York Office Research Articles

Eugene O'Neill: A Life in Four Acts

Eugene O'Neill: A Life in Four Acts

Thirty Years of Flawed Incentives: an Empirical and Economic Analysis of Hatch-Waxman Patent-Term Restoration

Thirty years ago, the Drug Price Competition and Patent Term Restoration Act (“Hatch-Waxman”) created a new foundation for pharmaceutical innovation by extending patent term for pharmaceutical patents and expanding access to generics. This Article explores the effects of Hatch-Waxman’s patent-term restoration provisions through an empirical and economic analysis and concludes that major structural reforms are needed. The life of a pharmaceutical patent continues to be highly unpredictable and subject to numerous biases and inefficiencies. For example: effective patent term for Hatch-Waxman patents can vary from several months to fourteen years; biologics receive more than a year and a half more patent protection than medical devices; and the implementation of the Uruguay Round General Agreement on Tariffs and Trade (“GATT”) has caused billions of dollars of windfall gains and losses while accelerating reliance on improvements over new products. Moreover, Hatch-Waxman’s unnecessary and heavy-handed incentivization of obtaining FDA approval as quickly as possible places adequate safety and efficacy testing in direct conflict with brand name pharmaceuticals’ profit motives. This Article thus recommends moving towards a system of market exclusivity that provides pre-defined periods of protection for novel pharmaceutical products. © 2014 Jaime F. Cardenas-Navia. † Jaime is an associate at Fitzpatrick Cella Harper & Scinto’s New York office whose practice focuses on complex patent litigation. The views expressed in this Article belong solely to the Author. Many thanks to Scott Chambers, Nancy Linck, Hans Sauer, Jay Thomas, and Alexis Perry for their advice and guidance, with a special thanks to Hans for suggesting this Article topic. A final thank-you to my mother, Nelly Navia, and father, Jaime Cardenas-Garcia, for a lifetime of support. 1302 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 29:1301

Discussion

Discussion

A Common Sense Discussion of Patenting Medical Diagnostics

Clinical OMICsVol. 1, No. 4 SNAPSHOTA Common Sense Discussion of Patenting Medical DiagnosticsBrian D. CoggioBrian D. CoggioBRIAN D. COGGIO, J.D., is senior principal in the New York office of Fish & Richardson. The opinions expressed here are solely the author's and should not be attributed to Fish & Richardson or any of its clients. (E-mail Address: coggio@fr.com)Search for more papers by this authorPublished Online:15 Oct 2015https://doi.org/10.1089/clinomi.01.04.07AboutSectionsView articleView Full TextPDF/EPUB ToolsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail View articleFiguresReferencesRelatedDetails Volume 1Issue 4May 2014 InformationCopyright © GEN PublishingTo cite this article:Brian D. Coggio.A Common Sense Discussion of Patenting Medical Diagnostics.Clinical OMICs.May 2014.20-22.http://doi.org/10.1089/clinomi.01.04.07Published in Volume: 1 Issue 4: October 15, 2015PDF download

Lawless Lawyers: Indigeneity, Civility, and Violence

On 8 June 1826, young members of the Family Compact—allegedly disguised as “Indians”—raided William Lyon Mackenzie’s York office, smashing his printing press and throwing his types into Lake Ontario, to protest defamatory editorials. This essay investigates how the cultural memory of “Indian” disguise emerged by asking what this memory reveals about the performative and political dynamics of this protest. At first glance, the performance conventions and disciplinary function of the Types Riot allow it to be compared to folk protest traditions such as “playing Indian” and charivari. However, the Types Riot differed from these popular performances because the participants were members of the provincial elite, not protestors outside of the structures of power. The rioters’ choice of how to perform their “civilized” authority—through an act of lawless law legitimated through citations of “Indigenous” authority—demonstrates inherent contradictions in how power was enacted in Upper Canada. Furthermore, by engaging in a performance that resembled charivari, the rioters called their own civility—attained through education, wealth, and political connections—into question by behaving like peasants. The Types Riot demonstrates that the Family Compact’s claim to authority based on its members’ civility—their superior values, education, and social privilege—was backed by the threat of uncivil violence. The riot revealed a contradiction that the Upper Canadian elite would, no doubt, have preferred remained private: that in the settler-colony, gentlemanly power relied upon the potential for “savage” retribution, cited through the rioters’ “Indian” disguises.

