Journal of law and the biosciences
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The US has recently-and belatedly-come to recognize opioid addiction as a public health crisis. What has gone mostly unrecognized is the degree to which this crisis is intertwined with US intellectual property law and related elements of US innovation policy. Innovation institutions-the legal arrangements that structure incentives for production and allocation of knowledge goods-encouraged the development and commercialization of addictive painkillers, restricted access to opioid antidotes, and (perhaps most importantly) failed to facilitate investments in alternative, nonaddictive treatments for chronic pain. ⋯ The opioid crisis challenges the conventional understanding of IP law as a trade-off between allocative efficiency and dynamic efficiency; it highlights the potentially pernicious role of IP protection for addictive and habit-forming products; and it exposes deep flaws in the structure of federal subsidies for and regulation of prescription drugs. It also draws attention to the political and cultural factors that contribute to innovation policy failures. Ultimately, the opioid crisis underscores both the urgency and the limits of institutional change in the innovation policy domain.
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The world was shocked in Nov. 25, 2018 by the revelation that He Jiankui had used clustered regularly interspaced short palindromic repeats ('CRISPR') to edit embryos-two of which had, sometime in October, become living babies. This article is an effort to provide some deep context for the He Jiankui affair and to begin analyzing it. It focuses on He's experiment, without delving into the broader ethical issues around 'human germline genome editing' in the abstract. ⋯ The fourth, and longest, section provides a detailed narrative of the revelation of the He experiment and its fallout. The fifth section critiques the experiment, which I believe merits unequivocal condemnation on several grounds. The last section suggests some important immediate reactions, by 'Science' and by China.