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No judicially crafted rule should insulate from liability the involuntary and unknowing human experimentation alleged to have occurred in this case.
Indeed, as Justice Brennan observes, the United States played an instrumental role in the criminal prosecution of Nazi officials who experimented with human subjects during the Second World War, and the standards that the Nuremberg Military Tribunals developed to judge the behavior of the defendants stated that the ' voluntary consent of the human subject is absolutely essential ... to satisfy moral, ethical, and legal concepts.
' If this principle is violated, the very least that society can do is to see that the victims are compensated, as best they can be, by the perpetrators.

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