Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.     

Reviews

Rita Felski, The Gender of Modernity (Harvard University Press) Cambridge, MA, 1995.

Katie Holmes, Spaces in Her Day: Australian Women's Diaries 1920s‐1930s (Allen & Unwin) St Leonards, NSW, 1995.

Ros Pesman, Duty Free: Australian Women Abroad (Oxford University Press) Melbourne, 1996.

Frances Porter and Charlotte Macdonald (eds), ’My Hand Will Write What My Heart Dictates’ (Auckland University Press with Bridget Williams Books) Auckland, 1996.

Lucy Bland, Banishing the Beast: English Feminism & Sexual Morality 1885–1914 (Penguin) Harmondsworth, 1995.

Margaret Thornton, Dissonance and Distrust: Women in the Legal Profession (Oxford University Press) Melbourne, 1996.

Diane Bell and Renate Klein (eds), Radically Speaking: Feminism Reclaimed (Spinifex Press) North Melbourne, 1996.

Rye Senjen and Jane Guthrey, The Internet for Women (Spinifex Press) North Melbourne, 1996.     

The media,civil society and democracy in South Africa: State of the Nation Address 2015

This article reports on an investigation into the events surrounding the State of the Nation Address in 2015 (SONA2015), during which opposition party members interrupted proceedings to raise questions about the controversial R208-million security upgrade to South African President Jacob Zuma's personal homestead, Nkandla, in KwaZulu-Natal, using public funds. The event raised issues about the constitutionality of the use of police in the National Assembly; the use of cell phone blocking devices; and the fact that television broadcasters were not allowed to broadcast the events as they happened. The investigation drew on a quantitative content analysis of print media coverage of SONA2015, as well as qualitative interviews with members of the Right2Know (R2 K) campaign in Cape Town and Durban. It explored their activities to “take back Parliament” and calling for a “people's Parliament”. At the core of the investigation was the role of civil society in the media-politics nexus with regard to strengthening democracy and democratic participation in South Africa, through an exploration of the case study.     

Creating capacities for peacebuilding citizenship: history and social studies curricula in Bangladesh,Canada, Colombia,and México

Public education is one influence on how young people learn to navigate social conflicts and to contribute to building democratic peace, including their sense of hope or powerlessness. Social studies curricula, in particular, introduce core concerns, geographies, governance and civil society, and participation skills and norms. History education narratives frame identity, (dis)trust or peaceful coexistence, and provide exemplars of how social conflicts and injustice have been handled in the past. To shed light on these peacebuilding and peace-blocking choices, this paper examines government-sanctioned social studies and history curricula in contrasting contexts of violent conflict and peace: Bangladesh, Colombia, México, and (Ontario) Canada. Our comparative analysis shows how these official curricula (de)normalize violence and militarism, present national identities as hegemonic/exclusive or plural/inclusive, and create opportunities for teaching/learning peacebuilding citizenship competencies such as conflict dialog, human rights awareness, and engagement in collective processes of civil society and governance.     

Types of Economic Voting in Regional Elections: The 2012 Catalan Election as a Motivating Case

The standard assumption that economic voting (EV) is “jurisdiction-specific” inevitably leads to a breakdown between “national EV” and “regional EV”. This paper challenges this overly simplistic distinction by proposing a more complex typology, whereby national and regional incumbents may be assessed in both national and regional elections, according to either national or regional economic conditions. Accordingly, new and more sophisticated types of EV emerge, such as “second-order EV” or “coattail EV”. In this paper, some of these new types of EV are verified with a suitable case study. The 2012 Catalan election was carried out in the context of severe recession, but also under the impression – among many Catalans – that the economic policies of the Spanish government were harshly punishing Catalan economic interests. Binomial logistic regression models confirm that, under political circumstances such as these, voters may use regional elections to assess the national incumbents' economic performance, whereas regional incumbents may end up exonerated from poor economic performance. This case study may be illustrative for other regional elections around the world.     

Exploring Social Capital: as Concept and Practice in Australian Public Health Policies and Programs

Over the past twenty years interest has grown in the concept of social capital in international and Australian public policy. We explore how social capital is understood as a concept and used in practice for guiding policy development and program delivery in South Australian public health programs. The empirical research compared policy makers’ and practitioners’ understandings of social capital and how theories about social capital and health inequality were translated into practice in three case study projects. It found that there are shifting discourses between social capital and related concepts, including community capacity building, and social inclusion/exclusion. Policy makers reported less use of the concept of social capital in favour of social inclusion/exclusion reflecting changing political and policy environments where terms come into favour and then go out of fashion. In this transition period the two terms are often used interchangeably although there are some conceptual points of difference.