Spring 2009
Andrea Bonnicksen,
Zulauf 401 (753-7059), albcorn@niu.edu
What is the process by
which the law responds to and anticipates developments in rapidly changing
biomedical technologies? In this course we will cover significant judicial
opinions and legislative activities in the area of biomedical law and ethics. You
can expect to gain an appreciation of how the law changes over time; an
awareness of the role of professional associations in policy making; practice in interpreting legal documents and
making legal arguments; and greater understanding of the issues underlying reproductive
technologies, end of life decision making, genetic testing, and other matters prominent
in contemporary society.
TEXTBOOK:
Barry R. Furrow, et al. Bioethics: Health Care Law and Ethics.
Thomson/West, 2008. 6th
edition.
JANUARY 13, 15 INTRODUCTION
Principles of bioethics, 1-5
Theories of bioethics, 5-11
New approaches to bioethics, 11-14
Codes of ethics, 14-19
Relationship between ethics and law, 19-22
JANUARY 20, 22 DEFINING PERSONHOOD
Attributes of being a person, 23-31
Constitutional, statutory, common law dimensions, 31-39
JANUARY 27, 29 FEBRUARY
3, 5, 10, 12 ASSISTED REPRODUCTIVE TECHNOLOGIES
Introduction, 99-105
Uniform Parentage Act, 105-107
Frozen embryos (Davis
v. Davis), 120-133
Surrogacy (In re
Baby M, Johnson v. Calvert), 133-150)
Reproductive cloning, 158-162
Stem cell research, 163-166
FEBUARY 17, 19 FETAL-MATERNAL
DECISION-MAKING
In re AC, 166-176
FEBRUARY 24, 26 LEGAL ISSUES IN HUMAN GENETICS
Introduction, 189-198
Privacy issues, 203-204
Discrimination, 204-206
Genetic screening of newborns, 215-216
MARCH 3 MIDTERM EXAM
MARCH 5, 17
DEFINING DEATH
Development of brain death definition, 217-226
Organ donation (In
re TACP), 226-229
MARCH 19, 24, 26,
31, APRIL 2, 7, 9 DECISIONS NEAR THE END OF LIFE
Constitutional dimensions (Cruzan v. Director), 245-261
Competent patients (Bouvia v. Superior Court), 261-269
Determining competency, 279-283
Advance directives and proxies, 287-294
When preferences are not known (In re Conroy), 304-305)
When families disagree (Guardianship of Schiavo), 325-331
When a person was never competent (Belchertown v. Saikewicz), 334-336
When a person was never competent (In re Storar), 336-338
Deciding for children (Newmark v. Williams), 342-348
Physician-assisted suicide (Washington v. Glucksberg), 374-385
APRIL 14, 16 ALLOCATING SCARCE HUMAN ORGANS
Selecting recipients, 456-458
Regulatory dimensions, 458-463
APRIL 21, 23, 28, 30 GOVERNMENT LIMITS
ON REPRODUCTION
Contraception, 39-43
Abortion (Roe v.
Wade), 47-53
Abortion (Planned
Parenthood v. Casey), 53-62 skim
Sterilization, 83-76
Wrongful birth, life, conception, 87-99
MAY 5 FINAL EXAM
SOME USEFUL
WEBSITES
www.oyez.org
(
http://thomas.loc.gov
(legislative, executive, judicial branches)
www.uscourts.gov
(all courts)
supremecourtus.gov
(U.S. Supreme Court)
www.bioethics.upenn.edu
See dai ly New
York Times for coverage of legal biomedical issues
GRADES AND OTHER
MATTERS
Grades will be based on two exams worth 55 points each,
7 short papers worth 10 points each, and a participation/attendance score worth
20 points. The points and due dates are:
Short paper 1 10 points January 22
Short paper 2 10
points February 5
Short paper 3 10
points February 19
Midterm exam
55 points March 3
Short paper 4 10 points March 5
Short paper 5 10
points March 26
Short paper 6 10
points April 9
Short paper 7 10
points April 23 (hand
in all papers)
Final exam 55
points May 5
Attendance/participation 20
points
______
200 points
180– 200 = A; 160 – 179 = B; 140 - 159 = C; 120 – 139 = D; below l20 = F
Exams. -- The midterm exam is scheduled for March 5 and the final exam for
May 5. Information about the nature of the exams will be given ahead of time. Make-up
exams will be given only for documented serious illness or a death in the
family and only if you contact me AHEAD of the exam (753-7059 -- leave a
message if necessary).
