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Jacob "Jay" Katz (October 20, 1922 – November 17, 2008) was an American
physician A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
and
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
professor whose career was devoted to addressing complex issues of medical ethics and other ethical problems involving the overlaps of ethics, law, medicine and psychology.


Early life

Katz was born in
Zwickau Zwickau (; is, with around 87,500 inhabitants (2020), the fourth-largest city of Saxony after Leipzig, Dresden and Chemnitz and it is the seat of the Zwickau District. The West Saxon city is situated in the valley of the Zwickau Mulde (German: ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
on October 20, 1922, where his father owned a department store. After
Adolf Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
came to power in 1933,
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
implemented rules stripping the family of their German citizenship. His father obtained a
Czechoslovakia , rue, Чеськословеньско, , yi, טשעכאסלאוואקיי, , common_name = Czechoslovakia , life_span = 1918–19391945–1992 , p1 = Austria-Hungary , image_p1 ...
n passport, which he used to leave Germany and travel to
Prague Prague ( ; cs, Praha ; german: Prag, ; la, Praga) is the capital and List of cities in the Czech Republic, largest city in the Czech Republic, and the historical capital of Bohemia. On the Vltava river, Prague is home to about 1.3 milli ...
as a 16-year-old. He made it to
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
through Italy and England, with his parents and brother joining him in the United States in 1940.Hevesi, Dennis
"Dr. Jay Katz, 86, Dies; Explorer of Ethics Issues"
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'', November 19, 2008. Accessed November 20, 2008.
He graduated from
The University of Vermont The University of Vermont (UVM), officially the University of Vermont and State Agricultural College, is a public land-grant research university in Burlington, Vermont. It was founded in 1791 and is among the oldest universities in the United S ...
in 1944 and was awarded his
Doctor of Medicine Doctor of Medicine (abbreviated M.D., from the Latin ''Medicinae Doctor'') is a medical degree, the meaning of which varies between different jurisdictions. In the United States, and some other countries, the M.D. denotes a professional degree. T ...
degree in 1949 from
Harvard Medical School Harvard Medical School (HMS) is the graduate medical school of Harvard University and is located in the Longwood Medical Area of Boston, Massachusetts. Founded in 1782, HMS is one of the oldest medical schools in the United States and is consi ...
. He completed
internship An internship is a period of work experience offered by an organization for a limited period of time. Once confined to medical graduates, internship is used practice for a wide range of placements in businesses, non-profit organizations and gover ...
and
residency Residency may refer to: * Domicile (law), the act of establishing or maintaining a residence in a given place ** Permanent residency, indefinite residence within a country despite not having citizenship * Residency (medicine), a stage of postgra ...
programs in New York, and then enlisted in the
United States Air Force The United States Air Force (USAF) is the Aerial warfare, air military branch, service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part ...
. He served as a
First Lieutenant First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment. The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a ...
and Captain at the Air Force Hospital at Maxwell Air Force Base in
Montgomery, Alabama Montgomery is the capital city of the U.S. state of Alabama and the county seat of Montgomery County. Named for the Irish soldier Richard Montgomery, it stands beside the Alabama River, on the coastal Plain of the Gulf of Mexico. In the 202 ...
."Yale Law School Mourns Professor Jay Katz; Read Dean Koh Memorial Remarks"
,
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
press release dated November 17, 2008. Accessed November 20, 2008.


