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University of Baltimore Law Forum

1978

DNA

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The Recombinant Dna Controversy, Augustus T. White, Rochelle L. White Apr 1978

The Recombinant Dna Controversy, Augustus T. White, Rochelle L. White

University of Baltimore Law Forum

The recombinant DNA controversy is a novel one, because proposed legislation is aimed at the regulation of pure scientific research rather than at the application of technology. In the case of DNA research, at least in an academic setting, it would appear that we are faced with a classical constitutional confrontation. On the one hand, fundamental civil liberties are involved. On the other hand, it is argued that the Commerce Clause and powers under Art. I sec. 8 permit regulation in this area because of the magnitude of the postulated danger to public health. Unlike many such conflicts, this need …