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The Constitutional Implications of Human Cloning

Abstract

Given the apparent inevitability of applying cloning technology to humans, this Article explores the most significant resulting legal implications. The Author discusses the legitimacy of commonly feared science fiction abuses, current laws that may prevent such abuses from occurring, as well as possible constitutional impediments to banning human closing, including the First Amendment, the Due Process Clause, and the Equal Protection Clause. The Author also explores the governmental interest(s) in regulating human cloning to assess whether such interests are sufficient to survive the applicable level of judicial scrutiny. She concludes that, contrary to popular public opinion, the current legal regime appears prepared to handle human cloning. Moreover, should Americans wish to ban the practice, they may not be able to do so consistent with the current Constitution.

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42 Ariz. L. Rev. 647 (2000)

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