Property Claims Research Articles

Innovation and Uncertainty in the Medical Industry: Evidence from the Case of Myriad Genetics, Inc.

We describe the broad range of uncertainties faced by the developers of medical technologies. Empirically, we estimate the asset market incidence of two realizations of uncertainties we classify as within-market policy risks. The events we analyze concern the intellectual property of Myriad Genetics, Inc., an American molecular diagnostics firm. In July 2013, the Supreme Court invalidated several of Myriad's intellectual property claims. Subsequently, the Center for Medicare and Medicaid Services reevaluated the reimbursements it pays for the services at issue in this patent litigation. We estimate that these events substantially moved Myriad's market capitalization, by just under 25 percent in the case of the Supreme Court's decision and nearly 20 percent in the case of CMS's reimbursement rate re-determination. Myriad's exposure to the realization of these intellectual property risks reflects its unusually high reliance on revenues linked to the services at issue. We discuss the implications of these risks for the total volume of medical innovation and for its organization across firms.

Of brains and planets: on a causal criterion for mind-brain identities

Whether mental properties are identical with neural properties is one of the central questions of contemporary philosophy of mind. Many philosophers agree that even if mental properties are identical with neural properties, the mind-brain identity thesis cannot be established on empirical grounds, but only be vindicated by theoretical philosophical considerations. In his paper ‘When Is a Brain Like the Planet?’, Clark Glymour proposes a causal criterion for local property identifications and claims that this criterion can be used to empirically establish local identities between mental and neural properties. If successful, such an account would settle the debate on the mind-body problem. In this paper, I argue that Glymour’s approach falls short of its aims. The causal criterion which he proposes does not provide a sufficient condition for the local identification of properties. Moreover, his account does not succeed in rendering local mind-brain identities empirically testable. Therefore, the mind-body problem cannot be solved as easily as Glymour assumes.

A study on Korea-Japan Negotiations concerning Korea's Detailed Property Claims against Japan

A study on Korea-Japan Negotiations concerning Korea's Detailed Property Claims against Japan

Preschoolers' understanding of the role of communication and cooperation in establishing property rights.

Property as a social "agreement" comprises both a communicative component, in which someone makes a claim that she is entitled to some piece of property, and a cooperative component, in which others in the community respect that claim as legitimate. In the current study, preschool children were (a) given the opportunity to mark some objects as "theirs" (to claim them in the face of other fictitious children who would supposedly enter the room later); and (b) confronted with stickers in various spatial arrangements (e.g., piled up neatly vs. scattered), told that a fictitious child had previously chosen some for herself but had to suddenly leave the room, and then invited first to choose some stickers for themselves and second to identify which stickers had already been claimed by the fictitious child. Five-year-olds but not 3-year-olds were skillful in both of these tasks, demonstrating an understanding of the crucial role of communication in asserting property claims and the crucial role of cooperation in respecting them.

Dealing with Dirty Deeds: Matching Nemo dat Preferences with Property Law Pragmatism

When title disputes arise between two or more purchasers, we have accepted pragmatically that exceptions must be made to applying the Latin maxim nemo dat quod non habet – roughly translated to mean that one can only transfer what they own – even though using such exceptions means that we will, in essence, at times validate fraud and other dirty deeds. This Article outlines the basic place of the nemo dat principle in our system of law, introduces the tensions between the ideal adherence to the maxim and the realities in the world that necessitate exceptions to (or a sometimes less-than-ideal achievement of) the maxim, summarizes the recording acts and their purposes (along with the types of notice and their uses), and exposes the tensions these recording systems each have with a strict notion of nemo dat. It explains why the protections for bona fide purchasers are necessary to facilitate markets in property and serve other goals, while examining the role of individual responsibility – particularly as it relates to purchaser obligations to record and examine records – as the core justification for setting the rules in a manner that first-in-time title holders sometimes lose out to subsequent purchasers. Pragmatism concerns make some nemo dat exceptions necessary, but we should find ways to minimize the need for invoking such exceptions principally by shrinking the pool of those who fit the criteria for the bona fide purchaser exception. This Article proposes that we should search for ways to so shrink that pool not by changing the nature of the protections available to innocent bona fide purchasers but instead by finding new ways to inject more information about land conveyances into the public view – beyond traditional recording mechanisms – so that more and earlier notice of possible competing property claims is available to responsible purchasers exercising due diligence. To accomplish that goal, this Article presents a proposal to take advantage of what can be characterized as “the underexploited utility of inquiry notice.” The idea is to create better conditions to give first-in-time purchasers additional opportunities to protect their title interests by more easily triggering the inquiry obligations of second-in-time and other subsequent purchasers. The Article outlines the components of a proposed new and innovative service called the “Title-Related Inquiry Notice Triggering System” (TINTS). As outlined, TINTS would operate in a manner that would provide a means for purchasers of property to protect their claim to title even earlier than official recording might accommodate. TINTS, or other innovations like it, can assist us in matching nemo dat preferences with property law pragmatism.

