Genetic Property Rhetoric and the Public Domain

Authors

David Fagundes, Emory University School of LawFollow

Document Type

Symposia Article

Abstract

Among the many themes that illuminate Jorge Contreras’s The Genome Defense, this Essay focuses on property. It considers the rhetorical role played by property in convincing both courts and the public that patenting genetic data was legally and ethically objectionable. This Essay begins by locating property—and public property—as a major theme in the dialogue surrounding the Myriad litigation. It then situates this rhetorical move in the context of property-talk generally, highlighting the distinctiveness of leveraging public rather than private ownership as a means of accessing moral intuitions. Finally, this Essay reflects on what the use of public property rhetoric in Myriad can tell us about how we talk and think about ownership, both public and private, and how that rhetoric can contribute to a more nuanced understanding of the institution of property.

DOI

10.37419/JPL.11.I1.1

First Page

1

Last Page

16

Recommended Citation

David Fagundes, Genetic Property Rhetoric and the Public Domain, 11 Tex. A&M J. Prop. L. 1 (2025).
Available at: https://doi.org/10.37419/JPL.11.I1.1