80 research outputs found
Physician-Assisted Suicide: A Common Law Roadmap for State Courts
Part I examines the development of the law legalizing passively hastening death and how this development relied significantly on distinguishing passively hastening death from actively hastening death. Part II subjects the arguments used to legitimate passively hastening death to a traditional criminal law analysis and demonstrates their weaknesses which were simple to conceal when there was little enthusiasm for, and discussion of, the legalization of actively hastening death. The central role of consent in legitimating passively hastening death is analyzed in Part III. Although passively hastening death technically satisfies all of the elements of the crimes of assisted suicide and homicide, it is not illegal because it is legitimated by consent – consent of a competent patient or consent of the surrogate of an incompetent patient. Consent is the mechanism for implementing the fundamental principle. This analysis is applied to actively hastening death in Part IV. Because there is no legally significant distinction between actively and passively hastening death, consent legitimates actively hastening death just as it does passively hastening death. Nonetheless, Part V explores other reasons why actively hastening death ought to be prohibited and concludes that any arguments of any substance that can be made against actively hastening death can be equally applied to passively hastening death and should, therefore, be rejected in the latter as they are in the former. Safeguards must be established to prevent abuse of actively hastening death just as they have for passively hastening death
Pharmacists, Physician-Assisted Suicide, and Pain Control
One of the unintended consequences of the decade-old public debate about the legalization of physician-assisted suicide is an increased interest in pain control for terminally ill patients. Pain control and other aspects of palliative care are seen not only as medically desirable but as necessary to assure so as to minimize the pressure to legalize physician-assisted suicide or utilize physician-assisted suicide even if not legal. Most of the public debate has centered on the role of physicians in assisted suicide.
However, there has been very little discussion about the role that health care professionals - - other than physicians -- would play if assisted suicide were legalized. One group of health care professionals -- besides physicians -- that is likely to be involved in legalized assisted suicide is pharmacists, who would dispense lethal substances prescribed by physicians. The debate about the legalization of assisted suicide has also served as an important catalyst to less drastic alternatives, most notably pain control. This, too, implicates pharmacists because an important, if not the predominant, mechanism of pain control is prescription medications. Any barriers that are placed in the way of pharmacists dispensing medications in accordance with a physician\u27s legitimate prescription for pain control undermines the rights that patients might have to receive such medication and interferes with good end-of-life care. In addition, legal barriers to terminally ill patients receiving adequate medications for pain control undermine the Supreme Court\u27s reasoning about the constitutionality of state statutes making assisted suicide a crime and could lead the Court to reconsider its decisions. Finally, legal barriers to the dispensing of medications for patients to use in physician-assisted suicide, where it is legal, interferes with this right as well. Although approximately 20 states have enacted statutes intended to make pain control medication more readily available by removing liability for patient death caused unintentionally caused by such medications, these statutes provide inadequate protection. If terminally ill patients are to receive the medications they need so that they may die peacefully, without preventable suffering, courts, legislatures, and administrative agencies will need to give pharmacists as well as physicians sufficient latitude to practice their professions in accordance with the intent of the palliative care statutes and the Supreme Court decisions
Introduction
As recently as the mid- to late-nineteenth century, it could honestly be said that there was no medical profession in the United States. Yes, there were doctors. And of course there were patients with illness and injuries. But if it is contentious today as to how best to treat various conditions, a century and a half ago it was nothing short of a circus. Although the American Medical Association had been founded in 1847, allopathic medicine could hardly be said to be the dominant school of thought. Others abounded, some of which still exist today, but none of them were capable of doing very much in the way of treating illness
The Photolysis of Phenylglycine and the Synthesis of α-Deuterated m-Anisaldehyde
Attempts were made to produce mandelic acid by irradiating phenylglycine in both acidic and basic aqueous solutions but no mandelic acid was detected
Catching Element Formation In The Act
Gamma-ray astronomy explores the most energetic photons in nature to address
some of the most pressing puzzles in contemporary astrophysics. It encompasses
a wide range of objects and phenomena: stars, supernovae, novae, neutron stars,
stellar-mass black holes, nucleosynthesis, the interstellar medium, cosmic rays
and relativistic-particle acceleration, and the evolution of galaxies. MeV
gamma-rays provide a unique probe of nuclear processes in astronomy, directly
measuring radioactive decay, nuclear de-excitation, and positron annihilation.
