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New: Legal and Ethical Aspects of Medical Screening

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
The responsibilities of occupational physicians have changed and expanded over time. These obligations now include hazard evaluation and control, regulatory compliance, biologic monitoring, medical surveillance, descriptive epidemiology, substance abuse programs, employee assistance programs, workers' compensation and rehabilitation and accomodation of employees. Despite the importance of these roles, the paramount function of occupational physicians remains medical screening, the process by wh
Categories: Faculty, SSRN

New: DNA-Based Identity Testing and the Future of the Family: A Research Agenda

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
Many of the societal challenges associated with the genetic revolution rest on predictions about the effects of the future development and diffusion of technologies for manipulating the human genome. Identity testing is different. Relatively sophisticated techniques for identity testing using DNA currently exist, and these techniques are already creating conflicts and challenges for families and policymakers. More precisely, scientific advances and social trends are raising difficult questions a
Categories: Faculty, SSRN

New: Pharmacogenomics and the (Ir)Relevance of Race

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
Race, as opposed to ethnicity, is a predictor of questionable value for differences in susceptibility to, and pathogenesis of, disease susceptibility. As social constructs, however, both race and ethnicity are powerful organizing forces employed both by those who use differences to stigmatize and those who view differences as a source of pride, community, and shared history. Even as society acknowledges that humans are more alike than different, efforts to eliminate race in medical research are
Categories: Faculty, SSRN

New: Ethical and Legal Implications of Pharmacogenomics

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
Pharmacogenomics is the application of genomics technology to the discovery and development of drugs. A greater understanding of the way in which individuals with a particular genotype respond to a drug allows manufacturers to identify population subgroups that will benefit most from a particular drug. The increasing emphasis on pharmacogenomics is likely to raise ethical and legal questions regarding, among other things, the design of research studies, the construction of clinical trials and th
Categories: Faculty, SSRN

New: DNA-Based Identity Testing and the Future of the Family: A Research Agenda

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
Many of the societal challenges associated with the genetic revolution rest on predictions about the effects of the future development and diffusion of technologies for manipulating the human genome. Identity testing is different. Relatively sophisticated techniques for identity testing using DNA currently exist, and these techniques are already creating conflicts and challenges for families and policymakers. More precisely, scientific advances and social trends are raising difficult questions a
Categories: Faculty, SSRN

New: Pharmacogenomics and the (Ir)Relevance of Race

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
Race, as opposed to ethnicity, is a predictor of questionable value for differences in susceptibility to, and pathogenesis of, disease susceptibility. As social constructs, however, both race and ethnicity are powerful organizing forces employed both by those who use differences to stigmatize and those who view differences as a source of pride, community, and shared history. Even as society acknowledges that humans are more alike than different, efforts to eliminate race in medical research are
Categories: Faculty, SSRN

New: Ethical and Legal Implications of Pharmacogenomics

SSRN - Mark A. Rothstein - Sat, 02/06/2010 - 1:00am
Pharmacogenomics is the application of genomics technology to the discovery and development of drugs. A greater understanding of the way in which individuals with a particular genotype respond to a drug allows manufacturers to identify population subgroups that will benefit most from a particular drug. The increasing emphasis on pharmacogenomics is likely to raise ethical and legal questions regarding, among other things, the design of research studies, the construction of clinical trials and th
Categories: Faculty, SSRN

New: Predictive Genetic Testing for Alzheimer's Disease in Long-Term Care Insurance

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders - both monogenic and complex disorders. While astonshing progress has been made in gene discovery and development of genetic tests, progress has been much slower in developing medicial interventions. Consequently, there is likely a gap of varing and indeterminante time - lasting years or even decades - between the ability to identify and predict genetic risk and the abili
Categories: Faculty, SSRN

New: Genetic Testing, Genetic Medicine, and Managed Care

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the
Categories: Faculty, SSRN

New: Preventing the Discovery of Plaintiff Genetic Profiles by Defendants Seeking to Limit Damages in Per

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Imagine the following situation: Dr. Jane Smith is a thirty-five year-old neurosurgeon who entered private practice three years ago upon completion of her training. She has an annual income of $200,000. One day, while crossing the street from the doctors' parking lot to the hospital, she is run over by a Zippy Express delivery truck, whose unlicensed, intoxicated driver was speeding to a delivery and failed to stop for a red light. As a result of the accident, Dr. Smith has become quadriplegic a
Categories: Faculty, SSRN

