Mountain House Su Aff
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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| Any | 1 | You | TBD |
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| Mid America Cup | 4 | Basis Independent Silicon Valley SV | Rohit Lakshman |
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| Mid America Cup | 5 | Harker NA | Arianna Nelson |
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| Mid America Cup | 1 | Scarsdale BS | Phoenix Pittman |
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| Nano Nagle Classic | 2 | Archbishop Mitty AB | Joseph Barquin |
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| Nano Nagle Classic | 3 | Lynbrook SM | Vishan Chaudary |
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| Nano Nagle Classic | 6 | Irvington SD | Yardley Rosas |
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| Mid America Cup | 4 | Opponent: Basis Independent Silicon Valley SV | Judge: Rohit Lakshman 1AC - Patent Thicketing |
| Mid America Cup | 5 | Opponent: Harker NA | Judge: Arianna Nelson 1AC - Patent Thicketing |
| Mid America Cup | 1 | Opponent: Scarsdale BS | Judge: Phoenix Pittman 1AC - Patent Thicketing |
| Nano Nagle Classic | 2 | Opponent: Archbishop Mitty AB | Judge: Joseph Barquin 1AC - Patent Thicketing v2 |
| Nano Nagle Classic | 3 | Opponent: Lynbrook SM | Judge: Vishan Chaudary 1AC - Patent Thicketing v3 |
| Nano Nagle Classic | 6 | Opponent: Irvington SD | Judge: Yardley Rosas 1AC - Patent Thicketing v3 |
To modify or delete round reports, edit the associated round.
Cites
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0 - Contact Info and DisclosureTournament: Any | Round: 1 | Opponent: You | Judge: TBD Must Open Source: | 2/11/22 |
JanFeb - 1AC - MarsTournament: Palm Classic | Round: 2 | Opponent: Diamond Bar NC | Judge: Truman Le Palm Classic R2 1AC v Diamond Bar NC1AC: PlanPlan: The appropriation of the planet Mars by private entities is unjust.Current legal regimes fail due to ambiguity, new norms are key.Collins 08. ~David Collins - Lecturer, The City Law School, City University, London, UK. B.A.Hon., J.D.(Toronto), M.Sc., B.C.L. (Oxford)~ 25 April 2008. Boston University Journal of Science and Technology Law, vol. 14. "EFFICIENT ALLOCATION OF REAL PROPERTY RIGHTS ON THE PLANET MARS" Accessed 24 December 2021. https://www.bu.edu/jostl/files/2015/02/Collins_142.pdf L.Su Adv 1: Colonization====SpaceX plans to reach Mars in five years. ==== ====Ambiguities written into the OST greenlight the creation of private settlements on Mars. ==== A Martian colony would inevitably become authoritarian – lack of state oversight means exploitation can't be checked.Spencer 17. ~Keith A. Spencer is a senior editor at Salon who edits Salon's science/health vertical. His book, "A People's History of Silicon Valley: How the Tech Industry Exploits Workers, Erodes Privacy and Undermines Democracy," was released in 2018.~ 8 October 2017. Salon. "Against Mars-a-Lago: Why SpaceX's Mars colonization plan should terrify you." Accessed 24 December 2021. https://www.salon.com/2017/10/08/against-mars-a-lago-why-spacexs-mars-colonization-plan-should-terrify-you/ L. Su ====A Martian legal system led by private entities will differ significantly from the state-led system on Earth. ==== Conflict between Earth and Mars causes extinction—space weapons make credible deterrence impossible.Torres 18. ~Phil Torres @ Project for Future Human Flourishing, 849 South 7th St., Apt. 4A, Philadelphia, PA, 19147, United States~ 2018. Futures, vol. 100, pp. 74-85. "Space colonization and suffering risks: Reassessing the "maxipok rule."" Accessed 25 December 2021. https://www.sciencedirect.com/science/article/abs/pii/S0016328717304056 L. Su, bracketed for ableist language Full Version Plans to terraform Mars using nuclear weapons are seen as a guise for military operations – perceptions alone trigger Russia war.Ekimenko 21. ~Svetlana Ekimenko Svetlana Ekimenko is a Moscow-based Sputnik correspondent specialising in foreign affairs, social issues and science. Previously worked as host for live broadcasts of Radio Sputnik.~ 29 August 2021. Sputnik International. "Russia's Space Chief Warns Pentagon May Use Musk's 'Terraform Mars' Idea to Deploy Nuclear Weapons" Accessed 28 January 2022. https://sputniknews.com/20210829/russias-space-chief-warns-pentagon-may-use-musks-terraform-mars-idea-to-deploy-nuclear-weapons-1083745870.html L. Su US-Russia nuclear war causes extinction.Starr 15. Steven Starr, 8-14-2015, "Nuclear War, Nuclear Winter, and Human Extinction," Federation Of American Scientists, https://fas.org/pir-pubs/nuclear-war-nuclear-winter-and-human-extinction/ ccajs Adv 2: WarmingMusk plans build one thousand Starships and launch three every day within the next 30 years.McFall-Johnson/Mosher 20. ~Morgan is a science reporter at Insider, covering all things space, climate, and infectious disease. Morgan writes about the science and commercialization of space: everything from satellite constellations to gravitational waves to the search for alien life. She has reported extensively on the coronavirus pandemic, starting with inside accounts of the first cruise-ship outbreaks. Her work also extends into climate change and extreme weather. In the months of late summer and fall, you can find her trawling hurricane and wildfire updates. Morgan holds a Bachelor of Science in Journalism from Northwestern University, where she also studied environmental policy and French. She first joined Business Insider as a science-reporting fellow in July 2019. Dave Mosher reported news and features stories about science and technology for Insider, with human and robotic spaceflight as the primary focus of his multimedia storytelling. Mosher joined Insider in April 2015 as a deputy editor to help launch Tech Insider and manage its science desk. He left the company in February 2021. Prior to being an Insider, Mosher directed Popular Science's website, was a Wired contributor, and worked for or with Scientific American, Popular Mechanics, Discover, Space.com, National Geographic News, Discovery Channel, Nature, Science, and other media outlets.