Moore v. The Regents of the University of California: an ethical debate on informed consent and property rights in a patient's cells

Article Abstract:

The California Supreme Court's decision in Moore v. The Regents of the University of California, expands the informed consent doctrine based on policy considerations. Rejecting the plaintiff's claim of conversion, however, does not hold that the patient has property rights over removed tissue or cells. The Moore case requires the disclosure of the physician's personal interests unrelated to treatment, such as preexisting research interests and financial considerations.

Analysis, California, Informed consent (Medical law), Informed consent, Sale of organs, tissues, etc., Tissue selling (Medicine)

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A legislative challenge between private landowners and the Endangered Species Act

Article Abstract:

The US Supreme Court overreached when it allowed the US Fish and Wildlife Service's "harm" regulation regarding the takings clause of the Endangered Species Act to be applicable to private property owners. The Court recognized the potentially broad impact of its decision but did not attempt to restrict the scope of that impact. Congress should enact law shifting the costs of enforcement of the Act onto the federal government.

Endangered species, Regulatory taking (Law)

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"Business curtilage" and the Fourth Amendment: reconciling Katz with the common law

Article Abstract:

The 1967 US Supreme Court decision in Katz v. United States has not resolved Fourth Amendment search and seizure issues regarding physical areas immediately surrounding a business, known as curtilage. The Katz Court ruled Fourth Amendment protection applies to people, not places. A new ruling should define curtilage as applying only to homes, and thus be consistent with both Katz and common law.

Other Justice, Public Order, and Safety Activities, Privacy, Searches and seizures, Privacy, Right of, Right of privacy

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