International Animal Research Regulations Impact on Neuroscience Research: Workshop Summary (2012) / Chapter Skim
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3 Emerging Legal Trends Impacting Animal Research
3 Emerging Legal Trends Impacting Animal Research
Pages 21-28
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From page 21... ...
Panelists discussed the impact of current legal trends on the use of animals in research, specifically, emerging animal rights laws and the use of Freedom of Information requests at the national level and open-record laws or sunshine laws at the state level to gain access to information. RIGHTS, REGULATORY SYSTEMS, AND REGULATION Margaret Foster Riley, professor at the University of Virginia School of Law, suggested that a consideration of animal research regulations might extend beyond "regulation" to a consideration of the interactions among different forms of regulations, different systems that create and enforce regulations, and different uses of "rights." Rights involve many different social interactions.
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Some of the most creative current litigation on animal research regulations, Foster Riley said, involves new uses of the False Claims Act, with lawsuits based on an improper use of public money. Under the National Institutes of Health (NIH)
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This number has been fairly steady over the past 10 years. Snyder noted, with animals being used in about 70 percent of the projects awarded funding through the National Institute of Neurological Disorders and Stroke.
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Of particular interest to animal rights advocates is information regarding research using non-human primates and information about institutions found in non-compliance. This second category can include institutions failing to report deficiencies or reports of actions by researchers in violation of either the Animal Welfare Act or PHS policy.
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STATE SUNSHINE LAWS Richard Cupp, professor of law at Pepperdine University School of Law, explained that U.S. political power is shared between the federal government and the states.
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disclosure of animal research records and subsequent attacks on the researchers identified in such records after they are disseminated to the public." In another court ruling that was upheld on appeal, the judge found that releasing some of the documents sought by animal rights activists "would result in a significant and specific risk of unlawful intimidation and physical harm to researchers and to their families." 3The website http://www.sunshinereview.org provides information on all 50 states' sunshine laws.
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Cupp suggested that researchers avoid jokes or sarcasm that could be misunderstood. He also encouraged institutions to make public and strong expressions of support for scientific research involving animals.
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