~ 17 January 2020. Insider. "Elon Musk says he plans to send 1 million people to Mars by 2050 by launching 3 Starship rockets every day and creating 'a lot of jobs' on the red planet" Accessed 16 January 2022. https://www.businessinsider.com/elon-musk-plans-1-million-people-to-mars-by-2050-2020-1 L.Su Rocket fuel gets released directly into the upper atmosphere—that causes significant warming.Ebbs 12/9. ~Stephanie Ebbs is a reporter/producer at ABC News Climate Unit, Washington, District of Columbia, United States~ 9 December 2021. ABC News. "Experts say climate impact is a question mark if space tourism takes off" Accessed 16 January 2022. https://abcnews.go.com/Technology/experts-climate-impacts-question-mark-space-tourism-takes/story?id=81609878 L. Su Climate change is linear – any reduction of emissions is necessary to limit immense suffering.Wallace-Wells 19. ~David Wallace Wells is an American journalist known for his writings on climate change. He wrote the 2017 essay "The Uninhabitable Earth", which he later expanded into the 2019 book The Uninhabitable Earth.~ 4 February 2019. NYMag. "The Cautious Case for Climate Optimism Believing in a comfortable future for our planet probably means some giant carbon-sucking machines." Accessed 29 October 2020. https://nymag.com/intelligencer/2019/02/book-excerpt-the-uninhabitable-earth-david-wallace-wells.html Santa Monica RE Recut L. Su Warming threatens extinction and magnifies every other existential riskPhil Torres 16, Affiliate Scholar at the Institute for Ethics and Emerging Technologies, and founder of the X-Risks Institute, 7/22/16, "Op-ed: Climate Change Is the Most Urgent Existential Risk," https://futureoflife.org/2016/07/22/climate-change-is-the-most-urgent-existential-risk/ Colonization makes extinction on Earth more likely - multiple scenarios. FramingThe standard is maximizing expected well-being. ~1~ The connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.Blum et al. 18 Kenneth Blum, 1Department of Psychiatry, Boonshoft School of Medicine, Dayton VA Medical Center, Wright State University, Dayton, OH, USA 2Department of Psychiatry, McKnight Brain Institute, University of Florida College of Medicine, Gainesville, FL, USA 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA 5Department of Precision Medicine, Geneus Health LLC, San Antonio, TX, USA 6Department of Addiction Research and Therapy, Nupathways Inc., Innsbrook, MO, USA 7Department of Clinical Neurology, Path Foundation, New York, NY, USA 8Division of Neuroscience-Based Addiction Therapy, The Shores Treatment and Recovery Center, Port Saint Lucie, FL, USA 9Institute of Psychology, Eötvös Loránd University, Budapest, Hungary 10Division of Addiction Research, Dominion Diagnostics, LLC. North Kingston, RI, USA 11Victory Nutrition International, Lederach, PA., USA 12National Human Genome Center at Howard University, Washington, DC., USA, Marjorie Gondré-Lewis, 12National Human Genome Center at Howard University, Washington, DC., USA 13Departments of Anatomy and Psychiatry, Howard University College of Medicine, Washington, DC US, Bruce Steinberg, 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA, Igor Elman, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, David Baron, 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA, Edward J Modestino, 14Department of Psychology, Curry College, Milton, MA, USA, Rajendra D Badgaiyan, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, Mark S Gold 16Department of Psychiatry, Washington University, St. Louis, MO, USA, "Our evolved unique pleasure circuit makes humans different from apes: Reconsideration of data derived from animal studies", U.S. Department of Veterans Affairs, 28 February 2018, accessed: 19 August 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6446569/, R.S. ~2~ Moral uncertainty means preventing extinction should be our highest priority. | 2/12/22 |
SeptOct - 1AC - Patent ThicketingTournament: Mid America Cup | Round: 1 | Opponent: Scarsdale BS | Judge: Phoenix Pittman Adv 1 - Innovation10 year analysis shows decline in innovation for the pharmaceutical industry.Terry and Lesser 19. ~Colin is a Partner in the Life Sciences practice. He has been with Deloitte since 2011 working in the US firm, until 2014 when he moved to the UK practice. Colin's client advisory work in the Life Sciences sector ranges across strategy and operations focused on the RandD function including operating model development and implementation as well as post-merger integration (PMI). These engagements have been serving client Boards and their senior leadership teams in RandD, Commercial and Supply Chain. Neil is a principal with Deloitte Consulting LLP in the Life Sciences strategy practice and a leader in the Research and Development strategy practice. He joined Deloitte in 1998 and works with life sciences executives creating and implementing strategies that drive productivity, efficiency, and value. He leads strategy, operating model design, productivity improvement, and large transformation initiatives within RandD and Regulatory Affairs. Neil is a frequent writer and speaker on RandD productivity.