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Loretta M. Kopelman [49]Loretta Kopelman [8]L. M. Kopelman [6]L. Kopelman [2]
Loretta Criden Kopelman [1]
  1. The Best-Interests Standard as Threshold, Ideal, and Standard of Reasonableness.L. M. Kopelman - 1997 - Journal of Medicine and Philosophy 22 (3):271-289.
    The best-interests standard is a widely used ethical, legal, and social basis for policy and decision-making involving children and other incompetent persons. It is under attack, however, as self-defeating, individualistic, unknowable, vague, dangerous, and open to abuse. The author defends this standard by identifying its employment, first, as a threshold for intervention and judgment (as in child abuse and neglect rulings), second, as an ideal to establish policies or prima facie duties, and, third, as a standard of reasonableness. Criticisms of (...)
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  2.  72
    Minimal Risk as an International Ethical Standard in Research.Loretta M. Kopelman - 2004 - Journal of Medicine and Philosophy 29 (3):351 – 378.
    Classifying research proposals by risk of harm is fundamental to the approval process and the most pivotal risk category in most regulations is that of “minimal risk.” If studies have no more than a minimal risk, for example, a nearly worldwide consensus exists that review boards may sometimes: (1) expedite review, (2) waive or modify some or all elements of informed consent, or (3) enroll vulnerable subjects including healthy children, incapacitated persons and prisoners even if studies do not hold out (...)
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  3.  37
    The Best Interests Standard for Incompetent or Incapacitated Persons of All Ages.Loretta M. Kopelman - 2007 - Journal of Law, Medicine and Ethics 35 (1):187-196.
    When making decisions for adults who lack decision-making capacity and have no discernable preferences, widespread support exists for using the Best Interests Standard. This policy appeals to adults and is compatible with many important recommendations for persons facing end-of-life choices.Common objections to the policy are discussed as well as different meanings of this Standard identified, such as using it to express goals or ideals and to make practical decisions incorporating what reasonable persons would want. For reasons of consistency, fairness, and (...)
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  4.  21
    The Best Interests Standard for Incompetent or Incapacitated Persons of All Ages.Loretta M. Kopelman - 2007 - Journal of Law, Medicine and Ethics 35 (1):187-196.
    When making decisions for adults lacking decision-making capacity and having no discernable preferences, widespread support exists for using the Best Interests Standard. For example, the President's Council on Bioethics supports this view in its publication, Taking Care: Ethical Caregiving in Our Aging Society. The President's Council maintains that decision-makers should seek the best available care for incapacitated adults, yet clarifies the best care does not always extend biological life for the longest time and advocates careful attention to comfort care and (...)
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  5.  63
    Bioethics as a Second-Order Discipline: Who is Not a Bioethicist?Loretta Kopelman - 2006 - Journal of Medicine and Philosophy 31 (6):601 – 628.
    A dispute exists about whether bioethics should become a new discipline with its own methods, competency standards, duties, honored texts, and core curriculum. Unique expertise is a necessary condition for disciplines. Using the current literature, different views about the sort of expertise that might be unique to bioethicists are critically examined to determine if there is an expertise that might meet this requirement. Candidates include analyses of expertise based in "philosophical ethics," "casuistry," "atheoretical or situation ethics," "conventionalist relativism," "institutional guidance," (...)
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  6.  28
    Children as Research Subjects: A Dilemma.Loretta M. Kopelman - 2000 - Journal of Medicine and Philosophy 25 (6):723-744.
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  7.  68
    Rejecting the Baby Doe Rules and Defending a "Negative" Analysis of the Best Interests Standard.Loretta Kopelman - 2005 - Journal of Medicine and Philosophy 30 (4):331 – 352.
    Two incompatible policies exist for guiding medical decisions for extremely premature, sick, or terminally ill infants, the Best Interests Standard and the newer, 20-year old "Baby Doe" Rules. The background, including why there were two sets of Baby Doe Rules, and their differences with the Best Interests Standard, are illustrated. Two defenses of the Baby Doe Rules are considered and rejected. The first, held by Reagan, Koop, and others, is a "right-to-life" defense. The second, held by some leaders of the (...)
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  8.  10
    Why the Best Interest Standard Is Not Self-Defeating, Too Individualistic, Unknowable, Vague or Subjective.Loretta M. Kopelman - 2018 - American Journal of Bioethics 18 (8):34-36.
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  9.  11
    Moral Problems in Assessing Research Risk.Loretta M. Kopelman - forthcoming - IRB: Ethics & Human Research.
