Law Commons^™

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann

William & Mary Journal of Race, Gender, and Social Justice

Unlike many European countries of similar economic, social, scientific, and political advancement, there is virtually no regulation of preimplantation genetic testing in the United States. This Note will explore preimplantation genetic testing and demonstrate that potential parents in the United States have a right to conduct said testing under the umbrella of the fundamental right to privacy. This Note will demonstrate the need for the regulation for preimplantation genetic testing that will comply with the Undue Burden Test set out in Planned Parenthood v. Casey, while acknowledging and supporting the fundamental right of potential parents to conduct testing. This …

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.

Expanding Patient Access To Breast Cancer Genetic Testing Through Incentive Regimes, Megan K. Hart

Saint Louis University Journal of Health Law & Policy

It is estimated that 268,600 women were diagnosed with breast cancer in 2019 alone, and as many as 26,860 of these women could have developed breast cancer due to a genetic disposition.[1] While over one million women have undergone genetic testing to identify variations in the BRCA1 and BRCA2 genes, the test results are often ambiguous due to identified variations for which the breast cancer development risk is unknown.[2] A new technology known as CRISPR has the potential to change this state of uncertainty due to its capability to identify thousands of BRCA1 and 2 gene variations and …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

Do You Hear What I Hear?: The Right Of Prospective Parents To Use Pgd To Intentionally Implant An Embryo Containing The Gene For Deafness, Sarah Aviles

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Who's To Blame: How Genetic Information Will Lead To More Accurate Decisions In Toxic Tort Litigation, Allison Hite

South Carolina Law Review

No abstract provided.

Will Gene Patents Derail The Next-Generation Of Genetic Technologies?: A Reassessment Of The Evidence Suggests Not, Christopher M. Holman

UMKC Law Review

Judge Bryson recently asserted in Association for Molecular Pathology v. US Patent and Trademark Office (dissenting-in-part) that human gene patents "present a significant obstacle to the next generation of innovation in genetic medicine — multiplex tests and whole-genome sequencing." His concern over the impact of gene patents on genetic testing, which coincides with his position that certain gene patents should be declared patent ineligible, reflects a widely held misperception that 20% of human genes are patented in a manner that would necessarily result in infringement by whole genome sequencing and other forms of genetic testing. In fact, the myth that …

Domestic Relations Determination Of Paternity: To Provide For A Motion To Set Aside A Determination Of Paternity Based On Newly Discovered Evidence Regarding Paternity Of A Child; To Provide Requirements For Filing Such A Motion; To Provide That The Motion Shall Be Granted If Genetic Testing Conclusively Shows That The Alleged Father Is Not The Biological Father And Certain Other Conditions Are Met; To Provide That The Motion Shall Not Be Denied Because Of Occurrence Of Certain Prior Acts Unless Father Acted With Knowledge That He Was Not The Biological Father; To Provide For Additional Testing, Jay Bressler

Georgia State University Law Review

The Act provides that a motion may be made to set aside a judgment requiring a male to pay child support following newly discovered DNA evidence conclusively demonstrating that the male is not the biological father. In order for the court to grant such relief, the Act requires an affidavit by the male stating that (1) the evidence has come to his attention since the judgment's entry and, (2) the male has not adopted the child. However, if the moving party fails to meet the requirements. as set forth in the Act, a judge may grant the motion or enter …

Bridging The Gap Between Life Insurer And Consumer In The Genetic Testing Era: The Rf Proposal, Christopher M. Keefer

Indiana Law Journal

No abstract provided.

Torts, Elizabeth A. Ferrell

South Carolina Law Review

No abstract provided.