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- San Diego Law Review (7)
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- University of Michigan Journal of Law Reform (2)
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- Chicago-Kent Law Review (1)
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- Journal of Health Care Law and Policy (1)
- Michigan Technology Law Review (1)
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- RISK: Health, Safety & Environment (1990-2002) (1)
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Articles 1 - 22 of 22
Full-Text Articles in Law
Playing God In The 21st Century: How The Push For Human Embryonic Germline Gene Editing Sidelines Individual And Generational Autonomy, Anna E. Melo
Catholic University Journal of Law and Technology
Every four and a half minutes a child with a genetic birth defect is born in the United States. For some, these conditions are treatable and manageable, but sadly for others, they are a death sentence. Congenital malformations and chromosomal abnormalities are the leading cause of infant mortality. CRISPR-Cas9 presents hope for the future, a liberation from the heritable genetic shackles that a child would otherwise be trapped in. With such optimism for future applications of germline gene editing, there are also great concerns with what national and global limitations and auditing must be in place to permit “genetic hedging.” …
Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer
Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer
Chicago-Kent Law Review
No abstract provided.
Mitochondrial Replacement Therapy: Let The Science Decide, Sabrina K. Glavota
Mitochondrial Replacement Therapy: Let The Science Decide, Sabrina K. Glavota
Michigan Technology Law Review
Mitochondrial replacement therapy (MRT) is an in vitro fertilization technique designed to prevent women who are carriers of mitochondrial diseases from passing on these heritable genetic diseases to their children. It is an innovative assisted reproductive technology that is only legal in a small number of countries. The United States has essentially stagnated all opportunities for research and clinical trials on MRT through a rider in H.R.2029 – Consolidated Appropriations Act, 2016. The rider bans clinical trials on all therapies in which a human embryo is intentionally altered to include a heritable genetic modification. This note argues that the rider …
Meaning, Biology And Identity: The Rights Of Children, Anika Smith
Meaning, Biology And Identity: The Rights Of Children, Anika Smith
Catholic University Law Review
Sperm and egg donation in the United States is only loosely regulated, and the current regime privileges the anonymity of the adult donor over the child’s right to identity. The majority of people conceived through anonymous donation do not support the practice but find their rights abrogated by contracts made by their intentional and biological parents. Donor reliance on the anonymity guaranteed by those contracts is shifting as at-home genetic testing limits their expectation of privacy, with more biological ties being discovered by children conceived through gamete donation. This Comment explores the child’s right to identity in family law cases, …
Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger
Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger
Seattle University Law Review
Part I of this Note provides some background on the current frameworks being used by courts in dual-progenitor disputes, while Part II presents the only two cases to deal with sole-genetic progenitor disputes and details how the courts conducted their analyses. Part III explains how courts establish legal parentage and how these legal parentage standards apply to frozen embryo disputes, specifically ones that involve only one genetic progenitor. Part IV proposes a new genetic framework to assist in the resolution of these issues. This Note concludes with a recommendation for future legislative intervention to aid in the widespread and uniform …
Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak
Caveat Emptor: How The Intersection Of Big Data And Consumer Genomics Exponentially Increases Information Privacy Risks, Katherine Drabiak
Health Matrix: The Journal of Law-Medicine
Our genomic sequence constitutes the most sensitive and personal of information: uniquely identifying us, revealing our propensity to develop certain diseases and conditions, and exposing familial connections of close genetic relatives. Big Data enables consumer-genomics companies to collect, store, and electronically share genomic-sequence data in conjunction with numerous pieces of private health and personal information.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Pepperdine Law Review
No abstract provided.
Embryonic Genetics, Judith F. Daar
Embryonic Genetics, Judith F. Daar
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.
Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.
Oklahoma Law Review
No abstract provided.
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
San Diego Law Review
Much of the existing literature on genetic intervention addresses questions of discrimination or reproductive decisionmaking. Although this book discusses those questions,
it takes as its major focus an issue that is perhaps even more vexing—the issue of how we should, from the standpoint of distributive justice, allocate genetic interventions. In other words, given the wide range of genetic interventions that may become available, how should we divide such interventions? Implicit in this problem is the reality that scarcity will prevent individuals from having access to all genetic interventions that would be of benefit to them. In this brief Essay, I …
The Ethics Of Genetic Intervention: Human Research And Blurred Species Boundaries, Rebecca Dresser
The Ethics Of Genetic Intervention: Human Research And Blurred Species Boundaries, Rebecca Dresser
San Diego Law Review
From Chance to Choice: Genetics and Justice1
is a well-written and tightly argued analysis. This Essay addresses two topics meriting more attention than they received from these authors. First, this Essay considers in greater detail a topic the book briefly addresses—the human research necessary to support clinical use of genetic interventions. What appears as simply a step along the way to clinical benefits may actually present serious impediments. Second, this Essay expands on a point the authors mentioned only in passing. They noted that developments in
genetics are blurring traditional species boundaries. Blurred boundaries between humans and other species raise …
Deconstructing Binary Race And Sex Categories: A Comparison Of The Multiracial And Transgendered Experience, Julie A. Greenberg
Deconstructing Binary Race And Sex Categories: A Comparison Of The Multiracial And Transgendered Experience, Julie A. Greenberg
San Diego Law Review
Millions of people are transgendered
and cannot easily be categorized as either male or female. Similarly, millions of people are multiracial and cannot be classified as being of one distinct race. Race classification systems have existed for centuries and have been the subject of extensive commentary and critique for decades. Sex and gender classification systems, on the other hand, have just started to become the subject of litigation in the last half of the twentieth century
and it is only during the last decade that sex classification systems have become the topic of extensive scholarly discussion.
Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro
Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro
San Diego Law Review
This Article outlines some of the moral, legal, and general policy difficulties that societies and individuals will face if technological enhancements via germ line and somatic mechanisms become possible. It identifies and analyzes some of the conceptual structures necessary to explain the nature of these difficulties, suggests some alternative basic scenarios—such as greater or lesser scarcity of technological enhancement resources, impacts on how we perceive each other, and different remediation patterns—and then maps and reverse maps the projected technological developments against the value and legal structures. This Article also describes and comments on what may seem to be, from our …
Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron
Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron
San Diego Law Review
When the four American moral philosophers who individually have already made the most significant contributions to the ethical analysis of contemporary health care and medicine collaborate, it should come as no surprise that their joint effort is a lucid and powerful analysis of the principles that a just and humane society would employ in setting policies about how the new tools of molecular genetics should be used for human betterment. In From Chance to Choice: Genetics and Justice, Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler aimed to steer a middle course between two extreme models. The first …
Genetic Enhancement, Distributive Justice, And The Goals Of Medicine, Mark A. Hall
Genetic Enhancement, Distributive Justice, And The Goals Of Medicine, Mark A. Hall
San Diego Law Review
In this brief Essay, I focus on chapter 4 of the book’s discussion of the distinction between treatment and enhancement.
This distinction is at the core of many of the most challenging problems of ethics and public policy raised by genetics. This is also the place where there appears to be disagreement or ambivalence among these authors
and where fault
lines appear in their otherwise remarkably united front.
Is Moral Theory Perplexed By New Genetic Technology?, Richard J. Arneson
Is Moral Theory Perplexed By New Genetic Technology?, Richard J. Arneson
San Diego Law Review
From Chance to Choice: Genetics and Justice
intelligently addresses difficult issues at the intersection of medical ethics and the theory of justice. The authors Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler repeatedly emphasized their opinion that advances in genetic technology force upon us entirely new ethical questions that previous moral theories lack the resources to resolve.
The claim that
new scientific discoveries render previous moral theories obsolete should be regarded with suspicion. Suspicion should be further aroused when readers note another feature of the authors’ theorizing that neatly fits the claim that we stand at the dawn …
Cardiovascular Genetics: Case Studies, Kenneth G. Zahka
Cardiovascular Genetics: Case Studies, Kenneth G. Zahka
Journal of Law and Health
What I'd like to do in the next 10 or 15 minutes is use a case approach which we all use in medicine as you use in law to give you a flavor for how we as clinicians think about things that are oftentimes obviously genetic. But I want to stress to you that probably a day does not go by or a patient does not go by where I don't think in terms of genetic issues for their cardiovascular health.
Medical Implications Of The Genetic Revolution, Monique K. Mansoura, Francis S. Collins
Medical Implications Of The Genetic Revolution, Monique K. Mansoura, Francis S. Collins
Journal of Health Care Law and Policy
No abstract provided.
Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg
Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg
University of Michigan Journal of Law Reform
Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial …
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
Journal of Law and Health
When one thinks about the use of genetic information by third parties for nonmedical purposes, one of the first things that comes to mind is the question of how the third party can gain access to the information. There are three main ways. First, and most importantly, the third party may obtain records developed in the clinical setting. In other words, if someone wants a job or insurance, that person may be required to sign a release authorizing the third party to access those records. Second, the genetic records might be obtained through a genetic data bank. Third, the third …
Book Review, Allan M. Wheatcraft
Book Review, Allan M. Wheatcraft
RISK: Health, Safety & Environment (1990-2002)
Review of the following book: SHELDON KRIMSKY, BIOTECHNICS AND SOCIETY: THE RISE OF INDUSTRIAL GENETICS. (Praeger 1991) [280 pp.] Bibliography, figures, index, list of acronyms used, tables. LC: 90-23214, ISBN: 0-275-93860-3. [Paper $17.95. P.O.B. 5007, Westport CT 06881.]
From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Heifetz Hollinger
From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Heifetz Hollinger
University of Michigan Journal of Law Reform
This paper argues that there is an urgent need for the creation and clarification of a legal framework within which contemporary efforts to produce or procure children can take place. State legislatures should act now in order to avoid the kind of crisis that confronts Great Britain, where an infant girl, the product of a breached surrogacy contract, has been impounded by a British court. While the court ponders how to determine the legal parentage of this particular child, Parliament considers criminal penalties for those who arrange surrogacy contracts and general regulations to constrain IVF and ET research and practice. …