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  10.  51
    Using a New Analysis of the Best Interests Standard to Address Cultural Disputes: Whose Data, Which Values?Loretta M. Kopelman & Arthur E. Kopelman - 2007 - Theoretical Medicine and Bioethics 28 (5):373-391.
    Clinicians sometimes disagree about how much to honor surrogates’ deeply held cultural values or traditions when they differ from those of the host country. Such a controversy arose when parents requested a cultural accommodation to let their infant die by withdrawing life saving care. While both the parents and clinicians claimed to be using the Best Interests Standard to decide what to do, they were at an impasse. This standard is analyzed into three necessary and jointly sufficient conditions and used (...)
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  11.  9
    On Pellegrino and Thomasma’s Admission of a Dilemma and Inconsistency.Loretta M. Kopelman - 2019 - Journal of Medicine and Philosophy 44 (6):677-697.
    Edmund Pellegrino and David Thomasma’s writings have had a worldwide impact on discourse about the philosophy of medicine, professionalism, bioethics, healthcare ethics, and patients’ rights. Given their works’ importance, it is surprising that commentators have ignored their admission of an unresolved and troubling dilemma and inconsistency in their theory. The purpose of this article is to identify and state what problems worried them and to consider possible solutions. It is argued that their dilemma stems from their concerns about how to (...)
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  12.  41
    Using the Best Interests Standard to Decide Whether to Test Children for Untreatable, Late-Onset Genetic Diseases.Loretta M. Kopelman - 2007 - Journal of Medicine and Philosophy 32 (4):375 – 394.
    A new analysis of the Best Interests Standard is given and applied to the controversy about testing children for untreatable, severe late-onset genetic diseases, such as Huntington's disease or Alzheimer's disease. A professional consensus recommends against such predictive testing, because it is not in children's best interest. Critics disagree. The Best Interests Standard can be a powerful way to resolve such disputes. This paper begins by analyzing its meaning into three necessary and jointly sufficient conditions showing it: is an "umbrella" (...)
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  13.  8
    What Conditions Justify Risky Nontherapeutic or "No Benefit" Pediatric Studies: A Sliding Scale Analysis.Loretta M. Kopelman - 2004 - Journal of Law, Medicine and Ethics 32 (4):749-758.
    Many pediatric research regulations, including those of the United States, the Council for International Organizations of Medical Science, and South Africa, offer similar rules for review board approval of higher hazard studies holding out no therapeutic or direct benefit to children with disorders or conditions. Authorization requires gaining parental permissions and the children’s assent, if that is possible, and showing that these studies are intended to gain vitally important and generalizable information about children’s conditions; it also requires limiting the risks (...)
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  14.  19
    Pediatric Research Regulations Under Legal Scrutiny: Grimes Narrows Their Interpretation.Loretta M. Kopelman - 2002 - Journal of Law, Medicine and Ethics 30 (1):38-49.
    In Grimes v. Kennedy Krieger Institute, the Maryland Court of Appeals considered whether it is possible for investigators or research entities to have a special relationship with subjects, thereby creating a duty of care that could, if breached, give rise to an action in negligence. The research under review, the Lead Abatement and Repair & Maintenance Study, was conducted from 1993 to 1996 by investigators at the Kennedy Krieger Institute, an affiliate of Johns Hopkins University.After briefly discussing the case at (...)
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  15.  5
    Pediatric Research Regulations Under Legal Scrutiny: Grimes Narrows Their Interpretation.Loretta M. Kopelman - 2002 - Journal of Law, Medicine and Ethics 30 (1):38-49.
    In Grimes v. Kennedy Krieger Institute, the Maryland Court of Appeals considered whether it is possible for investigators or research entities to have a special relationship with subjects, thereby creating a duty of care that could, if breached, give rise to an action in negligence. The research under review, the Lead Abatement and Repair & Maintenance Study, was conducted from 1993 to 1996 by investigators at the Kennedy Krieger Institute, an affiliate of Johns Hopkins University.After briefly discussing the case at (...)
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  16.  10
    What Conditions Justify Risky Nontherapeutic or “No Benefit” Pediatric Studies: A Sliding Scale Analysis.Loretta M. Kopelman - 2004 - Journal of Law, Medicine and Ethics 32 (4):749-758.
    Many pediatric research regulations, including those of the United States, the Council for International Organizations of Medical Science, and South Africa, offer similar rules for review board approval of higher hazard studies holding out no therapeutic or direct benefit to children with disorders or conditions. Authorization requires gaining parental permissions and the children’s assent, if that is possible, and showing that these studies are intended to gain vitally important and generalizable information about children’s conditions; it also requires limiting the risks (...)
