Tth Edition 3rd Edition

Vol. 4 No. 2 | Melbourne

The International Journal of Science, Society, and Law

THE SCIENCE IN SOCIETY REVIEW A PRODUCTION OF THE TRIPLE HELIX

Brain Scans: Valid Legal Evidence for Criminals? Air-Conditioned Earth Bits, Bytes, and Property Rights

China’s Economic and Environmental Footprints in Africa How 21st century colonialism is marring the African landscape

ASU • Berkeley • Brown • C a mbrid g e • C M U • C orn e ll • Da rtmou th G e o r get own • Harvard • JH U • LSE • No rth w e s te rn • NU S • Ox fo rd • P e n n • UC hi c a g o UCL • UNC Ch ap el H ill • U n iv e rs ity of Me lbou rn e • U C S D • Y a le

EXECUTIVE MANAGEMENT TEAM Chief Executive Officer: Manisha Bhattacharya Executive Editor-in-Chief: Nicky Chopra Executive Production Editors: Bradley French, Kaitlyn Mitchell, Kim-Yen Nguyen Editor-in-Chief, E-publishing: Sheila Prakash Chief Operating Officer, North America: Arjun Naskar Chief Operating Officer, Europe: James Shepherd

Senior Production Editors: Franny Buderman, June Lam, Clara Lee Production Editors: Amanda Chu, Rebecca Daley, Caitlin Date, Abubakar Jalloh E-PUBLISHING & TECHNOLOGY DIVISION Associate Editors: Soniya Tambe, Jennie Wang, Budri, Abubaker-Sharif

Graphics Editors: Garrett Leonard Mutimedia Director: Nikhil Shyam Technology Directors: Basil Carr

Chief Operating Officer, Australia: Kym Huynh

BOARD OF DIRECTORS

Chief Technical Officer: Travis Portz NORTH AMERICA DIVISION Executive Director, Chapter Operations: James Lin Executive Director, Business Development: Anshul Parulkar Business and Marketing Division: Vivian Jiang, Soniya Tambe, Jenny Lee OTHER DIVISIONS: Europe Executive Director, Business Development: Michelle Lam Asia Executive Director, Internal Affairs: Chan Hei Ching Australia Executive Director, Business: Donald Tsang GLOBAL LITERARY & PRODUCTION Senior Literary Editors: Garrett R. Leonard, Nicky Chopra, Ruchira Srinivasakrishnan, Patty Satkiewicz, Lena Wang Managing Production Editors: Vivian Cheng, Elise Christensen, Caroline Srisarajivakul, Michael Turchin, Yang Zhang

A global forum for science in society

Assistant Editors: Aris Baras

Chief Operating Officer, Asia: Kevin Pye Phyo Nay Yaung

Chief Internal Affairs Officer: Ani Ramesh

THE TRIPLE HELIX

Chairman: Kevin Hwang Vice Chairman: Erwin Wang Secretary: Melissa Matarese Alumni Chair: Joel Gabre Finance Chair: Kalil Abdullah Chapter List Brown University Harvard University Dartmouth University Yale University Georgetown University University of North Carolina, Chapel Hill University of California, San Diego University of Chicago University of California, Berkeley University of Pennsylvania John Hopkins University Northwestern University Carnegie Mellon University Arizona State University Cornell University Massachusetts Institute of Technology Cambridge University London School of Economics Oxford University University College London National University of Singapore Peking University Hong Kong University University of Melbourne University of Sydney Monash University

©2007 The Triple Helix, Inc. All rights reserved. The Triple Helix at the University of Melbourne is an independent chapter of The Triple Helix, Inc., an educational 501(c)3 non-profit corporation. The Triple Helix at the University of Melbourne is published once per semester and is available free of charge. Its sponsors, advisors and the Unitersity of Melbourne are not responsible for its contents. The views expressed in this journal are solely those of the respective authors. To the fullest extent permitted by law, neither The Triple Helix nor any of its members will be liable for damages of any kind arising out of or in connection with the contents included in this publication.

The Triple Helix, Inc. is the world’s largest completely student-run organization dedicated to taking an interdisciplinary approach toward evaluating the true impact of historical and modern advances in science. Work with tomorrow’s leaders Our international operations unite talented undergraduates with a drive for excellence at over 25 top universities around the world. Imagine your readership Bring fresh perspectives and your own analysis to our academic journal, The Science in Society Review, which publishes International Features across all of our chapters. Reach our global audience The E-publishing division showcases the latest in scientific breakthroughs and policy developments through editorials and multimedia presentations. Catalyze change and shape the future Our new Science Policy Division will engage students, academic institutions, public leaders, and the community in discussion and debate about the most pressing and complex issues that face our world today. All of the students involved in The Triple Helix understand that the fast pace of scientific innovation only further underscores the importance of examining the ethical, economic, social, and legal implications of new ideas and technologies — only then can we completely understand how they will change our everyday lives, and perhaps even the norms of our society. Come join us!

TABLE OF CONTENTS

13

Does Beauty Really Matter?

What Your Face Says About You

20

Who Ownes Those Bones?

Scientific Practice and Cultural Heritage

35

‘Sustainable’ Agriculture?

Tackling the World Food Crisis

Editorial China in Africa: Analyzing the Footprints of the Beijing Olympics

Cover Article 6

China’s Economic and Environmental Footprints in Africa

University of Melbourne Articles 10

Cancer Immunotherapy: The Price of the Magic Bullet

13

The Hottie and the Nottie: Science in Physical Beauty

17 Admitting Ambiguity in the Embryonic Stem Cell Debate 20

What Lies Beneath: Museums and the Repatriation of Ancient Human Remains

22

Toxic Handlers: Sustaining the Emotional Workplace

25

All We Need Is Just a Little Patents: The Lack of Commerical Protection for the CAM industry in Australia

International Features 32

Deep Brain Stimulation

35 A Sustainable Way to Keep Hunger at Bay 37

The Discrimination, Stigmatization, and Denial of Rural Indian Physicians towards Persons with HIV/AIDS

39

Bits, Bytes, and Property Rights

42 The Autistic Pride Movement 44 Air-Conditioned Earth 46

Brain Scans: Valid Legal Evidence for Criminals?

48

The Tendency Toward Being: Thermodynamics and the Origin of Complexity

Cover design courtesy of Bradley French, Central Production

Manisha Bhattacharya , Cornell

MELBOURNE

4

Caroline Lee, Georgetown

Kenneth Chin, Melbourne Jade Lao, Melbourne

Shaun Khoo, Melbourne Mubing Duan, Melbourne

Sook Jin Ong, Melbourne Aaron Mentha, Melbourne

Jennifer Ong, UCSD Baird Langenbrunner, Brown

Kartavya Vyas, UCSD

Chris Milroy, Chicago Pranai Tandon, Cornell

Jenny Molloy, Cambridge

Christie Ciarlo, Brown John Szymanski, Brown

INSIDE TTH

Message from the Chapter President STAFF AT MELBOURNE Executive Board President: Terry Chang Editor-in-Chief (2008): Celeste Leong Editor-in-Chief (Current): Elizabeth Zuccala Vice President: Ronny Chieng Secretary: Stephanie Quek Finance Directors: Pasarn Intarangs Ying Yi Marketing Director: Zoe Wong HR Directors: John Hall Laura Zhang IT Director: Ronny Chieng Senior Staff Editorial Associates: Celestine Bouniu Isaac Dunn Hayley Hernstadt Ruby Murray Finance Division: Shashi Karunanethy Connie Tang Ingrid Zhang Marketing Division: WeiNa Ke Lisa Lee Serena Li Malavika Subramanian Nicole Teo HR Division: Rian LaBrooy Annamae Wong Support Staff Contributing Writers: Kenneth Chin Mubing (Erika) Duan Shaun Khoo Jade Lao Aaron Mentha Sook Jin Ong Faculty Review Board: Associate Professor John Armstrong Associate Professor Dawn Gleeson Professor Bill Harley Dr. Tom Karagiannis Dr. Graham Parslow Professor Megan Richardson Professor Loane Skene Advisor Sook Jin Ong Special Thanks To Professor Philip Batterham Professor Peter McPhee University of Melbourne Science Faculty Our Sponsors University of Melbourne Salesforce STA Travel, Univesity of Melbourne Branch University Professional Bookshop

Dear Reader, The Triple Helix aims to provide an innovative outlet for undergraduates to voice their opinions about cutting-edge issues in science within their wider social and legal contexts. Two years ago, when The Triple Helix started at the University of Melbourne, the chapter consisted of a handful of enthusiastic and ambitious students. Today the University of Melbourne chapter has produced two high standard journals and is the most active chapter in Australia. The University of Melbourne chapter is proud to release our third edition which we believe showcases the caliber of our students and facilitates a high-level exchange of ideas amongst undergraduates from premier institutions around the globe. Through the contribution of a broad range of international and local students, our third edition demonstrates that undergraduates are more than capable of thinking outside the confines of their disciplines to make relevant and original contributions to ongoing scientific debates. Articles from this edition cover a range of contentious and pertinent issues in science today, including international environmental politics, patent and property law and the intersection between health, culture and identity. I would like to take this opportunity to thank everyone in the organisation, as well as those who have supported us. As you browse through this journal we hope the articles inform you of recent scientific developments and, more importantly, inspire you to consider the implications such developments may have for you and those around you. For more information about how you can contribute please feel free to contact us - we look forward to hearing from you. Sincerely, Terry Chang President The Triple Helix, University of Melbourne

Launch of our Second Edition In April 2008 the University of Melbourne Chapter released our second edition of The Triple Helix. The launch event featured special guest speaker Dr Fiona Wood, Director of the Western Australian Burns Service, Head of the Royal Perth Hospitals Burns Unit and mother of six. In 2005 Dr. Wood was awarded Australian of the year for her work with burns victims and her invention of Spray-on-Skin. The Triple Helix and would like to give a heartfelt thanks to Dr Fiona Wood for taking time out of her busy schedule to deliver an inspirational, interesting and educational talk on her life, career and the impact that impassioned scientific research can have in society. The Triple Helix would also like to thank the 50 University of Melbourne staff and students who attended the launch for their support of our efforts.

2 THE TRIPLE HELIX October 2008

Dr. Fiona Wood addresses guests at the launch.

© 2008, The Triple Helix, Inc. All rights reserved.

INSIDE TTH

Message from the CEO Dear Reader, Through both scholarship and action, The Triple Helix is pioneering new projects and opportunities for our members and the community at large. In February 2008, we successfully held the first-ever TTH event designed to bring students from different chapters together in one place to share their scholarly work. Meeting a group of our members was a privilege, and I look forward to building a tradition of TTH interacting with the larger academic community. Simultaneously, I encourage our chapters to reach out to each other, building regional partnerships that bring our students together in large numbers on a regular basis. As always, The Triple Helix is eager to involve you, our community, in our new and ongoing projects. Especially as we continue to develop our international science policy division, please do not hesitate to contact us with ideas of what you would like to see us do. The beauty of our organization lies in the flexibility to be truly innovative in our programming, designing new initiatives that continue to bring cutting-edge topics and fresh perspectives to inquisitive minds everywhere. Our success will be measured by our ability to inspire a new generation of thinkers and actors who will bring science-in-society analysis into the future— your readership is a step in the right direction. Sincerely, Manisha Bhattacharya Chief Executive Officer, The Triple Helix

TTH in Boston... In February 2008, we successfully held the first-ever TTH event designed to bring students from different chapters together in one place to share their scholarly work. In conjunction with the American Association for the Advancement of Science, TTH authors presented eighteen unique pieces of research in an exclusive Science in Society poster session at this year’s AAAS Annual Meeting in Boston, Massachusetts. In addition, students attended the Triple Helix Member Workshop and Leadership Summit, where writers, editors, and representatives from chapter executive boards had the chance to discuss science journalism, case studies in chapter management, and ways to officially launch our Science Policy division. TTHers from ASU, Berkeley, Brown, Cornell, Cambridge, Georgetown, Harvard, MIT, Northwestern, and UChicago made the weekend resounding success — we hope to repeat such gatherings in the future, involving all of our chapters in TTH conferences, academic summits, and science policy events.

© 2008, The Triple Helix, Inc. All rights reserved.

Students network and get to know fellow TTHers at the Member Workshop and Leadership Summit, held on the Harvard University campus.

THE TRIPLE HELIX October 2008 3

EDITORIAL

China in Africa: Analyzing the Footprints of the Beijing Olympics Manisha Bhattacharya

I

t is impossible to ignore the complex story of China, condonement of human rights violations, and the absence simultaneously hailed as a rising superpower and labeled of enforceable standards for corporate governance. as a country that takes controversial approaches to adSix months later, China is exceptionally prominent on dressing common socioeconomic challenges of the develop- the international radar, as the Beijing Olympics draw to ing world. In March 2008, we published China’s Economic a close and leave the world with a myriad of images and and Environmental Footprints in Africa, which explored the impressions. The Olympic journey tested the flexibility, regrowing relationship between sourcefulness, and diplomatic ever-expanding China and reties of China in many ways, source-rich African countries. several of which brought the [Protests highlighted] the This article emphasizes that in themes of the China in Africa reality that sociopolitical comparison to Western policies story back into the news. At towards Africa, Chinese policies a time when virtually everyfreedoms are still largely do not carry “obligatory politione is contemplating China’s absent from China’s controlled cal strings”; African countries post-Olympic future, we invite are able to negotiate business readers to reflect on the paralsociety. deals with China and benefit lels and divergences between from generous aid packages China’s dealings in Africa and

Reproduced from [1] under Creative Commons License.

without the two being tied together. Despite the benefits accrued by all parties, the China-Africa relationship is rife with concerns about lax environmental practices, implicit 4 THE TRIPLE HELIX October 2008

the ways in which the pressure of meeting international standards for the Olympics has changed China’s domestic decision-making. © 2008, The Triple Helix, Inc. All rights reserved.

EDITORIAL Reproduced with permission from [2].

Looking forward, many may ask whether Africa can play a role in shaping China’s political and economic attitudes at this critical juncture. Certainly, given the demand for natural resources and trade, leaders genuinely interested in the welfare of their people and determined to fight government corruption in business dealings can turn China’s advances to their advantage and spark regional development. Although only one part of China’s story, Africa’s growing economic ties with China should be watched as the international community waits to see how this enigmatic nation casts their footprints in the post-Olympic era.

Some places where China-Africa and China-Olympic policy intersect are those of infrastructure building, environmental stewardship, and sociopolitical protest. When the International Olympic Committee granted the Olympics to China, a political prize of sorts for an increasingly powerful country, did it function as a “strings-attached” Western policy that led to improved infrastructure throughout China? Of course, the Olympics created a uniquely intense pressure to deliver not only world-class infrastructure, but in China’s case, to improve the notoriously polluted Beijing air, the result of rapid industrialization at the price of the environment. Similar concerns have been raised about African firms mining Chinese oil without regard to conserving natural habitats. However, many are skeptical that such pressures will only drive nations to conceal their failures, which ultimately circumvents the point of attaching development and environmental goals to political and business deals. The absence of protestors in the designated protest zones during the Olympics invoked memories of the impassioned Tibet protests during the torch relay, threats to boycott the Olympics to condemn China’s economic ties to Darfur, and the reality that sociopolitical freedoms are still largely absent from China’s controlled society. In this respect, it is unclear how much the Olympics facilitated human rights reform in China, and makes the upcoming Tibet negotiations and continued unrest over Darfur even more significant.

