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  1. Aziza Ahmed (2015). Informed Decision Making and Abortion: Crisis Pregnancy Centers, Informed Consent, and the First Amendment. Journal of Law, Medicine and Ethics 43 (1):51-58.
    Shifting laws and regulations increasingly displace the centrality of women's health concerns in the provision of abortion services. This is exemplified by the growing presence of deceptive Crisis Pregnancy Centers alongside new informed consent laws designed to dissuade women from seeking abortions. Litigation on informed consent is further complicated in the clinical context due to the increased mobilization of facts – such as the gestational age or sonogram of the fetus – delivered with the intent to dissuade women from accessing (...)
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  2. I. Glenn Cohen (2015). Are All Abortions Equal? Should There Be Exceptions to the Criminalization of Abortion for Rape and Incest? Journal of Law, Medicine and Ethics 43 (1):87-104.
    Politics, public discourse, and legislation restricting abortion has settled on a moderate orthodoxy: restrict abortion, but leave exceptions for pregnancies that result from rape and incest. I challenge that consensus and suggest it may be much harder to defend than those who support the compromise think. From both Pro-Life and Pro-Choice perspectives, there are good reasons to treat all abortions as equal.
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  3. Cameron O'Brien Flynn & Robin Fretwell Wilson (2015). When States Regulate Emergency Contraceptives Like Abortion, What Should Guide Disclosure? Journal of Law, Medicine and Ethics 43 (1):72-86.
    State laws dictating “informed consent” about surgical and chemical abortions sometimes ensnare emergency contraceptives , as the science surrounding EC shows. Courts evaluating mandated disclosures gravitate to professional norms rather than the information most women would value: basic factual information about EC so that they can decide for themselves whether to use these drugs.
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  4. Scott W. Gaylord (2015). A Matter of Context: Casey and the Constitutionality of Compelled Physician Speech. Journal of Law, Medicine and Ethics 43 (1):35-50.
    Under the Supreme Court's compelled speech cases, the context of government-mandated disclosures determines the standard of review. Pursuant to Casey, Zauderer, and Whalen, compelled disclosures in the medical context, such as speech-and-display ultrasound laws, are subject to – and survive – a form of rational basis scrutiny.
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  5. Melissa M. Goldstein & Daniel G. Bowers (2015). The Patient as Consumer: Empowerment or Commodification? Currents in Contemporary Bioethics. Journal of Law, Medicine and Ethics 43 (1):162-165.
    Discussions surrounding patient engagement and empowerment often use the terms “patient” and “consumer” interchangeably. But do the two terms hold the same meaning, or is a “patient” a passive actor in the health care arena and a “consumer” an informed, rational decision-maker? Has there been a shift in our usage of the two terms that aligns with the increasing commercialization of health care in the U.S. or has the patient/consumer dynamic always been a part of the buying and selling of (...)
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  6. B. Jessie Hill (2015). Casey Meets the Crisis Pregnancy Centers. Journal of Law, Medicine and Ethics 43 (1):59-71.
    Recent cases have found factual disclosure requirements to be constitutional when imposed on abortion providers but unconstitutional when imposed on crisis pregnancy centers. This paper argues that the outcomes in both kinds of cases can be explained by courts' perception of abortion as an ideological, political, or moral act rather than as health care.
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  7. Megan E. Larkin (2015). Acoustic Separation and Biomedical Research: Lessons From Indian Regulation of Compensation for Research Injury. Journal of Law, Medicine and Ethics 43 (1):105-115.
    In early 2013, the Indian government introduced new rules governing the conduct of clinical trials involving human participants. Among other provisions, the law requires that sponsors of research compensate participants who are injured during the course of their research participation. This article examines the effects of India's compensation law and the efforts that policymakers in India have made to tailor the law since its passage. I use the legal concept of acoustic separation as a framework to explain and justify the (...)
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  8. Thomas May (2015). On the Justifiability of ACMG Recommendations for Reporting of Incidental Findings in Clinical Exome and Genome Sequencing. Journal of Law, Medicine and Ethics 43 (1):134-142.
    This paper examines three possible justifications for original ACMG recommendations to return incidental findings from whole exome or genome sequencing independent of patient preferences. The first two potential justifications, based on a patient's authentic values, then on harms to others, are founding lacking as a basis of justification for these recommendations. The third, grounded in analogous professional practices, might serve as a potential justification if several controversies can be avoided. However, given the nature of these controversies and the need to (...)
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  9. David Orentlicher (2015). Abortion and Compelled Physician Speech. Journal of Law, Medicine and Ethics 43 (1):9-21.
    Informed consent mandates for abortion providers may infringe the First Amendment's freedom of speech. On the other hand, they may reinforce the physician's duty to obtain informed consent. Courts can promote both doctrines by ensuring that compelled physician speech pertains to medical facts about abortion rather than abortion ideology and that compelled speech is truthful and not misleading.
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  10. Wendy Parmet (2015). INTRODUCTION: Free Speech and the Regulation of Reproductive Health. Journal of Law, Medicine and Ethics 43 (1):6-8.
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  11. Bridget Pratt & Adnan A. Hyder (2015). Global Justice and Health Systems Research in Low‐ and Middle‐Income Countries. Journal of Law, Medicine and Ethics 43 (1):143-161.
    Scholarship focusing on how international research can contribute to justice in global health has primarily explored requirements for the conduct of clinical trials. Yet health systems research in low- and middle-income countries has increasingly been identified as vital to the reduction of health disparities between and within countries. This paper expands an existing ethical framework based on the health capability paradigm – research for health justice – to externally-funded health systems research in LMICs. It argues that a specific form of (...)
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  12. Sonia M. Suter (2015). The First Amendment and Physician Speech in Reproductive Decision Making. Journal of Law, Medicine and Ethics 43 (1):22-34.
    Courts are divided as to whether abortion informed consent mandates violate the First Amendment. This article argues that given the doctor's and patient's unique expertise, the patient's strong interests in autonomous decision making, and the fact that these laws regulate speech, rather than conduct, heighted or strict scrutiny should apply to such mandates.
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  13. Jennifer E. F. Teitcher, Walter O. Bockting, José A. Bauermeister, Chris J. Hoefer, Michael H. Miner & Robert L. Klitzman (2015). Detecting, Preventing, and Responding to “Fraudsters” in Internet Research: Ethics and Tradeoffs. Journal of Law, Medicine and Ethics 43 (1):116-133.
    Internet-based health research is increasing, and often offers financial incentives but fraudulent behavior by participants can result. Specifically, eligible or ineligible individuals may enter the study multiple times and receive undeserved financial compensation. We review past experiences and approaches to this problem and propose several new strategies. Researchers can detect and prevent Internet research fraud in four broad ways: through the questionnaire/instrument ; through participants' non-questionnaire data and seeking external validation through computer information, , and 4) through study design . (...)
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