Human Experimentation: Consent
Order Description

The total number of sources is 30 I have already research 14 of them and have created an outline, the citations from such sources must be included in the final draft. Please use the attached format as well as the citations I provided, along with 16 more that you find. I have attached the assignment details as well,

Thank you!
Tatiana Giraldo

Paper Format
• 10-12 pages (not including cover page, table of contents, and footnotes)
• Double spaced
• Table of contents
• Footnote citations (use the sample prior midterm, Harvard Law Journal and Georgia Law Review articles I posted on Canvas as guidelines)
• Clear headings for introduction, background section, main argument sections, argument subsections, counterargument section, rebuttal section, and conclusion (use the Georgia Law Review article I posted on Canvas as a guideline)
This is a position paper that I expect you to write from a legal research/analysis standpoint. It must have a business ethics theme to it, and must be narrow enough of a topic for you to write a decent 10 page paper. My goal by the due date of this paper is for you to gain the basic tools for rudimentary legal research.
In this paper, you will have a clear position and you will argue for that position. You will cite official government publications, statutes and binding caselaw precedent as your main sources of support, and other reliable sources as secondary sources of support.
Your paper must also include an opposing view and a strong rebuttal of that opposing view. Both the opposing view and the rebuttal must have strong citations to caselaw, statutes, and other strong sources of information.
Do not back your major points with unreliable sources or outdated statutes or caselaw. One example of an unacceptable citation is reasoning that has been overruled by another binding case, i.e. Plessy v. Ferguson’s 1896 reasoning that racial segregation is justified under the U.S. Constitution that was overruled by Brown v. Board of Education in 1954. If you back your claims with weak sources, I will deduct points for both your argument’s strength and citations.
You must have a reliable footnote citation for every fact you state (some sentences may have multiple footnotes).
Grading
Midterm = 250 points of final grade of 1000 points (25% of your final grade). The following are the possible total points I will award.
• Citations/quality/variety of sources: 75 points
• Strength/novelty of argument: 75 points
• Strength of rebuttal: 75 points
• Grammar/spelling/punctuation/formatting: 25 points

Table of Contents
I. Introduction
II. Background
III. Solution
IV. Reason 1
V. Reason 2
VI. Reason 3
VII. Counterargument
VIII. Rebuttal
IX. Conclusion
I. Introduction
II. Background/Problem
III. Solution
III. Reason for soulition 1:
V. Reason for solution 2:
VI. Reason for solution 3:
VII. Counterargument
VIII. Rebuttal
IX. Conclusion
Must cite this ……
1)“to give assent or approval”—Webster dictionary
2) “The U.S. Public Health Service (USPHS) initiated an experiment in a group of black males to determine the natural course of untreated, latent syphilis in black males. The test comprised 400 syphilitic men, as well as 200 un-infected men who served as controls…When penicillin became widely available by the early 1950s as the preferred treatment for syphilis, the men did not receive therapy”.—- Brandt, Allan M. “Racism and Research: The Case of the Tuskegee Syphilis Study.” The Hastings Center Report, vol. 8, no. 6, 1978, pp. 21–29. www.jstor.org/stable/3561468.

3) “In 1946, the US “stipulated a no-treatment policy for individuals requiring medical attention” after the atomic bombs of Nagasaki and Hiroshima, in 1945.”—- Paddy Rawlinson. “Of Mice and Men: Violence and Human Experimentation.” State Crime Journal, vol. 2, no. 1, 2013, pp. 72–90. www.jstor.org/stable/10.13169/statecrime.2.1.0072
4) Between 1931 and 1945, Japanese army doctor, Shiro Ishii, conducted a series of tests for the effects of biological weapons. Doctor Ishii used prisoners and Chinese civilians as his subjects,— Id See page 78.

