Facilitating Scientific Research: Intellectual Property Rights and the Norms of Science - A Response to Rai and Eisenberg

Arti Rai\u27s article in the Fall 1999 issue of the Northwestern University Law Review explores the proper use of both legal rules and prescriptive norms to shape behavior in the basic biological research community. Rai\u27s article builds upon the extensive work in this area by Rebecca Eisenberg, which first attained prominence through Eisenberg\u27s article in the December 1987 issue of the Yale Law Journal. Eisenberg concludes that the use of patents in the area of basic biological research may frustrate central norms of the community. Rai prescribes concerted public and private action as the best tools for avoiding patents and the problems Eisenberg attributes to them. This essay responds to patent critics like Rai and Eisenberg by showing how patents are essential for promoting the central norms of the basic biological research community

Facilitating Scientific Research: Intellectual Property Rights and the Norms of Science - A Response to Rai and Eisenberg

Arti Rai\u27s article in the Fall 1999 issue of the Northwestern University Law Review explores the proper use of both legal rules and prescriptive norms to shape behavior in the basic biological research community. Rai\u27s article builds upon the extensive work in this area by Rebecca Eisenberg, which first attained prominence through Eisenberg\u27s article in the December 1987 issue of the Yale Law Journal. Eisenberg concludes that the use of patents in the area of basic biological research may frustrate central norms of the community. Rai prescribes concerted public and private action as the best tools for avoiding patents and the problems Eisenberg attributes to them. This essay responds to patent critics like Rai and Eisenberg by showing how patents are essential for promoting the central norms of the basic biological research community

Technology Transfer and the Genome Project: Problems with Patenting Research Tools

Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain

Sub-semi-Riemannian geometry on HH-type groups

We consider $H$(eisenberg)-type groups whose law of left translation gives rise to a bracket generating distribution of step 2. In the contrast with sub-Riemannian studies we furnish the horizontal distribution with a nondegenerate indefinite metric of arbitrary index and investigate the problem concerning causal geodesics on underlying manifolds. The exact formulae for geodesics are obtained

Simplifying the Choice of Forum: A Response to Professor Clermont and Professor Eisenberg

Every now and again, an article appears that provides new insights into a familiar topic. The recent Cornell Law Review article by Professor Kevin M. Clermont and Professor Theodore Eisenberg, Exorcising the Evil of Forum-Shopping, is such a rare article. In defending current transfer practice under section 1404(a) of the Federal Judiciary Code, Professor Clermont and Professor Eisenberg present a wealth of empirical data. Their findings provide valuable information not only about transfer practice in federal civil cases, but also about forum selection in the federal courts. Professor Clermont and Professor Eisenberg have written a clear and original article. And I disagree with almost all of their conclusions. I disagree with Professor Clermont and Professor Eisenberg on the following points. First, by including cases where courts have entered default judgments, Professor Clermont and Professor Eisenberg exaggerate the effect, if any, that the choice of forum has on the outcome of a case. Second, Professor Clermont and Professor Eisenberg do not demonstrate that transfers lead to more accurate outcomes. Instead, their data only supports the conclusion that a defendant\u27s chance of winning a case improves if the defendant has selected the forum through a transfer motion. Third, Professor Clermont and Professor Eisenberg understate the costs of transfer under the open-ended standard currently employed in section 1404(a) litigation. Fourth, if Professor Clermont and Professor Eisenberg are correct that forum shopping is both pervasive and effects outcomes, Congress or the courts should address this problem directly by limiting the geographic choices available to a plaintiff who files a federal court suit. Such an approach would address any inequities resulting from forum shopping far more universally and efficiently than the case-by-case transfers currently employed under section 1404(a)

Defaulting firms and systemic risks in financial networks

In this paper, we use the axioms introduced in Eisenberg and Noe (2001) and Rogers and Veraart (2013) and study their consequences in terms of optimal sets of defaulting firms. We show that, from this point of view, the Absolute Priority axiom is not independent. We also show that the optimal sets of defaulting firms characterized in Eisenberg and Noe (2001) are still optimal when the Limited Payment axiom, implicit in Eisenberg and Noe (2001), is further removed. However, some other optimal sets of defaulting firms appear in this case. Finally, with the help of counterexamples, we show that no further weakening in the set of axioms considered can lead to positive results

