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Notes INTRODUCTION 1. Statement of Theodore Friedman, First Gene Therapy Policy Conference , National Institutes of Health, September 11, 1997. 1. AN ANNOUNCEMENT AT THE WHITE HOUSE 1. Much of the story told here is based on an article by Nicholas Wade, “Genetic Code of Human Life Is Cracked by Scientists,” New York Times, June 27, 2000. 2. Skeptical accounts are reported, respectively, in Ken Ringle, “Violent Nature: Behavioral Scientists Consider Why Some Kids Reach for a Gun,” Washington Post, April 24, 1999; “Virus ‘Footprint’ Found in Schizophrenics: Research Finds Retrovirus Linked to Schizophrenia, Suggesting Disease Is Not Solely Genetic,” Washington Post, April 10, 2001; Rick Weiss, “Research Casts Doubt on ‘Gay Gene’ Theory; Study Finds Nothing within X Chromosome That Predicts Male Homosexuality,” Washington Post, April 23, 1999; Arthur Allen, “Nature and Nurture: When It Comes to Twins, Sometimes It’s Hard to Tell the Two Apart,” Washington Post, January 11, 1998; Christine Russell, “The Weight Goes On: Genes’ Contribution to Obesity Proves to Be a Complex Puzzle,” Washington Post, February 24, 1998; Sally Squires, “Bed-wetting a Common Inconvenience: Though It May Worry Young Campers and Their Parents, Doctors Say Most Cases Resolve Themselves,” Washington Post, April 8, 1997. 3. See James K. Glassman, “Who’s Afraid of Human Cloning?” Washington Post, February 10, 1998. 4. “Elements Through the Ages,” http://www.encyclopedia.com/html/ section/element_theelementsthroughtheages.asp (Accessed November 16, 2002). 2. SCIENTIfiC FOUNDATIONS 1. See Kenneth J. Burke, “The ‘XYY Syndrome’: Genetics, Behavior, and the Law,” Denver Law Journal 46 (1969): 261. 2. See Michael Woods, “Junk DNA Gets New Attention,” Pittsburgh Post Gazette, March 18, 1994. 202 3. See George Huntington, Medical & Surgical Reporter 26 (1872). 4. See David Nakamura, “A Stacked Deck, but a Spirited Game of Living: Disease Doesn’t Stop 6-Year-Old—Family Hopes to Beat the Odds of Cystic Fibrosis,” Washington Post, April 23, 1998. 5. See David Brown, “Gene For an Inherited Form of Breast Cancer Is Located, Finding Called ‘Important’—but Not a Cure,” Washington Post, September 15, 1994. 6. This and the following description of the early history of the science of genetics is found in Eric S. Lander, “Scientific Commentary: The Scientific Foundational and Medical and Social Prospects of the Human Genome Project,” Journal of Law, Medicine & Ethics 26 (1998): 184. 7. See Evelyn Fox Keller, Century of the Gene (Cambridge, Mass.: Harvard University Press, 2000). 8. For a description of the process of discovery and the early history of the Human Genome Project, see Robert Cook-Deegan, “Origins of the Human Genome Project,” http://www.piercelaw.edu/risk/vol5/spring/cookdeeg.htm (Accessed November 16, 2002). 3. FOUR REVOLUTIONS 1. See National Commission on the Future of DNA Evidence, The Future of Forensic DNA Testing: Predictions of the Research and Development Working Group (Washington, D.C.: U.S. Dept. of Justice, 2000), pp. 13–20, 46–61. 2. See Robert Goodwin and Jimmy Gurule, Criminal and Scientific Evidence (Charlottesville, Va.: Michie, 1997), p. 287. 3. See National Commission on the Future of DNA Evidence, The Future of Forensic DNA Testing. 4. 545 N.Y.S.2d 985 (Sup. Ct. 1989). 5. U.S. Department of Justice, Federal Bureau of Investigation, A Report to the American People on the Work of the FBI 1993–1998, http://www.totse. com/en/politics/federal_bureau_of_investigation/162451/html (Accessed November 15, 2002). 6. See Ronald Bailey, “Unlocking the Cells,” Reason Magazine, January 1, 2000, p. 50. 7. See Armed Forces Institute of Pathology, “Repository History,” http://www. afip.org/Departments/oafme/dna/history.htm (Accessed November 16, 2002). 8. “A Nation Challenged: US Seeks Source for Some Bin Laden DNA,” New York Times, February 28, 2002. 9. Hugh McCann, “Military Uses DNA for High-Tech Dogtag,” Detroit News, March 13, 1995. Cited in Aaron P. Stevens, “Arresting Crime, Expanding the Scope of DNA Databases in America,” Texas Law Review 79 (2001): 921. Notes to pages 15–21 [34.230.66.177] Project MUSE (2024-03-19 10:19 GMT) 203 10. Public Law No. 103-322, 108 Stat. 2065 (codified at 42 USC §13701). 11. See Stevens, “Arresting Crime, Expanding the Scope of DNA Databases in America,” pp. 926–927. 12. Ibid., p. 946. 13. Ibid., p. 948. 14. In the Matter of the Appeal in Maricopa Cty. Juvenile Action Nos. JV512600 and JV-512797, 930 P. 2d 496 (Ct. App. Ariz. 1996). 15. “Anti-Terror Compromise,” Boston Globe, October 4, 2001. 16. Stevenson Swanson...