~ 2019. Deloitte. "Ten Years On: Measuring the return from pharmaceutical innovation 2019." Accessed 22 September 2021. https://www2.deloitte.com/content/dam/Deloitte/uk/Documents/life-sciences-health-care/deloitte-uk-ten-years-on-measuring-return-on-pharma-innovation-report-2019.pdf MHES Patent thickets have created a tragedy of the anticommons – overlapping patent ownership results in underuse of biomedical inventions.Heller and Eisenberg 98. ~At Columbia, Heller is the Lawrence A. Wien Professor of Real Estate Law, and he has served as the Vice Dean for Intellectual Life. Before joining Columbia Law in 2002, Heller taught at the University of Michigan Law School where he received the L. Hart Wright Award for excellence in teaching. He has taught at NYU, UCLA, and Yale Law Schools and was a fellow at the Center for Advanced Study in the Behavioral Sciences. Prior to entering academia, he worked at the World Bank on post-socialist legal transition. Heller served as a law clerk for Judge James Browning of the 9th Circuit Court of Appeals. Rebecca S. Eisenberg, the Robert and Barbara Luciano Professor of Law, specializes in patent law and the regulation of biopharmaceutical innovation. She teaches courses about patent law, trademark law, international intellectual property law, and FDA law, and runs workshops about intellectual property and student scholarship. She has written and lectured extensively about the role of intellectual property in biopharmaceutical research, publishing in leading law reviews and scientific journals. She spent the 1999–2000 academic year as a visiting professor of law, science, and technology at Stanford Law School and the spring of 2012 as a visiting scholar at the Berkeley Center for Law and Technology. Professor Eisenberg has played an active role in public policy debates concerning the role of intellectual property in biopharmaceutical research, advising the National Institutes of Health and the National Academies of Science. She practiced law as a litigator in San Francisco. She joined the Michigan Law faculty in 1984.~ 1 May 1998. Science Magazine, vol. 280, pp. 698-701. "Can Patents Deter Innovation? The Anticommons in Biomedical Research" Accessed 7 September 2021. DOI: 10.1126/SCIENCE.280.5364.698 MHES It's empirically proven – patent thickets deck innovation and prevent access to commercially viable drugs.Woolman et al 13. ~Professor Stu Woolman is Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development, University of the Witwatersrand Graduate School of Business Administration and Academic Director, Colloquia and Symposia, South African Institute for Advanced Constitutional, Public, Human Rights and International Law. He received his BA from Wesleyan University, his MA from Columbia University, his JD from Columbia Law School, and his PhD from the University of Pretoria. Dr. Elliott Fishman is Chief Executive Officer of Astrina Capital. He was, until recently, an Assistant Professor at the Howe School of Technology Management, Stevens Institute of Technology. He received his BSE from Duke University; his MBA from The Wharton School, University of Pennsylvania; and his PhD from the University of Pennsylvania. * Dr. Michael Fisher is an Associate at Dechert LLP. He received his BS and MS from the University of Rochester, his JD from Columbia Law School, and his PhD from the University of Rochester.~ 27 January 2013. The Intellectual Property Law Review, vol. 53, no. 1, pp. 1-38. "EVIDENCE OF PATENT THICKETS IN COMPLEX BIOPHARMACEUTICAL TECHNOLOGIES" Accessed 5 September 2021. https://ipmall.law.unh.edu/sites/default/files/hosted_resources/IDEA/idea-vol53-no1-woolman-fishman-fisher.pdf MHES Pharmaceutical innovation key to combat antibiotic-resistant bacteria.Bagozzi et al 20. ~Daniela Bagozzi — Senior Information Officer, Tarik Jasarevic—Spokesperson / Media Relations, Fadela Chaib—Communications Officer and Spokesperson~ 17 January 2020. World Health Organization. "Lack of new antibiotics threatens global efforts to contain drug-resistant infections." Accessed 22 September 2021. https://www.who.int/news/item/17-01-2020-lack-of-new-antibiotics-threatens-global-efforts-to-contain-drug-resistant-infections** MHES Antimicrobial resistance is an existential threat, it's nonlinear, and has an invisible tipping pointSilverman '16 (Rachel Silverman – MPhil with Distinction in Public Health @ the University of Cambridge, Senior Policy Analyst and Assistant Director of Global Health Policy @ the Center for Global Development, focusing on global health financing and incentive structures, "Confronting Antimicrobial Resistance: Can We Get to Collective Action?" 19 April 2016, https://www.cgdev.org/blog/confronting-antimicrobial-resistance-can-we-get-collective-action) Adv 2 - ChinaThickets lock in monopolies, deterring biosimilars and their domestic manufacture.Brill and Robinson 5/24. ~Alex Brill is the CEO of Matrix Global Advisors (MGA). He previously served on the staff of the House Ways and Means Committee and the White House Council of Economic Advisers. Christy Robinson is a director at MGA.~ 24 May 2021. Matrix Global Advisors. "How Patent Thickets Constrain the US Biosimilars Market and Domestic Manufacturing" Accessed 12 September 2021. http://getmga.com/wp-content/uploads/2021/05/PatentThickets_May2021_FINAL.pdf MHES US has become heavily dependent on China for the production of generics.Ferry 20. ~Jeff Ferry is chief economist at the Coalition for a Prosperous America (CPA).~ 17 March 2020. Industry Week. "It's Time To Rebuild Domestic Drug Production in the US, for Both Health and Economic Reasons" Accessed 12 September 2021. https://www.industryweek.com/the-economy/article/21126380/its-time-to-rebuild-domestic-drug-production-in-the-us-for-both-health-and-economic-reasons MHES Control over the US drug industry gives China a strategic advantage and risks nuclear war.Strom and Schell 19. ~Holly Strom is a past president of the California State Pharmacy Board and the CEO of Strom and Associates LLC. Kenneth Schell is a past president of the California State Pharmacy Board and the COO of Strom and Associates LLC.