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  17.  3
    Make Her a Virgin Again: When Medical Disputes About Minors Are Cultural Clashes.L. M. Kopelman - 2014 - Journal of Medicine and Philosophy 39 (1):8-25.
    Recalcitrant disputes among health care providers and patients or their families may signal deep cultural differences about what interventions are needed or about clinicians’s professional duties. These issues arose in relation to a mother’s request for hymenoplasty or revirgination for her minor daughter to enable an overseas, forced marriage and protect her from an honor killing. The American College of Obstetrics and Gynecology committee recommends against members performing a hymenoplasty or other female genital cosmetic surgeries due to a lack of (...)
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  18.  2
    Children as Research Subjects: A Dilemma.Loretta M. Kopelman - 2000 - Journal of Medicine and Philosophy 25 (6):745-764.
    ABSTRACT A complex problem exists about how to promote the best interests of children as a group through research while protecting the rights and welfare of individual research subjects. The Nuremberg Code forbids studies without consent, eliminating most children as subjects, and the Declaration of Helsinki disallows non-therapeutic research on non-consenting subjects. Both codes are unreasonably restrictive. Another approach is represented by the Council for the International Organizations of Medical Science, the U.S. Federal Research Guidelines, and many other national policies. (...)
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  19.  14
    Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy.Kenneth A. De Ville & Loretta M. Kopelman - 1999 - Journal of Law, Medicine and Ethics 27 (4):332-342.
    In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women (...)
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  20.  19
    What is Applied About "Applied" Philosophy?Loretta M. Kopelman - 1990 - Journal of Medicine and Philosophy 15 (2):199-218.
    "Applied" is a technical term describing a variety of new philosophical enterprises. The author examines and rejects the view that these fields are derivative. Whatever principles, judgments, or background theories that are employed to solve problems in these areas are either changed by how they are used, or at least the possibility exists of their being changed. Hence we ought to stop calling these endeavors "applied", or agree that the meaning of "apply" will have to include the possibility that what (...)
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  21.  86
    Children and Bioethics: Uses and Abuses of the Best-Interests Standard.L. M. Kopelman - 1997 - Journal of Medicine and Philosophy 22 (3):213-217.
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  22.  35
    The Incompatibility of the United Nations’ Goals and Conventionalist Ethical Relativism.Loretta M. Kopelman - 2005 - Developing World Bioethics 5 (3):234-243.
    ABSTRACTThe Universal Draft Declaration on Bioethics and Human Rights seeks to provide moral direction to nations and their citizens on a series of bioethical concerns. In articulating principles, it ranks respect for human rights, human dignity and fundamental freedoms ahead of respect for cultural diversity and pluralism. This ranking is controversial because it entails the rejection of the popular theory, conventionalist ethical relativism. If consistently defended, this theory also undercuts other United Nations activities that assume member states and people around (...)
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  23.  12
    Using the Best-Interests Standard in Treatment Decisions for Young Children.Loretta M. Kopelman - forthcoming - Pediatric Bioethics.
  24.  5
    When Can Children with Conditions Be in No-Benefit, Higher-Hazard Pediatric Studies?Loretta M. Kopelman - 2007 - American Journal of Bioethics 7 (3):15 – 17.
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  25.  23
    If HIV/AIDS is Punishment, Who is Bad?Loretta M. Kopelman - 2002 - Journal of Medicine and Philosophy 27 (2):231 – 243.
    HIV/AIDS strikes with the greatest frequency in sub-Saharan Africa, a region lacking resources to deal with this epidemic. To keep millions more people from dying, wealthy countries must provide more help. Yet deeply ingrained biases may distance the sick from those who could provide far more aid. One such prejudice is viewing disease as punishment for sin. This 'punishment theory of disease" ascribes moral blame to those who get sick or those with special relations to them. Religious versions hold that (...)
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  26.  23
    On Justifying Pediatric Research Without the Prospect of Clinical Benefit.Loretta M. Kopelman - 2012 - American Journal of Bioethics 12 (1):32 - 34.
    The American Journal of Bioethics, Volume 12, Issue 1, Page 32-34, January 2012.
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  27.  16
    Bioethics as Public Discourse and Second-Order Discipline.L. M. Kopelman - 2009 - Journal of Medicine and Philosophy 34 (3):261-273.