Manisha Bhattacharya is the Chief Executive Officer of The Triple Helix Inc. She is a senior at Cornell University, double majoring in Biological Sciences and Economics.

Courtesy of Bradley French, Central Production.

References: [1] http://www.allamericanpatriots.com/files/images/san-francisco-beijing-olympics-protest.jpg [2] http://www.cdc.gov/nceh/ierh/images/Darfur.jpg

© 2008, The Triple Helix, Inc. All rights reserved.

THE TRIPLE HELIX October 2008 5

GEORGETOWN

China’s Economic and Environmental Footprints in Africa Caroline Lee

T

he advent of the People’s Republic of China (PRC) as an economic juggernaut is no secret in the twenty-first century. A large land possessing a massive labor force, China has maintained rapid economic growth for over a decade and surpassed the likes of England, France, and Italy in that span. As of 2006, the PRC trails behind only the United States, Japan, and Germany in total gross domestic product, according to the World Bank [1]. This elevated status has pushed China into the political and economic limelight, causing its every move to be heavily scrutinized by the rest of the globe. Thus, it is not surprising that its increased involvement in Africa has recently raised warning flags in Western awareness with regards to the PRC’s noninterference policies, human rights issues, and the environmental impacts of its actions in the region. Already reputed as environmentally careless at home, many fear that China’s escalating extraction of oil and other resources within Africa as well as its involvement in various infrastructure projects leave foreboding consequences in store for African lands and in turn, the African people. Although Chinese involvement in Africa has fluctuated since the 1950s, the PRC has recently refocused its attentions towards the developing continent. In the last ten years, the Asian powerhouse has strengthened its economic and diplomatic relationships with Africa, mostly under the radar of the rest of the world. China’s aims in these associations are straightforward: to help satisfy its immense demand for natural resources; to expand Chinese manufactured goods into new markets; and to gain strategic political alliances

[2]. A so-called “soft target,” Africa emerges as a prime candidate in pursuing these goals. The vast continent remains relatively unexploited in comparison to other developing regions due to the political, economic, and social instability that has reigned there for centuries [3]. Its relative lack of suitors has provided China the opportunity to pursue African oil, timber, various mineral resources and other

[F]oreboding consequences [are] in store for African lands and in turn, the African people. materials as well as its business and political good graces. Instability has also perpetuated the widespread corruption of African governments, and this corruption coupled with poor management of its governmental development, are flaws that China has been able to work to its advantage [2,3]. In turn, China’s non-interference terms and general disinterest in incorporating obligatory political strings in its dealings are attractive to its African partners, especially in comparison to Western proposals. Western agreements are often coupled with strict demands for Africa that are meant to help combat poverty and promote development within the region.

Reproduced from [10].

6 THE TRIPLE HELIX October 2008

Oil Extraction Due to a combination of skyrocketing demands for energy, lack of domestic resources, and a move away from their use of inefficient and polluting coal, China has turned to petroleum sources abroad. The nation is now the second largest importer of African oil after the United States, accounting for about a quarter of the oil the PRC imports. This amount increased more than 71% between 2003 and 2005, supplied by the Sudan, Angola, Nigeria, Chad, Libya, Algeria, and Gabon [2,4]. Africa’s lax governance combined with China’s lack of pressure on its firms to exercise good corporate policing and social responsibility has led to various corrupt and environmentally careless practices in the countries where China obtains oil. In Gabon, Chinese state-owned oil company

© 2008, The Triple Helix, Inc. All rights reserved.

GEORGETOWN Sinopec was discovered illegally prospecting for oil in Loango however, they can cause more harm than good [8]. National Park in 2006. The park accounts for 11% of the A prime example of a project gone awry is the Merowe country’s territory and protects extensive coastal habitats and Dam in Sudan, primarily funded by the Chinese. When initiated wildlife from all extractive and destructive industrial activities. in 2003, surrounding communities were supportive of the The company had begun dynamiting and clearing forest venture because it would meet the great need for electricity in without performing an official environmental impact study. It the region. However, with poor implementation and failure was only after the issue was brought to media attention by a to meet both Chinese and Sudanese environmental standards, conservation group from the United States that the Gabonese which in themselves are considered sub par, locals were government ordered Sinopec to forced to relocate to surrounding halt its activities [3,5]. desert areas [8]. There is a glaring Corrupt practices aside, lack of legitimate environmental These [infrastructure] further problems have arisen in assessments released concerning the harvesting of African oil. In projects...are meant to benefit the construction of the dam, and Nigeria, Chinese state-controlled the few that exist fail to address the people and countries: firms have made considerable many important issues. One investments in recent years to however, they can cause more such matter is the possibility of procure petroleum from the sediment accumulation and its harm than good [8]. region, spending billions on impact on downstream farming controlling stakes in oil fields communities. These farms and refineries [2,6]. However, depend on the mineral nutrients oil production in Nigeria is provided by the river during the generally coupled with the country’s annual floods, raising flaring of associated gas found the possibility of a potential in its oil fields, since it is the decline in local agriculture easiest solution in isolating the with the dam’s construction. lucrative petroleum product, but In addition, lowered oxygen these flares can result in a wasted levels in the water are a similar 2.2 billion standard cubic feet of worry for their possible effects gas per day. The consequences on aquatic ecosystems [9]. of flared gas include significant As a result, issues that have arisen carbon dioxide emissions as well from such questionable projects as the release of a harmful mixture have made many wary of similar of more than 250 toxins into the undertakings in consideration atmosphere, which is believed to elsewhere within Africa [10]. contribute to acid rain production and the deterioration of crops, What Can Be Done livestock, and general human In wooing Africa with the promise health. Nigeria contributes 16% of economic investment, China of the world’s flared gas, more is often accused of practicing a than any other country in the brand of twenty-first century world, while Africa as a whole colonialism to pursue its own contributes 34%. While Chinese interests. Some believe this oil production in Nigeria is still trend mirrors the West’s own Reproduced from [11]. exceeded by Western companies actions within Africa in the like Shell, ExxonMobil, and past and even the present. But ChevronTexaco, its increasing there are important differences: China is often accused of presence there and throughout the PRC lacks freedom of the practicing a brand of twentyAfrica has no doubt exacerbated press, and non-governmental this problem [7]. watchdogs play an insignificant first century colonialism role in influencing the decisions Infrastructure Projects and policies of the Chinese Aid has also been proven to play Administration [3]. Hence, there a significant role in the agreements between China and is relatively little that Chinese citizens can do to influence Africa. In 2006, China distributed $5.75 billion throughout a change in policy abroad in Africa. the continent in the form of loans, debt forgiveness, and However, China has slowly become more conscious of other forms of financial investment. In addition, funding its global prominence and consequently, more sensitive to and support of infrastructure are other important offerings foreign criticism. This is evidenced in its very public campaign in China’s arsenal to foster good relations and trade with to reduce carbon emissions to an acceptable level prior to Africa. These projects ranging from railway development the Beijing Olympics in 2008. If pressured economically or to the construction of thermal power plants, oil facilities, politically, crucial changes in its conduct in Africa may be and dams are meant to benefit the people and countries: possible. © 2008, The Triple Helix, Inc. All rights reserved.

THE TRIPLE HELIX October 2008 7

GEORGETOWN

A key concern is the need for transparency in the transactions between the Chinese players and African governments. Encouragement to sign initiatives and make policies which mandate and enforce complete transparency with regards to its environmental practices is imperative. This would help prevent pollution and the overexploitation of the natural resources China seeks as well as ensure the quality execution of projects that are supposed to benefit the African peoples [5]. Even with transparency among some parties, however, the rampant corruption that persists within African governments combined with the debilitating lack of money and development may allow environmental conditions to continue declining. Furthermore, China’s no-strings-attached policies in dealing

References: [1] “GDP 2006,” World Bank World Development Indicators database (2007; http://siteresources.worldbank.org/DATASTATISTICS/Resources/GDP.pdf). [2] J. Eisenman, in China and the Developing World, J. Eisenman, E. Heginbotham, D. Mitchell, Eds. (M.E. Sharpe, Armonk, 2007), pp. 29-59. [3] H. French, Afr. Affairs 106, 127-132 (2006). [4] M. Chan-Fishel, in African Perspectives on China in Africa, F. Manji, S. Marks, Eds. (Fahamu, Cape Town, 2007), pp. 139-152. [5] E. Economy, K. Monaghan, International Herald Tribune, 1 November 2006. [6] C. Timberg, Washington Post, 1 May 2006. [7] Environmental Rights Action, Climate Justice Programme, Gas Flaring In

8 THE TRIPLE HELIX October 2008

Reproduced from [12]

with African nations will continue to entice, especially when considered against the onerous social obligations that are often included in Western-African agreements. Counter measures such as offers of heightened economic aid and investment by the United States and other nations, and increased global awareness of the African environmental situation may be the only options to help quell an intensifying environmental problem. Thus, unless a fundamental change is made in the PRC’s policies, the African people could eventually be stranded with destroyed lands and a continued stagnancy in their poor quality of life. Caroline Lee is an Undergraduate at Georgetown University.

Nigeria: A Human Rights, Environmental and Economic Monstrosity (2005; http://www.climatelaw.org/cases/country/nigeria/cases/case-documents/nigeria/ report/gas.flaring.in.nigeria.html). [8] L. Ellis, “China Exim Bank in Africa” (China Environment Forum, Woodrow Wilson Int. Cent. for Scholars, 2007, http://www.wilsoncenter.org/index.cfm?topic_ id=1421&fuseaction=topics.event_summary&event_id=224956). [9] J. Giles, Nature 440, 393-394 (2006). [10] http://www.house.gov/salazar/images/oil%20drilling.jpg [11] http://www.gcmrc.gov/about/ [12] http://muller.lbl.gov/travel_photos/AfricaWildlifeFolder/AfricaWildlifeFolderPages/Image28.html

© 2008, The Triple Helix, Inc. All rights reserved.

Business and Marketing Interface with corporate and academic sponsors, negotiate advertising and cross-promotion deals, and help The Triple Helix expand its horizons across the world!

Leadership: Organize, motivate, and work with staff on four continents to build interchapter alliances and hold international conferences, events and symposia. More than a club.

Innovation: Have a great idea? Something different and groundbreaking? Tell us. With a talented team and a work ethic that values corporate efficiency, anyone can bring big ideas to life within the TTH meritocracy. Literary and Production Lend your voice and offer your analysis of today’s most pressing issues in science, society, and law. Work with an international community of writers and be published internationally.

A Global Network: Interact with high-achieving students at top universities across the world— engage diverse points of view in intellectual discussion and debate.

Science Policy Bring your creativity to our newest division, reaching out to students and the community at large with events, workshops, and initiatives that confront today’s hardest and most fascinating questions about science in society.

For more information and to apply, visit www.thetriplehelix.org. Come join us.

MELBOURNE

Cancer Immunotherapy: The Price of the Magic Bullet Kenneth Chin

“All Substances are poisonous, there is none that is not a poison; the right dose differentiates a poison from a remedy” Paracelsus (Auroleus Phillipus Theostratus Bombastus von Hohenheim), Alchemist and Physician, 1538

C

ancer is a rampant disease in modern society and is usually treated by combinations of surgery, chemotherapy and radiotherapy. Despite vast improvements made over the last few years, however, both chemotherapy and radiotherapy are known for causing unpleasant side effects, stemming from the non specificity of such therapies. Paul Ehrlich, a founding forefather of immunology, dreamt of the concept of a magic bullet – a molecule that could selectively deliver toxicity to targets of diseased cells. Today, antibody based therapies have realised that dream and emerged as a promising cure against diseases, in particular cancer. This use of antibody therapeutics in cancer is commonly referred to as ‘Cancer Immunotherapy’. Natural defence products of higher organisms, antibodies are produced within the host to destroy foreign pathogens. Antibodies are tetramers consisting of two heavy chains and two light chains, and specificity is conferred by their variable domains that consist of regions of high variability in terms of amino acid sequence. These consist of fragment antigen binding (Fab) regions that bind to specific targets and a modular fragment crystallisable (Fc) region that host defenses can recognise in order to illicit other protective responses. The result of these attributes is a highly specific killing effect exerted by the antibody [1]. In the battle against cancer, there has been increasing emphasis placed on the specificity of the anti cancer therapy. Current available therapies involve a significant level of collateral damage accompanying tumour cytotoxicity. For example doxorubicin, an anti-cancer agent, has side effects of cardiotoxicity which causes dysrhythmia and heart failure. Another common drug mitomycin, causes pulmonary fibrosis as well as kidney failure [2]. Radiotherapy is known to cause acute toxicity to normal tissue which is usually reversible as well as more serious latent side effects. The advent of antibodies being utilized as

The beauty of the antibody lies in its modular nature. By means of antibody diversity within B cell genes, antibodies can be raised with incredible specificity against virtually any antigen. 10 THE TRIPLE HELIX October 2008

therapeutics is a great leap forward towards designing a more specific therapy. The first antibody approved for cancer therapy was Rituximab (1997), an anti-CD20 monoclonal antibody and treatment regimens with it have shown significant increases in overall response rates, complete remission rates, delay of time to progression as well as overall survival of the recipient patients. The introduction of Rituximab was revolutionary in providing an effective means of treating B-cell malignancies which are a type of leukaemia [3]. While these antibodies are effective, they are extremely costly. Recently, the antibody Herceptin was accepted to be subsidized by the Pharmaceuticals Benefit Scheme (PBS) for medical therapy, despite the huge cost of funding. Thus the question is raised as to whether the cost is proportional to benefits yielded by such a novel mode of therapy. This article will discuss the nature of such a therapy and address the social implications pertaining to the cost and benefit of cancer immunotherapy. Advantages and Modes of Therapy As mentioned earlier, antibodies are natural products of the immune system. They are large proteins that are relatively resistant to degradation and can persist in the system for a long time [4]. The beauty of the antibody lies in its modular nature. By means of antibody diversity within B cell genes, antibodies can be raised with incredible specificity against virtually any antigen. Fc regions, as well as having the ability to engage the complement cascade- blood proteins that enhance the destruction of the target; can be engineered to couple various payloads [1]. The Fc region of the antibody can engage cells of the immune system which would target and eliminate the antigen. The Fc region can also be conjugated with various payloads such as immunotoxins and radioactive isotopes. The antibody acts as a vehicle to selectively localize these cytotoxic compounds to the appropriate targets within the body minimisng the problem of collateral damage. The most common form of antibody therapy involves unconjugated antibodies. These antibodies mainly exert cytotoxicity to the cancer cells by cell and complement mediated cytotoxicity, meaning that the antibodies alert the host immune system as to which cells to kill [5]. The Fc region of the antibody also engages C1Q of the complement cascade which results in the activation of the cascade. This results in the deposition of opsonin C3b which further enhances phagocytosis, as well as the release of chemotactic factors C3a and C5a which recruit other immune cells to join the attack. Unconjugated antibodies are also able to modulate signalling pathways by blocking or activating certain targeted receptors and induce apoptosis in certain cancer cell types [6]. © 2008, The Triple Helix, Inc. All rights reserved.

MELBOURNE Conjugated antibody therapy further advanced of the molecule itself. Its modularity makes it versatile in immunotherapy by the simple process of conjugating a adapting different payloads whilst its specificity ensures payload of choice onto the Fc region of the antibody – using that it seeks out the appropriate cancer targets. From this the Fab regions of the antibody like a missile seeker and the we can see that such properties make it a formidable tool Fc region to deliver the deadly payload to the target. The for the treatment of cancer. two broad categories of conjugated payloads are toxic and radioactive payloads. The toxic conjugates are usually derived Applications from bacterial toxins. Common examples undergoing current The efficacy of the antibody as a targeting vehicle has led to the clinical trials are Pseudomonas aeruginosa exotoxin A and greater innovation of drugs that can be delivered to cancer cells, diptheria toxin. Both these toxins work similarly by entering as the trend of cancer therapeutics is aimed at increasing the the cell and disrupting protein synthesis [7]. A unique feature specificity of treatments. A new form of radioimmunotherapy of toxins is their extreme potency. This means that a small has been developed by a multiple step targeting process quantity of toxin molecules needs to be targeted per cancer to further enhance and focus cytotoxic radiation [15]. This cell to effect cell death. Also in this category, anthracycline involves the conjugation of a radioactive DNA binding drug class chemotherapeutic drugs such as doxorubicin have also to an antibody. The first step of targeting is carried out by the antibody which targets the cancer cell. The endocytosis been trialled as immunoconjugates [8]. of the antibody The next major conjugation and class of conjugated the cleavage of the payloads comprises drug occur next. of radioactive The second step isotopes. The most common classes of of the targeting radioisotopes used process happens are the α- and βwhen the drug is radiation emitting released, entering radioisotopes the nucleus and binding to the [9]. These vary DNA. This localizes in terms of half the radiation and life and maximal maximizes the range and are used damage to the dependant on the cancer cell’s DNA, type of cancer [10]. which is the critical These radioisotopes radiosensitive inflict damage on target within cells the cell either via [16]. high energy, direct An example of electron attack the DNA binding of the phosphate drug used is radiobackbone or the IodoHoechst which generation of uses a radioactive reactive oxygen Iodine-125. The species within the Antibodies surrounding a cancer cell. Reproduced fron [20]. most intrinsic vicinity of the target cancerous cell [11,12]. This mainly results in the catastrophic property of this radioactive drug is its emission of ultra damage of the cancer cell’s DNA beyond its own repair, short range Auger electrons which only have a range of a few nanometers. This ensures that the radioactive damage is causing death to the cancer cells [13]. As we can see from the two examples given, antibodies focused onto the malignant cell’s DNA without harming normal act to localize cytotoxic and radioactive compounds to cells [17]. This is an excellent example of how future directions targets so as to focus the damage onto the target cancer in antibody therapeutics remain relevant and promise to cells as well as reduce collateral damage to other host cells. deliver improved treatment options for cancer. Moreover, antibodies adjunct with other chemotherapy or radiotherapy treatments may act synergistically to enhance Social Implications tumour cytotoxicity. An example would be the synergistic As described, using antibodies as a form of therapy is incredibly effect observed on cells subjected to radiation and Herceptin effective. Since 1997, five antibodies have been approved treatment. There is a significant increase in cancer cell killing for cancer therapy with more undergoing trials [18]. Thus it observed when treated with both radiation and Herceptin is important to consider how these technological advances [14]. would benefit the healthcare system. On 1 October 2006, Herceptin was listed on the Thus it can be concluded that antibodies do hold Pharmaceuticals Benefits Scheme (PBS) in Australia for the significant advantages attributed to the intrinsic nature treatment of advanced metastatic breast cancer [19]. The

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THE TRIPLE HELIX October 2008 11

MELBOURNE cost of treatment for the average patient is approximately A$60,000 (US$54,600). Considering all patients treated, this amounts to an estimated A$470 million (US$428 million) in government subsidies. It should be noted that women with early stage breast cancer were not covered by the PBS until late 2007. Oncologists consider Herceptin beneficial for women with HER2 positive early breast cancer. However, the cost of treatment meant it was inaccessible for the average patient. The withholding of treatment on a financial basis resulted in an outcry in the public with widespread reporting in the media - bearing in mind that breast cancer is the second largest killer of women (after lung cancer). Herceptin was listed on the PBS for the treatment of early HER2 positive breast cancer in late 2007. Given this huge expense, it is important to judge if indeed the benefits of such a form of therapy outweigh the costs. This is an extremely difficult question and since a large proportion of pharmaceutical pipeline drugs consist of therapeutic antibodies, we can expect many heated ethics related debates into the future. Since cancer immunotherapy promises to be the next generation of anti-cancer therapy, it would be highly beneficial for the healthcare system to expand the budget and plan ahead to allow more subsidies for newer antibodies emerging from clinical trials. By doing this, it would ensure a strong competition between pharmaceutical companies developing anti-neoplastic therapeutic antibodies

References: [1] Rabson, A., Roitt, I.M., & Delves, P.J. Really Essential Medical Immunology Blackwell, Oxford, ed. 2, 2005 [2] Rang, H.P., Dale, M.M., Ritter, J.M. & Moore P.K., Pharmacology Churchill Livingstone, Edinburgh, ed. 5, 2003 [3] Bello, C. & Stotomeyer, E.M. Hematology 2007, 233-242 [4] Melero, I., Hervas-Stubbs, S., Glennie, M. Pardoll, D.M. & Chen, L. Nature Reviews Cancer 2007 7(2), 95-106 [5] Weiner, L.M. Nature Reviews Cancer 2007, 7 (9), 701-706 [6] Glennie, M.J., & Johnson, P.W.M Immunology Today 2000 21 (8), 403-410 [7] Pastan, I., Hassan, R., Fitzgerald, D.J. & Kreitman, R.J. Nature Reviews Cancer 2006 6 (7), 559-565 [8] Trail, P.A Wilner, D., Lasch, S.J., Henderson, A.J., Hofstead, S., Casazza, A.M., Firestone, R.A., Hellstrom, I. & Hellstrom, A.E. Science 1993 261 (5118), 212 – 215 [9] Sharkey, R.M. & Goldenberg, D.M. Journal of Nuclear Medicine 2005 46:115S– 127S [10] Goldenberg, D.M. & Sharkey, R.M. Quarterly Journal of Nuclear Medicine and Molecular Imaging 2006 50 (4), 248-264 [11] Charlton, D.E., Hofer, K.G., Vanloon, N., & Schneiderman, M.H. International Journal of Radiation Biology 1994 80 (11&12), 921 926 [12] Charlton, D.E. Radiation Research 1986 107 (2), 163-171 [13] Cann, K.L. & Hicks, G.G. Biochemistry and Cell Biology 2007 85 (6), 663-674 [14] Weinberg, R.A. The Biology of Cancer Garland Science, New York, 2006 [15] Karagiannis, T.C. & Chin, K.F.W. Current Radiopharmaceuticals 2008 1 (2), 6572 [16] Karagiannis, T.C, Lobachevsky, P.N., & Martin, R.F. Acta Oncologica 2000 39 (6), 681-685 [17] Karagiannis, T.C Hellenic Journal of Nuclear Medicine 2007 10(2), 82-8 [18] Carter, P. Nature Reviews Cancer 2001 1 (2), 118-129 [19] Abbot, T., Media Release, 22nd Aug 2006 ABB120-/66 Minister for Health and Ageing http://www.health.gov.au/internet/ministers/publishing.nsf/Content/healt h-mediarel-yr2006-ta-abb120.htm?OpenDocument&yr=2006&mth=8> last accessed on 7 August 2008 [20] http://www.dreamstime.com/cancer-cell-with-antibodies-image5215453

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which will lead to improvements in the antibodies efficacy and potentially more cost effective production. Next and most importantly, by providing subsidy for immunotherapy, it allows this cutting edge and modern therapy to be available to a larger population – allowing them access to premium quality healthcare. Conclusion In summary, antibodies are a very promising mode of cancer therapy. They are highly specific for their cancer targets and can be customised to deliver a combination of different cytotoxic payloads. As mentioned earlier, antibodies are also effective as an adjunct therapy along side conventional chemo- and radiotherapy treatment of cancer. When the cost of the magic bullet is brought to question, the promising results and benefits yielded by investing in such a therapy as well as its advancement most surely, outweighs its cost. More funding should be considered in order to better subsidize the treatment and make it affordable to the general population in order to improve cancer outcomes. Kenneth Chin is a Science student at the University of Melbourne. He is currently completing honours in Biochemistry and Molecular Biology at the Peter MacCallum Cancer Centre.

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MELBOURNE

The Hottie and the Nottie: Science in Physical Beauty Jade Lao

“Don’t blame me for the way I look – I was drawn this way” Jessica Rabbit, Who Framed Rogger Rabbit?

W

e have all heard that people who are judged as physically appealing are favored in many different social circumstances. People are friendlier towards them, they receive more attention, they are more likely to score the job they want – and the list goes on. Sadly, it has even been suggested that the same physical discrimination is applied to children as well. Unfortunately, scientific studies performed across the social and natural sciences seem to suggest that, as inequitable as it may sound, beauty does influence people’s behavior towards one another. Generally speaking, right now people like you and I are living in a discriminatory world where each of us is treated differently according to how aesthetically pleasing we are perceived to be.

As beauty is a person’s first piece of information that he or she sends to the world, it is invaluable that scientists study the concept of ‘beauty’ in order to evaluate its impact on societal interaction. Historical Attempts to Explain Beauty Mathematically The concept of beauty and its appealing nature has been under debate since the ancient times. Documents have been discovered, written by Greek and Roman philosophers, which attempt to find a mathematical basis on which beauty can be universally judged. One very prominent document that was found contained vast mathematical workings on what is called the ‘Golden Ratio’. This ratio was discovered by Euclid around 325 B.C. – 625 B.C. The Golden Ratio, 1:1.6180339887, is both mystical and functional in nature. Popularized in Dan Brown’s The Da Vinci Code, this number is believed to be the proportions upon which nature is built: plant components, shells, proportions of animals, human body proportions etc. We need to look no further than our own hands to see it: the three joints on each of the human fingers bear a golden relation to one another – each is roughly 1.6 times the length of the next, going from the most proximal to most distal from the palm [1]. Because this ratio is found in the proportions of nature itself, it is thought that anything

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with these proportions should look harmonious, balanced, and visually pleasing. Thus, the Golden Ratio has been incorporated into studies that attempt to determine whether a human face is beautiful or not. Robert Ricketts, who examined the faces of ten attractive models, did the most extensive sets of measurements to prove this theory. He discovered the ratio in vertical, horizontal and depth measurements of the models, and in the measurements of their underlying skeletons seen in x-rays. Cosmetic surgeon W. Earle Matory, Jr., also found examples of this ratio in the faces of attractive Asian, African-American, and Middle Eastern men and women [1]. It is thought that Leonardo da Vinci used the Golden Ratio when painting the Mona Lisa, and that its use in her facial features explains her intriguing and captivating smile [2]. However, despite the ratio’s popular relation with aesthetics, not all objects that exemplify the ratio are necessarily beautiful. The Golden Ratio is a proportion that nature has embodied, but it is also possible to create objects demonstrating the Golden Ratio that are not particularly aesthetically pleasing. The Ideal Beauty What society percieves as beautiful has changed gradually through the centuries. Until the late 18th century in Western society, the ideal figure for a woman was voluptuous and curvaceous, with a slightly protruding stomach, which symbolised fertility. We can see evidence of this in paintings such as ‘The Birth of Venus’ by Sandro Botticelli (1482) in Figure 1, ‘Milkmaid’ by Johannes Vermeer (1658) and ‘La Donna Velate’ by Sanzio Raphael (1516). These famous artists all drew women who were identified as being beautiful at the time. Today, it is the slender youth, cast in a European style of beauty, that has become the global standard by which women of almost all cultures and ages are measured and found wanting. This ideal, which consists of wide-eyes, long legs, high cheekbones, and glossy, swishing hair, is often in opposition to indigenous standards for beauty, such as fatness, ornamental scars or shaved heads [3, 4]. Youth has been considered attractive for its association with fertility across all cultures. From an anthropological point of view, the male gaze is target seeking for a potential partner [1]. The male is attracted to youth because the females’ chances of reproduction decrease significantly with age (whilst for males it stays the same). Thus, the male’s primitive drive is a biological program designed to be attracted to the youthful, especially those with clear skin and glossy hair which indicate good general health. These physical signs provide an indication of a good chance of giving birth to a healthy child. Evolutionary psychologists suggest that men are automatically excited by signs of a woman who

THE TRIPLE HELIX October 2008 13

MELBOURNE behind it. The newborn’s face is the best indicator of whether he or she would be likely to survive. A healthier-looking baby will receive more attention from the mother because the mother’s primeval instincts know that this newborn has a high chance of surviving into adulthood, which is the Why Study Beauty? Many people are quick to point that external beauty is time needed to produce the next generation. The mother insignificant and it is internal beauty, or the quality of one’s instinctually weighs the newborn’s chances of reproduction character, that is truly important. However, it is physical against whether it is worth investing the time and effort appearance that most people base their first impressions into the newborn, and whether to unleash to-die-for love on, and first impressions matter. Other information, such as [7]. What an auspicious beginning, to have this power of personality, is more meaningful but much harder to ferret beauty that grabs the attention of those whom newborns out. People do not have their personality characteristics are entirely dependent upon [6]. What is equally shocking is a duet of experiments that tattooed on their foreheads, nor do they display their academic qualifications prominently around. Their financial status is explored the chilling notion that parents direct their hostility a private matter between themselves and their bankers; and towards the least beautiful child in the family. In this study, scientists would not know how to interpret the structure of researchers arranged for a man and a woman to have either someone’s genes, even if they could be presented for inspection a ‘delightful’ or a stressful encounter with each other. The [5]. Thus, as beauty is a person’s first piece of information question was: how would the couple’s encounter affect the way the mother treated that he or she sends to the child? And more the world, it is invaluable importantly, would it that scientists study matter what the child the concept of ‘beauty’ looked like? First, the in order to evaluate women were asked to its impact on societal act along with a man interaction. (actually an experiment Furthermore, beauty confederate) as parents is important to study of a ten-year-old child. because it provides The researchers arranged insight into the reason for the ‘couple’ to have behind the Darwinist either a ‘delightful’ or theory of natural selection a stressful encounter and reproduction. with one another. In Physical appearance these experiments, is a key factor in how the child’s looks were humans choose their Figure 1: The Birth of Venus by Botticelli. Reproduced from [12]. systematically varied. partners because it is an indicator of general health. In order for the survival of Sometimes the girl or boy was very ‘good-looking’ (the the human species, primitive people knew that choosing child’s natural appearance). Sometimes, the same child was partners who look strong, fit and healthy would mean that made to be ‘unappealing’. He or she had dark circles under future generations would be more likely to possess the same the eyes and stringy hair. The researchers found that even after a ‘delightful’ traits. Anthropologically, one’s attractiveness is judged upon encounter, women were less gentle with the unappealing his or her chances of reproductive success. child than with the cute one. They were more likely to punish the unappealing child for errors made in housework. When Pretty Babies Get Picked up First Beauty is an important factor starting from as early as being the woman was angry with the man, she also tended to direct a newborn. With big eyes, silky skin and plump cheeks, her hostility towards the unappealing child. However, in the many people find babies irresistibly cute. There are no ugly same situation, the women were reasonably restrained with babies, just as there are no ugly puppies or ugly brides for the more attractive child. Studies such as this suggest that that matter. But why is beauty important as early as our while beauty protects children from adult anger, ugliness first entrance into the world? As harsh as it may sound, makes them a moving target [5]. This study shows that studies have shown that the physical appearance of newborns ‘beautiful’ children too, and not just adults, are given the affects the way that they are treated. Lacking any speech or advantage of being treated with more kindness, even when personal characteristics, babies are predominantly judged his or her care-giver is in a bad mood. The reactions of the by their appearance. Scientific observations have shown women towards the children is eye-opening because they that in hospitals and day care centers, the cuter babies are provide strong evidence that the acquisition of beauty is picked up first, are picked up more often, and are held for advantageous from an early age, suggesting that beauty longer periods of time. Their needs are also attended to ensures a higher likelihood of being safe from harm and unwarranted hostility from those whom one depends before the other babies [6]. Mothers too respond differently to their own ‘prettier’ upon. babies, cooing and smiling, kissing and holding them more often than do the mothers of plain babies. Although this may First Impressions Count sound unjustified and cruel, there is an evolutionary reason It is ubiquitous that people in society discriminate against is fertile and healthy and that sexual preference is guided by ancient rules that make us most attracted to bodies that look the most reproductively fit [1].

