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Full-Text Articles in Law

Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman Dec 2009

Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman

Karen H. Rothenberg

No abstract provided.


Protecting Workers From Genetic Discrimination, Karen H. Rothenberg Dec 2009

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg Dec 2009

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg Dec 2009

Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung Sep 2009

Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung

Lawrence M. Sung

No abstract provided.


Enabling Responsible Public Genomics, John M. Conley, Daniel B. Vorhaus, Adam K. Doerr Aug 2009

Enabling Responsible Public Genomics, John M. Conley, Daniel B. Vorhaus, Adam K. Doerr

John M Conley

As scientific understandings of genetics advance, researchers require increasingly rich datasets that combine genomic data from large numbers of individuals with medical and other personal information. Linking individuals’ genetic data and personal information precludes anonymity and produces medically significant information—a result not contemplated by the established legal and ethical conventions governing human genomic research. To pursue the next generation of human genomic research and commerce in a responsible fashion, scientists, lawyers, and regulators must address substantial new issues, including researchers’ duties with respect to clinically significant data, the boundary between genomic research and commerce and the practice of medicine, and …


Safety In Numbers?: Deciding When Dna Alone Is Enough To Convict, Andrea L. Roth Aug 2009

Safety In Numbers?: Deciding When Dna Alone Is Enough To Convict, Andrea L. Roth

Andrea L Roth

Fueled by police reliance on offender databases and advances in crime scene recovery, a new type of prosecution has emerged in which the government's case turns on a match statistic explaining the significance of a “cold hit” between the defendant’s DNA profile and the crime-scene evidence. Such cases are unique in that the strength of the match depends on evidence that is nearly entirely quantifiable. Despite the growing number of these cases, the critical jurisprudential questions they raise about the proper role of probabilistic evidence, and courts’ routine misapprehension of match statistics, no framework currently exists – including a workable …


(Non)Obviousness Of Claims To Genetic Sequences: Finding The Middle Ground, Mark Polyakov, Eugene Goryunov Mar 2009

(Non)Obviousness Of Claims To Genetic Sequences: Finding The Middle Ground, Mark Polyakov, Eugene Goryunov

Mark V Polyakov

This article urges that the obviousness jurisprudence for claims to genetic sequences be overhauled to conform with the standard stated in KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007). An obviousness inquiry under 35 U.S.C. § 103 requires a determination of whether a skilled artisan would have found the claimed invention obvious in light of the analogous prior art. We demonstrate that the Court of Appeals for the Federal Circuit has established an overly rigid standard for determining the obviousness of claims directed to genetic sequences. This analysis is primarily concerned with whether structurally similar genetic sequences …


Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini Dec 2008

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This Essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution. Part I highlights certain features of the statute and explores the rationale underlying its enactment. Part II discusses the only published decision upholding the practice of taking of DNA samples from certain …


Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini Dec 2008

Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This brief essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution.