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