Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (6)
- Intellectual Property Law (6)
- Science and Technology Law (4)
- Fourth Amendment (3)
- Privacy Law (3)
-
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- Criminal Procedure (2)
- Environmental Law (2)
- Family Law (2)
- International Law (2)
- Medical Jurisprudence (2)
- Administrative Law (1)
- Agency (1)
- Animal Law (1)
- Civil Rights and Discrimination (1)
- Communications Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Criminal Law (1)
- Disability Law (1)
- Disability Studies (1)
- Estates and Trusts (1)
- First Amendment (1)
- Food and Drug Law (1)
- Genetics and Genomics (1)
- Immigration Law (1)
- Internet Law (1)
- Labor and Employment Law (1)
- Institution
-
- Saint Louis University School of Law (6)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Massachusetts School of Law (3)
- Fordham Law School (2)
- Marquette University Law School (1)
-
- Northwestern Pritzker School of Law (1)
- Nova Southeastern University (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of San Francisco (1)
- United Arab Emirates University (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Montana (1)
- University of New Hampshire (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Saint Louis University Journal of Health Law & Policy (3)
- Touro Law Review (3)
- University of Massachusetts Law Review (3)
- Saint Louis University Law Journal (2)
- Catholic University Journal of Law and Technology (1)
-
- Fordham Law Review (1)
- Fordham Urban Law Journal (1)
- ILSA Journal of International & Comparative Law (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Marquette Intellectual Property Law Review (1)
- Maryland Journal of International Law (1)
- Northwestern Journal of Technology and Intellectual Property (1)
- Public Land & Resources Law Review (1)
- RISK: Health, Safety & Environment (1990-2002) (1)
- Saint Louis University Public Law Review (1)
- Seattle University Law Review (1)
- St. John's Law Review (1)
- UAEU Law Journal (1)
- University of Richmond Law Review (1)
- University of San Francisco Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
Articles 1 - 28 of 28
Full-Text Articles in Law
From Nucleotides To Nuanced Law: The Value Of An Incremental Approach To Experimentation In State-Level Genetic Anti-Discrimination Legislation, Katelyn Fisher
From Nucleotides To Nuanced Law: The Value Of An Incremental Approach To Experimentation In State-Level Genetic Anti-Discrimination Legislation, Katelyn Fisher
University of Massachusetts Law Review
A person’s genetic information tells a detailed story of what someone looks like, who her relatives are, and even what illnesses she may develop. This information, as enlightening as it may be, can be especially damaging when utilized in a discriminatory way. This Note explores how the protections under the Genetic Non Discrimination Act of 2008 will no longer be sufficient for protecting individuals from genetic discrimination as the use of genetic information becomes more commonplace. The questions become: Where do we start? How and where should protections that extend to circumstances not covered by GINA be created in a …
The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter
The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter
Northwestern Journal of Technology and Intellectual Property
As consumer DNA testing gains widespread popularity, so has law enforcement’s interest in leveraging genetic databases for criminal investigations. Consumer DNA testing products like 23andMe and Ancestry allow private individuals access to their genetic data on private databases. However, once coded, genetic data is free to be downloaded by users and uploaded to public databases. Police identify suspects by uploading cold case DNA to public genetic databases and find familial matches. If they identify a familial match, they narrow the field of suspects using traditional methods of investigation, which often includes extracting suspect DNA from a piece of their abandoned …
Credibility Of Genetic Profiling In Establishing Paternity A Legal Comparative Study, Fwaz Saleh
Credibility Of Genetic Profiling In Establishing Paternity A Legal Comparative Study, Fwaz Saleh
UAEU Law Journal
Genetic profiling offers a new dimension for the possibility of exploring biological truth. It plays an important role in establishing paternity in Western legislation, though two conflicting trends are apparent in this connection: free and restricted.
In both trends, however, proving the biological truth is not the only objective of the legal rules organizing the establishment of paternity. The present study has also indicated that genetic profiling poses a threat to human rights, especially inviolability of the human body. Scientific evidence would certainly help determine paternity through the use of biologically accurate techniques. In the event of disputed paternity, however, …
Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: A Review, John Elder Robison
Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: A Review, John Elder Robison
Touro Law Review
No abstract provided.
Dna Is Different: An Exploration Of The Current Inadequacies Of Genetic Privacy Protection In Recreational Dna Databases, Jamie M. Zeevi
Dna Is Different: An Exploration Of The Current Inadequacies Of Genetic Privacy Protection In Recreational Dna Databases, Jamie M. Zeevi
St. John's Law Review
(Excerpt)
Part I of this Note discusses the fundamental science behind DNA and defines and explains the process of familial DNA searching. Part I also discusses how Carpenter v. United States provides a framework to begin thinking about the unique nature of DNA and privacy implications for its use, and why the revealing nature of this type of data warrants protection. Part II of this Note delves into the lack of constitutional and statutory protections for DNA in recreational DNA databases. First, Part II explains that traditional Fourth Amendment concepts, like search warrants, probable cause, reasonable expectation of privacy, third-party …
Buffalo Field Campaign V. Zinke, Hallee C. Kansman
Buffalo Field Campaign V. Zinke, Hallee C. Kansman
Public Land & Resources Law Review
Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.