~ 1 October 2019. US News. "The Other U.S. Prescription Drug Problem." Accessed 18 September 2021. https://www.usnews.com/news/best-countries/articles/2019-10-01/commentary-us-reliance-on-china-for-generic-drugs-is-a-security-threat MHES Nuclear war causes extinction.Starr 15. Steven Starr, 8-14-2015, "Nuclear War, Nuclear Winter, and Human Extinction," Federation Of American Scientists, https://fas.org/pir-pubs/nuclear-war-nuclear-winter-and-human-extinction/ ccajs SolvencyPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by providing drug innovators a single period of exclusivity for their drug.The aff solves patent thicketing via a one-and-done approach to IP protection for medicine.Feldman 19. ~Robin Feldman is professor of law and director of the Institute for Innovation Law at UC Hastings College of the Law in San Francisco and author of "Drugs, Money, and Secret Handshakes" (Cambridge University Press, March 2019).~ 11 February 2019. Stat News. "'One-and-done' for new drugs could cut patent thickets and boost generic competition" Accessed 5 September 2021. https://www.statnews.com/2019/02/11/drug-patent-protection-one-done/ re-cut MHES Reshoring manufacturing operations is key to US job creation and ensuring national security.Ferry 2. ~Jeff Ferry is chief economist at the Coalition for a Prosperous America (CPA).~ 17 March 2020. Industry Week. "It's Time To Rebuild Domestic Drug Production in the US, for Both Health and Economic Reasons" Accessed 12 September 2021. https://www.industryweek.com/the-economy/article/21126380/its-time-to-rebuild-domestic-drug-production-in-the-us-for-both-health-and-economic-reasons MHES FramingThe standard is maximizing expected well-being. ~1~ The connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.Blum et al. 18 Kenneth Blum, 1Department of Psychiatry, Boonshoft School of Medicine, Dayton VA Medical Center, Wright State University, Dayton, OH, USA 2Department of Psychiatry, McKnight Brain Institute, University of Florida College of Medicine, Gainesville, FL, USA 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA 5Department of Precision Medicine, Geneus Health LLC, San Antonio, TX, USA 6Department of Addiction Research and Therapy, Nupathways Inc., Innsbrook, MO, USA 7Department of Clinical Neurology, Path Foundation, New York, NY, USA 8Division of Neuroscience-Based Addiction Therapy, The Shores Treatment and Recovery Center, Port Saint Lucie, FL, USA 9Institute of Psychology, Eötvös Loránd University, Budapest, Hungary 10Division of Addiction Research, Dominion Diagnostics, LLC. North Kingston, RI, USA 11Victory Nutrition International, Lederach, PA., USA 12National Human Genome Center at Howard University, Washington, DC., USA, Marjorie Gondré-Lewis, 12National Human Genome Center at Howard University, Washington, DC., USA 13Departments of Anatomy and Psychiatry, Howard University College of Medicine, Washington, DC US, Bruce Steinberg, 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA, Igor Elman, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, David Baron, 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA, Edward J Modestino, 14Department of Psychology, Curry College, Milton, MA, USA, Rajendra D Badgaiyan, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, Mark S Gold 16Department of Psychiatry, Washington University, St. Louis, MO, USA, "Our evolved unique pleasure circuit makes humans different from apes: Reconsideration of data derived from animal studies", U.S. Department of Veterans Affairs, 28 February 2018, accessed: 19 August 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6446569/, R.S. ~2~ Moral uncertainty means preventing extinction should be our highest priority. | 9/26/21 |
SeptOct - 1AC - Patent Thicketing v2Tournament: Nano Nagle Classic | Round: 2 | Opponent: Archbishop Mitty AB | Judge: Joseph Barquin 10 year analysis shows decline in innovation for the pharmaceutical industry.Terry and Lesser 19. ~Colin is a Partner in the Life Sciences practice. He has been with Deloitte since 2011 working in the US firm, until 2014 when he moved to the UK practice. Colin's client advisory work in the Life Sciences sector ranges across strategy and operations focused on the RandD function including operating model development and implementation as well as post-merger integration (PMI). These engagements have been serving client Boards and their senior leadership teams in RandD, Commercial and Supply Chain. Neil is a principal with Deloitte Consulting LLP in the Life Sciences strategy practice and a leader in the Research and Development strategy practice. He joined Deloitte in 1998 and works with life sciences executives creating and implementing strategies that drive productivity, efficiency, and value. He leads strategy, operating model design, productivity improvement, and large transformation initiatives within RandD and Regulatory Affairs. Neil is a frequent writer and speaker on RandD productivity.~ 2019. Deloitte. "Ten Years On: Measuring the return from pharmaceutical innovation 2019." Accessed 22 September 2021. https://www2.deloitte.com/content/dam/Deloitte/uk/Documents/life-sciences-health-care/deloitte-uk-ten-years-on-measuring-return-on-pharma-innovation-report-2019.pdf MHES Big pharma has manipulated the patent system into a rewards system for marginal improvements in order to avoid competitors.Nawrat 19. ~Allie Nawrat is a journalist at UNLEASH. Allie started her career as a business journalist writing about innovation in the pharma and medtech industries with a particular focus on how breakthroughs transform the lives of those in need. She learned how crucial technology was to these transformations and therefore became keen to further explore how it could also disrupt not just our health, and the way we live, but the way we work. Allie's work has been featured in Pharma Tech Focus, Medical Technology Magazine, Verdict.co.uk, and Glass Magazine.