Vulnerability, Coercion, and Undue Influence: From the Mud into the Muck?

Publication Date

11-23-2015

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

NPRM, Vulnerability, Coercion, Undue Influence

Abstract

According to the NPRM, “the only vulnerability that needs to be considered is vulnerability to coercion or undue influence, and not other types of vulnerability.” It therefore replaces all standalone uses of “vulnerable” with “vulnerable to coercion or undue influence.” This change is justified on the basis that it will “provide greater consistency and clarity in IRB consideration of vulnerability of subject populations in research activities and appropriate protections,” where the vulnerable populations in question are “children, prisoners, pregnant women, physically or mentally disabled persons, or economically or educationally disadvantaged persons.”

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