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Journal of Law and the Biosciences

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https://www.readbyqxmd.com/read/29707223/author-s-response-to-peer-commentaries-brain-based-mind-reading-conceptual-clarifications-and-legal-applications
#1
Gerben Meynen
No abstract text is available yet for this article.
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707222/the-difficulty-of-discerning-the-effect-of-neuroscience-a-peer-commentary-of-shen-et-al-2018
#2
John B Meixner
No abstract text is available yet for this article.
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707221/what-do-experimental-simulations-tell-us-about-the-effect-of-neuro-genetic-evidence-on-jurors
#3
Nicholas Scurich
No abstract text is available yet for this article.
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707220/the-impact-of-virtual-reality-on-implicit-racial-bias-and-mock-legal-decisions
#4
Natalie Salmanowitz
Implicit racial biases are one of the most vexing problems facing current society. These split-second judgments are not only widely prevalent, but also are notoriously difficult to overcome. Perhaps most concerning, implicit racial biases can have consequential impacts on decisions in the courtroom, where scholars have been unable to provide a viable mitigation strategy. This article examines the influence of a short virtual reality paradigm on implicit racial biases and evaluations of legal scenarios. After embodying a black avatar in the virtual world, participants produced significantly lower implicit racial bias scores than those who experienced a sham version of the virtual reality paradigm...
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707219/the-app-will-see-you-now-mobile-health-diagnosis-and-the-practice-of-medicine-in-quebec-and-ontario
#5
Michael Lang, Ma'n H Zawati
Mobile health applications are increasingly being used as tools of medicine. Outside of the clinic, some of these applications may contribute to diagnoses made absent a physician's care. We argue that this contravenes reservations of diagnosis to healthcare professionals in the law of two Canadian provinces: Quebec and Ontario. On the one hand, the law conceives of diagnosis in relatively broad terms. Drawing an association between symptoms and illness, for example, has been recognized in case law as sufficient...
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707218/the-generic-drug-user-fee-amendments-an-economic-perspective
#6
Ernst R Berndt, Rena M Conti, Stephen J Murphy
Since the vast majority of prescription drugs consumed by Americans are off patent ('generic'), their regulation and supply is of wide interest. We describe events leading up to the US Congress's 2012 passage of the Generic Drug User Fee Amendments (GDUFA I) as part of the Food and Drug Administration Safety and Innovation Act (FDASIA). Under GDUFA I, generic manufacturers agreed to pay approximately $300 million in fees each year of the five-year program. In exchange, the US Food and Drug Administration (FDA) committed to performance goals...
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707217/assessing-potential-legal-responses-to-medical-ghostwriting-effectiveness-and-constitutionality
#7
Chung-Lin Chen
Pharmaceutical companies are extensively involved in shaping medical knowledge to market their products to physicians and consumers. Specialized planning is undertaken to produce scientific articles driven by commercial interests. Rather than the listed authors, hidden analysts and publication management firms hired by pharmaceutical companies are often responsible for the content of scientific articles. Such ghostwriting practices raise serious concerns regarding the integrity of knowledge and thus demand urgent attention...
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707216/cutting-edges-and-weaving-threads-in-the-gene-editing-%C3%B0-evolution-reconciling-scientific-progress-with-legal-ethical-and-social-concerns
#8
Ana Nordberg, Timo Minssen, Sune Holm, Maja Horst, Kell Mortensen, Birger Lindberg Møller
Gene-editing technology, such as CRISPR/Cas9, holds great promise for the advancement of science and many useful applications technology. This foundational technology enables modification of the genetic structure of any living organisms with unprecedented precision. Yet, in order to enhance its potential for societal benefit, it is necessary to adapt rules and produce adequate regulations. This requires an interdisciplinary effort in legal thinking. Any legislative initiative needs to consider both the benefits and the problematic aspects of gene editing, from a broader societal and value-based perspective...
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/29707215/a-critique-of-national-solidarity-in-transnational-organ-sharing-in-europe
#9
Konstantin Tretyakov
In this article, I critically examine the principle of national solidarity in organ sharing across national borders. More specifically, I analyse the policy foundations of solidarity in the transnational allocation of organs and its implementation in the system of national balance points adopted in Europe. I argue that the system of national balance points is based on statist collectivism and therefore is oriented more toward collective, rather than individual welfare. The same collective welfare rationale is also evident from leading policy statements about self-sufficiency in organ donation that seem to assume that cross-border organ sharing can be wrong if collective welfare is violated...
