Please review the following hypothetical and all of the questions. Ensure that you understand the questions and that you know the answers. You must submit a posting that answers only one of the questions. Your posting must comply with the following requirements:
- The posting must answer oneof the following questions.
- You must explain your answer using legal reasoning
- The answer must be based solely on the information that is provided in the hypothetical and the law.
- Your posting cannot exceed two paragraphs.
The United States Congress enacted a law that authorized the cloning of humans, the Human Cloning Act of 2015 (“HCA”). In the HCA, Congress created an independent Federal agency, the Board of Regenerative Science (“BORS”). The BORS has one location in Washington, DC.
The preamble to the HCA includes the following language: “While the Federal Government legalizes human cloning with the following Act, it does so with the understanding that the benefits of human cloning are to treat and cure illnesses and diseases.” In addition, the HCA includes provisions for: 1) permissible and prohibited cloning activities, 2) record keeping and reporting, 3) enforcement and investigations, and 4) adjudications. These provisions are detailed below:
PERMISSIBLE AND PROHIBITED CLONING ACTIVITIES
Section 200: Hospitals, educational institutions, and scientific development companies may engage in human cloning for the purposes of research and development of human drugs and for the treatment of human diseases and illnesses.
Section 201: It shall be unlawful for hospitals, educational institutions, and scientific development companies to accept compensation of any kind from an individual or on behalf of an individual for the reproduction of the individual.
Section 202: It shall be unlawful for any individual or entity (other than the hospitals, educational institutions, and scientific development companies referenced in section 200 of this Act) to engage in human cloning.
RECORDKEEPING AND REPORTING
Section 300: Any entities engaged in human cloning must keep records (in a content and in a format prescribed by the BORS) on each cloning for a period not to exceed three years.
Section 301: Any entities engaged in human cloning must report its cloning activity to the BORS (on forms prescribed by the BORS) on an annual basis.
ENFORCEMENT AND INVESTIGATIONS
Section 400: Any individual may file a complaint against an entity for violating this Act. The complaint must be signed by the complainant and notarized.
Section 401: Once a complaint is filed, the BORS must notify the respondent that a complaint has been filed against the respondent. The BORS must notify the respondent by sending a copy of the complaint and any additional materials to the respondent within 15 days after the complaint is filed.
Section 402: The BORS has the authority to investigate all complaints filed under Section 400.
Section 403: The BORS has the authority to issue subpoenas for the attendance and testimony of witnesses and for the production of documentary evidence relating to the execution of its duties under this Act.
Section 404: The BORS has the authority to inspect the property of all entities engaged in human cloning for the purpose of executing its duties under this Act.
Section 500: Before the BORS can impose a fine against an individual or entity for violating the law, it must adjudicate on the record after the opportunity for a BORS hearing.
Section 501: If the BORS adjudicates that an individual or entity has violated this Act, the BORS may impose a fine not to exceed $100,000, and the BORS may seize any instruments or equipment used in the cloning process.
The University of Virginia (“University”), a public institution, employs Kelvin as a biochemist. Kelvin mistakenly received an email from the Chair of the Biology Department noting that the University had cloned three individuals for compensation. In the email, the Chair of the Biology Department identified three researchers that witnessed the cloning. Kelvin noticed that the University’s president and general counsel received a courtesy copy of the email.
Kelvin talked to the three researchers identified in the email: Dr. Mason, Dr. Justin and Dr. Toner. The researchers confirmed that they saw the cloning. In addition, the researchers admitted that they falsified the records that the University must maintain under section 300 and they falsified the reports that the University filed with the BORS under section 301. The researchers said that they kept the original records in their personal lockers at the biology laboratory.
Kelvin saw evidence in a biology laboratory that would prove that the University had cloned the individuals. The evidence included six test tubes, two flasks, and ten slides.
Kelvin filed an administrative complaint with the BORS against the University for violating section 201 of the HCA. Kelvin alleged that the University was engaged in cloning individuals for compensation. Kelvin signed the complaint, and he notarized it. In the complaint, he noted that he saw the physical evidence that proved the University cloned the individuals. He identified the three researchers who saw the cloning and said that they falsified University’s records and reports. The BORS opens an investigation of Kelvin’s complaint.
- Must the University maintain records of its cloning activities?
- Must the University file reports on its cloning activities?