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Gendered Effects of U.S. Pandemic Border Policy on Migrants from Central America
Medha D. Makhlouf
The journeys of women and girl migrants traveling over land to the United States are made more precarious because of their gender. They are more vulnerable than men and boys to many risks, among them sexual violence, sex trafficking, and labor trafficking. At the start of the COVID-19 outbreak in the United States in March 2020, public health authorities invoked an obscure statute to virtually halt asylum processing at its southern border, a policy known as “Title 42.” Hundreds of thousands of asylum seekers have been expelled under this policy and now face longer journeys and new challenges. Title 42 purports to address a global public health issue but exacerbates another: violence against migrant women and girls from the Global South, primarily Central America. It is an example of how public health policy can reinforce preexisting advantage and disadvantage, compounding negative consequences for subordinated groups.
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The Development, Implementation, and Oversight of Artificial Intelligence in Health Care: Legal and Ethical Issues
Jenna Becker, Sara Gerke, and I. Cohen
Artificial Intelligence (AI), especially of the machine learning (ML) variety, is used by health care organizations to assist with a number of tasks, including diagnosing patients and optimizing operational workflows. AI products already proliferate the health care market, with usage increasing as the technology matures. Although AI may potentially revolutionize health care, the use of AI in health settings also leads to risks ranging from violating patient privacy to implementing a biased algorithm. This chapter begins with a broad overview of health care AI and how it is currently used. We then adopt a “lifecycle” approach to discussing issues with health care AI. We start by discussing the legal and ethical issues pertaining to how data to build AI are gathered in health care settings, focusing on privacy. Next, we turn to issues in algorithm development, especially algorithmic bias. We then discuss AI deployment to treat patients, focusing on informed consent. Finally, we will discuss existing oversight mechanisms for health AI in the United States: liability and regulation.
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Ethical and Legal Issues in Artificial Intelligence-Based Cardiology
Sara Gerke
Intelligence-Based Cardiology and Cardiac Surgery: Artificial Intelligence and Human Cognition in Cardiovascular Medicine provides an especially timely multidisciplinary and comprehensive survey of artificial intelligence concepts and methodologies. It includes real-life applications in adult and pediatric cardiovascular medicine, spanning the life span from fetus to adult. Led by a senior cardiologist–data scientist and supported by renowned data scientists and cardiac clinicians with an ardent passion for artificial intelligence in cardiovascular medicine, the book provides a clinical interface between the medical and data science domains that is symmetric and realistic.The content consists of basic concepts and applications of artificial intelligence and human cognition in cardiology and cardiac surgery. This portfolio ranges from big data to machine and deep learning, as well as cognitive computing and natural language processing in cardiac disease states such as heart failure, hypertension, and pediatric cardiac care. Artificial intelligence tools are described from the intensive care unit setting to other venues, such as the outpatient clinic, catheterization laboratory, and operating room. Future applications in related areas, such as large language models, extended reality, and digital twins, are also discussed. The book encompasses more than 50 chapters written by cardiologists or cardiac surgeons. Each chapter provides sections on the current state of the art and future directions and concludes with major takeaways. A robust compendium of practical resources, such as a comprehensive glossary, best references, and other resources, is also included.The book narrows the knowledge and expertise chasm between data scientists, cardiologists, and cardiac surgeons, inspires these clinicians to embrace artificial intelligence methodologies, and educates data scientists about the cardiac ecosystem to create a transformational paradigm for cardiovascular healthcare that improves patient outcomes.
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Ethical and Legal Challenges of Digital Medicine in Pandemics
Timo Minssen and Sara Gerke
The Covid-19 pandemic and the resulting restrictions on mobility, contact bans, mobile phone surveillance apps, and other strategies for containment of infection chains have led to a clear increase in the use of digital applications in public and private healthcare in the past year. Improved data analysis in the research, development, and testing of new therapies, as well as the growing potential of artificial intelligence for rapidly developed diagnostic methods and vaccine candidates, has also resulted in increased demand and application of digital aids among doctors, patients, hospitals, researchers, and companies. However, the use of these technical innovations has been accompanied by socio-economic and political discussions as well as lively ethical and legal debates. Issues such as data protection, cyber security, consent, transparency, discrimination, ownership, and a fair distribution and access to digital opportunities play an important role here. This chapter discusses central ethical and legal issues using concrete examples and provides an in-depth discussion of selected issues that not only illustrate ethical and legal problem areas and risks, but also show possible solutions.
