Maxwell J. Mehlman
Maxwell J. Mehlman
Arthur E. Petersilge Professor of Law and Professor of Bioethics, School of Medicine; Director of the Law-Medicine Center; Distinguished University Professor
Areas of Expertise: Health Law and Torts
Articles
Mehlmen on our Scholarly Commons
Book Chapters
Maxwell J. Mehlman, The Ethical, Legal, and Social Implications of Antiaging Technologies, in Aging, Biotechnology, and the Future (Catherine Y. Read, Robert C. Green & Michael A. Smyer eds., 2008).
Aging, Biotechnology, and the Future by Call Number: WT 104 A267abf 2008 (Allen Library)ISBN: 9780801887888Publication Date: 2008This wide-ranging, multidisciplinary collection examines how advances in medicine and technology are affecting the aging process and the lives of elderly persons. In analyzing the state of biotechnology, these essays applaud the positive--extended longevity and the potential for greater quality of life--while probing such ethical quandaries as presymptomatic genetic testing, therapeutic cloning, antiaging technologies, and the transhumanist movement. The volume includes discussions about the respective roles of health care professionals, government, and individuals in shaping a workable regulatory framework and unifying multiple perspectives to make the biotechnology revolution beneficial to all.
Maxwell J. Mehlman, Medical Malpractice, in Bioethics (Bruce Jennings ed., 2014).
Maxwell J. Mehlman, Soldier Enhancement, in Bioethics (Bruce Jennings ed., 2014).
Bioethics by Call Number: QH332 .E52 2014 (Kelvin Smith Library)ISBN: 9780028662053Publication Date: 2014Is denying a patient medical care ever justified? Should patents on living organisms be permitted? When does "consciousness" begin in human being? Are there circumstances under which people should be sterilized? Questions such as these and others are the basis of assignments, debate topics, and life and death decisions people face everyday. They are aspects of a broad and dynamic field called Bioethics. Bioethics is the where ethics--right and wrong--intersect with biology, medicine, biotechnology, politics, law, religion and philosophy. It encompasses issues of profound importance to students, faculty and laypersons. Yet balanced, objective information--free from business, political or religious agendas--is hard to come by.
Maxwell J. Mehlman, Behavioral Genetics: Can We Prevent Crimes Before They Are Committed?, in Biomedical Ethics: A Multidisciplinary Approach to Moral issues in Medicine and Biology (David Steinberg ed., 2007).
Biomedical Ethics by Call Number: R724 .B4914 2007ISBN: 9781584656432Publication Date: 2007Today's complex set of moral issues involving medical research, health care, and the biological sciences can best be understood through the diverse perspectives of healthcare-providers, scientists, and others who have a vital stake in the field. Culled from the pages of the groundbreaking journal, Lahey Clinic Medical Ethics, this book offers students, healthcare professionals, and the general public insights into key ethical concepts and their practical applications through the writings of physicians, philosophers, theologians, nurses, humanists, anthropologists, psychologists, historians, policy experts, lawyers, and others.The collection includes introductory articles by the editor, Dr. David Steinberg, that put into context the contributions by such noted experts as Jerome Kagan, Laurie Zoloth, Stuart Youngner, Daniel Callahan, Albert Jonson, George Annas, Dan Brock, Bernard Gert, Daniel Dennett, Peter Singer, Alexander Morgan Capron, and Robert Veatch. The volume includes discussions of bioethical challenges in the clinical arena; ethical challenges associated with advances in biotechnology, genetics, and reproductive medicine; legal perspectives; physician-assisted suicide and euthanasia; health policy and distributive justice; the experience of illness, and many more critical issues. Commentary on such issues from a broad range of perspectives-including debates among proponents of clashing viewpoints-adds to the book's richness, texture, and depth.Biomedical Ethics is an essential volume for professional schools of medicine, law, nursing, medical technology, social work, and healthcare administration, and it is an excellent supplemental text for ethics courses in philosophy, religion, sociology, and public policy.
Maxwell J. Mehlman, Modern Eugenics and the Law, in A Century of Eugenics in America 219 (Paul Lombardo ed., 2011).
Maxwell J. Mehlman, Human Enhancement Uses of Biotechnology, Genetic Enhancement and the Regulation of Acquired Genetic Advantages, in Encyclopedia of Ethical, Legal and Policy Issues in Biotechnology 515 (Thomas H. Murray & Maxwell J. Mehlman eds., 2000).
