The gap between law and ethics in human embryonic stem cell research: Overcoming the effect of U.s. Federal policy on research advances and public benefit

Science and Engineering Ethics 11 (4):589-616 (2005)
Key ethical issues arise in association with the conduct of stem cell research by research institutions in the United States. These ethical issues, summarized in detail, receive no adequate translation into federal laws or regulations, also described in this article. U.S. Federal policy takes a passive approach to these ethical issues, translating them simply into limitations on taxpayer funding, and foregoes scientific and ethical leadership while protecting intellectual property interests through a laissez faire approach to stem cell patents and licenses. Those patents and licenses, far from being scientifically and ethically neutral in effect, virtually prohibit commercially sponsored research that could otherwise be a realistic alternative to the federal funding gap. The lack of federal funding and related data-sharing principles, combined with the effect of U.S. patent policy, the lack of key agency guidance, and the proliferation of divergent state laws arising from the lack of Federal leadership, significantly impede ethical stem cell research in the United States, without coherently supporting any consensus ethical vision. Research institutions must themselves implement steps, described in the article, to integrate addressing ethical review with the many legal compliance issues U.S. federal and state laws create.
Keywords stem cells  patents  intellectual property  U.S. policy  ethics  laws
Categories (categorize this paper)
DOI 10.1007/s11948-005-0028-x
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,370
Through your library
References found in this work BETA
What's in the Dish?Glenn Mcgee & Arthur L. Caplan - 1999 - Hastings Center Report 29 (2):36-38.

View all 12 references / Add more references

Citations of this work BETA
Scientific Self-Regulation—so Good, How Can It Fail?Patrick L. Taylor - 2009 - Science and Engineering Ethics 15 (3):395-406.

Add more citations

Similar books and articles
Added to PP index

Total downloads
28 ( #188,047 of 2,193,765 )

Recent downloads (6 months)
1 ( #290,980 of 2,193,765 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature