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31 Gonz. L. Rev. 147 (1995-1996)
Human Experimentation, the Hanford Nuclear Site, and Judgment at Nuremberg

handle is hein.journals/gonlr31 and id is 157 raw text is: Human Experimentation, the Hanford Nuclear Site, and Judgment at Nuremberg* Leonard W. Schroeter** TABLE OF CONTENTS I. INTRODUCTION ......................................... 147 II. HUMAN RADIATION EXPERIMENTATION: CONSTITUTIONAL TORT AND INTERNATIONAL HUMAN RIGHTS VIOLATION ....... 151 A. Legal Remedies ................................... 165 III. IN RE CINCINNATI RADIATION LITIGATION: JUDGE BECKWITH'S DECLARATION OF CONSCIENCE ................ 173 IV. ALLEN: A GUIDE FOR THE PERPLEXED IN RADIATION INJURY LITIGATION ........................... 180 V. BULLOCH: EVEN THE SHEEP AREN'T SAFE - A STUDY IN DECEIT AND AN HONEST JUDGE ......................... 203 VI. JAFFEE: NUKING GIs IS FINE UNDER FERES ................ 213 VII. THE URANIUM MINERS: RADIATION DEATH COMES TO THE NAVA OS ......................................... 224 VIII. Is THE DISCRETIONARY FUNCTION IMMUNITY INCOMPATIBLE WITH THE JUDGMENT AT NUREMBERG? .................... 235 IX. BARRETT: DRUG EXPERIMENTATION, DEATH, SECRECY AND CORRUPTION ...................................... 242 X. STANLEY: LSD EXPERIMENTATION BY THE CIA - THE SUPREME COURT SPLITS ............................. 252 XI. CONCLUSION ......................................... 260 XII. APPENDIX A ......................................... 262 I. INTRODUCTION Human radiation experimentation and how the justice system of the United States responds to it is the paradigm and the test of our belief in the *This article is adapted from a paper presented to the Presidential Advisory Committee on Human Radiation Experiments. It is intended to shed light on this controversial area of American history, not as a purely legal review. This article will also be included in an upcoming book by the author. **Leonard W. Schroeter is of counsel and founding partner of Schroeter, Goldmark & Bender in Seattle, Wash., which specializes in environmental and toxic torts litigation. J.D. and LL.B., Harvard Law School; M.A., University of Chicago.

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