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Full-Text Articles in Law
Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, Myrisha S. Lewis
Halted Innovation: The Expansion Of Federal Jurisdiction Over Medicine And The Human Body, Myrisha S. Lewis
Faculty Publications
Modern medical innovations are blurring the line between medical practice and medical devices and drugs. Historically, many techniques have been developed in medicine, without any interference from the federal government, as medical practice is (and has historically been) an area of state jurisdiction. Over the past two decades, however, the U.S. Food and Drug Administration (FDA) has been exerting jurisdiction over the human body and the practice of medicine by targeting new medical techniques for oversight and subjecting the continued use of those treatments to onerous and legally questionable regulatory requirements that hinder the use of those treatments in practice. …
When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda
When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda
Faculty Publications
Given the alarming upward trend in HIV infection rates and the downward trend in condom usage, we need a new approach to HIV prevention in the United States. One such approach, HIV Pre-Exposure Prophylaxis (commonly known as “PrEP”), has the potential to significantly reduce HIV incidence. The FDA recently approved a daily dose of Truvada® — an antiretroviral drug that suppresses the virus in HIV-positive individuals — for daily use by high-risk HIV-negative individuals to prevent infection. Despite an effectiveness above ninety percent and significant regulatory momentum, this pharmacological prevention modality has proven difficult to implement. In this Article, I …
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu
Faculty Publications
In Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee’s ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee’s right. Since globalized intellectual property standards were established through international agreements and much of the resistance to intellectual property …
Gene Probes As Unpatentable Printed Matter, Andrew Chin
Gene Probes As Unpatentable Printed Matter, Andrew Chin
Faculty Publications
In this Article, I argue that the most problematic kind of gene patents — those claiming short DNA molecules used to probe for longer gene sequences — should be held invalid as directed to unpatentable printed matter. This argument, which emerges from recent developments in biotechnology and information technology, is grounded in the printed matter doctrine’s structural role of obviating patentability inquiries directed to inapposite information-management considerations. Where the inventive contribution in a claimed gene probe subsists solely in stored sequence information, these inapposite considerations lead the novelty and nonobviousness analyses to anomalous results that the printed matter doctrine was …
Artful Prior Art And The Quality Of Dna Patents, Andrew Chin
Artful Prior Art And The Quality Of Dna Patents, Andrew Chin
Faculty Publications
No abstract provided.
Foreword: The Promise And Peril Of Biotechnology, Joan H. Krause
Foreword: The Promise And Peril Of Biotechnology, Joan H. Krause
Faculty Publications
No abstract provided.
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Who Are The Parents Biotechnological Children?, Larry I. Palmer
Who Are The Parents Biotechnological Children?, Larry I. Palmer
Faculty Publications
We do not underestimate the difficulties of legislating on this subject. In addition to the inevitable confrontation with the ethical and moral issues involved, there is the question of the wisdom and effectiveness of regulating a matter so private, yet of such public interest. Legislative consideration of surrogacy may also provide the opportunity to begin to focus on the overall implications of the new reproductive biotechnology- in vitro fertilization, preservation of sperms and eggs, embryo implantation and the like. The problem is how to enjoy the benefits of the technology-especially for infertile couples-while minimizing the risk of abuse. The problem …