Encyclopedia of Ethical, Legal, and Policy Issues in Biotechnology by Call Number: TP248.16 .E539 2000ISBN: 0471176125Publication Date: 2000This set is comprehensive and technically literate and more informative on regulation and policy issues. Thomas Murray is a world-renowned leader in this field. This set is comprehensive and technically literate with very informative entries on regulation and policy issues.
Maxwell J. Mehlman, Super Soldiers (Part 1): What is Military Human Enhancement?, in Global Issues and Ethical Considerations in Human Enhancement Technologies 119 (Stephen John Thompson ed., 2014) (with Patrick Lin, Keith Abney, and Jai Galliott).
Global Issues and Ethical Considerations in Human Enhancement Technologies by ISBN: 9781466660106Publication Date: 2014With rapid advancements in human enhancement technologies, society struggles with many issues, such as definition, effects, participation, regulation, and control. Current and future initiatives in these technologies may not be in the participants' best interests; therefore, it is imperative for research on humanitarian considerations to be available to those affiliated with this field. Global Issues and Ethical Considerations in Human Enhancement Technologies compiles prestigious research and provides a well-rounded composite of the field's role in emerging technologies. Addressing both present and future concerns, this publication serves as a valuable reference work for researchers, students, professionals, and practitioners involved in computer science and the humanities, as well as many engaged in a humanities approach to metasystems, new artificial life, and robotics.
Maxwell J. Mehlman, Access to the Genome and Federal Entitlement Programs, in The Human Genome Project and the Future of Health Care 113 (Thomas H. Murray, M. Rothstein & R. Murray, Jr. eds., 1996).
The Human Genome Project and the Future of Health Care by Call Number: QH445.2.H87 1996ISBN: 0253332133Publication Date: 1996The volume deserves our serious attention. The authors have provided us an invaluable primer about the HGP and its implications for the future of American health care." --Jurimetrics
Maxwell J. Mehlman, Promoting Fairness in the Medical Malpractice System, in Medical Malpractice and the U.S. Health Care System 137 (William M. Sage & Rogan Kersh eds., 2006).
Medical Malpractice and the U. S. Health Care System by Call Number: KF2905.3 .M4393 2006ISBN: 9780521614115Publication Date: 2006Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance, and tort litigation.
Maxwell J. Mehlman, New Directions: Public Accountability and Program Evaluation, in Medicare: New Directions in Quality Assurance (Proceedings) 82 (Molla S. Donaldson, Jo Harris-Wehling & Kathleen N. Lohr eds., 1991).
Medicare by Call Number: RA395.A3M42 1991ISBN: 0309044294Publication Date: 1991This book contains chapters and commentaries by members of the Institute of Medicine (IOM) committee and by outstanding practitioners, researchers, legislators, and policymakers about the IOM's proposals for new directions in quality assurance as specified in Medicare: A Strategy for Quality Assurance, Volumes 1 and 2. Sections of this new book address ideas about how to move toward increasing professionalism, implementing orgranization and system-focused quality improvement, better decision making by patients and clinicians, patient outcomes orientation, and public accountability and program evaluation. Other sections explore research questions and capacity building in the field of quality assessment and improvement, the epidemiology and quality problems, and legal issues in quality assessment.
Maxwell J. Mehlman, How Close Are We to Being Able to Achieve the Transhumanist Vision?, in The Posthuman Condition: Ethics, Aesthetics and Politics of Biotechnological Challenges 38 (Kasper Lippert-Rasmussen, Mads Rosenthal Thomsen & Jacob Wamberrg eds., 2012).
The Oxford Handbook of U.S. Healthcare Law by Call Number: KF3821 .O98 2017ISBN: 9780199366521Publication Date: 2016The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including theAffordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issuesinvolving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policyin health law.
Maxwell J. Mehlman, Genomics and the Law, in The Oxford Handbook of U.S. Health Law 1113(I. Glenn Cohen, Allison K. Hoffman, and William M. Sage, eds., 2017)
The Posthuman Condition: Ethics, Aesthetics and Politics of Biotechnological Challenges by
Call Number: eBookPublication Date: 2012
Maxwell J. Mehlman, Genetic Enhancement in Sport: Ethical, Legal, and Policy Concerns, in Performance-Enhancing Technologies in Sports: Ethical, Conceptual, and Scientific Issues 205 (Thomas H. Murray, Karen J. Maschke & Angela A. Wasunna eds., 2009).