~ 11 November 2019. Pharmaceutical Technology. "From evergreening to thicketing: exploring the manipulation of pharma patents." Accessed 4 October 2021. https://www.pharmaceutical-technology.com/features/pharma-patents-manpulation/ MHES Patent thickets have created a tragedy of the anticommons – overlapping patent ownership results in underuse of biomedical inventions.Heller and Eisenberg 98. ~At Columbia, Heller is the Lawrence A. Wien Professor of Real Estate Law, and he has served as the Vice Dean for Intellectual Life. Before joining Columbia Law in 2002, Heller taught at the University of Michigan Law School where he received the L. Hart Wright Award for excellence in teaching. He has taught at NYU, UCLA, and Yale Law Schools and was a fellow at the Center for Advanced Study in the Behavioral Sciences. Prior to entering academia, he worked at the World Bank on post-socialist legal transition. Heller served as a law clerk for Judge James Browning of the 9th Circuit Court of Appeals. Rebecca S. Eisenberg, the Robert and Barbara Luciano Professor of Law, specializes in patent law and the regulation of biopharmaceutical innovation. She teaches courses about patent law, trademark law, international intellectual property law, and FDA law, and runs workshops about intellectual property and student scholarship. She has written and lectured extensively about the role of intellectual property in biopharmaceutical research, publishing in leading law reviews and scientific journals. She spent the 1999–2000 academic year as a visiting professor of law, science, and technology at Stanford Law School and the spring of 2012 as a visiting scholar at the Berkeley Center for Law and Technology. Professor Eisenberg has played an active role in public policy debates concerning the role of intellectual property in biopharmaceutical research, advising the National Institutes of Health and the National Academies of Science. She practiced law as a litigator in San Francisco. She joined the Michigan Law faculty in 1984.~ 1 May 1998. Science Magazine, vol. 280, pp. 698-701. "Can Patents Deter Innovation? The Anticommons in Biomedical Research" Accessed 7 September 2021. DOI: 10.1126/SCIENCE.280.5364.698 MHES High costs and uncertainty make challenging patents unlikely, allowing monopolies to be preserved.Brill/Robinson 5/24. ~Alex Brill is the CEO of Matrix Global Advisors (MGA). He previously served on the staff of the House Ways and Means Committee and the White House Council of Economic Advisers. Christy Robinson is a director at MGA.~ 24 May 2021. Matrix Global Advisors. "How Patent Thickets Constrain the US Biosimilars Market and Domestic Manufacturing" Accessed 12 September 2021. http://getmga.com/wp-content/uploads/2021/05/PatentThickets_May2021_FINAL.pdf MHES It's empirically proven – patent thickets deck innovation and prevent access to commercially viable drugs.Woolman et al 13. ~Professor Stu Woolman is Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development, University of the Witwatersrand Graduate School of Business Administration and Academic Director, Colloquia and Symposia, South African Institute for Advanced Constitutional, Public, Human Rights and International Law. He received his BA from Wesleyan University, his MA from Columbia University, his JD from Columbia Law School, and his PhD from the University of Pretoria. Dr. Elliott Fishman is Chief Executive Officer of Astrina Capital. He was, until recently, an Assistant Professor at the Howe School of Technology Management, Stevens Institute of Technology. He received his BSE from Duke University; his MBA from The Wharton School, University of Pennsylvania; and his PhD from the University of Pennsylvania. * Dr. Michael Fisher is an Associate at Dechert LLP. He received his BS and MS from the University of Rochester, his JD from Columbia Law School, and his PhD from the University of Rochester.~ 27 January 2013. The Intellectual Property Law Review, vol. 53, no. 1, pp. 1-38. "EVIDENCE OF PATENT THICKETS IN COMPLEX BIOPHARMACEUTICAL TECHNOLOGIES" Accessed 5 September 2021. https://ipmall.law.unh.edu/sites/default/files/hosted_resources/IDEA/idea-vol53-no1-woolman-fishman-fisher.pdf MHES Pharmaceutical innovation key to combat antibiotic-resistant bacteria.Bagozzi et al 20. ~Daniela Bagozzi — Senior Information Officer, Tarik Jasarevic—Spokesperson / Media Relations, Fadela Chaib—Communications Officer and Spokesperson~ 17 January 2020. World Health Organization. "Lack of new antibiotics threatens global efforts to contain drug-resistant infections." Accessed 22 September 2021. https://www.who.int/news/item/17-01-2020-lack-of-new-antibiotics-threatens-global-efforts-to-contain-drug-resistant-infections** MHES Antimicrobial resistance is an existential threat, it's nonlinear, and has an invisible tipping pointSilverman '16 (Rachel Silverman – MPhil with Distinction in Public Health @ the University of Cambridge, Senior Policy Analyst and Assistant Director of Global Health Policy @ the Center for Global Development, focusing on global health financing and incentive structures, "Confronting Antimicrobial Resistance: Can We Get to Collective Action?" 