Informed Consent Without Autonomy

This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in natural law, is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients\u27 decisions if those decisions are morally wrong or irrational

From Deepsouth to the Great White North: The Extraterritorial Reach of United States Patent Law After Research in Motion

In the Internet age, complex telecommunications systems are often deployed with little regard for international borders. In NTP, Inc. v. Research in Motion, Ltd., the Federal Circuit determined that one such system infringed several U.S. patents, despite the fact that an essential element of the system was located outside the territorial United States. This iBrief argues that the Federal Circuit erred in invoking the control and beneficial use test, which it culled from the very few prior cases addressing extraterritorial application of U.S. patent law. In doing so, the court disregarded the Supreme Court\u27s direction in Deepsouth Packing Co. v. Laitram Corp. that the United States\u27 patent laws make no claim to extraterritorial effect

\u3ci\u3eUnited States v. Caronia\u3c/i\u3e: Off-Label Drug Promotion and First Amendment Balancing

Off-label drug promotion is commonplace in the United States, but it is not without its dangers. While the Food, Drug, and Cosmetic Act does not explicitly ban off-label promotion, the Food & Drug Administration (FDA)— in order to protect consumers from unsafe and ineffective drugs—has taken steps to regulate it. The FDA does so through its intended-use regulation, which lists the types of evidence the FDA can consider in determining whether a drug is misbranded. It is a crime to sell a misbranded drug into interstate commerce or to conspire to do so. On September 25, 2015, the FDA proposed an amendment to the regulation, which has drawn opposition from various industry groups due to its potential to restrict the type of speech that is often used in off-label promotion. The First Amendment challenge to the proposed amendment rests on United States v. Caronia, in which the FDA was prevented from using truthful, nonmisleading speech to convict a pharmaceutical representative of a conspiracy to sell a misbranded drug. This Note examines whether the amendment to the regulation is permissible under Caronia. It first contends that the regulation does not facially violate the First Amendment. It further argues that the rule is constitutional and does not pose the same First Amendment issue as was seen in Caronia as long as the FDA implements it with care. This Note concludes by exploring various ways that the FDA can constitutionally regulate off-label drug promotion under the proposed rule

Aspects of Dark Matter Annihilation in Cosmology

Cosmic microwave background (CMB) constraints on dark matter annihilation are a uniquely powerful tool in the quest to understand the nature of dark matter. Annihilation of dark matter to Standard Model particles between recombination and reionization heats baryons, ionizes neutral hydrogen, and alters the CMB visibility function. Surprisingly, CMB bounds on dark matter annihilation are not expected to improve significantly with the dramatic improvements in sensitivity expected in future cosmological surveys. In this paper, we will present a simple physical description of the origin of the CMB constraints and explain why they are nearly saturated by current observations. The essential feature is that dark matter annihilation primarily affects the ionization fraction which can only increase substantially at times when the universe was neutral. The resulting change to the CMB occurs on large angular scales and leads to a phenomenology similar to that of the optical depth to reionization. We will demonstrate this impact on the CMB both analytically and numerically. Finally, we will discuss the additional impact that changing the ionization fraction has on large scale structure.Comment: 22 pages, 11 figure