Matching Items (28)
Description
Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of testing and standards for categorization. Chapter Three explores the process of identifying and assigning the sex of intersex children. Chapter Four examines the process of prenatal sex selection and its ethical implications. Chapter Four also offers an anticipatory governance framework to address these implications.
ContributorsParsi, John (Author) / Crittenden, Jack (Thesis advisor) / Guston, David H. (Committee member) / Marchant, Gary (Committee member) / Arizona State University (Publisher)
Created2013
Description
ABSTRACT Whole genome sequencing (WGS) and whole exome sequencing (WES) are two comprehensive genomic tests which use next-generation sequencing technology to sequence most of the 3.2 billion base pairs in a human genome (WGS) or many of the estimated 22,000 protein-coding genes in the genome (WES). The promises offered from WGS/WES are: to identify suspected yet unidentified genetic diseases, to characterize the genomic mutations in a tumor to identify targeted therapeutic agents and, to predict future diseases with the hope of promoting disease prevention strategies and/or offering early treatment. Promises notwithstanding, sequencing a human genome presents several interrelated challenges: how to adequately analyze, interpret, store, reanalyze and apply an unprecedented amount of genomic data (with uncertain clinical utility) to patient care? In addition, genomic data has the potential to become integral for improving the medical care of an individual and their family, years after a genome is sequenced. Current informed consent protocols do not adequately address the unique challenges and complexities inherent to the process of WGS/WES. This dissertation constructs a novel informed consent process for individuals considering WGS/WES, capable of fulfilling both legal and ethical requirements of medical consent while addressing the intricacies of WGS/WES, ultimately resulting in a more effective consenting experience. To better understand components of an effective consenting experience, the first part of this dissertation traces the historical origin of the informed consent process to identify the motivations, rationales and institutional commitments that sustain our current consenting protocols for genetic testing. After understanding the underlying commitments that shape our current informed consent protocols, I discuss the effectiveness of the informed consent process from an ethical and legal standpoint. I illustrate how WGS/WES introduces new complexities to the informed consent process and assess whether informed consent protocols proposed for WGS/WES address these complexities. The last section of this dissertation describes a novel informed consent process for WGS/WES, constructed from the original ethical intent of informed consent, analysis of existing informed consent protocols, and my own observations as a genetic counselor for what constitutes an effective consenting experience.
ContributorsHunt, Katherine (Author) / Hurlbut, J. Benjamin (Thesis advisor) / Robert, Jason S. (Thesis advisor) / Maienschein, Jane (Committee member) / Northfelt, Donald W. (Committee member) / Marchant, Gary (Committee member) / Ellison, Karin (Committee member) / Arizona State University (Publisher)
Created2013
Description
Principles of climate mitigation in environmental ethics often draw on either considerations of fairness and forward-looking concerns, or on justice and backward-looking concerns. That is, according to some theorists, considerations of the current distribution of climate benefits and burdens are foremost, while others take repairing historic wrongs as paramount. Some theorists integrate considerations of fairness and justice to formulate hybrid climate principles. Such an integrative approach is promising particularly in the context of environmental harm to indigenous subsistence peoples, who are among those suffering the most from climate change. I argue that existing integrative climate principles tend not to sufficiently emphasize considerations of backward-looking justice. This is a problem for indigenous peoples seeking reparations for environmental harm and violations of their human rights. Specifically, indigenous people in the Arctic suffer a cultural harm from climate change as they lose their land, and their way of life, to erosion, cementing their status as climate refugees. I argue that the current climate situation facing Native Arctic people is unfair according to Rawls' second principle of justice. In addition, the situation is unjust as indigenous people suffer from emissions by others and few attempts are made for reparations. Thus, Rawlsian fairness combined with reparative justice provide a befitting theoretical framework. I conclude that an acceptable climate principle will adequately integrate considerations of both fairness and justice, both forward-looking and backward-looking considerations.
