Illegal beings: human clones and the law

Illegal beings: human clones and the law

Illegal beings: human clones and the law

Law of America > Law of the United States > Federal law. Common and collective state law Individual states > KF3831

Edition Details

  • Creator or Attribution (Responsibility): Kerry Lynn Macintosh
  • Biografical Information: Kerry Lynn Macintosh is a member of the law and technology faculty at Santa Clara University School of Law. She received her B.A. from Pomona College and her J.D. from Stanford Law School, where she was elected to the Order of the Coif. She has published papers and articles in the field of law and technology in journals such as Harvard Journal of Law & Technology, Boston University Journal of Science, and Berkeley Technology Law Journal.
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Cambridge ; New York : Cambridge University Press, 2005
  • Material: Document, Internet resource
  • Type: Book, Computer File, Internet Resource
  • Permalink: http://books.lawi.us/illegal-beings-human-clones-and-the-law/ (Stable identifier)

Additional Format

(OCoLC)59756241 (OCoLC)183926833

Short Description

XIII, 272 pages ; 24 cm

Purpose and Intended Audience

Useful for students learning an area of law, Illegal beings: human clones and the law is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

  • Providing references to further research sources: Search

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Bibliographic information

  • Responsable Person: Kerry Lynn Macintosh.
  • Publication Date: 2005
  • Country/State: England
  • Number of Editions: 9 editions
  • First edition Date: 2005
  • Last edition Date: 2005
  • Languages: US English
  • Library of Congress Code: KF3831
  • Dewey Code: 344.7304196
  • ISBN: 9780521853286 0521853281 0511511477 9780511511479
  • OCLC: 59756241

Publisher Description:

Many people think human reproductive cloning should be a crime. In America some states have already outlawed cloning and Congress is working to enact a national ban. Meanwhile, scientific research continues, both in America and abroad and soon reproductive cloning may become possible. If that happens, cloning cannot be stopped. Infertile couples and others will choose to have babies through cloning, even if they have to break the law. This book explains that the most common objections to cloning are false or exaggerated. The objections reflect and inspire unjustified stereotypes about human clones and anti-cloning laws reinforce these stereotypes and stigmatize human clones as subhuman and unworthy of existence. This injures not only human clones, but also the egalitarianism upon which our society is based. Applying the same reasoning used to invalidate racial segregation, this book argues that anti-cloning laws VIolate the equal protection guarantee and are unconstitutional.

Main Contents

Does human reproductive cloning offend God and nature?
Should children be begotten and not made?
Do human clones lack individuality?
Could human clones destroy humanity?
Does human reproductive cloning harm participants and produce children with birth defects?
What anticloning laws say and do
Five objections have inspired anticloning laws
Anticloning laws reflect a policy of existential segregation
Costs of anticloning laws outweigh their benefits
Anticloning laws classify human clones and are subject to strict scrutiny
Anticloning laws inflict judicially cognizable injuries that confer standing
Anticloning laws VIolate the equal protection guarantee.