Extrajudicial Protection of Property Rights in the Aftermath of Kosovo Armed Conflict

The aim and purpose of this paperwork is to review how the property rights in Kosovo are protected in the aftermath of the armed conflict of 1999. Paperwork moreover explains the quasi-judicial mechanisms created to protect property rights, their fundamental principles, legal framework, jurisdiction and their endorsed legal remedies.This paperwork is prepared based in triangulation methodology, i.e. empirical method, including legislative application and statistical method.The protection of property rights in Kosovo is considered a serious problem and the legal system here in particular the work of judicial institutions/regular courts has shown inefficiencies due to political interference in the judicial system and the large number of backlog cases in the courts, in the other hand insufficient number of judges to cope and handle that amount of backlogs.Housing and Property Directorate and its successor Kosovo Property Agency were established as apolitical and independent institutions led and supervised internationally as an ideal solution for resolution of property disputes efficiently and un-biased.Both institutions are faced with challenges and obstacles during the processing, adjudication and implementation of property claims. However, the results obtained in this paperwork show that Housing and Property Directorate has accomplished its mission efficiently, un-biased and in accordance with its legal framework, while Kosovo Property Agency has been performing its mandate in effective manner.

Corporate 'Human Rights' to Intellectual Property Protection

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major driving force behind increased global intellectual property standards, a human rights framework for intellectual property must contemplate the likelihood that corporations will attempt to co-opt a human rights model in order to bolster their intellectual property claims. Moreover, framing intellectual property interests from a human rights perspective can affect our conceptions of intellectual property and our analysis of the relationship between intellectual property rights and other interests. This Article contends that there is value in using human rights law to limit excessive intellectual property protection. However, promoting a human right to intellectual property protection could have the unfortunate effect of further entrenching rights that have already increased significantly in recent years.

RIGHTS OF FUTURE INTEREST AS MATRIMONIAL PROPERTY: SPECIAL REFERENCE TO EARNING CAPACITY

Traditionally, the claims of matrimonial property are mainly confined to existing and personal property which exist or were acquired during the marriage prior to the divorce, such as buildings, land, vehicles, etc. However, with the changes in the economic sources and social behaviour of the modern society, whereby earnings and proprietary rights are no longer confined to merely property but also include future interest and future earnings such as investments, trust fund and business ventures, it is perceived that the scope of claims on matrimonial property shall also be revolutionised to include claims in future earnings of the divorced parties.This paper discusses the legal principle which the court could apply when it comes to claims on future interest as matrimonial property. The case law analysis is merely confined to the Malaysian precedents and the analogy of human capital earning is used by the writers to justify the possibility of claims in all types of future earnings as matrimonial property.

Unequal Access to Payments for Ecosystem Services: The Case of Costa Rica

ABSTRACTUsing Costa Rica's experience with its payments for ecosystem services (PES) programme, this article examines how and why some groups come to be excluded from participating in the programme. It demonstrates that Costa Rica's PES programme results in payments that generally go to larger landowners and tend to exclude certain kinds of smallholders, and that these patterns occur despite concerted state efforts to include the rural poor. The author argues that access exclusions found in PES are the result of historical patterns of agrarian settlement interacting with the state's inability to recognize certain forms of property claims in the context of PES, with the latter condition emerging through ongoing efforts to transform the administration of the nation's property regime in ways that will render it more legible to markets. This case study shows the importance of understanding how access restrictions emerge from the complex relations between multiple state institutions and agrarian producers in the implementation of PES.