14 THE TRIPLE HELIX October 2008

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MELBOURNE others based on how they look. Beauty and ugliness are associated with their culturally constructed stereotypes and, according to scientific studies, the more aesthetically pleasing you are perceived to be, the smarter and more successful people think you are. In a study titled When Beauty May Fall, women were asked to rank people as beautiful, average, or homely, and then guess their personality characteristics. Shown a series of photos, participants judged the more aesthetically pleasing individuals to be “more sociable, sexually alluring, successful professionally, and personally happy” [1]. In another study, elementary teachers were shown the academic record of an ‘attractive’ or ‘unattractive’ eightyear-old boy or girl. The records were identical, showing the students’ attitudes and work habits as well as their grades in reading, language, arithmetic, social studies, science, art, music and physical education. They even contained a tally of their absences during the school year. Despite identical academic records, teachers were more likely to recommend the child be placed in a class for the ‘mentally challenged’ if he or she was unattractive. They also believed that unattractive children would have poorer psychological functioning and would experience more academic and social difficulties [1]. However, society’s judgements of beauty are not always based on looks. Superior personal abilities can also change the way one is perceived. For example, children thought to have superior academic or athletic assets are perceived as more attractive, at least, by other children. In other words, although the beautiful are being perceived as being talented, the reverse is also true – talented people are seen as being beautiful [5]. Reproduced from [13].

Beauty and ugliness are associated with their culturally constructed stereotypes and, according to scientific studies, the more aesthetically pleasing you are perceived to be, the smarter and more successful people think you are. Don’t Call Us, We’ll Call You A scientific survey has shown a worrying bias on the part of personnel managers in choosing whom to hire for vacant job positions. Personnel managers are willing to admit they discriminate against everyone based on their looks: both males and females. The survey revealed that managers consider a ‘good appearance’ to be more important than a university education, being innovative, or being loyal to the firm [8]. While the evidence cannot be said to apply to all work situations, such studies indicate that managers do discriminate based on physical appearance. Further studies have shown that men’s physical attractiveness is often associated with power, status, wealth and position.

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Height, in particular, has a positive linear relationship with increased salary [9]. On the other hand, there are instances when beauty can be a handicap in getting a job. Marilyn Monroe, for example, was turned down for the part of Grushenka in Dostoyevsky’s The Brothers Karamazov (1958) because the director thought she was too beautiful to be credible and thus no one would be able to relate to her [6]. Cheating the Justice System It sounds outrageous, but beautiful people may even have an advantage in the legal system. Although it is standard that ‘all are equal before the law’, the following study exemplifies that this is not always that case. Criminologists have collected evidence showing that if defendants are ‘good-looking’, they are:



1. Less likely to be suspected of performing illicit activities 2. If caught, they are less likely to be reported 3. And that even if the case does come to court, judges and jurors are more likely to be lenient with them in terms of sentencing [5]

The evidence that points to these conclusions is shocking. Psychologists persuaded 440 young men and women to shoplift items from ten large stores in a major city. Clerks

THE TRIPLE HELIX October 2008 15

MELBOURNE were less likely to stop shoplifters who were well-groomed and neatly dressed than those with long, stringy hair and who were sloppily groomed. Presumably, this may be due to the fact that the clerks were less likely to suspect goodlooking customers and thus were less likely to be watching their every move [5].

Asked why people desire physical beauty, Aristotle said, “No one that is not blind could ask that question”. Customers also noticed strange behaviour. The experiment revealed that customers are more likely to report the ‘shoplifters’ if the shoplifters have an unappealing appearance rather than an appealing one [10]. In two different chain grocery stores and in a discount department store, an accomplice blatantly shoplifted in the presence of other customers. The male or female shoplifter was dressed either in a ‘neat’ style or in a ‘hippie’ style. The ‘neat’ shoplifter looked like a typical professional out on a shopping break. The ‘hippie’ shoplifter was described in the following way: “he wore soiled patched blue jeans, blue workman’s shirt, and blue denim jacket; well-worn, scuffed shoes with no socks. He had long unruly hair with a ribbon tied around his forehead. He was unshaven and had a small beard” [10]. The experiment showed that the ‘hippie’ shoplifters were not only more likely to be reported but, surprisingly, they were also reported with more enthusiasm. For example, one customer said, “that son-of-a-b**** hippie over there stuffed a banana down his coat”. Apparently, if you are going to be thief you would do well to be neatly dressed [10]. It seems that society is equating beauty with affluence, and that a person’s appearance will influence the extent to which they are caught in petty criminal acts. What This Means for the Future The results of the studies discussed demonstrate that people in general are inclined to be nicer to the more beautiful

References: [1] Etcoff, N. Survival of the Prettiest, Abacus, London, 1999 [2] Narrain, D. ‘The Golden Ratio in Art’, The Golden Ratio . Last accessed 1 June 2008. [3] Hatfield, E., & Sprecher, S. Mirror, Mirror…, State University of New York Press, New York, 1986 [4] Halprin, S. Look at My Ugly Face, Penguin Group, New York, 1995 [6] Dostoyevsky, F., 1958, cited in Hatfield, E. & Sprecher, S. Mirror, Mirror…, State University of New York Press, New York, 1986 [7] Friday, N. The Power of Beauty, HarperCollins Publishers, New York, 1996

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individual. It is typical behavior to be more patient with the more adorable child or to suspect an unkempt person of perfidy. The typical behaviors and preferences are related to psychological human nature and thus what we should be aware of is the fact that beauty is not a depraved or discriminatory notion, but rather that everyone should be aware of these prejudiced behaviors and endeavor to treat everyone equally as a result. Asked why people desire physical beauty, Aristotle said, “No one that is not blind could ask that question” [1]. It is apparent that beauty has a huge impact on our lives and in society; otherwise the beauty industry would not survive. More men and women are spending more money to improve their physical appearance than ever before. We buy one new ‘look’ after another. Closets are filled and emptied every season [7]. Beauty has generated a billion-dollar industry that thrives on consumerism. It is emphasized not only because it gives us a social advantage, but also because we are buying into a mass culture that has been created for us through media and advertising. It is inextricable that beauty stems from anthropological roots, but it is also related to culture and this culture projects to us that ‘rich’ and ‘successful’ comes with the attainment of beauty [11]. Fashions change rapidly in contemporary society despite the role of reproductive fitness in influencing perceptions of beauty and this trend points to the fact that history and culture have a commensurable part to play in our perception of aestheticism. Although beauty does influence people’s behaviors, it is ancillary to the quality of one’s character and personality. How do you tell the people who are blinded by vanity and, in particular, the youth that their few moments in the spotlight may be just that? I would answer that we must teach them the role of beauty, pointing out its power but also showing them the far greater importance of the quality of one’s character [7]. Personality traits should overshadow beauty, as kindness, benevolence, compassion and other social skills are lifelong traits that will be useful in almost all situations. Physical beauty is a brief and ultimately empty reign compared with the longevity and significance of one’s quality of character. Jade Lao is studying Arts at The University of Melbourne.

[8] Bowman, G., 1964, cited in Hatfield, E. & Sprecher, S. Mirror, Mirror…, State University of New York Press, New York, 1986 [9] Harter, S., 1993, cited in Friday, N. The Power of Beauty, HarperCollins Publishers, New York, 1996 [10] Steffensmeier, D.J. & Terry, R.M., 1973, cited in Hatfield, E. & Sprecher, S. Mirror, Mirror…, State University of New York Press, New York, 1986 [11] Radice, C. The Progressive Grocer 1996 75 (6), 114 [12] www.artchive.com/viewer/z.html [13] http://www.dreamstime.com/help...-image3205459

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MELBOURNE

Admitting Ambiguity in the Embryonic Stem Cell Debate Shaun Khoo

T

and in 2002, researchers from the State University of New York reported having synthesised polio without any natural template [4]. Using enzymes, but no cells, they produced a molecule that interacted with living tissue and mice in the same way that naturally occurring infectious polio does. The researchers, aware of the problems inherent in classifying viruses as life or non-life, called polio ‘a chemical [C332,652H492,388N98,245O131,196-P7501S2340] with a life cycle.’[4] The idea that viruses are chemicals with life cycles destabilises

who believe that embryos are human individuals [1] and that it is unethical to destroy such individuals [2]. These vitalist objections to hESC research rely on the unambiguous classification of an embryo as a human individual, but advancements in the fields of genetics and synthetic biology are foregrounding ambiguities in the classification of life and the limits of scientific definitions of life.

vitalism, since it suggests that there is no difference between life and non-life except in their chemical arrangements. It may also be possible to synthesise, engineer and create much more than viruses. The J. Craig Venter Institute claims that they have successfully performed genome transplantation, transforming one type of bacteria into another [5]. If an artificial genome were to be synthesised and then implanted to produce a cell expressing an engineered phenotype, would it be more appropriate to call the transformed cell alive, or an elaborate piece of nanotechnology? The participants of the Kavli Futures Symposium predict that the distinction between biology and nanotechnology will eventually blur [6]. If it is possible, in principle, to make life from scratch [6] then life is composed of extraordinarily complex machinery and it becomes more necessary to adopt non-vitalistic motivations for valuing life.

Reproduced from [18].

he use of human embryonic stem cells (hESCs) in scientific research has provoked both warm welcomes and vigorous condemnation from various interest groups. Many scientists are interested in using stem cells in regenerative medicine. This is because stem cells are able to form different cell types, while most somatic cells from adults cannot. However, hESC research has also aroused opposition. The use of embryos in stem cell research is condemned by, among others, the Catholic Church and its sympathisers,

Chemicals with Life-Cycles There is significant ambiguity in the classification of viruses, which have some of the characteristics of life, but not others. If a living organism is cellular and has its own metabolism, then viruses are not alive since they have neither. However, viruses do reproduce and evolve. For example, when HIV is placed under the selective pressure of antiretroviral drugs, it evolves resistance [3]. It is also possible to synthesise viruses © 2008, The Triple Helix, Inc. All rights reserved.

THE TRIPLE HELIX October 2008 17

MELBOURNE These implications do not yet apply directly to humans or other complex animals, but at the same time, humans and complex animals are not exempt. This is because human life arose through the same gradual process of evolution as other lifeforms. Many times during this process, the genetic sequences of exogenous retroviruses became endogenous.

Bioethical debates surrounding hESC research should take into account that life is an ambiguous category and that suitable criteria for defining human individuality are not clear and simple. When the sequence of the human genome was published in 2001, endogenous retroviruses and their regulatory sequences were shown to make up 8% of our genome [7]. This resembles symbiosis on a genetic level and demonstrates that the human genome is built using, among other things, chemicals with life cycles. Other complex animals also experience this process and it is currently under observation in koalas [8]. The genomes of complex animals are not only exploited by viruses, but incorporate living chemicals into their composition. If living chemicals can be incorporated into and inherited through the human genome, then there is not an insurmountable barrier between human life, non-human life and non-life. These concepts are not discrete and easily separable, but instead exist on a continuum. Fertilisation and Individuality A crucial part of vitalist objections to hESC research is that embryos are human individuals and it is therefore unethical to destroy them. However, the criteria by which human individuals are identified as individuals are not absolute. The transition between the haploid and diploid stages of human development is sometimes considered to be the defining moment of a new human individual, even though fertilisation is a complex process [9]. The Catholic Church’s Congregation for the Doctrine of the Faith has declared that when ‘the ovum is fertilized, a life is begun… the life of a new human being…’ [10] This is problematic for three reasons: monozygotic or identical twins, chimerism, and parthenogenesis. It is commonly known that identical twins have identical genes, which can be traced back to a single fertilisation. If fertilisation were used as the absolute and definitive beginning of the human individual it would leave room for only one person to be produced per fertilised egg. It is therefore unrealistic to use fertilisation events to distinguish between human individuals in the case of identical twins because it is self-evident that they are not the same person. Chimerism also provides a strong challenge to the use of fertilisation events to distinguish individuals. In 2002, the New England Journal of Medicine featured a brief report on 18 THE TRIPLE HELIX October 2008

chimerism in which a woman was found to be a tetragametic chimera [11]. Tetragametic chimerism occurs when two eggs are fertilised separately and merge early in development to ultimately produce a single human being. It has been known for decades that chimerism occurs, [12] and it is becoming apparent that chimerism also takes place on a very small scale between a foetus and its mother as cells are exchanged between the two and persist long after the pregnancy is over [13]. If human life begins at fertilisation and each individual has only one genome, then a tetragametic chimera is two people in one body and many individuals have others living within them. It is therefore inappropriate to require genetic ‘purity’ in order to consider a person as a distinct individual. Fertilisation events are also unnecessary for initiating development. Parthenogenesis occurs when offspring are produced without the need for fertilisation. It has been observed in many species, including the Komodo dragon [14], and human eggs may be activated so that they develop parthenogenetically [15]. A collaborative effort between scientists from Russia and the USA even managed to derive hESC lines from parthenogenetically activated eggs [16]. Although human embryos produced through parthenogenesis have not yet survived to maturity, this development allows many objections to hESC research to be avoided, as fertilisation is not involved. In principle, it ought to be possible for a parthenogenetically-derived embryo to survive to maturity even though actually doing so would raise its own set of ethical concerns. However, the assumptions essential for vitalist objections to hESC research would require the adult human parthenote to not be considered an individual. Mammalian parthenotes cannot be distinguished from fertilised eggs by their morphology [17]. They fail to reach maturity because they require paternal genome expression [18], but if artificial techniques could overcome the challenges posed by genetic imprinting, there is no reason why the mature parthenotes would look or behave any differently to other individuals. Just as an ant produced by parthenogenesis [19] is an ant and a

Reproduced from [17].

© 2008, The Triple Helix, Inc. All rights reserved.

MELBOURNE If it is possible, in principle, to make life from scratch then life is composed of extraordinarily complex machinery and it becomes more necessary to adopt non-vitalistic motivations for valuing life. distinct member of the colony, the hypothetical human parthenote would also be a distinct human individual. The use of fertlilisation events as the absolute signifier of the beginning of human life would deny that the parthenote was an individual, which is false in the same self-evident fashion as the idea that identical twins are one individual.

References: [1] Sherley, J.L. Cell Proliferation 2008 41 (Suppl. 1), 57-64 [2] Address of His Holiness Pope Benedict XVI to Participants on the Symposium on the Theme: Stem Cells: What Future for Therapy? Scientific Aspects and Bioethical Problems. Cell Proliferation 2008 41 (Suppl. 1), 4-6. [3] Carvajal-Rodriguez, A. Crandall K.A. & Posada, D. Infection Genetics and Evolution 2007 7 (4), 476 [4]Cello, J. Paul A.V. & Wimmer, E. Science 2002 297 (5583), 1016 - 1022 [5]Lartigue, C. et al. Science 2007 317 (5838), 632-638 [6] Austin, R., et al. ‘The Ilulissat Statement’, paper presented at The Kavli Futures Symposium ‘The merging of bio and nano: towards cyborg cells’, Ilulissat, Greenland, 11-15 June 2007. [7] Lander, E.S. et al. Nature 2001 409 (6822), 860-922 Tarlington, R.E. Meers, J. & Young, P.R. Nature 2006 442 (7098), 79-81 [8] Familiari, G. Heyn, R. Relucenti, M. Nottola S.A. & Sathananthan, A.H. International Review of Cytology 2006 (249), 53-141 [9] Congregation for the Doctrine of the Faith, Declaration on Procured Abortion Rome, 1974 [10] Yu, N. et al., New England Journal of Medicine 2002 346 (20), 1545-1552 [11] Uchida, I.A. Wang, H.C. & Ray, M. Nature 1964 204 (4954), 191 [12] Stevens, A.M. Clinical and Applied Immunology Reviews 2005 5 (5), 325-338 Watts, P.C. et al. Nature 2006 444 (7122), 1021-1022 [13] Revazova, E.S. et al., Cloning and Stem Cells (2007) 9 (3), 432449 Kiessling, A.A Nature 2005 434 (7030), 145 [14] Kim, K. et al., Science 2007 315 (5811), 482-486 [15] Pearcy, M. et al. Science 2004 306 (5702), 1780-1783 [16] Nature 2007 447 (7148), 1031-1032 [17] www.everystockphoto.com/photo.php?imageId=3100540 [18] http://www.dreamstime.com/sperms-and-human-eggimage1194205

This suggests that it is not appropriate to use fertilisation as a signifier for the beginning of a distinct human life and superior criteria should be developed. Bioethical debates surrounding hESC research should take into account that life is an ambiguous category and that suitable criteria for defining human individuality are not clear and simple. The approach of often religiously motivated vitalists fails to consider that science is unable to define human life with the precision required for their arguments to work. As a Nature editorial on the topic of synthetic biology remarks, “[T]he formation of a new being is gradual, contingent and precarious…” [20] While there should always be room for society to raise concerns, the field of hESC research deserves discussion that recognises the limits of its terms and goes beyond simplistic and reductive conceptions of life and its beginnings. Shaun Khoo is studying Arts/Science at The University of Melbourne.

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MELBOURNE

What Lies Beneath: Museums and the Repatriation of Ancient Human Remains Mubing Duan

I

magine all the different thoughts running through your mind if you were to unexpectedly unearth a corpse in the middle of a science expedition. Research ethics would probably not rank highly as one of them. Yet it is this particular issue which lies at the centre of an ongoing controversy surrounding the right of indigenous communities to reclaim ancient ancestral remains from public museums and research institutes. Repatriation is ‘the process by which museums and other institutions transfer possession and control of indigenous human remains, funerary objects, objects of cultural patrimony and sacred objects back to their tribes of origin’ [1]. In the US, it is legislatively enforced under the ‘Native American Graves Protection and Repatriation Act (1990)’ and similar policies are being adopted by other museums and institutes across the globe [2]. Co-operation, however, remains sketchy as members of the research community have raised objections against the unconditional handover of such valuable and rare anthropological materials for reburial or cremation. The question remains this; do our research ethics compel scientists to act with integrity by returning all such specimens in their possession, or are scientists actually obliged to continue their research out of a social responsibility to furthering our knowledge of human adaptation, health and disease? There was a time when museums were more than just ancient repositories of dusty and inanimate specimens. Once upon a time, science was heralded as a noble and perilous quest, carried out by bands of adventurous academics in search for the Holy Grail of all archaeological discoveries. By the mid 1900s, expeditions had uncovered hominid fossils from South Africa, Aztec artefacts from South America and ancient human remains from the insides of Egyptian pyramids to across the vast expanses of Australia. Public lauding accompanied many of these findings, as successful archaeologists returned to their home countries with their discoveries laden in their trunks. By convention, all archaeological artefacts became property of the funding national museums and academic institutions, to be proudly displayed in collections equally for the sake of reputation as well as serious academic research. Rightful ownership claims, however, proved to be far from settled and the last few 20 THE TRIPLE HELIX October 2008

decades have been witness to extensive government lobbying, requests and petitions from many indigenous communities for the repatriation of their ancestral remains. In 2007, the Tasmanian Aboriginal Centre (TAC) mounted a legal case against the Natural History Museum of London (NHM) over a proposal to test DNA and tissue samples extracted from the ancestral remains of 17 Tasmanian Aborigines [3-5]. Although an agreement on repatriation had been made, delays in handover occurred when the NHM announced its intention to perform scientific tests on the specimens prior to their return. This promptly sparked an outcry from the TAC, which views the extraction of DNA and tissue samples for scientific analysis as a form of ancestral desecration. A major dilemma presents itself in this case and it is the same one which haunts the whole issue of repatriation. Should the NHM surrender their samples and agree to an unconditional return of all the primitive remains in question, or are there greater social benefits to be gained from the commencement of these scientific studies? This is where we return to that corpse that you have just discovered. Apart from the “how”, “why” and “finally, my ascendency to great scientific renown,” the first thing you would probably like to establish would be the exact identity of this corpse. This may not be a particularly easy question to answer; the corpse is highly unlikely to come attached with a carefully categorised and cross-referenced history of its own origins. Historical records are prone to mix-ups, misplacement and fabrication in a way which DNA analysis can easily avoid. Moreover, rapid advancements in Reproduced from [8]. DNA amplification technology now enable us to extract minute DNA samples from the bones of ancient remains with minimal tissue damage or loss. Indeed, opponents against unconditional repatriation argue that both museums and indigenous communities would potentially benefit from such studies, as the comparative analyses of the differences in genetic sequence of primitive remains can firmly establish their evolutionary origins in a way that paper and historical records cannot. The information provided by these DNA sequences would also allow scientists to track human evolutionary changes and the prevalence of genetic disease susceptibilities in different indigenous © 2008, The Triple Helix, Inc. All rights reserved.

MELBOURNE communities, which is particularly important as members of enclosed communities are more likely to inherit common genetic traits compared to rest of the human population. The latter claim, however, may be called into question as population studies are an equally if not more valid method of identifying genetic predispositions in different communities and subpopulations. And as history grimly reminds us, the outcome of such research may, in the wrong hands, be used to denigrate the very native community under study. Nevertheless, keeping in mind both the practicalities of specimen identification and the potential anthropological contributions arising from such studies, can we still claim that scientist are completely unjustified in their stance against unconditional repatriation? Heavens forbid, but let us now imagine that you were a scientist interested in the understanding the history of human variation, adaptation, evolution and disease susceptibility. The corpse that you have just unearthed turns out to be a rare specimen which predates Australia’s pre-colonisation era. It has the exciting potential to reveal clues on how human populations respond to selective environmental pressures and change. If this is indeed the case, as is with all the ancient human remains kept in museum collections across the globe, then hopefully you would like to see the corpse preserved in a safe repository where it can be studied with the care and respect that all rare and precious materials duly receive. The chances are that you would also be rather reluctant to see the corpse promptly incinerated or reburied and left to decompose for another 1000 years or so, before the next bumbling scientist stumbles along. Under the AngloAustralian legal system, entitlement to the disposal of a deceased person’s corpse is automatically granted to the family or legal executor. The right to this entitlement, however, is fundamentally very different to the right of a community in its claim over the disposal of the ancient remains of one of its tribal ancestors. Whilst medical coroners are legally compelled to hand over a corpse to the next of kin or legal executor for disposal after completion of the post mortem, the same jurisdiction does not apply to scientists or institutions in possession of primitive remains belonging to an individual deceased for hundreds of years and with no direct familial descendents. Thus, in comparison to the former situation, the community’s call for repatriation is founded upon a much weaker jurisdictional principal. However, even this may not necessarily mean that scientists are ethically less obliged to respect a community’s request for the repatriation of its ancient ancestors’ remains. In the words of the Australian National Health and Medical Research Council (NHMRC), there is a universally decreed code stating that all good scientists must seek to establish and maintain a strong research culture of ‘intellectual

honesty and integrity, and scholarly and scientific rigour’[6]. Under current NHMRC guidelines, scientists are expected to manage conflicts of interest so that ‘ambition and personal advantage do not compromise [any] ethical and scholarly considerations’ [6]. Furthermore, the NHMRC policy regarding ‘Ethical Conduct in Aboriginal and Torres Strait Islander Health Research’ prioritises the importance of respecting the ‘values, expectations and cultures’ of indigenous communities, even at the cost of scientific research itself [7]. This is understandable. The perpetuation of cultural richness is a praise-worthy reflection of human existence, and the values of all ethnic communities deserve the equal right of our respect. The significance of cultural traditions should never be lightly dismissed for the greater scientific good, especially not when the community holds even the slightest legitimate claim over the proceedings in question. In fact, the ethics of reparation are less based on the law of property but rather on the need for scientists to recognise and respect the cultural traditions of all people. The withholding of indigenous ancestral remains holds enormous emotive appeal, and museums and other institutions risk appearing cold and callous to the eyes of the general public if they adopt anything less than a completely co-operative approach. As the hypothetical scientist, would you still choose to keep the corpse if it meant losing the respect and support of the very people you were trying to help in the first place? Hopefully this has just sounded like a rhetorical question. The boundaries of scientific responsibility and ethical conduct are not always as distinct as we would like them to be, and neither are the dilemmas that arise confined to the issue of repatriation alone. In this particular situation, we can theoretically present the scientist as an individual torn between a desire to respect community values and a utilitarian obligation to continue conducting scientific studies which carry many potential benefits for mankind. I use the word theoretically here, because in reality, scientists do not really have the luxury of making this choice. Science loses its standing if it loses the support of the people it aims to benefit; the very same people, incidentally, whose taxes fund the majority of all scientific grants in the first place. For scientists, laboratory life is often a juggling act of academic rigour, scholarly integrity, social responsibility and an ongoing obligation to preserve the public image of science itself. Accidentally unearthing corpses, at times, can be the least of their problems.

References: [1] Repatriation Office of the National Museum of Natural History, What is Repatriation? . Last accessed on 11 July 2008 [2] Forde, C & Parker, L O. Indigenous Law Bulletin 2001, 5(6), 9-13 . Last accessed on 14 April 2008 [3] Denholm, D. and Wilson, P., “Museum Bones Legal Fight ‘A Waste’ of $1m”, The Australian, February 24 2007 . Last accessed 14 April 2008 [4] Amos, J. “Science Argues to Keep Bones”, BBC News, May 16 2003, . Last accessed 14 April 2008 [5] Cordingley, G., “Activist ‘Not Going Home without Bones’, Sunday Tasmanian,

February 22 2007 . Last accessed 14 April 2008 [6] National Health and Medical Research Council, Australian Code for Responsible Conduct of Research, Commonwealth of Australia, Canberra, 2007 . Last Accessed 14 April 2008 [7] National Health and Medical Research Council Values and Ethics: Guidelines for Ethical Conduct in Aboriginal and Torres Strait Islander Health Research, Commonwealth of Australia, Canberra, 2003 . Last accessed 14 April 2008 [8] http://www.dreamstime.com/ancient-grave-image3867552

© 2008, The Triple Helix, Inc. All rights reserved.

Mubing (Erika) Duan is studying Science at the University of Melbourne. She is currently completing honours through the Department of Medicine with the Royal Melbourne Hospital and the Ludwig Institute for Cancer Research.

THE TRIPLE HELIX October 2008 21

MELBOURNE

Toxic Handlers: Sustaining the Emotional Workplace Sook Jin Ong

T

he workplace is an increasingly volatile environment to be in. As firms compete to remain in the market, drastic measures are often taken to ensure their survival, some of these at the expense of their own employees. Changes are rife, downsizing takes place in the name of cutting costs, and job security is no longer something employers can offer to their people [1]. In order to stay on board, employees are pushed to their limits – extraordinary performances are expected, and that too is often not enough to ensure continuous employment in the organisation. This in turn breeds uncertainty, and negative emotions such as fear, hurt and anger [2]. In a more ‘everyday’ situation that does not involve such extreme activities, negative emotions are capable of manifesting too. Think of times when a dedicated employee has their expectations and confidence taken away by mismanagement, discriminating policies, and even colleagues and/or clients that create problems for the employee [3]. In short, emotions make up part of the organisational life and, in light of recent trends, the management of emotions in the workplace could possibly spell the success or death of organisations. Corporations are often depicted as heartless organisms made out of steel and concrete, equipped with a brain to rationalise the best way to maximise profit and nothing more. While this common adage puts aside the influence emotions play in an organisation, the reality is, an organisation consists of people within it, coming together for a common goal [4] – and all these people have feelings! The notion that organizations are emotionless came about from the Scientific Management movement, in which organisations are encouraged to view employees as nothing more than cogs in a wheel, and all tasks should be streamlined and made simple, in order to reduce costs and increase productivity – all in the name of maximising profits. This view is less relevant in the new knowledge economy, whereby the people within an organisation make a difference to the type of competitive advantage an organisation is able to lever to compete in its environment. In the light of current trends, such as mergers and acquisitions, downsizing and reengineering, one would expect negative emotions, particularly that of hurt, anger and fear, to be commonplace in organisations. In recent literature, for example, pain is accepted as part of organisational life. Pain in itself is not so much the problem – the way pain and all other negative emotions are dealt with may form the root to future complications within the organization [5]. The effects of mishandling these emotions will manifest in the long run. How do we manage the assortment of emotions that exist in an organisation at a given time, and who should be doing this? What should be done to support these people? And given that negative emotions can take place in any 22 THE TRIPLE HELIX October 2008

organisation – be it a Fortune 500 company on the verge of a new takeover, or a research institute struggling to secure funding, or a religious denomination in their daily routine, or even a small student-run science society in the university – awareness of this phenomenon and its healers should come to light. The Toxic Handler The handling of negative emotions is often dealt with by a group of people called the ‘toxic handlers’. Peter J. Frost aptly coined the term ‘toxic handlers’ to depict the work of those left to deal with the emotional pain caused by organisational decisions and actions [5]. The metaphor captures the concept of emotional pain as something hazardous that needs careful handling to dispose of, and this is done by certain people, not merely anyone. Just like real toxic handlers, these metaphorical ‘toxic handlers’ are people who help others come to terms with their hurt and allow them to get on with their work. In the era where change has become a permanent feature of the corporate world, having these individuals who are

Reproduced from [16].

equipped with toxin-handling competencies will bring an added advantage in ensuring the longevity of an organization [6]. These people are motivated by the desire to listen, hold a space for the pained one to heal, buffer the pain, extricate the pained one from the painful situation itself, and ultimately transform the pain in order to allow the pained one to move on [5]. Their toxic-handling activities are often marked by high levels of emotional intelligence – this refers to one’s socioemotional competence. In particular, it refers to the ‘ability to monitor one’s own and others’ feelings and emotions, to discriminate among them, and to use this information to guide one’s thinking and action’ [7]. © 2008, The Triple Helix, Inc. All rights reserved.

MELBOURNE

Imagine a situation whereby an airline company is undergoing a major overhaul in terms of its human resource, with significant downsizing taking place. A leader with toxic handling skills will try to minimise the negative elements from this activity – he would begin by honestly communicating this change to the employees. Information and updates on the change process will be communicated clearly and frequently to avoid apprehension, and to stop rumours from spreading. Those who are about to be laid off will be given adequate compensation, and there will be help to assist them in job search. The remaining employees – the survivors, of which most are often jaded by the change, will be given reassurance that there will not be changes in the meantime, in order to reduce their fear of being unemployed. As shown in this example, negative emotions are unavoidable, but there are steps that can be taken to reduce their impact. Unfortunately, as crucial as it seems, the handling of toxic emotions in an organisation is mostly unnoticed or unrewarded. It is due to the intangible, unseen nature of this task, whereby being there for someone is unquantifiable and not part of the official description of a job [5]. In positions such as a manager’s, dealing with a colleague’s well-being is often taken for granted as part of what being a manager entails to. In a world where performance is evaluated based on their dollar value or tangible outcomes, the handling of emotions is easily ignored. This is compounded with the common notion that emotions are seen as out-of-place in the work environment [8]; rationale, reasoning and logic are the order of the day. Toxic handlers can come from any level of hierarchy in the organisation – they exist from front-line employees to © 2008, The Triple Helix, Inc. All rights reserved.

Reproduced from [17].

top-tier managers. Anyone who has the capacity to deal with emotional pain and steps up to do so is, technically, a toxic handler. Think of a fellow truck driver in a transportation company who has heard about the overloading of deliveries in a route that you have been assigned to by the boss, and opts to help you out by taking on some of the deliveries himself. Also, consider a fellow colleague in the office who self-organised a fund-raising event to assist a workmate who has lost his home in a fire. Or, a manager of a small division in the company who upon finding out about the discontentment of her team on not receiving adequate support for their project, placates her team and proceeds to try and gain much needed resources from the top management. Given the nature in which toxic handlers can originate from any level in the organisation, it is harder for the organisation to identify and reward a toxic handler. Poisonous Consequences The toxic handlers themselves are not immune to these emotions that they handle. As the metaphor would suggest, in dealing with real toxins, one would imagine the use of protective gear to reduce the chance of coming in direct contact with the hazardous materials. It also gives us the imagery of an expert being the one dealing with these noxious materials. Unfortunately, the toxic handler that deals with emotions is untrained and in doing so, exposes him/herself to the possibilities of harm. They are also caught up with their own work of helping others, that sometimes they do not realise nor acknowledge the presence of such negativity within themselves [5]. Emotions are most often contagious – how someone is feeling can rub off on another [9]. In trying to THE TRIPLE HELIX October 2008 23

MELBOURNE help, the toxic handler might be exposed to psychological and physiological harm from absorbing the negativity exuded by the one they are trying to help [10]. It is unfortunate, as even experienced and trained emotion handlers, such as social workers and therapists, are often burned out by these experiences [11]. While there are psychological benefits from being empathic to one’s own colleague, the feeling of accomplishment is not always enough to counter the wear and tear from handling someone else’s negative emotions. The health impact upon these people should not to be taken lightly. Stiff necks, nausea, and headaches are among the many symptoms of excessive stress that one may suffer from. Research done by Dr Hans Seyle in the 50s pioneered the notion that overwhelming stress brings about a breakdown of the protective mechanisms in one’s body, hence the weakening of one’s immune system [12]. For example, a 1993 study spanning two decades has shown the link between stress and the speed of cancer spreading [13]. The study also shows weakened resistance to viral infections, increased chances of a heart attack occurring, and increasing blood pressure. Interestingly, this research notes that stress puts pressure on one’s biological weak points – it differs for each individual, and the individual suffers in accordance to their own weakened biological areas. Subsequent studies done over time by other scientists measuring the levels of IgA –secretory immunoglobulin A, a key immune system antibody that aids in the resistance of viruses and bacteria – have found that a person’s emotions affect the levels of IgA in their body [14]. Negative emotions suppress the presence of IgA, and toxic handlers who are often exposed to negativity are more likely to have weakened abilities to fight against infections. Future Directions Given the extensiveness of this societal phenomenon, something must be done to support the role of toxic handlers. Organisational acknowledgment is the first step to giving legitimacy and needed resources to support the handlers [5]. By raising such consciousness, the workplace can be more conducive to the efforts played by the handlers. Their work needs to be backed up by organisational reward systems, general policies and other forms of informal reinforcement, such as changes in organisational culture, to ensure organisational and individual well-being.

References: [1] Hartley, J. Jacobson, D. Klandermans, P.G. & van Vuuren, C.V. Job Insecurity: Coping with Jobs at Risk Sage Publications, London, 1991 [2] Jordan, P.J. Ashkanasy, N.M. & Härtel, C.E.J. Academy of Management Review 2002 27 (3), 361-372 [3] Fraser, J.A. White Collar Sweatshops: The Deterioration of Work and Its Rewards in Corporate America W. W. Norton, New York, 2001 [4] Jones, G.R. Organizational Theory, Design, and Change Pearson Education, Inc., Upper Saddle River, NJ, 2007 [5] Frost, P.J. Toxic Emotions at Work: And What You Can Do About Them Harvard Business School Press, Boston, Massachusetts, 2007 [6] Kahn, W.A. Administrative Science Quarterly 1993 38 (4), 539-563 [7] Mayer, J. & Salovey, P. Applied and Preventive Psychology 1995 4, 197-208 [8] Fletcher, J. K. Disappearing Acts: Gender, Power and Relational Practice at Work MIT Press, Cambridge, 2001

24 THE TRIPLE HELIX October 2008

There also need to be increased awareness amongst these people themselves that the work they are doing can be potentially dangerous if not handled well. Self awareness of being a toxic handler, and the realisation that there are steps that can be taken to ‘heal the handler’ will make a difference. Exercising, taking things lightly, going for a walk, vacation time and learning how to be impartial will aid to the wellbeing of a toxic handler. The importance of having a rest and breaking away from a stressful situation has been scientifically shown. In a research done by Jim Loehr and

Unfortunately, as crucial as it seems, the handling of toxic emotions in an organisation is mostly unnoticed or unrewarded. Tony Schwartz, the biological changes that take place in a person taking part in prolonged challenging activities have been recorded. A person’s hormone, glucose and blood pressure drops every 90minutes or so, and if one fails to seek recovery and thereby denies the body from following its natural stress-rest cycles, the overall capacity to perform is compromised [15]. All in all, as the workplace takes on a more capricious nature, people need to be aware of the serious effects negative emotions can have on fellow colleagues and organisational performance, and take precautionary steps to reduce these consequences. It starts with something as simple as acknowledging the emotions involved in workplaces, the importance of the work done by toxic handlers, and making positive steps to ensure these toxic handlers are supported. More importantly, a work environment where emotions are an accepted and integral part of the makeup of the organization should be fostered, rather than an ignored, and potentially hazardous, reality. Sook Jin Ong is studying Commerce at The University of Melbourne.

[9] Goleman, D. Emotional Intelligence Bantam Books, New York, 1995 [10] Dossey, L. Be Careful What You Pray for... You Just Might Get It: What We Can Do about the Unintentional Effects of Our Thoughts, Prayers and Wishes HarperCollins, San Francisco, 1997 [11] Grosch, W.N. Olsen, D.C. When Helping Starts to Hurt: A New Look at Burnout Among Psychotherapists W. W. Norton, New York, 1994 [12] Seyle, H. Stress in Health and Disease Butterworth-Heinemann, London, 1976 [13] McEwen, B.S. & Stellar, E. Archives of Internal Medicine 1993 153 (18), 20932101 [14] Rein, G. McCraty, R. & Atkkinson, M. Journal of Advancement in Medicine 1995 8 (2) [15] Loehr, J. & Schwarz, T. Harvard Business Review 2001 79 (1), 120-128 [16] www. dreamstimefree_1201219 [17] http://www.dreamstime.com/4535816workstress

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MELBOURNE

All We Need Is Just a Little Patents: The Lack of Commerical Protection for the CAM industry in Australia Aaron Mentha

“The complementary medicine industry is under threat and the need for evidence has never been greater” [1].

T

he complementary and alternative medicine (CAM) industry in Australia is controversial, to say the least. Despite growing CAM use among consumers, questions concerning the efficacy and safety of many complementary medicines continue to arise. Many of these concerns are not unfounded: relative to the pharmaceutical industry, CAM companies overall spend significantly less time, effort and money researching and trialing their products before they are given the green light by the Therapeutic Goods Administration of Australia to enter the marketplace. Yet the pharmaceutical industry enjoys a means of recouping the money it spends on product research and development, the CAM industry does not - patent protection. This article will explore the extent to which the inability of CAM companies to regain their expenditure on product research and development through patent and intellectual property protection provides a disincentive for CAM companies to properly research and assess their products. It will then be argued that the fact that CAM companies are able – and, indirectly, encouraged by current restrictions to patenting – to pump out a high volume of products at minimal cost with limited regard to efficacy and safety is largely responsible for their enduring dubious reputation in Australia relative to the pharmaceutical industry. Measures of change will also be suggested and evaluated for their potential to address this imbalance, in light of the system of patent protection scheme in place for traditional medicines in the People’s Republic of China.

The lack of commercial protection available to CAM companies in Australia provides a disincentive for their expenditure and development of evidence-based complementary medicines, which, in turn, exacerbates the industry’s negative reputation. © 2008, The Triple Helix, Inc. All rights reserved.

Medicines in Australia Medicines are therapeutic goods that are represented to achieve their ‘principle intended action by pharmacological, chemical, immunological or metabolic means [2].’ In Australia, the primary regulatory body for medicines is the Therapeutic Goods Administration (TGA), which broadly groups medications into two groups: high risk and low risk. Medicines regarded as presenting a higher level of risk, such as prescription pharmaceutical medicines, are required to be assessed individually for efficacy, safety and quality before being registered on the Australian Register of Therapeutic Goods (ARTG) under s9A of the Therapeutic Goods Administration Act 1989 (Cth). Lower risk medicines, such as complementary medicines, are not required to be individually assessed for efficacy. Manufacturers are simply required to assure the TGA that all indications and claims made in relation to their products are supported by evidence, which may be audited at a later date. These medicines must then be listed on the ARTG. Complementary Medicines Section 52F of the Act defines “complementary medicines” as ‘therapeutic goods consisting wholly or principally of one or more designated ingredients, each of which has a clearly established identity and a traditional use.’ “Designated active ingredients” are defined by s52F of the Act as those listed in Schedule 14 of the Therapeutic Goods Administration Regulations 1990 (Cth), while the TGA publishes the index, Substances that may be used in listed medicines in Australia [3], in order to further clarify which ingredients may and may not be used in CAM preparations. “Traditional use” of such an ingredient refers to use that is well documented or established ‘according to the accumulated experience of many traditional healthcare practitioners over an extended period; and accords with well-established procedures of preparation, application and dosage’ [2]. Complementary medicines do not generally require a prescription, and may be found on supermarket, pharmacy and health food store shelves in the form of health supplements, traditional Chinese medicines, vitamin and mineral preparations and herbal, aromatherapy or homeopathic substances. CAM products such as those claiming to support prostate function or help to manage the symptoms of menopause will often include a unique formulation of one or more designated active ingredients, often plant or herbal derivatives, created on the basis of both scientific data and traditional knowledge. While some complementary medicines may be registered on the ARTG, the overwhelming majority of CAM products

THE TRIPLE HELIX October 2008 25

MELBOURNE are listed. Accordingly, the term “complementary medicines” in this essay is used to refer to listed CAM products. Pharmaceuticals For the purposes of this article, “pharmaceuticals” may be defined as goods required to be registered on the ARTG, which focus upon the use of isolated drug compounds in order to achieve their intended action. The Australian Patent System A patent is a legally enforceable right granted for any suitable invention which gives its owner the exclusive right to commercially exploit the invention for the duration of the patent. In exchange for exclusive commercial rights over their invention, patentees are required to submit documents detailing the specifications of their inventions to the patents office. These documents are open to public inspection [2], thereby increasing publicly available technological information in a bid to stimulate further industrial innovation and encourage economic growth.

Adapted from [28].

There are two types of patent available in Australia: standard patents and innovation patents. In order for either to be granted, an invention must meet the threshold tests outlined in s18 of the Patents Act 1990 (Cth). Standard Patents Standard patents may be granted for inventions qualifying as a ‘manner of manufacture’ [4] that can be considered novel, inventive and useful [4]. The current test for what qualifies as a manner of new manufacture stems from the High Court’s decision in National Research and Development Corporation v Commissioner of Patents [5]. Essentially, the 26 THE TRIPLE HELIX October 2008

invention must qualify as ‘a mode or manner achieving an end result which is an artificially created state of affairs of utility in the field of economic endeavour.’ [6] The term for a standard patent is 20 years, during which time the patentee enjoys the exclusive right to exploit the invention or authorise another person to do so [4]. For pharmaceuticals, a further five years’ patent protection may be obtained upon application [4]. In large part, this measure is in place to compensate pharmaceutical companies for the expensive and lengthy research and development steps they must undertake to produce marketable medicines, which may leave only limited patent life in which to recoup initial investment by the time the product reaches the marketplace. Innovation Patents Innovation patents are similarly granted for manners of manufacture considered to be ‘novel’ and ‘useful’ [4]. However, these patents need only meet the less onerous criteria of involving ‘an innovative step’, rather than being ‘inventive’ [4]. Accordingly, these patents endure for eight years only [4]. Yet, while the innovation patent principle threshold test is deliberately easier to satisfy than that of the standard patent, innovation patents are encumbered by the additional restriction of s18(3) of the Patents Act: ‘plants and animals, and the biological processes for the generation of plants and animals, are not patentable inventions.’ For the CAM industry, the implications of this restriction are far-reaching. Commercial Protection: Pharmaceutical vs CAM Among the many differences that exist between pharmaceutical and CAM products, the following is key: pharmaceutical medications utilise isolated drug compounds, while CAM medications utilise entire plant and natural products. Therefore, while the pharmaceutical preparation of an analgesic drug such as morphine may contain an isolated chemical compound extracted from a poppy flower as its active ingredient, the complementary medicine alternative may contain the flower itself. Pharmaceutical companies are able to patent both he novel, useful and inventive or innovative processes by which they isolate chemical compounds or other active ingredients, as well as the compounds themselves. Both methods effectively enable patentees to gain exclusive commercial rights over any products incorporating their patented ingredients. Yet both forms of protection remain largely unavailable for companies manufacturing alternative medicines. Because complementary medicines typically incorporate whole plant and herbal products such as roots and leaves – not just their active pharmacological components – there are no extraction processes that may be patented in order to afford CAM companies exclusive commercial rights over their products. Therefore if patenting is desired an argument needs to be made that the new use of existing product is in itself a manner of new manufacture as defined in the NRDC case. Further, the substances available for use in complementary medicines in Australia cannot be patented because their use is neither novel, inventive nor innovative; they are required to be drawn from a pre-existing list: the TGA’s Substances that may be used in listed medicines in Australia.