Performance-Enhancing Technologies in Sports by Call Number: OhioLinkISBN: 9780801893612Publication Date: 2009This book brings together an interdisciplinary group of experts in bioethics, sports, law, and philosophy to examine the need for regulating such athletic performance-enhancing technologies as steroids and gene doping. The use of performance-improving drugs in sports dates back to the early Olympians, who took an herbal tonic before competitions to augment athletic prowess. But the permissibility of doing so came into question only in the twentieth century as the popularity of anabolic steroid use and blood doping among athletes grew. Sports officials and others--aided by the development of technologies to test participants for proscribed substances--became concerned over the physical safety of athletes and competitive fairness in sporting events. In exploring the culture, ethics, and policy issues surrounding doping in competitive athletics, the contributors to this volume detail the history and current state of drug use in sports, analyze the distinctions between acceptable and unacceptable usages, evaluate the ethical arguments for and against permitting athletes to avail themselves of new means of improving athleticism, and discuss possible future doping technologies and the issues that they are likely to raise. They explain how and why some athletes resort to doping and assess what the fair opportunity principle means in theory and practice and how it relates to the concept of an equal opportunity to perform. This frank discussion of doping in sports includes accounts by former elite athletes and offers an illuminating exchange over the meaning and value of natural talents and genetic hierarchies and the essence of fair competition.
Maxwell J. Mehlman, Historical Trends in Malpractice Litigation, in Physician Executives and the Law: Issues and Trends in Liability 21 (Todd Sagin ed., 1996).
- Physician Executives and the Law: Issues and Trends in Liability byCall Number: OhioLinkPublication Date: 1996
Maxwell J. Mehlman, Moore v. Regents of the University of California, in Property Stories (Gerald Korngold & Andrew P. Morriss eds., 2004).
Property Stories by Call Number: KF5698.P75 2004ISBN: 1587785048Publication Date: 2004This title provides a law student with an enriched understanding of twelve leading property cases. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the cases have attained noteworthy status. The volume is suitable for adoption as a supplement in a first-year property course, or as a text for an advanced seminar.
Maxwell J. Mehlman, FARA—Some Proposals for Reform, in the Registration of Foreign Agents in the United States: A Practical and Legal Guide 317 (Joseph E. Pattison & John L. Taylor eds. 1981).
- Registration of Foreign Agents in the United States: A Practical and Legal Guide byCall Number: KF4854.R43Publication Date: 1981
Maxwell J. Mehlman, Captain American and Iron Man: Biological, Genetic, and Psychological Enhancement and the Warrior Ethos, in The Routledge Handbook of Military Ethics (George R. Lucas ed., 2015).
Routledge Handbook of Military Ethics by Call Number: OhioLinkISBN: 9780415743686Publication Date: 2015The Routledge Handbook of Military Ethics is a comprehensive reference work that addresses concerns held in common by the military services of many nations. It attempts to discern both moral dilemmas and clusters of moral principles held in common by all practitioners of this profession, regardless of nation or culture. Comprising essays by contributors drawn from the four service branches (Army, Navy, Air Force, and Marine corps) as well as civilian academics specializing in this field, this handbook discusses the relationship of "ethics" in the military setting to applied and professional ethics generally.
Maxwell J. Mehlman, Introduction to Genetics and the Law in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Mette Hartlev and Sonia Suter)
Maxwell J. Mehlman, Genetics and the Law: United States in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Sonia Suter)
Maxwell J. Mehlman, Genetics and the Law: Conclusion in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Mette Hartlev and Sonia Suter)
Oxford Handbook of Comparative Heath Law by Call Number: online accessISBN: 9780190846763Publication Date: 2020The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges
Books
Access to the Genome by Call Number: QH431.M366 1998ISBN: 0878406778Publication Date: 1998Completion of the Human Genome Project will make possible a staggering array of new medical technologies, including new diagnostic and screening tests for inherited disorders, gene therapies, and the ability to manipulate a person's inherited, non-disease traits. Most of the attention given to the social implications of these technologies has focused on their potential to harm the individual, for example, by denying employment or insurance.This book explores instead the potential harm to society if we unfairly distribute the enormous benefits of genetic technologies. The resulting division of society into genetic haves and have-nots would undermine the basic foundation of Western democratic society -- the belief in equality of opportunity.This book explains, in terms that can be understood by the general reader, how DNA works, what the Human Genome Project is, what these genetic technologies are and what they promise, and how they could disrupt our democratic society.In an original contribution to the literature, the book then discusses the alternatives for avoiding the creation of a genetic underclass, ranging from halting the Human Genome Project itself to making genetic technologies available without regard to ability to pay. The authors' provocative conclusion is that a lottery in which everyone has a chance to obtain access to these technologies is the only feasible option.This book will be of interest to anyone who wishes to learn more about the Human Genome Project and the genetic revolution that it will create, as well as those who already are familiar with the project and are concerned about the social consequences of its scientific developments.