Interview With Dan Edwards, Senior Vice President, Communications, Jacksonville Jaguars

In 2013, Dan Edwards marks his 30th season in the NFL and his 20th year with the Jacksonville Jaguars. He is responsible for overseeing the Jaguars’ communications division, which includes media relations, digital media, and broadcasting. Edwards was promoted to vice president in 2003, when the Jaguars’ community relations and Internet content departments were added to his responsibilities. He is one of eight current Jaguars staff members who have been with the franchise since its first year in 1994. Edwards received a scholarship from NFL Charities in 1984, the year he began his NFL career as a public relations intern in the NFL office in New York. He spent the 1984 football season working in publicity for the Miami Dolphins before joining the Pittsburgh Steelers in 1985. Edwards served as the Steelers’ public relations director from 1987 to 1993. Pittsburgh’s public relations staff received the 1991 Pete Rozelle Award from the Pro Football Writers of America. Edwards, who has worked with the NFL staff at 23 Super Bowls, has an undergraduate degree in business administration with a major in management from the University of Oregon and a master’s degree in sports administration and facility management from Ohio University.

Mental health system funding of cognitive enhancement interventions for schizophrenia: Summary and update of the New York Office of Mental Health expert panel and stakeholder meeting.

A growing research literature indicates that cognitive enhancement (CE) interventions for people with schizophrenia can improve cognitive functioning and may benefit psychosocial functioning (e.g., competitive employment, quality of social relationships). Debate continues regarding the strength of evidence for CE and related policy implications, such as the appropriateness of funding CE services. This paper summarizes and updates a meeting of experts and stakeholders convened in 2008 by the New York Office of Mental Health to review evidence on the impact of CE for people with schizophrenia and other serious mental illnesses, and addresses whether the evidence base for CE interventions is sufficient to warrant funding. Specific recommendations based on the extant literature are provided regarding the structure and components of CE programs that should be present in order to improve cognitive and psychosocial outcomes and therefore merit consideration of funding. These recommendations may serve as a starting point in developing standards for CE programs. Establishing evidence-based practice standards for implementing CE interventions for people with serious mental illnesses may facilitate dissemination of programs that have the greatest potential for improving individuals' functional outcomes while minimizing incremental costs associated with providing CE services. Important open questions include how the performance of CE programs should be monitored and which individuals might be expected to benefit from CE as evidenced by improved functioning in their everyday lives.

The London Commercial Property Price Index

Of the top ten global commercial property markets, London’s has had the highest transaction turnover for the past decade according to Real Capital Analytics. Its prime real estate is part of every major European and US institutional investor’s portfolio and London’s market has the most developed commercial property derivatives market outside of the US. Yet, no transaction-based index exists for the London office market. The aim of this study is to fill that gap. Using a comprehensive dataset of transactions from Estates Gazette interactive and Real Capital Analytics, this paper analyzes different repeat-sales estimation strategies and noise filters to produce a quarterly index series from the first quarter of 1997 to the fourth quarter of 2011. In addition, the index series is measured against IPD’s London capital valuation series and the MIT Center for Real Estate New York office market repeat sales index series. Results show that the market turn of the first financial crisis is clearly visible in the transactions-based indices, and that this index leads the capital valuation series by about a year. London’s office market seems to have been affected by the crisis considerably earlier than New York’s market and correlations between the two markets are low.

Embedding Intelligence: Architecture and Computation at Grimshaw, NY

AbstractResearch and development at Grimshaw is concentrated in two groups: Design Technology (DT) and Industrial Design (ID). Seth Edwards from Grimshaw's DT group explains how these dual hubs provide an essential resource for the practice, offering expertise in complex geometry, rapid prototyping and construction. He illustrates three projects, originating in the New York office, that exemplify this approach.

N.Y. Psychiatrists Learn Difficult Lessons in Storm’s Wake

N.Y. Psychiatrists Learn Difficult Lessons in Storm’s Wake

Straight talk with... Mark Sculpher

By 2014, the UK will be changing the way it regulates the price it pays for medicines. Currently the country's National Health Service (NHS) uses the Pharmaceutical Price Regulation Scheme (PPRS), which controls the maximum profit a drug manufacturer can make on the basis of capital investments the manufacturer has made. A review of this system, carried out by the UK Office of Fair Trading in 2007, recommended that, instead, medicines should be priced according to the therapeutic benefits they offer to patients-an idea known as value-based pricing (VBP) that has similarities to systems already used in smaller countries such as Australia and Canada. This pricing scheme has been embraced by the UK government, and negotiations on how the system will work are due to begin this month. A British switch to VBP could have ripple effects throughout the global pharmaceutical industry. Even though the UK's share of the world drug market is relatively small-just 3%-drug prices in the country are important because a quarter of national governments reference British values to determine their own sticker prices. One of the most influential thinkers on the UK's proposed system is health economist Mark Sculpher, director of the Programme on Economic Evaluation and Health Technology Assessment at the University of York. As a regular advisor to the UK National Institute for Health and Clinical Excellence (NICE) and former chair of a task force on methods guidance for economic evaluation at the agency, Sculpher has had an instrumental role in guiding value-based decision-making in the country's healthcare system. Kate Ravilious met with Sculpher at his office in York to discuss the value of VBP.

