Legal aspects of withholding treatment from handicapped newborns: substantive issues

The controversy over nontreatment of handicapped newborns arises in a context of criminal and civil law, against which the current controversy has unfolded. This article examines the legal setting and background under traditional criminal and civil law concepts of nontreatment of handicapped newborns. It focuses on substantive principles of law, showing that nontreatment would be legally permitted when treatment could not be reasonably said to be in the interest of the patient involved, and that nontreatment could be considered criminal where treatment would serve patient interests. It then relates this analysis to procedural issues and the federal Baby Doe legislation and regulations that have recently emerged.     

Short tandem repeat (STR) genotyping of keratinised hair. Part 1. Review of current status and knowledge gaps

We present a review of the literature on procedures for obtaining short tandem repeat (STR) genotypes from keratinised hair, being either hair shaft or telogen phase (naturally shed) hairs without associated scalp, follicle or sheath cells. Both the hair shaft and the telogen hair club have been subjected to the DNA-degrading keratinisation process and are more likely to be found at a crime scene than anagen (plucked) or catagen phase hairs. We discuss human hair structure, the human hair growth cycle, the keratinisation process and their implications for DNA extraction procedures, PCR amplification strategies and the interpretation of STR genotypes. Knowledge gaps and areas requiring research are identified and are the subject of a second article in this series.     

Precommitment stategies [sic] for disposition of frozen embryos

The question of whether to enforce agreements to implant frozen embryos after divorce has become a major concern for the 300 clinics and thousands of couples who use infertility services every year. Although courts in New York and Tennessee support enforcement, recent decisions by appellate courts in Massachusetts and New Jersey have refused to enforce such agreements on the ground that courts should not force people to reproduce. This article analyzes conflicts over enforcement of agreements for disposition of frozen embryos in terms of the precommitment strategies that persons use to plan their lives. It shows that refusal to enforce contracts for frozen embryos is unfair to the parties who relied on them in undertaking invasive infertility treatments, and possibly unconstitutional. It also addresses the extent to which precommitments for rearing rights and duties in resulting children should be enforced, if agreements to implant embryos are recognized.     

Social control: analytical tool or analytical quagmire?

Conclusion In this paper we have undertaken what we regard as a preliminary critique of the concept of social control and its utility for a critical criminology in Canada. In tracing its emergence and historical development as a key concept in American sociology, we have illustrated that its ascendancy represented a victory for liberal sociology. The recent attempts by critical criminologists and sociologists to rehabilitate the concept of social control by insisting upon the essentially coercive nature of control have not resulted in an advance over traditional theorizing.By examining the women, law and social control literature, in particular the use of the formal/informal dichotomy, we have attempted to illustrate the limited utility of the concept for developing an historically and theoretically informed understanding of the complex and contradictory relationship of women to the state and law. The concept of social control is ahistorical: when coupled with law, moreover, it lends itself to instrumentalism. It is our view that the concept of social control ought to be abandoned by critical scholars in favour of one attentive to the dynamic complexity of history, struggle and change.Paper presented at the Annual Meeting of the Canadian Association of Sociology and Anthropology, 4–7 June 1986, Winnipeg, Manitoba. Equal authorship.