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UCLA HNRS 70A - HC70A-W09-2-24-09Lecture9

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PowerPoint PresentationSlide 2Slide 3Slide 4Slide 5Slide 6Slide 7Slide 8Slide 9Slide 10Slide 11Slide 12Slide 13Slide 14Slide 15Slide 16Slide 17Slide 18Slide 19Slide 20Slide 21Slide 22Slide 23Slide 24Slide 25Slide 26Slide 27Slide 28Slide 29Slide 30Slide 31Slide 32Slide 33Slide 34Slide 35Slide 36Slide 37Slide 38Slide 39Slide 40Slide 41Slide 42Slide 43Slide 44Slide 45Slide 46Slide 47Slide 48Slide 49Slide 50Slide 51Slide 52Slide 53Slide 54Slide 55Slide 56Slide 57Slide 58Slide 59Slide 60Slide 61Slide 62Slide 63Slide 64Slide 65Slide 66Slide 67HC70A & SAS70A Winter 2009Genetic Engineering in Medicine, Agriculture, and LawProfessors Bob Goldberg & John HaradaLecture 9Science & The Constitution: Regulating Science & Genetic EngineeringTEXT READINGChapters 12 & 13SELECTED REFERENCES•Cloning & The Constitution, By I.H. Carmen (1985)•A Practical Companion To The Constitution, By J.K. Lieberman (1999)•The Recombinant DNA Controversy: A Memoir, By D. S. Fredrickson (2001)•Genetics: Ethics, Law, and Policy, By Lori B. Andrews et al. (2002)•Patent, Copyright, & Trademark, By S. Elias & R. Stim (2005)•Stem Cell Century, By Russell Korobkin (2007)•Biotechnology and The Law, By H.B. Wellons et al. (2007)THEMES1. Historical Attempts to Regulate Science-The Genetic Engineering Controversy2. Government of the United States3. What is in the Constitution About Science-Directly & Indirectly?4. Can Scientific Inquiry and Research Be Regulated?5. Can Experimentation Be Regulated Directly?6. Case Studies in Regulating Science Directly7. Can Science Be Regulated Indirectly?8. Regulating Science-A SummaryThe Genetic Engineering Controversy: 1974-1986Attempts to Regulate Genetic Engineering at the Local, State, & Federal LevelsCohen-Boyer-1973Berg Letter (1974), Asilomar (1975), NIH Guidelines (1976)5/24/772/20/771/17/77“Threats of diseases and monsters that could be brought about by recombinant DNA…..gene splicing should be banned within the city limits.”2/7/7710/25/772/8/771/12/78Allows P1, P2, & P3 Research Following NIH GuidelinesAllows Research Following NIH Guidelines6/21/86Biotech CompaniesWhat About Recent Attempts to Regulate Science at the Local, State, & Federal Levels?What About Other Legal Issues Dealing With Genetic Engineering?Life Is Patentable6/17/1980A Brief History of Patenting “Life”Jensen & Murray (2005) Science 310,239-240 (October 14, 2005)Who Owns Your Genes: Human Gene Patents Scientific American, February 200620% of Human Genes Have Been Patented (2006)Who Has Patents on Your Genes? Scientific American, February 2006Organization of the United States GovernmentChecks & BalancesNO Precedent For This Form of Government in 1789-”Invented” From Scratch!Activist Judges?Voting Rights, Civil Rights, Age & Gender DiscriminationAffirmative Action, etc, Chief Justice John MarshallArticle or Amendment What Is Application?Article I, Section 8.1 Promote the General WelfareArticle I, Section 8.8 Patents & CopyrightsArticle I, Section 8.18 Make All Laws to Execute (Police Powers)Amendment I Freedom of SpeechAmendment IV` Searches & SeizuresAmendment V Due Process-Privacy-FederalAmendment X Powers Reserved to the States (Police Powers)Amendment XIII SlaveryAmendment XIV Due Process-Privacy-StatePreamble Promote the General WelfareHow Does the Constitution Affect Science Directly or Indirectly?What Does the Constitution Say Directly About Science?Is the Word “Science” in the Constitution?1. Article I - Section 8.8The Congress shall have the Power:[8] “To Promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their Writings and Discoveries”Keyword: Inventors not Science. Wanted to Promote Economic Development & Promote a National Economics Policy Grounded in Property Rights.That is, Entrepreneurship!PATENTS!!2. Article I - Section 8.18The Congress shall have the Power:[18] “To make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof. Key Concept: Congress Established Patent and Trademark Office (USPTO) and Intellectual Property lawsHow Does the Constitution Deal Indirectly With Science?Without Using the Word Science or Mentioning the Progress of Science and Discoveries?1. Preamble“We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provde for the common defense, promote the General Welfare……”Key Concept: General Welfare-Which Can Apply to Almost Everything Dealing With Science, Health, Medicine, Agriculture, and Safety!2. Article I - Section 8.1The Congress shall have the Power:[1] “To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States”Key Concept: Provide For the General Welfare-Which Can Apply to Almost Everything Dealing With Science, Health, Medicine, Agriculture, and Safety!2. Article I - Section 8.1Congress Established Under This Article:• Smithsonian Institute (1846)• National Academy of Sciences (1863)• National Bureau of Standards (1901)• Public Health Service (1912)• National Institutes of Health (1930)• National Science Foundation (1946)• USDA, EPA, FDA, CDC, NASA, etc., etcKey Concept: All Vested Under Constitutional Grant to Congress to Promote the General Welfare-All Involved in Science, Medicine, Agriculture, & Technology Activities3. Amendment I Freedom of Speech and Expression:“Congress shall make no Law respecting an establishment of religion, prohibiting the free exercise thereof; or abridging freedom of speech, or of the press, of the right of the people peacefully to assemble, and to petition the Government for a redress of grievances.”Key Concepts: Freedom to Think About Science, Publish, and Discuss Science in Meetings and Laboratories4. Amendment IV Searches and Seizures:“The right of the people to secure their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized”Key Concepts:


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UCLA HNRS 70A - HC70A-W09-2-24-09Lecture9

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