Short papers. – This set of assignments provides a setting for you actively to think about questions posed in the book. It will give practice in developing arguments, addressing counter-arguments, and clarifying your own positions on biomedical issues. Every two weeks I will give to you in class a topic upon which to write (the topic will also be posted on BlackBoard. The topic will normally come from questions posed in the textbook.
Every two weeks you will then submit a typed paper of 1-1/2 to 2 double spaced typed (NOT double-double spaced) pages with normal one-inch margins. If there is a choice of questions to address, please let me know briefly at the top of the first page the topic of your entry and relevant page number(s) from the book. In the paper, you should seriously grapple with the legal dimensions of the question and reveal the nuances of your thinking. You should also come up with clear and supported conclusions. You are welcome to customize your papers (e.g., use images) as long as you include 1-1/2 to 2 pages of text. If you use outside sources, give a full citation so I can look up the source if necessary. All papers will be scanned through SafeAssign, a program in the BlackBoard system. Details will be given during the first 2 weeks of class.
Each entry will be due in hard copy in class. If you cannot be in class that day, slide the entries under my door ahead of time in Zulauf 401. E-mailed entries will not be accepted. Late entries will not be accepted unless you have a serious and documented health problem and have contacted me ahead of time.
Each paper will be graded on a 10 point scale. Keep each paper in order to hand them all in together at the end of the semester (April 23) for an overall paper grade. The following will count in assigning a paper grade:
Participation. – All class
members are expected to read the material before it is covered in class and
participate in discussions that will revolve around questions posed by the
book’s authors. To encourage careful reading and informed discussion, 20 points
will be allocated as follows:
18 – 20 points = regular, informed
participation; 1 or 2 absences
16 – 17 points = occasional and thoughtful
participation; 3 or 4 absences
14 – 15 points = occasional participation; 5 absences
12 – 13 points = infrequent attendance (6 to 7
absences)
10 – 11 points = rare attendance
(8 to 10 absences)
5
points = more than 10 absences
Attendance credit is given to those who remain the
entire class session. Those who must
leave a few minutes early should mention this to me before class begins. I
appeal to the grace of individuals who are more talkative to raise their hands
to be recognized before speaking so that all students
may be given the opportunity to contribute. Occasionally students will be asked
to break into groups to discuss an issue or give a presentation in class.
Participation in these groups will count toward class participation.
Plagiarism. -- “The attempt of any student to present as his or her own work
that which he or she has not produced is regarded by the faculty and
administration as a serious offense. Students are considered to have cheated if
they copy the work or another during an examination or turn in a paper or an
assignment written, in whole or in part, by someone else. Students are guilty
of plagiarism, intentional or not, if they copy material from books, magazine,
or other sources or if they paraphrase ideas from such sources without
acknowledging them. Students guilty of, or assisting
others in, either cheating or plagiarism on an assignment, quiz, or examination
may receive a grade of F for the course involved and may be suspended or
dismissed from the university.” Northern
CAAR.-- NIU can make reasonable
accommodations for students with documented disabilities. Students with
disabilities for which they may need accommodations should contact the Center
for Access-Ability Resources (CAAR) on the fourth floor of the
Paper awards.-- The Department of
Political Science annually recognizes outstanding undergraduate papers written in
conjunction with 300-400 level political science courses (all majors are
welcome to compete). Winners are expected to attend the Department’s spring
graduation ceremony where they will receive a certificate and $50.00. Submit
three papers from any undergraduate political science class to a department
secretary in Zulauf 315 by February 28. All copies
should have two cover pages – one with the student’s name and one without. Only
papers written in the previous calendar
year (2008) can be considered for the 2009 award. However, papers completed in
the current spring semester are eligible for the 2008 competition even if the
author has graduated.