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Digital Home Health During the COVID-19 Pandemic Challenges to Safety, Liability, and Informed Consent, and the Way to Move Forward
Sara Gerke
In this chapter, I will first give an overview of the promise of digital home health. I will then discuss the regulation of digital home health before and during COVID-19 in the context of the US Federal Food, Drug, and Cosmetic Act (FDCA). This will be followed by a discussion of three digital home health challenges during the pandemic: 1) safety, 2) liability, and 3) informed consent. In this context, I will also make suggestions on how to move forward.
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The Ethics and Laws of Medical Big Data
Hrefna Gunnarsdottir, I. Cohen, Timo Minssen, and Sara Gerke
The COVID-19 pandemic has highlighted that leveraging medical big data can help to better predict and control outbreaks from the outset. However, there are still challenges to overcome in the 21st century to efficiently use medical big data, promote innovation and public health activities and adequately protect individuals’ privacy. The metaphor that property is a “bundle of sticks” applies equally to medical big data. Understanding medical big data in this way raises a number of questions, including: Who has the right to make money off its buying and selling, or is it inalienable? When does medical big data become sufficiently stripped of identifiers that the rights of an individual concerning the data disappear? How have different regimes such as the General Data Protection Regulation in Europe and the Health Insurance Portability and Accountability Act in the US answered these questions differently? In this chapter, we will discuss three topics: (1) privacy and data sharing, (2) informed consent, and (3) ownership.
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Ethische und rechtliche Herausforderungen digitaler Medizin in Pandemien
Timo Minssen and Sara Gerke
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Naturwissenschaftliche, ethische und rechtliche Empfehlungen zur klinischen Translation der Forschung mit humanen induzierten pluripotenten Stammzellen und davon abgeleiteten Produkten
Sara Gerke, Solveig Hansen, Verena Blum, Stephanie Bur, Clemens Heyder, Christian Kopetzki, Ina Meiser, Julia Neubauer, Danielle Noe, Claudia Steinböck, Claudia Wiesemann, Heiko Zimmermann, and Jochen Taupitz
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Eine rechtsvergleichende Analyse der klinischen Translation von hiPS-Zellen in Deutschland und Österreich
Sara Gerke, Christian Kopetzki, Verena Blum, Danielle Noe, and Claudia Steinböck
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Ethical and Legal Challenges of Artificial Intelligence-Driven Healthcare
Sara Gerke, Timo Minssen, and I. Cohen
The Covid-19 pandemic and the resulting restrictions on mobility, contact bans, mobile phone surveillance apps, and other strategies for containment of infection chains have led to a clear increase in the use of digital applications in public and private healthcare in the past year. Improved data analysis in the research, development, and testing of new therapies, as well as the growing potential of artificial intelligence for rapidly developed diagnostic methods and vaccine candidates, has also resulted in increased demand and application of digital aids among doctors, patients, hospitals, researchers, and companies. However, the use of these technical innovations has been accompanied by socio-economic and political discussions as well as lively ethical and legal debates. Issues such as data protection, cyber security, consent, transparency, discrimination, ownership, and a fair distribution and access to digital opportunities play an important role here. This chapter discusses central ethical and legal issues using concrete examples and provides an in-depth discussion of selected issues that not only illustrate ethical and legal problem areas and risks, but also show possible solutions.
