Moratoria and Innovation in the Reproductive Sciences: Of Pretext, Permanence, Transparency, and Timelimits

Journal of Health & Biomedical Law, XIV (2018) 5-26

22 Pages Posted: 8 Aug 2018  

Russell Spivak

Harvard University, Law School, Students ; WilmerHale

I. Glenn Cohen

Harvard Law School

Eli Y Adashi

Brown University Medical School

Date Written: July 21, 2018

Abstract

As progress in the biosciences soldiers forth, new breakthroughs can often be swept up in a common narrative, that is, the narrative of science as a disruptive threat. Responding to perceived threats, policymakers the world over have frequently overreacted to these developments by enacting shortsighted legislation. These knee-jerk reactions often entail a ban or pause on the science to be explored, thereby foregoing a dialog or term-limited oversight. In this paper, we explore the history and transparency of such moratoria.

Keywords: health law; Congress; legislation; regulation

Suggested Citation

Spivak, Russell and Cohen, I. Glenn and Adashi, Eli Y, Moratoria and Innovation in the Reproductive Sciences: Of Pretext, Permanence, Transparency, and Timelimits (July 21, 2018). Journal of Health & Biomedical Law, XIV (2018) 5-26. Available at SSRN: https://ssrn.com/abstract=3217662

Russell Spivak (Contact Author)

Harvard University, Law School, Students ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
United States

WilmerHale

7 World Trade Center
250 Greenwich Street
New York, NY 10006
United States

I. Glenn Cohen

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States

Eli Y Adashi

Brown University Medical School ( email )

Providence, RI 02912
United States

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