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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 ... Read more
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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 ... Read more
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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 ... Read more
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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 ... Read more
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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 ... Read more
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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 ... Read more
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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. ... Read more
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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 ... Read more
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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 ... Read more
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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 ... Read more
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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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