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Law and (Natural) Order: Genetic Biotechnologies in the US Legal System

Law and (Natural) Order: Genetic Biotechnologies in the US Legal System. Karin Patzke 4/26/13. Experiments in Methods. Overview- Abstract. R esearch focus P recedent - judicial interpretation of intellectual property L egal technologies - legal practices and interpretations of law

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Law and (Natural) Order: Genetic Biotechnologies in the US Legal System

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  1. Law and (Natural) Order: Genetic Biotechnologies in the US Legal System Karin Patzke 4/26/13 Experiments in Methods

  2. 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.

  3. 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

  4. 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

  5. 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?

  6. Overview – Core Concepts • Economic and Legal Concepts: • Innovation/Utility/Manufacture • Science and economic incentives • Healthcare and Genetics: • Information/Public/Nature • Population health and governance

  7. Study Components – Methods • Qualitative Research Methods: • Participant observation • Internship • ‘Clerking’ • Structured and unstructured interviews • Discursive analysis • Archival legal and policy documents • Ethnographic observations

  8. Study Components - Theory • Science and economics • Public health and private research • Genetics and Innovation

  9. 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

  10. 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.

  11. Possible Implications/Conclusions

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