Results for 'DNA fingerprinting Law and legislation.'

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  1. The DNA Technology (Use and Application) Regulation Bill, 2019: A Critical Analysis.Deepa Kansra, Manpreet Dhillon, Mandira Narain, Prabhat Mishra, Nupur Chowdhury & P. Puneeth - 2021 - Indian Law Institute Law Review 1 (Winter):278-301.
    The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation (...)
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  2.  45
    Populations and genetics: legal and socio-ethical perspectives.Bartha Maria Knoppers (ed.) - 2003 - Boston: Martinus Nijhoff.
    This book of selected papers covers population research and banking as well as accompanying confidentiality, and governance concerns.
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  3.  2
    El ADN: un microcosmos al servicio de la justicia.Francesc Frances I. Bozal - 2016 - Granada: Editorial Comares.
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  4.  5
    Prueba del ADN.Primarosa Chieri - 1999 - Ciudad de Buenos Aires: Editorial Astrea de Alfredo y Ricardo Depalma. Edited by Eduardo A. Zannoni.
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  5.  36
    DNA Fingerprinting and Civil Liberties.Benjamin W. Moulton - 2006 - Journal of Law, Medicine and Ethics 34 (2):147-148.
  6.  48
    DNA Fingerprinting and Civil Liberties.Alice A. Noble - 2006 - Journal of Law, Medicine and Ethics 34 (2):149-152.
  7.  31
    DNA fingerprinting and the right to inviolability of the body and bodily integrity in the Netherlands: convincing evidence and proliferating body parts.Victor Toom - 2006 - Genomics, Society and Policy 2 (3):1-11.
    The paper uses insights from the so-called rape in disguise case study to describe forensic DNA practices in the Netherlands in late 1980s. It describes how "reliabilities" of forensic DNA practices were achieved. One such reliability - convincing evidence - proliferates body parts through time and space. Then, attention shifts to the individual who was suspected of having committed the rape. He was asked to deliver tissue for DNA typing, but refused to do so. Hence DNA typing could not be (...)
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  8. Paternity between law and biology: The reconstruction of the islamic law of paternity in the wake of dna testing.Ayman Shabana - 2012 - Zygon 47 (1):214-239.
    Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority of (...)
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  9.  23
    Biometric Identification, Law and Ethics.Marcus Smith & S. R. M. Miller - unknown
    This book undertakes a multifaceted and integrated examination of biometric identification, including the current state of the technology, how it is being used, the key ethical issues, and the implications for law and regulation. The five chapters examine the main forms of contemporary biometrics–fingerprint recognition, facial recognition and DNA identification– as well the integration of biometric data with other forms of personal data, analyses key ethical concepts in play, including privacy, individual autonomy, collective responsibility, and joint ownership rights, and proposes (...)
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  10.  10
    Gene editing, law, and the environment: life beyond the human.Irus Braverman (ed.) - 2017 - New York, NY: Routledge.
    Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a (...)
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  11.  25
    Gene Mapping: Using Law and Ethics as Guides.George J. Annas & Sherman Elias - 1992 - Oxford University Press USA.
    This timely work brings together a group of the nation's leading experts in genetics, medicine, history of science, health, law, philosophy of science, and medical ethics to assess the current state of modern human genetics, and to begin to chart the legal and ethical guidelines needed to prevent the misuse of human genetics from leading to the abuse of human beings. The six sections of the book, read together, map the social policy con tours of modern human genetics. The first (...)
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  12.  10
    Controlling technology: genetic engineering and the law.Yvonne M. Cripps - 1980 - New York , N.Y.: Praeger.
  13.  42
    Should Biological Evidence or DNA be Retained by Forensic Science Laboratories After Profiling? No, Except Under Narrow Legislatively-Stipulated Conditions.R. E. Gaensslen - 2006 - Journal of Law, Medicine and Ethics 34 (2):375-379.
    DNA profiling and databasing are now commonplace. A body of state and federal legislation enables the establishment and operation of profile databases for law-enforcement purposes. Enabling legislation is usually specific about who, or what evidence, may be profiled for a database. It may be less specific or silent on the issue of specimen retention following profiling and databasing.
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  14.  76
    DNA patents and scientific discovery and innovation: Assessing benefits and risks.David B. Resnik - 2001 - Science and Engineering Ethics 7 (1):29-62.
    This paper focuses on the question of whether DNA patents help or hinder scientific discovery and innovation. While DNA patents create a wide variety of possible benefits and harms for science and technology, the evidence we have at this point in time supports the conclusion that they will probably promote rather than hamper scientific discovery and innovation. However, since DNA patenting is a relatively recent phenomena and the biotechnology industry is in its infancy, we should continue to gather evidence about (...)
