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.     

Approaches to low-income groups' sexuality: a comparative study of women in three low-income contexts in Peru

"This work...examines the cultural dimension of sexuality and fertility of women from [low-income] sectors in Peru. It intends to explain the cultural processes that fall into the intermediate variables of fertility, such as marriage rate, contraception, breastfeeding and...abortion. These dimensions of sexual and reproductive life are analyzed according to two explanatory dimensions: generation and cultural context of socialization. The general hypothesis is that a cultural process of homogenization of the values and behaviors has been taking place over sexuality, in such a way that the younger generations will show similar standard behaviors and values no matter their context of socialization; in the meantime, in the older groups there will exist contextual differences in these dimensions." (SUMMARY IN ENG)     

Reviews

Wing Thye Woo, Stephen Parker & Jeffrey D. Sachs (eds), Economies in Transition: Comparing Asia and Eastern Europe. Cambridge, MA: MIT Press, 1997, xiv + 412 pp., £33.95 h/b, £16.95 p/b.

Guy Standing, Russian Unemployment and Enterprise Restructuring: Reviving Dead Souls. Basingstoke: Macmillan, 1996, xxix + 404 pp., £45.00.

Ellen Mickiewicz, Changing Channels: Television and the Struggle for Power in Russia. New York: Oxford University Press, 1997, xiii + 340 pp., $35.00.

Naum Nim (ed.), Dos'e na tsenzuru, No. 1. Moscow: Fond zashchity glasnosti, 1997, 208 pp.

Taras Kuzio, Ukraine under Kuchma: Political Reform, Economic Transformation and Security Policy in Independent Ukraine. Basingstoke: Macmillan, 1997, xxiii + 281 pp., £50.00.

Mary Buckley (ed.), Post‐Soviet Women: from the Baltic to Central Asia. Cambridge: Cambridge University Press, 1997, xvii + 316 pp., £15.95.

Neil Hood, Robert Kilis & Jan‐Erik Vahlne (eds), Transition in the Baltic States: Micro‐level Studies. Basingstoke: Macmillan, 1997, xv + 299 pp., £50.00.

V. Stanley Vardis & Judith B. Sedaitis, Lithuania: The Rebel Nation. Boulder, CO: Westview Press, 1997, xi + 242 pp., £14.50.

Lonnie R. Johnson, Central Europe. Enemies, Neighbours, Friends. Oxford: Oxford University Press, 1996, xii + 339 pp., £15.99.

Gale Stokes, Three Eras of Political Change in Eastern Europe. Oxford: Oxford University Press, 1997, xvi + 240 pp., £13.99.

Kevin F. F. Quigley, For Democracy's Sake: Foundations and Democracy Assistance in Central Europe. Washington, DC: The Woodrow Wilson Center Press, 1997, xix + 190 pp., £13.00.

James Gow, Triumph of the Lack of Will. International Diplomacy and the Yugoslav War. London: C. Hurst and Co., 1997, 343 pp., £14.95.

Robert Chenciner, Daghestan: Tradition and Survival. Richmond: Curzon, 1997, xi + 307 pp., £25.00

William C. Wohlforth (ed.), Witnesses to the End of the Cold War. Baltimore: Johns Hopkins University Press, 1996, xvi + 344 pp., $39.95.

Vladimir N. Brovkin (ed.), The Bolsheviks in Russian Society: The Revolution and the Civil Wars. London: Yale University Press, 1997, vi + 333 pp., £21.00.

Carl Van Dyke, The Soviet Invasion of Finland 1939–40. London: Frank Cass, 1997, xiv + 288 pp., £35.00.

Maurice Friedberg, Literary Translation in Russia: A Cultural History, University Park, Pennsylvania: The Pennsylvania University Press, 1997, viii + 224 pp.     

Are there environmental factors influencing the choice of death by drowning as a means of suicide in the Geneva canton?

123 out of 850 suicides that occurred in the Canton of Geneva between 1980 and 1989 were suicides by submersion. 75 women and 48 men committed this kind of suicide. 89 victims (57 women and 32 men) were older than 40 years. In all cases the spatial distance between the residence of the suicides and the nearest river or lake was determined; a correlation with the tendency to commit suicide by drowning was not evident. More than geographical factors, the psychological influences have to be considered.     

The FDA may not regulate tobacco products as "drugs" or as "medical devices"

Professor Richard Merrill contends that the Federal Food, Drug, and Cosmetic Act does not grant the FDA regulatory authority over cigarettes and smokeless tobacco products. The fact that Congress did not expressly deny the FDA regulatory authority over tobacco cannot, Professor Merrill argues, be used to infer such authority. This inference is particularly inappropriate in the case of tobacco regulation, he maintains, because there is compelling evidence that Congress had no intention of delegating this authority to the FDA. He is unpersuaded that presidential approval legally sanctions the FDA's claim of authority by granting it a superficial political legitimacy. Finally, he reminds us of the FDA's own repeated denials of jurisdiction over tobacco products, and he recalls the numerous times that Congress passed legislation directed at tobacco without granting the FDA any role in its regulation. Professor Merrill's Essay, like the other pieces in this volume, was written after the United States District Court for the Middle District of North Carolina decided Coyne Beahm v. FDA, but before a three judge panel of the United States Court of Appeals for the Fourth Circuit reversed that decision in Brown & Williamson Tobacco Corp. v. FDA. In Coyne Beahm, the District Court held that the Federal Food, Drug, and Cosmetic Act authorized the FDA to regulate tobacco products, but not tobacco advertising. The Fourth Circuit rejected the District Court's jurisdictional ruling and invalidated the FDA's regulations in their entirety. The Clinton Administration has since requested an en banc rehearing before the Fourth Circuit.