Genetics, Genetic Testing, and the Specter of Discrimination: A Discussion Using Hypothetical Cases

A genetic revolution is upon us. Techniques for genetic testing have increased in sophistication, and an international effort to map and sequence human DNA—The Human Genome Project ( HGP )—is now well under way. We are beginning to exploit our new found genetic knowledge. Recognition of the relationship between developments in genetic science, law, and public policy, is creeping into the literature and into the law school curriculum. Even the popular 60 Minutes television news magazine recently did a program on the perils of genetic testing. Still, for lawyers and policymakers at least, the material is not all that accessible. The following Problems were developed by the faculty of the College of Medicine of the University of Kentucky and were used in a panel presentation for medical students. The discussion that follows each hypothetical is far from exhaustive, and is offered as a starting point. Readers desiring more information are directed to the Selected Bibliography. These Problems present a rather thorough survey of the issues. They give the reader some notion of the state-of-the-art in genetic research and its applications; the Problems also suggest possible implications for confidentiality, tort liability for disclosure, lawsuits for wrongful birth and wrongful life, and so on; and they allude to the newsworthy Americans with Disabilities Act ( ADA ). Finally, the Problems may motivate the reader to reflect on other topics, such as euthanasia and eugenics, from another perspective

Understanding the Canadian Domestic Security Apparatus: Bridging Public Opinion with the Government of Canada\u27s Security Initiatives against Terrorism

This paper explores some of the central factors in society that determine whether the Canadian public will support or oppose the Canadian government\u27s domestic security initiatives aimed at preventing terrorism. A recent surge in security awareness in the Western world spurred by the threat of global terrorism has seen the re-formulation of its security structures and the professionals they employ by using intensive surveillance methods and personal information collection previously restrained by law. Previous literature, primarily from the United States, has begun to illustrate the important role that trust and the media have on predicting whether a public will support counterterrorism policies that restrict civil liberties. In light of this, using the International Surveillance and Privacy Opinion Research Survey (2006), this thesis attempts to contribute to this range of literature from a Canadian perspective by exploring the role of trust, knowledge, and the media in predicting support or opposition for a more intensive security state and whether knowledge of these security infrastructures mediates their relationship. Bivariate and multivariate analyses reveal that trust in government is the strongest determinant of whether people will support counterterrorism policies. While media is also a significant predictor, it is found that trust, and not knowledge, seems to mediate the relationship of media on supporting these policies. Theoretical frameworks and policy implications are also discussed

The Privatisation of Violence: An Examination of Private Military and Security Contractors and Their Effect on Sovereignty and Fundamental Rights in a Globalised World

This thesis considers the effects the private exercise of coercive violence on the modern nation-state through an examination of the increasing prevalence of Private Military and Security Contractors. It studies the practical implications of the privatisation of violence for Domestic and International Law and seeks to propose an original typological framework for the classification and regulation of PMSCs. This thesis begins by examining the historical relationship between coercive violence and maintenance of power/authority from the perspective of the Westphalian Sovereignty and the resulting state-centric international legal regime. It considers how the ‘violence-power’ relationship has historically been conceptualised through social contract and ‘force of law’ theories and the limitations these suffer in relation to PMSCs. Specific focus is given to the manner in which existing theories have tended towards viewing violence either as an instrument of power or, as a public good and the corresponding implications of the commodification and globalisation of violence. The study, therefore, seeks to develop an original conceptual framework on the nature of coercive violence. This conceptual framework draws upon a body of work built around the theoretical critiques of violence undertaken by Walter Benjamin and Hannah Arendt, allowing the study a unique perspective to analyse the relationship between private violence and governmental power/authority Utilising this conceptual underpinning, this thesis investigates the political and economic factors instrumental in the growth of PMSC activity, considering the expansion of globalisation and neo-liberalism and the corresponding weakening of the nation-state. To highlight the increasing diversity of private actors, the research presents three case studies into the globalisation of coercive violence within national security assemblages namely; Peru, Nigeria and Afghanistan. These case studies first examine the social and political climate in which the growth of private coercive violence developed and identify key security concerns which have affected these areas. Each case studies identifies the legal regulation of PMSCs in the State to understand both how States have sought to limit the proliferation of private violence and understand the difficulties these States have encountered in applying or enforcing these regulations. Drawing upon these case studies, the thesis critically analyses the current attempts to regulate and establish accountability for PMSCs through either domestic or state-centric international Law noting the inherent difficulties within these. It considers how effectively the Montreux Document and the International Code of Conduct for Private Security Contractors are able to regulate the activities of PMSCs before analysing the effectiveness of the international legal regime in regulating PMSCs with a focus on the doctrine of State Responsibility. This notes the inherent difficulties in establishing effective regulatory frameworks and particularly the arbitrary distinctions drawn within these regulations Finally, considering both the practical and theoretical issues identified throughout the research the thesis looks to create an original typological approach to identifying and classifying PMSCs. This approach examines stakeholder relationships and power structures to produce a framework for the classification of PMSC activity and extrapolates trends and features with emphasis on democratic accountability and human rights. The thesis proposes the suitability of this system as a framework for legal regulation in a manner capable of addressing the intricacies and difficulties posed by PMSCs