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  15.  36
    Who Needs Special Needs? On the Constitutionality of Collecting DNA and other Biometric Data from Arrestees.D. H. Kaye - 2006 - Journal of Law, Medicine and Ethics 34 (2):188-198.
    For years, the collection of DNA samples from individuals arrested for criminal misconduct has been advocated by police officials and endorsed by politicians. Louisiana, Virginia, California, and South Dakota have adopted laws to add DNA profiles derived from these samples to their DNA databases. Texas provides for DNA to be taken after indictment but before conviction. Although the U.S. Department of Justice initially shied away from the issue, the DNA Fingerprint Act of 20055 authorizes the collection of DNA from individuals (...)
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  16.  20
    Law and Legislator in the Philosophy of Julian the Emperor.Dominic J. O’Meara - 2021 - Polis 38 (3):610-622.
    This paper surveys the conceptions of law and of legislation to be found in the philosophy of Julian the Emperor. A hierarchy of levels of law is described, going from transcendent divine orders and paradigmatic laws down to the laws of nature, laws innate in human souls and regional laws. Julian’s ideal legislator is discussed, as inspired by transcendent, paradigmatic laws and as subordinate to law and its protector. An example of Julian’s legislation is discussed. Attention is paid to Julian’s (...)
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  17.  47
    DNA Fingerprinting and the Offertory Prayer: A Sermon.Kim L. Beckmann - 1999 - Zygon 34 (3):537-541.
    This Christian sermon uses a DNA lab experience as a basis for theological reflection on ourselves and our offering. Who are we to God? What determines the self that we offer? Can the alphabet of DNA shed light for us on the Word of God in our lives? This first attempt to introduce the language and laboratory environment of genetic testing (represented by DNA fingerprinting) within a parish preaching context juxtaposes liturgical, scientific, and biblical language and settings for fresh (...)
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  18.  9
    Giustizia genetica e tutela della persona: uno studio comparato sull'uso (e abuso) delle Banche dati del DNA a fini giudiziari.Lucia Scaffardi - 2017 - [Padova]: CEDAM.
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  19. Property rights in blood, genes and data: naturally yours?Jasper A. Bovenberg - 2006 - Boston: Martinus Nijhoff Publishers.
    The properties of DNA -- DNA as universal property -- DNA as intellectual property -- DNA as national property -- DNA as personal property -- DNA as academic property -- DNA as taxable propety.
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  20.  16
    Law and Legislation in Hayek's Legal Philosophy.Leonard P. Liggio - 1994 - Journal des Economistes Et des Etudes Humaines 5 (1):165-188.
  21.  12
    Natural Law and Legislation.Joseph V. Dolan - 1960 - Laval Théologique et Philosophique 16 (2):237.
  22.  24
    Allegations of misuse of African DNA in the UK: Will data protection legislation in South Africa be sufficient to prevent a recurrence?Keymanthri Moodley & Anita Kleinsmidt - 2021 - Developing World Bioethics 21 (3):125-130.
    Concerns have been raised around the alleged commercialisation of South African genetic material by various research institutes nationally and abroad. We consider whether the Protection of Personal Information Act in South Africa will conflict with or complement existing protections in health law and research ethics. The Act is not applicable to de‐identified samples that cannot be re‐identified but we question whether genetic samples can ever be truly de‐identified. The research participants in this matter provided consent for use of their samples (...)
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  23.  62
    Ethics, law and legislation: The institutionalisation of moral reflection. [REVIEW]Alberto Bondolfi - 2000 - Ethical Theory and Moral Practice 3 (1):27-37.
    This paper describes the different dimensions of the relation between moral reflection and legislative processes. It discusses some examples of the institutionalisation of moral reflection. It is argued that the relation between ethics and law is still an actual and relevant question. Ethics also has to reflect on its own role in political life. The paper defends the relevance of a theological perspective on the relation between law and ethics. In the last part it is argued that the modality of (...)
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  24.  47
    The Role of Law and Legislation in the Philosophical Politics of Plato’s Republic.E. John Ellison - 2019 - Polis 36 (2):242-265.
    Law, often neglected in treatments of the Republic, is essential to the philosopher-kings’ rule. Only law accomplishes the partial divinization of citizens at which philosophical politics aims. Socrates’ interrogation of Thrasymachus and Glaucon reveals law to be a command whereby citizens participate in philosophical knowledge and limit the pleonexia congenital to humanity. Law does so primarily by instilling in souls a true opinion resistant to pleonectic passion, producing a state of political virtue. This primary work is supported by the musical (...)
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  25.  54
    (1 other version)Inclusiveness, Effectiveness and Intrusiveness: Issues in the Developing Uses of DNA Profiling in Support of Criminal Investigations.Robin Williams & Paul Johnson - 2005 - Journal of Law, Medicine and Ethics 33 (3):545-558.
