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Legal context: At the interface between patent law and biotechnology, a debatehas arisen over the application of the morality provision, designedto ensure the future development of society on a principledbasis. This article reviews the provision in its European context,adopting UK and European perspectives for analysis. Key points: Analysis of the provision identifies that there is ambiguityregarding interpretation of the morality provision, which haslead to inconsistent application between the European PatentOffice and the European Patent Boards. This article assessesthe provision in the context of the patent system and offersa legal philosophy framework within which to understand theprovision as conveying: a methodology, a standard of moralityand a source for that standard which can be utilized to describethe possibilities. It then re-centres the debate to its practicalcontext in order to demonstrate that the patent system removesthe options which are inapplicable: advocating valid and achievablemethods for complying with the law both nationally and on aEuropean level. Practical significance: The morality provision has become an accepted wild cardin assessing the patentability of biotechnology: it has cometo rely upon the identification of danger areas in innovationthat may trigger moral objections. This falls far short of thelegal certainty which is so vital to biotechnological growth.In the face of the impending implementation of the unitary patentright across Europe, the importance of achieving a predictableand practical approach to applying the morality cannot be underestimated. 相似文献
263.
We analyze the timing and extent to which major newspapers in the United States ceased publishing sex-segregated help wanted columns. We situate our study within a specific scholarly literature in organizational sociology and the sociology of law interested in patterns of organizational compliance with U.S. employment law. More specifically, this article is conceptually and theoretically organized around the concept of the "legal field," defined as the dynamic and emergent interactions among formal law and legal rules, legal officials, self-interested organizations, and the broader political and cultural environment. Content analysis of major U.S. newspapers between 1966 and 1975 indicates that, for nearly five years (1966–70), newspapers collectively refused to desegregate their help wanted columns, despite clear legal rules prohibiting their use. Then, in a comparatively condensed period between 1971 and 1973, virtually all newspapers abruptly abandoned the traditional practice of sorting job ads explicitly by sex. 相似文献
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Christopher D. Maxwell Amanda L. Robinson Lori A. Post 《Journal of criminal justice》2003,31(6):523-538
This study assessed whether sexual assault offenders were differently adjudicated from other violent felons and to what extent any differences in adjudication decisions were explained by the defendant's race. Five court decisions were analyzed using a weighted sample of 41,151 cases adjudicated between 1990 and 1996 that were representative of cases in the seventy-five most populous United States counties. The results did not support the hypothesis that sexual assault cases were given, on average, more leniency than less serious violent offenses, however, various adjudication decisions for the four violent offenses were moderated by the defendant's race. Interaction models showed minorities were treated more punitively compared to Whites when they were charged with an assault, robbery, or murder, but they were treated more leniently when they were charged with a sexual assault. Explanatory models that accounted for the differential processing of minorities that were disproportionately lenient or punitive, depending on the crime, are discussed. 相似文献
266.
Tami Amanda Jacoby 《New Political Science》2015,37(4):525-542
AbstractContemporary feminism has reached a difficult crossroads, both in its theory and practical application. Feminist commitment to diversity and inclusion has opened space for women not traditionally considered in feminism’s domain and prompted new understandings of the forms of power against which women struggle. However, the very inclusivity of contemporary feminism now raises a series of unresolved issues. What does it mean to be a feminist today? What are the criteria for integration within a feminist agenda? And who determines the boundaries of inclusion and exclusion? This article uses the case of Jihadi brides, women who travel to join the Islamic State in Syria and Iraq, to test the limits of feminist boundaries. That these women have embarked on a radical political campaign against the West prompts further revisioning of the relationship between women, gender, and feminism. In place of a unified feminist politics, women are involved today on both sides of the global conflict between Western industrialized democracy (and its allies) and violent jihadism. In this context, should feminism include all women, even those who fight against Western values and thus the rights of other women? Should feminism tolerate the intolerant? Against the background of debates about intersectionality, identity politics, and post-structuralism, this article raises the specter of a feminism that is not only non-Western but, importantly, anti-Western and considers its implications for a feminist reconstructive agenda. 相似文献
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Amanda Konradi 《Law & social inquiry》1997,22(1):1-54
Little research has been conducted on the behaviors of prosecuting attor-neys and their interactions with rape survivors between charging and court events. Yet this period, during which prosecutors prepare rape survivors for their witness roles, may be crucial for obtaining successful convictions. Using intensive interviews with 32 rape survivors and background interviews with prosecutors, victim witness advocates, and rape crisis workers, I evaluated the nature of directives and information given to rape survivors and the frequency with which directives were conveyed before preliminary hearings and court events. I concluded that prosecutors employ 20 modes of preparation to construct rape survivors as credible victims for judges and jurors. They orient the rape survivor to the scope of the witness role and her place in the interaction with legal actors, direct her to enhance the credibility of her story, and enhance the credibility of her self'presentation. Research showed that prosecutors prepared respondents more thoroughly for trials than for preliminary hearings, but little overall. A large minority of respondents, consequently, reported dissatisfaction with the preparation they received. On the basis of the findings, I call for an extension of Martin and Powell's "politics of victim's needs," attention to the importance of maintaining a perception of procedural justice among rape survivors, and further research into pre-court preparation. 相似文献
269.
John V. Goodpaster Ph.D. Amanda B. Sturdevant M.S. Kristen L. Andrews B.S. Eileen M. Briley M.S. Leanora Brun-Conti B.S. 《Journal of forensic sciences》2009,54(2):328-338
Abstract: The microtexture and elemental composition of the backing of electrical tapes have been shown to be highly discriminating. In this study, the organic composition of electrical tape was evaluated as a complementary means of distinguishing tape brands. The backing and adhesive of 72 rolls of electrical tape were analyzed via Attenuated Total Reflectance Fourier Transform Infrared Spectroscopy (ATR FTIR) and discriminant analysis was used to classify all samples by brand. Generally, the accuracy for FTIR data (88–99%) was higher than that for elemental data (86–94%). FTIR spectra from the adhesive layer were the most discriminating. In separate studies, two fragments of blast-damaged tape were correctly assigned to their brand of origin and discriminant analysis was used to quantitatively associate or exclude tape samples from two bombing cases. 相似文献
270.
Michael?W.?Gruszczynski Amanda?Balzer Carly?M.?Jacobs Kevin?B.?Smith John?R.?HibbingEmail author 《Political Behavior》2013,35(1):135-152
Political involvement varies markedly across people. Traditional explanations for this variation tend to rely on demographic variables and self-reported, overtly political concepts. In this article, we expand the range of possible explanatory variables by hypothesizing that a correlation exists between political involvement and physiological predispositions. We measure physiology by computing the degree to which electrodermal activity changes on average when a participant sequentially views a full range of differentially valenced stimuli. Our findings indicate that individuals with higher electrodermal responsiveness are also more likely to participate actively in politics. This relationship holds even after the effects of traditional demographic variables are taken into account, suggesting that physiological responsiveness independently contributes to a fuller understanding of the underlying sources of variation in political involvement. 相似文献