Law Commons^™

Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati

Duke Law & Technology Review

This iBrief discusses some of the social, ethical and legal considerations surrounding the use of unimplanted, in vitro embryos in stem cell research. It proposes that a new ethical standard be elucidated for these embryos. The iBrief gives an overview of two proposals for such a standard at opposite ends of the spectrum: treating the in vitro embryo as a legal person versus treating it as mere property. It argues against both approaches. The former can have undesirable social implications including undue interference with female reproductive autonomy, while the latter would objectify potential human life and reproductive potential. The iBrief …

Introduction To Special Issue On Radiation Effects, P. Andrew Karam

The University of New Hampshire Law Review

[Excerpt] "How dangerous is radiation? How much radiation does it take to give us cancer? Are we wasting money on overly restrictive regulations, or are we not being sufficiently protective of our radiation workers and the public? How much clean-up is necessary on our Department of Energy facilities? What about Yucca Mountain and nuclear reactor plants – can they be made safe?

These are only a few of the questions that have been asked, and will continue to be asked, about radiation. Unfortunately, these all come down, in part or in whole, to the question “What is the shape of …

Public Perceptions Of Food Safety: Assessing The Risks Posed By Genetic Modification, Irradiation, Pesticides, Microbiological Contamination And High Fat/High Calorie Foods, Michael D. Mehta

The University of New Hampshire Law Review

[Excerpt] "In general, people in the developed world have access to a safe and varied supply of food. Instead of systemic hunger, many developed countries have problems with obesity and other kinds of eating disorders among their citizenry. It is within this context that some find public concerns about the safety of food both paradoxical and misplaced. Nevertheless, understanding how people perceive the risk associated with food is an important exercise in demonstrating accountability and in setting priorities for regulation. With the advent of technologies for producing genetically modified foods, and the development of fat blockers like Olestra, the public …

Effects Of The Shape Of The Radiation Dose-Response Curve On Public Acceptance Of Radiation And Nuclear Energy, Audeen W. Fentiman

The University of New Hampshire Law Review

[Excerpt] “The public generally accepts the premise that exposure to radiation can have an undesirable effect. Furthermore, it believes that as the radiation dose increases, the magnitude of the effect will increase. On the other hand, while the background radiation dose varies from a few hundred millirem/year (a few millisieverts/yr) in some places to a few thousand millirem/yr (tens of millisieverts/yr) in others, researchers have been unable to find a correlation between the level of background radiation and incidence of cancer or other maladies attributable to radiation.

…

Because there is considerable controversy about the relationship between radiation dose and …

Ocean Zoning For The Gulf Of Maine: A Background Paper, Fara Courtney, Jack Wiggin

Urban Harbors Institute Publications

Coastal and ocean management is a constantly evolving practice. For at least two decades, coastal communities around the world have been experimenting with new ways to control a multitude of activities in their urban and rural harbors. The number and diversity of Marine Protected Areas are growing, with an increasing focus on protecting integrated biological communities, rather than individual species of concern. The United States and Canada are each developing new, comprehensive ocean polices, looking to better integrate management functions at all levels of government.

All of these initiatives – from local to national - reflect some common truths about …

Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker

Duke Law & Technology Review

As best we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.

Interim Management Arrangements For The Commercial Mackerel Fishery. Ministers Responses To The Final Report Of The Mackerel Independent Advisory Panel. (Fisheries Management Paper 164), Kim Chance

Fisheries management papers

The Government recognises that the mackerel fishery is important to both the recreational and commercial fishing sectors. However, the purpose of these arrangements is not to allocate the mackerel resource between the sectors but within the commercial sector. Resources sharing issues are subject to investigation in the Integrated Fisheries Management Review where alternative management frameworks and principles for allocating fish stocks to ensure maximum benefit to the community are examined.

Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton

Thomas J. Horton

No abstract provided.

2002 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

Santa Clara Magazine, Volume 44 Number 2, Fall 2002, Santa Clara University

Santa Clara Magazine

6 - INSTITUTE ON GLOBALIZATION By SCM Staff. For the academic year 2002-03, SCU will focus on globalization and how it is shaping our world.