© 2008, The Triple Helix, Inc. All rights reserved.

MELBOURNE Any health claims or indications made on the basis of the inclusion any of these substances within a complementary medicine must then be supported by (usually pre-existing, and therefore not novel) traditional or scientific data. The ability to demonstrate that the medicine is ‘useful’, in the sense of working as it is claimed to, is another requirement of patenting – and one that provides at least some guarantee of efficacy. All these problems aside, s18(3) of the Patents Act precludes plants, which account for the large portion of the substances the TGA allows to be used in listed medicines – from being patented. Intellectual Property Protection Available for CAM Patenting the Medical Treatment Process The ability to patent methods of treating the human body has evolved significantly through Australian case law in the past several decades. In National Research Development Corp v Commissioner of Patents [5], the High Court assumed that methods for treating the human body were not patentable because they lay outside the concept of invention by virtue of being essentially non-economic [7]. Barwick CJ agreed in his reasoning in Joos v Commissioner of Patents [8] that medical treatment ‘is not a proper subject of letters patent’ [8]. Yet, he expressed the view that a narrow definition of the term “medical treatment” should be taken, such that chemical preparations applied to the skin to prevent sunburn and other such products would not fall into this category. Rather, the term should be considered to refer strictly to processes of treating the human body to cure, prevent or ameliorate disease. Accordingly, the Patent Office adopted the view that applications to patent methods of treating the human body would not be rejected solely on the basis that the human body was involved [9]. However, in the more recent full Federal Court case of Anaesthetic Supplies Pty Ltd v Rescare Ltd [10], Lockhart and Wilcox JJ considered the above reasoning as obiter dictum, and therefore not binding on the court. This conclusion was supported in 2000 in Bristol-Myers Squibb Co v FH Faulding & Co Ltd [11], in which Black CJ, Lehane and Finkelstein JJ held that a method of medical treatment of the body was indeed patentable [11].

© 2008, The Triple Helix, Inc. All rights reserved.

With nothing to preclude Australian courts from recognising patents to treat the human body, it is possible to consider the likelihood of patents being used to protect the methods of administration of a particular CAM. In the case of Bristol-Myers Squibb Co v FH Faulding & Co Ltd [11], it was concluded that the only factor preventing a method of administering the cancer drug Taxol over a shorter time period from being patentable as a method of medical treatment was the invention’s failure to satisfy the novelty requirement. The court reasoned that if a prior publication is to destroy novelty, it must give a direction or recommendation ‘which will result, if the skilled reader follows it, in the claimed invention’ [11]. In that instance, a published clinical trial outlining the method of treatment with Taxol was considered sufficient. Because of the TGA’s requirement that the health claims and indications for all listed medicines be supported by evidence, which most often takes the form of published clinical trials, CAM companies are essentially unable to claim any method of use for their products without reference to previous publications. Consequently, the use of patents to protect the methods of medical treatment involving complementary medicines is almost certain to fall short of the novelty requirement for the same reasons as those given in BristolMyers Squibb Co v FH Faulding & Co Ltd [11]. Swiss Style Patent Claims In Bristol-Myers Squibb Co v Baker Norton Pharmaceuticals Inc [12], Jacob J noted that by taking the generalised form: ‘the use of compound X in the manufacture of a medicament for a specified (and new) therapeutic use’ [12], the Swiss style of claim may be said to confer novelty despite the Reproduced from [29]. fact that compound X itself may be old. The 2006 case of Prosidion Limited v Novo Nordisk [13] clarified the use of Swiss claims further, holding that while they may be used to cover the the manufacture of a medicament in which the medicament is intended for a specified medical treatment, claims do not extend to the intended medical treatment itself. This is not necessarily problematic with respect to the manufacture of complementary medicines. Rather, these types of claims are unlikely to afford adequate protection to CAM companies on the fundamental basis that it is not the use of a particular compound in the

THE TRIPLE HELIX October 2008 27

MELBOURNE Copyright gives to the owner the exclusive right to prevent manufacture of a medicament for a specified therapeutic use, but the combination of compounds or ingredients that others from making unlawful copies, or certain unlawful commercial dealings in copies, of a work or other subject CAM companies would seek to protect. Yet, in the event that the “compound X” of a Swiss patent matter of copyright [15]. Unlike patent grants, a copyright claim may be considered a permissible substance for use does not confer rights of exclusivity or monopoly upon its in the preparation of a listable complementary medicine as owner in the copyright subject matter. Essentially, unless there specified by the TGA’s publication, Substances that may be used is a causal connection between two works, the independent creation of a similar or identical in listed medicines in Australia subject matter by another does [3], there may be some remote not represent an infringement hope for CAM companies. By There are relatively few checks of that copyright [16]. In terms virtue of their inclusion in the of complementary medicines, if above publication, each of the in place to prevent the CAM a particular formulation was to substances that may be used in industry in Australia from be protected by copyright, this listed medicines in Australia has would do nothing to prevent been investigated for their health living up to its questionable another CAM company from risks and indications to some reputation...the reality is that serendipitously inventing a degree. However, if new evidence arose that the use of any such CAM companies may draw upon formula containing the same substance may be beneficial in a sketchy, unvalidated or erroneous ingredients. Furthermore, it is a wellnovel medical treatment, it may be possible to circumvent the scientific and traditional evidence established principle that may be no copyright in novelty impediment encountered to make spurious health claims there ideas, but rather only in the to gaining a standard patent in particular forms of expression about their products. the case of Bristol-Myers Squibb in which they are conveyed. Co v FH Faulding & Co Ltd [11] The detriment of this premise by using a Swiss style patent in relation to CAM protection claim. It remains unclear whether the inventive threshold may be properly appreciated when one considers a written would be met in an instance. Even if it were so, this tenuous formula for a particular complementary medicine with an form of patent protection falls far short of a general form accompanying rationale for the use of each ingredient, as of protection over any unique evidence-based medication may be commonly found at any number of CAM company formulas that CAM companies may devise. Further, if this websites [17]. The description of the medication on a website method of patenting were recognised for CAM companies, it or any publication that is that subject matter of a copyright would be doubly unlikely to be compatible with the innovation does not necessarily confer any exclusive rights over that patent scheme. As previously mentioned, the majority of medication’s formula upon the CAM company possessing ingredients that may be used in listed complementary the copyright [18]. If the appropriation of the ideas for the medicines are plant materials. If the “compound X” of a medication expressed within the publication was in fact to Swiss patent claim may be regarded as a plant substance constitute any copyright infringement, this would only be used in the preparation of a listed complementary medicine, so to the extent which the appropriation was considered an it is doubtful whether the use of this substance could form appropriation of the publication itself – not because any part the subject of an innovation patent claim by virtue of the of the actual formula was copied [18]. This would essentially restriction of s18(3) of the Patents Act 1990 (Cth), which leave others free to use any written formula or ingredient listing for a complementary medicine as a recipe for the precludes plants from being patented. Therefore, there may only be extremely limited, if any, creation of their own product. patent protection likely to be afforded to CAM companies Designs through this scheme. The designs registration system similarly fails to offer CAM companies any legal protection in terms of the medicine Copyright Australian copyright law does not afford any protection to formulations they produce. For the purposes of the Designs CAM companies for the medications they create. Under the Act 2003 (Cth), the governing piece of legislation for this Copyright Act 1968 (Cth), protection is extended to original area of law in Australia, the term “design” in relation to a (published or unpublished) versions of works – literary, product refers simply to ‘the overall appearance of the product dramatic, musical or artistic works [14] – or sound recordings, resulting from one or more visual features of the product’ [19]. cinematograph films, television and sound broadcasts or These features may include ‘shape, configuration, pattern published editions of works [14]. While the creation of a and ornamentation’ [19]. However, the Act expressly states unique formula for a complementary medicine does not fall that the materials used in the product do not come within easily into any of these categories, even if this were not the this definition [19]. The recipe of ingredients used to create case, the type of protection granted by the copyright system a particular medicine are therefore beyond the purview of would most likely be inadequate for the purposes of protecting the designs registration system. CAM companies from commercial exploitation.

28 THE TRIPLE HELIX October 2008

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MELBOURNE Confidential Information The protection of confidential information under Australian law is not unified, but derived from both equity and contract. Rather than opting to apply for a patent and disclose the technology behind their inventions in exchange for exclusive commercial rights over the product for a finite period of time, some companies prefer to maintain their production processes as trade secrets, protecting their commercial exclusivity indefinitely, or for as long as confidentiality can be maintained. Unlike patent law, however, the maintenance of trade secrecy does not protect against the reverse engineering of a product to ascertain the technology upon which it relies. Coca-cola’s ongoing refusal to release the formula for their drink is a classic example of this practice. By keeping the exact quantities of the ingredients they use in their product a secret, Coca-cola has been able to ensure commercial exclusivity over their product for over a century. Yet while the recipe for a cola beverage may be regarded as sharing many similarities with the formulation of a complementary medicine (after all, both are recipes in essence), the nature of the latter as a medicine prevents CAM companies from being able to keep trade secrets over their products in order to enjoy the same commercial exclusivity. In order for any medication to gain listing or registration on the ARTG and enter the Australian marketplace, the TGA labeling requirements must be adhered to. Under s10(4) of the Therapeutic Goods Act 1989 (Cth) [20], the labels of all medicines in Australia are required to display the names, as well as the quantity or proportion of all the active ingredients they contain, and the name of the dosage form [20]. Clearly, the requirement that the very formulation which CAM companies would seek to keep as a trade secret must be included on the product label in order to gain entry to the Australian market precludes this information from being protected as confidential. But what of “proprietary ingredients?”

However, this potential form of commercial protection and formulation secrecy for CAM companies is precluded by the legal requirement that the quantity or proportion of all the active ingredients be displayed on the labels of all medications [20]. Even if a formulation is considered to be proprietary ingredient, the active ingredients – those key substances upon which the efficacy and quality of the medicine relies – must be exposed.

Proprietary Ingredients The TGA defines a proprietary ingredient as a ‘confidential formulation usually containing two or more ingredients and about which information is not in the public domain’ [21]. While the TGA allows proprietary ingredients to be included in ARTG medications, it requires that the formulation details of all proprietary ingredients present in the medication be submitted before medications can be added to the Register. Proprietary ingredient information supplied to the TGA is treated as “commercial-in-confidence.” The TGA undertakes not to release this information, other than in accordance with the Therapeutic Goods Administration Act 1989 (Cth) or as otherwise required by the law [21].

useful formulation of listed substances to treat the symptoms of a particular condition is apparently extraneous. Certainly, complementary medicines are required to meet with minimal efficacy and safety standards under the federal Trade Practices Act 1974 (Cth) [22] and corresponding state fair trading legislation [23], as well as those obligations that may be required as a matter of contract with consumers. However, with virtually no commercial protection available for their products, CAM companies are nonetheless faced with an undesirable choice: produce a high volume of listed medicines and make wide-ranging and grandiose health claims for their products that need only be supported by relatively limited amounts of potentially unvalidated or questionable scientific or traditional evidence that may or may not be audited by the TGA; or, spend vast amounts of money on conducting targeted, exhaustive and qualitative scientific and literature research in order to produce high quality, truly evidence-based medicines. All the while, pharmaceutical companies may seek extensions of up to five years on original standard patents to further recoup research and development losses [4], as well as lodge ancillary patents on existing inventions covering new forms, tablets, uses and processes to effectively ‘evergreen’ their commercial exclusivity over their products [24]. The profit protection afforded by patenting enables

Under Chinese patent law, both pharmaceutical and traditional Chinese medicines, methods and usages may all be patented [25].

© 2008, The Triple Helix, Inc. All rights reserved.

Lack of Commercial Protection Hence, the fact that a complementary medicine may take the form of a seemingly novel, inventive or innovative, and

Reproduced from [30].

THE TRIPLE HELIX October 2008 29

MELBOURNE pharmaceutical companies to invest further in research and development and the production of evidence-based, efficacious medicines. Given this disparity, it is little wonder the Australian CAM industry currently suffers from image problems in the media. Other Systems: China In light of the apparent absence of any significant commercial protection in Australia for unique CAM formulas, the following section outlines the system available for the protection of traditional Chinese medicines under the legal regime of the People’s Republic of China. The transferability of the key tenets of this system to our own is then considered. Chinese Patent Law and Traditional Medicine The Patent Law of the People’s Republic of China became effective in 1985, since which time over 12,000 patent applications relating to traditional Chinese medicine have been received [25]. In 2001 alone, 3300 patents were granted in China for innovations within the field of traditional Chinese medicine [26]. Under Chinese patent law, both pharmaceutical and traditional Chinese medicines, methods and usages may all be patented [25]. Most notably, traditional medical compositions and herbal preparations – unique CAM formulations – are eligible for patenting [25]. Article 22 of the Patent Law of the People’s Republic of China requires that, in order for any invention to be patented, it must possess novelty, inventiveness and practical applicability [27]. In order for a patent application for a medical formula to satisfy the first of these criteria, there must have been no identical compositions of substances published before the

Because complementary medicines typically incorporate whole plant and herbal products such as roots and leaves – not just their active pharmacological components – there are no extraction processes that may be patented in order to afford CAM companies exclusive commercial rights over their products. patent application is filed [25]. With respect to the practical applicability requirement, the invention must simply be able to used to achieve effective results [25]. The inventiveness criteria for patent applications under Chinese law is met for medicines composed of several different substances provided that the composition is new and represents notable progress from previously existing technology. This progress may take the form of new health indications for the formulation, which must be supported by relevant clinical or traditional data [25]. 30 THE TRIPLE HELIX October 2008

The grant of a Chinese invention patent provides exclusive commercial rights over an invention for a term of 20 years [27]. Application to Australia Prima facie, the Patent Law of the People’s Republic of China shares many fundamental similarities with Australian law. Both systems demand both novelty and inventiveness from their patent applications, and both afford exclusive right to commercially exploit that which is the subject of the patent application for up to 20 years. The key difference between the two systems with respect to their regulation of complementary medicines is relatively straightforward: traditional medical compositions and herbal preparations may be considered novel and inventive in China, allowing unique CAM formulas to gain patent protection. In Australia, they cannot. As previously outlined, CAM formulas are unable to be deemed novel or inventive in Australia essentially because of the TGA’s requirement that all eligible substances for use in listed medicines must be drawn from the list Substances that may be used in listed medicines in Australia [3], and because all health claims made on the basis of the inclusion of these substances must be supported by traditional or scientific (and usually pre-existing) evidence. Medically speaking, the rationale behind these requirements is wise. Defining what substances may be used in this class of therapeutic good helps to ensure that no particularly dangerous preparations enter the market. Requiring that health claims be supported by evidence endeavours to control against CAM companies making far-reaching or bogus claims about the applications of their products. Yet, in spite of these control measures, there are relatively few checks in place to prevent the CAM industry in Australia from living up to its questionable reputation. While nominating what substances may be used in listed medications may be effective, the reality is that CAM companies may draw upon sketchy, unvalidated or erroneous scientific and traditional evidence to make spurious health claims about their products. Because listed medicines are not individually assessed for efficacy, these claims are rarely disproved. It is therefore conceivable that Australian consumers are spending significant amounts of money at present on a wide variety of complementary medicines which simply do not work at all. This gives rise to a convincing public policy argument for the creation of an exception to Australian patent law: the recognition of unique, evidence-based formulation of complementary medicines as novel and inventive in order to provide a commercial incentive for CAM companies to invest in more diligent and rigorous research and development processes. Conclusion Australian intellectual property law fails to afford any significant rights to CAM companies to protect their products, while pharmaceutical companies are afforded exclusive commercial rights to the medicines they produce by virtue of their ability to gain patent protection. The lack of commercial protection available to CAM companies in Australia provides a disincentive for their expenditure on the research and development of evidence-based complementary © 2008, The Triple Helix, Inc. All rights reserved.

