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.     

A critique on the concept of "brain death"

Since the concept of "brain death" was introduced in medical terminology, enough evidence has come to light to show that the concept is based on an unclear and incoherent theory. The "brain death" concept suffers by internal inconsistencies in both the tests-criterion and the criterion-definition relationships. It is also evident that there are residual vegetative functions in "brain dead" patients. Since the content of consciousness is inaccessible in these patients who are in a profound coma, the diagnosis of "brain death" is based on an unproved hypothesis. A critical evaluation of the role and the limitations of the confirmatory tests in the diagnosis of "brain death" is attempted. Finally it is pointed out that a holistic approach to the problem of "brain death" in humans should necessarily include the inspection of the content of consciousness.     

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.     

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?     

Validation of chest X-ray comparisons for unknown decedent identification

Comparing skeletal structures between antemortem and postmortem chest radiographs is widely used by forensic specialists from many disciplines to positively identify unknown decedents. However, validity assessments of this method have been fairly limited. This study had three objectives: 1) to quantify the reliability of ante- and postmortem chest radiograph comparison for decedent identification; 2) to identify useful radiologic features supporting decedent identification; and 3) to recognize sources of error in decedent identification related to use of comparative radiographs. A forensic pathologist, a forensic anthropologist, and two radiologists participated in the study. Our results showed that chest radiograph comparisons proved reliable, if basic decedent information was provided, and antemortem and postmortem radiographs were adequately positioned and exposed. A "morphological approach" using normal anatomical structures for comparison may provide the most efficient method for accurate identification.