Ethics Case Studies

· Compulsory Licenses for AIDS Medicines

In Dec. 2006, Thailand exercised its rights under the TRIPS agreement to issue compulsory licenses for the indigenous manufacture of an AIDS anti-retroviral medicine, overriding Merck’s patent on it. Includes: brief discussion and explanation of key terms; links to articles on the compulsory license and on AIDS in Thailand; and discussion questions oriented toward (a) utilitarian analysis and (b) identification of relevant stakeholders. Posted: 2/07.

· Child Abuse and Privacy (DeShaney v. Winnebago)

4-year-old Joshua DeShaney was beaten into severe mental retardation by his father, who was subsequently convicted of child abuse. But there were repeated signs that the father was abusive, and the state repeatedly failed to take Joshua out of the father’s custody. In the case, the Supreme Court ruled that the state did not have an obligation to intervene, citing, among other things, family privacy concerns. The case is thus a good example of the difficulties in deciding where to draw the line in family privacy cases, of how to understand the state’s obligation to protect its citizens from one another, and of how to understand social policies (like establishing a Department of Human Services) in this context. Includes the Court’s recounting of the facts of the case, and some discussion questions. Posted 4/08.

· Eminent Domain

“Eminent Domain” refers to the power of the government to take over certain properties for “public use,” such as building a highway. Over the last 100 years or so, courts have interpreted the term “public use” increasingly broadly, to allow such projects as urban renewal (basically, condemning blighted neighborhoods), municipal stadium construction, and so forth. In the case here, Kelo v. New London (2005), the court ruled that the Constitution did not prohibit eminent domain takings based on “economic development,” reasoning that such economic development was a public use.  Includes excerpts from the majority opinion, and dissents from O’Connor and Thomas. Posted 3/07.

· Futile Medical Treatment

This case is copied, with minor modifications, from Richard M. Zaner, Ethics and the Clinical Encounter (Prentice Hall, 1988), 21-26. It presents the difficulty in knowing what to do in the treatment program for a terminally ill infant, for whom treatment would be futile. Includes a couple of paragraphs from Zaner’s text, as well as discussion questions designed to draw out the difficulty in applying the policy that states that futile treatments are not to be undertaken. Posted: 2/07.

· Jake Baker

Jake Baker was a college student who wrote violent pornographic stories on the Usenet. When he started naming other students, the police raided his dorm room and impounded his computer. His computer contained a detailed email exchange with an unknown correspondent discussing the possibility of abducting and assaulting an actual student. On the basis of these emails, Baker was charged with transmitting a threat. Includes most of the text of the “facts” part of the opinion from the court case, as well as discussion questions. Warning: some of the emails are very graphic and disturbing. Posted: 2/07

· McBroom

McBroom was charged with the possession of child pornography after images were found on his computer. At sentencing, he asked for a reduced sentence on the grounds that, although he recognized that what he did was wrong, he was unable to stop himself. He then cited a history of childhood abuse and adult OCD, his treatment history, and prevalence of pornography online. The case thus presents issues as to the scope of “autonomy,” how one might think about akrasia, and whether the Internet facilitates crime. Includes text from the court case and discussion questions. Posted 2/07.

· Moore’s Spleen

James Moore had his spleen removed as part of a cancer treatment program. His doctors then derived a lucrative cell line from the spleen. Moore sued for a piece of the revenues on the grounds that the doctors illegally “converted” his spleen to their use. The case raises questions about alienation, the status of one’s body, and of intellectual property and medical research. Includes some of the court’s opinion, as well as discussion questions. Posted 2/07.

· Ugandan Banana Wilt

Uganda faces chronic food insecurity. One of its main crops – bananas – is currently being ravaged by a kind of bacterial wilt. Scientists could try to genetically engineer a wilt-resistant strain of banana. However, not only would such a course of action implicate general concerns about GMO food, Uganda currently lacks the regulatory infrastructure necessary to implement it. Includes an introductory discussion and three sets of discussion questions: one more general, one focusing on the “precautionary principle,” and one focusing on issues of democracy. Posted 3/07.

· WTC Victim Compensation

One of the issues emerging from the 9/11 attacks is if and how victims will be compensated. This is an actuarial question, and has to do with different strategies for valuing a human life. It thus pushes utilitarian calculations in a direction that many find uncomfortable. The study is based out of an article in the Economist, and includes discussion questions. Posted 2/08.

Questions/comments: ghull@iastate.edu

All material on this and linked pages to which I own the rights is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.