LSN Medical-Legal Studies eJournal, Vol. 10 No. 10, 04/05/2019

if this message does not display correctly, click here MEDICAL-LEGAL STUDIES EJOURNAL Sponsored by Florida State University Center for Innovative Collaboration in Medicine & Law Vol. 10, No. 10: Apr 5, 2019 GREGORY TODD, EDITOR Director of the FSU Center for Innovative Collaboration in Medicine and Law, Florida State University - College of Medicine gregory.todd@med.fsu.edu Browse ALL abstracts for this journal   Links: Subscribe ~ Unsubscribe | Distribution | Network Directors | Advisory Board | Submit ~ Revise Your Papers Announcements The Florida State University Center for Innovative Collaboration in Medicine and Law, http://med.fsu.edu/medicinelaw, is a joint effort of the Florida State University College of Medicine and College of Law. The mission of the Center for Innovative Collaboration in Medicine & Law is to identify and facilitate (through education, the conduct and dissemination of scholarship, and performance of service activities) opportunities for members of the medical and legal professions, working together and with others, to foster improvements in the quality of life enjoyed by individuals and to promote public health in Florida, the United States, and globally. Table of Contents Holding Physicians Accountable for Fertility Fraud Jody Lynee Madeira, Indiana University Maurer School of Law-Bloomington The Anticommons at Twenty: Concerns for Research Continue Jorge L. Contreras, University of Utah - S.J. Quinney College of Law ^top MEDICAL-LEGAL STUDIES EJOURNAL Sponsored by Florida State University Center for Innovative Collaboration in Medicine & Law "Holding Physicians Accountable for Fertility Fraud"  forthcoming Columbia Journal of Gender and Law (Spring 2020) JODY LYNEE MADEIRA, Indiana University Maurer School of Law-Bloomington Email: jmadeira@law.harvard.edu Recently, several cases have been filed in North America and Europe alleging that fertility physicians inseminated former patients with their own sperm, only to have this conduct come to light decades later when their unsuspecting adult children use direct-to-consumer genetic tests only to learn that they are not biologically related to their fathers and often have multiple half-siblings. For instance, Donald Cline of Indianapolis, Indiana, has over 50 donor-conceived children, with more continuing to come forward. Although these cases induce gut-level disgust, it has thus far proven difficult to hold these physicians legally accountable because their conduct seems to fall within gaps in existing civil and criminal laws. This article explores the legal contours of fertility fraud cases involving illicit physician inseminations, explaining why it falls through gaps in existing criminal and civil law, and why it is essential to take whatever measures are necessary to hold physicians accountable. Part I discusses six physicians who have thus far faced criminal or civil charges for their conduct in North America and analyzes why it is difficult to hold physicians criminally and civilly liable under existing law, including excerpts from an interview with the prosecutor in the Cline case. Part II discusses how fertility fraud violates various ethical and legal interests of female and male former patients and their donor-conceived children. Finally, Part III assesses how Cline's illicit inseminations affected parents and progeny, how they learn of these new genetic connections, what they think of Cline and his motivations, how they derive support from one another, their reactions to criminal proceedings against Cline, and why they regard a legislative "fertility fraud" bill as an ideal outcome. This article concludes by discussing efforts to pass a fertility fraud bill in Indiana. "The Anticommons at Twenty: Concerns for Research Continue"  Science 361(6400): 335-337 (Jul. 27, 2018) University of Utah College of Law Research Paper No. 303 JORGE L. CONTRERAS, University of Utah - S.J. Quinney College of Law Email: jorge.contreras@law.utah.edu Twenty years after Heller and Eisenberg predicted the emergence of an anticommons in biomedical research, this article assesses the currency of the anticommons theory. While a patent-fueled research anticommons does not appear to have emerged in the ways that Heller and Eisenberg envisioned, there are new ways in which the fragmentation of rights -- whether through trade secrecy, narrow licensing or data propertization -- continues to threaten research and commercial development. The anticommons theory thus remains as relevant today as it was when it was first proposed. ^top About this eJournal Sponsored by: Florida State University Center for Innovative Collaboration in Medicine & Law. This eJournal distributes working and accepted paper abstracts relating to the interplay of medicine and law, with particular attention to actual and potential interaction between the medical and legal professions. This eJournal distributes contributions that identify and analyze the legal, social, economic, and psychological aspects of contemporary issues on which there may be tension between physicians (and other health care providers) and attorneys. This eJournal also is interested in discussion of issues presenting opportunities for positive collaboration between the medical and legal professions. Representative topics might include: health care reform; the availability, affordability, and quality of health care; patient safety; legal services to medical patients; end-of-life medical care; and the medical malpractice system and alternative dispute resolution proposals. Editor: Marshall Kapp, Florida State University Submissions To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page. Distribution Services If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: sales@ssrn.com. Distributed by Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN) Directors HEALTH LAW EJOURNALS BERNARD S. BLACK Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI) Email: bblack@northwestern.edu RONALD J. GILSON Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI) Email: rgilson@leland.stanford.edu Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub. Advisory Board Medical-Legal Studies eJournal KENNETH BRUMMEL-SMITH Charlotte Edwards Maguire Chair and Professor, Department of Geriatrics, Florida State University College of Medicine DALE H. COWAN Attorney at Law, Oncology Services LLC JOHN P. FOGARTY Dean and Professor, Florida State University - College of Medicine VICTORIA L. GREEN Associate Professor, Department of Gynecology and Obstetrics, Emory University School of Medicine THEODORE R. LEBLANG Emeritus Professor of Law and Medicine, Southern Illinois University Schools of Medicine and Law DOUGLAS MOSSMAN Program Director in Forensic Psychiatry, University of Cincinnati College of Medicine CYRIL H. WECHT Clinical Professor of Pathology, University of Pittsburgh School of Medicine, Adjunct Professor, Duquesne University School of Law DONALD J. WEIDNER Dean Emeritus and Alumni Centennial Professor, Florida State University College of Law ^top Links: Subscribe to Journal | Unsubscribe from Journal | Join Site Subscription | Financial Hardship Subscription Management You can change your journal subscriptions by logging into SSRN User HQ. If you have questions or problems with this process, please email Support@SSRN.com or call 877-SSRNHelp (877.777.6435 or 212.448.2500). Outside of the United States, call 00+1+212+4482500. 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