Career

Katz began his four-decades-long affiliation with
Yale University Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United Sta ...
in 1953 when he became Chief Resident at the
Yale School of Medicine The Yale School of Medicine is the graduate medical school at Yale University, a private research university in New Haven, Connecticut. It was founded in 1810 as the Medical Institution of Yale College and formally opened in 1813. The primary te ...
's outpatient clinic. He started teaching psychiatry in 1955 and became an assistant professor of psychiatry and law at Yale University in 1958, teaching psychiatry and law. He continued to teach as an emeritus professor after his retirement from Yale in 1993. He served on the committee which established the terms of patient privilege in
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...
for psychotherapists and their patients. Enacted in 1961, it was used to establish comparable terms in the
Federal Rules of Evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...
that apply across the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. Katz was named to serve on a federal inquiry into the
Tuskegee Syphilis Study The Tuskegee Study of Untreated Syphilis in the Negro Male (informally referred to as the Tuskegee Experiment or Tuskegee Syphilis Study) was a study conducted between 1932 and 1972 by the United States Public Health Service (PHS) and the Cente ...
, an experiment started in 1932 by the
United States Public Health Service The United States Public Health Service (USPHS or PHS) is a collection of agencies of the Department of Health and Human Services concerned with public health, containing nine out of the department's twelve operating divisions. The Assistant ...
in which about 400 black men in Alabama infected with syphilis were left untreated, with at least 28 of the study subjects dying from the untreated disease and many more suffering severe injury. The group concluded that the research was "ethically unjustified", that the participants should have been given penicillin and called for greater federal oversight and protection of subjects in medical studies. Katz protested that the group should have issued a stronger response, noting that the subjects were "exploited, manipulated and deceived". Dr. Katz noted that the question of when "can human beings be used for purposes of acquisition of knowledge" must be answered and that the disadvantaged and disempowered are often deliberately chosen as subjects. After efforts were made by scientists to make use of data from
Nazi human experimentation Nazi human experimentation was a series of medical experiments on large numbers of prisoners, including children, by Nazi Germany in its concentration camps in the early to mid 1940s, during World War II and the Holocaust. Chief target po ...
, conducted on concentration camp inmates against their will, Katz emphasized that "however hard we might try, we cannot separate the data from the way they were obtained". He was appointed to serve on the 1994 Advisory Committee on Human Radiation Experiments, established by President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
to investigate some 30 experiments in which individuals were unwittingly exposed to radiation. Katz issued a statement as part of the committee's report, stating that his "most serious reservations" were about the issue of protections to study subjects, and that the existing informed consent process invites "repetitions of the dignitary insults which unconsenting citizen-patients suffered during the Cold War". In 1996, the
U.S. Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
implemented changes that allowed doctors to perform medical studies on patients without their consent in certain situations where the patient has a life-threatening condition and cannot offer consent, where the community has been notified about the experiment and where the FDA has reviewed the plans in advance and approved of the protocol. Katz insisted that these changes violated the
Nuremberg Code The Nuremberg Code (german: Nürnberger Kodex) is a set of ethical research principles for human experimentation created by the court in '' U.S. v Brandt'', one of the Subsequent Nuremberg trials that were held after the Second World War. Tho ...
enacted in response to Nazi human experimentation conducted on unwilling prisoners during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, noting that "here we are making exceptions" to the first sentence of the Code's first point, which states that "The voluntary consent of the human subject is absolutely essential". Katz was involved in renaming the
Cornelius P. Rhoads Cornelius Packard "Dusty" Rhoads (June 9, 1898 – August 13, 1959) was an American pathologist, oncologist, and hospital administrator who was involved in a racist scandal and subsequent whitewashing in the 1930s. Beginning in 1940, he served a ...
award given for cancer research from the American Association for Cancer Research, in 2002. He determined that although Rhoads' racist and inflammatory letter was reprehensible, Rhoads did not actually murder or inject cancer into anyone, or participate in medical misconduct. Nonetheless, due to Rhoads' racism, which denigrated Puerto Ricans and Italians, the award was renamed.


Writings

Dr. Katz wrote extensively on subjects of medicine, law and their interconnections. His books included ''The Family and the Law'' (1964, with Joseph Goldstein), ''Psychoanalysis, Psychiatry and Law'' (1967, with
Alan Dershowitz Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appoin ...
and Joseph Goldstein), ''Experimentation with Human Beings'' (1972), ''Catastrophic Diseases: Who Decides What?'' (1975, with Alexander M. Capron) and '' The Silent World of Doctor and Patient'' (1984). He also wrote on the importance of physicians collaborating with patients to obtain informed consent.Journal of Contemporary Health Law and Policy, vol. 10 Spring 1994. http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3916&context=fss_papers&sei-redir=1&referer=http%3A%2F%2Fus.yhs4.search.yahoo.com%2Fyhs%2Fsearch%3Fhspart%3Dironsource%26hsimp%3Dyhs-fullyhosted_003%26type%3Ddsites0103%26param1%3DyhsBeacon%26param2%3Dcd%253D2XzuyEtN2Y1L1QzutDtDtBtByCzzyEyC0D0D0C0AtDtC0DtDtN0D0Tzu0CyByByEtN1L2XzutBtFtBtFtCyDtFtCyCtAtCtN1L1CzutBtAtDtC1N1R%2526cr%253D1273028144%2526ir%253D2301gc%2526elng%253Den%2526elcl%253Dus%2526a%253Ddsites0103%2526uref%253Dfx10%2526f%253D2%2526cat%253Dweb%2526sid%253Deb4a93821eb59ce42cbf8f32326d2c22%2526cnc%253Dironsource_tb_intl_search%2526stype%253Ddsites0103_ag64_niry%2526sesid%253D%2526abid%253D6%2526abg%253D64%2526ipblock%253D0%2526csr%253D0%2526p%253Dmysearchdial%26p%3Dinformed%2Bconsent%2Bmust%2Bit%2Bremain%2Ba%2Bfairy%2Btale#search=%22informed%20consent%20must%20remain%20fairy%20tale%22


Death

Katz died at age 86 on November 17, 2008, at his home in
New Haven, Connecticut New Haven is a city in the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound in New Haven County, Connecticut and is part of the New York City metropolitan area. With a population of 134 ...
of heart failure.


References


External links


Jay Katz Papers (MS 1958).
Manuscripts and Archives, Yale University Library. {{DEFAULTSORT:Katz, Jay 1922 births 2008 deaths People from Zwickau Jewish emigrants from Nazi Germany to the United States Harvard Medical School alumni Physicians from New Haven, Connecticut United States Air Force officers University of Vermont alumni Yale Law School faculty Yale School of Medicine faculty Members of the National Academy of Medicine