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SlovicP., “Perceived Risk, Trust, and Democracy,”Risk Analysis13, no.6 (2006): 675–682; BowmanD. M.HodgeG. A., “‘Governing’ Nanotechnology without Government?”Science & Public Policy35, no. 7 (2008): 475–487, at 483.
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13.
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29.
See, e.g., McElfishJ. M.Jr., “Inventing Nonpoint Controls: Methods, Metrics and Results,”Villanova Environmental Law Journal17, no. 1 (2006): 87–216.
30.
See, e.g., President's Council on Bioethics, Reproduction and Responsibility: The Regulation of New Biotechnologies, Washington, D.C., 2004, at xvii (“[R]egulatory institutions have not kept pace with our rapid technological advance. Indeed, there is today no public authority responsible for monitoring or overseeing how these [reproductive] technologies make their way from the experimental to the clinical stage, from novel approach to widespread practice. There is no authority, public or private, that monitors how or to what extent these new technologies are being or will be used, or that is responsible for attending to the ways they affect the health and wellbeing of the participants or the character of human reproduction more generally”); SoloveD. J., “Reconstructing Electronic Surveillance Law,”George Washington Law Review72, no. 6 (2004): 1264–1305, at 1266 (“[E]lectronic surveillance law… has failed to keep pace in adapting to new technologies, and… provides for insufficient judicial and legislative oversight.”); JavittG. H.StanleyE.HudsonK., “Direct-to-Consumer Genetic Tests, Government Oversight, and the First Amendment: What the Government Can (and Can't) Do to Protect the Public's Health,”Oklahoma Law Review57, no. 2 (2004): 251–302, at 301 (“Many critics lament both the lack of federal oversight of genetic tests and the increasing efforts by some companies to promote and sell them directly to consumers.”).
31.
See Moses, supra note 25, at 248.
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33.
MarchantG. E.SylvesterD. S.AbbottK. W., “Risk Management Principles for Nanotechnology,”NanoEthics2, no. 1 (2008): 43–60, at 50–53; see BowmanHodge, supra note 8, at 477.
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35.
FiorinoD. J., The New Environmental Regulation (Cambridge: MIT Press, 2006): At 179–186. Under the Dutch covenants program, the government sets broad environmental goals, and then each company negotiates a “covenant” with various regulators and non-governmental organizations that sets forth its environmental obligations. Id., at 181–182. These covenants can be revised and updated more quickly than traditional regulation. Id., at 183.
36.
BlackJ., “Forms and Paradoxes of Principles Based Regulation,”Capital Markets Law Journal3, no. 4 (2008): 425–457. Principle-based regulation is a more decentralized, flexible, and adaptive form of regulation, in which the government promulgates broad principles rather than detailed rules that it requires regulated parties to comply with, and then the regulated entities are responsible for developing their own framework for implementing the governing principles. Id., at 431–432.
37.
KassL. R.Editorial, “Defending Human Dignity,”American Enterprise Institute Newsletter, December 2007, at 53; Editorial, “Beyond the Yuck Factor,”New Scientist186, no. 2505 (2005): 5; KulinowskiK., “Nanotechnology: From ‘Wow’ to ‘Yuck’?”Bulletin of Science, Technology & Society24, no. 1 (2004): 13–20.
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BagleyM. A., “Patent First, Ask Questions Later: Morality and Biotechnology in Patent Law,”William and Mary Law Review45, no. 2 (2003): 469–547, at 502.
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Diamond v. Chakrabarty, 447 U.S. 303, 317 (1980).
41.
FoxD., “Safety, Efficacy, and Authenticity: The Gap between Ethics and Law in FDA Decisionmaking,”Michigan State Law Review2005, no. 4 (2005): 1135–1197, at 1159–1160.
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MeghaniZ.de Melo-MartinI., “The U.S. Food and Drug Administration's Evaluation of the Safety of Animal Clones,”Bulletin of Science, Technology & Society29, no. 1 (2009): 9–17, at 9; WeissR., “FDA Is Set to Approve Milk, Meat from Clones,”Washington Post, October 17, 2006, at A1.
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46.
Id. (de Melo-Martin and Meghani), at 302.
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See Fox, supra note 41, at 1179–1189.
48.
45 C.F.R. § 46.111(a)(2) (2007).
49.
Secretary's Advisory Committee on Genetic Testing, Enhancing the Oversight of Genetic Tests: Recommendations of the SACGT, July 2000, at xi, available at <http://oba.od.nih.gov/oba/sacgt/reports/oversight_report.pdf> (last visited September 3, 2009).
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KokjohnS., “The Imposition of an Age Restriction on Over-the-Counter Access to Plan B Emergency Contraception: Violating Constitutional Rights to Privacy and Exceeding Statutory Authority,”Minnesota Journal of Law, Science & Technology9, no. 1 (2008): 369–398.
51.
These advisory committees would differs from the more generic, governmentwide advisory committee such as the President's Council on Bioethics, in that they would focus on ethical concerns about specific regulatory actions by one agency, rather than the broader issues usually not directly tied to a specific regulatory proposal addressed by the Council on Bioethics.
52.
See BusbyH.HerveyT.MohrA., “Ethical EU Law? The Influence of the European Group on Ethics in Science and New Technologies,”European Law Review33, no. 6 (2008): 803–842.
53.
See BlausteinS. A., “Splitting Genes: The Future of Genetically Modified Organisms in the Wake of the WTO/Cartagena Standoff,”Pennsylvania State Environmental Law Review16, no. 2 (2008): 367–401.
54.
See IsasiR. M., “Legal and Ethical Approaches to Stem Cell and Cloning Research: A Comparative Analysis of Policies in Latin America, Asia, and Africa,”Journal of Law, Medicine & Ethics32, no. 4 (2004): 626–640; MarianiM., “Stem Cell Legislation: An International and Comparative Discussion,”Journal of Legislation28, no. 2 (2002): 379–411; LeskoP.BuckleyK., “Attack of the Clones…and the Issues of Clones,”Columbia Science & Technology Law Review3, no. 1 (2002): 1–45.
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FukuyamaF., “Gene Regime,”Foreign Policy (March/April 2002): 57–63, at 57, 59.
57.
See Marchant, supra note 33, at 58; AbbottK. W.MarchantG. E.SylvesterD. J., “A Framework Convention for Nanotechnology?”Environmental Law Reporter38, no. 8 (2008): 10507–10514.
58.
BurkeE., Letter to a Member of the National Assembly, 3rd ed. (Paris, 1791).