Spring
2010
Andrea
Bonnicksen, Zulauf 401 (753-7059), albcorn@niu.edu
Office
Hours: T
This class examines emerging bioethical and legal principles
that govern novel and sometimes contentious biomedical developments. Although
some legal uncertainties posed by novel technologies are resolved with fairly
straightforward laws and judicial decisions, others evolve over a long period
or time or may never lead to a working consensus. Whether clarity or ambiguity
prevails, public debate and action revolve around an interdisciplinary
exploration of legal and bioethical precedents and approaches.
This semester we will examine conflicts in biomedicine
and the law relating to assisted reproductive technologies, organ procurement,
the legal status of biological tissues, end-of-life decision making, and other
topics. Using a legal casebook, we will review appellate court cases, state
statutes, model laws, professional association guidelines, and other sources of
authority that come into play as decision makers strive to craft guidelines
governing novel situations. For example, who is the legal parent in cases of
surrogacy when two or more persons have a biological link (genetic or
gestational) to the child in question?
Should family members have the authority to procure gametes from a dying
relative to enable posthumous reproduction? What legal interests, if any, do
patients have over tissues removed from their body during surgery that may
later prove to have financial value? What rights do children have in making
decisions about their own health care?
In this class you can expect to:
·
Practice critical thinking that will set the stage for
examining future legal disputes that intersect with biomedical ethics,
·
Gain skills in interpreting legal cases,
·
Further your understanding of the role of precedent in
the evolution of law, and
·
Appreciate the intermixing of legally binding sources of
law (constitutional, case, statutory, administrative) with non-legally binding
guidelines
Because the issues we discuss are in the news
frequently, you are encouraged to watch for legal developments reported in
reputable newspapers and other sources relating to biomedical ethics and the
law. In the week before this semester began, for example, items were published
in the New York Times regarding a
surrogate who refused to yield custody of a baby she bore for another couple, a
same-sex couple contesting motherhood for a child born through assisted
reproductive technologies, the Montana Supreme Court’s interpretation of a law
relating to physician-assisted suicide, and an essay calling for the right of
an individual to receive payment for giving a kidney to someone in need. You
are also encouraged to share websites and other information related to careers
in bioethics or health law (e.g., Google health or family law programs) or
interdisciplinary law programs (e.g., hospital administration/law/bioethics).
TEXTBOOK:
Barry R. Furrow, et al. Bioethics: Health Care Law and Ethics.
Thomson/West,
2008. 6th edition.
JANUARY 12, 14 INTRODUCTION -- BIOETHICS
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 19 INTRODUCTION
-- LEGAL TERMS
Casebooks, reading cases, writing a case brief
http://www.lawnerds.com/ugide/briefing.html
Nature of precedent
http://www.lectlaw.com/def2/p069.htm
Sample case McFall
v. Shimp 10
http://people.brandeis.edu/~teuber/lawmcfall1.html
http://people.brandeis.edu/~teuber/lawmcfall.html
State and federal court system
http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm
Justices on current US Supreme Court
http://www.oyez.org/courts/roberts/robt4
JANUARY 21 DEFINING PERSONHOOD
Attributes of being a person, 23-31
Constitutional, statutory, common law dimensions, 31-39
JAN. 26, 28, FEB. 2, 4, 9, 11 ASSISTED REPRODUCTIVE
TECHNOLOGIES
Introduction, 99-105
Uniform Parentage Act, 105-107, 117-120
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
FEBRUARY 16 EXAM 1
FEBUARY 18 FETAL-MATERNAL
DECISION-MAKING
In re AC, 166-176
FEBRUARY 23, 25,
MAR. 2 ORGAN ALLOCATION AND
PROCUREMENT
Concept of distributive justice, 451-455
Allocating scarce organs, 455-463
Procuring organs and tissues, 463-475
MARCH 4, 16 LEGAL ISSUES IN HUMAN
GENETICS
Introduction, 189-198
Privacy issues, 203-204
Discrimination, 204-206
Genetic screening of newborns, 215-216
MARCH 18, 23 DEFINING DEATH
Development of brain death definition, 217-226
Organ donation (In
re TACP), 226-229
MARCH 30 EXAM
2
MARCH 25, APRIL 1, 6, 8, 13 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), 304-307)
Active/passive, withdrawing/withholding distinctions,
307-311
When families disagree (Guardianship of Schiavo), 325-331
When a person was never competent (Belchertown v. Saikewicz), 334-338
