Over 200 years ago, Thomas Jefferson introduced America's first Patent Act.¹ The Act introduced the use of intellectual property rights to foster and reward human creativity. However, Jefferson and the Act's other authors were conscious that unchecked extension of these new rights could also harm society by unduly restricting the spread and use of new inventions. Accordingly, they placed limits upon what subject matter could be patented.

Introduction

Trade associations and other representatives of regulated entities frequently decry federal agencies' use of guidance documents and the like in lieu of notice-and-comment rulemaking.² The U.S. Congress has denounced such "back-door regulation,"³ and even public interest groups and individuals will sue over "de facto" or "spurious" rules when it suits their purposes.⁴

The Lessons Learned Report: A Time to Reassess

An informed and active civil society plays an integral role in realizing sustainable development. Involving citizens,¹ nongovernmental organizations (NGOs), and businesses expands the knowledge base and resources for developing laws and policies, as well as improving compliance and enforcement. Public involvement can identify problems at an early stage, allowing them to be addressed while options are still open.

Introduction

[EDITOR'S NOTE: PART 2 OF 2. THIS DOCUMENT HAS BEEN SPLIT INTO MULTIPLE PARTS ON LEXIS TO ACCOMMODATE ITS LARGE SIZE. EACH PART CONTAINS THE SAME CITE.]

Genencor International

Introduction

The recent bankruptcy of one-time energy giant Enron Corporation and its impact on the lives of employees and investors has spawned no less than six congressional investigations, four government probes, and countless news articles, editorials, and kitchen table discussions on the nature of corporate responsibility, governance, finance, and accounting.

In 1992, Drs. Arnold Schecter and Daniel Teitelbaum, two highly qualified scientists, testified that polychlorinated biphenyls (PCBs), together with certain dioxins and furans that were PCB derivatives, could have accelerated cancer in a 37-year-old electrician who, as part of his job, had bathed daily for many years in a "PCB-dielectric soup." Although Drs. Schechter and Teitelbaum had carefully described their data, methodologies, and scientific reasoning, in 1997, the U.S. Supreme Court, in General Electric Co. v.