    The rapid implementation and continuing expansion of forensic DNA databases around the world has been supported by claims about their effectiveness in criminal investigations and challenged by assertions of the resulting intrusiveness into individual privacy. These two competing perspectives provide the basis for ongoing considerations about the categories of persons who should be subject to non-consensual DNA sampling and profile retention as well as the uses to which such profiles should be put. This paper uses the example of the current (...)
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  26.  40
    Risking Ethical Insolvency: A Survey of Trends in Criminal DNA Databanking.Jonathan Kimmelman - 2000 - Journal of Law, Medicine and Ethics 28 (3):209-221.
    Over ten years have elapsed since Virginia passed the nation's first criminal DNA banking law, which authorized law enforcement authorities to collect DNA samples from certain categories of offenders for the purposes of performing profile analysis. Within nine years, Rhode Island became the fiftieth state to enact a similar statute. The passage of a decade since the first enactment provides a convenient opportunity to assess the strengths and weaknesses of ethical safeguards under present law as well as predict the likely (...)
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  27.  10
    Protecting the genetic self from biometric threats: autonomy, identity, and genetic privacy.Christina Akrivopoulou (ed.) - 2015 - Hershey PA: Information Science Reference.
    This book considers all aspects of privacy and security relating to an individual's DNA, with a concentration on fundamental human rights as well as specific cases and examples, in addressing greater security and privacy in the modern world.
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  28.  30
    Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice.Lottie Giertz & Titti Mattsson - 2020 - Theoretical Inquiries in Law 21 (1):139-159.
    Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make decisions (...)
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  29.  13
    Denial of Paternity by DNA Fingerprint Test in Islamic Family Law.İbrahim Yılmaz - 2017 - Cumhuriyet İlahiyat Dergisi:957-1002.
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  30.  80
    The Impact of DNA Exonerations on the Criminal Justice System.Margaret A. Berger - 2006 - Journal of Law, Medicine and Ethics 34 (2):320-327.
    One obvious result of DNA exonerations has been the enactment of legislation regulating postconviction DNA testing. But the impact on our criminal justice system goes beyond formal statutory change. The DNA exonerations are changing attitudes towards the death penalty, are focusing attention on how forensic laboratories operate, and are leading to the stricter scrutiny of forensic science.
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  31.  24
    Michael Lynch, Simon A. Cole, Ruth McNally and Kathleen Jordan, Truth Machine: The Contentious History of DNA Fingerprinting. Chicago and London: University of Chicago Press, 2009. Pp. xxii+389. ISBN 978-0-226-49806-5. £22.00. [REVIEW]Steve Sturdy - 2010 - British Journal for the History of Science 43 (2):319-320.
  32.  47
    Legislation, law and ethics.Adela Cortina - 2000 - Ethical Theory and Moral Practice 3 (1):3-7.
    This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' which (...)
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  33.  43
    Performing the Union: The Prüm Decision and the European dream.Barbara Prainsack & Victor Toom - 2013 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):71-79.
    In 2005, seven European countries signed the so-called Prüm Treaty to increase transnational collaboration in combating international crime, terrorism and illegal immigration. Three years later, the Treaty was adopted into EU law. EU member countries were now obliged to have systems in place to allow authorities of other member states access to nationally held data on DNA, fingerprints, and vehicles by August 2011. In this paper, we discuss the conditions of possibility for the Prüm network to emerge, and argue that (...)
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  34.  18
    Is the American Public Ready to Embrace DNA as a Crime-Fighting Tool? A Survey Assessing Support for DNA Databases.Lauren Dundes - 2001 - Bulletin of Science, Technology and Society 21 (5):369-375.
    States began passing legislation mandating the collection of genetic material from certain convicted offenders in 1988. By 1998, all 50 states had passed laws allowing DNA databases for convicted sexual offenders, and some states collected DNA from all those convicted of a felony. A survey of 416 persons in Maryland revealed wide support for the inclusion of convicted violent offenders (89%) in DNA databases, in sync with most states’ policies. Between two thirds and three quarters of respondents also supported expanding (...)
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  35.  52
    Explaining Differential Trust of DNA Forensic Technology: Grounded Assessment or Inexplicable Paranoia?Troy Duster - 2006 - Journal of Law, Medicine and Ethics 34 (2):293-300.
    In the spring of 2005, the Portuguese government passed legislation paving the way for all residents to contribute their DNA to a national database to be used for medical and forensic purposes. There was no significant opposition. In sharp contrast, the United States will experience a contentious debate with strong opposition from many groups if and when such a law is proposed. Some of the reasons have to do with a history of sharply different experiences with, and trust of, the (...)
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  36.  61
    Calculating and understanding the value of any type of match evidence when there are potential testing errors.Norman Fenton, Martin Neil & Anne Hsu - 2014 - Artificial Intelligence and Law 22 (1):1-28.