ContributorsSweetland, Lauren (Author) / Brake, Elizabeth (Thesis advisor) / Tsosie, Rebecca (Committee member) / Portmore, Douglas (Committee member) / Arizona State University (Publisher)
Created2014
Description
Neuroimaging has appeared in the courtroom as a type of `evidence' to support claims about whether or not criminals should be held accountable for their crimes. Yet the ability to abstract notions of culpability and criminal behavior with confidence from these imagines is unclear. As there remains much to be discovered in the relationship between personal responsibility, criminal behavior, and neurological abnormalities, questions have been raised toward neuroimaging as an appropriate means to validate these claims.
This project explores the limits and legitimacy of neuroimaging as a means of understanding behavior and culpability in determining appropriate criminal sentencing. It highlights key philosophical issues surrounding the ability to use neuroimaging to support this process, and proposes a method of ensuring their proper use. By engaging case studies and a thought experiment, this project illustrates the circumstances in which neuroimaging may assist in identifying particular characteristics relevant for criminal sentencing.
I argue that it is not a question of whether or not neuroimaging itself holds validity in determining a criminals guilt or motives, but rather a proper application of the issue is to focus on the way in which information regarding these images is communicated from the `expert' scientists to the `non-expert' making decisions about the sentence that are most important. Those who are considering this information's relevance, a judge or jury, are typically not well versed in criminal neuroscience and interpreting the significance of different images. I advocate the way in which this information is communicated from the scientist-informer to the decision-maker parallels in importance to its actual meaning.
As a solution, I engage Roger Pielke's model of honest brokering as a solution to ensure the appropriate use of neuroimaging in determining criminal responsibility and sentencing. A thought experiment follows to highlight the limits of science, engage philosophical repercussions, and illustrate honest brokering as a means of resolution. To achieve this, a hypothetical dialogue reminiscent of Kenneth Schaffner's `tools for talking' with behavioral geneticists and courtroom professionals will exemplify these ideas.
This project explores the limits and legitimacy of neuroimaging as a means of understanding behavior and culpability in determining appropriate criminal sentencing. It highlights key philosophical issues surrounding the ability to use neuroimaging to support this process, and proposes a method of ensuring their proper use. By engaging case studies and a thought experiment, this project illustrates the circumstances in which neuroimaging may assist in identifying particular characteristics relevant for criminal sentencing.
I argue that it is not a question of whether or not neuroimaging itself holds validity in determining a criminals guilt or motives, but rather a proper application of the issue is to focus on the way in which information regarding these images is communicated from the `expert' scientists to the `non-expert' making decisions about the sentence that are most important. Those who are considering this information's relevance, a judge or jury, are typically not well versed in criminal neuroscience and interpreting the significance of different images. I advocate the way in which this information is communicated from the scientist-informer to the decision-maker parallels in importance to its actual meaning.
As a solution, I engage Roger Pielke's model of honest brokering as a solution to ensure the appropriate use of neuroimaging in determining criminal responsibility and sentencing. A thought experiment follows to highlight the limits of science, engage philosophical repercussions, and illustrate honest brokering as a means of resolution. To achieve this, a hypothetical dialogue reminiscent of Kenneth Schaffner's `tools for talking' with behavioral geneticists and courtroom professionals will exemplify these ideas.
ContributorsTaddeo, Sarah (Author) / Robert, Jason S (Thesis advisor) / Marchant, Gary (Committee member) / Hurlbut, James B (Committee member) / Arizona State University (Publisher)
Created2014
Description
The sacred San Francisco Peaks in northern Arizona have been at the center of a series of land development controversies since the 1800s. Most recently, a controversy arose over a proposal by the ski area on the Peaks to use 100% reclaimed water to make artificial snow. The current state of the San Francisco Peaks controversy would benefit from a decision-making process that holds sustainability policy at its core. The first step towards a new sustainability-focused deliberative process regarding a complex issue like the San Francisco Peaks controversy requires understanding the issue's origins and the perspectives of the people involved in the issue. My thesis provides an historical analysis of the controversy and examines some of the laws and participatory mechanisms that have shaped the decision-making procedures and power structures from the 19th century to the early 21st century.
