From control over one's body to control over one's body parts: extending the doctrine of informed consent
Article Abstract:
The informed consent doctrine should be expanded to include potential use of a patient's bodily parts, giving the patient control over that use. Such control was denied in Moore v Regents of the University of California, wherein tissue from John Moore was developed into a therapeutic cell line and patented without Moore's knowledge or financial benefit. As biotechnology develops, such instances will probably become more common, and informed consent is justified at least on dignitary grounds regardless of property rights.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Copyright protection, privacy rights, and the fair use doctrine: the post-Salinger decade reconsidered
Article Abstract:
A limited exception to fair use doctrine should be recognized by courts, an exception based on privacy considerations and one that would apply to unpublished materials that were never intended to be publicly disseminated. The exception should be further limited to cases in which the author objects during his or her lifetime and in which the author has attempted to maintain the privacy of the material in question. Salinger v. Random House Inc. is a paradigmatic case that would come under the proposed exception.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Incremental identities: libel-proof plaintiffs, substantial truth, and the future of the incremental doctrine
Article Abstract:
State courts should recognize and apply the incremental harm doctrine in libel suits. The US Supreme Court indicated that state courts must accept and apply the doctrine before it is recognized uniformly at the federal level. The incremental harm doctrine will not supplant other libel defenses but will diminish media defendants' fear of defending their constitutional rights by curtailing legal costs.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: From group rights to individual liberties: post-war labor law, liberalism, and the waning of union strength. Exploding the original myth regarding employment-at-will: the true origins of the doctrine
- Abstracts: Method to the merger madness: revisiting the '80s takeover boom. The politics of public lands
- Abstracts: From jeans to genes: the evolving nature of property of the estate. It's all fun and games until somebody declares bankruptcy: a debtor's right to season ticket holder status
- Abstracts: Freedom of contract and labor law reform: opening up the possibilities for value-added unionism. The politics of labor regulation in North America: a reconsideration of labor law enforcement in Mexico
- Abstracts: Getting up to speed on net law: opening an Internet site involves some traditional legal considerations. Inside story on trade secrets