RISK: Health, Safety & Environment (1990-2002)


The California Supreme Court, by excluding a potential remedy, has eliminated many concerns generated by a lower court decision resolving rights to the cell line derived from John Moore's spleen. Yet, the Supreme Court gave little attention to remedies that remain. The authors argue that a constructive trust, a remedy of considerable vintage and great flexibility, could be applied to achieve a just result in such circumstances without affecting the biotechnology world at large.

Repository Citation

Michelle J. Burke & Victoria M. Schmidt, Old Remedies in the Biotechnology Age: Moore v. Regents, 3 RISK 219 (1992).