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7 Duke L. & Tech. Rev. 1 (2007)

handle is hein.journals/dltr7 and id is 1 raw text is: 






        REGULATING NANOTECHNOLOGY:
   A  PRIVATE-PUBLIC INSURANCE SOLUTION

                          MAKSiM RAKHLIN1



                             ABSTRACT
       Nanotechnology  promises to revolutionize innovation in nearly
    every industry. However, nanomaterials' novel properties pose
    potentially significant health and environmental risks. Views in the
    current debate over nanotechnology regulation range from halting
    all research and development to allowing virtually unregulated
    innovation.    One   viable  regulatory  solution  balancing
    commercialization and risk is the adoption ofa mandatory private-
    public insurance program.

                          INTRODUCTION
¶I Spurred by a strong financial commitment from the federal
government  and robust private investment, nanotechnology innovation is
developing  at  a rapid  pace.   As   investment in  nanotechnology
commercialization grows,  several studies point to potentially serious
environmental and health risks introduced by manufactured nanomaterials.
The substantial benefits and risks ofnanotechnology have resulted in wide-
ranging debate over appropriate regulation. One viable regulatory solution
balancing innovation and  commercialization benefits with health and
environmental concerns is the implementation of a private-public insurance
program.
¶2      This iBrief will discuss nanotechnology applications and risks,
review various nanotechnology regulations, and suggest a novel approach to
mitigating risk while maintaining appropriate incentives for innovation.
Specifically, Section I  will discuss nanotechnology   research and
development, focusing on the benefits of nanotechnology innovation and
the potential health and environmental risks posed by nanomaterials.
Section II will review the current debate surrounding nanotechnology
regulation, analyzing existing applicable regulatory bodies and regulations,
a newly suggested law, and other proposals. Section III will consider an


J.D. candidate at Duke University School of Law, 2009; M.B.A. candidate at
The Fuqua School of Business, 2009; B.S., Cornell University, 2004. The
author would like to thank Professor Jonathan Wiener of Duke Law, Professor
Mark Wiesner of The Pratt School of Engineering, and the staff members of the
Duke Law & Technology Review for their guidance.

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