The place of ‘culture’ in the Access to Knowledge movement: Comparing Creative Commons and yogic theories of knowledge transfer (Respond to this article at http://www.therai.org.uk/at/debate)

A fundamental tenet of the Access to Knowledge (A2K) movement is that access to intangibles, especially educational and cultural works, should be open to all. Grounded in a human rights framework, this perspective links open and unfettered access to principles of social justice, freedom, and economic development. This article explores how mainstream A2K debates play out with respect to intangible cultural heritage. In doing so, the discussion contributes to an emerging literature highlighting the tension between individual and cultural rights in this movement through a comparative analysis of how select A2K activists and sanyasi (spiritual ascetics) react to debates surrounding intellectual property claims to yoga. On the one hand, A2K activists, specifically leaders from the Creative Commons community, place primacy on democratic modern law as a principle of social ordering to theorize yoga‐as‐information, information‐as‐disembodied, and information‐as‐neutral. This framework produces an undifferentiated public domain within which the practice naturally resides. In contrast, expert yoga practitioners rely on an interpretation of the guru‐disciple relationship to theorize yoga‐as‐knowledge, knowledge‐as‐embodied, and knowledge‐as‐powerful to conceptualize its placement in a stratified commons. The juxtaposition of these two accounts adds to emergent debates around the construction and management of the public sphere and/or versus the cultural commons, as well as the possibilities and limits both present for community and identity politics. While the article is informed by a larger ethnographic project, it primarily draws from nine months of fieldwork with sanyasi (spiritual ascetics) of the Satyananda lineage as well as my own involvement in the A2K movement.

Legal fictions: constituting race, composing literature

Preface ix Introduction: Bound by Law 1 Intimate Intersectionalities-Scalar Reflections 5 Public Fictions, Private Facts 9 Simile as Precedent 13 Property, Contract, and Evidentiary Values 17 1. The Claims of Property: On Being and Belonging 23 The Capital in Question 27 Imagined Liberalism 35 Mapping Racial Reason 41 Being in Place: Landscape, Never Inscape 49 2. Bodies as Evidence (of Things Not Seen) 55 Secondhand Tales and Hearsay 59 Black Legibility-Can I Get a Witness? 72 Trying to Read Me 77 3. Composing Contract 89 novel-like tenor 93 Passing and Protection 96 A Secluded Colored Neighborhood 102 Epilogue. When and Where All the Dark-Glass Boys Enter 111 A Contagion of Madness 113 Notes 127 References 139 Acknowledgments 145 Index 147

Revulsions of Capital: The Political Law of Slavery in the Epoch of the Turner Rebellion, Virginia 1829-1832

This paper continues the pattern of work I have been pursuing on the Turner Rebellion, a slave rebellion that took place in Virginia in August 1831. During the past two years I have been engaged in preliminary explorations of different aspects of the rebellion that have resulted in a series of working papers, written to teach myself what I don’t know, and what I should. This paper was written for the same purpose; it differs from prior papers in stepping back from the rebellion itself in order to situate it in Virginia’s constitutional history, and in regard to the debate over gradual emancipation that broke out in its aftermath. Essentially, Virginia in the epoch of the Turner Rebellion is a state divided largely on east-west lines. Slavery dominates east of the Blue Ridge in the long-settled Tidewater and Piedmont; the west (particularly the Trans-Allegheny region that would eventually become the state of West Virginia) is much more recently settled and largely slave-free. This division, together with less marked local slaveholder/non-slaveholder and freeholder/non-freeholder distinctions in the east of the state, largely determines the substance and structure of Virginia’s politics. I consider two “phases” of Virginia’s politics: (1) the Constitutional Convention of 1829-1830, in which Eastern and Western delegates fought over the replacement of county-based apportionment and suffrage that privileged freehold in land by white basis apportionment and white manhood suffrage, and (2) the emancipation debate that took place in 1831-32 during the first session of the state legislature to meet following the Turner Rebellion. I also consider the analysis of the emancipation debate written in 1832 by the William & Mary professor of “political law” Thomas Roderick Dew, Review of the Debate in the Virginia Legislature of 1831 and 1832. I argue that out of the deep divisions exposed by the constitutional and legislative debates there emerged a new political and economic equilibrium, confirmed in Dew’s analysis, and centered not, as before, upon propertied hierarchy but upon property’s commodification, notably commodified labor. In the case of self-possessed white labor, commodification meant increased circulation. The same was true of enslaved labor, with the important qualification that slaves had no control over how far they were circulated. Slavery became transactional – the price of subsistence. Their commodification meant slaves were no longer harnessed to custom (in the shape of common law property claims), or to positive municipal law, or to paternal stewardship, but instead represented a capital investment on which the master-creditor might realize returns either through work, or, just as rationally, sale into the interstate slave trade. The paper concludes with a short analysis of Virginia’s contribution to that trade before and after the Turner Rebellion.

