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Full-Text Articles in Law

Influenza Genetic Sequence Patents: Where Intellectual Property Clashes With Public Health Needs, Lori B. Andrews, Laura A. Shackelton Apr 2008

Influenza Genetic Sequence Patents: Where Intellectual Property Clashes With Public Health Needs, Lori B. Andrews, Laura A. Shackelton

Lori B. Andrews

A number of advances have recently taken place in influenza virus genomics research, due largely to an extensive genome sequencing project and widespread access to these sequences. If a pandemic virus emerges, whether it is a reassorted A/H5N1 strain or another zoonosis, it is essential that access to information about its genetic sequence is not restricted through intellectual property claims. Products of nature are not patentable inventions, according to US code and the US Supreme Court, and naturally occurring genetic sequences should not be eligible for patenting. Viral genetic sequences represent natural information upon which diagnostics and preventions are necessarily …


Biomedical Research And The Law:--Embryonic Stem Cells, Clones And Genes: Science, Law, Politics, And Values, Michael J. Malinowski Feb 2008

Biomedical Research And The Law:--Embryonic Stem Cells, Clones And Genes: Science, Law, Politics, And Values, Michael J. Malinowski

Michael J. Malinowski

This article directly addresses the stem cell controversy, but also the broader history and norms regarding the roles of federal and state government in U.S. science research funding.


United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C. B. Hughes, Alan L. Jakimo, Michael J. Malinowski Jan 2008

United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C. B. Hughes, Alan L. Jakimo, Michael J. Malinowski

Journal Articles

This article directly addresses the stem cell controversy, but also the broader history and norms regarding the roles of federal and state government in U.S. science research funding.


The Right To Die With Dignity: An Argument In Ethics And Law, Raphael Cohen-Almagor Jan 2008

The Right To Die With Dignity: An Argument In Ethics And Law, Raphael Cohen-Almagor

raphael cohen-almagor

We face a dilemma. Suppose there is a person who suffers great pain and wants to die. Those who believe life is intrinsically valuable object to taking life and to taking any action on the person’s desire because the end of life is something granted only to nature, and is not a decision that is incumbent on human beings. However, this objection ignores the autonomy of the agent’s concerns, because she might say: “I would like to die. I would rather die in these circumstances because I don’t feel that I am adding anything just by surviving.” Can life be …


Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall Jan 2008

Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall

Vernellia R. Randall

The current legal and political dispute is grounded in the misconception that the decision to have an abortion is one decision, a decision to terminate a fetus. In fact, in choosing an abortion, a woman is actually making two distinct choices: first, she is choosing to terminate her pregnancy, that is, remove the fetus from her body; and, second, she is choosing to terminate the fetus. Currently, a woman’s decision to remove the fetus from her body (the “autonomy decision”) is necessarily a medical decision to terminate the fetus (the “reproductive decision”). The current argument in favor of legalized abortion …


The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian Jan 2008

The Role And Legal Status Of Health Care Ethics Committees In The United States, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

Over a quarter of a century has passed since health care ethics committees (HCECs) in the United States received legal recognition as alternatives to the courts in resolving conflicts related to patient end-of-life care. By the mid to late 1980s HCECs had been established in over half of U.S. hospitals and had received a certain legitimacy in the health care system. Given their age and growth one could characterize them developmentally as emerging from adolescence and establishing themselves in young adult-hood. As a result, we might expect that they would have resolved the identify crisis characterizing the adolescent years. Yet, …