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

\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

Spirited Imperialism: The Formation and Command of the First Canadian Expeditionary Force in South Africa

This article explores the role played by Chamberlain, Minto and Hutton in shaping the organizational and command structure of the Canadian expeditionary force that deployed to South Africa. In 1899, the war raised not only the vital question about the kind of imperial war Canada ought to participate in, but also the form of that participation. As this article demonstrates, the British politician, the colonial administrator and the general saw the war as an opportunity to advance their specific agenda, strongly fuelled by imperialist sentiments. In doing so, the ideas that shaped their actions between July and October 1899 provided the base for a succession of seemingly unrelated decisions that had a substantial influence on Canada’s contribution and on the command arrangements in South Africa. The Canadian soldiers who sailed to South Africa were, for the first time, grouped in a national military formation commanded by a Canadian officer, setting a precedent for the country’s participation in future conflicts

Leadership Trails: Lessons from the Lakota Sun Dance

This essay argues that while having a vision as a leader is important, that often means that the future is afforded more value than the past and the present. The past demonstrates the leadership trails, or the evidence for what has and has not worked for the organization as the leaders and members enact the leadership vision. Here I offer a leadership model that embraces leadership trails, one based on a decade of research on traditional Lakota life, particularly their most sacred ceremony, the Sun Dance. The Lakota-based leadership model consists of six elements: mitakuye oyasin (“we are all related”), respect, bravery, generosity, fortitude, and wisdom