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Dive into the research topics where Edward J. Janger is active.

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Featured researches published by Edward J. Janger.


Journal of Law Medicine & Ethics | 2005

Genetic Information, Privacy and Insolvency

Edward J. Janger

Edward J. Janger B iobanks hold out the prospect of significant public and private benefit, as genetic information contained in tissue samples is mined for information. However, the storing of human tissue samples and genetic information for research and/or therapeutic purposes raises a number of serious privacy and autonomy concerns.’ These concerns are compounded when one considers the possibility that a biobank or its owner might go bankrupt.2 Insolvency impairs the ability of enforcement regimes, and liability-based regimes in particular, to enforce legal norms.3 The goal of this essay is to develop guideposts for thinking about private and public enforcement of privacy imposed by donors on tissue samples and/or genetic information when a biobank becomes insolvent. As with any form of nonpublic, personally identifiable information, the use of human tissues for purposes other than those for which they were donated (“secondary use”) raises important substantive policy issues. When I consent to medical treatment, do I consent to have my blood used in a research study? Is this consent limited to the doctors at the hospital where I am treated? What about private pharmaceutical companies, attempting to develop drug treatments? If I do consent to such secondary use, do I waive any rights to share in the financial benefits earned by any therapy developed using my tissue? If my consent was procured hastily on the eve of emergency surgery, and as a precondition to that surgery, should any such consent be viewed as binding?* These concerns can be respectively categorized as (1) scope of consent (what did I agree to?), (2 ) permissible secondary use (what uses of my tissue are permissible even though I did not expressly consent to them?), and adhesion (was my consent meaningful and voluntary?). Unavoidably, these substantive concerns will inform this article, but they are not its focus: The focus of this essay is on remedies, and specifically how best to enforce limitations on secondary use when a biobank becomes insolvent. The key, I argue, is to tie the use restrictions directly to the information (or sample) itseZJ rather than focusing, as most regulation does, on the act of transferring information. This article proceeds in three steps. Part I describes a typology of remedies for privacy violations that depends on whether rights are enforced through a property based regime, a liability based regime or a regime of public enforcement. Part I1 explains how the choice of enforcement regime affects the level of protection accorded a privacy entitlement when a biobank becomes


Michigan Law Review | 2006

Notification of Data Security Breaches

Paul M. Schwartz; Edward J. Janger


Minnesota Law Review | 2002

The Gramm-Leach-Bliley Act, Information Privacy, and the Limits of Default Rules

Edward J. Janger; Paul M. Schwartz


Texas Law Review | 2005

The Myth of the Rational Borrower: Behaviorism, Rationality and the Misguided Reform of Bankruptcy Law

Susan Block-Lieb; Edward J. Janger


Cardozo law review | 2004

The Death of Secured Lending

Edward J. Janger


Yale Law Journal | 2013

Ice Cube Bonds: Allocating the Price of Process in Chapter 11 Bankruptcy

Melissa B. Jacoby; Edward J. Janger


Iowa Law Review | 1999

Predicting When the Uniform Law Process will Fail: Article 9, Capture and the Race to the Bottom

Edward J. Janger


Fordham Journal of Corporate & Financial Law | 2002

Muddy Rules for Securitization Transactions

Edward J. Janger


Brooklyn journal of international law | 2000

The Public Choice of Choice of Law in Software Transactions: Jurisdictional Competition and the Dim Prospects for Uniformity

Edward J. Janger


Temple Law Review | 2010

Demand-Side Gatekeepers in the Market for Home Loans

Susan Block-Lieb; Edward J. Janger

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Melissa B. Jacoby

University of North Carolina at Chapel Hill

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Adam J. Levitin

Georgetown University Law Center

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