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Abstract:
Approximately three percent of all children are born with an observable genetic abnormality. Preimplantation Genetic Diagnosis ("PGD") is a process by which embryos are created via in vitro fertilization and are then genetically screened to select for or against certain inheritable traits. Only those embryos with the desired genetic makeup are implanted. The vast majority of couples use PGD to select against genetic disorders; however, some couples use PGD to select for genetic disorders. While the thought of intentionally subjecting one's child to a deleterious condition may seem unimaginable, couples who use PGD to select embryos carrying a disorder displayed by the parents justify their actions by their desire to have children who are like them.

PGD, both in selecting for and against congenital disorders, has been controversial because of the ethical, religious, social and political issues involved. This paper will provide background information on the scientific methods used to perform PGD, followed by a discussion of the inheritance patterns and symptoms of a variety of common genetic disorders. The author will also discuss the social ramifications of having some of the aforementioned medical conditions. Lastly, with the physical and social consequences of various genetic disorders in mind, the author will conclude with a discussion of the ethical, legal and religious issues surrounding PGD and its use in selecting for and against genetic diseases.

Preimplantation Genetic Diagnosis, mutation, congenital, defect, genetic, screening, achondroplasia, X-linked, dominant, recessive, fertility, embryo

Abstract:
The subject of homosexual parents' rights is becoming an increasingly common subject of litigation. Some commentators and judges believe that gay and lesbian people are not fit to raise children and that children are harmed by being raised in such households. As a result, many gay and lesbian parents, whether biologically related to their children or not, are deprived of what would otherwise be considered a fundamental right: the right to raise their children. Non-biological parents are particularly vulnerable to the court's bias because of the lesser standard applied to non-parents in custody disputes.

Gay marriage would extend the custodial rights of the biological parent to the non-biological parent. Specifically, it would guarantee that both parents would have standing in custody battles. Moreover, it would raise a strong presumption of parental rights over the rights of third parties such as grandparents. In disputes with third parties, either parent would have the benefit of being subject to the parental unfitness standard in jurisdictions where that test is used rather than the looser child's best interests test. However, judging by some courts' willingness to deny even biological homosexual parents' rights, same-sex marriage would not be sufficient to guarantee equal treatment under the law for gay and lesbian parents.

custody, law, children, gay, lesbian, biological parent, non-biological parent, marriage, divorce

Abstract:
Genetically modified plants ("GMPs") are the products of transgenic modification, a process by which a gene from one species (the "transgene") is isolated and inserted into the genome of another species (the "recipient") in order to cause the recipient to produce a protein from the donor species. Because the transgene is obtained from another species, it would never be found naturally in the recipient. Because GMPs are so new, the long-term effects of consuming foods containing foreign proteins, and of introducing those plants into the ecosystem, are still unknown.

Proponents of GMPs point to the many health-related and economic benefits of having plants express foreign proteins. Critics of GMPs worry that consumers may unknowingly consume substances to which they are allergic or physiologically intolerant because the source of the transgene is not always stated in the list of ingredients. Additionally, without proper regulation, insect- or herbicide-resistant GMPs may out-compete unmodified plants, thus causing environmental and ecological damage by decreasing biodiversity.

In response to the piecemeal nature of the current regulatory system for genetically modified organisms ("GMOs"), commentators have proposed various solutions, including a comprehensive regulatory scheme for GMOs, and professional oversight of agency decisions. However, a more effective option would be to create a new federal agency dedicated to GMO regulation. This agency should then require manufacturers to list all transgenic ingredients on product labels.

genetically modified organisms, GMO, plants, transgenic, regulation, agriculture, food allergies, ecosystem, FDA

Abstract:
In Mitchell's Bar & Restaurant, Inc. v. Allegheny County, two Pittsburgh restaurants sued Allegheny County in order to strike down its public smoking ban as being preempted by Pennsylvania's Commonwealth Clean Indoor Air Act (CCIAA). The court, via a strict textualist approach, held that the CCIAA preempts all local smoking legislation in Pennsylvania, thus barring the ordinance.

After giving background information on the health hazards associated with secondhand smoke, the author discusses the major methods of statutory interpretation and applies those methods to the CCIAA. The author argues that the Mitchell's court should have adopted either a holistic textualist or a functionalist approach rather than a strict textualist approach, thereby upholding the smoking ban in Pittsburgh while striking it down in the rest of Allegheny County.

law, smoking, cigarette, cancer, heart disease, preemption, air, statutory construction, textualist, functionalist