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74 S. Cal. L. Rev. 807 (2000-2001)
Mother Frankenstein, Doctor Nature, and the Environmental Law of Genetic Engineering

handle is hein.journals/scal74 and id is 817 raw text is: MOTHER FRANKENSTEIN, DOCTOR NATURE, AND THE ENVIRONMENTAL LAW OF GENETIC ENGINEERING JOHN CHARLES KUNICH* INTRODUCTION As the new millennium dawns, the realm of the possible is expanding with a second Big Bang. Unlike the primordial explosion that is postulated to have spawned the universe, the current tumult is of human creation. It is manifested both in a phenomenal array of new scientific and technological advancements and in the response to those advancements by some environmentalists. A prime example is the advent of genetically engineered plants, animals, and microorganisms.' Viewed by some as a lifeline for an increasingly populous, resource-hungry world, these modem innovations are seen by others as a potential environmental and public health catastrophe of unprecedented proportions. It is a matter of the highest importance to determine, as quickly and conclusively as possible, which of these two polar opposite opinions is closer to the truth, and to implement appropriate legal measures. This Article first traces the history of genetic engineering and the sometimes violent opposition to it. Parts IV and V critically examine the means by which genetically engineered life forms are currently regulated, * Associate Professor of Law. Roger Williams University School of Law. Bristol, Rho&- Island. B.S., M.S., University of Illinois at Chicago; J.D., Harvard Law School; LLM, George Washington University School of Law. The author thanks his wife, Marcia Vigil, and their daughter, Christina Laurel Kunich, for their boundless love and support. 1. The terms genetically engineered, genetically modified, recombinant DNA, gec:- spliced, bioengineered, and transgenic are essentially synonymous. For sake of convenience and consistency, this Article generally uses the terms genetically engineered or transgenic.