Metode istidlal Nahdlatul Ulama dalam pembahasan masa'il al-diniyyah al-maudhu'iyyah bidang relasi agama dan negara perspektif usul fiqih: studi hasil keputusan muktamar NU ke-33 tahun 2015

Bahtsul Masâ`il NU Institute responds masâ`il al-diniyyah al-maudhu`iyyah of religious and state relations field by establishing the law through istidlāl method. This is the work of ijtihād jamā`i which refers directly to maṣādir al-ahkām al-aṣliyah, providing explanations and arguments against problems and giving reinforcement of arguments from the Qur'an and al-Sunnah. This research contains three problem formulations: first, how is the Istidlāl method of NU towards Masâ`il al-diniyyah al-maudhuiyyah? Second, how is the application of NU Istidlāl method in masâ`il al-diniyyah al-maudhuiyyah religion and state relations field? Third, what are the implications of NU Istidlāl in Masâ`il al-diniyyah al-maudhu`iyyah religion and state relations field on 33rd NU 2015 decision in uṣul fiqih perspective? This type of research is library research with document studies, compilations of congressional decisions, congress of `alim ulama, documents resulting from Bahtsul Masâ`il NU Decree and articles from research results from NU LBM management and NU academics. The results of data compilation on formal documents, data reduction, data exposure, and data conclusions were analyzed using qualitative descriptive model from uṣul fiqih perspective. Research findings: first,LBM NU responds to the problems of religion and state relations consistently by applying flexible and adaptive fiqih legal Istidlāl methods based on socio-political and cultural conditions based on al-ahkām al-khamsah and positive law that applies in Indonesia. Second, the application of NU's istidlāl on the decision of the 33rd NU Congress 2015 in Jombang is a dynamic constructive reasoning for LBM NU management to establish fiqih law with a multidisciplinary approach with adaptive modernist contextual paradigm. Third, implication of applying istidlāl method is sourced from maṣādir al-ahkām al-aṣliyah to respond question of the relationship between religion and the state opens a new comprehensive answer. The pattern of the religious response of LBM NU changed from taqrir jamā`i to ijtihād jamā`i which is sourced from the arguments of Qur'ān and al-Sunnah equipped with qawāid uṣuliyyah and qawāid fiqhiyah `alā mazāhib al-arba`ah. The theoretical implications of the legal method of establishing jurisprudence in fiqih that have been codified are mapped into three namely: conservativism, contextualism, and progesive of the ijtihād

Religious Tolerance in France: A Perspective of Maqasid Shari'a

This study examines religious tolerance in France from the perspective of Maqasid Shari'a. This study employed a qualitative approach with a case study design. The study was conducted in 2019, taking place in France. Data collection techniques were carried out using observation, in-depth interviews, and documentation also the informants were selected by purposive sampling and snowball sampling. Data analysis used the critical analysis method through in-depth interviews with religious leaders, organizational leaders associated with inter-religious harmony organizations, community leaders, and youth leaders. This study revealed France's position as a country which ready to accept religious pluralism and guarantees constitutional, historical and factual tolerance among religious believers. However, this encounters several obstacles that arise in the form of radicalism, Islamophobia and unpreparedness for dialogue related to religious issues. From these obstacles, various strategies emerged to create tolerance among religious believers, namely the laicite law, integration policies and supporting religious institutions such as the Conseil Francais du Culte Musulman (CFCM). Some of the French government's strategies turned out to be in line with the dimensions of Hifz al-Din which is one of the goals of Maqasid Shari’a. Hifz al-Din in this context, is interpreted repressively then it becomes haq al-tadayyun (religious rights), where this strategy can guarantee the continuity of religious people to worship and carry out religious values. Haq al-Tadayyun not only maintains the sanctity of religion but also creates a harmonious relationship pattern in practicing religion amidst religious diversity. This research has implications for the emergence of a form of tolerance among religious believers in France, therefore, it can be a policy reference for countries with Muslim majority populations in responding to the dynamics that occur due to religious diversity