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291.
Whitehead Brian; Jackson Stuart; Kempner Richard 《Jnl of Intellectual Property Law & Pract》2007,2(12):808-811
Legal context: This article examines a decision of the English Patents Courtin relation to the validity of a patent claiming a single enantiomer(a particular molecular form) of a known pharmaceutical compound. Key points: The court held that while it would have been obvious to theskilled person at the priority date to prepare the single enantiomerof the drug claimed in the patent, the actual method of preparationtaught by the patent was not obvious. The attack on groundsof lack of inventive step therefore failed. However, the factthat the patent taught only one method of preparation, but soughtto claim the single enantiomer however prepared meant that theclaims (other than the method claim) were invalid on the groundsof insufficiency. Practical significance: This case demonstrates the formidable difficulties in obtaininga valid patent for a single enantiomer of a known pharmaceutical.While claims to a method of preparation can be valid, providedthe usual requirements of novelty, inventive step, etc. aremet, a patent claiming a single enantiomer of a known compoundper se will be likely to be invalid on the grounds of obviousnessor insufficiency. 相似文献
292.
In this paper we review theoretical perspectives on the informal economy that developed during the period 1958–1992. We describe
shifts in thinking in two phases that we identify as ‘first wave studies’ and ‘second wave studies,’ and we identify a series
of critical theoretical issues that emerged from the thinking during these periods. Then, focusing on the state of Michigan,
USA, we examine empirical research that was conducted in the second wave and compare the results with a state survey that
we conducted in 2005. The overall aim of this paper is to summarize the extent of theoretical and empirical studies of informal
economy before the more recent postmodern informed analysis of the 1990s, and to document shifts in patterns of informal economic
activity as this is revealed from the research. We conclude with a discussion of theoretical and empirical questions that
have begun to be addressed in the last 15 years of what has now been 50 years of research on this topic. 相似文献
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294.
Lisa M. Swisher Jane F. Silovsky Judge Roger H. Stuart Keri Pierce 《Juvenile & family court journal》2008,59(4):49-69
Judges are encountering more cases (both dependent and delinquent) involving juveniles under the age of 12 who have acted out sexually. The youth's own trauma history and protection issues often complicate the cases. This article reviews the research about treatment for children with sexual behavior problems (SBP) and discusses guidelines for making placement decisions in order to assist judges to determine an appropriate level of response in cases of children with SBP. To this end, information about typical sexual development with strategies for determining whether a sexual behavior is problematic or developmentally appropriate is provided. Children with SBP are contrasted with adolescent and adult sexual offenders. Assessment and treatment guidelines based on the current state of clinical research are provided, noting that a number of treatments have demonstrated efficacy with SBP in children. Information to facilitate decision making regarding residential placement, school participation, and family reunification is provided. Public policy should be based on scientific results and reflect the very low risk posed by children with SBP when making decisions about application of the Adam Walsh Act and national lifetime registries in general. 相似文献
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Maui L. Hudson M.H.Sc. ; Christine A. Allan M.Sc. ; Keith R. Bedford Ph.D. ; John S. Buckleton Ph.D. ; Keriata Stuart B.A. 《Journal of forensic sciences》2008,53(2):380-383
Abstract: Forensic science aims to serve society by advancing justice. It is accepted that some actions taken by the state in the interests of advancing justice, such as postmortem examinations, may impinge on values held by members of groups within society. Such actions have the potential to cause cultural offense. It is important that forensic scientists are aware of these issues and that as a profession we should take actions, where possible, to reduce any potential offense and consequently reduce unnecessary distress. This paper examines the impact of these issues on forensic practice in New Zealand, and, in particular, in relation to the cultural values of Māori, the indigenous people of New Zealand. Interviews and workshops were used to identify forensic practices involving a risk of cultural offense. Particular issues were identified in regard to crime scene attendance and examination, postmortem attendance and sample storage, disposal, and return. This paper describes the response developed by the Institute of Environmental Science and Research Limited (ESR) to address these issues, including a cultural awareness training package and reference brochure. 相似文献
297.
Recently most states have abandoned the traditional tort defense of contributory negligence and substituted a form of comparative negligence. Using an extensive data set of auto accident injury claims, we provide evidence on the relationship between negligence rules and claimants' litigation decisions to retain attorneys, file lawsuits and litigate versus settle out of court. Litigation choices appear to be rational responses to the varying incentives created by alternative tort standards. We find that in contrast to comparative negligence, claims arising under comparative negligence are associated with greater probabilities of attorney involvement, higher average award levels, and longer delays in securing payment. Only 37% of claims involving attorneys in contributory negligence states result in a lawsuit being filed compared to 49% and 47% under the pure and modified forms of comparative negligence, respectively. The study provides the first statistical evidence on the litigation costs of the new forms of comparative negligence. 相似文献
298.
G. H. Stuart Bunning 《Public administration》1943,21(3):105-108
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