    It is well known that Bayes’ theorem (with likelihood ratios) can be used to calculate the impact of evidence, such as a ‘match’ of some feature of a person. Typically the feature of interest is the DNA profile, but the method applies in principle to any feature of a person or object, including not just DNA, fingerprints, or footprints, but also more basic features such as skin colour, height, hair colour or even name. Notwithstanding concerns about the extensiveness of databases (...)
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  37. Natural Law and the Legislation of Virtue: Historicity, Positivity, and Circularity.Michael Baur - 2001 - Vera Lex 2:51-70.
    As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs shift and change. (...)
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  38. Generational failures of law and ethics : rape, Mormon orthodoxy, and the revelatory power of ancestry DNA.Kif Augustine-Adams - 2021 - In I. Glenn Cohen, Nita A. Farahany, Henry T. Greely & Carmel Shachar (eds.), Consumer genetic technologies: ethical and legal considerations. New York, NY: Cambridge University Press.
     
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  39.  88
    Equitable Access to Human Biological Resources in Developing Countries: Benefit Sharing Without Undue Inducement.Roger Scarlin Chennells - 2015 - Cham: Imprint: Springer.
    The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources (...)
  40.  40
    The law and ethics of medical research: international bioethics and human rights.Aurora Plomer - 2005 - Portland, Or.: Cavendish.
    This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...
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  41.  6
    Physicians, law, and ethics.Carleton B. Chapman - 1984 - New York: New York University Press.
    He notes that parallel to this phenomenon have been developments in the common law of malpractice that give patients a better chance than ever of winning compensation. While these developments benefit patients, Dr. Chapman describes how they have also pointed out a major flaw in malpractice law: the enormous amounts of time and money it takes to bring such cases to court. To overcome these difficulties, Dr. Chapman maintains, the medical profession needs to reconsider the basic concepts on which its (...)
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  42. (1 other version)Law and disagreement.Jeremy Waldron - 1999 - New York: Oxford University Press.
    Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.
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  43.  1
    (1 other version)Law and medical ethics.J. K. Mason - 1991 - Austin, Tex.: Butterworths. Edited by Alexander McCall Smith.
    This volume offers an analysis of ethical concepts based on positive legal principles and court decisions, describing what actually happens in practice, or where there are no precedents available, what is most likely to happen. Broadly, it deals with the wide range of potentially difficult situations in which the community, as represented by the law, may come into conflict with the medical profession.
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  44.  36
    On transparent law, good legislation and accessibility to legal information: Towards an integrated legal information system.Doris Liebwald - 2015 - Artificial Intelligence and Law 23 (3):301-314.
    This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed that intelligent legal (...)
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  45.  41
    Statutory Frameworks for Regulating Information Flows: Drawing Lessons for the DNA Data Banks from other Government Data Systems.David Lazer & Viktor Mayer-Schönberger - 2006 - Journal of Law, Medicine and Ethics 34 (2):366-374.
    The above bit string encodes personal information about one of the authors of this essay. Of course, without rules to decode the bit string, it is impossible to say whether it is genetic information, weight, age, fingerprint, religion, etc. Layered on top of that technical decoding process is a social decoding process – how sensitive is this information? How useful is it to the government for various purposes? The objective of this paper is to offer some key lessons for the (...)
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  46.  8
    The law and medicine: friend or nemesis?Robert Jaggs-Fowler - 2013 - London: Radcliffe Publishing.
    The work draws together a rich tapestry of material across many different disciplines, covering the crucial relationship between medicine and law from the early apothecaries to the modern-day general practitioner. It presents an invaluable overview of the subject and offers vital background reading to anyone interested in medico-legal medicine, as well as providing a springboard for students of medicine and law interested in researching the field through its remarkable diversity of reference resources.
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  47.  5
    Law and Medicine.Kerry Petersen - 1994 - International Specialized Book Service.
    Advances in medical technology raise new ethical and legal questions which are in turn forcing a reassessment of medical practices and the goals of legislation. This book pays close attention to these questions, bringing together leading scholars to explore a range of topics in this wide ranging collection covering persistent vegetative state, control of fertility, reproductive technologies and the autonomy in the context of medical research practice.
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  48.  22
    Legislating clear-statement regimes in national-security law.Jonathan F. Mitchell & GMU Law School Submitter - unknown
    Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...)
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  49.  10
    Human Law and Computer Law: Comparative Perspectives.Mireille Hildebrandt & Jeanne Gaakeer (eds.) - 2013 - Dordrecht: Imprint: Springer.
    The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...)
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  50.  37
    Ethics, law, and medical practice.Kerry J. Breen - 1997 - St. Leonards, NSW, Australia: Allen & Unwin. Edited by Vernon D. Plueckhahn & Stephen M. Cordner.
    Comprehensive and practical handbook on ethical and legal issues affectingGpsand other practitioners.
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