BIOETHICS AND THE LAW. Fall Term Professor Alan J. Weisbard Benjamin N. Cardozo School of Law August 15, 1986

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1 BIOETHICS AND THE LAW Fall Term Benjamin N. Cardozo School of Law August 15, 1986 Materials for the exclusive use of students at the Cardozo School of Law. Do not cite or copy without permission.

2 Syllabus Bioethics and the Law Fall Term, Texts: Areen, King, Goldberg & Capron, Law, Science and Medicine (Foundation Press, 1984) (LSM) Weisbard, Supplemental Readings on Bioethics and the Law (Photocopied, 1986) (Supp.) Outline of Course: (subject to modification as we proceed) I. Introductory Case Study: Barney Clark and the Artificial Heart II. The Beginnings of "Bioethics": Experimentation with Human Beings Informed Consent in Medicine and Research Death and Dying V. Organ Transplantation and Access to Care Artificial Reproduction and The New Genetics (as time permits) 1

3 Preliminary Syllabus (subject to modification) Week One: August 27 and 28, 1986 Bioethics and the Law Fall Term, I. Barney Clark and the Artificial Heart Supp. Items 1 and la; Film Supp. Items 2,3,4, (5),6 Week Two: Sept. 3 and 4 II. Experimentation with Human Beings LSM ; Supp. Item 7 LSM May begin LSM if time permits Week Three: Sept. 10 and 11 II. Experimentation, cont'd. LSM , , Interlude on Ethical Theory Supp. Items 9, 10, 11 Optional: LSM Week Four: Sept 17 and 18 Informed Consent LSM , , LSM ; Supp. Item 13 Week Five: Sept. 24 and 25 Informed Consent, cont'd. LSM , , , , LSM May begin LSM if time permits 2

4 Week Six: Oct. 1 and 2 Informed Consent and Experimentation, cont'd. LSM LSM ; Classroom Exercise Week Seven: Oct. 8 and 9 Interlude: Professional Self-Regulation LSM , , , , ; Supp. Item 14 Death and Dying Defining Death: LSM Week Eight: Oct. 16 (Note: Oct. 15 is leg. Mon.) Death and Dying, cont'd. LSM Week Nine: Oct. 22 and 23 Death and Dying. cont'd. LSM ; Supp. Items 15, 16 Film LSM , ; Supp. Item 17. Week Ten: Oct. 29 and 30 Death and Dying. cont'd. LSM Week Eleven: Nov. 5 and 6 V. Allocation of Scarce Resources and Organ Transplantation LSM , LSM , Supp. Items 18, 19, 20 and review Supp. Items 1-6 3

5 Week Twelve: Nov. 12 and 13 V. Organ Transplantation, cont'd. Classroom Exercise TBA Week Thirteen: Nov. 19 and 20 Artificial Reproduction and the New Genetics A. Reproductive Technologies LSM LSM , Week Fourteen: Nov. 26 (Note: Nov. 27 is Thanksgiving. Enjoy!) Artificial Reproduction and the New Genetics, cont'd. Week Fifteen: Dec. 3 and 4 B. Genetic Screening and Counselling LSM & Supp. (TBA) Artificial Reproduction and the New Genetics, cont'd. C. Genetic Engineering LSM Chapter One, TBA (if time permits) 4

6 Bioethics and the Law Fall Term, Cardozo School of Law Supplemental Readings - First Installment Part I: Barney Clark and the Artificial Heart Pages 1. Case Study: from New York Times ( ) a. Case Study: William Schroeder "Nature of the Study" "Special Consent Form" Annas, "Consent to the Artificial Heart,"Hastings Center Rep. (1983) DeVries et al.., "Clinical Use of the Total Artificial Heart," New Engl. J. Med. (1984) Woolley, "Ethical Issues in the Implantation of the Total Artificial Heart," New Engl. J. Med. (1984) Part II: Bioethics and Biomedical Research 7. Hastings Center, "Biomedical Ethics and the Shadow of Nazism" (1976) 8. (Reserved) "Belmont Report: Ethical Principles and Guidelines for Research Involving Human Subjects" (1978) Arras & Hunt, "Ethical Theory in the Medical Context" (1983) Callahan, "Contemporary Biomedical Ethics," New Engl. J. Med. (1980) D.H.H.S., "Reports of the President's Commission" (1983) i

7 Bioethics and the Law Supplemental Readings, page 2 Part III: Informed Consent in Medicine and Research Pages 13. P.C.E.M.R. Making Health Care Decisions (1983): excerpts Bok, "Needed: A new way to train doctors" (1984) Part IV: Death and Dying 15. Burt, David G. and Self-Rule, Taking Care of Strangers (1979) Smith, "Living with Ambiguity The Conroy Case (1985): excerpts Part V: Organ Transplantation and Access to Care 18. Shaw, After Barney Clark (1984): excerpts 19. Working Group, Artificial Heart and Assist Devices: Directions, Needs Costs, Societal and Ethical Issues (1985): excerpts 20. Annas, "Allocation of Artificial Hearts" (1977) Part VI: Artificial Reproduction and The New Genetics T.B.A. ii