12 - TOUGH TALK By Dale Larson. End-of-life conversations can help us cope with the loss· of a loved one.

16 - BUILDING CHARACTER By Miriam Schulman . Alumni are helping troubled kids make better choices using a program developed by SCU's Markkula Center for Applied Ethics.

Genetic Testing In The Workplace: The Employer’S Coin Toss, Samantha French

Duke Law & Technology Review

A toss of the coin by the modern-day employer reveals two options regarding genetic testing in the workplace. The employer may choose to take advantage of increasingly precise, available, and affordable genetic testing in order to ascertain the genetic characteristics - and deficiencies - of its employees. This outcome exposes the employer to a vast array of potential litigation and liability relating to the Americans with Disabilities Act, the Fourth Amendment, Title VII of the Civil Rights Act, and state legislation designed to protect genetic privacy. Alternatively, the employer may neglect to indulge in this trend of genetic testing and …

Customizing Conception: A Survey Of Preimplantation Genetic Diagnosis And The Resulting Social, Ethical, And Legal Dilemmas, Jason Christopher Roberts

Duke Law & Technology Review

One in six American couples experience difficulties conceiving a child. With fertility rates at an all time low, the business of treating infertility is booming. However, due to the United States prohibition on government funding for embryonic research, the $4 billion industry of assisted reproductive technologies (ART) has been incompletely monitored and largely removed from oversight. Additionally, due to the fervent abortion debate, in vitro fertilization (IVF) was introduced in the United States without a research phase and procedures have been forced to evolve in the private sector. Thus, the checks and balances on medical innovation that are generally imposed …

Appropriate Aims: Setting Boundaries For Reprogenetic Technology, Dana Ziker

Duke Law & Technology Review

Not too long ago, ten fingers and ten toes defined a successful birth. Not too far from now, ten fingers and ten toes will be just the beginning. Parents always hope for a healthy baby, and medical advances continue to help secure the fulfillment of this hope. But reprogenetics, a new combination of technology and science that allows us to choose the genes, and thus the traits, of the children we create, is raising new questions about what it means to have a healthy baby.

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

Draft Bycatch Action Plan For The Shark Bay Prawn Managed Fishery (Full Report), Jo Bunting

Fisheries management papers

Two versions of the draft Bycatch Action Plan for the Shark Bay Prawn Managed Fishery have been released for public comment. The ‘Full Report’ (this document - Fisheries Management Paper No. 147) is a comprehensive version of the plan containing detailed rationale and justification for the objectives and actions proposed in the plan. The Full Report also provides detailed background information regarding issues such as the natural environment in Shark Bay, current management arrangements within the prawn fishery and existing information on bycatch. A shorter ‘Summary Report’ is also available for comment. The Summary Report (Fisheries Management Paper No. 148) …

Draft Bycatch Action Plan For The Shark Bay Prawn Managed Fishery (Summary Report), Jo Bunting

Fisheries management papers

The Department of Fisheries invites people to make a submission on the issues and recommendations of this report - Draft Bycatch Action Plan for the Shark Bay Prawn Managed Fishery. This draft plan has been prepared by the Department of Fisheries' Fish and Fish Habitat Protection Program. Two versions of the draft Bycatch Action Plan for the Shark Bay Prawn Managed Fishery have been released for public comment. The ‘Summary Report’ (this document - Fisheries Management Paper No. 148) provides a brief summary of the background information used in the development of the plan and focuses on its objectives and …

Santa Clara Magazine, Volume 43 Number 4, Spring 2002, Santa Clara University

Santa Clara Magazine

3 - BIG GIFT FOR BUSINESS SCHOOL BUILDING By SCM Staff. Silicon Valley investor Don Lucas donates $15 million to the Leavey School of Business.

8 - REACHING THE GOAL By Barry Holtzclaw. The women's soccer program has steadily become a national power.

