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Constitutionalizing Nature's Law: Dignity And The Regulation Of Biotechnology In Switzerland, James Toomey
Constitutionalizing Nature's Law: Dignity And The Regulation Of Biotechnology In Switzerland, James Toomey
Elisabeth Haub School of Law Faculty Publications
The Swiss Constitution was amended by referendum in 1992 to include two unique provisions: Article 119, which imposes strict limits on genetic and reproductive technologies in humans in order to protect ‘human dignity’, and Article 120, which commits the Swiss federal government to limiting genetic technologies in non-human species on the basis of the ‘dignity of the creature’. This article analyzes the role of ‘dignity’ as a limit on biotechnologies in the Swiss constitutional order. It concludes that the understanding of dignity the constitution embraces codifies a contestable metaphysical theory of value at the constitutional level. Specifically, the Swiss constitutional …
Re-Framing Biotechnology Regulation, Alison Peck
Re-Framing Biotechnology Regulation, Alison Peck
Law Faculty Scholarship
Biotechnology is about to spill the banks of federal regulation. New genetic engineering techniques like CRISPR-Cas9 promise revolutionary breakthroughs in medicine, agriculture, and public health-but those techniques would not be regulated under the terms of the Coordinated Framework for Regulation of Biotechnology. This revolutionary moment in biotechnology offers an opportunity to correct the flaws in the framework, which was hastily patched together at the advent of the technology. The framework has never captured all relevant technologies, has never satisfied the public that risk is being effectively managed, and has never been accessible to small companies and publicly-funded labs that increasingly …
The Costs Of Changing Our Minds, Nita A. Farahany
The Costs Of Changing Our Minds, Nita A. Farahany
Faculty Scholarship
This isn’t quite a draft yet – it’s a concept paper. You’ll see after the first 10 pages a good bit of text in brackets, which are primarily notes for me, but it’ll give you a sense of the content of those sections. I’d like to talk through the concept – the “duty” to mitigate emotional distress damages and how courts have struggled with it, as a foray into a broader dichotomy that I see in a number of areas of law that suggest an implicit value in “cognitive liberty.” This is a smaller version of a broader book project …
The New Imperialism: Toward An Advocacy Strategy For Gmo Accountability, Alison Peck
The New Imperialism: Toward An Advocacy Strategy For Gmo Accountability, Alison Peck
Law Faculty Scholarship
No abstract provided.
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung
Faculty Scholarship
No abstract provided.