Africa Renewal at 25: Keeping up with a dynamic continent

Two Africa Emergency debut newsletters, neatly kept in the New York offices of the UN magazine Africa Renewal, provide a snapshot of Africa in 1985. That was before the internet, when many newsrooms were noisy with the clacking of typewriter keys. The 16-page newsletter was printed in black and white, except for the Emergency on the masthead, which appeared in green.

The New York Policy on Smoking in Addiction Treatment: Findings After 1 Year

We assessed changes in smoking prevalence and other measures associated with the July 2008 New York Office of Alcoholism and Substance Abuse Services tobacco policy, which required that all publicly funded addiction treatment programs implement smoke-free grounds, have "no evidence" of smoking among staff, and make tobacco dependence treatment available for all clients. In a random sample of 10 programs, staff and clients were surveyed before the policy and 1 year later. Measures included tobacco-related knowledge, attitudes, and practices used by counselors and received by clients. Client smoking decreased from 69.4% to 62.8% (P = .044). However, response to the policy differed by program type. Outpatient programs showed no significant changes on any of the staff and client survey measures. In methadone programs, staff use of tobacco-related practices increased (P < .01), client attitudes toward tobacco treatment grew more positive (P < .05), and clients received more tobacco-related services (P < .05). Residential clients were more likely to report having quit smoking after policy implementation (odds ratio = 4.7; 95% confidence interval = 1.53, 14.19), but they reported less favorable attitudes toward tobacco treatment (P < .001) and received fewer tobacco-related services from their program (P < .001) or their counselor (P < .001). If supported by additional research, the New York policy may offer a model that addiction treatment systems can use to address smoking in a population where it has been prevalent and intractable. Additional intervention or policy supports may be needed in residential programs, which face greater challenges to implementing tobacco-free grounds.

Views, events, and debates

In this issue, we profile Creating Resources for Empowerment in Action (CREA), a pioneering women's rights organisation anchored in the global South, and led by Southern feminists. CREA is based in New Delhi and works with its networks across India and the surrounding South Asian region. CREA has also built extensive partnerships with women's rights organisations in Central Asia and East Africa and has a satellite office in New York. Together with its partners, CREA works to advance the human rights of women and girls, and the sexual and reproductive health and rights of all people at the local, regional, and international levels. by Angela Ryan-Rappaport In July 2010, we published an issue of Gender & Development (Vol. 18, No. 2) analysing the impact of the economic crisis on women. Given the early stage at which these articles were prepared, there was very little evidence about the long-term effect of the crisis. So where are we now, two years later? by Ruth Pearson In 1992, in Rio de Janeiro, Brazil, the United Nations held its landmark Conference on Environment and Development. Also known as the Earth Summit, the Conference set the global environmental agenda for the next two decades. Now, twenty years on, the world's governments, development practitioners, and environmental activists are set to reconvene once again, in Brazil, in June 2012, for the UN Conference on Sustainable Development-Rio +20. Along with the institutional framework for sustainable development, the Conference will be focusing on the theme of ‘a green economy in the context of sustainable development and poverty eradication’. Given such an emphasis, what will Rio + 20 mean for the many millions of poor women across the world, struggling with the effects of poverty, climate change, and environmental degradation? Here, we ask Nidhi Tandon, G&D Editorial Advisory Board member, and author of the forthcoming UN Women's paper on Rio + 20 and the Green Economy, to explain the issues as she sees them.

« Crispé comme un extravagant » : Shame de Steve McQueen

This film by Steve McQueen investigates the problem of sexual addiction with a fictional story of a man working in a non identified super-modern office in New York. His sexual addiction and his freedom in his apartement are disturbed by the unexpected arrival of his suicidal sister. Urban life, urban solitude and despair are part of the emotional life depicted in this film.