16 - THE ART OF ADMISSION By John Kovacevich. The admissions office shapes the classes of the future by seeking a mix of diversity, creativity, and promise .

A Call To Action: Saving America's Commercial Fishermen, Michael C. Laurence

William & Mary Environmental Law and Policy Review

No abstract provided.

The Translocation Of Barramundi (Lates Calcarifer) For Aquaculture And Recreational Fishery Enhancement In Western Australia., Tina Thorne

Fisheries management papers

This Management Paper is intended to assist the Executive Director when considering the issuing of authorisations for commercial aquaculture under Section 92 of the Fish Resources Management Act 1994; written approvals or written authorities for the translocation of barramundi under Regulation 176 of the Fish Resources Management Regulations 1995; and in the development of programs for recreational fishery enhancement of barramundi. It is also designed to provide guidance to the aquaculture industry and recreational fishing groups when considering the farming or stocking of barramundi in this State.

Bse: Risk, Uncertainty, And Policy Change, Enda Cummins, Pat Grace, Kevin Mcdonnell, Shane Ward

RISK: Health, Safety & Environment (1990-2002)

The authors discuss how, in our "risk society," a range of potential risks and uncertainties are associated with new technologies and new diseases, such as BSE. These risks bring with them worries about human health, while the ability to assess and manage new health scares is an essential skill for government and related industries.

Policy For The Implementation Of Ecologically Sustainable Development Fisheries And Aquaculture Within Western Australia, W. J. Fletcher

Fisheries management papers

The purpose of this ESD policy is to outline a way forward by showing in a practical manner: • how the ESD principles will be interpreted and applied within the fisheries context generally and within the Department of Fisheries specifically, • the conceptual framework that will be used to assess performance against ESD principles, • the methods for reporting on and auditing this performance, and • how these principles and the framework relate to other relevant state, national and international treaties and instruments.

Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder

RISK: Health, Safety & Environment (1990-2002)

The authors examine the management of risks associated with intellectual property linked to agri-biotech products, with emphasis on the international movement of agri-biotech intellectual property from industrialized to developing nations.

Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder

Law Faculty Scholarship

In order for agricultural biotechnology (agri-biotech) to play a larger role in the development of sustainable agricultural systems, intellectual property (IP) rights management must be addressed. These issues are not limited to developing countries. With increased globalization, the management of agri-biotech IP rights affects both developing and industrialized countries. In industrialized countries, for example, IP rights risk management entails protection of inventions via strong patent portfolios. For developing countries, IP rights risk management includes the acquisition of rights requisite for the use of inventions essential to the basic welfare of the population. Strategies are needed to bridge these disparate IP …

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

Santa Clara Magazine, Volume 44 Number 3, Winter 2002, Santa Clara University

Santa Clara Magazine

10 - GLOBALIZATION EMPOWERS GOOD AND EVIL By Rob Elder. Thomas Friedman, Pulitzer Prizewinning author and international affairs columnist for The New York Times, discusses this complex issue during a visit to campus.

14 - ON THE COLLISION OF WORLDS By Fred White. Corny science fiction movies inspire an SCU English professor to ponder deeply cosmic questions.

18 - THE CAMPAIGN FOR SANTA CLARA By Elizabeth Kelley Gillogly '93. SCU launches the largest campaign in its history, with plans for endowed scholarships, a new library, a new building for the Leavey School of Business, and much more.

Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The New Environmental Law: Forest Certification, Errol E. Meidinger

Journal Articles

This paper argues that the rapidly expanding practice of forest certification, together with similar developments in other sectors, is creating a new template for environmental law. Nongovernmental organizations and some industry actors are establishing binding regulatory standards, systems for monitoring compliance, sanctions for non-compliance, and, when things work well, methods for assessment and revision. It locates these developments as a part of “phase 3” of environmental law, which also involves a proliferation of other initiatives beyond traditional regulation. Finally, it offers a preliminary discussion of the efficacy, adaptability, coherence, and legitimacy of the emergent system.

Cases And Guidelines In Genetics, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.