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11.3 Bibliography Bainbridge, Stephen M. "Independent Directors and the ALI Corporate Governance Project." George Washington Law Review 61 (1993): 1034-83. Bartlett Foote, Susan. "Independent Agencies under Attack: A Skeptical View of the Importance of the Debate." Duke Law Journal 1988 (1988): 223-37. Blumstein, James F. "Regulatory Review by the Executive Office of the President: An Overview and Policy Analysis of Current Issues." Duke Law Journal 51 (2001): 851-99. Brudney, Victor. "The Independent Director: Heavenly City or Potemkin Village?" Harvard Law Review 95, no. 3 (1982): 597-659. Burt, Ronald S. Structural Holes. The Social Structure of Competition. Cambridge, MA: Harvard University Press, 1992. D<strong>all</strong>as, Lynne L. "The Multiple Roles of Corporate Boards of Directors." San Diego Law Review 40 (2003): 781-820. Easterbrook, Frank H. "Presidential Review." Case Western Reserve Law Review 40 (1990): 905-29. Eisenberg, Melvin A. "Corporate Governance: The Board of Directors and Internal Control." Cardozo Law Review 19 (1997): 237-64. Farrell, Kathleen A., and David A. Whidbee. "The Consequences of Forced CEO Succession for Outside Directors." Journal of Business 73, no. 4 (2000): 597-627. Freeman, Jody. "Collaborative Governance in the Administrative State." UCLA Law Review 45 (1997): 1-98. ———. "The Private Role in Public Governance." New York University Law Review 75 (2000): 543-675. House of Commons, Science and Technology Committee. "Inquiry into Human Reproductive Technologies and the Law: Eighth Special <strong>Report</strong> of Session 2004-05." London: The Stationary Office, 2005. Jasanoff, Sheila. The Fifth Branch: Science Advisers as Policymakers. Cambridge, MA: Harvard University Press, 1990. Karmel, Roberta S. "The Independent Corporate Board: A Means to What End?" George Washington Law Review 52 (1984): 534-56. Klayman, Elliot. "Standard Setting under the Consumer Product Safety Amendments of 1981 – a Shift in Regulatory Philosophy." George Washington Law Review 51 (1982): 96-112. Landis, James M. The Administrative Process. New Haven: Yale University Press, 1938. Lessig, Lawrence, and Cass Sunstein. "The President and the Administration." Columbia Law Review 94 (1994): 1-120. Loewenstein, Mark J. "The SEC and the Future of Corporate Governance." Alabama Law Review 45 (1994): 783-815. Mace, Myles L. Directors: Myth and Reality. Boston: Graduate School of Business Administration, Harvard University, 1971. Miller, James C. "A Reflection on the Independence of Independent Agencies." Duke Law Journal 1988 (1988): 297-99. Moreno, Jonathan D. Deciding Together. Bioethics and Moral Consensus. New York: Oxford University Press, 1995. 313
Morrison, Alan B. "How Independent Are Independent Regulatory Agencies?" Duke Law Journal 1988 (1988): 252-56. Peters, Aulana L. "Independent Agencies: Government's Scourge or Salvation?" Duke Law Journal 1988 (1988): 286-96. Posner, Richard A. Law, Pragmatism, and Democracy. Cambridge, MA: Harvard University Press, 2003. Robinson, Glen O. "Independent Agencies: Form and Substance in Executive Prerogative." Duke Law Journal 288 (1988): 238-51. Salamon, Lester M. Partners in Public Service: Government-Nonprofit Relations in the Modern Welfare State. Baltimore, MD: Johns Hopkins University Press, 1995. Solomon, Lewis D. "Restructuring the Corporate Board of Directors: Fond Hope: Faint Promise?" Michigan Law Review 76, no. 4 (1978): 581-610. Sunstein, Cass. "The Myth of the Unitary Executive." American University Administrative Law Journal 7 (1993): 299-308. Verkuil, Paul R. "The Purposes and Limits of Independent Agencies." Duke Law Journal 1988 (1988): 257-79. 314
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Beyond Bioethics: A Proposal for Mo
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(ARTs) as well as laboratory resear
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issues raised by new biotechnologie
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human and animals cells, tissues, a
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(CLIA) of 1988 and, more importantl
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the activities of both private and
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themselves whether or not to eat fo
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5.5 Creating a New Regulatory Insti
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egarding reproductive biomedicine t
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to represent constituencies that ar
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“Deliberative panels,” the term
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participants may be able to engage
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outer limits of the right to privac
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About the Authors Francis Fukuyama
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1.1 THE CHALLENGE OF NEW BIOTECHNOL
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7.1 TRADITIONAL REPRODUCTIVE TECHNO
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Shortness as a Psychological and So
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1 Introduction This report presents
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them only on the basis of safety an
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esearch, and clinical and medical p
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Congress’ powers over scientific
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of newborns; destruction of an embr
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1.6 Bibliography Evans, John H. Pla
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endogenous growth hormone secretion
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slippery slope toward blanket uses
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proposed by Eli Lilly - a rather su
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Committee tended, predictably, to r
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coincidentally, she was also one of
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2.5 Bibliography American Academy o
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• Limits on the commercialization
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the sick and relieving the pain and
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give for opposing this practice var
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We recognize that for some people,
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3.6 Bibliography Baruch, Susannah,
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taxonomies are likely to exist. For
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that an investigator may not be abl
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ecome part of this complex transact
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These concerns are not unfounded, a
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cryopreservation a good example of
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A 2003 news story published in Popu
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episode. Reputational incentives ar
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Would you approve or disapprove if
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strong preference for a mixed famil
