Law Commons^™

Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.

The Countervailing Interests Of The Progression And Application Of Biotechnological Innovation Supporting The Modification Of Current Exclusionary Property Rights, Sebastian Ohanian

Sebastian Ohanian

This paper will describe current hurdles in stem cell research and determine the legal landscape necessary to facilitate advancements in the field with a specific emphasis on Moore v. Regents of the University of California, its progeny, and applicable federal policies. This article will begin with an introduction to the scientific significance of stem cells and the tools that scientists require to perform genetic research, describe the barriers impeding research, examine recent changes in policy, and propose modifications to policies to maximize growth in the field.

The Countervailing Interests Of The Progression And Application Of Biotechnological Innovation Supporting The Modification Of Current Exclusionary Property Rights, Sebastian Ohanian

Sebastian Ohanian

This paper will describe current hurdles in stem cell research and determine the legal landscape necessary to facilitate advancements in the field with a specific emphasis on Moore v. Regents of the University of California, its progeny, and applicable federal policies. This article will begin with an introduction to the scientific significance of stem cells and the tools that scientists require to perform genetic research, describe the barriers impeding research, examine recent changes in policy, and propose modifications to policies to maximize growth in the field.

Science, Public Bioethics, And The Problem Of Integration, Orlando Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decisionmaking. It has captured the attention of officials in every branch of government, as well as the American public. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decisionmaking) continue to roil the public square.

This article examines the question of how scientific methods and principles can and …

Science, Public Bioethics, And The Problem Of Integration, Orlando Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decisionmaking. It has captured the attention of officials in every branch of government, as well as the American public. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decisionmaking) continue to roil the public square.

This article examines the question of how scientific methods and principles can and …

State Constitutionalism And The Right To Health Care, Elizabeth Leonard

Elizabeth A. Weeks

This Article examines state constitutions and health care rights. Notably, close to a third of states’ constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article begins by explaining the absence of a federal right and the rationale for looking to state constitutional protections for health. The Article then provides a comprehensive survey of state constitutional provisions and judicial decisions enforcing or interpreting them. The survey reveals certain common themes and …

Antibiotics In Food Animals: The Convergence Of Animal And Public Health, Science, Policy, Politics And The Law, Nancy Halpern

Nancy E Halpern D.V.M.

ANTIBIOTICS IN FOOD ANIMALS: THE CONVERGENCE OF ANIMAL AND PUBLIC HEALTH, SCIENCE, POLICY, POLITICS AND THE LAW

BY NANCY E HALPERN, DVM

MAY 3, 2009

ABSTRACT

The use of antibiotics in food animals, to prevent and/or control disease in these animals, has been a subject of discussion between the medical and veterinary and animal agricultural sectors and related national and international government entities for decades, because of concerns about the resulting increase in antibiotic resistance such practices facilitate. The underlying premise is that use of antibiotics in food animals leads to resistance of the bacteria consumed by humans, and reducing …

The Genetic Information Nondiscrimination Act: A New Look At An Old Problem, Sagit Ziskind

Sagit Ziskind

Following more than a decade of congressional and academic debate, the Genetic Information Nondiscrimination Act of 2008 (GINA) was signed into law. GINA forbids health insurers from making coverage determinations based on genetic information from a broad range of sources. GINA has put an end to a patchwork of inconsistent state and federal laws regulating the use of genetic information by the health insurance industry. This essay offers a new framework for understanding the merits of GINA and the appropriateness of its scope. Drawing on economic rationales, this essay shows that genetics legislation pre-GINA failed to adequately advance the principle …

Responding, Rather Than Reacting To, Race In Biomedical Research: A Response To Professors Caulfield And Mwaria, Michael J. Malinowski

Michael J. Malinowski

This Commentary is part of a colloquy on race-based genetics research.

The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja

Urska Velikonja

The United States, unlike most developed countries, does not regulate its fertility industry. Rather, it has vested control over the industry to professional organizations and to market forces. While lack of regulation has produced a vibrant market for ART services, it has also produced an undesirable consequence: a high rate of multiple gestation pregnancies. In this article I summarize the data on the medical, psychological, and financial costs associated with multiple pregnancies to the parents, the children, and the American society. I suggest that the current U.S. regulatory regime has not only failed to address these costs as they surfaced, …

Legal Issues, Mary Ann Chirba

Mary Ann Chirba

No abstract provided.

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Gabriel Eckstein, Adriane Busby

Gabriel Eckstein

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system – including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides – increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides.

This article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …

The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky

Noah B Novogrodsky

This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …

More Private Equity, Less Government Subsidy, And More Tax Efficiency In Urban Revitalization, Roger M. Groves

Roger M. Groves

MORE PRIVATE EQUITY, LESS GOVERNMENT SUBSIDY, AND MORE TAX EFFICIENCY IN URBAN REVITALIZATION: Modeling Profitable Philanthropy and Investment Incentives In hopes of revitalizing depressed urban areas, US tax policy has been to use tax credits as a major incentive to induce private equity re-investment. But those give away subsidies to private investors have failed to have transformative effects, and come at a price in the billions to the public treasury. This article seeks a shift in the tax policy paradigm to increase the private equity investment, while reducing tax subsidy dependence. For the philanthropic urban investor, the short term incentive …

Who Owns Your Body? A Study In Literature And Law, Lori B. Andrews

Lori B. Andrews

No abstract provided.