May 2018: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852566/erratum-patenting-nature-or-protecting-culture-ethnopharmacology-and-indigenous-intellectual-property-rights
#10
Ian Vincent McGonigle
[This corrects the article DOI: 10.1093/jlb/lsw003.].
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852565/designing-a-standard-of-proof-the-case-for-professional-standards-in-next-generation-sequencing-laboratory-developed-tests
#11
Quinn Walker
No abstract text is available yet for this article.
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852564/fee-for-value-in-the-pharmaceutical-industry-a-policy-framework-applying-data-science-to-negotiate-drug-prices
#12
Nisarg A Patel
No abstract text is available yet for this article.
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852563/the-testosterone-rule-constructing-fairness-in-professional-sport
#13
Maayan Sudai
No abstract text is available yet for this article.
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852562/disappearing-women-vanishing-ladies-and-property-in-embryos
#14
Donna L Dickenson
No abstract text is available yet for this article.
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852561/barred-from-better-medicine-reexamining-regulatory-barriers-to-the-inclusion-of-prisoners-in-research
#15
Elaine Huang, Jacqueline Cauley, Jennifer K Wagner
In 2015, President Obama announced plans for the Precision Medicine Initiative(®) (PMI), an ambitious longitudinal project aimed at revolutionizing medicine. Integral to this Initiative is the recruitment of over one million Americans into a volunteer research cohort, the All of Us(SM) Research Program. The announcement has generated much excitement but absent is a discussion of how the All of Us Research Program-to be implemented within the context of social realities of mass incarcerations and racial disparities in criminal justice and healthcare-might excaberate health disparities...
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852560/substitute-consent-to-data-sharing-a-way-forward-for-international-dementia-research
#16
Adrian Thorogood, Constance Deschênes St-Pierre, Bartha Maria Knoppers
A deluge of genetic and health-related data is being generated about patients with dementia. International sharing of these data accelerates dementia research. Seeking consent to data sharing is a challenge for dementia research where patients have lost or risk losing legal capacity. The laws of most countries enable substitute decision makers (SDMs) to consent on behalf of incapable adults to research participation. We compare regulatory frameworks governing capacity, research, and personal data protection across eight countries to determine when SDMs can consent to data sharing...
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852559/clinical-genomics-big-data-and-electronic-medical-records-reconciling-patient-rights-with-research-when-privacy-and-science-collide
#17
Jennifer Kulynych, Henry T Greely
Widespread use of medical records for research, without consent, attracts little scrutiny compared to biospecimen research, where concerns about genomic privacy prompted recent federal proposals to mandate consent. This paper explores an important consequence of the proliferation of electronic health records (EHRs) in this permissive atmosphere: with the advent of clinical gene sequencing, EHR-based secondary research poses genetic privacy risks akin to those of biospecimen research, yet regulators still permit researchers to call gene sequence data 'de-identified', removing such data from the protection of the federal Privacy Rule and federal human subjects regulations...
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852558/reflecting-the-human-nature-of-ivf-embryos-disappearing-women-in-ethics-law-and-fertility-practice
#18
Jenni Millbank
Many laws and ethical documents instruct us that disembodied embryos created through IVF processes are not mere tissue; they are 'widely regarded' as unique objects of serious moral consideration. Even in jurisdictions which disavow any overt characterization of embryonic personhood, the embryo, by virtue of its uniqueness and orientation toward future development, is said to have a 'special status' or command 'respect'. The woman whose desire for a child or children created this embryo, and who inhabits the body to whom it may one day be returned, is an omission or at best an afterthought in such frameworks...
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852557/mitochondrial-replacement-techniques-and-mexico-s-rule-of-law-on-the-legality-of-the-first-maternal-spindle-transfer-case
#19
César Palacios-González, María de Jesús Medina-Arellano
News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level...
April 2017: Journal of Law and the Biosciences
https://www.readbyqxmd.com/read/28852556/promoting-healthcare-innovation-on-the-demand-side
#20
Rebecca S Eisenberg, W Nicholson Price
Innovation policy often focuses on fortifying the incentives of firms that develop and sell new products by offering them lucrative rights to exclude competitors from the market. Regulators also rely on these same firms-and on similar incentives-to develop information about the effects of their products in patients, despite their obvious conflict of interest. The result may be a distorted understanding that leads to overuse of expensive new medical technologies. Recent technological advances have put healthcare payers in an excellent position to play a larger role in future innovation to improve healthcare and reduce its costs...
April 2017: Journal of Law and the Biosciences
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