Assessing Assisted Reproductive Technology, Raymond C. O'Brien
Assessing Assisted Reproductive Technology, Raymond C. O'Brien
Catholic University Journal of Law and Technology
Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck
Seattle University Law Review
This Note seeks to address the issues concerning the FDA’s approval of genetically modified salmon for consumption, arguing that the FDA did not properly vet AquAdvantage salmon, as well as relied on inappropriate criteria in their approval of its market use. Part I provides a brief history of AquAdvantage salmon’s introduction to U.S. markets and the legal actions taken in response to the FDA ruling. Part II discusses the statutes and regulations fundamentally relevant to GE products, as well as a critique of the way each regulation was used to approve AquAdvantage. Part III offers a comparison to the European …
Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett
Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett
University of Richmond Law Review
No abstract provided.
Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett
Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett
Journal of the National Association of Administrative Law Judiciary
This note considers the current state of affairs regarding patentability in the field of biotechnology, especially that of genes and DNA. Part II gives a brief background of patents in general, including the requirements that must be met for a patent to be granted, the way in which the patent process works, and the options available to a patent holder once a patent has been granted. Part III explores the history of biotechnology patents. Part IV takes a look at the relationship between patents and biotechnology, and sheds light on some of the common arguments both in favor of and …
Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer
Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer
Marquette Intellectual Property Law Review
None
A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles
A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles
University of Massachusetts Law Review
The Case Note proceeds as follows. Part I traces the historical and procedural facts underlying Nicholas. Part II describes the legal backdrop against which the United States Court of Appeals for the Second Circuit decided the case. Part III steps through the Second Circuit’s majority opinion, and Part IV critiques the opinion. Part V concludes the Case Note by discussing the ramifications of Nicholas for future DNA-indexing cases.
Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove
Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove
University of Massachusetts Law Review
Since October 2012, certain family members of refugees seeking reunification through the United States Refugee Admissions Priority Three program must undergo DNA testing to prove they are genetically related. The putative purposes of the policy include fraud prevention, enhanced national security, and greater efficiency in refugee claims processing. Upon close inspection, however, the new policy generates significant sociopolitical and legal concerns. The notion of what constitutes a family is significantly narrowed. Required DNA testing may violate domestic laws and international human rights instruments regarding voluntary informed consent, privacy, and anti-discrimination. Traditional legal solutions insufficiently remedy these concerns and cannot prevent …
The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein
The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein
Touro Law Review
No abstract provided.
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Maryland Journal of International Law
No abstract provided.
Risk And Responsibility: State Regulation And Enforcement Of The Direct-To-Consumer Genetic Testing Industry, Helen C. Dick
Risk And Responsibility: State Regulation And Enforcement Of The Direct-To-Consumer Genetic Testing Industry, Helen C. Dick
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe
The Ethics Of Genetic Patenting And The Subsequent Implications On The Future Of Health Care, Suzanne Ratcliffe
Touro Law Review
No abstract provided.
Pharmacogenomics And The Genetic Information Nondiscrimination Act Of 2008: Legislation Limitations And Its Impact On Pgx Research And Clinical Opportunity, Amanda Tessmer
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Genetic Discrimination In The Workplace: Lessons From The Past And Concerns For The Future, Laurie A. Vasichek
Genetic Discrimination In The Workplace: Lessons From The Past And Concerns For The Future, Laurie A. Vasichek
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm
Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm
University of San Francisco Law Review
This Article examines the current regulatory scheme for genetic testing and calls for a unification of the testing standards. It advocates consolidating the standards under a single governmental agency, FDA, in order to ameliorate the potential for immediate and future harm to patients and their families. In order to be effective, future regulations must apply to all providers of genetic testing and create meaningful, reasonable criteria for testing processes and outcomes.
Preimplantation Genetic Diagnosis: From Preventing Genetic Disease To Customizing Children. Can The Technology Be Regulated Based On The Parents’ Intent?, Lindsey A. Vacco
Preimplantation Genetic Diagnosis: From Preventing Genetic Disease To Customizing Children. Can The Technology Be Regulated Based On The Parents’ Intent?, Lindsey A. Vacco
Saint Louis University Law Journal
No abstract provided.
Genetic Information And The Importance Of Context: Implications For The Social Meaning Of Genetic Information And Individual Identity, Ken M. Gatter
Genetic Information And The Importance Of Context: Implications For The Social Meaning Of Genetic Information And Individual Identity, Ken M. Gatter
Saint Louis University Law Journal
No abstract provided.
Preimplantation Genetic Diagnosis: Disease Control Or Child Objectification?, Rebecca Knox
Preimplantation Genetic Diagnosis: Disease Control Or Child Objectification?, Rebecca Knox
Saint Louis University Public Law Review
No abstract provided.
Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Logical Next Step? An International Perspective On The Issues Of Human Cloning And Genetic Technology, Jason T. Corsover
The Logical Next Step? An International Perspective On The Issues Of Human Cloning And Genetic Technology, Jason T. Corsover
ILSA Journal of International & Comparative Law
"If you're a scientist, you believe that it is good to find out how the world works; that it is good to find what the realities are; that it is good to turn over to mankind at large the greatest possible power to control the world…”
- Robert Oppenheimer on the Manhattan Project
The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett
The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett
RISK: Health, Safety & Environment (1990-2002)
Mr. Harnett argues that emphasizing technology transfer at institutions such as the National Institutes of Health will interfere with what should be regarded as their primary mission, basic research.
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean Macchiaroli Eggen
Fordham Law Review
In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Fordham Urban Law Journal
This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO's role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.