The substantial information carried by gamma-ray photons allows us to see
deeper into these objects, the bulk of the power is often emitted at gamma-ray
energies, and radioactivity provides a natural physical clock that adds unique
information. New science will be driven by time-domain population studies at
gamma-ray energies. This science is enabled by next-generation gamma-ray
instruments with one to two orders of magnitude better sensitivity, larger sky
coverage, and faster cadence than all previous gamma-ray instruments. This
transformative capability permits: (a) the accurate identification of the
gamma-ray emitting objects and correlations with observations taken at other
wavelengths and with other messengers; (b) construction of new gamma-ray maps
of the Milky Way and other nearby galaxies where extended regions are
distinguished from point sources; and (c) considerable serendipitous science of
scarce events -- nearby neutron star mergers, for example. Advances in
technology push the performance of new gamma-ray instruments to address a wide
set of astrophysical questions.Comment: 14 pages including 3 figure
A remarkable synergistic effect at the transcriptomic level in peach fruits doubly infected by Prunus necrotic ringspot virus and Peach latent mosaic viroid
[EN] Background: Microarray profiling is a powerful technique to investigate expression changes of large amounts of
genes in response to specific environmental conditions. The majority of the studies investigating gene expression
changes in virus-infected plants are limited to interactions between a virus and a model host plant, which usually is
Arabidopsis thaliana or Nicotiana benthamiana. In the present work, we performed microarray profiling to explore
changes in the expression profile of field-grown Prunus persica (peach) originating from Chile upon single and
double infection with Prunus necrotic ringspot virus (PNRSV) and Peach latent mosaic viroid (PLMVd), worldwide
natural pathogens of peach trees.
Results: Upon single PLMVd or PNRSV infection, the number of statistically significant gene expression changes
was relatively low. By contrast, doubly-infected fruits presented a high number of differentially regulated genes.
Among these, down-regulated genes were prevalent. Functional categorization of the gene expression changes
upon double PLMVd and PNRSV infection revealed protein modification and degradation as the functional category
with the highest percentage of repressed genes whereas induced genes encoded mainly proteins related to
phosphate, C-compound and carbohydrate metabolism and also protein modification. Overrepresentation analysis
upon double infection with PLMVd and PNRSV revealed specific functional categories over- and underrepresented
among the repressed genes indicating active counter-defense mechanisms of the pathogens during infection.
Conclusions: Our results identify a novel synergistic effect of PLMVd and PNRSV on the transcriptome of peach
fruits. We demonstrate that mixed infections, which occur frequently in field conditions, result in a more complex
transcriptional response than that observed in single infections. Thus, our data demonstrate for the first time that
the simultaneous infection of a viroid and a plant virus synergistically affect the host transcriptome in infected
peach fruits. These field studies can help to fully understand plant-pathogen interactions and to develop