ContributorsMahoney, Maren (Author) / Hirt, Paul W. (Thesis advisor) / Tsosie, Rebecca (Committee member) / White, Dave (Committee member) / Arizona State University (Publisher)
Created2011
Description
In The Archive and the Repertoire, Diana Taylor discusses how performance, gestures, resistances within a community holds an embodied memory and enacts the transmission of knowledge within that community. Taylor discusses how this embodied memory is alternative to the written archive of history, history of interaction, history of meaning, history of language. Through the consideration of performance, Taylor urges her reader to reconsider oral and performative transmission of culture, knowledge, customs, traditions, and resistance. This project considers whether this reconsideration can be extended or expanded to oral and performative transmission of law within a community. Specifically, this research explores the conflict between the project of nationality and the reality of social organizing on a community/collective level. It asserts that this conflict is manifested most dramatically within border communities. The dissertation examines how the role of written law in the borderlands divides land and inhabitants and reconstructs a new understanding of the borderlands through oral histories and resistance by border communities. The overall goal of the dissertation is to challenge current scholarship to address the conceptual and sociopolitical task of a world in which legal representations and abstractions supersede the complex reality of community relations. As legal anthropologist Sally Falk Moore identified, we must consider carefully whether or not law controls the social context and what this means for our own definitions of community, what are the boundaries and borders of communities, and the seemingly limitedness of social interaction that becomes based on such legal definitions. The dissertation analyzes the defining disconnect of law from the social context that manifests itself amongst border communities along the U.S.-Mexico border. By exploring how law creates, sustains, molds, and connects the phenomenon of sovereignty, economy, and international borders, we can begin to understand how actions of border communities along the U.S.-Mexico border define the disconnect of law from the social context by redefining community itself.
ContributorsNatividad, Nicholas (Author) / Lauderdale, Pat (Thesis advisor) / Quan, Helen T. (Thesis advisor) / Gomez, Alan E. (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2012
Description
A novel clustered regularly interspaced short palindromic repeats/CRISPR-associated (CRISPR/Cas) tool for simultaneous gene editing and regulation was designed and tested. This study used the CRISPR-associated protein 9 (Cas9) endonuclease in complex with a 14-nucleotide (nt) guide RNA (gRNA) to repress a gene of interest using the Krüppel associated box (KRAB) domain, while also performing a separate gene modification using a 20-nt gRNA targeted to a reporter vector. DNA Ligase IV (LIGIV) was chosen as the target for gene repression, given its role in nonhomologous end joining, a common DNA repair process that competes with the more precise homology-directed repair (HDR).
To test for gene editing, a 20-nt gRNA was designed to target a disrupted enhanced green fluorescent protein (EGFP) gene present in a reporter vector. After the gRNA introduced a double-stranded break, cells attempted to repair the cut site via HDR using a DNA template within the reporter vector. In the event of successful gene editing, the EGFP sequence was restored to a functional state and green fluorescence was detectable by flow cytometry. To achieve gene repression, a 14-nt gRNA was designed to target LIGIV. The gRNA included a com protein recruitment domain, which recruited a Com-KRAB fusion protein to facilitate gene repression via chromatin modification of LIGIV. Quantitative polymerase chain reaction was used to quantify repression.
This study expanded upon earlier advancements, offering a novel and versatile approach to genetic modification and transcriptional regulation using CRISPR/Cas9. The overall results show that both gene editing and repression were occurring, thereby providing support for a novel CRISPR/Cas system capable of simultaneous gene modification and regulation. Such a system may enhance the genome engineering capabilities of researchers, benefit disease research, and improve the precision with which gene editing is performed.
To test for gene editing, a 20-nt gRNA was designed to target a disrupted enhanced green fluorescent protein (EGFP) gene present in a reporter vector. After the gRNA introduced a double-stranded break, cells attempted to repair the cut site via HDR using a DNA template within the reporter vector. In the event of successful gene editing, the EGFP sequence was restored to a functional state and green fluorescence was detectable by flow cytometry. To achieve gene repression, a 14-nt gRNA was designed to target LIGIV. The gRNA included a com protein recruitment domain, which recruited a Com-KRAB fusion protein to facilitate gene repression via chromatin modification of LIGIV. Quantitative polymerase chain reaction was used to quantify repression.
