• Login
    View Item 
    •   Home
    • Yale Law School Journals
    • Yale Journal of Health Policy, Law, and Ethics
    • View Item
    •   Home
    • Yale Law School Journals
    • Yale Journal of Health Policy, Law, and Ethics
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Constitutional Constraints on the Regulation of Cloning

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    17_9YaleJHealthPolyL_Ethics495 ...
    Size:
    731.0Kb
    Format:
    PDF
    Download
    Author
    Burt, Robert
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/6106
    Abstract
    In 1995, Congress enacted a ban on federal funding for experimentation with human embryos. In 2001, President George W. Bush issued a presidential policy statement extending this funding ban to research on human stem cells extracted from embryos except for research on a limited number of cell lines that had previously been established; he reiterated this position in a 2007 executive order. In his 2008 presidential campaign, Barack Obama promised to support stem cell research. It now seems likely that in addition to rescinding Bush's executive order, Obama will ask Congress to repeal its funding ban from 1995, which still prohibits scientists from generating new stem cell lines. The politics surrounding this research could shift again-as the ethical issues of stem cell research are reopened, some critics may promote a total prohibition of human embryonic and stem cell research. Public debate on this issue has thus far focused on policy concerns. The purpose of this Article is to explore constitutional arguments that might be invoked to overturn any federal or state restrictions on human embryonic stem cell research. Broadly speaking, I will evaluate four different constitutional challenges to a total ban: 1) that such regulations violate researchers' constitutional right of free scientific inquiry; 2) that such regulations violate individual rights to reproductive freedom; 3) that the former Executive Branch restriction imposed an unconstitutional condition on the availability of government funding; and 4) that neither reproductive nor therapeutic cloning is a permissible subject for congressional enactment, but that both are reserved exclusively for state regulatory authority. Exhaustively evaluating these four possible constitutional objections would require writing at least a small textbook on constitutional law; I will instead be suggestive rather than exhaustive.
    Collections
    Yale Journal of Health Policy, Law, and Ethics

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.