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Are Prisoners Medical Captives?
The medical treatment of captive patients is a litmus test for a good society. See Bursztajn HJ, Brodsky A: Captive Patients, Captive Doctors: Clinical Dilemmas and Interventions in Caring for Patients in Managed Health Care. Gen. Hospital Psychiatry 1999; 21:239-248; and Bursztajn HJ, Brodsky A: Clear, Convincing, and Authentic Advance Directives in the Context Of Managed Care? J. Clin Ethics 1994; 5:364-366. If those such as prison inmates, the poor, or patients in restrictive managed care plans who have little choice as to their treating clinician are nonetheless able to rely on their physicians for ethical treatment, then those who do have a choice can do so all the more. Bursztajn HJ, Feinbloom RI, Hamm RM, Brodsky A: Medical Choices, Medical Chances: How Patients, Families, and Physicians Can Cope with Uncertainty. New York: Routledge, 1990. In total-institution settings, demoralization sets in when what little choice remains is further restricted.
It is against this background that the question of whether prisoners should be allowed to donate organs for transplantation is explored. In this article, we focus on prospective living organ donors who face capital punishment. Some of the issues raised may also apply to death row inmates who wish to become cadaveric organ donors and donate their organs after death. However, in the latter instance, their right to do so may conflict less with society's interest in justice.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.