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 15, 20
RESEARCH INVOLVING HUMAN
SUBJECTS
International norms, 405-410
Regulations in
Research with children, 435-436
Commercial elements of research, 442-446
APRIL 22, 27,
29 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 4 EXAM 3
SOME USEFUL
WEBSITES
www.oyez.org; www.supremecourtus.gov (
http://thomas.loc.gov (legislative,
executive, judicial branches)
www.uscourts.gov (all courts)
www.bioethics.upenn.edu (bioethics website)
http://www.bioethics.upenn.edu/news_archive.shtml
(news archive)
GRADES AND OTHER
MATTERS
Grades will be based on three exams worth 45 points
each, 3 short papers worth 15 points each, and a participation/attendance score
worth a possible 30 points. The points and due dates are:
Paper 1 15
points February 9
Exam 1 45
points February 16
Paper 2 15
points March 4
Exam 2 45 points March 30
Paper 3 15
points April 15
Exam 3 45
points May 4
Attendance/participation 30
points
______
210 points
189– 210 = A; 168 – 188 = B; 147 - 167 = C; 126 – 146 =
D; below 126 = F
Exams. – Exams are scheduled for February 16,
March 30, and May 4. They will be identification/short answer/essay; more
information will be given in class. 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. – Three papers
(due February 9, March 4, and April 15) will enable you to think about more
carefully about issues raised in the book and in class. They will give practice
in developing arguments, addressing counter-arguments, and clarifying your own
position. Paper topics will be posted one week before the due date. You will
have two questions to choose between. The papers will be typed and ~ 2 double
spaced typed (NOT double-double spaced) pages with normal one-inch margins. In
the papers, 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. If you use outside sources, give a full
citation so I can look up the source if necessary. You must scan all papers through SafeAssign (available in the
BlackBoard system).
Each
paper 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.
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, 30 points will be allocated as
follows:
27 – 30 points = regular, informed
participation; 1 or 2 absences
24 – 26 points = occasional and thoughtful
participation; 3 or 4 absences
21 – 23 points = occasional participation; 5
absences
18 – 20 points = infrequent attendance (6 to 7
absences)
14 – 17 points = rare attendance (8 to 10 absences)
0
- 8 points = more than 10 absences
Attendance credit is given to those who remain the
entire class session. 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,
opportunities for participation credit will be available for those who find it
difficult to volunteer in class (e.g. summarizing a case or making information
available to the class through an internet search).
Academic dishonesty. – According to the NIU Undergraduate Catalogue, “[s]tudents 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.” Information about plagiarism is
available at http://lrs.tvu.ac.uk/find/Plagiarism_tutorial/index.html.
Here are some things that count as plagiarism:
·
Copying a passage or paper
word-for-word or with only minor changes and without attribution or quotation
marks
·
Copying a paper without
acknowledgement of sources
·
Using ideas or information
from other sources without attribution even if you are not quoting a particular
passage
·
Writing a paper that cuts
and pastes passages and phrases from internet sources without identification
and the web address.
Students who plagiarize or
copy in this class will receive an F on the paper in question. A second instance will lead to an F in the
class. If you have questions about how to avoid plagiarism, please see me.
Classroom decorum. -- It is highly disruptive to the class when people walk in and out of class
to answer cell phones or take care of other personal business. You are expected
to turn off cell phones and electronic devices before class begins and to stay
in the class the rest of the session. If you know you must leave a few minutes early, please mention this to me
before class begins and then sit near the door. It is also important for
students not to talk among themselves when others are speaking. What may seem
like a harmless remark to one person can be distracting to others. Classroom
dialogue and behavior should be courteous, respectful of others, and consistent
with the expectations set forth by the university.
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 415 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 (2009)
can be considered for the 2010 award. However, papers completed in the current
spring semester are eligible for the 2010 competition even if the author has
graduated.