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  1. Race, Religion, and Informed Consent — Lessons from Social Science.Dayna Bowen Matthew - 2008 - Journal of Law, Medicine and Ethics 36 (1):150-173.
    Patients belonging to ethnic, racial, and religious minorities have been all but excluded from the legal academy’s ongoing conversation about informed consent. Perhaps this is just as well, since the conversation appears to have concluded that the doctrine has failed to serve as a meaningful regulation of clinical relationships. Informed consent does not operate in practice the way it was intended in theory. More than a decade ago, Peter Schuck noted the “informed consent gap” that distinguishes the “proper” law of (...)
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  • Race, Religion, and Informed Consent - Lessons from Social Science.Dayna Bowen Matthew - 2008 - Journal of Law, Medicine and Ethics 36 (1):150-173.
    Patients belonging to ethnic, racial, and religious minorities have been all but excluded from the legal academy's on-going conversation about informed consent. This article repairs that egregious omission. It begins by observing the narrowing of ethical justifications that underlie our informed consent law, tracing the ethical literature from the ancients to modern formulations of autonomy-centered models. Next, this article reviews the vast body of empirical data available in social science literature, that demonstrates how distinct from the autonomy model the broad (...)
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