The false alarm of an Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nation-wide integrated defense of health countermeasures initiative (“DHCI”), which is a multi-prong program to create a defensive triad comprising government, private industry, and academia to develop countermeasures for health threats posed by biological, chemical, radiological, and nuclear (“BCRN”) attacks. Key elements of our multi-faceted proposal include the use of the government’s Other Transaction Authority to simplify procurement arrangements, the establishment of public-private partnerships with an information commons for the sharing and the use of certain information and trusted intermediaries to protect proprietary information pursuant to cooperative research and development agreements (“CRADAs”), and the creation of a network of incubators sited in ecosystems of excellence. Although our proposal focuses on health countermeasures, it may be applied to other urgent national needs, such as rebuilding U.S. infrastructure.


translational medicine, academic entrepreneurship, entrepreneurship, DARPA, public-private partnerships, incubator, bioterrorism, chemical warfare, nuclear threats, countermeasures, pharmaceuticals, vaccines

Publication Date


Document Type


Place of Original Publication

Cardozo Law Review

Publication Information

40 Cardozo Law Review 823 (2018).

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Law Commons


COinS Constance E. Bagley Faculty Bio