David E Winickoff

Assistant Professor
JD  Harvard Law School
MA  Cambridge University, UK

115 Giannini Hall
Berkeley, California 94720
winickoff@berkeley.edu
office: 510-643-0319   lab: 510-643-0319   fax:  510-643-5438

     Recent publications     

My work involves combining the fields of law, humanities, bioethics, and Science and Technology Studies (STS). Using frameworks from these disciplines, I interpret and analyze the politics of health and environment, the governance of new technologies and the mutual formation of knowledge and social structure. I am interested in developing policies that help guide science and innovation to address the most pressing environmental and health problems. I do this in part by studying systems of property and intellectual property, environmental regulation, food safety, human subjects research, and public health.

I am Co-Director of the Berkeley Science, Technology and Society Center and I am a Greenwall Faculty Scholar in Bioethics (2007-2010).

The focus here is on particular technoscientific developments in a broad societal, political and normative context, including work on the governance of biofuels, genomics, nanotechnology, pharmaceuticals, stem cells, and agricultural innovation. How can we better control and steer technology for the collective good? Work in this area involves rethinking risk assessment, regulation, individual and collective property rights, liberties, justice, and the distribution of power in the face of technological change.

We work on international institutions, legal regimes, and governance in the areas of environment, health, and biotechnology. Specific research on the international regime for food safety at the WTO and other international organizations, the international politics of GMOs, and the legalization of risk assessment and the precautionary principle in these contexts. We also have projects related to the development of environmental indicators for biofuels, and the TRIPs agreement on intellectual property and biodiversity.

Here we look at the institutional contexts of innovation in the life sciences: universities, foundations, industrial capitalism, venture capital, and international aid. How are the domains of public and private being constructed through patterns of intellectual property, research funding, and technology transfer? What is being constituted as “clean and green” and by whom? What are the effects of innovation systems on distribution of resources, technological divides, international development, and access to innovation? What are the obligations of different innovators in terms of both the process and results of innovation? Current work involves the commons in science and technology; the modern R and D system, intellectual property, the “social contract for science”; and the distributional dilemmas of modern research universities.

Members of my group do work on the intersection of “environment” broadly understood and the humanities, including history, literature, ethics, philosophy and the fine arts. We have current work on the ethics of food, sustainable food systems and green consumerism. Here we use modes and methods involving narrative, textual and literary interpretation, history, cultural commentary, representation theory, identity formation, art and affect.

D. E. Winickoff, Judicial Imaginaries of Technology: Constitutional Law and the DNA Round Up, forthcoming in Sheila Jasanoff, ed., Reframing Rights: Constitutional Implications of Technological Change (In press, Spring 2010)

D.E. Winickoff and Douglas Bushey, Science and Power in Global Food Regulation: The Rise of the Codex Alimentarius, Science, Technology and Human Values (OnLineFirst), doi: 10.1177/0162243909334242 (15 May 2009) (Print version in press).

D.E. Winickoff and Kendra Klein,"Food Labels and the Environment: Development and Harmonization of Organic Regulation in the EU and US" forthcoming in David Vogel & Johan Swinnen, eds., Cooperating in Managing Biosafety and Biodiversity in a Global World, EU, US and California, previous version available as IGS Center on Institutions and Governance Working Paper (November 2008)

Timothy Caulfield et al. (and 23 others with David E. Winickoff), International Stem Cell Environments: A World of Difference, Nature Reports Stem Cells, doi:10.1038/stemcells.2009.61(16 April 2009)

D.E. Winickoff, Gregory Graff and Kris Saha, Opening Stem Cell Research and Development: A Policy Proposal for the Management of Data, Intellectual Property, and Ethics, 9 Yale Journal of Health Law, Policy and Ethics 52-127 (2009)

D.E. Winickoff, “From Benefit Sharing to Power Sharing: Partnership Governance in Population Genomics Research” (October 3, 2008). Forthcoming as chapter in J. Kaye and M. Stranger, Governing Biobanks (Ashgate, 2010, in press). Working Paper available at Center for the Study of Law and Society Jurisprudence and Social Policy Program. JSP/Center for the Study of Law and Society Faculty Working Papers. Paper 68.

D.E. Winickoff and O.K. Obasogie, Race-Specific Drugs: Regulatory Trends and Public Policy, 29 Trends in Pharmacological Science 277-279 (June 2008)

D.E. Winickoff, Partnership in U.K. Biobank: A Third Way for Genomic Property?, Journal of Law, Medicine and Ethics 35;3: 440-456 (Fall 2007)

D.E. Winickoff (with Krishanu Saha and Gregory Graff),“Enabling Stem Cell Research and Development” (April 27, 2007). Center for the Study of Law and Society, Jurisprudence and Social Policy Program, University of California, Berkeley, Faculty Working Papers. Paper 48.

D.E. Winickoff, Bioethics and Stem Cell Banking in California, 21 Berkeley Technology Law Journal 1067-1105 (2006)

D.E. Winickoff, Governing Stem Cell Research in California and the USA: Towards a Social Infrastructure, Trends in Biotechnology 24;9: 390-394 (September 2006)

D.E. Winickoff (with O.K. Obasogie), “When is the Racial Pharmacy Bad Medicine?” When is the Racial Pharmacy Bad Medicine?, Bioethics Forum (Hastings Center On-Line) (July 19, 2006)

D.E. Winickoff, Genome and Nation: Iceland’s Health Sector Database and its Legacy, Innovations 1;2: 80-105 (Spring 2006)

D.E. Winickoff, I.S. Kohane, R.B. Altman, Health-Information Altruists, New England Journal of Medicine (Letter) 354;5: 530-31 (2 February 2006)

D.E. Winickoff, L. Neumann, Towards a Social Contract for Genomics: Property and the Public in The ‘Biotrust’ Model , 1:3 Genomics, Society and Policy 8-21 (December 2005)

D.E. Winickoff, The California Public Biorepository and Trust (CPBT): A Governance Model for Ethics and IP of Stem Cell Research, White Paper and written testimony to public hearing of the Ethics and Standards Working Group of the California Institute of Regenerative Medicine, San Francisco, CA (27 September 2005)

D.E. Winickoff, et al.,Adjudicating the GM Food Wars: Science, Risk, and Democracy in World Trade Law , 30 Yale Journal of International Law 81-123 (Winter 2005)

D.E. Winickoff (with L. Busch, R. Grove-White, S. Jasanoff, B. Wynne), amicus curiae brief submitted to the Dispute Settlement Panel of World Trade Organization, in the case of EC: Measures Affecting the Approval and Marketing of Biotech Products (28 April 2004)

D.E. Winickoff, R.N. Winickoff,The Charitable Trust as a Model for Genomic Biobanks , New England Journal of Medicine 349;12: 1180-1184 (18 September 2003)

D.E. Winickoff, Governing Population Genomics: Law, Bioethics, and Biopolitics in Three Case Studies, 43 Jurimetrics 187-228 (2003)

D.E. Winickoff (with Sheila Jasanoff),"Hard facts and soft law: what’s the evidence?", OpenDemocracy.net (18 November 2002)

D.E. Winickoff, Biosamples, Genomics, and Human Rights: Context and Content of Iceland’s Biobanks Act, Journal of BioLaw and Business 4:2 (January 2001). Reprinted in Politeia 62:157 (2001)