New: Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Modern DNA identification techniques were developed in the United Kingdom in the mid-1980s, and were originally used in criminal investigations. It was not long before U.S. courts in criminal cases permitted expert testimony about the probablity of a match between a defandants DNA and DNA obtained from blood, semen, and other biological materials left at a crime scene. Within a mere decade of its first appearance in court, virtually every jurisdiction in the United States had held that DNA ide
Categories: Faculty, SSRN

New: Predictive Genetic Testing for Alzheimer's Disease in Long-Term Care Insurance

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders - both monogenic and complex disorders. While astonshing progress has been made in gene discovery and development of genetic tests, progress has been much slower in developing medicial interventions. Consequently, there is likely a gap of varing and indeterminante time - lasting years or even decades - between the ability to identify and predict genetic risk and the abili
Categories: Faculty, SSRN

New: Genetic Testing, Genetic Medicine, and Managed Care

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the
Categories: Faculty, SSRN

New: Preventing the Discovery of Plaintiff Genetic Profiles by Defendants Seeking to Limit Damages in Per

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Imagine the following situation: Dr. Jane Smith is a thirty-five year-old neurosurgeon who entered private practice three years ago upon completion of her training. She has an annual income of $200,000. One day, while crossing the street from the doctors' parking lot to the hospital, she is run over by a Zippy Express delivery truck, whose unlicensed, intoxicated driver was speeding to a delivery and failed to stop for a red light. As a result of the accident, Dr. Smith has become quadriplegic a
Categories: Faculty, SSRN

New: Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Modern DNA identification techniques were developed in the United Kingdom in the mid-1980s, and were originally used in criminal investigations. It was not long before U.S. courts in criminal cases permitted expert testimony about the probablity of a match between a defandants DNA and DNA obtained from blood, semen, and other biological materials left at a crime scene. Within a mere decade of its first appearance in court, virtually every jurisdiction in the United States had held that DNA ide
Categories: Faculty, SSRN

New: Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Modern DNA identification techniques were developed in the United Kingdom in the mid-1980s, and were originally used in criminal investigations. It was not long before U.S. courts in criminal cases permitted expert testimony about the probablity of a match between a defandants DNA and DNA obtained from blood, semen, and other biological materials left at a crime scene. Within a mere decade of its first appearance in court, virtually every jurisdiction in the United States had held that DNA ide
Categories: Faculty, SSRN

New: Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Modern DNA identification techniques were developed in the United Kingdom in the mid-1980s, and were originally used in criminal investigations. It was not long before U.S. courts in criminal cases permitted expert testimony about the probablity of a match between a defandants DNA and DNA obtained from blood, semen, and other biological materials left at a crime scene. Within a mere decade of its first appearance in court, virtually every jurisdiction in the United States had held that DNA ide
Categories: Faculty, SSRN

New: Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks

SSRN - Mark A. Rothstein - Fri, 02/05/2010 - 1:00am
Modern DNA identification techniques were developed in the United Kingdom in the mid-1980s, and were originally used in criminal investigations. It was not long before U.S. courts in criminal cases permitted expert testimony about the probablity of a match between a defandants DNA and DNA obtained from blood, semen, and other biological materials left at a crime scene. Within a mere decade of its first appearance in court, virtually every jurisdiction in the United States had held that DNA ide
Categories: Faculty, SSRN

New: Privacy and Confidentiality of Genetic Information: What Rules for the New Science?

SSRN - Mark A. Rothstein - Thu, 02/04/2010 - 1:00am
This review covers the ethical, legal, and policy issues associated with the generation and dissemination of genetic information. First, conceptual issues, such as the definition of terms and the description of two modes of analysis, are addressed. Research findings on public attitudes toward privacy and genetics and other factors relevant to policy making are also reviewed. Second, the example of genetic research is used to highlight the importance of attention to the intrinsic harms associated
Categories: Faculty, SSRN

New: Privacy and Confidentiality of Genetic Information: What Rules for the New Science?

SSRN - Mark A. Rothstein - Thu, 02/04/2010 - 1:00am
This review covers the ethical, legal, and policy issues associated with the generation and dissemination of genetic information. First, conceptual issues, such as the definition of terms and the description of two modes of analysis, are addressed. Research findings on public attitudes toward privacy and genetics and other factors relevant to policy making are also reviewed. Second, the example of genetic research is used to highlight the importance of attention to the intrinsic harms associated
Categories: Faculty, SSRN