This study expanded upon earlier advancements, offering a novel and versatile approach to genetic modification and transcriptional regulation using CRISPR/Cas9. The overall results show that both gene editing and repression were occurring, thereby providing support for a novel CRISPR/Cas system capable of simultaneous gene modification and regulation. Such a system may enhance the genome engineering capabilities of researchers, benefit disease research, and improve the precision with which gene editing is performed.
ContributorsChapman, Jennifer E (Author) / Kiani, Samira (Thesis advisor) / Ugarova, Tatiana (Thesis advisor) / Marchant, Gary (Committee member) / Arizona State University (Publisher)
Created2018
Description
Noninvasive prenatal testing using cell-free fetal DNA (CffDNA) testing is a rapidly developing area in prenatal diagnosis. Fetal genetic testing can occur with a simple maternal blood sample, since CffDNA can be found in maternal plasma. Thus, no harm is caused to mother or fetus to obtain this genetic information, providing significant benefits for those users. How the test should be integrated in existing prenatal programs has yet to be seen. CffDNA testing is an exciting technology and has attracted attention from many stakeholders, yet the lack of regulation and guidance has left legal, ethical, and social questions unanswered. This paper outlines a number of those issues expressed in the present literature on the matter.
ContributorsVeeder, Shaylynn Lee (Author) / Marchant, Gary (Thesis director) / Robert, Jason (Committee member) / Milleson, Valerye (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / School of Politics and Global Studies (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Psychology (Contributor)
Created2014-05
Description
Data has quickly become a cornerstone of society. Across our daily lives, industry, policy, and more, we are experiencing what can only be called a “data revolution” igniting ferociously. While data is gaining more and more importance, consumers do not fully understand the extent of its use and subsequent capitalization by companies. This paper explores the current climate relating to data security and data privacy. It aims to start a conversation regarding the culture around the sharing and collection of data. We explore aspects of data privacy in four tiers: the current cultural and social perception of data privacy, its relevance in our daily lives, its importance in society’s dialogue. Next, we look at current policy and legislature in place today, focusing primarily on Europe’s established GDPR and the incoming California Consumer Privacy Act, to see what measures are already in place and what measures need to be adopted to mold more of a culture of transparency. Next, we analyze current data privacy regulations and power of regulators like the FTC and SEC to see what tools they have at their disposal to ensure accountability in the tech industry when it comes to how our data is used. Lastly, we look at the potential act of treating and viewing data as an asset, and the implications of doing so in the scope of possible valuation and depreciation techniques. The goal of this paper is to outline initial steps to better understand and regulate data privacy and collection practices. Our goal is to bring this issue to the forefront of conversation in society, so that we may start the first step in the metaphorical marathon of data privacy, with the goal of establishing better data privacy controls and become a more data-conscious society.
ContributorsAnderson, Thomas C (Co-author) / Shafeeva, Zarina (Co-author) / Swiech, Jakub (Co-author) / Marchant, Gary (Thesis director) / Sopha, Matthew (Committee member) / WPC Graduate Programs (Contributor) / Department of Finance (Contributor) / Department of Information Systems (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
This paper details the regulations and the history behind the new federal mandatory GMO labeling law that was enacted in the United States on July 29, 2016. In addition, it will analyze a similar bill, House of Representatives Bill 1599, that was in committee (in the House and Senate) around the same time as this new law. Furthermore, this paper will discuss the reasons this new GMO labeling law is controversial, highlighting both the opposing and supporting arguments for the bill, and in turn analyzing the arguments behind both. This article will go into depth about the regulations of each of these bills, and will highlight the stark differences between the two, as well as analyze the possible affects we may see occur in U.S. law and corporate transparency as a result. Using foreign precedent as well as U.S. precedent, this paper will discuss whether the new GMO labeling law might be challenged in Court, and if so, whether or not the Courts would validate the law or hold it unconstitutional based on the Supremacy Clause, First Amendment Protection of Commercial Speech and the Commerce Clause.
ContributorsDel Giorno, Daniel Joseph (Author) / Marchant, Gary (Thesis director) / Cardineau, Guy (Committee member) / Sandra Day O'Connor College of Law (Contributor) / W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05