Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vfjqv Total loading time: 0 Render date: 2024-04-25T12:03:53.184Z Has data issue: false hasContentIssue false

9 - DNA and the Administrative State

Published online by Cambridge University Press:  11 June 2021

Paul Enríquez
Affiliation:
United States Court of Appeals for the Federal Circuit
Get access

Summary

Human genome editing has become a reality and is here to stay. A logical question that follows, therefore, is whether the government should regulate the technology and, if so, what precise measures should be adopted to promote or hinder technological development. This chapter focuses on those questions at the intersection of human genome editing—specifically, germline genome editing (GGE) —and administrative law. The chapter highlights the FDA’s role as the agency in charge of protecting the public health by ensuring the safety and efficacy of human drugs and biological products, as well as shepherding scientific discoveries into the clinical realm. By examining precedents in gene therapy and stem-cell interventions, which are likely relevant to GGE, the chapter identifies regulatory gaps and proposes a novel regulatory framework for future GGE interventions. The chapter further frames the regulatory discussion in the context of an existing de facto legislative GGE ban, which prohibits the FDA from reviewing investigational uses of GGE technology in human embryos. Lastly, the chapter argues that the current legislative ban creates more societal costs than benefits, and it increases the likelihood that GGE technologies will be forced to develop in jurisdictions where regulatory systems may be inadequate from social and ethical standpoints.

Type
Chapter
Information
Rewriting Nature
The Future of Genome Editing and How to Bridge the Gap Between Law and Science
, pp. 287 - 329
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×