25 found
Order:
  1.  64
    Rehabilitating Equipoise.Paul B. Miller & Charles Weijer - 2003 - Kennedy Institute of Ethics Journal 13 (2):93-118.
    : When may a physician legitimately offer enrollment in a randomized clinical trial (RCT) to her patient? Two answers to this question have had a profound impact on the research ethics literature. Equipoise, as originated by Charles Fried, which we term Fried's equipoise (FE), stipulates that a physician may offer trial enrollment to her patient only when the physician is genuinely uncertain as to the preferred treatment. Clinical equipoise (CE), originated by Benjamin Freedman, requires that there exist a state of (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   36 citations  
  2.  20
    When Are Research Risks Reasonable in Relation to Anticipated Benefits?Charles Weijer & Paul B. Miller - unknown
    The question "When are research risks reasonable in relation to anticipated benefits?" is at the heart of disputes in the ethics of clinical research. Institutional review boards are often criticized for inconsistent decision-making, a problem that is compounded by a number of contemporary controversies, including the ethics of research involving placebo controls, developing countries, incapable adults and emergency rooms. If this pressing ethical question is to be addressed in a principled way, then a systematic approach to the ethics of risk (...)
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark   37 citations  
  3.  46
    Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
    Heated debate surrounds the question whether the relationship between physician-researcher and patient-subject is governed by a duty of care. Miller and Weijer argue that fiduciary law provides a strong legal foundation for this duty, and for articulating the terms of the relationship between physician-researcher and patient-subject.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   25 citations  
  4.  15
    Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
    Bioethics is currently witnessing unprecedented debate over the moral and legal norms governing the conduct of clinical research. At the center of this debate is the duty of care in clinical research, and its most widely accepted specification, clinical equipoise. In recent work, we have argued that equipoise and cognate concepts central to the ethics of clinical research have been left unnecessarily vulnerable to criticism. We have suggested that the vulnerability lies in the conspicuous absence of an articulated foundation in (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   25 citations  
  5. Avoiding a Jekyll-and-Hyde Approach to the Ethics of Clinical Research and Practice.Trudo Lemmens & Paul B. Miller - 2002 - American Journal of Bioethics 2 (2):14 – 17.
    (2002). Avoiding a Jekyll-And-Hyde Approach to the Ethics of Clinical Research and Practice. The American Journal of Bioethics: Vol. 2, No. 2, pp. 14-17.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   12 citations  
  6.  46
    Trust Based Obligations of the State and Physician-Researchers to Patient-Subjects.Paul B. Miller & Charles Weijer - 2006 - Journal of Medical Ethics 32 (9):542-547.
    When may a physician enroll a patient in clinical research? An adequate answer to this question requires clarification of trust-based obligations of the state and the physician-researcher respectively to the patient-subject. The state relies on the voluntarism of patient-subjects to advance the public interest in science. Accordingly, it is obligated to protect the agent-neutral interests of patient-subjects through promulgating standards that secure these interests. Component analysis is the only comprehensive and systematic specification of regulatory standards for benefit-harm evaluation by research (...)
    Direct download (9 more)  
     