Delivering High Technology Home Care by Call Number: WY 115 D335d 1991ISBN: 0826176100Publication Date: 1991- Encyclopedia of Ethical, Legal, and Policy Issues in Biotechnology by Call Number: TP248.16.M87 2000ISBN: 0471176125Publication Date: 2000This set is comprehensive and technically literate and more informative on regulation and policy issues. Thomas Murray is a world-renowned leader in this field. This set is comprehensive and technically literate with very informative entries on regulation and policy issues.
Genetics: Ethics, Law, and Policy by Call Number: KF3827.G4 A85 2002ISBN: 0314259554Publication Date: 2002
Genetics: Ethics, Law, and Policy (2nd ed) by Call Number: KF3827.G4 A85 2006ISBN: 0314162933Publication Date: 2006This is the revised edition of the casebook, Genetics: Ethics, Law, and Policy, which has been used successfully in law schools in both the seminar and course context. It is authored by three of the nation's leading experts on genetic ethics, law and policy. Students enjoy the course because of the topicality of the subjects, many of which they hear about in the news (gene discoveries, embryo stem cell research). Faculty members enjoy teaching from the book because of the excellent teaching manual and because they can link it to other topics ? the casebook covers issues in health law, employment law, insurance law, criminal law, family law, and other fields. The casebook is supplemented regularly on the TWEN website, so that it is always current. A background in genetics is not required for either students or teachers. The casebook and teachers? manual are written so that the casebook can be used for undergraduate courses or courses for the health professions, for public health, or for public policy.
Genetics: Ethics, Law, and Policy (3rd ed) by Call Number: KF3827.G4 A85 2010ISBN: 9780314911865Publication Date: 2010Perfect for an upper level seminar or course, this casebook traces the legal impacts of genetics across the legal spectrum--from family law to medical law to forensics. It addresses international and federal regulation of genetic research; medical applications including prenatal testing, pharmacogenomics, and gene therapy; paternity testing; intellectual property rights; and the use of genetic technologies by social institutions, including law enforcement, courts, insurers, employers and schools. The 3rd edition newly covers Octomom and President Obama's stem cell directive. No scientific background on the part of the students or professor is required.
Genetics: Ethics, Law, and Policy (4th ed.) by ISBN: 9781634591577Publication Date: 2015This book covers the legal impact of genetics across the legal spectrum--from family law to medical malpractice law to forensics. It is perfect for an upper level seminar or course. It addresses ethical and legal issues of contemporary significance, including the regulation of genetic research; medical applications including prenatal testing, pharmacogenomics, and gene therapy; paternity testing; intellectual property rights; and the use of genetic information by law enforcement, courts, insurers, employers, and schools. No scientific background on the part of the students or professor is required.
Genetics: Ethics, Law, and Policy (5th ed.) by Call Number: KF3827.G4A85 2020ISBN: 9781642427691Publication Date: 2020This book covers the ethical, legal, and policy impact of human genetics across a broad range--from research ethics to medical malpractice law to forensics. It is perfect for an upper level law school, graduate, or undergraduate seminar or course. It addresses ethical, legal, and policy issues of contemporary significance, including the regulation of genetic research; medical applications including prenatal testing, pharmacogenomics, and gene therapy; intellectual property rights; and the use of genetic information by law enforcement, insurers, and employers. No scientific background on the part of the students or professor is required.
