Judicature Genes
and Justice
The Growing Impact of the New Genetics on the Courts
November-December 1999 Vol 83(3)
The Growing Impact of the New Genetics on the Courts
November-December 1999 Vol 83(3)
|
|
Judicature Genes
and Justice
The Growing Impact of the New Genetics on the Courts November-December 1999 Vol 83(3) |
|
This symposium issue of the law journal Judicature focuses on the growing societal impact of DNA technology and some of the genetics-related issues that courts will confront in the near future. Funding for publication of this issue and distribution to judges nationwide was provided in part by the Ethical, Legal, and Social Issues component of the Department of Energy's Human Genome Program (HGP) as part of its continuing effort to educate and alert the judiciary to the expected flood of genetics-related cases. Several article authors are HGP grantees.
Articles
Genes and Justice:
Foreword
by Shirley Abrahamson, Chief Justice of the Wisconsin
Supreme Court and chair of the National Commission on the Future of DNA
Evidence.
83 JUDICATURE 102 (November-December 1999)
Genes and Justice:
Introduction
by Denise K. Casey, science writer, editor, and educator
with the DOE Human Genome Program and guest editor of this symposium.
83 JUDICATURE 103 (November-December 1999)
Genes, dreams, and
reality: the promises and risks of the new genetics
by Denise K. Casey, science writer, editor, and educator
with the DOE Human Genome Program and guest editor of this symposium.
This primer explains the basics of DNA science and
the Human Genome Project and offers a glimpse into the potential benefits
and pitfalls of an astonishing array of some current and future applications
of this powerful
new technology.
83 JUDICATURE 105 (November-December 1999)
Genes and behavior:
a complex relationship
by Joseph D. McInerney, director of the Foundation for
Genetic Education and Counseling.
Although scientists agree on a connection between
genes and behavior, the likelihood that we soon will use genetic analysis
to accurately predict behavior or explain a criminal act is not great.
83 JUDICATURE 112 (November-December 1999)
The impact of behavioral
genetics on the law and the courts
by Mark A. Rothstein, Cullen Distinguished Professor
of Law and director of the Health Law & Policy Institute at the University
of Houston Law Center.
New discoveries in genetics, including behavioral
genetics, will raise a host of legal questions requiring careful scrutiny
by the courts.
83 JUDICATURE 116 (November-December 1999)
The Human Genome Project
and the courts: gene therapy and beyond
by Maxwell J. Mehlman, Arthur E. Petersilge Professor
of Law and director, The Law-Medicine Center, Case Western Reserve University
School of Law, and Professor of Biomedical Ethics, Case Western Reserve
University School of Medicine.
The courts will be called upon to settle an array
of disputes involving genetic medicine among patients, health care professionals,
insurers, and the government.
83 JUDICATURE 124 (November-December 1999)
Hope, fear, and genetics:
judicial responses to biotechnology
by E. Richard Gold, assistant professor, Faculty of Law,
The University of Western Ontario.
Although still in its infancy, biotechnology has already
introduced such controversial issues as DNA typing, reproductive technologies,
and patenting of animals before courts and tribunals worldwide.
83 JUDICATURE 132 (November-December 1999)
Keeping the gate: the
evolving role of the judiciary in admitting scientific evidence
by Joseph T. Walsh, justice of the Delaware Supreme Court.
Advances in genetics will create further challenges
to judges in their efforts to balance the need to accommodate "novel" evidence
with the need to screen out "junk science.".
83 JUDICATURE 140 (November-December 1999)
From crime scene to
courtroom: integrating DNA technology into the criminal justice system
by Christopher H. Asplen, assistant United States attorney
and Executive Director of the National Commission on the Future of DNA
Evidence.
The National Commission on the Future of DNA Evidence,
established by Attorney General Janet Reno in 1997, is charged with findings
ways to ensure the effective use of DNA evidence.
83 JUDICATURE 144 (November-December 1999)
Complex scientific
evidence and the jury
by Robert D. Myers, Presiding Judge of the Arizona Superior
Court in Maricopa County; Ronald S. Reinstein, Associate Presiding Judge
of the Arizona Superior Court in Maricopa County; and Gordon M. Griller,
court administrator, Arizona Superior Court in Maricopa County and a member
of the Board of Directors of the American Judicature Society.
Increasingly complex scientific issues, such as genetics,
will further tax the jury system. Courts can and must seek new ways to
help jurors cope more effectively.
83 JUDICATURE 150 (November-December 1999)
Educating judges for
adjudication of new life technologies
by Franklin Zweig, President of the Einstein Institute
for Science, Health & the Courts; and Diane E. Cowdrey, director of
education at the Administrative Office of the Courts, Utah, and a member
of the Board of Directors of the American Judicature Society.
Judges will increasingly be called upon to adjudicate
controversies related to genetics and biotechnology. A series of workshops
is helping to prepare them.
83 JUDICATURE 157 (November-December 1999)
Books
No defined boundaries
by Dena S. Davis, review of The Clone Age: Adventures
in the New World of Reproductive Technology, by Lori B. Andrews.
Insecurity with science
by Michael B. Getty, review of Legal Alchemy: The
Use and Misuse of Science in the Law, by David L. Faigman.
DNA's search for truth
by Clay Strange, review of And the Blood Cried Out:
A Prosecutor's Spellbinding Account of the Power of DNA, by Harlan
Levy.
83 JUDICATURE 162 (November-December 1999)
 |
The online presentation of this publication is a special feature of the Human Genome Project Information Web site. |