appropriate crop protection strategies.We thank Drs M.A. Perez-Amador y J. Gadea for helping in the result analysis. This work was supported by grant BIO2011-25018 from the Spanish granting agency Direccion General de Investigacion Cientifica for the transcriptomic analyses and from the grant 2009CL0020 from the bilateral project INIA-Chile/CSIC-Spain for the phytosanitary evaluation. MC Herranz was the recipient of a contract from the Juan de la Cierva program of the Ministerio de Educacion y Ciencia of Spain.Herranz Gordo, MDC.; Niehl, A.; Rosales, M.; Fiore, N.; Zamorano, A.; Granell Richart, A.; Pallás Benet, V. (2013). A remarkable synergistic effect at the transcriptomic level in peach fruits doubly infected by Prunus necrotic ringspot virus and Peach latent mosaic viroid. Virology Journal. 10:11-15. https://doi.org/10.1186/1743-422X-10-164S111510Pallas V, Garcia JA: How do plant viruses induce disease? Interactions and interference with host components. J Gen Virol 2011, 92: 2691-2705.Whitham SA, Yang C, Goodin MM: Global impact: elucidating plant responses to viral infection. Mol Plant Microbe Interact 2006, 19: 1207-1215.Havelda Z, Varallyay E, Valoczi A, Burgyan J: Plant virus infection-induced persistent host gene downregulation in systemically infected leaves. Plant J 2008, 55: 278-288.Aranda M, Maule A: Virus-induced host gene shutoff in animals and plants. Virology 1998, 243: 261-267.Whitham SA, Quan S, Chang HS, Cooper B, Estes B, Zhu T, Wang X, Hou YM: Diverse RNA viruses elicit the expression of common sets of genes in susceptible Arabidopsis thaliana plants. Plant J 2003, 33: 271-283.Liu Y, Ren D, Pike S, Pallardy S, Gassmann W, Zhang S: Chloroplast-generated reactive oxygen species are involved in hypersensitive response-like cell death mediated by a mitogen-activated protein kinase cascade. Plant J 2007, 51: 941-954.Hadidi A, Barba M: Economic impact of pome and stone fruit viruses and viroids. In Virus and Virus Like Diseases of Pome and Stone Fruits. Edited by: Hadidi A, Barba M, Candresse T, Jelkmann W. St Paul, MN: American Phytopathological Society; 2011:1-8.Flores R, Delgado S, Rodio ME, Ambros S, Hernandez C, Serio FD: Peach latent mosaic viroid: not so latent. Mol Plant Pathol 2006, 7: 209-221.Pallas V, Aparicio F, Herranz MC, Amari K, Sanchez-Pina MA, Myrta A, Sanchez-Navarro JA: Ilarviruses of Prunus spp.: A continued concern for fruit trees. Phytopathology 2012,102(12):1108-1120.Rowland O, Jones JD: Unraveling regulatory networks in plant defense using microarrays. Genome Biol 2001,2(1):1001.1-1001.3.Trinks D, Rajeswaran R, Shivaprasad PV, Akbergenov R, Oakeley EJ, Veluthambi K, Hohn T, Pooggin MM: Suppression of RNA silencing by a geminivirus nuclear protein, AC2, correlates with transactivation of host genes. J Virol 2005, 79: 2517-2527.Senthil G, Liu H, Puram VG, Clark A, Stromberg A, Goodin MM: Specific and common changes in Nicotiana benthamiana gene expression in response to infection by enveloped viruses. J Gen Virol 2005, 86: 2615-2625.Marathe R, Guan Z, Anandalakshmi R, Zhao H, Dinesh-Kumar SP: Study of Arabidopsis thaliana resistome in response to cucumber mosaic virus infection using whole genome microarray. Plant Mol Biol 2004, 55: 501-520.Agudelo-Romero P, Carbonell P, de la Iglesia F, Carrera J, Rodrigo G, Jaramillo A, Perez-Amador MA, Elena SF: Changes in the gene expression profile of Arabidopsis thaliana after infection with Tobacco etch virus. Virol J 2008, 5: 92.Itaya A, Matsuda Y, Gonzales RA, Nelson RS, Ding B: Potato spindle tuber viroid strains of different pathogenicity induces and suppresses expression of common and unique genes in infected tomato. Mol Plant Microbe Interact 2002, 15: 990-999.Huang Z, Yeakley JM, Garcia EW, Holdridge JD, Fan JB, Whitham SA: Salicylic acid-dependent expression of host genes in compatible Arabidopsis-virus interactions. Plant Physiol 2005, 137: 1147-1159.Rizza S, Conesa A, Juarez J, Catara A, Navarro L, Duran-Vila N, Ancillo G: Microarray analysis of Etrog citron (Citrus medica L.) reveals changes in chloroplast, cell wall, peroxidase and symporter activities in response to viroid infection. Mol Plant