive genetic technologies are becoming more controversial as they become more ubiquitous. The opponents of these technologies are largely religious groups, a fact that leads to the question of why religious groups would be more opposed to these technologies than others. Since all of these technologies are justified by their ability to relieve suffering of some kind, it is hypothesized that the actively religious have a notion of suffering different from that of advocates for these technologies, and this different notion of suffering leads to opposition to the technologies. In this article I report on a qualitative interview study of the religiously active in the United States. I find that the religiously active do have views of suffering that are distinct from the medical consensus, and these views are related to people's conclusions about the advisability of reproductive genetic technologies.     

Hazardous waste,distributional conflict,and a trilogy of failures

Environmentally dangerous but profitable hazardous waste disposal is an instance of market failure. Tort law has failed as a social mechanism to sanction powerful corporations for such crimes against the environment. The federal Superfund hazardous waste cleanup program, a regulatory system created to fill this void, is also marked by failure. This article makes the case that the inability to resolve Superfund-engendered distributional conflicts has precluded the efficient and equitable outcomes that characterize a socially beneficial market, tort, or regulatory response. A political economy of regulation that links conflict, conflict resolution, and Superfund failure is examined.     

Ethical,legal, social,and policy issues in the use of genomic technology by the U.S. Military

Advances in genomic science are attracting the interest of the U.S. military for their potential to improve medical care for members of the military and to aid in military recruitment, training, specialization, and mission accomplishment. While researchers have explored the ethical, legal, and social issues raised by the use of genomic science in a wide variety of contexts, there has been virtually no examination of these issues in connection with the use of genomics by the military. This article identifies potential uses of genomic science by the military, proposes an applicable ethical and legal framework, and applies the framework to provide ethical and legal guidance for military decision-makers.