Appendix 1
Four Fractious Problems
1. Bringing a Neanderthal to Life (Practice Problem) *
Examining a fully analyzed Neanderthal genome might illuminate some of the genetic
differences between Neanderthals and modern humans and their significance. But what if
scientific curiosity extended to attempts—potentially successful—to bring a Neanderthal
to life?
You are staffers for a senator in the state legislature who has heard that bringing a
Neanderthal to life might be possible and that there are researchers within the state who
are contemplating joining a research team to attempt the feat. These attempts, and, if the
attempts were successful, the birth of a Neanderthal might occur within the state. The
senator has asked you to prepare a presentation for her and fellow members of the state
senate’s committee on scientific research and innovation.
She asks you to include in your presentation your findings about the current status of
research on the Neanderthal genome and on the possibility of bringing a Neanderthal to
life; the ethical and policy issues that attempts, including successful and unsuccessful
attempts, would present; and your assessment of how these issues ought to be resolved.
* This work is licensed under the Creative Commons Attribution-NonCommercialShareAlike 3.0 Unported License. To view a copy of this license, visit
http://creativecommons.org/licenses/by-nc-sa/3.0/ or send a letter to Creative Commons,
444 Castro Street, Suite 900, Mountain View, California, 94041, USA.
Primary contact author: Edward L. Queen II equeen@emory.edu
Alternative contact author: Roberta M. Berry robertaberry@gatech.edu
2. Neuroimaging and Violence in the Educational Setting **
Neuroimaging is the generic term given to a variety of techniques used to study and
evaluate the structure of the brain and its functioning. These techniques have been
developed only recently, but research and innovation in the field has seen explosive
growth in the last decade. The use of neuroimaging techniques is rapidly expanding in
both clinical and research settings.
You are members of a joint task force on violence in education created by your state’s
Board of Regents (the agency that administers the state’s public higher education system)
and your state’s Department of Education (the agency that administers the state’s public
kindergarten through 12th grade education system). These agencies are concerned about
incidents of violence on campuses and of bullying and aggression in schools. The
agencies are considering whether they should recommend to the state legislature
enactment of a law permitting or requiring the use of neuroimaging tests as an aid to
predicting the likely future dangerousness of students identified as “at-risk” by campus or
school health, educational, or administrative personnel. The purpose of the tests would be
to help determine whether these students (1) should be required to undergo therapy as a
condition of their continuing enrollment, both for the sake of their own well being as well
as the safety of others, or (2) if all of the evidence indicates a very high level of potential
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Appendix 1
Four Fractious Problems
dangerousness, should be expelled from colleges and universities or, in the case of school
children, diverted to alternative school settings tailored to the needs of at-risk children.
The joint task force is charged with presenting these two agencies with findings regarding
the current scientific status of neuroimaging techniques and their potential value in
making these determinations and regarding the ethical and policy issues associated with
their use in making these determinations. The joint task force is also charged with making
recommendations about whether a law regarding the use of these tests should be enacted
and, if so, what the law should provide.
** This work is licensed under the Creative Commons Attribution-NonCommercialShareAlike 3.0 Unported License. To view a copy of this license, visit
http://creativecommons.org/licenses/by-nc-sa/3.0/ or send a letter to Creative Commons,
444 Castro Street, Suite 900, Mountain View, California, 94041, USA.
Primary contact author: Gillian Hue Beckford ghue@emory.edu
Alternative contact author: Roberta M. Berry robertaberry@gatech.edu
3. Forensic DNA Identification ***
As genomic technologies improve, there has been increased demand for the collection,
storage, and use of DNA samples. DNA samples have been collected for a number of
purposes, both by government agencies and private entities, including to identify rare but
harmful genetic conditions in newborns, for research purposes, and to exculpate or
exonerate persons who are currently suspected of committing crimes or who have been
convicted of committing crimes previously.
In addition, both the federal and state governments have authorized the collection of
DNA samples from persons who have been arrested or convicted of certain crimes for the
purpose of creating DNA databases that can be used to help identify persons who commit
future crimes. Some have argued that these DNA databases should be expanded in
various ways, perhaps even to include information from DNA samples taken from
everyone who is born in or who enters the U.S. There are many unsolved crimes and
these databases might help bring more perpetrators to justice for their crimes as well as
prevent future crimes. These expanded databases might be used for other important
purposes as well, such as identifying missing persons, fatalities from natural disasters, or
victims of terrorist attacks. Others have expressed concerns about constitutional, ethical,
policy, scientific, and technological issues associated with current and potential practices
in creating and using DNA databases for forensic identification.
Prepare findings, analysis, and recommendations regarding current State of Georgia and
federal practices regarding the creation and use of DNA databases for forensic
identification and whether these current practices should be restricted or expanded or
otherwise revised.
*** This work is licensed under the Creative Commons Attribution-NonCommercialShareAlike 3.0 Unported License. To view a copy of this license, visit
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Appendix 1
Four Fractious Problems
http://creativecommons.org/licenses/by-nc-sa/3.0/ or send a letter to Creative Commons,
444 Castro Street, Suite 900, Mountain View, California, 94041, USA.
Primary contact author: Leslie E. Wolf lwolf@gsu.edu
Alternative contact author: Roberta M. Berry robertaberry@gatech.edu
4. Sports Enhancement in U.S. Professional Sports Leagues ****
Many accomplishments in sports have been made possible by advances in biomedicine
and biotechnology, from restoring the pitching arms of baseball players with “Tommy
John surgery” to enabling amputees to compete in track events using high-tech prosthetic
legs. Other reported accomplishments in sports have been attributed, in part, to the use of
performance-enhancing drugs (PEDs), some of which are banned. Many additional
biomedical and biotechnological means of improving performance in sports may be
possible, including additional surgical interventions, prostheses, and PEDs as well as
“gene doping” and computer implants. Eventually, genetic engineering of human
embryos for traits that contribute to sports performance may also be possible.
Contentious ethical and policy debate surrounds both current and prospective biomedical
and biotechnological means of sports enhancement. Sports enhancement has already
drawn the attention of sports organizations as well as the U.S. Congress.
You are staff members for a U.S. Senator, Senator Sportzfan, who is concerned about the
ethical and policy issues raised by current and prospective biomedical and
biotechnological means of sports enhancement. Senator Sportzfan is considering
introducing a bill to address sports enhancement in the following U.S. major professional
sports leagues: Major League Baseball (MLB), the National Basketball Association
(NBA), the National Football League (NFL), and the National Hockey League (NHL).
Senator Sportzfan requests your assistance in determining whether such a bill should be
introduced and, if so, what the bill should provide. To help the Senator make that
determination, you have been asked to prepare a slide presentation and a report that (1)
analyze the ethical and policy issues associated with current and prospective biomedical
and biotechnological means of sports enhancement in these four U.S. professional sports
leagues, and (2) propose and justify appropriate policy resolutions for these issues. For
purposes of this presentation and report, assume that the U.S. Congress has the authority
to enact legislation to regulate sports enhancement in these professional leagues.
**** This work is licensed under the Creative Commons Attribution-NonCommercialShareAlike 3.0 Unported License. To view a copy of this license, visit
http://creativecommons.org/licenses/by-nc-sa/3.0/ or send a letter to Creative Commons,
444 Castro Street, Suite 900, Mountain View, California, 94041, USA.
Contact authors: Roberta M. Berry robertaberry@gatech.edu; Ruchir N. Karmali
rkarmali3@gatech.edu; Jason L. Wang jason.wang@gatech.edu
3