Pathol 2012,13(8):852-864.Golem S, Culver JN: Tobacco mosaic virus induced alterations in the gene expression profile of Arabidopsis thaliana. Mol Plant Microbe Interact 2003, 16: 681-688.Dardick C: Comparative expression profiling of Nicotiana benthamiana leaves systemically infected with three fruit tree viruses. Mol Plant Microbe Interact 2007, 20: 1004-1017.Hull R: In Matthews’ Plant Virology. London: Edited by Academic Press; 2002.Gonzalez-Jara P, Tenllado F, Martinez-Garcia B, Atencio FA, Barajas D, Vargas M, Diaz-Ruiz J, Diaz-Ruiz JR: Host-dependent differences during synergistic infection by Potyviruses with potato virus X. Mol Plant Pathol 2004, 5: 29-35.Gonzalez-Jara P, Atencio FA, Martinez-Garcia B, Barajas D, Tenllado F, Diaz-Ruiz JR: A Single Amino Acid Mutation in the Plum pox virus Helper Component-Proteinase Gene Abolishes Both Synergistic and RNA Silencing Suppression Activities. Phytopathology 2005, 95: 894-901.Vance VB: Replication of potato virus X RNA is altered in coinfections with potato virus Y. Virology 1991, 182: 486-494.Garcia-Marcos A, Pacheco R, Martianez J, Gonzalez-Jara P, Diaz-Ruiz JR, Tenllado F: Transcriptional changes and oxidative stress associated with the synergistic interaction between Potato virus X and Potato virus Y and their relationship with symptom expression. Mol Plant Microbe Interact 2009, 22: 1431-1444.Postnikova OA, Nemchinov LG: Comparative analysis of microarray data in Arabidopsis transcriptome during compatible interactions with plant viruses. Virol J 2012, 9: 101.Zanchin A, Bonghi C, Casadoro G, Ramina A, Rascio N: Cell enlargement and cell separation during peach fruit development. International Journal of Plant Science 1994, 155: 49-56.Herranz MC, Sanchez-Navarro JA, Aparicio F, Pallas V: Simultaneous detection of six stone fruit viruses by non-isotopic molecular hybridization using a unique riboprobe or ‘polyprobe’. J Virol Methods 2005, 124: 49-55.Pallas V, Mas P, Sanchez-Navarro JA: Detection of plant RNA viruses by nonisotopic dot-blot hybridization. Methods Mol Biol 1998, 81: 461-468.Lilly ST, Drummond RS, Pearson MN, MacDiarmid RM: Identification and validation of reference genes for normalization of transcripts from virus-infected Arabidopsis thaliana. Mol Plant Microbe Interact 2011, 24: 294-304.Cosgrove JD: Expansive growth of plant cell walls. Plant Physiol Biochem 2000,38(1–2):109-124.Tessitori M, Maria G, Capasso C, Catara G, Rizza S, De Luca V, Catara A, Capasso A, Carginale V: Differential display analysis of gene expression in Etrog citron leaves infected by Citrus viroid III. Biochim Biophys Acta 2007, 1769: 228-235.Rizza S, Capasso C, Catara A, Capasso A, Conte E, Catara A Proceedings of the 17th Conference of the International Organization of Citrus Virologists-IOCV, pp. XVII. In Transcriptional response of Troyer citrange, sour orange and alemow rootstocks to Citrus viroid IIIb (CVd-IIIb) infection. Adana, Turkey: Conference of the International Organization of Citrus Virologists; 2010:142-149. http://www.ivia.es/iocv/Owens RA, Tech KB, Shao JY, Sano T, Baker CJ: Global analysis of tomato gene expression during Potato spindle tuber viroid infection reveals a complex array of changes affecting hormone signaling. Mol Plant Microbe Interact 2012, 25: 582-598.Ogundiwin EA, Marti C, Forment J, Pons C, Granell A, Gradziel TM, Peace CP, Crisosto CH: Development of ChillPeach genomic tools and identification of cold-responsive genes in peach fruit. Plant Mol Biol 2008, 68: 379-397.Sánchez-Navarro JA FA, Rowhani A, Pallás V: Comparative analysis of ELISA, nonradioactive molecular hybridization and PCR for the detection of Prunus necrotic ringspot virus in herbaceous and prunus host. Plant Pathol 1998, 47: 780-786.Astruc N, Marcos JF, Macquaire G, Candresse T, Pallas V: