front cover of About Abortion
About Abortion
Terminating Pregnancy in Twenty-First-Century America
Carol Sanger
Harvard University Press, 2017

One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women’s willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman’s desire to control personal information, and abortion secrecy, a woman’s defense against the many harms of disclosure.

Laws regulating abortion patients and providers treat abortion not as an acceptable medical decision—let alone a right—but as something disreputable, immoral, and chosen by mistake. Exploiting the emotional power of fetal imagery, laws require women to undergo ultrasound, a practice welcomed in wanted pregnancies but commandeered for use against women with unwanted pregnancies. Sanger takes these prejudicial views of women’s abortion decisions into the twenty-first century by uncovering new connections between abortion law and American culture and politics.

New medical technologies, women’s increasing willingness to talk online and off, and the prospect of tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent and acceptable, women’s decisions about whether or not to become mothers will be treated more like those of other adults making significant personal choices.

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Children and Drug Safety
Balancing Risk and Protection in Twentieth-Century America
Connolly, Cynthia A
Rutgers University Press, 2018
Winner of the 2018 Arthur J. Viseltear Award from the Medical Care Section of the American Public Health Association​

Children and Drug Safety traces the development, use, and marketing of drugs for children in the twentieth century, a history that sits at the interface of the state, business, health care providers, parents, and children. This book illuminates the historical dimension of a clinical and policy issue with great contemporary significance—many of the drugs administered to children today have never been tested for safety and efficacy in the pediatric population.
 
Each chapter of Children and Drug Safety engages with major turning points in pediatric drug development; themes of children’s risk, rights, protection and the evolving context of childhood; child-rearing; and family life in ways freighted with nuances of race, class, and gender. Cynthia A. Connolly charts the numerous attempts by Congress, the Food and Drug Administration, the American Academy of Pediatrics, and leading pediatric pharmacologists, scientists, clinicians, and parents to address a situation that all found untenable. 


Open access edition funded by the National Endowment for the Humanities.

The text of this book is licensed under a Creative Commons Attribution NonCommercial-NoDerivatives 4.0 International License: https://creativecommons.org/licenses/by-nc-nd/4.0/ 
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Ethics and Law for Neurosciences Clinicians
Foundations and Evolving Challenges
James E. Szalados
Rutgers University Press, 2019
The brain represents the final frontier in medical sciences. Clinical neurosciences include the subspecialties of neurology, neurosurgery, neuro-imaging, cerebrovascular interventional specialties, neurocritical care, and the allied specialties in pharmacy and nursing. The first lens through which we see our patients is the clinical perspective; however, the complexity of neurosciences and the rapidity of the advances in these subspecialties require that clinicians not lose sight of the personhood of the patients, the professionalism required in the care of these complex patients, or the regulatory environment in which we practice. Science and technology are advancing more rapidly than regulations or the law can interpret and integrate them into a supportive or regulatory framework.  Thus, morality, ethics, and the law comprise the final lens through which we approach complex patient management issues, frame our communications with patients and families, and evaluate the risks and potential benefits of new technology. Ethics and Law for Neurosciences Clinicians is written for all clinicians in the neurosciences specialties to examine and re-examine the ethical and legal implications of advances in clinical neurosciences. 
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Global Health Security
A Blueprint for the Future
Lawrence O. Gostin
Harvard University Press, 2021

With lessons learned from COVID-19, a world-leading expert on pandemic preparedness proposes a pragmatic plan urgently needed for the future of global health security.

The COVID-19 pandemic revealed how unprepared the world was for such an event, as even the most sophisticated public health systems failed to cope. We must have far more investment and preparation, along with better detection, warning, and coordination within and across national boundaries. In an age of global pandemics, no country can achieve public health on its own. Health security planning is paramount.

Lawrence O. Gostin has spent three decades designing resilient health systems and governance that take account of our interconnected world, as a close advisor to the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and many public health agencies globally. Global Health Security addresses the borderless dangers societies now face, including infectious diseases and bioterrorism, and examines the political, environmental, and socioeconomic factors exacerbating these threats. Weak governance, ineffective health systems, and lack of preparedness are key sources of risk, and all of them came to the fore during the COVID-19 crisis, even—sometimes especially—in wealthy countries like the United States. But the solution is not just to improve national health policy, which can only react after the threat is realized at home. Gostin further proposes robust international institutions, tools for effective cross-border risk communication and action, and research programs targeting the global dimension of public health.

Creating these systems will require not only sustained financial investment but also shared values of cooperation, collective responsibility, and equity. Gostin has witnessed the triumph of these values in national and international forums and has a clear plan to tackle the challenges ahead. Global Health Security therefore offers pragmatic solutions that address the failures of the recent past, while looking toward what we know is coming. Nothing could be more important to the future health of nations.

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Hard Science, Hard Choices
Facts, Ethics, and Policies Guiding Brain Science Today
Sandra Ackerman
Dana Press, 2006
Advances in neuroscience research are rapidly bringing new and complex issues to the forefront of medical and social ethics, and scholars from diverse fields have been coming together to debate the issues at stake. Acclaimed science writer Sandra Ackerman witnessed one such gathering, and here she skillfully synthesizes those proceedings into a concise presentation of the challenges that neuroscience and neuroethics currently face. 