19 April 2016, https://www.cgdev.org/blog/confronting-antimicrobial-resistance-can-we-get-collective-action) SolvencyPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by providing drug innovators a single period of exclusivity for their drug.The aff solves patent thicketing via a one-and-done approach to IP protection for medicine.Feldman 19. ~Robin Feldman is professor of law and director of the Institute for Innovation Law at UC Hastings College of the Law in San Francisco and author of "Drugs, Money, and Secret Handshakes" (Cambridge University Press, March 2019).~ 11 February 2019. Stat News. "'One-and-done' for new drugs could cut patent thickets and boost generic competition" Accessed 5 September 2021. https://www.statnews.com/2019/02/11/drug-patent-protection-one-done/ re-cut MHES Alternatives fail in incentivizing innovation; patent reform key.Gubby 19. ~Helen Gubby trained as a lawyer in England, where she was called to the Bar, and has worked as an advocate for a top Dutch law firm. She has a Ph.D. in law. She teaches business law, and patent law and strategy for managers in the RSM and English legal terminology in the Erasmus School of Law.~ 6 September 2019. Global Policy, vol. 11, no. 1, pp. 46-55. "Is the Patent System a Barrier to Inclusive Prosperity? The Biomedical Perspective." Accessed 4 October 2021. https://onlinelibrary.wiley.com/doi/full/10.1111/1758-5899.12730 MHES FramingThe standard is maximizing expected well-being.~1~ The connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.Blum et al. 18 Kenneth Blum, 1Department of Psychiatry, Boonshoft School of Medicine, Dayton VA Medical Center, Wright State University, Dayton, OH, USA 2Department of Psychiatry, McKnight Brain Institute, University of Florida College of Medicine, Gainesville, FL, USA 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA 5Department of Precision Medicine, Geneus Health LLC, San Antonio, TX, USA 6Department of Addiction Research and Therapy, Nupathways Inc., Innsbrook, MO, USA 7Department of Clinical Neurology, Path Foundation, New York, NY, USA 8Division of Neuroscience-Based Addiction Therapy, The Shores Treatment and Recovery Center, Port Saint Lucie, FL, USA 9Institute of Psychology, Eötvös Loránd University, Budapest, Hungary 10Division of Addiction Research, Dominion Diagnostics, LLC. North Kingston, RI, USA 11Victory Nutrition International, Lederach, PA., USA 12National Human Genome Center at Howard University, Washington, DC., USA, Marjorie Gondré-Lewis, 12National Human Genome Center at Howard University, Washington, DC., USA 13Departments of Anatomy and Psychiatry, Howard University College of Medicine, Washington, DC US, Bruce Steinberg, 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA, Igor Elman, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, David Baron, 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA, Edward J Modestino, 14Department of Psychology, Curry College, Milton, MA, USA, Rajendra D Badgaiyan, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, Mark S Gold 16Department of Psychiatry, Washington University, St. Louis, MO, USA, "Our evolved unique pleasure circuit makes humans different from apes: Reconsideration of data derived from animal studies", U.S. Department of Veterans Affairs, 28 February 2018, accessed: 19 August 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6446569/, R.S. ~2~ Moral uncertainty means preventing extinction should be our highest priority.Bostrom 12 ~Nick Bostrom. Faculty of Philosophy and Oxford Martin School University of Oxford. "Existential Risk Prevention as Global Priority." Global Policy (2012)~ https://www.existential-risk.org/concept.html~~#:~~:text=Existential20Risk20Prevention20as20Global20Priority20ABSTRACT3A20Existential,in20net20existential20risk20have20enormous20expected20value. 2 impacts:1~ Ground - a~ Both debaters have accessible ground under util (DAs, Advantages, etc) b~ all impacts can function under util - k2 fairness since we both need some sort of offense to win2~ Predictability - most authors assume utilitarianism when writing articles—they're tailored to the general public - k2 fairness and education since we need research in order to engage in the round | 10/9/21 |
SeptOct - 1AC - Patent Thicketing v3Tournament: Nano Nagle Classic | Round: 3 | Opponent: Lynbrook SM | Judge: Vishan Chaudary 10 year analysis shows decline in innovation for the pharmaceutical industry.Terry and Lesser 19. ~Colin is a Partner in the Life Sciences practice. He has been with Deloitte since 2011 working in the US firm, until 2014 when he moved to the UK practice. Colin's client advisory work in the Life Sciences sector ranges across strategy and operations focused on the RandD function including operating model development and implementation as well as post-merger integration (PMI). These engagements have been serving client Boards and their senior leadership teams in RandD, Commercial and Supply Chain. Neil is a principal with Deloitte Consulting LLP in the Life Sciences strategy practice and a leader in the Research and Development strategy practice. He joined Deloitte in 1998 and works with life sciences executives creating and implementing strategies that drive productivity, efficiency, and value. He leads strategy, operating model design, productivity improvement, and large transformation initiatives within RandD and Regulatory Affairs. Neil is a frequent writer and speaker on RandD productivity.