Protection of Property Rights in the Law of Republika Srpska / Zaštita prava svojine u pravu Republike Srpske

Property right as the most extensive legally recognized ownership on things has also wide-ranging legal protection. The author deals with the issue of the protection of the property rights in accordance with the Republika Srpska Law of Proprietary Rights. This Law distinguishes property claim for return on things (rei vindicatio), hypothetical property claim, (actio Publiciana) and claim for intrusion or disturbance (actio negatoria). The aforementioned claims also existed in the Roman legislation. Principles regarding protection of the property rights, mostly apply to the protection of rights of co-owners and joint proprietors.

The quest for expansive intellectual property rights and the failure to disclose known relevant prior art

Expansive patent portfolios may be used by firms to fence off technological space for commercialization, impede the commercialization efforts of competitors, and enhance bargaining power in cross‐licensing negotiations. Low quality patents with claims that overlap those of other patents contribute to these portfolios and patent strategies. By failing to disclose known relevant prior art during the patenting process, inventors and their firms may be granted low quality patents with intellectual property claims which would not otherwise have been granted. We find that the failure of inventors to disclose known relevant prior art increases as they gain experience with the patenting process. Such failure is also greater among inventors employed by relatively small, poorly performing firms that rely on outsourced legal counsel during the application process. Copyright © 2014 John Wiley & Sons, Ltd.

Applying stochastic programming to insurance portfolios stress-testing

The introduction of the Solvency II regulatory framework in 2011 and unprecendented property and casualty (P/C) claims experienced in recent years by large insurance firms have motivated the adoption of risk-based capital allocation policies in the insurance sector. In this article, we present the key features of a dynamic stochastic program leading to an optimal asset-liability management and capital allocation strategy by a large P/C insurance company and describe how from such formulation a specific, industry-relevant, stress-testing analysis can be derived. Throughout the article the investment manager of the insurance portfolio is regarded as the relevant decision-maker: he faces exogenous constraints determined by the core insurance division and is subject to the capital allocation policy decided by the management, consistently with the company's risk exposure. A novel approach to stress-testing analysis by the insurance management, based on a recursive solution of a large-scale dynamic stochastic p...

Counter-discursive and Erotic Agency: The Case of the Black Slaves in Miguel de Cervantes’s “El celoso extremeño”

Cervantes’s novela creates a complex protagonist due in part to the involvement of the slaves’ destructive and creative energies: a linguistic and erotic paradox. Linguistically the female slave foregrounds the historical dichotomy between ladinos and bozales and the related problematic of conversion, while the eunuch, a double of the master, brings forth the subject’s erotic deficiency, the basis of an ironic cure through the slaves’ survival and the master’s demise. The eunuch’s Janus-like liminality further complicates the identity gaps of the protagonist, who dies offering a metaphorical image of self-destructive authorship (the silkworm) followed by the rise of other actors who stake spatial and property claims of their own—a dynamic loss highlighting the essential roles played by colonial space and marginal others in the construction of the master’s psychological persona.

