The
J. Byron McCormick Lecture
REFLECTIONS ON THE SEPARATION OF CHURCH AND STATE
Stephen L. Carter*
DISSING
DISCLOSURE: JUST WHAT THE DOCTOR ORDERED
Grant H. Morris*
In this Article, I have traced the historical development—or lack of
development—of the physician’s disclosure duty. That development can be
summed up in three quotations, each coming from a person who’s name starts with “H.” The journey began with Hippocrates who advised physicians to “conceal[]
most things from the patient while you are attending to him…revealing nothing of
the patient’s future or present condition.”314 The Hippocratic Oath has been
described as “an oath of secrecy and loyalty to one’s medical colleagues,”315 not
one’s patients. For twenty-four centuries that ethic prevailed.
MEDICINE'S
EPISTEMOLOGY:
MAPPING THE HAPHAZARD DIFFUSION OF
KNOWLEDGE IN THE
BIOMEDICAL COMMUNITY
Lars Noah*
In just over a decade, the EBM movement has received a great deal of
attention in the health care community. It aspires to transform medical practice by
urging physicians to draw on rigorous studies rather than simply rely on anecdotal
experience. Even if it fails to attract a large number of adherents, or to
fundamentally change medicine=s epistemology, EBM has usefully encouraged
medical professionals to become more reflective about the foundations for their
treatment choices. In contrast, the call for evidence-based medicine has gone
largely unnoticed outside of the health care community, even though it may offer
important insights for other decisionmakers. Conversely, proponents of EBM may
not have taken a sufficiently skeptical view of the biomedical literature and could
benefit from the more critical perspectives of institutions external to the research
enterprise. As importantly, perhaps, EBM reveals serious inadequacies in existing
medical practice that deserve greater attention from regulatory agencies and the
courts. A more realistic appreciation of the informational challenges faced by
physicians should lead to improved doctrinal choices and, to the extent that these
influence medical practice, superior treatment outcomes for patients.
WILL
THE TRUTH SET THEM FREE? NO, BUT
THE LAB MIGHT: STATUTORY RESPONSES TO
ADVANCEMENTS IN DNA TECHNOLOGY
Diana L. Kanon
INFRINGEMENT.COM:
RIAA V. NAPSTER
AND THE WAR AGAINST ONLINE
MUSIC PIRACY
Timothy James Ryan
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