~ 2019. Deloitte. "Ten Years On: Measuring the return from pharmaceutical innovation 2019." Accessed 22 September 2021. https://www2.deloitte.com/content/dam/Deloitte/uk/Documents/life-sciences-health-care/deloitte-uk-ten-years-on-measuring-return-on-pharma-innovation-report-2019.pdf MHES Big pharma has manipulated the patent system into a rewards system for marginal improvements in order to avoid competitors.Nawrat 19. ~Allie Nawrat is a journalist at UNLEASH. Allie started her career as a business journalist writing about innovation in the pharma and medtech industries with a particular focus on how breakthroughs transform the lives of those in need. She learned how crucial technology was to these transformations and therefore became keen to further explore how it could also disrupt not just our health, and the way we live, but the way we work. Allie's work has been featured in Pharma Tech Focus, Medical Technology Magazine, Verdict.co.uk, and Glass Magazine.~ 11 November 2019. Pharmaceutical Technology. "From evergreening to thicketing: exploring the manipulation of pharma patents." Accessed 4 October 2021. https://www.pharmaceutical-technology.com/features/pharma-patents-manpulation/ MHES Patent thickets have created a tragedy of the anticommons – overlapping patent ownership results in underuse of biomedical inventions.Heller and Eisenberg 98. ~At Columbia, Heller is the Lawrence A. Wien Professor of Real Estate Law, and he has served as the Vice Dean for Intellectual Life. Before joining Columbia Law in 2002, Heller taught at the University of Michigan Law School where he received the L. Hart Wright Award for excellence in teaching. He has taught at NYU, UCLA, and Yale Law Schools and was a fellow at the Center for Advanced Study in the Behavioral Sciences. Prior to entering academia, he worked at the World Bank on post-socialist legal transition. Heller served as a law clerk for Judge James Browning of the 9th Circuit Court of Appeals. Rebecca S. Eisenberg, the Robert and Barbara Luciano Professor of Law, specializes in patent law and the regulation of biopharmaceutical innovation. She teaches courses about patent law, trademark law, international intellectual property law, and FDA law, and runs workshops about intellectual property and student scholarship. She has written and lectured extensively about the role of intellectual property in biopharmaceutical research, publishing in leading law reviews and scientific journals. She spent the 1999–2000 academic year as a visiting professor of law, science, and technology at Stanford Law School and the spring of 2012 as a visiting scholar at the Berkeley Center for Law and Technology. Professor Eisenberg has played an active role in public policy debates concerning the role of intellectual property in biopharmaceutical research, advising the National Institutes of Health and the National Academies of Science. She practiced law as a litigator in San Francisco. She joined the Michigan Law faculty in 1984.~ 1 May 1998. Science Magazine, vol. 280, pp. 698-701. "Can Patents Deter Innovation? The Anticommons in Biomedical Research" Accessed 7 September 2021. DOI: 10.1126/SCIENCE.280.5364.698 MHES High costs and uncertainty make challenging patents unlikely, allowing monopolies to be preserved.Brill/Robinson 5/24. ~Alex Brill is the CEO of Matrix Global Advisors (MGA). He previously served on the staff of the House Ways and Means Committee and the White House Council of Economic Advisers. Christy Robinson is a director at MGA.~ 24 May 2021. Matrix Global Advisors. "How Patent Thickets Constrain the US Biosimilars Market and Domestic Manufacturing" Accessed 12 September 2021. http://getmga.com/wp-content/uploads/2021/05/PatentThickets_May2021_FINAL.pdf MHES It's empirically proven – patent thickets deck innovation and prevent access to commercially viable drugs.Woolman et al 13. ~Professor Stu Woolman is Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development, University of the Witwatersrand Graduate School of Business Administration and Academic Director, Colloquia and Symposia, South African Institute for Advanced Constitutional, Public, Human Rights and International Law. He received his BA from Wesleyan University, his MA from Columbia University, his JD from Columbia Law School, and his PhD from the University of Pretoria. Dr. Elliott Fishman is Chief Executive Officer of Astrina Capital. He was, until recently, an Assistant Professor at the Howe School of Technology Management, Stevens Institute of Technology. He received his BSE from Duke University; his MBA from The Wharton School, University of Pennsylvania; and his PhD from the University of Pennsylvania. * Dr. Michael Fisher is an Associate at Dechert LLP. He received his BS and MS from the University of Rochester, his JD from Columbia Law School, and his PhD from the University of Rochester.~ 27 January 2013. The Intellectual Property Law Review, vol. 53, no. 1, pp. 1-38. "EVIDENCE OF PATENT THICKETS IN COMPLEX BIOPHARMACEUTICAL TECHNOLOGIES" Accessed 5 September 2021. https://ipmall.law.unh.edu/sites/default/files/hosted_resources/IDEA/idea-vol53-no1-woolman-fishman-fisher.pdf MHES Pharmaceutical innovation key to combat antibiotic-resistant bacteria.Bagozzi et al 20. ~Daniela Bagozzi — Senior Information Officer, Tarik Jasarevic—Spokesperson / Media Relations, Fadela Chaib—Communications Officer and Spokesperson~ 17 January 2020. World Health Organization. "Lack of new antibiotics threatens global efforts to contain drug-resistant infections." Accessed 22 September 2021. https://www.who.int/news/item/17-01-2020-lack-of-new-antibiotics-threatens-global-efforts-to-contain-drug-resistant-infections** MHES Antimicrobial resistance is an existential threat, it's nonlinear, and has an invisible tipping pointSilverman '16 (Rachel Silverman – MPhil with Distinction in Public Health @ the University of Cambridge, Senior Policy Analyst and Assistant Director of Global Health Policy @ the Center for Global Development, focusing on global health financing and incentive structures, "Confronting Antimicrobial Resistance: Can We Get to Collective Action?" 