Biotechnology and the Law: A Consideration of Intellectual Property Rights and Related Social Issues

[Excerpt] “Recent advances in biotechnology are expected by many to improve crop yield, reduce reliance on agricultural inputs like pesticides and herbicides, alleviate world hunger, improve the safety and effectiveness of pharmaceuticals, assist in the discovery of genes that trigger diseases like cancer, and make more efficient our legal institutions through DNA testing. Clearly, innovations in biotechnology are a powerful force for social change, and they pose unique challenges and opportunities for legal scholars and institutions. This section of the Pierce Law Review focuses on the interface between law and technology by examining how innovations in biotechnology accelerate debates about social justice (on a global scale), the role of science, and the patenting of intellectual property. Since biotechnology, and the actors involved in the debates over intellectual property rights, are involved in a form of “high drama” that plays itself out in the social world, it is necessary to understand that technology does not exist in a vacuum. All technologies generate social change and affect, in varying degrees individuals, groups, institutions, etc. For example, the introduction of the pen changed how information is recorded. A pen is portable, relatively inexpensive and creates semi-permanent markings. The pen, however, represented a shift away from orality, created a note-taking culture and lessened our reliance on short-term memory. The pen also helped consolidate the power of bureaucracies where a reliance on efficiency and order was paramount. Legal documents are generally signed in ink. The pen plays a prominent role in our society and can be found in almost all institutions, including those where information/communication technology dominate. If these transformations can occur when a relatively simple technology is introduced, what can be said about the introduction of innovations arising from the science of biotechnology

Risk Assessment and Sustainable Development: Towards a Concept of Sustainable Risk

Dr. Mehta examines two dominant approaches for managing health and environmental risks and suggests that they would better serve if integrated

Public Perceptions of Food Safety: Assessing the Risks Posed by Genetic Modification, Irradiation, Pesticides, Microbiological Contamination and High Fat/High Calorie Foods

[Excerpt] In general, people in the developed world have access to a safe and varied supply of food. Instead of systemic hunger, many developed countries have problems with obesity and other kinds of eating disorders among their citizenry. It is within this context that some find public concerns about the safety of food both paradoxical and misplaced. Nevertheless, understanding how people perceive the risk associated with food is an important exercise in demonstrating accountability and in setting priorities for regulation. With the advent of technologies for producing genetically modified foods, and the development of fat blockers like Olestra, the public is increasingly being asked to judge the social acceptability of various kinds of food modifications. In addition to interpreting the risks and benefits associated with these newer innovations, the public is also balancing the risks and benefits of more familiar food interventions. Not only must consumers of food assess the merits of genetic modification and food irradiation, they still must consider exposure to pesticide residues and microbiological contaminants like Salmonella, Listeria, Escherichia coli, and Campylobacter. Additionally, with high rates of cardiovascular disease and elevated concerns about developing diseases like diabetes, many people seriously consider the fat and sugar content of the foods they consume. This exploratory study examines how the public perceives food risks by employing a ranking exercise, a scale for assessing food safety practices, a scale for combining elements from the psychometric paradigm (e.g., voluntary exposure, perceived benefit, and perceived risk) across five potential food hazards, and demographic variables (sex, age, and level of education) most commonly linked to the perception of food risks

Public Perceptions of Genetically Engineered Foods: Playing God or Trusting Science

The author considers whether levels of religiosity or scientism affect public perceptions of genetically engineered foods

It's a Bird, It's a Plane: Some Remarks on the Airbus Appellate Body Report (EC and Certain Member States – Large Civil Aircraft, WT/DS316/AB/R)

The emergence of Airbus transformed the market structure of the LCA industry into a duopoly of similar-sized full-range manufacturers. The financing of Airbus's upfront investment expenditures came in a significant proportion from public funds, which violated, in the US's opinion the SCM Agreement. While the Appellate Body follows this view of things to a large extent, it does so in a measured way: the category of per se illegal export subsidies is interpreted with a view to the manipulation of normal market conditions; the distortion on competitive conditions matters, not the increase of exports as such. Other aspects of subsidies law clarified are the relationship between effect and subsidy. They are closely related but not identical; rightly, the report operates from the premise that the SCM Agreement's regime focuses on the effect, and not on the subsidy as such, which is a manifestation of a political choice by a sovereign Member state. The Appellate Body affirms that a subsidy has a ‘life’, a shorthand for a beginning and an end: it follows that the effect of a subsidy is not bound to be permanent but is bound to terminate. It is to be regretted that the Appellate Body avoided clarifying to what extent partial privatization, hence sale of assets at market prices to private investors, ‘extinguish’ subsidies

Globalization and International Public Finance

This paper examines the effect of reduced transaction costs in the international trading of assets on the ability of governments to issue debt. We examine a model in which governments care about the welfare of their citizens, and thus are more inclined to default if a large proportion of their debt is held by foreigners. Reductions in transaction costs make it easier for domestic citizens to share risk by selling debt to foreigners. This may increase tendencies for governments to default, and thus raise their cost of credit and reduce welfare. We find that even in the absence of transaction costs, home bias in placement of government debt may persist, because in the presence of default risk the return on government debt is correlated with the tax burden required to pay the debt. Asset inequality may reduce this home bias, and by increasing foreign ownership, increase incentives for default. Finally, if foreign creditors are less risk averse than domestic creditors, there may be one equilibrium in which domestic creditors hold the asset and default risk is low, and another in which foreign creditors hold the asset and default risk is high.

Human-centered Electric Prosthetic (HELP) Hand

Through a partnership with Indian non-profit Bhagwan Mahaveer Viklang Sahayata Samiti, we designed a functional, robust, and and low cost electrically powered prosthetic hand that communicates with unilateral, transradial, urban Indian amputees through a biointerface. The device uses compliant tendon actuation, a small linear servo, and a wearable garment outfitted with flex sensors to produce a device that, once placed inside a prosthetic glove, is anthropomorphic in both look and feel. The prosthesis was developed such that future groups can design for manufacturing and distribution in India