Sovereign Immunity for Rent: How the Commodification of Tribal Sovereign Immunity Reflects the Failures of the U.S. Patent System

Last year, a Fortune 500 pharmaceutical company attempted to rent the sovereign immunity of an American Indian tribe in order to shield its patents on a dry-eye drug from invalidation by generic competitors in inter partes review. Pharmaceutical firms are notorious for pursuing unconventional methods to extend the duration of their patents and, in this sense, the maneuver is unsurprising. The exploitation, however, of an historically disenfranchised community with limited economic opportunities is particularly unsettling. This Article will provide, firstly, a factual summary of the legal background of this case; secondly, a review of the February 2018 decision of the Patent Trial and Appeal Board (“PTAB”) to deny the application of tribal sovereign immunity in this case; thirdly, a review of the July 2018 decision of the U.S. Court of Appeals for the Federal Circuit, affirming the PTAB’s decision; fourthly, a discussion of the ways in which the precedent set by Allergan’s maneuver may adversely affect consumer welfare by undermining the process of inter partes review; fifthly, an analysis of the history of tribal sovereign immunity and how its exploitation in this case reflects the historic oppression of American Indians; and finally, strategies to deter such transactions from recurring in the future

Policy Issues in U.S. Transportation Public-Private Partnerships: Lessons from Australia, Research Report 09-15

In this report, the authors examine Australia’s experience with transportation public-private partnerships (PPPs) and the lessons that experience holds for the use of PPPs in the United States. Australia now has decades of experience in PPP use in transportation, and has used the approach to deliver billions of dollars in project value. Although this report explores a range of issues, the authors focus on four policy issues that have been salient in the United States: (1) how the risks inherent in PPP contracts should be distributed across public and private sector partners; (2) when and how to use non-compete (or compensation) clauses in PPP contracts; (3) how concerns about monopoly power are best addressed; and (4) the role and importance of concession length. The study examines those and other questions by surveying the relevant literature on PPP international use. The authors also interviewed 23 Australian PPP experts from the academic, public and private sectors, and distilled lessons from those interviews

The impact of historical land use change from 1850 to 2000 on particulate matter and ozone

Anthropogenic land use change (LUC) since pre-industrial (1850) has altered the vegetation distribution and density around the world. We use a global model (GEOS-Chem) to assess the attendant changes in surface air quality and the direct radiative forcing (DRF). We focus our analysis on secondary particulate matter and tropospheric ozone formation. The general trend of expansion of managed ecosystems (croplands and pasturelands) at the expense of natural ecosystems has led to an 11 % decline in global mean biogenic volatile organic compound emissions. Concomitant growth in agricultural activity has more than doubled ammonia emissions and increased emissions of nitrogen oxides from soils by more than 50 %. Conversion to croplands has also led to a widespread increase in ozone dry deposition velocity. Together these changes in biosphere-atmosphere exchange have led to a 14 % global mean increase in biogenic secondary organic aerosol (BSOA) surface concentrations, a doubling of surface aerosol nitrate concentrations, and local changes in surface ozone of up to 8.5 ppb. We assess a global mean LUC-DRF of +0.017 Wm−2, −0.071 Wm−2, and −0.01 Wm−2 for BSOA, nitrate, and tropospheric ozone, respectively. We conclude that the DRF and the perturbations in surface air quality associated with LUC are substantial and should be considered alongside changes in anthropogenic emissions and climate feedbacks in chemistry-climate studies.https://www.atmos-chem-phys.net/16/14997/2016/acp-16-14997-2016.pdfhttps://www.atmos-chem-phys.net/16/14997/2016/acp-16-14997-2016.pdfPublished versio

Global deposition of total reactive nitrogen oxides from 1996 to 2014 constrained with satellite observations of NO2 columns

Reactive nitrogen oxides (NOy) are a major constituent of the nitrogen deposited from the atmosphere, but observational constraints on their deposition are limited by poor or nonexistent measurement coverage in many parts of the world. Here we apply NO2 observations from multiple satellite instruments (GOME, SCIAMACHY, and GOME-2) to constrain the global deposition of NOy over the last 2 decades. We accomplish this by producing top-down estimates of NOx emissions from inverse modeling of satellite NO2 columns over 1996–2014, and including these emissions in the GEOS-Chem chemical transport model to simulate chemistry, transport, and deposition of NOy. Our estimates of long-term mean wet nitrate (NO3−) deposition are highly consistent with available measurements in North America, Europe, and East Asia combined (r = 0.83, normalized mean bias  = −7%, N = 136). Likewise, our calculated trends in wet NO3− deposition are largely consistent with the measurements, with 129 of the 136 gridded model–data pairs sharing overlapping 95% confidence intervals. We find that global mean NOy deposition over 1996–2014 is 56.0TgNyr−1, with a minimum in 2006 of 50.5TgN and a maximum in 2012 of 60.8TgN. Regional trends are large, with opposing signs in different parts of the world. Over 1996 to 2014, NOy deposition decreased by up to 60% in eastern North America, doubled in regions of East Asia, and declined by 20% in parts of western Europe. About 40% of the global NOy deposition occurs over oceans, with deposition to the North Atlantic Ocean declining and deposition to the northwestern Pacific Ocean increasing. Using the residual between NOx emissions and NOy deposition over specific land regions, we investigate how NOx export via atmospheric transport has changed over the last 2 decades. Net export from the continental United States decreased substantially, from 2.9TgNyr−1 in 1996 to 1.5TgNyr−1 in 2014. Export from China more than tripled between 1996 and 2011 (from 1.0 to 3.5TgNyr−1), before a striking decline to 2.5TgNyr−1 by 2014. We find that declines in NOx export from some western European countries have counteracted increases in emissions from neighboring countries to the east. A sensitivity study indicates that simulated NOy deposition is robust to uncertainties in NH3 emissions with a few exceptions. Our novel long-term study provides timely context on the rapid redistribution of atmospheric nitrogen transport and subsequent deposition to ecosystems around the world.This work was supported by NSERC and Environment and Climate Change Canada. We acknowledge the free use of tropospheric NO2 column data from the GOME, SCIAMACHY, and GOME-2 sensors from www.temis.nl. We further acknowledge the NADP, CAPMoN, EMEP, and EANET regional monitoring networks as well as the World Data Centre for Precipitation Chemistry for access to wet deposition data. (NSERC; Environment and Climate Change Canada)https://www.atmos-chem-phys.net/17/10071/2017/acp-17-10071-2017.pdfhttps://www.atmos-chem-phys.net/17/10071/2017/acp-17-10071-2017.pdfhttps://www.atmos-chem-phys.net/17/10071/2017/acp-17-10071-2017.pdfPublished versionPublished versio