    Bioethics is best viewed as both a second-order discipline and also part of public discourse. Since their goals differ, some bioethical activities are more usefully viewed as advancing public discourse than academic disciplines. For example, the “Universal Declaration on Bioethics and Human Rights” sponsored by the United Nations Educational, Scientific, and Cultural Organization seeks to promote ethical guidance on bioethical issues. From the vantage of philosophical ethics, it fails to rank or specify its stated principles, justify controversial principles, clarify key (...)
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  28.  15
    Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy.Kenneth A. Ville & Loretta M. Kopelman - 1999 - Journal of Law, Medicine and Ethics 27 (4):332-342.
  29. Case Method and Casuistry: The Problem of Bias.Loretta M. Kopelman - 1994 - Theoretical Medicine and Bioethics 15 (1).
    Case methods of reasoning are persuasive, but we need to address problems of bias in order to use them to reach morally justifiable conclusions. A bias is an unwarranted inclination or a special perspective that disposes us to mistaken or one-sided judgments. The potential for bias arises at each stage of a case method of reasoning including in describing, framing, selecting and comparing of cases and paradigms. A problem of bias occurs because to identify the relevant features for such purposes, (...)
     
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  30.  14
    Bioethics and Humanities: What Makes Us One Field?Loretta M. Kopelman - 1998 - Journal of Medicine and Philosophy 23 (4):356 – 368.
    Bioethics and humanities (inclusive of medical ethics, health care ethics, environmental ethics, research ethics, philosophy and medicine, literature and medicine, and so on) seems like one field; yet colleagues come from different academic disciplines with distinct languages, methods, traditions, core curriculum and competency examinations. The author marks six related "framework" features that unite and make it one distinct field. It is a commitment to (1) work systematically on some of the momentous and well-defined sets of problems about the human condition (...)
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  31.  59
    The Holistic Health Movement: A Survey and Critique.L. Kopelman & J. Moskop - 1981 - Journal of Medicine and Philosophy 6 (2):209-235.
    This article discusses the nature and significance of the holistic health movement in four ways. First, a general characterization of the movement is proposed, based on shared commitment to five assumptions: (1) a positive view of health as well-being, (2) individual responsibility for health, (3) the importance of health education, (4) control of social and environmental determinants of health, and (5) low technology or “natural” therapeutic techniques. Second, a basic difference among advocates of holistic health/medicine is proposed in terms of (...)
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  32.  14
    Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy.Kenneth A. Ville & Loretta M. Kopelman - 1999 - Journal of Law, Medicine and Ethics 27 (4):332-342.
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  33.  28
    Normal Grief: Good or Bad? Health or Disease?Loretta M. Kopelman - 1994 - Philosophy, Psychiatry, and Psychology 1 (4):209-220.
  34.  39
    Consent and Randomized Clinical Trials: Are There Moral or Design Problems?Loretta Kopelman - 1986 - Journal of Medicine and Philosophy 11 (4):317-345.
    The purpose of this paper is to examine whether randomized clinical trial (RCT) methods are necessarily morally problematic. If they are intrinsically problematic, then there may be a dilemma such that tragic choices might have to be made between this socially very useful method for making medical progress on the one hand, and patients' rights and welfare, or physicans' duties on the other. It is argued that the dilemma may be avoided if RCTs can sometimes be viewed as an honorable (...)
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  35. What is the Role of the Precautionary Principle in the Philosophy of Medicine and Bioethics?Loretta M. Kopelman, David Resnick & Douglas L. Weed - 2004 - Journal of Medicine and Philosophy 29 (3):255 – 258.
    (2004). What is the Role of the Precautionary Principle in the Philosophy of Medicine and Bioethics? Journal of Medicine and Philosophy: Vol. 29, No. 3, pp. 255-258.
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  36.  11
    Informed Consent and Anonymous Tissue Samples: The Case of Hiv Seroprevalence Studies.Loretta M. Kopelman - 1994 - Journal of Medicine and Philosophy 19 (6):525-552.
    anonymous tissue samples obtained in hospitals and clinics without donor consent. This can be justified as a response to a public health emergency, but should not be seen as setting a precedent for waiving consent whenever samples are anonymous. The following recommendations grow out of this discussion: (1) Studies using anonymous tissue samples should not be automatically exempt from consent requirements, and consent should not be waived simply to avoid anticipated refusals, low participation rates or self selection bias. (2) The (...)
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  37.  3
    The Role of Value Judgments in Psychiatric Practice.Loretta M. Kopelman - 1997 - In Alastair V. Campbell (ed.), Medical Ethics. Oxford University Press. pp. 275.