Table of Contents

Table of Contents
Acknowledgments
Introduction
Five Common Objections to Human Reproductive Cloning Reflect, Reinforce, and
Inspire Stereotypes About Human Clones.
Does Human Reproductive Cloning Offend God and Nature?
God
Nature
Cloning and Frankenstein
Should Children Be Begotten, and Not Made?
Lessons from Assisted Reproductive Technologies
Stereotypes
Do Human Clones Lack Individuality?
Why Is the Identity Fallacy Wrong?
Can Hitler Be Reborn?
Individuality and Autonomy
Family Relationships
Identity Theft
Stereotypes
Could Human Clones Destroy Humanity?
Overpopulation
Genetic Diversity
Eugenics and Genetic Engineering
Does Human Reproductive Cloning Harm Participants and Produce Children with
Birth Defects?
The Efficiency of Cloning
Dolly and the 277 “Attempts"
Current Success Rates
Efficiency in the Future
The Role of Large Offspring Syndrome
The Role of Reprogramming
The Telomere Scare
Stereotypes
Inefficiency
Large Offspring Syndrome
Reprogramming
Telomeres
The Dangers of Excessive Caution
Summary of Part I
Anti-cloning Laws Are Bad Public Policy.
What Anti-cloning Laws Say and Do.
Federal Bills
Efforts to Ban All Cloning
Efforts to Ban Reproductive Cloning Only
The Commerce Clause
FDA
State Laws
Possible Legal Futures
The Five Objections Have Inspired Anti-cloning Laws.
Federal Law
Cloning Offends God and/or Nature
Cloning Treats Humans as Products
Human Clones Are Copies
Human Clones Could Destroy Humanity
Cloning is Unsafe
State Law
Anti-cloning Laws Reflect a Policy of Existential Segregation.
Anti-miscegenation Laws
Anti-cloning Laws in Historical Context
The Costs of Anti-cloning Laws Outweigh Their Benefits.
The Costs of a National Ban on Cloning
First Cost: Violation of Procreative Freedom
Second Cost: Violation of Scientific Freedom
Third Cost: Loss of Human Resources
Fourth Cost: Exclusion of Citizens at the National Border
Fifth Cost: Legal Stigma
Sixth Cost: Loss of Parents, Funds, and Assets
Seventh Cost: Loss of Genetic and Personal History
Eighth Cost: The High Cost of Living a Lie
Ninth Cost: Isolation
Tenth Cost: Undermining Egalitarianism
The Costs of State Anti-cloning Laws
The Benefits of Anti-cloning Laws
Keeping God and Nature Happy
Ensuring that Humans Are Not Treated as Products
Preventing the Birth of Copies
Saving Humanity
Safety
Protecting Participants from Harm
Preventing the Birth of Children with Physical Defects
Summary of Part II
Anti-cloning Laws Violate the Equal Protection Guarantee and Are
Unconstitutional.
Anti-cloning Laws Classify Human Clones and Are Subject to Strict Scrutiny.
Anti-cloning Laws Deliberately Treat Human Clones Differently from Humans Born
Through Sexual Reproduction.
Disparate Impact
Discriminatory Purpose
Strict Scrutiny Applies Because Human Clones Are a Suspect Class.
Disabilities, History and Powerlessness: The Need for Extraordinary Protection
of the Class
Discrete and Insular Minorities
Visible Characteristics
Immutable Characteristics
Fairness, Stereotypes, and the Ability to Contribute to Society
Stigma
Congressional Action and Political Realism
Summary
Anti-cloning Laws Inflict Judicially Cognizable Injuries that Confer Standing.
Basic Principles of Federal Standing
First Example: Exclusion at the Border
Second Example: Prosecution of Parents
The Need for a New Approach to Standing
Third Example: Targeting and Legal Stigma
Plaintiffs May Find it Easier to Establish Standing to Challenge Anti-cloning
Laws in State Courts.
Summary
Anti-Cloning Laws Violate the Equal Protection Guarantee.
The Government Cannot Prove that Cloning Offends God and/or Nature. Moreover,
Religious and Moral Objections Are Not Considered Compelling Interests.
The Government Cannot Prove that Cloning Treats Humans as Products. Moreover,
Anti-cloning Laws Are Not Narrowly Tailored to Protect Human Dignity.
The Government Cannot Prove that Human Clones Are Copies. Moreover, Anti-cloning
Laws Are Not Narrowly Tailored to Protect Individuality.
The Government Cannot Prove Human Clones Threaten the Survival of Humanity.
Moreover, Anti-cloning Laws Are Not Narrowly Tailored to Protect Humanity.
The Government Cannot Prove that Cloning is Unsafe, or that Human Clones Are
Physically Flawed. Moreover, Anti-cloning Laws Are Not Narrowly Tailored to Meet
Safety Concerns, Today and in the Future.
Risks to Participants
Preventing the Birth of Humans with Physical Defects
The Legacy of Buck v. Bell
Proving the Superiority of Nonexistence
Safety in the Future
Narrowly Tailored Means
Summary
Conclusion

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