Top scholars and scientists in neuroscience and ethics convened at the Library of Congress in Washington, D.C., in May 2005. They included Michael Gazzaniga, director of the Center for Cognitive Neuroscience at Dartmouth College; Marcus Raichle of the Washington University School of Medicine in St. Louis; Harvard University provost Steven Hyman; Judy Illes, cofounder of the Stanford Brain Research Center; University of Virginia bioethicist Jonathan Moreno; Stacey Tovino of the Health Law and Policy Institute at the University of Houston Law Center; and Stanford law professor Hank Greely.  

Ackerman weaves the invigorating arguments and discussions among these and other prominent scholars into a seamless and dynamic narrative. She reveals the wide array of issues that have emerged from recent research, including brain imaging, free will and personal responsibility, disease diagnosis and prediction, brain enhancement, and the potential social, political, and legal ramifications of new discoveries. Translating these complex arguments into an engrossing account of neuroethics, she offers a rare view of science—and ethics—in the making.
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Law and Bioethics
An Introduction
Jerry Menikoff
Georgetown University Press, 2001

While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation.

Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.

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The Law of Life and Death
Elizabeth Price Foley
Harvard University Press, 2011

Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.

Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.

In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.

Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.

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Life-Altering
Abortion Stories from the Midwest
Angie Leventis Lourgos
University of Missouri Press, 2023
The demise of Roe v. Wade dramatically altered abortion access across the United States, igniting a new era of polarization over reproductive rights as roughly half of all states moved to ban or significantly restrict terminating a pregnancy. Yet even before the U.S. Supreme Court case Dobbs v. Jackson Women’s Health Organization eliminated the constitutional right to an abortion on June 24, 2022, people across large swaths of the country were already facing enormous obstacles to ending a pregnancy, including mandatory waiting periods, early gestational limits, and a dearth of abortion providers. Life-Altering: Abortion Stories from the Midwest shares the narratives of women who have terminated pregnancies, despite these barriers, chronicling how laws and court cases can shape the lives and reproductive decisions of individuals.

Based on her coverage of reproductive rights for the Chicago Tribune, veteran journalist Angie Leventis Lourgos explores these personal accounts to delve into the most nuanced aspects of abortion, from life-threatening cases to terminations later in gestation to restrictions for minors. The reporting spans the time before Roe and continues through the first year after the landmark Supreme Court case’s stunning reversal, which spurred some of the most stringent abortion laws of the past half-century—as well as new and innovative means of access.

From interviews Lourgos conducted with women across the Midwest, Life-Altering examines different facets of abortion from the perspectives of those who ended their pregnancies, illustrating how court cases, state legislation, and religious beliefs can affect the lives and reproductive choices of ordinary people. By looking at myriad factors that influence the decision whether or not to abort a pregnancy— be they socio-economic, religious, legal, or medical—the accounts collected in this volume challenge the conventional labels of “pro-life” and “pro-choice .”
 
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front cover of Litigating Health Rights
Litigating Health Rights
Can Courts Bring More Justice to Health?
Alicia Ely Yamin
Harvard University Press, 2011

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes.

The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

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The Medical Malpractice Myth
Tom Baker
University of Chicago Press, 2005
American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to continue to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim.

This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually a great deal more medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Are these lawsuits frivolous? Very rarely. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold about medical malpractice and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.

President Bush has made medical malpractice reform a priority in his last term in office, but if history is any indication, legislative reform would only worsen the situation and perpetuate the gross misunderstanding of it. The debate surely will be transformed by The Medical Malpractice Myth, a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.
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Speaking for the Dying
Life-and-Death Decisions in Intensive Care
Susan P. Shapiro
University of Chicago Press, 2019
Seven in ten Americans over the age of age of sixty who require medical decisions in the final days of their life lack the capacity to make them. For many of us, our biggest, life-and-death decisions—literally—will therefore be made by someone else. They will decide whether we live or die; between long life and quality of life; whether we receive heroic interventions in our final hours; and whether we die in a hospital or at home. They will determine whether our wishes are honored and choose between fidelity to our interests and what is best for themselves or others. Yet despite their critical role, we know remarkably little about how our loved ones decide for us.
             
Speaking for the Dying
tells their story, drawing on daily observations over more than two years in two intensive care units in a diverse urban hospital. From bedsides, hallways, and conference rooms, you will hear, in their own words, how physicians really talk to families and how they respond. You will see how decision makers are selected, the interventions they weigh in on, the information they seek and evaluate, the values and memories they draw on, the criteria they weigh, the outcomes they choose, the conflicts they become embroiled in, and the challenges they face. Observations also provide insight into why some decision makers authorize one aggressive intervention after the next while others do not—even on behalf of patients with similar problems and prospects. And they expose the limited role of advance directives in structuring the process decision makers follow or the outcomes that result.
           
Research has consistently found that choosing life or death for another is one of the most difficult decisions anyone can face, sometimes haunting families for decades. This book shines a bright light on a role few of us will escape and offers steps that patients and loved ones, health care providers, lawyers, and policymakers could undertake before it is too late.
 
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