Major study commencing into genetic discrimination in Australia

This article describes a nationwide empirical study that will be undertaken during the next three years into the newly emerging phenomenon of genetic discrimination. In particular, the study aims to investigate the nature and extent of genetic discrimination in Australia across three key perspectives: consumers, third parties and the legal system. Further, the study aims to examine the social and legal implications of genetic discrimination, with a view to making recommendations for use in the Australian legal and policy context. It is anticipated that the data produced from this multifaceted investigation will assist in identifying areas where legal or other reforms are required. It will contribute significant baseline data for facilitating ongoing assessment of the nature and extent of the problem, as well as for longitudinal evaluation of the impact and effectiveness of any reforms which may be introduced in the future to address the issue.     

Post-mortem human reproduction: legal and other regulatory issues

Increasingly women are seeking to establish pregnancies using sperm retrieved from their dead or dying partners. This raises a number of issues of a broad nature, but is also of significance in terms of the relationship between regulatory mechanisms and private choices. This article reviews this relationship with specific reference to the United Kingdom position, but also taking account of case law and regulation in Australia, particularly in the State of Victoria.     

In the Michigan Court of Appeals: In the Matter of AMB,a Minor

HOLDING: In the accelerating rush to judgment that occurred here, a series of legal errors and missteps following a preliminary hearing compounded what was already an excruciatingly difficult and complex situation. The record strongly suggests that no one involved in the protective proceeding had ever communicated directly with baby AMB's parents and only the testifying doctor had ever seen AMB, an infant with life-threatening disabilities. Thus, a duly enacted statutory process designed to protect individual rights, to allow the intelligent exercise of these rights, and to assure balanced and considered decision making became, instead, the opposite. There was such a relentless disregard for basic principles of law that in its opinion, the Michigan Court of Appeals attempted to assure that this tragedy is never repeated in that state.     

The new JCAHO patient safety standards and the disclosure of unanticipated outcomes. Joint Commission on Accreditation of Healthcare Organizations

This article looks at the newly-issued JCAHO standards and their increased focus on patient safety in performance standards for healthcare organizations. As part of these standards, hospitals are required to inform patients of outcomes of care, including unanticipated outcomes. This article examines this requirement and suggests varying interpretations of it. After looking at the current legal and ethical standards requiring disclosure of errors or negligent acts, the article suggests that hospitals are faced with many difficulties in implementing the standard. Specifically, the article argues that more details are necessary regarding what events must be reported and what hospitals are required to do when members of the medical staff refuse to inform patients of medical error.     

What Role Does the "Federalism Bonus" Play in Presidential Selection?

The conflicting outcome of the electoral and popular votes inthe 2000 presidential election provoked calls to abolish oralter the electoral college. One prominent criticism is thatthe institution distorts election outcomes by providing disproportionateinfluence to small states. If each state receives a number ofpresidential electors equal to that states' number of membersin the U.S. House of Representatives plus the two senators,then the "federalism bonus" represents the two electoral collegevotes that correspond to the position of each state as an equalentity in the Senate. This research examines how the "federalismbonus" influences presidential selection by addressing threequestions. First, why did the framers include a federal componentin the electoral college? Second, under what circumstances hasthe "federalism bonus" played a role in presidential selection?Third, how would the various alternatives for reform affectthe federal component of the electoral college, and what isthe likelihood of adoption for each?