Strategic Payments in Financial Networks

In their seminal work on systemic risk in financial markets, Eisenberg and Noe [Larry Eisenberg and Thomas Noe, 2001] proposed and studied a model with n firms embedded into a network of debt relations. We analyze this model from a game-theoretic point of view. Every firm is a rational agent in a directed graph that has an incentive to allocate payments in order to clear as much of its debt as possible. Each edge is weighted and describes a liability between the firms. We consider several variants of the game that differ in the permissible payment strategies. We study the existence and computational complexity of pure Nash and strong equilibria, and we provide bounds on the (strong) prices of anarchy and stability for a natural notion of social welfare. Our results highlight the power of financial regulation - if payments of insolvent firms can be centrally assigned, a socially optimal strong equilibrium can be found in polynomial time. In contrast, worst-case strong equilibria can be a factor of ?(n) away from optimal, and, in general, computing a best response is an NP-hard problem. For less permissible sets of strategies, we show that pure equilibria might not exist, and deciding their existence as well as computing them if they exist constitute NP-hard problems

INTRINSIC MECHANISM FOR ENTROPY CHANGE IN CLASSICAL AND QUANTUM EVOLUTION

It is shown that the existence of a time operator in the Liouville space representation of both classical and quantum evolution provides a mechanism for effective entropy change of physical states. In particular, an initially effectively pure state can evolve under the usual unitary evolution to an effectively mixed state.Comment: 20 pages. For more information or comments contact E. Eisenberg at [email protected] (internet)

The Medical Staff Structure - Its Role in the 21st Century

Dr. Eisenberg\u27s paper presents a vision of the medical staff from the point of view of a practicing physician and medical staff leader. Dr. Eisenberg focuses on ways the medical staff, as an independent entity, may use the collective clinical knowledge and experience of its physician membership to enhance quality. This paper also presents Dr. Eisenberg\u27s unique insights regarding the interplay and conflict between hospitals and their associated medical staff in today\u27s complex health care delivery system. He provides several suggestions to increase cooperation between these two important components of inpatient care

An interview with Avigail Eisenberg : “Reasoning about the Identity of Aboriginal People”

Document de travailAvigail Eisenberg is an Associate Professor in the Department of Political Science,University of Victoria. She was also a fellow of CRÉUM during the 2004-2005 academic year. She has written important work on the issues of identity, race, gender,minority rights, and in particular, Aboriginal claims. Her writing displays intelligent and acute commentaries in which she demonstrates an ability to tackle difficult questions in a refreshing way. A list of her publications is available at http://web.uvic.ca/polisci/eisenberg/pubs.htm. Martin Blanchard of CRÉUM asked Professor Eisenberg if she would be willing to be interviewed via email on the subject of an article she had just finished writing, entitled “Reasoning about the Identity of Aboriginal People”. (This text is forthcoming in Accommodating Cultural Diversity: Contemporary Issues in Theory and Practice, Stephen Tierney ed., London: Ashgate.) She kindly accepted to answer his questions.Avigail Eisenberg est professeure au département de sciences politiques de l’Université de Victoria. Elle était également professeure invitée au CRÉUM durant l’année 2004-2005.Elle a écrit nombres d’articles et d’ouvrages majeurs sur les questions d’identité,de race,de genre,de droits des minorités et,en particulier, sur les revendications autochtones. Ses textes sont non seulement agréables à lire,mais ils font preuve d’une intelligence et d’une finesse remarquables, où elle démontre une habileté à affronter des questions difficiles de manière rafraîchissante. Une liste de ses publications est disponible sur http://web.uvic.ca/polisci/eisenberg/pubs.htm Martin Blanchard,chercheur au CRÉUM,a demandé au professeure Eisenberg si elle accepterait de faire une entrevue par courriel à propos d’un article qu’elle vient de terminer, dont le titre est “Reasoning about the Identity of Aboriginal People”. (Ce texte sera bientôt publié dans Accommodating Cultural Diversity:Contemporary Issues in Theory and Practice,dirigé par Stephen Tierney,London:Ashgate.).Elle a aimablement accepté de répondre à ses questions