Studies on the diagnosis of hop stunt viroid in fruit trees: Identification of new hosts and application of a nucleic acid extraction procedure based on non-organic solvents. Eur J Plant Pathol 1996, 102: 837-846.Myrta A, Di Terlizzi B, Pallas V, Savino V: Viruses and viroids of apricot in the Mediterranean: incidence and biodiversity. Acta Horticulturae 2006, 701: 409-417.Bouzayen M, Latché A, Nath P, Pech JC: Mechanism of fruit ripening. In Plant Developmental Biology- Biotechnological Perspectives: Volume I Edited by: Pua EC, Darvey MR. 2010, 319-339. Chapter 16Trainotti L, Bonghi C, Ziliotto F, Zanin D, Rasori A, Casadoro G, Ramina A, T P: The use of microarray mPEACH 1.0 to investigate transcriptome changes during transition from pre-climateric to climacteric phase in peach fruit. Plant Sci 2006, 170: 606-613.Lombardo VA, Osorio S, Borsani J, Lauxmann MA, Bustamante CA, Budde CO, Andreo CS, Lara MV, Fernie AR MFD: Metabolic profiling during peach fruit development and ripening reveals the metabolic networks that underpin each developmental stage. Plant Physiol 2011,157(4):1696-1710.Manganaris GA RA, Bassi D, Geuna F, Ramina A, Tonutti P, Bonghi C: Comparative transcript profiling of apricot (Prunus armeniaca L.) fruit development and on-tree ripening. Tree Genet Genomes 2011, 7: 609-616.Uyemoto JK, Scott SW: Important diseases of Prunus caused by viruses and other graft-transmissible pathogens in California and South Carolina. Plant Dis 1992, 76: 5-11.Li J, Yang H, Peer WA, Richter G, Blakeslee J, Bandyopadhyay A, Titapiwantakun B, Undurraga S, Khodakovskaya M, Richards EL, et al.: Arabidopsis H+-PPase AVP1 regulates auxin-mediated organ development. Science 2005, 310: 121-125.Paponov IA, Paponov M, Teale W, Menges M, Chakrabortee S, Murray JA, Palme K: Comprehensive transcriptome analysis of auxin responses in Arabidopsis. Mol Plant 2008, 1: 321-337.Padmanabhan MS, Goregaoker SP, Golem S, Shiferaw H, Culver JN: Interaction of the tobacco mosaic virus replicase protein with the Aux/IAA protein PAP1/IAA26 is associated with disease development. J Virol 2005, 79: 2549-2558.Padmanabhan MS, Shiferaw H, Culver JN: The Tobacco mosaic virus replicase protein disrupts the localization and function of interacting Aux/IAA proteins. Mol Plant Microbe Interact 2006, 19: 864-873.Padmanabhan MS, Kramer SR, Wang X, Culver JN: Tobacco mosaic virus replicase-auxin/indole acetic acid protein interactions: reprogramming the auxin response pathway to enhance virus infection. J Virol 2008, 82: 2477-2485.Kuhn JM, Boisson-Dernier A, Dizon MB, Maktabi MH, Schroeder JI: The protein phosphatase AtPP2CA negatively regulates abscisic acid signal transduction in Arabidopsis, and effects of abh1 on AtPP2CA mRNA. Plant Physiol 2006, 140: 127-139.Whenham RJ, Fraser RSS, Brown LP, Payne JA: Tobacco-mosaic-virus-induced increase in abscisic-acid concentration in tobacco leaves: Intracellular location in light and dark-green areas, and relationship to symptom development. Planta 1986, 168: 592-598.Bari R, Jones JD: Role of plant hormones in plant defence responses. Plant Mol Biol 2009, 69: 473-488.Kotchoni SO, Kuhns C, Ditzer A, Kirch HH, Bartels D: Over-expression of different aldehyde dehydrogenase genes in Arabidopsis thaliana confers tolerance to abiotic stress and protects plants against lipid peroxidation and oxidative stress. Plant Cell Environ 2006, 29: 1033-1048.Mowla SB, Cuypers A, Driscoll SP, Kiddle G, Thomson J, Foyer CH, Theodoulou FL: Yeast complementation reveals a role for an Arabidopsis thaliana late embryogenesis abundant (LEA)-like protein in oxidative stress tolerance. Plant J 2006, 48: 743-756.Amari K, Diaz-Vivancos P, Pallas V, Sanchez-Pina MA, Hernandez JA: Oxidative stress induction by Prunus necrotic ringspot virus infection in apricot