Feminism, law, and bioethics

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of the Maryland Health Care Decisions Act. The article concludes that gender does matter and that an understanding of feminist legal theory and practice will enrich the analysis of contemporary bioethical issues.     

Gravitational acceleration as a cue for absolute size and distance?

When an object’s motion is influenced by gravity, as in the rise and fall of a thrown ball, the vertical component of acceleration is roughly constant at 9.8 m/sec². In principle, an observer could use this information to estimate the absolute size and distance of the object (Saxberg, 1987a; Watson, Banks, von Hofsten, & Royden, 1992). In five experiments, we examined people’s ability to utilize the size and distance information provided by gravitational acceleration. Observers viewed computer simulations of an object rising and falling on a trajectory aligned with the gravitational vector. The simulated objects were balls of different diameters presented across a wide range of simulated distances. Observers were asked to identify the ball that was presented and to estimate its distance. The results showed that observers were much more sensitive to average velocity than to the gravitational acceleration pattern. Likewise, verticality of the motion and visibility of the trajectory’s apex had negligible effects on the accuracy of size and distance judgments.     

Early selective-attention effect on evoked potential reinterpreted

In a dichotic listening situation stimuli were presented one at a time and at random to either ear of the subject at constant inter-stimulus intervals of 800 msec. The subject's task was to detect and count occasional slightly different stimuli in one ear. In Experiment 1, these ‘signal’ stimuli were slightly louder, and in Experiment 2 they had a slightly higher pitch, than the much more frequent, ‘standard’, stimuli. In both experiments signals occured randomly at either ear. Separate evoked potentials from three different locations were recorded for each of the four kinds of stimuli (attended signals, unattended signals, attended standards, unattended standards). Contrary to Hillyard et al. (1973), no early (N₁ component) evoked-potential enhancement was observed to stimuli to the attended ear as compared with those to the unattended ear, but there was a later negative shift superimposed on potentials elicited by the former stimuli. This negative shift was considered identical to the N₁ enhancement of Hillyard and his colleagues which in the present study was forced, by the longer inter-stimulus interval used, to demonstrate temporal dissociation with the N₁ component. The ‘Hillyard effect’ was, consequently, explained as being caused by a superimposition of a CNV kind of negative shift on the evoked potential to the attended stimuli rather than by a growth of the ‘real’ N₁ component of the evoked potential.     

On the structure of motor recognition memory

Two experiments determined the influence of the range and number of auditory sensory consequences, associated with a rapid timing task, on the development of motor recognition. Experiment 1 observed no beneficial effect upon subsequent movement-transfer performance from experience with the criterion-movement-time sound compared to experience with either a narrow or a wide range of sounds that bracketed the criterion sound (not including the criterion); 60 sound trials prior to transfer did not produce better transfer than did six sounds. The second experiment examined transfer outside of the range of previous listening experience by having subjects transfer to one of two possible criterion movement times after having received either constant, or one of two types of variable, listening experience. Transfer performance was influenced by the amount of variability in listening experience. These results were seen as support for a schematic representation for motor recognition memory (Schmidt, 1975)     

Behavior of the rat after removal of the neocortex and hippocampal formation

After surgical removal of the neocortex and hippocampal formation, rats retained most of the movement patterns of locomotion, climbing, grooming, feeding, and fighting. However, forepaw immobility during swimming was abolished. Feeding behavior was suppressed temporarily but recovered partially. The distinctive postures of sleep and walking and a circadian rhythm of motor activity were retained. However, behaviors were often not performed at the appropriate time and place. The normal sequence of grooming behavior was disrupted; food hoarding and social behavior were essentially abolished. Removal of the neocortex alone had much the same effect as removal of neocortex and hippocampus together. Removal of hippocampus alone produced only a mild disruption of behavior. It is suggested that ascending nonspecific projections to the cerebral cortex play an important role in the moment-to-moment control of behavior but are not essential for the sleep-waking cycle.     

The effect of serving as a model of self-control on subsequent resistance to deviation in children

The effect of having a child serve as a rule-following model for other children on the model's own subsequent rule-following was investigated in a resistance to deviation situation. First- and second-grade boys (age range 73 to 94 months) who were told they would serve as self-controlling models for others and who actually served in this capacity touched prohibited toys less than did boys who were not told they would serve as models. Boys told they were to serve as models but who were prevented from performing deviated at a level between the models and boys given no responsibility. Having children serve as rule-following models for others is suggested as an effective, non-punitive technique to increase their self-control.     

Validity of psychologists' identification of EMR students in the perspective of the California decertification experience

The Diana (Diana v. State Board of Education, Note 1) and the Larry P. (Larry P. v. Riles, Note 2) litigations led to decertification of thousands of California EMR students and their return to the regular program. Allegations, including those of biased testing, went largely uncontested in order that change in special education could result from court mandate, but the allegations left the psychologists in a libeled state. A study of cumulative records and psychologists files in 12 representative districts permitted a comparison of the EMR placement of those later decertified (D) with matched nondecertified (EMR). Other than a small mean difference in IQ at placement, nothing was found to support various allegations. Records showed no systematic differences betweeen D and EMR groups in pre-EMR reasons for referral nor in teacher marks, discnfirming beliefs in referral of higher functioning students for deportment rather than for academic failure. Districts permitted a mean of at least two years in regular placement before assessment, attesting to class failure rather than IQ as the initial and necessary basis for EMR identification (no D-EMR difference in this either). The data permit a conclusion that the work of the school psychologists in the EMR placement was professionally competent, given the guidelines in effect at the time.