Authors

Barbara Pfeffer Billauer, JD, MA, PhD is a Professor of Law and Bioethics in the International Program in Bioethics of the University of Porto and a Research Professor of Scientific Statecraft at the Institute of World Politics in Washington D.C.

The Impetus for a Neutered Chevron

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by Barbara Pfeffer Billauer

Legal pundits are predicting the imminent demise (or at least substantial enfeeblement) of the Chevron doctrine. Until recently, that case afforded substantial judicial deference to decisions made by administrative agencies if a statutory provision under its purview was ambiguous. Now two cases are before the Supreme Court challenging an agency interpretation regarding funding of statutorily required monitors on fishing boats. This development signals a “sea-change” is in sight for agency autonomy, as deference to agency decisions is being threatened.

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Judicial Court Files And Judge Gavel.

When the Law of Scientific Evidence Collides with Medical Practice

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By Barbara Pfeffer Billauer

Approaches to resolving scientific evidentiary issues continue to diverge throughout the country.[1] A prominent recent example includes the rejection of the medical diagnosis of Shaken Baby Syndrome (SBS) to reflect disparate views in the scientific, medical, and legal communities.

Under guise of making a scientific evidentiary ruling, a New Jersey court has just dismembered the medical diagnosis of SBS, with the judge disavowing the condition’s validity. The decision concerned two babies, both under one year old, who suffered devastating neurological injuries while under the care of their fathers.

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Fertilized human egg cells dividing.

What the Law and Bioethics Tell Us About Synthetic Human Embryos

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By Barbara Pfeffer Billauer

A synthetic embryo can now be constructed from very early pre-embryonic cells – without the need for an egg or sperm. These were initially created in mice. In April, researchers in China published about their creation of synthetic monkey embryos. In June, it was reported that the first synthetic human models were apparently created. This development throws a moral monkey-wrench into the current moratoria on embryonic research after 14 days. But there are more problems ahead.

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Biological hazard sticker on the doors to cell culture laboratory. Biohazard is a biological substance that poses a threat to the health of living organisms, primarily humans.

Biosafety Labs, Public Safety, and Politics

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By Barbara Pfeffer Billauer

On May 25, 2023, merely six weeks before the Wuhan Biosafety lab lost its NIH funding amid the controversy of possible lab leaks and connection with COVID-19, the United States proudly opened the doors of the National Bio and Agro-Defense Facility (NBAF), the 14th biosafety level 4 lab in the U.S., and the first here that is capable of handling large animals.

The purpose: to research highly contagious diseases affecting animals and humans, such as foot and mouth disease. The NBAF will also feature a Biologics Development Module (BDM) to develop pilot vaccines and other countermeasures, and accelerate technology transfer to industry.

The location of this lab? Manhattan. Don’t be alarmed; it’s only Manhattan, Kansas, albeit adjacent to Kansas State University.

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Passengers on a plane wearing masks.

The Future of Public Health Law Lies in the Past — And Lawyers Need to Learn It

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By Barbara Pfeffer Billauer

Currently on appeal before the 11th Circuit is the question of whether a federal Administrative Agency (here, the U.S. Centers for Disease Control and Prevention) has the power to mandate masking on public transportation.

The case stems from the decision of a Florida judge, Kathryn Mizelle, in Health Freedom Def. Fund v. Biden, who ruled the agency overstepped its powers as enumerated under the Administrative Procedure Act (APA).

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ACCRA, GHANA: April 23, 2020 - The testing of samples for the coronavirus in a veterinary lab in Accra, Ghana.

Does It Really Matter How the COVID-19 Pandemic Started?

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By Barbara Pfeffer Billauer

Throughout the COVID-19 pandemic, much air time and social media space has been allocated to the lab leak vs. natural spillover dispute regarding the origins of SARS-CoV-2.

To summarize briefly, the question is whether the pandemic was caused by a leak from a biosafety level (BSL) four lab in Wuhan, China, or whether it arose naturally as a consequence of a virus jumping from a bat to an animal and then to humans.

Given that the “truth” will likely never be known, and certainly not provable, the question becomes: is it important to seriously consider the lab leak theory?

The answer, I suggest, is an unabashed yes — but not for the reason you might think. The question is important prospectively, not retrospectively. Debating the origins of the COVID-19 pandemic is a fool’s errand. Considering laboratory accidents writ large, however, is important, as they remain a potent threat to international biosecurity.

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