Global deposition of total reactive nitrogen oxides from 1996 to 2014 constrained with satellite observations of NO2 columns

Reactive nitrogen oxides (NOy) are a major constituent of the nitrogen deposited from the atmosphere, but observational constraints on their deposition are limited by poor or nonexistent measurement coverage in many parts of the world. Here we apply NO2 observations from multiple satellite instruments (GOME, SCIAMACHY, and GOME-2) to constrain the global deposition of NOy over the last two decades. We accomplish this by producing top-down estimates of NOx emissions from inverse modeling of satellite NO2 columns over 1996–2014, and including these emissions in the GEOS-Chem chemical transport model to simulate chemistry, transport, and deposition of NOy. Our estimates of long-term mean wet nitrate (NO3−) deposition are highly consistent with available measurements in North America, Europe, and East Asia combined (r = 0.83, normalized mean bias = −7 %, N = 136). Likewise, our calculated trends in wet NO3− deposition are largely consistent with the measurements, with 129 of the 136 gridded model-data pairs sharing overlapping 95 % confidence intervals. We find that global mean NOy deposition over 1996–2014 is 56.0 Tg N yr−1, with a minimum in 2006 of 50.5 Tg N and a maximum in 2012 of 60.8 Tg N. Regional trends are large, with opposing signs in different parts of the world. Over 1996 to 2014, NOy deposition decreased by up to 60 % in eastern North America, doubled in regions of East Asia, and declined by 20 % in parts of Western Europe. About 40 % of the global NOy deposition occurs over oceans, with deposition to the North Atlantic Ocean declining and deposition to the northwestern Pacific Ocean increasing. Using the residual between NOx emissions and NOy deposition over specific land regions, we investigate how NOx export via atmospheric transport has changed over the last two decades. Net export from the continental United States decreased substantially, from 2.9 Tg N yr−1 in 1996 to 1.5 Tg N yr−1 in 2014. On the other hand, export from China more than tripled between 1996 and 2011 (from 1.0 Tg N yr−1 to 3.5 Tg N yr−1), before a striking decline to 2.5 Tg N yr−1 by 2014. We find that declines in NOx export from some Western European countries have counteracted increases in emissions from neighbouring countries to the east. A sensitivity study indicates that simulated NOy deposition is robust to uncertainties in NH3 emissions with a few exceptions. Our novel long-term study provides timely context on the rapid redistribution of atmospheric nitrogen transport and subsequent deposition to ecosystems around the world.https://www.atmos-chem-phys-discuss.net/acp-2016-1100/acp-2016-1100.pdfhttps://www.atmos-chem-phys-discuss.net/acp-2016-1100/acp-2016-1100.pdfhttps://www.atmos-chem-phys-discuss.net/acp-2016-1100/acp-2016-1100.pdfPublished versionPublished versio

Trade Facilitation Negotiations in the WTO: Implications for Bangladesh and Other Least Developed and Developing Countries

This paper provides an overview of how trade facilitation has been addressed in the WTO to date, and how this may affect Bangladesh’s negotiating strategy on trade facilitation in the upcoming Cancun Ministerial and beyond. The paper also defines the term “trade facilitation”, reviews the development of trade facilitation in the international community apart from the WTO, and examines the work that has taken place on the issue in the WTO including the current state of play in trade facilitation discussions. Apart from providing an overview of WTO provisions that are relevant to trade facilitation, as a part of the Doha Development Agenda (DDA), and summarising the proposals that various WTO members have made for enhancing trade facilitation in the WTO, the paper addresses some of the implementation issues WTO members face with respect to trade facilitation. It further examines the implications of trade facilitation negotiations on Bangladesh and other least developed and developing countries, and how these will shape the negotiating strategies and policies of these countries.Trade Facilitation, WTO, LDC, Bangladesh

On the inapplicability of a negative-phase-velocity condition as a negative-refraction condition for active materials

A negative-phase-velocity condition derived by Depine and Lakhtakia [Microwave Opt Technol Lett 41 (2004) 315] for isotropic, homogeneous, passive, dielectric-magnetic materials is inapplicable as a negative-refraction condition for active materials.Comment: replacement for preliminary version submitted earlier by erro