5) “the federal government is not liable under the Federal Tort Claims Act, 28 U.S.C.S. § 2671 et seq., for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service”.—- See United States v. Stanley, 438 U.S. 669 (1987) (injecting serviceman secretly with chemicals)

6) “trials conducted in foreign Brandt, Allan M. “Racism and Research: The Case of the Tuskegee Syphilis Study.” The Hastings Center Report, vol. 8, no. 6, 1978, pp. 21–29. www.jstor.org/stable/3561468.
note 2
7) “public health agendas in developed societies increasingly…encourage the birth of perfect children, prompting large number of abortions of fetuses tested positive for Down’s syndrome, which amounts to eliminating an entire category of human being— Brandt, Allan M. “Racism and Research: The Case of the Tuskegee Syphilis Study.” The Hastings Center Report, vol. 8, no. 6, 1978, pp. 21–29. www.jstor.org/stable/3561468.

8) Consent may be a positive action such as signing a form saying “yes” or just nodding. This is usually called “express consent” or “assent.” It may be hard to determine the expression of consent because of speech or language difficulties.—- Singleton, Peter, and Michael Wadsworth. “Confidentiality and Consent in Medical Research: Consent for the Use of Personal Medical Data in Research.” BMJ: British Medical Journal, vol. 333, no. 7561, 2006, pp. 255–258. www.jstor.org/stable/40698849.

9) Our current emphasis on the rights of individuals to knowledge and control over their participation in medical experimentation emerged some two years after the second world war with the
Nuremberg code.— certain types of medical experiments on human beings, when kept within reasonably well-defined bounds, conform to the ethics of the medical profession generally. The protagonists of the practice of human experimentation justify their views on the basis that such experiments yield results for the good of society that are unprocurable by other methods or means of study. however, that certain basic principles must be observed in order to satisfy moral, ethical and legal concepts: —“Chapter 2 – History of Rules About Research in Humans.” Chapter 2 – History of Rules About Research in Humans, HHS, ori.hhs.gov/education/products/ucla/chapter2/page00.htm.

10) Professionals who intervene in the lives of others are held to higher standards. They are obligated to inform the layperson of the consequences of their mutual agreements. —– Levine, Robert J. “Informed Consent.” Ethics and Regulation of Clinical Research: Second Edition, Yale University Press, 1986, pp. 95–154, www.jstor.org/stable/j.ctt32bfnv.10.

11) The negotiations component parts: 1) informing, 2)assessment of the prospective consentons comprehension, 3)assessment of the prospective consentons autonomy, and 4) consent.— Levine, Robert J. “Informed Consent.” Ethics and Regulation of Clinical Research: Second Edition, Yale University Press, 1986, pp. 95–154, www.jstor.org/stable/j.ctt32bfnv.10.

12) Physicians thus frequently minimize the value of informed consent in providing protection for patients/subjects [because] un-scrupulous physician/investigator can easily manipulate the patient or subject, no matter what provisions are made for “informed consent.”—- Gray, Bradford H. “Complexities of Informed Consent.” The Annals of the American Academy of Political and Social Science, vol. 437, 1978, pp. 37–48. www.jstor.org/stable/1042491.

13) Between 1945 and 1962, the United States government, as part of its atomic bomb testing program, detonated approximately 181 nuclear devices at test sites in the southwestern United States and the Pacific Ocean. These nuclear tests exposed approximately 400,000 military and Atomic Energy Commission personnel engaged in concurrent troop maneuvers to varying levels of atomic radiation. —- Grim Legacy of Nuclear Testing, N.Y. Times, April 22, 1979 § 6 (Magazine), at 70.

14) Forms of administration of radioactive substances and radiation ranged from direct injection of “volunteers” with a solution containing plutonium to “flashblindness” experiments— Calkins, Laura M. “Historical Records and Homeland Security: The Declassification and Retraction of Government Documents on Human Radiation Experiments.” International Journal of Feminist Approaches to Bioethics, vol. 1, no. 2, 2008, pp. 165–173. www.jstor.org/stable/40339183.