seeds. Physiol Plant 2007, 131: 302-310.Gilroy EM, Hein I, van der Hoorn R, Boevink PC, Venter E, McLellan H, Kaffarnik F, Hrubikova K, Shaw J, Holeva M, et al.: Involvement of cathepsin B in the plant disease resistance hypersensitive response. Plant J 2007, 52: 1-13.Kruger J, Thomas CM, Golstein C, Dixon MS, Smoker M, Tang S, Mulder L, Jones JD: A tomato cysteine protease required for Cf-2-dependent disease resistance and suppression of autonecrosis. Science 2002, 296: 744-747.Bernoux M, Timmers T, Jauneau A, Briere C, De Wit PJ, Marco Y, Deslandes L: RD19, an Arabidopsis cysteine protease required for RRS1-R-mediated resistance, is relocalized to the nucleus by the Ralstonia solanacearum PopP2 effector. Plant Cell 2008, 20: 2252-2264.Shabab M, Shindo T, Gu C, Kaschani F, Pansuriya T, Chintha R, Harzen A, Colby T, Kamoun S, van der Hoorn RA: Fungal effector protein AVR2 targets diversifying defense-related cys proteases of tomato. Plant Cell 2008, 20: 1169-1183.Van Esse HP, Van’t Klooster JW, Bolton MD, Yadeta KA, Van Baarlen P, Boeren S, Vervoort J, De Wit PJ, Thomma BP: The Cladosporium fulvum virulence protein Avr2 inhibits host proteases required for basal defense. Plant Cell 2008, 20: 1948-1963.Song J, Win J, Tian M, Schornack S, Kaschani F, Ilyas M, van der Hoorn RA, Kamoun S: Apoplastic effectors secreted by two unrelated eukaryotic plant pathogens target the tomato defense protease Rcr3. Proc Natl Acad Sci U S A 2009, 106: 1654-1659.Tian M, Win J, Song J, van der Hoorn R, van der Knaap E, Kamoun S: A Phytophthora infestans cystatin-like protein targets a novel tomato papain-like apoplastic protease. Plant Physiol 2007, 143: 364-377.Rooney H, Van’t Klooster J, Van der Hoorn R, Joosten M, Jones J: Cladosporium Avr2 inhibits tomato Rcr3 protease required for Cf-2-dependent disease resistance. Science 2005, 308: 1783-1786.Auger AJ: Tomato ringspot virus associated with brownline disease on prune trees in Chile. Acta Horticulturae 1989, 235: 197-204.Herrera G: Enfermedades causadas por virus en frutales en Chile. Santiago, Chile: Instituto de Investigación Agropecuaria; 2001. BoletÃn INIA N°52. 65pFiore N, Abou Ghanem-Sabanadzovic N, Infante R, Myrta A, Pallás V: Detection of Peach latent mosaic viroid in stone fruits from Chile. In Option Méditerranéennes, Sér. B/n°45 –Virus ad virus-like disease of stone fruits, with particular reference to the Mediterranean region Edited by: Myrta A, Di Terlizzi B, Savino V. 2003, 143-145.Torres H, Gómez G, Pallás V, Stamo B, Shalaby A, Aouane B, Gavriel I, Kominek P, Caglayan K, Sipahioglu M, et al.: Detection by tissue printing of stone fruit viroids, from europe, the mediterranean and north and south America. Acta Horticulturae 2004, 657: 379-383.Peiró A, Pallás V, Sánchez-Navarro JA: Simultaneous detection of eight viruses and two viroids affecting stone fruit trees by using a unique polyprobe. Eur J Plant Pathol 2012,132(4):469-475.Meisel L, Fonseca B, Gonzalez S, Baeza-Yates R, Cambiazo V, Campos R, Gonzalez M, Orellana A, Retamales J, Silva H: A rapid and efficient method for purifying high quality total RNA from peaches (Prunus persica) for functional genomics analyses. Biol Res 2005, 38: 83-88.Van Gelder RN, Von Zastrow ME, Yool A, Dement WC, Barchas JD JHE: Amplified RNA synthesized from limited quantities of heterogeneous cDNA. Proc Natl Acad Sci U S A 1990,87(5):1663-1667.Tusher VG, Tibshirani R, Chu G: Significance analysis of microarrays applied to the ionizing radiation response. Proc Natl Acad Sci U S A 2001, 98: 5116-5121.Sanchez-Navarro JA, Canizares MC, Cano EA, Pallas V: Simultaneous detection of five carnation viruses by non-isotopic molecular hybridization. J Virol Methods 1999, 82: 167-175
The Expansion of Liability for Medical Accidents: From Negligence to Strict Liability by Way of Informed Consent