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Die klinische Anwendung von humanen induzierten pluripotenten Stammzellen
Sara Gerke, Jochen Taupitz, Claudia Wiesemann, Christian Kopetzki, and Heiko Zimmermann
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Destigmatizing Disability in the Law of Immigration Admissions
Medha D. Makhlouf
In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from the norm. This chapter contributes to the scholarly literature on disability rights and immigration by examining the strengths and limitations of adopting a destigmatizing account of disablement in the context of immigration admissions. Such an approach, which characterizes disablement as a “mere difference” as opposed to a “bad difference,” would build on the momentum that has liberalized disability-related immigration exclusions over the years. Framing disability as a valued form of diversity, while acknowledging its inherent costs, would be a promising first step toward characterizing immigrants with disabilities as valuable and contributing members of society, and supporting a more just societal allocation of the economic costs of disability.
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A Survey of Legal Ethics Education in Law Schools
Laurel S. Terry
This book chapter, which was published in 2000, provides an overview of legal ethics education in U.S. law schools. Since 1974, legal ethics instruction has been required in law schools by the major accrediting body for law schools. The methods by which this requirement has been satisfied vary, but the result is a much richer ethics literature than existed previously and a variety of approaches to the topic. This book chapter begins with an overview of the regulation of U.S. lawyers. The second section discusses the history of the legal ethics course requrirement. This section includes data from surveys published in 1985 and 1994 regarding legal ethics education in U.S. law schools. The third section discusses the growth of interest in legal ethics as a subject matter, including the increase in available casebooks and secondary literature. The fourth section presents information about the variety of approaches used to satisfy the legal ethics education requirement. The appendix following the article is entitled "Selected References" and lists many of the available casebooks, treatises, journals devoted to legal ethics, and selected journal articles.
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Patent Hold-ups
Daryl Lim
"This chapter explores holdups in the standard setting organization (SSO) and non-SSO setting."
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Unilateral Conduct and Standards
Daryl Lim
This chapter examines how antitrust law and patent law have responded to unilateral conduct by patentees in the standards-setting context. Its principal focus is on deception as a form of unilateral abusive conduct that may be sanctioned under the antitrust laws. That deception is often referred to as “patent ambush.” It involves “deceiving buyers or keeping them in the dark about the terms on which a technology will be available subverts the competitive process.”
In the standards context, patentees may induce SSOs to adopt their technology through false assurances or by failing to disclose patents or patent applications when required to do so by SSO policies. In Research in Motion v. Motorola the court observed that “when an entity side-steps these safeguards in an effort to return the standard to its natural anti-competitive state, anticompetitive effects are inevitable.” These effects may take the form of higher royalties or the loss of cheaper alternative technologies through a corrupted selection process.
That is, during the critical competitive period that precedes adoption of a standard, “technologies compete in discrete areas, such as cost and performance characteristics. Misrepresentations concerning the cost of implementing a given technology may confer an unfair advantage and bias the competitive process in favor of that technology’s inclusion in the standard. For example, intentional concealment might deprive an SSO of an opportunity to design around patented technologies in developing standard. Deceit thus creates economic inefficiency by causing consumers to shoulder the burden of higher prices in the end products they buy, and by forcing implementers to exit the market.
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Defending Your Country . . . and Gender – Legal Challenges and Opportunities Confronting Women in the Military
Amy Gaudion
This book explores cultural constructs, societal demands and political and philosophical underpinnings that position women in the world. It illustrates the way culture controls women's place in the world and how cultural constraints are not limited to any one culture, country, ethnicity, race, class or status. Written by scholars from a wide range of specialists in law, sociology, anthropology, popular and cultural studies, history, communications, film and sex and gender, this study provides an authoritative take on different cultures, cultural demands and constraints, contradictions and requirements for conformity generating conflict. Women, Law and Culture is distinctive because it recognizes that no particular culture singles out women for 'special' treatment, rules and requirements; rather, all do. Highlighting the way law and culture are intimately intertwined, impacting on women – whatever their country and social and economic status – this book will be of great interest to scholars of law, women’s and gender studies and media studies. Keywords
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International Criminal Law
Gail A. Partin
The Electronic Resource Guide, often called the ERG, has been published online by ASIL since 1997. Systematically updated and continuously expanded, the ERG is designed to be used by students, teachers, practitioners, and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels.
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