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  38.  17
    Conceptual and Moral Disputes About Futile and Useful Treatments.Loretta M. Kopelman - 1995 - Journal of Medicine and Philosophy 20 (2):109-121.
    A series of cases have crystallized disputes about when medical treatments are useful or futile, and consequently about the doctor-patient relationship, resource allocation, communication, empathy, relief of suffering, autonomy, undertreatment, overtreatment, paternalism and palliative care. It is helpful to understand that utility and futility are complimentary concepts and that judgments about whether treatments are useful or futile in the contested cases have common features. They are: (1) grounded in medical science, (2) value laden, (3) at or near the threshold of (...)
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  39.  60
    The Well-Being of Subjects and Other Parties in Genetic Research and Testing.Janet Malek & Loretta M. Kopelman - 2007 - Journal of Medicine and Philosophy 32 (4):311 – 319.
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  40.  16
    What is Unique About the Doctor and Patient Medical Encounter? A Moral and Economic Perspective.Loretta M. Kopelman - 2006 - American Journal of Bioethics 6 (2):85-88.
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  41.  38
    Diversity, Trust, and Patient Care: Affirmative Action in Medical Education 25 Years After Bakke.Kenneth DeVille & Loretta M. Kopelman - 2003 - Journal of Medicine and Philosophy 28 (4):489 – 516.
    The U.S. Supreme Court's seminal 1978 Bakke decision, now 25 years old, has an ambiguous and endangered legacy. Justice Lewis Powell's opinion provided a justification that allowed leaders in medical education to pursue some affirmative action policies while at the same time undermining many other potential defenses. Powell asserted that medical schools might have a "compelling interest" in the creation of a diverse student body. But Powell's compromise jeopardized affirmative action since it blocked many justifications for responding to increases in (...)
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  42.  18
    Adolescents as Doubly-Vulnerable Research Subjects.Loretta M. Kopelman - 2004 - American Journal of Bioethics 4 (1):50-52.
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  43. Philosophical Critique of Bioethics: Introduction to the Issue.K. D. Clouser & L. M. Kopelman - 1990 - Journal of Medicine and Philosophy 15 (2):121-124.
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  44.  26
    Can Autonomy and Equity Coexist in the ICU?Ethics and Critical Care MedicineEthical Moments in Critical Care Medicine. Critical Care Clinics. Volume 2, No. 1, January 1986. [REVIEW]Cynthia B. Cohen, John C. Moskop, Loretta Kopelman, James P. Orlowski & George A. Kanoti - 1986 - Hastings Center Report 16 (5):39.
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  45.  28
    AIDS and Africa.Loretta M. Kopelman & Anton A. van Niekerk - 2002 - Journal of Medicine and Philosophy 27 (2):139 – 142.
    Sub-Saharan Africa is the epicenter of the HIV/AIDS epidemic, and in this issue of the Journal, seven authors discuss the moral, social and medical implications of having 70% of those stricken living in this area. Anton A. van Niekerk considers complexities of plague in this region (poverty, denial, poor leadership, illiteracy, women's vulnerability, and disenchantment of intimacy) and the importance of finding responses that empower its people. Solomon Benatar reinforces these issues, but also discusses the role of global politics in (...)
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  46. Dren and Health Care: Moral and Social Issues. Dordrecht: Kluwer Academic Press, 1989: Xx-Xx. Weijer C. Thinking Clearly About Re. [REVIEW]L. Kopelman & J. Moskop - 2000 - IRB: Ethics & Human Research 22.
     
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  47.  20
    Do Children Get Their Fair Share of Health and Dental Care?Loretta M. Kopelman & Wendy E. Mouradian - 2001 - Journal of Medicine and Philosophy 26 (2):127 – 136.
  48.  15
    Ethical Assumptions and Ambiguities in the Americans with Disabilities Act.Loretta M. Kopelman - 1996 - Journal of Medicine and Philosophy 21 (2):187-208.
    The Americans With Disabilities Act (ADA) promotes social justice by protecting disabled persons from discrimination and prejudice. It seeks equality of opportunity for them and protects their well being by giving them fair access to goods, services and benefits. These rights are circumscribed in the ADA, however, by constraints of cost, efficiency, utility, and certain social mores. The ADA offers little direction about how to set priorities when these values come into conflict, or about whether equality of opportunity favors equivalent (...)
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  49. Ethics and Mental Retardation.Loretta Kopelman & John C. Moskop - 1984
     
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  50. Ethical Controversies in Medical Research: The Case of XYY Screening.Loretta Kopelman - 1978 - Perspectives in Biology and Medicine 21 (2):196-204.
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