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controversial not because it provid
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esearch. On the other end are situa
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nucleus of a somatic cell, such as
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And we have to have some degree - a
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father. The experiment could also l
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The availability of oocytes in larg
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and the tail of serpent. In biology
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our view, that the scientific commu
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Bonnicksen, Andrea. "Innovative ART
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Kubawara, Y., T. Okai, S. Kozuma, N
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Shamblott, Michael J., Joyce Axelma
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116
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iotech companies or university clin
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As an infrastructure of quality ass
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toward implementing a comprehensive
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clinical research, 22 while the FDA
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principles of good governance as fe
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sustainable way. Examples include c
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cloning to register with the Depart
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kind of cloning or they limit the b
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The federal government has been rel
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includes ethicists, scientists, men
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Society for Assisted Reproductive T
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Reproductive Endocrinology Subspeci
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safety guidelines aimed at ranking
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elatively mundane. 67 For example,
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Fallon, Peter, and Zafiris Tzannato
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148
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6.1 Italy - from the “Wild West
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also prohibited. 13 The law activel
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selection technologies, but only fo
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eproductive technologies in section
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Neither the RIHEA nor its explanato
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inspect all licensees, or how often
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(principle (e)). 43 Canada affords
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traditional views of reproduction,
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y the Canadian authorities and the
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esearch on human embryos. It requir
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This argument is not likely to conv
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• Maintain a formal register of i
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The remaining three positions reser
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type of research. The HFEA is requi
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The relevance of the Code of Practi
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180
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182
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of saving the life of an older sibl
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procreative right, unlikely as it i
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assisted suicide, the Court has est
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or that there are an infinite numbe
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What is obvious is that the Court s
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generalizing from a strong but gene
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are not any societal traditions tha
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the First Amendment’s protection
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least preferable among all forms of
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Surrogacy 16 Donor egg 14 Donor spe
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To recap, the survey data shows a s
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Robertson, John A. Children of Choi
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media and from polling organization
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Before diving into the data, the me
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(126), and allowing parents to have
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esearch cloning. Two questions (150
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asked five times whether the public
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the creation of embryos solely for
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Our conclusions could be criticized
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about embryonic stem cells? The ans
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were essentially split (44 percent
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coincidence that U.S. scientists id
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assertion of jurisdiction in this c
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of the opposition to genetically mo
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More generally, it is shortsighted
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Process.” 19 According to their i
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another branch of medicine. ART pra
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242
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Navasky, Victor S., and Christopher
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to extract benefits for their membe
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entails. 3 CAMR, a very large and h
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of scientists in these debates woul
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elatively modest. Canada and Austra
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ighteous manner, justifying their c
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eaching out to the public, the agen
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ultimately benefits more the patien
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In many cases, these efforts are pe
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Page 297 and 298: agency’s ability to implement Con
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Page 353 and 354: By all accounts, the British regula
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Page 357 and 358: [cited September 20, 2005]. Availab
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