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The following articles from Vol. 8, No. 1, Summer 2011 (The Genes Are Out of the Bottle: DNA Opens New Legal Frontiers) are available to Section members.
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Table of Contents
4 Message From the Chair
The final column from this year’s Chair of the Section of Science & Technology Law.
By Stephen S. Wu
6 Ready Or Not? Law and the New Era of Prenatal Genetic Testing
Because the results of prenatal screening tests may trigger discussion of pregnancy termination as a possible option, new forms of prenatal genetic testing have reinvigorated debates about eugenics and society's treatment of individuals with disabilities.
By Mary A. Majumder
10 Legal Implications of Pharmocogenomics
New technologies raise difficult questions regarding the appropriate standard of care for physicians. Those who fail to recommend new treatments to their patients face the prospect of malpractice liability. Physicians with access to pharmacogenomic testing will be expected to utilize it, if only in retrospect, after a calamitous outcome.
By Kim Shaftner
14 Book Review: The Immortal Life of Henrietta Lacks
By Lida Anestidou
16 The European Court of Justice and the Case of the Disappearing DNA
After the court's judgment in Monsanto Technology LLC v. Cefetra BV et al., the rights to patented DNA may now not be infringed if the DNA was not functional at the time of the alleged infringement. Patent owners must now prove that their patented DNA was functional at the time the alleged infringement took place.
By Vid Mohan-Ram
18 Does Standing Matter? The Breast Cancer Gene Debate Continues
By apparently expanding the class of persons able to bring such suits, the district court may be subjecting patent holders who assert their rights to a higher risk of suits by persons who claim standing as potential infringers even though their activities may be completely unknown to the patent holder.
By Angela Foster
28 B-Tech Update
In this quarterly column, you will find coverage of contaminated medicine, sugar's effect on antibiotics, separating chromosomes before genomic analysis, and autism.
By Calhoun "Reb" Thomas
30 E-Tech Update
In this quarterly column, you will find coverage of the Telecom Act and cellular broadband.
By Robert Bauer
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