This article examines the various ways in which the courts have been fashioning rules of liability for medical accidents that add up to an incipient system of strict liability. The obvious judicial circumlocutions, which appear necessitated by the inability of the courts under existing rules of law to award compensation to severely injured medical-accident victims, are the main area of concern, not the routine application of well-established general principles to novel situations of fact.
I. Introduction
II. The War on Negligence
III. The Fault System and Medical Accidents: The Gathering Storm
IV. Informed Consent … A. The Law of Consent to Medical Treatment … B. The Affirmative Duty of Disclosure … 1. The Origins of the Physician\u27s Obligation to Disclose Information … 2. The Classical Elements of the Duty to Disclose … 3. Informed Consent in the 1960\u27s—A Paper Tiger … C. Expanding Liability in the Wake of Canterbury v. Spence … 1. The Standard of Disclosure … 2. Therapeutic Privilege … 3. Causation … D. Disclosure or Understanding: The Next Assault? … E. Informed Consent and Strict Liability
V. The Head-On Assault of the Citadel
VI. Strict Liability and the Doctor-Patient Relationship
VII. Conclusio
Political Surveillance and the Fourth Amendment
The United States District Court case has left the scope of the warrant protection of the fourth amendment considerably clearer and broader. The door left ajar in Katz has been firmly fastened shut by the Court leaving only the traditional exceptions to the warrant requirement, which are based upon practical necessity, and the still unconfronted question of the power of the executive to conduct warrantless surveillances of foreign agents in national security cases. It is also clear that courts are no less competent to evaluate the appropriateness of a search and seizure in an internal security case than in a case of ordinary crime. In fact, judicial scrutiny is all the more essential because of the presence of first amendment considerations. But most significant is the fact that the government\u27s attempt to revitalize the general warrant in the guise of national security has been decisively thwarted. No more will the incantation of the mystical phrase national security shield the government from the necessity of obtaining a warrant. Political surveillance, like an orthodox search and seizure, requires the full protection of the fourth amendment, if not a fuller protection bolstered by the first amendment. The task of implementing the right to be free from government surveillance will in the long run prove to be more difficult than was the task of establishing the right. Even if the extremely difficult barrier to the implementation of remedies for illegal surveillance can be overcome-that is, discovery of the existence of the surveillance-criminal penalties and monetary awards can never truly compensate the individual for the loss of dignity suffered as a consequence of a surreptitious invasion of privacy. And as long as the detection of surveillance faces grave technological and legal obstacles, there may be little effective deterrent to the use of illegal surveillance. In the final analysis, therefore, the application of the warrant requirement to political surveillance-as in all other forms of search and seizure for which it is required \u27 - necessitates the same kind of voluntary and good faith compliance by governmental officials with constitutionally sanctioned procedures as do all other instances of the implementation of fundamental rights of the individual. Sadly, the events of recent years and months indicate the paucity of bona fides among our elected officials and their appointed assistants
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