Marchant co-authors article in Genetic Engineering & Biotechnology


Gary Marchant

An article, co-authored by Regents’ Professor Gary Marchant, Faculty Director of the Sandra Day O’Connor College of Law‘s Center for Law, Science & Innovation, was featured in Genetic Engineering & Biotechnology News. Marchant co-authored the article with Rachel Lindor, M.D., J.D., a resident at the Mayo Clinic in Rochester, MN.

The article titled, Will Liability Drive Personalized Medicine? explores the rapid growth of genetic data and technologies and how it might present additional liability risks to healthcare providers.

In the article, the authors assert that practitioners should exercise extra care in handling genetic information and carefully document each genetics test that is used as well as the reasoning for why other tests were not used.



Wednesday Web Watch for August 27, 2014

Eric Goldman provides an insightful overview/primer of the European Court of Justice’s finding a few months ago (much to Google’s chagrin) that, indeed, folks have a right to be forgotten – on the internet.  Goldman notes that “American law would not permit a similar result” for Constitutional reasons (i.e. freedom of speech & press) — though California has such a protective measure in place, which goes into effect in 2015, for minors who wish to delete online content they themselves have posted (third-party postings excluded).  The in-depth “overview” and analysis of the Google pummeling is available here.

Tuesday Triple Trivia Tease for August 26, 2014

3 Questions. 3 Hints. 3 Answers.  Every Tuesday.

1. What technology has some focused experts thinking a few steps ahead… and fearing the potential consequences?


Answer: electrical brain stimulation kits, freely available to consumers, may have a negative impact on areas of the brain when used improperly by laypeople.  The technology transfers electrical currents across the scalp to stimulate nerve cells in the brain.  While used by the military and within the medical community to treat certain ailments, some companies are promoting such devices to improve cognitive function for activities like gaming.  They further claim cognitive success rates as part of their advertising, which are not necessarily transferable to other areas.  When used by the inexperienced, risks may include seizures, mood changes, scalp burns and other undesirable effects with potential long-term repercussions.   When used in a controlled setting, transcranial direct current stimulation (tDCS), as it is officially called, is linked to improved cognitive performance and amelioration of symptoms for those suffering from cognitive impairments and psychological conditions.  Nonetheless, some researchers feel that regulation of tDCS devices is necessary for consumer protection.   These devices are most often marketed to select industries and avoid making medical “treatment” claims, thereby avoiding regulatory oversight.  Those in the field have also raised concerns that tDCS is not ready for the open market and that more research is required.  Read more here.

2.  What invention has Kodak and spice giant, McCormick shaking their corporate heads & wondering why they didn’t think of it?


Answer: Pangaea Services, developers of “The Defender” have given women (and men) a new multi-tasking self-defense tool: pepper spray, a camera and link to emergency services all in one.  The Defender is connected through Bluetooth to a smartphone app, and is equipped to debilitate an attacker, take a picture of him (or her) and forward the image to authorities, along with a victim’s location.  Read more about this one-stop-shop protective device, here.

3. Who might be headed to court because she provided requested advice and went along for the ride?


Answer: Apple’s Siri, when asked where to hide a body, logically answered “swamps, reservoirs, metal foundries and dumps.”  The accused murderer likely reflected on Siri’s advice but instead elected to bury his roommate’s body in a nearby forest.  The issue now is, whether Siri’s data is admissible in court.  Admissibility  may depend on the availability of the Verizon employee as a witness and/or additional Siri-related technicalities.  Read the details here.

Technology and Health Care Economics: an Opportunity for the Practicing Physician

An article, written by Professor Gary Marchant and Dr. Arnold Calica, was published in AZ  MEDICINE magazine this summer.  The article, entitled TECHNOLOGY AND HEALTH CARE ECONOMICS: AN OPPORTUNITY FOR THE PRACTICING PHYSICIAN is available here: AzMed_Sum2014_Calica-Marchant-1. The idea for this article is derived, in part, from a conference entitled, Technology and the Rising Cost of Health Care: A Paradigm Shift, sponsored by the University of Chicago and ASU’s Sandra Day O’Connor School of Law, and held at Arizona State University in March 2013.




Wednesday Web Watch for August 20, 2014

Jason Tetro places little faith in experimental drugs being shipped to West Africa to combat Ebola and believes “[t]he key to stopping the spread is infection prevention and control through proper isolation and a reduction in the levels of interaction amongst susceptible individuals.” Tetro likens the recent Ebola crisis to a sweeping influenza outbreak in Winnebago County, WI in the early 1900eds where isolation and restricted interactions appear to have finally killed the virus.  Tetro’s blog was recently published in Popular Science.  What do you think?  Is Tetro’s recommendation too simplistic and unworkable or is he spot on?