Justice and Health Care by Call Number: K3601.Z9J87 1995ISBN: 0471955264Publication Date: 1996This ninth volume in the series of King's College Studies demonstrates the essential need for interplay between law, economics, political science and moral philosophy when formulating health policy. It addresses the issue of justice in the provision of health care by examining the problems faced in the American health care system, such as discrimination against ethnic and disabled groups, and the correlation between wealth and health. Subsequently it broadens the debate by turning to consider approaches in other health care systems such as those in the UK and Canada. This thought-provoking collection constitutes a useful and informative reference source that will be of particular interest to medical and health care practitioners across all specialties, philosophers, medical sociologists, health economists and lawyers.- Medical Injustice: The Case Against Health Courts byCall Number: RA1056.5 .M44 2007Publication Date: 2007
The Price of Perfection by Call Number: RA418.5.M4 M45 2009ISBN: 9780801892639Publication Date: 2009Few would question the necessity of artificial limbs for amputees. But what of surgery to lengthen the legs of children who are merely shorter than average? Hardly anyone would challenge the decision to prescribe Aricept to people with dementia. But is it acceptable to give the same medication to airline pilots seeking sharper mental focus on long-haul flights? Humans have engaged in biological self-improvement since long before recorded history, from the impotence-curing wild lotus brew of the ancient Egyptians to the herbal energy drink favored by early Olympians. Now biomedical enhancements are pushing the boundaries of possibility and acceptability. Where do we draw the line? How do we know the true ramifications of pioneering medicine? What price are we willing to pay for perfection? Maxwell J. Mehlman's provocative examination of these issues speaks to fundamental questions of what it means to be human. He finds public officials ill-equipped to handle the ethical, scientific, and public policy quandaries of biomedical enhancement. Instead of engaging difficult questions of morality, access, fairness, and freedom, elected officials have crafted toothless and counterproductive laws and regulations. Mehlman outlines policy options to boost the societal benefits and minimize the risks from these technologies. In the process, he urges the public to face the ethical issues surrounding biomedical enhancement, lest our quest for perfection compromise our very humanity.- Resolving the Medical Malpractice Crisis: Fairness Considerations byCall Number: OhioLinkPublication Date: 2003
Transhumanist Dreams and Dystopian Nightmares by Call Number: QH442 .M44 2012ISBN: 9781421406695Publication Date: 2012Transhumanists advocate for the development and distribution of technologies that will enhance human intellectual, physical, and psychological capacities, even eliminate aging. What if the dystopian futures and transhumanist utopias found in the pages of science journals, Margaret Atwood novels, films like Gattaca, and television shows like Dark Angel are realized? What kind of world would humans have created? Maxwell J. Mehlman considers the promises and perils of using genetic engineering in an effort to direct the future course of human evolution. He addresses scientific and ethical issues without choosing sides in the dispute between transhumanists and their challengers. However, Transhumanist Dreams and Dystopian Nightmares reveals that radical forms of genetic engineering could become a reality much sooner than many people think, and that we need to encourage risk-management efforts. Whether scientists are dubious or optimistic about the prospects for directed evolution, they tend to agree on two things. First, however long it takes to perfect the necessary technology, it is inevitable that humans will attempt to control their evolutionary future, and second, in the process of learning how to direct evolution, we are bound to make mistakes. Our responsibility is to learn how to balance innovation with caution.
Wondergenes by Call Number: QH438.7.M44 2003ISBN: 0253342740Publication Date: 2003Wondergenes not only imagines a future world in which genetic enhancement is the norm, but asserts that this future has already begun. Genetically engineered substances are already in use by athletes, in vitro fertilization already provides the primitive means by which parents can "select" an embryo, and the ability to create new forms of genetically engineered human beings is not far off. What happens when gene therapy becomes gene enhancement? Who will benefit and who might be left behind? What are the costs to our values and beliefs, and to the future of our society? To answer these questions, Maxwell J. Mehlman provides an overview of the scientific advances that have led to the present state of genetic enhancement and explains how these advances will be used in the future to redefine what we think of as a normal human being. He explores the ethical dilemmas already facing researchers and medical practitioners, and the dilemmas we will all be expected to face. In his forecast of the dangers inherent in this technology, he is particularly concerned with the emergence of a "genobility" made up of those able to afford increasingly expensive enhancement. Wondergenes is a serious, accessible introduction to the social and personal implications of genetic engineering. Mehlman weighs the social and economic costs of the many proposals to regulate or limit genetic engineering and provides six concrete policy recommendations--from professional licensing to a ban on germ-line enhancement--that propose to make the future of genetic enhancement more equitable and safe.- Yale Legislative Services Handbook of Legislative Drafting byCall Number: KF4950.M45Publication Date: 1997
