law and (natural) order: genetic biotechnologies in the us legal system karin patzke4/26/13...
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LAW AND (NATURAL) ORDER: GENETIC BIOTECHNOLOGIES IN THE US LEGAL SYSTEM
Karin Patzke 4/26/13Experiments in Methods
Overview- Abstract
Research focus Precedent - judicial interpretation of
intellectual property Legal technologies - legal practices and
interpretations of law Scales of adjudication - patent
applications, appellate court opinions and Supreme Court rulings.
Structure of this Proposal
Overview Hegemonic Backdrops, Shifts in Sign Systems,
Historicizing a Project Why Now? and Binaries Hierarchy of Questions
Three Literatures Core Concepts
Study Components Methodological, Empirical, and Theoretical Inquiry Structure of the Project Field Sites and Time Line
Conclusion: Possible Implications of Research
Overview – Background and Shifts Innovations and new discoveries in
biotech, specifically in genetics, challenge legal definitions of innovation.
AMP v. Myriad Patents and trade secrets
Protectionism and globalism Multiple Actors:
Justice Breyer, Judge Posner Scales of adjudication and legal
technologies
Overview – Research Questions
How are social concerns of genetic health care diagnostics reconciled in adjudication? What are the roles of legal precedent, regulation, and
established industry practices? How do plaintiffs, defendants and the law attempt to
maintain the status quo after rulings? What alternative structures and actors emerge?
What are the global impacts of US patent rulings
for genetics? What regulatory structures are manipulated to reflect US
regulations? What alternative structures have emerged?
Overview – Core Concepts
Economic and Legal Concepts: Innovation/Utility/Manufacture
Science and economic incentives
Healthcare and Genetics: Information/Public/Nature
Population health and governance
Study Components – Methods Qualitative Research Methods:
Participant observation Internship ‘Clerking’
Structured and unstructured interviews Discursive analysis
Archival legal and policy documents Ethnographic observations
Study Components - Theory
Science and economics
Public health and private research
Genetics and Innovation
Study Components – Field Sites US courts and archives
Supreme Court and Appellate Court Oral arguments Rulings Clerks Offices
Law Offices: ACLU PubPat
Biotech Labs / Patent repositories Advocacy Groups
Genetic Alliance
Study Components – Time Line Year One
Summer 2013 Preliminary theoretical and empirical research Archival research and discourse analysis
Fall 2013 Continuation of archival research Applications for internships, interviews
Spring 2014 Prep. for dissertation proposal and internship
Year Two Summer 2014
Law clerk internship Fall 2014
Application for 2nd internship Spring 2015
Prep. For internship
Year Three Summer 2015 – 2nd internship Write dissertation Validation and omission interviews.
Possible Implications/Conclusions