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ISSCR Guidelines for the Transfer of Human Pluripotent Stem Cells
Get PDFThe newly revised 2021 ISSCR Guidelines for Stem Cell Research and Clinical Translation includes scientific and ethical guidance for the transfer of human pluripotent stem cells and their direct derivatives into animal models. In this white paper, the ISSCR subcommittee that drafted these guidelines for research involving the use of nonhuman embryos and postnatal animals explains and summarizes their recommendations.
The newly revised ISSCR Guidelines for Stem Cell Research and Clinical Translation includes scientific and ethical guidance for the transfer of human pluripotent stem cells and their direct derivatives into animal models (ISSCR, 2021). We are the members of the International Society for Stem Cell Research (ISSCR) Task Force subcommittee that drafted these guidelines for stem cell research involving the use of nonhuman embryos and animals, and we summarize and explain our recommendations in this white paper. This report should be read in conjunction with Section 2 of the guidelines, entitled ‘‘Laboratory-Based Human Embryonic Stem Cell Research, Embryo Research, and Related Research Activities,’’ and Appendix 1
Clinical Fellowships, Faculty Hiring, and Community Values
Get PDFThis Essay explores clinical hiring practices as an expression of community values. In particular, it discusses how lawyers become clinical faculty to reflect on whether and how prior clinical teaching experience should be assessed for entry-level clinical applicants in order to effectuate equity and inclusion within law schools and the clinical community. Publicly available data suggest that a majority of recent entry-level clinical faculty have prior clinical teaching experience as fellows or staff attorneys. What does this apparent hiring preference for prior teaching experience mean for the composition of the clinical community, especially with respect to equity and inclusion? As many fellowship programs include clinical pedagogical training, should clinical faculty be concerned about prioritizing applicants with prior clinical experience-or view such experience as a valuable factor in an applicant\u27s dossier? If clinical fellows are prioritized in hiring, what does that mean for the clinical community and its values? The Essay concludes with suggestions for specific, concrete steps that law schools and the clinical community can take to promote equity and inclusion in fellowship programs and entry-level hiring
Defusing the [N]uclear [W]eapon of [C]orporate [G]overnance : Chancery Court Enjoins Extreme, Unprecedented Poison Pill Adopted to Defend against Hypothetical Stockholder Activism
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Chancery Court Applies Well-Worn Fiduciary Principles to Address Novel Issues Presented by SPAC Disclosure Litigation
Get PDFThe Research Patent
Get PDFThe patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the chemical lacks a practical, non-research-based use at the time patent protection is sought. The fear is that an early-stage patent on a research input would confer too much control over yet-unknown uses for the chemical, thereby potentially hindering downstream innovation. Yet, denying patents on research inputs can frustrate patent law’s broad goal of protecting and promoting scientific and technological advances.
This Article addresses this problem by proposing a new form of intellectual property—a “research patent.” This regime would allow inventors to obtain patents on research inputs and extract their full value through licensing and enforcement. Research patents would impose minimal administrative costs on the patent system and ultimately promote the disclosure, development, and use of early-stage inventions. At a broader level, the proposed regime raises the theoretical question of how allowing patent protection on early-stage inventions like research inputs serves patent law’s instrumental justification of promoting scientific progress. It also raises significant normative and policy questions about technology-specific patentability standards and their role in furthering the goals of the patent system
Chevron Is a Phoenix
Get PDFJudicial deference to agency interpretations of their own statutes is a foundational principle of the administrative state. It recognizes that Congress has the need and desire to delegate the details of regulatory policy to agencies rather than specify those details or default to judicial determinations. It also recognizes that interpretation under regulatory statutes is intertwined with implementation of those statutes. Prior to the famous decision in Chevron, the Supreme Court had long regarded judicial deference as a foundational principle of administrative law. It grew up with the administrative state alongside other foundational administrative law principles. In Chevron, the Court gave judicial deference a particular articulation and set of express justifications that made the principle seem new and bold—and ultimately set it on a path to become convoluted and vulnerable. But judicial deference is no less a foundational principle because Chevron took on a life of its own. And foundational principles—particularly those that help to maintain balance among the branches—do not simply go away. They change and reappear in the law. The Court can try to kill Chevron, but judicial deference will find its way back to administrative law
Preventive Justice: How Algorithms Parole Boards, and Limiting Retributivism Could End Mass Incarceration
Get PDFA number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would be put in jail prior to trial and in prison after conviction, the duration of sentences would be reduced for low-risk offenders, and treatment resources would be more efficiently allocated. As a result, the capital outlays for prisons and jails would be substantially reduced. The public would continue to be protected from the most dangerous individuals, while lower-risk individuals would be less subject to the criminogenic effects of incarceration and better positioned to build and maintain a life outside of jail or prison that does not involve criminal activity.
Risk assessment instruments cannot fully realize these benefits, however, unless the currently popular determinate sentencing structure that exists in most states is dramatically altered. Today, determinate sentencing states give almost all sentencing power to prosecutors, who in essence fix the sentence range through charging practices, and judges, who decide where within the range the sentence will fall and occasionally select a sentence outside that range. The result is that even an offender who poses a low risk of reoffending will often receive a lengthy sentence of imprisonment
The People\u27s Ledger: How to Democratize Money and Finance the Economy
Get PDFThe COVID-19 crisis underscored the urgency of digitizing sovereign money and ensuring universal access to banking services. It pushed two related ideas—the issuance of central bank digital currency and the provision of retail deposit accounts by central banks-—to the forefront of the public policy debate. To date, however, the debate has not produced a coherent vision of how democratizing access to central bank money would—and should—transform and democratize the entire financial system. This lack of a systemic perspective obscures the enormity of the challenge and dilutes our ability to tackle it.
This Article takes up that challenge. It offers a blueprint for a comprehensive restructuring of the central bank balance sheet as the basis for redesigning the core architecture of modern finance. Focusing on the U.S. Federal Reserve System (“the Fed”), the Article outlines a series of structural reforms that would radically redefine the role of a central bank as the ultimate public platform for generating, modulating, and allocating financial resources in a democratic economy-—the People’s Ledger.
On the liability side of the ledger, the Article envisions the complete migration of demand deposit accounts to the Fed’s balance sheet and explores the full range of new, more direct and more flexible, monetary policy tools enabled by this shift. On the asset side, it advocates a comprehensive qualitative restructuring of the Fed’s investment portfolio, which would maximize its capacity to channel credit to productive uses in the nation’s economy. This compositional overhaul of the Fed’s balance sheet would fundamentally alter the operations and systemic footprints of private banks, funds, derivatives dealers, and other financial institutions and markets. Analyzing these structural implications, the Article shows how the proposed reforms would make the financial system less complex, more stable, and more efficient in serving the long-term needs of the American people