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27 Hofstra L. Rev. 569 (1998-1999)
Cloning: A Business without Regulation

handle is hein.journals/hoflr27 and id is 579 raw text is: CLONING: A BUSINESS WITHOUT REGULATION
Emily Marden* and Dorothy Nelkin**
I. IThRODUCTION
Only two years after Dolly, the lamb cloned by Scottish embry-
ologist Ian Wilmut, the first human embryo was cloned from a cell of an
infertile woman.' The South Korean scientists who accomplished this
feat stopped short of implanting the embryo in a woman.2 However, dis-
cussion surrounding the event made clear that eager commercial inter-
ests are driving research in this area. 'It is a business, not a science,'
said Dr. Richard Rawlins, the Director of an in vitro fertilization labora-
tory? Practitioners of assisted reproductive technology are confident
that reproductive technology is not so much an art as a thriving busi-
ness, whose future lies in cloning.4
Commercial interests are driving the race toward human cloning.5
Cloning research, from the experiments that created Dolly to the crea-
tion of cloned mice, cows, and now a human embryo,6 is taking place
mainly in the private sector where it is virtually unregulated. In the
* Emily Marden is an associate in the New York office of Sidley & Austin, practicing in
the areas of Food and Drug Law and Environmental Law.
** Dorothy Nelldn holds a University Chair at New York University, teaching in the De-
partment of Sociology and the School of Law.
1. See Michael Schuman et al., Korean Experiment Fuels Cloning Debate: More Work Is
Needed to Prove a Live Birth Is Possible, WALL ST. J., Dec. 21, 1998, at B7; see also A Human
Embryo Is Cloned: Scientists in South Korea Said They Stopped Because of Legal and Ethical
Concerns, ORLANDO SENTINEL, Dec. 17, 1998, at A3.
2. See Schuman et al., supra note 1, at B7.
3. Gina Kolata, Speed of Cloning Advances Surprises U.S. Ethics Panel, N.Y. TIMES, Dec.
17, 1998, at A12.
4. See Tim Beardsley, Cloning Hits the Big Time, SCIENTIFIC AMERICAN, available at
<http:lwww.sciam.comlexplorations/O90297clonelbeardsley.html>.
5. See id.
6. See Alison Fitzgerald, Down on the Pharm: Cow-Cloning Tale May Result in Human
Drugs, Cm. TRIB., Jan. 20, 1998, at 2; South Koreans Claim They Cloned Cell of Human, CFH.
TR., Dec. 17, 1998, at 4; Rick Weiss, Mouse May Have Been Cloned: Success Would Be First
with Mammal Since Dolly the Sheep, WASH. POST, June 27, 1998, at A12.