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Full-Text Articles in Law
Equal Protection And Ectogenesis, Brit J. Benjamin
Equal Protection And Ectogenesis, Brit J. Benjamin
Vanderbilt Journal of Entertainment & Technology Law
Ectogenesis is the gestation of a fetus in an artificial womb. This suite of technologies, now in use to preserve the lives of premature infants, is on the cusp of being a viable method of reproduction from conception to term. This Article argues that an equal protection challenge to a ban on utilizing ectogenetic technologies should be analyzed under intermediate or strict scrutiny. Should the US Supreme Court apply the rational basis or rational basis “with bite” standard of review to such a challenge, the petitioner should prevail.
The nature of ectogenesis is a technological alternative for a sex-specific organ. …
Genome Editing And The Jurisprudence Of Scientific Empiricism, Paul Enriquez
Genome Editing And The Jurisprudence Of Scientific Empiricism, Paul Enriquez
Vanderbilt Journal of Entertainment & Technology Law
Humankind has reached, in tow by the hand of a scientific breakthrough called CRISPR, the Rubicon of precise genetic manipulation first envisioned over fifty years ago. Despite CRISPR's renown in science and its power to transform the world, it remains virtually unaddressed in legal scholarship. In the absence of on-point law, the scientific community has attempted to reach some consensus to preempt antagonistic regulation and prescribe subjective standards of use under the guise of a priori scientific empiricism. Significant and complex legal issues concerning this technology are emerging, and the void in legal scholarship is no longer tolerable.
This Article …