Isolation of Stem Cells of the Degenerated Lumbar Intervertebral Disc Using a Low Cost and Very Effective Technique

Introduction The limitations of regenerative therapy of the tissue using stem cells are, among others, the length of time until a satisfactory amount of viable cells is obtained for the therapy and the high financial cost. The purpose of this study, was to report a low cost and very effective technique to obtain large amounts of adult mesenchymal stem cells from the degenerated intervertebral disc in a short time. Materials and Methods The methodology of the isolation in this study gave rise to an intellectual property claim deposited at INPI under number BR 10 2013 031330 0. The intervertebral disc in this study was obtained from patients with lumbar disc degenerative disease refractory to conservative treatment, who required surgery as therapy. Isolation consisted of incubating the degenerated intervertebral disc without going through enzymatic or mechanical dissociation in DMEM medium supplemented with 10% SFB and 1% P/S in a humidified oven at 37°C for 3 days. To prove that these cells were adult mesenchymal stem cells, the supernatant cells were collected with a Pasteur pipette and cultured conventionally in culture containers adding growth factors (0.02 ng/µL of EGF and FGF) for another 3 days. For this purpose, cellular adhesion tests, with fibroblastic characteristics, of the presence/absence of specific surface antigens through flow cytometry (CD 105+, CD73+, CD90+, CD45-, CD34-, CD14-, CD11b-, CD19-, HLA-DR-) and of cell-differentiation for adipogenic and osteogenic tissue were performed. Results Using this process, a confluence of ∼100% of adult mesenchymal stem cells was found in the culture containers 3 days after the patient's intervertebral disc was removed. The isolated cells presented percentages of antigens with specific surfaces in flow cytometry that were positive for mesenchymal stem cells, could differentiate into adipogenic and osteogenic tissue, and had an adhesive characteristic with fibroblastic morphology. The greater the degeneration, the smaller was the percentage of growth and isolation of cells, however its differentiation was satisfactory for adipocytes and osteocytes. Conclusion The benefits of the technique described are that it allows: (1) obtaining quickly and (2) a large amount of adult mesenchymal cells, using a methodology (3) with a low financial cost. Disclosure of Interest A. Falavigna: Conflict with CNPq, FAPERGS, AOSpine Latin America M. Peletti-Figueiró: None declared I. Aguiar: None declared M. Roesch-Ely: None declared D. Machado: None declared J. A. Henriques: None declared

Community property versus the firewall: a warning to trustees and their advisers

Experience over the 25 or so years since their first introduction has shown that the ‘firewall’ legislation adopted by the international financial centres, including those which have always been and remain particularly popular with Asian clients (primarily the Cayman Islands and the British Virgin Islands), is robust against forced heirship claims asserted by heirs of settlors and, in some cases, beneficiaries. More controversial is the effect of that legislation on matrimonial claims against settlors and beneficiaries, but I do not examine the plethora of still developing authority on that issue in this article. It is a puzzle all on its own. The aim of this article is more modest: it is to draw attention to an increasingly significant body of claims based on community property rights. They are essentially hybrid claims, part forced heirship and part matrimonial. The question is where they fit in to the scheme of the firewall legislation. The apparently unhelpful answer is: it depends. But at least one category of community property claims seems to breach the firewall and poses a risk to trust assets of which trustees and their beneficiaries and advisers might not always be aware. One such, highlighted in a recent case in the Cayman Islands, concerns a community property claim from mainland China. As settlors from the PRC become more numerous, so too we can expect more such claims to surface, but it is not an issue limited to any one geographical region.

“It Belongs to the Internet”: Animal Images, Attribution Norms and the Politics of Amateur Media Production

“It Belongs to the Internet”: Animal Images, Attribution Norms and the Politics of Amateur Media Production

Migrant Labor and Global Commons: Transnational Subjects, Visions, and Methods

AbstractDespite the prominence of both migrant workers and “global commons” as protagonists in recent meetings of the World Social Forum, few activists or scholars have successfully linked their historical agency or significance. In the following essay, I locate conceptual starting points for linking migrant workers and global commons by analyzing the work of the transnational and the commons in political conversation at the WSF and in the historiographies of immigration and the environment in North America. I argue that the transnational and global commons are best understood as analytical vantages rather than as utopian visions of nation-state transcendence. Using research into the history of human trafficking, I explore the analytical advantages of linking migrant workers to global commons. As inevitable trespassers of both national sovereignty and property claims, migrant workers' journeys help reveal a global commons that is, like them, migratory, fleeting, and often illegible to the state authorities. Such commons are not pristine wildernesses, but polyglots of weedy hybrids. Migrant workers' transnational vantages illuminate the limits of enclosure and the enduring adaptability of nonhuman nature across national boundaries.