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Genetics and the Law

Genetics and the Law

Authors
Publisher Springer, Berlin
Year
Pages 532
Version paperback
Language English
ISBN 9781468422313
Categories Legal history
Delivery to United States

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Book description

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted.

Genetics and the Law

Table of contents

The Fetus and the Newborn.- Legal Status of the Fetus.- The Fetus and the Law.- The Legal Aspects of Fetal Viability.- Discussion Papers of M.W. Shaw, H.P. Green and L.H. Glantz Principal Discussants: F.D. Frigoletto, N.L. Chayet, S. Bok and A.J. Dyck.- General Discussion.- Medico-Legal Issues in Prenatal Genetic Diagnosis.- Discussion.- Karyotype, Predictability and Culpability.- Geneticophobia and the Implications of Screening for the XYY Genotype in Newborn Infants.- Discussion Papers of A.M. Dershowitz and E.B. Hook Principle Discussant: J.R. Beckwith.- General Discussion.- Genetic Counseling - Mass Population Screening for Homozygotes and Heterozygotes.- Medicolegal Aspects of Genetic Counseling.- Problems of Informed Consent and Confidentiality in Genetic Counseling.- Discussion Papers of K. Hirschhorn and G.J. Annas Principal Discussants: S.S. Gellis and S.J. Reiser.- General Discussion.- Problems in Genetic Screening Which Confront the Law.- The Liability of Physicians and Associated Personnel for Malpractice in Genetic Screening.- State Supported Mass Genetic Screening Programs.- Discussion Papers of H.L. Levy, J.R. Waltz and P. Reilly Principal Discussant: R.W. Erbe.- General Discussion.- Genetics and Family Law.- Artificial Insemination by Donor - Status and Problems.- Legal Aspects of Artificial Insemination by Donor and Paternity Testing.- The Current Status of Paternity Testing.- Discussion Papers of D.P. Goldstein, J.M. Healey and A.A. Konugres General Discussion.- Genetic Counseling for Couples Who Are First Cousins.- State Channeling of Gene Flow by Regulation of Marriage and Procreation.- Voluntary Sterilization of the Mentally Retarded.- Discussion Papers of L.B. Holmes, S. Lederberg and C.H. Baron General Discussion.- Rights and Responsibilities of the Insurer.- Discussion Principle Discussant: G.W. Melcher.- General Discussion.- Research and Experimentation - In Vitro Fertilization - Clonal Man.- The Social Control of Science.- Discussion Principal Discussant: B.D. Davis.- General Discussion.- Experimentation and Human Genetics: Problems of "Consent".- Discussion Principal Discussant: S.L. Chorover.- General Discussion.- On Legislating Fetal Research.- Discussion Principal Discussant: M.J. Mahoney.- In Vitro Fertilization - A Legal Perspective.- Law and Cloning - The State as Regulator of Gene Function.- The Psychopathology of Clonal Man.- Discussion Papers of P. Reilly, S. Lederberg and L. Eisenberg Principal Discussant: M.W. Wartofsky.- General Discussion.- Eugenics, Ethics, Law and Society.- Biological Roots of Ethical Principles.- On the Necessity of Legislating Morality for Genetic Decisions.- Why Shouldn't We Have a Eugenic Policy?.- Discussion Papers of S.E. Luria, S. Callahan and M. Lappe General Discussion.- Authorizing Death for Anomalous Newborns.- Discretionary Non-Treatment of Defective Newborns.- From Social Movement to Clinical Medicine - The Role of Law and the Medical Profession in Regulating Applied Human Genetics.- Discussion Papers of R.A. Burt, J.A. Robertson and J.R. Sorenson General Discussion.- Contributors.

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