Lola Ridge's Pivotal Editorial Role at Broom

Many scholars know lola ridge (1873–1941) as a passionate, irish-born american poet and activist whose poetry was of-ten tied to American subjects, employed various traditional and avant-garde styles, invited a diverse readership, and “expressed a fiery awareness of social injustice” (Kay Boyle [McAlmon 15]). Her time as magazine editor, however, continues to be overlooked. In 1912 Ridge founded the Ferrer Association's journal Modern School and edited its first issue (Avrich 166). The periodical started as a radical, politically based newsletter for parents but soon became less political, publishing artistic and literary work by students of the association's school. Between late 1918 and early 1919, Ridge oversaw, along with several other associate editors, three issues of the avant-garde poetry journal Others. Ridge also organized the Others Lecture Bureau, which toured parts of the Midwest and hosted several literary parties for magazine contributors and supporters (Churchill 58). Ridge's leading editorial role occurred from February 1922 to April 1923, when she served as the American literary editor of Broom: An International Magazine of the Arts. Broom was an elaborate magazine praised by many, including William Carlos Williams, who exclaimed, “What a magazine that was! Too expensive for its time but superb to hold in the hand and to read” (187). Although publications that discuss Broom largely marginalize Ridge, the correspondence between her and Broom‘s expatriate editor and publisher, Harold Loeb, in files in Princeton's Department of Rare Books and Special Collections labeled “Broom Correspondence of Harold Loeb, 1920–1956,” shows that from the New York office Ridge orchestrated the magazine's recovery, making it one of the most widely circulated privately owned literary magazines of its time. She also created the magazine's standout “all-American” issue, which pushed against European influences and presented modernism as an American project in its own right. Ridge's pivotal role at Broom is noteworthy because the disagreements she had with Loeb highlight prescribed roles female editors encountered, polarize the modernist debates on both sides of the Atlantic, show her confronting one of modernism's well-known artists, and demonstrate how the fallout over the American issue irrevocably affected Broom‘s future.

Bolivia and the Changing Shape of U.S. Power

Click to increase image sizeClick to decrease image size Additional informationNotes on contributorsEthan EarleEthan Earle holds a master’s degree in international relations from FLACSO-San Andrés in Argentina, He is writing his thesis on the history of relations between Bolivia and the United States. He currently works as a project manager for the Rosa Luxemburg Foundation’s New York office.

The London Commercial Property Price Index

Of the top ten global commercial property markets, London’s has had the highest transaction turnover levels in the world. Its prime real estate is part of every major European and US institutional investor’s portfolio and London’s market has the most developed commercial property derivatives market outside of the US. Yet, no transaction-based index exists for the London office market. The aim of this study is to fill that gap. Using a comprehensive dataset of transactions from Estates Gazette interactive and Real Capital Analytics, this paper analyzes different repeat-sales estimation strategies and noise filters to produce a quarterly index series from the first quarter of 1997 to the fourth quarter of 2011. In addition, the index series is measured against IPD’s London capital valuation series and the Moody’s/RCA New York office market repeat sales index series. Results show that the market turn of the first financial crisis is clearly visible in the transactions-based indices, and that this index leads the capital valuation series by about a year. London’s office market seems to have been affected by the crisis considerably earlier than New York’s market and correlations between the two markets are low.

International Commercial Arbitration in New York edited by James H. Carter and John Fellas

This is a wonderful and important book, composed of 13 comprehensive, descriptive and detailed chapters, each written by a different author, with each chapter devoted to a separate aspect of international commercial arbitration. The volume was edited with meticulous care by James H. Carter, then a partner in the New York office of Sullivan & Cromwell LLP, and John Fellas, a partner in the New York office of Hughes Hubbard & Reed LLP. Every chapter, without exception, adds to our understanding of international arbitration in the United States, and particularly in New York. It will be quite useful for non-American advocates and arbitrators whose work brings them to New York for an international arbitration or who need to know more about the law and procedure of international arbitration in New York. Space does not permit a review of all 13 chapters in this volume. But after several general observations, I...

The risk of uncertainty

In the dim and distant past, when the office had, at most, a single computer, the wrath of the manager was visited upon staff for taking home pens and notebooks. In the modern world, business staff can remove a great deal more. The availability of high-capacity storage media and email makes it relatively easy to take sensitive business information away from the office for good operational reasons. However, when there is a threat that staff members might be losing their jobs in the near future, the temptation to get access to information that might help them find a job with a rival, or even set up business for themselves is heightened, as Wendy Goucher discovers. On 15 September 2008, pictures of Lehman Brothers employees leaving the company's New York office, their possessions in boxes, were flashed across news channels of the world. The question many have asked since is, what information did they take with them? How many, sensing the impending collapse, made preparations and gathered data that could help them find future work and influence?