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29 Am. J.L. & Med. 439 (2003)
Procreative Liberty in the Era of Genomics

handle is hein.journals/amlmed29 and id is 441 raw text is: American Journal of Law & Medicine, 29 (2003): 439-87
© 2003 American Society of Law, Medicine & Ethics
Boston University School of Law
Procreative Liberty in the Era of
Genomics
John A. Robertsont
I. INTRODUCTION: ETHICAL AND POLICY CHALLENGES OF THE
GENOME
Twentieth century biology began with the rediscovery of Gregor Mendel's work
on peas and ended with the sequencing of the human genome. In between came
Thomas Morgan's studies of fruit flies, the grand synthesis between genetics and
evolutionary biology in the 1930s, and Watson and Crick's publication in 1953 of
the double helix structure of deoxyribose nucleic acid (DNA), the substance in the
nucleus of cells, which carries the genetic code of all eukaryotic life.'
The genetics of the second half of the century focused on learning how DNA
coded for proteins, how to splice, clone, and recombine pieces of DNA, and how
genetic mutations caused disease. In the late 1980s, a project to identify the actual
sequence of all 3.2 billion base pairs of the human genome began.2 In June 1999,
President Clinton and Prime Minister Blair announced that a working draft of the
human genome was complete, with the final completed draft to 99.9% accuracy
expected in May 2003, fifty years after the publication of Watson and Crick's
landmark paper.3
This remarkable achievement now provides scientists with the tools for
understanding the molecular details of how living cells function and evolve, and thus
the means for diagnosing, treating, and preventing many diseases. It will also lead
to applications in reproduction, in personal and kinship identity, and possibly in
social control.  Increasing geneticization of medical, reproductive, and social
spheres of life will bring many benefits, but may also lead to public and private
t   Vinson & Elkins Chair, University of Texas School of Law. The author is grateful to
participants in the Yale Legal Theory Workshop, to Jane Cohen, Rebecca Dresser, and Richard
Markovits for helpful comments on earlier drafts, and to the National Human Genome Research
Institute for support (#R03 HG002509-02).
I   James Watson & Francis Crick, A Structure for Deoxyribose Nucleic Acid, 171 NATURE
737 (1953). For the best history of these events, see HORACE FREELAND JUDSON, THE EIGHTH DAY
OF CREATION (1996). See also KEVIN DAVIES, CRACKING THE GENOME: INSIDE THE RACE TO
UNLOCK HUMAN DNA (2001).
2   Nicholas Wade, Reading the Book of Life: The Overview; Genetic Code of Human Life Is
Cracked by Scientists, N.Y. TIMES, June 27, 2000, at Al.
3   Nicholas Wade, Scientists Complete Rough Draft of Human Genome, N.Y. TIMES, June 27,
2000, at AI.

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