    Export citation  
     
    Bookmark   13 citations  
  7.  42
    Equipoise and the Duty of Care in Clinical Research: A Philosophical Response to Our Critics.Paul B. Miller & Charles Weijer - 2007 - Journal of Medicine and Philosophy 32 (2):117 – 133.
    Franklin G. Miller and colleagues have stimulated renewed interest in research ethics through their work criticizing clinical equipoise. Over three years and some twenty articles, they have also worked to articulate a positive alternative view on norms governing the conduct of clinical research. Shared presuppositions underlie the positive and critical dimensions of Miller and colleagues' work. However, recognizing that constructive contributions to the field ought to enjoy priority, we presently scrutinize the constructive dimension of their work. We argue that it (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   11 citations  
  8.  15
    Moral Solutions in Assessing Research Risk.Paul B. Miller & Charles Weijer - 2000 - IRB: Ethics & Human Research 22 (5):6.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   11 citations  
  9.  23
    Therapeutic Obligation in Clinical Research.Charles Weijer & Paul B. Miller - unknown
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark   8 citations  
  10.  57
    Refuting the Net Risks Test: A Response to Wendler and Miller's "Assessing Research Risks Systematically".Charles Weijer & Paul B. Miller - 2007 - Journal of Medical Ethics 33 (8):487-490.
    Earlier in the pages of this journal (p 481), Wendler and Miller offered the "net risks test" as an alternative approach to the ethical analysis of benefits and harms in research. They have been vocal critics of the dominant view of benefit-harm analysis in research ethics, which encompasses core concepts of duty of care, clinical equipoise and component analysis. They had been challenged to come up with a viable alternative to component analysis which meets five criteria. The alternative must (1) (...)
    Direct download (10 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  11.  39
    Will the Real Charles Fried Please Stand Up?Paul B. Miller & Charles Weijer - 2003 - Kennedy Institute of Ethics Journal 13 (4):353-357.
    : In response to the preceding commentary by Jerry Menikoff in this issue of the Journal , the authors argue that Fried's central concern is not that randomized clinical trials (RCTs) are conducted without consent, but rather that various aspects of the design and conduct of RCTs are in tension with physicians' duties of personal care to their patients. Although Fried does argue that the existence of equipoise cannot justify failure to obtain consent from research subjects, informed consent by itself (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  12.  7
    The Human Subjects Trade: Ethical and Legal Issues Surrounding Recruitment Incentives.Trudo Lemmens & Paul B. Miller - 2003 - Journal of Law, Medicine and Ethics 31 (3):398-418.
    Over the past 5 years, a series of articles in leading American newspapers has revealed the extent to which the conduct of clinical trials may be affected by inducements offered by corporate research sponsors and accepted by some unscrupulous physicians. The cases described were disturbing. They involved physicians engaged in excessive “enrollment activities” in exchange for money. Some of these physicians perpetrated fraud, falsifying their recruitment records in order to increase their profits. Others ignored exclusion criteria designed to ensure the (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  13.  6
    The Human Subjects Trade: Ethical and Legal Issues Surrounding Recruitment Incentives.Trudo Lemmens & Paul B. Miller - 2003 - Journal of Law, Medicine and Ethics 31 (3):398-418.
    Over the past 5 years, a series of articles in leading American newspapers has revealed the extent to which the conduct of clinical trials may be affected by inducements offered by corporate research sponsors and accepted by some unscrupulous physicians. The cases described were disturbing. They involved physicians engaged in excessive “enrollment activities” in exchange for money. Some of these physicians perpetrated fraud, falsifying their recruitment records in order to increase their profits. Others ignored exclusion criteria designed to ensure the (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  14.  10
    Evaluating Benefits and Harms in Clinical Research.Paul B. Miller & Charles Weijer - unknown
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  15.  18
    Walking the Moral Tightrope: Respecting and Protecting Children in Health-Related Research.Paul B. Miller & Nuala P. Kenny - 2002 - Cambridge Quarterly of Healthcare Ethics 11 (3):217-229.
    Special moral, regulatory, and scientific questions surround the inclusion of children in health-related research. These questions arise from a fundamental moral tension between the obligation to expose children to research participation to ensure that they share in the benefits that arise from it and the obligation to protect them from the harms associated with their inappropriate involvement in research. This tension is felt in the development of moral and regulatory frameworks for the protection of child research subjects and in the (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  16.  2
    The New Formalism in Private Law.Paul B. Miller - 2022 - American Journal of Jurisprudence 66 (2):175-238.
    : Private law scholarship is experiencing a reawakening in the United States with the rise of the New Private Law. New Private Lawyers have emphasized our common commitment to the scholarly interest and practical importance held by legal concepts; a belief that private law ought to be analyzed from an internal point of view; and a conviction that functionalist and conceptual analyses of private law doctrines, procedures and institutions are, or can be, complementary. We are also joined in criticism of (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  17.  4
    Philosophical Foundations of Fiduciary Law.Andrew S. Gold & Paul B. Miller (eds.) - 2014 - Oxford University Press.
    Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.
    Direct download  
     
    Export citation  
     
    Bookmark  
  18. Philosophical Foundations of Fiduciary Law.Andrew S. Gold & Paul B. Miller (eds.) - 2014 - Oxford University Press UK.
    Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.
    Direct download  
     
    Export citation  
     
    Bookmark  
  19. Beyond Consent : The Trust-Based Obligations of Physicians to Patients in Clinical Research.Paul B. Miller & Charles Weijer - 2008 - In Oonagh Corrigan (ed.), The Limits of Consent: A Socio-Ethical Approach to Human Subject Research in Medicine. Oxford University Press.
     
    Export citation  
     
    Bookmark  
  20.  1
    Contract, Status, and Fiduciary Law.Paul B. Miller & Andrew S. Gold (eds.) - 2016 - Oxford University Press UK.
    Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that these two areas of law, while distinctive, are deeply intertwined.
    Direct download  
     
    Export citation  
     
    Bookmark  
  21.  2
    Fiduciaries and Trust: Ethics, Politics, Economics and Law.Paul B. Miller & Matthew Harding (eds.) - 2020 - Cambridge University Press.
    Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  22.  33
    Revisiting Equipoise: A Response to Gifford.Paul B. Miller & Charles Weijer - 2007 - Kennedy Institute of Ethics Journal 17 (3):227-246.
    : The authors respond to objections Fred Gifford has raised against their paper "Rehabilitating Equipoise." They situate this exchange in the wider context of recent debate over equipoise, highlighting substantial points of agreement between themselves and Gifford. The authors offer a brief restatement of "Rehabilitating Equipoise" in which they amplify some of its core arguments. They then assess Gifford's objections. Finding each to be unfounded, they argue that there is no justification for "pulling the plug" on clinical equipoise.
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  23.  16
    Trust and Exploitation in Clinical Research.Paul B. Miller & Charles Weijer - unknown
    This chapter attempts to derive, define, and specify norms governing the relationship between physician-researcher and patient-subject, and to explore their interconnection. It argues that rooting the relationship between physician-researcher and patient-subject in a normative theory of trust is promising. It enables the derivation, definition, and specification of norms governing the relationship and appreciation of their interconnection.
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  24.  7
    Evaluating Risks of Non-Therapeutic Research in Children.Paul B. Miller & Charles Weijer - unknown
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  25.  3
    Evaluating Benefits and Harms in Intensive Care Research.Charles Weijer & Paul B. Miller - unknown
    Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark