05 October 2023

Personal Genome Medicine: The Legal and Regulatory Transformation of US Medicine

Michael J. Malinowski

Drawing from the history of U.S. medicine, Professor Malinowski applies law, policy, public and private sector practices, and governing norms to analyze the commercialization of personal genome sequencing and testing sectors, as well as to assess their impact on the future of U.S. medicine.

“In the roughly 30 years that I have been researching and writing about these important topics, I have witnessed an explosion in the use of these emerging technologies far beyond anything I could have imagined when I began my career,” said Professor Malinowski, a Yale Law School alumnus who has been an LSU Law faculty member since 2002. “In 2017, when the U.S. Food and Drug Administration approved direct-to-consumer genetic health risk testing that does not meet evidentiary science clinical standards—with medical professional involvement wholly optional—it was a jolting deviation from the U.S. legacy of protecting and promoting the evidentiary-science base of medicine. ‘Personal Genome Medicine’ represents the culmination of my scholarship on this issue to date, and my hope is that it will elevate and advance the conversation in a meaningful way.”

CELH Seminars

CELH Seminar: 'The Suffragettes and Civil Liberties'

Tuesday, 10 October 2023 - 5.15pm

CELH Seminar: 'Substantive Bargain as the Basis of Consideration in Contract: the argument based in case evidence, doctrinal coherence, and principle, and a discussion of the limited role of nominal consideration'

Tuesday, 24 October 2023 - 5.15pm

CELH Seminar: 'The Judicial Finances of Gilbert Rothbury, a Clerical Royal Court Justice (1295-1321)'

Tuesday, 7 November 2023 - 5.15pm

CELH 2023 Annual Lecture: Professor Rebecca Probert

Tuesday, 21 November 2023 - 5.15pm

CELH Seminar: 'Proof by Witnesses in the English Common Law Courts in the Thirteenth Century'

Tuesday, 28 November 2023 - 5.15pm

HONG KONG BETWEEN “ONE COUNTRY” AND “TWO SYSTEMS”: ESSAYS FROM THE YEAR THAT TRANSFORMED THE HONG KONG SPECIAL ADMINISTRATIVE REGION (2019 – 2020)

Larry Cata Baker

Hong Kong Between “One Country” and “Two Systems” critically explores the battle of ideas that started with the June 2019 anti-extradition law protests and ended with the enactment of the National Security and National Anthem Laws a year later. At the center of these battles was the “One Country, Two Systems” principle. By June 2020, the meaning of that principle was highly contested, with Chinese authorities taking decisive steps to implement their own understanding of the principle and its normative foundations, and the international community taking countermeasures. All of this occurred well before the 2047 end of the 1985 Sino-British Joint Declaration (中英联合声明) that had been the blueprint for the return of Hong Kong to China. Between these events, global actors battled for control of the narrative and of the meaning of the governing principles that were meant to frame the scope and character of Hong Kong’s autonomy within China. The book critically examines the conflict of words between Hong Kong protesters, the Chinese central and local authorities, and important elements of the international community. This decisive discursive contest paralleled the fighting for control of the streets and that pitted protesters and the international community that supported them against the central authorities of China and Hong Kong local authorities. In the end the Chinese central authorities largely prevailed in the discursive realm as well as on the streets. Their victory was aided, in part by the COVID-19 pandemic of 2020. But their triumph also produced the seeds of a new and potentially stronger international constitutional discourse that may reduce the magnitude and scope of that success. These essays were written as the events unfolded. Together the essays analytically chronicle the discursive battles that were fought, won and lost, between June 2019 and June 2020. Without an underlying political or polemical agenda, the essays retain the freshness of the moment, reflecting the uncertainties of the time as events unfolded. What was won on the streets of Hong Kong from June to December 2019, the public and physical manifestation of a principled internationalist and liberal democratic narrative of self-determination, and of civil and political rights, was lost by June 2020 within a cage of authoritative legality legitimated through the resurgence of the normative authority of the state and the application of a strong and coherent expression of the principled narrative of its Marxist-Leninist constitutional order. Ironically enough, both political ideologies emerged stronger and more coherent from the conflict, each now better prepared for the next.

Unsettling Territories: Tradition and Revolution in Law and Society - Call for papers

2024 Law and Society Association Annual Meeting
- call for papers
The deadline for the Call for Submissions is October 24, 2023 at 5:00 p.m. ET (USA and Canada). The Program Committee welcomes any scholar studying sociolegal activities to submit an individual paper or session proposal. We recommend scholars interested in proposing a session with a creative format to consult with the Program Committee and the LSA Executive Office (melissak@umass.edu) in advance of submitting their proposal.

Property Meeting the Challenge of the Commons

Editors:

Ugo Mattei,
Alessandra Quarta,
Filippo Valguarnera,
Ryan J. Fisher

Copyright: 2023
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.