Moore is Less
By Osagie K. Obasogie and Helen Theung,
Stanford Technology Law Review
| 01. 15. 2013
Why the Development of Pluripotent Stem Cells Might Lead Us to Rethink Differential Property Interests in Excised Human Cells
Since Moore v. Regents of the University of California, there has been a wide-ranging debate regarding the holding of the case and its implications for property law. Moore stands for the notion that individuals do not have a property interest in ordinary cells taken from their bodies during medical procedures nor the commercial products that researchers might develop from them. At the same time, cases such as Davis v. Davis and Hecht v. Superior Court have asserted that individuals maintain a property interest in other types of cells—namely embryos and gametes (eggs and sperm)—once they are removed from the body. This, among other developments, has led to a fragmented regime in property law pertaining to excised biological materials that turns, in large part, on the type of cell in question: individuals have a diminished interest in regular somatic cells (skin, muscle, etc.) while courts have recognized that people retain a heightened property interest in reproductive cells such as sperm, eggs, and embryos. The articulated reason for the differential property interests in these two cell types is that embryos and gametes...
Related Articles
By Pete Shanks
| 02.27.2026
Last month, we published “The Shameful Legacy of Tuskegee” which focused on a proposed experiment in Guinea-Bissau. The study’s plan echoed the notorious Tuskegee disaster, withholding safe, effective vaccines against hepatitis B from some newborns while inoculating others. It was to be financed by the U.S. but performed by a controversial Danish team. That project provoked a multi-national outcry, leading to a remarkable response from the World Health Organization:
WHO has significant concerns regarding the study’s scientific...
By Jenn White, NPR | 02.26.2026
By Kiana Jackson and Shannon Stubblefield, New Disabled South | 02.09.2026
"MC0_8230" via Wikimedia Commons licensed under CC by 2.0
This report documents a deliberate assault on disabled people in the United States. Not an accident. Not a series of bureaucratic missteps. An assault that has been coordinated across agencies...
By Scott Solomon, The MIT Press Reader | 02.12.2026
Chris Mason is a man in a hurry.
“Sometimes walking from the subway to the lab takes too long, so I’ll start running,” he told me over breakfast at a bistro near his home in Brooklyn on a crisp...