19 April 2016, https://www.cgdev.org/blog/confronting-antimicrobial-resistance-can-we-get-collective-action) SolvencyPlan: The member nations of the World Trade Organization ought to reduce intellectual property protections for medicines by providing drug innovators a single period of exclusivity for their drug.The aff solves patent thicketing via a one-and-done approach to IP protection for medicine.Feldman 19. ~Robin Feldman is professor of law and director of the Institute for Innovation Law at UC Hastings College of the Law in San Francisco and author of "Drugs, Money, and Secret Handshakes" (Cambridge University Press, March 2019).~ 11 February 2019. Stat News. "'One-and-done' for new drugs could cut patent thickets and boost generic competition" Accessed 5 September 2021. https://www.statnews.com/2019/02/11/drug-patent-protection-one-done/ re-cut MHES Alternatives fail in incentivizing innovation; patent reform key.Gubby 19. ~Helen Gubby trained as a lawyer in England, where she was called to the Bar, and has worked as an advocate for a top Dutch law firm. She has a Ph.D. in law. She teaches business law, and patent law and strategy for managers in the RSM and English legal terminology in the Erasmus School of Law.~ 6 September 2019. Global Policy, vol. 11, no. 1, pp. 46-55. "Is the Patent System a Barrier to Inclusive Prosperity? The Biomedical Perspective." Accessed 4 October 2021. https://onlinelibrary.wiley.com/doi/full/10.1111/1758-5899.12730 MHES FramingThe standard is maximizing expected well-being.~1~ The connection between pain and pleasure and phenomenal conceptions of intrinsic value and disvalue is irrefutable – everything else regresses – robust neuroscience proves.Blum et al. 18 Kenneth Blum, 1Department of Psychiatry, Boonshoft School of Medicine, Dayton VA Medical Center, Wright State University, Dayton, OH, USA 2Department of Psychiatry, McKnight Brain Institute, University of Florida College of Medicine, Gainesville, FL, USA 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA 5Department of Precision Medicine, Geneus Health LLC, San Antonio, TX, USA 6Department of Addiction Research and Therapy, Nupathways Inc., Innsbrook, MO, USA 7Department of Clinical Neurology, Path Foundation, New York, NY, USA 8Division of Neuroscience-Based Addiction Therapy, The Shores Treatment and Recovery Center, Port Saint Lucie, FL, USA 9Institute of Psychology, Eötvös Loránd University, Budapest, Hungary 10Division of Addiction Research, Dominion Diagnostics, LLC. North Kingston, RI, USA 11Victory Nutrition International, Lederach, PA., USA 12National Human Genome Center at Howard University, Washington, DC., USA, Marjorie Gondré-Lewis, 12National Human Genome Center at Howard University, Washington, DC., USA 13Departments of Anatomy and Psychiatry, Howard University College of Medicine, Washington, DC US, Bruce Steinberg, 4Division of Applied Clinical Research and Education, Dominion Diagnostics, LLC, North Kingstown, RI, USA, Igor Elman, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, David Baron, 3Department of Psychiatry and Behavioral Sciences, Keck Medicine University of Southern California, Los Angeles, CA, USA, Edward J Modestino, 14Department of Psychology, Curry College, Milton, MA, USA, Rajendra D Badgaiyan, 15Department Psychiatry, Cooper University School of Medicine, Camden, NJ, USA, Mark S Gold 16Department of Psychiatry, Washington University, St. Louis, MO, USA, "Our evolved unique pleasure circuit makes humans different from apes: Reconsideration of data derived from animal studies", U.S. Department of Veterans Affairs, 28 February 2018, accessed: 19 August 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6446569/, R.S. ~2~ Moral uncertainty means preventing extinction should be our highest priority.Bostrom 12 ~Nick Bostrom. Faculty of Philosophy and Oxford Martin School University of Oxford. "Existential Risk Prevention as Global Priority." Global Policy (2012)~ https://www.existential-risk.org/concept.html~~#:~~:text=Existential20Risk20Prevention20as20Global20Priority20ABSTRACT3A20Existential,in20net20existential20risk20have20enormous20expected20value. 2 impacts:1~ Ground - a~ Both debaters have accessible ground under util (DAs, Advantages, etc) b~ all impacts can function under util - k2 fairness since we both need some sort of offense to win2~ Predictability - most authors assume utilitarianism when writing articles—they're tailored to the general public - k2 fairness and education since we need research in order to engage in the roundUnderview~1~ 1AR Theory – a) AFF gets it because otherwise the neg can engage in infinite harm, making debate impossible, b) drop the debater – the 1AR is too short for theory and substance so ballot implications are key to check, c) no RVIs – they can stick me with 6min of answers to a short arg and make the 2AR impossible, d) competing interps – 1AR interps aren't bidirectional and the neg should have to defend their norm since they have more time. e) Aff theory comes first - it's a much larger strategic loss because 1min is ¼ of the 1AR vs 1/7 of the 1NC which means there's more harm if I'm devoting a larger fraction of time.~2~ Aff RVIs – a) Skew – no 2AC for carded offense which means that they invest more time into substance and theory. The crowded 1AR can't cover both sufficiently making rounds structurally neg skewed. Give aff RVI to make up for time with ballot accessMethod~1~ Pluralism is good.Bleiker 14 – (6/17, Roland, Professor of International Relations at the University of Queensland, "International Theory Between Reification and Self-Reflective Critique," International Studies Review, Volume 16, Issue 2, pages 325–327) | 10/9/21 |
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