MELBOURNE

By keeping the exact quantities of the ingredients they use in their product a secret, Coca-cola has been able to ensure commercial exclusivity over their product for over a century.

References: [1] Speech by AMA Federal President, Dr Kerryn Phelps to the International Holistic Health Conference – Australian Integrative Medicine Association (AIMA), Noosa. Doctors, healing, and the role of complementary medicine, 23 May 2003. . Last accessed on 9 March 2008. [2] Therapeutic Goods Administration Act 1989 (Cth). [3] Substances that may be used in listed medicines in Australia Therapeutic Goods Administration, Department of Health, Australian Government, 2007. [4] Patents Act 1990 (Cth). [5] National Research and Development Corporation v Commissioner of Patents (1959) 102 CLR 252 [6] CCOM v Jiejing, 28 IPR 481 (1994) AIPC 91-079 [7] Maeder v Busch (1938) 59 CLR 684 [8] Joos v Commissioner of Patents (1972) 126 CLR 611 [9] Manual of Practice and Procedure, Australian Patent Office. Vol 2 – National, 8.2.13.3 [10] Anaesthetic Supplies Pty Ltd v Rescare Ltd (1994) 28 IPR 383 [11] Bristol-Myers Squibb Co v FH Faulding & Co Ltd (2000) 170 ALR 439 [12] Bristol-Myers Squibb Co v Baker Norton Pharmaceuticals Inc (1999) RPC 253 [13] Prosidion Limited v Novo Nordisk (2006) APO 6 [14] Copyright Act 1968 (Cth). [15] Lexis Nexis Copyright distinguished from rights in designs, patents and trade marks Copyright and Designs, Intellectual Property Law. 2008 Last accessed on 9 March 2008.

medicines, which, in turn, exacerbates the industry’s negative reputation. Research into most CAM production remains limited when compared to the pharmaceutical industry, while the grandiose claims made by CAM companies about their products continue. Reforms to Australian patent law such as allowing for unique CAM formulations to be recognised as novel and inventive are required in order to encourage greater expenditure by CAM companies on the research and development of their products and help rectify the industry’s tarnished image. Aaron Mentha has a degree in Biomedical Science and is currently studying Law at The University of Melbourne.

[16] Francis Day & Hunter Ltd v Bron (1963) 2 All ER 16. [17] Blackmore’s products. . [18] Hollinrake v Truswell [1894] 3 Ch 420; Baker v Selden (1879) 101 US 99 SC (USA); Lexis Nexis No Copyright in Ideas Copyright and Designs, Intellectual Property Law. 2008 Last accessed 9 March 2008. [19] Designs Act 2003 (Cth) [20] Therapeutic Goods Order No. 69 2004 (Cth). [21] Guide to the Completion of the ‘Notification of a New Proprietary Ingredient’ form Therapeutic Goods Administration, Department of Health and Ageing, Australian Government, 2007. [22] Trade Practices Act 1974 (Cth). [23] Fair Trading Act 1999 (Vic). [24] Chalmers, R. Evergreen or deciduous? Australian trends in relation to the ‘evergreening’ of patents 2006 30 M.U.L.R. 29. [25] Zheng Yongfeng China’s Patent Protection of Traditional Medicine 2003 South Bulletin 39. [26] Intellectual Property and Traditional Knowledge World Intellectual Property Organisation, 2004. [27] Patent Law of the People’s Republic of China (1985). [28] http://www.imageafter.com/image.php?image=b12objects004.jpg [29] http://www.dreamstime.com/experiment-image5370644 [30] http://www.dreamstime.com/pills-falling-into-and-around-medicine-bottleversion-3-imagefree664889

Are you interested in contributing to The Triple Helix? We look forward to hearing from you at [email protected]

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THE TRIPLE HELIX October 2008 31

UCSD

Deep Brain Stimulation Jennifer Ong

I

n his private practice located in the Upper East Side office of Manhattan, Dr. Lawrence Steele offers patients memory enhancement on a cash-only basis. His clientele, the wealthy elite looking for a “cognitive tune-up,” are presented with three options varying in levels of intensity and invasiveness: a memory training program that may take as long as weeks or months depending on how much time the patient is able to put in; transcranial magnetic stimulation (TMS) treatments which can take up to half an hour for three times a week—time which is not wasted as the

[I]magine if you could enhance your brain... patient can obtain a manicure, pedicure, or massage while undergoing the treatment; and the more invasive form of electrical brain stimulation where the doctor will make “a small incision — half an inch — in the scalp overlying each major node in the memory network, create a small hole in the skull, and insert a neat little metal plug, similar to a watch battery, that contains both stimulator-electrode and battery” [1]. The electrical stimulation is constant and low grade, and the batteries are recharged as needed, usually only every two to three years. And to tempt the client even further, the procedure is usually done on a Friday so that they can return back to work the following Monday. It is this “brainlift” trend which triggers much of the ethical debate arising in academic world surrounding the use of cognitive science technologies for lifestyle memory enhancement. Yet, Dr. Lawrence Steele remains confident in his belief that these techniques would become a more prevalent practice within society. “Plastic surgery triggered similar debates years ago, but the debates didn’t last. Brainlifts will go through the same cycle: they’ll gain broader acceptance, the debates will eventually die down, [and] the procedures will become more commonplace [...] After all, we’re talking about a more finely tuned mind, not just a tighter face” [1]. So imagine if you could enhance your brain; performing cognition faster than you have before and remembering more facts than you ever thought possible. Think about all the possibilities you could achieve by being smarter. For example, you could obtain the highest score on an entrance exam to gain acceptance to a dream university, and later, land the perfect job. If such possibilities entice you, to what lengths would you be willing to go to obtain the next superbrain? Although science has yet to develop the technologies for creating superbrains, many people consider this concept no longer a science-fiction fantasy. In fact, some researchers speculate that we will soon be able to manufacture such high-powered, low-maintenance, memory enhanced minds,

32 THE TRIPLE HELIX October 2008

all through the use of cognitive science technologies such as deep brain stimulation. Deep brain stimulation (DBS) is not a novel idea or method. Electrical stimulation of the nervous system has been used for medical cases since the 18th century, ranging from attempts to reverse blindness to reviving drowned patients with electrical shocks [2]. A modern use of DBS has been for the treatment of Parkinson’s disease, a degenerative disorder of the central nervous system which gradually impairs all motor skills and speech. When a patient develops side effects from the traditional L-Dopa medication, DBS entails implanting electrodes in the thalamus, which produce a high-frequency, low-voltage current that block the tremors symptomatic of Parkinson’s disease. It is a last-resort method which shows significant improvement in 70-80% of the cases used [3]. More recently, some researchers have thought that DBS and similar methods of brain stimulation could be used to enhance people’s memories. For example, in January 2008 Canadian neurosurgeon, Dr. Andres Lozano, and his team at Toronto Western Hospital began investigating the effects of deep brain stimulation on a fifty year-old male with a history of obesity. They hoped that the electrodes implanted in the hypothalamus of the brain, a region recognized to control appetite urges, could repress the desire to eat and subsequently reduce the man’s weight. However, what they discovered was a surprisingly different side effect—the patient recounted profound feelings of déjà vu; more specifically, he remembered a scene at the park with friends which occurred around thirty years ago. As the intensity of the electrical stimulation increased, the more details he could remember. Lozano proclaims, “This was for us a eureka moment in that we were not expecting it at all” [4].  

...performing cognition faster than you have before and remembering more facts than you ever thought possible. This unexpected finding has led Dr. Lozano to believe that DBS may benefit patients suffering from Alzheimer’s disease. In March of 2008, Dr. Lozano began a pilot study with six Alzheimer patients to research whether deep brain stimulation could delay the symptoms of the memorydegenerative disease that affects as many as 5.2 million people in the United States alone. Even if DBS would not be able to cure Alzheimer’s, it is hypothesized to provide patients with a longer span of time in which they can function independently and normally—as long as they remain on the electrode system.

© 2008, The Triple Helix, Inc. All rights reserved.

UCSD But are these procedures really worth the extra memory? While the medical uses of DBS may be promising, if this technology was made available to the general public, the ethical, medical, social, and cultural implications of mind manipulation would be astounding. Advocates of deep brain stimulation emphasize the excellent targeting abilities and independent control qualities of the electrode system, since the electrodes could hypothetically be shut down and the effects nullified. Yet, as appealing as simply “turning off the electrode system” sounds, deep brain stimulation is not a completely reversible process. DBS would affect the patients’ individuality as they might become dependent on the electrode system for the rest of their lives. The procedure itself involves stereotactic surgery which entails structural modifications to the brain, running risks of intracranial hemorrhages, stroke, behavioral changes, and other factors associated with neurosurgery. And the chance of an electrode failure remains a significant risk. The perils to the brain are undeniable, and a person’s motor performance, general mood, physical situation and overall quality of life would depend to a high degree on how well the technical device functions [5]. Thus, to address the growing awareness of cognitive science techniques such as DBS, an emerging discipline termed neuroethics has risen. First coined in the 1970’s but not prominent until the early 21st century, neuroethics currently encompasses “professional ethics or procedural ethics regarding the conduct of neuroscience research; neurobiological basis of value systems, including moral and religious thought; and social implications of the outcomes of neuroscience research” [6]. As DBS becomes synonymous with brain enhancement, its advancement raises ethical issues for the neuroscience community— namely, where do we draw limits for its use? Axel Cleeremans, director of the cognitive science research unit at the Free University of Brussels, affirms “We are already performing the equivalent of plastic surgery on the brain [. . .] [but] do we really want cognitive enhancement via surgery or medication, and if so how do we regulate it? [...] How will we deal with issues such as privacy and responsibility?” [7]. As the field of neurocognitive enhancement becomes more popular among scientists, physicians, and marketable consumers alike, legislatures and the public will have to determine whether new regulations must be placed to control © 2008, The Triple Helix, Inc. All rights reserved.

the lifestyle benefits of these new methodologies. Since DBS will be most likely limited through other factors such as cost barriers and availability, what would happen if DBS were to become accessible to the public as a memory enhancement technique, and how could that affect the already significant vast divide between those who are privileged, whether by social or economic status, and those who are not? To learn more about the possible outcomes of DBS being made available to the public, we can draw from parallel issues concerning pharmacological treatments for improved cognition, which has already long been a focus for military research. The U.S. Air Force’s use of amphetamines as “go pills” to treat fatigue of military personnel has been permitted as early as World War II [8]. Simultaneously, the use of prescription stimulants as cognitive enhancers have also been popular methods for people looking to sleep less, stay up longer, work harder, and play more [8]. In his book Our Posthuman Future: Consequences of the Biotechnology Revolution, Francis Fukuyama vocalizes his standpoint in the brain enhancement debate stating, “The original purpose of medicine is to heal the sick, not turn healthy people into gods” [8]. He asserts that the use of neuropharmaceutical drugs such as Adderall, which is prescribed to treat attention deficit disorder, and Provigil, which promotes wakefulness for narcolepsy patients, already “raise the standard of what is considered ‘normal’ performance and widen the gap between those who have access to the medications and those who do not” [9]. Furthermore, brain enhancement could interfere with a person’s subjective experiences, cognitive abilities, and personality traits in unexpected ways. As Thomas Fuch mentions in his article Ethical Issues in Neuroscience, the use of cognitive science techniques threatens to devalue human

Transcranial Magnetic Stimulation. Reproduced from [13].

THE TRIPLE HELIX October 2008 33

UCSD life of its imperfections and interferes with the personal development that results from learning from failures and dealing with adversities [10]. After all, to what extent could

Reproduced from [14]

people retain their individuality if their actions and thoughts were the result of deep brain stimulation? These techniques would further complicate the issues of identity and free-will, an already controversial topic that is still debated among various religious, philosophical, academic, political, and medical spheres. Yet despite these concerns, experts have to admit that deep brain stimulation used for brain enhancement has its appeal. “It’s an interesting example of the sort of unexpected finding we may start to see as different brain areas are tested with DBS,” says Helen Mayberg, a neurologist at Emory University School of Medicine in Atlanta, Georgia. “It suggests that enhanced brain functioning—and not just reversal of abnormal behavior—is possible with DBS, and that’s going to prompt a lot of discussion among scientists and ethicists” [11]. But are these procedures really worth the extra memory? Neurosurgeon Katrina Firlik vocalizes her opinion for the future of neurosurgery. Since surgical enhancement of the brain seems to be a viable option for the public in the near future, she speculates that the certain individuals looking for the “cognitive tune-up” would instead develop a savant-like mind. These elite savants will certainly “expand the potential for human achievement and productivity beyond what is currently constrained by average human brainpower” [1]. References: [1] K. Firlik, Another Day in the Frontal Lobe. Random House, Inc. 2006.

[2] H. Lüders, Deep Brain Stimulation and Epilepsy (Taylor and Francis Group, London, UK, 2004). [3] A. Keyes, Essential Neurosurgery. (Blackwell Publishing Inc, Malden, MA, 2005). [4] A. Favaro, Deep Brain Stimulation May Improve Learning. 2008. (available at http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080129/deep_brain_080 129/20080130?hub=CTVNewsAt11). [5] E. Hidt, Electrodes in the Brain: Some anthropological and ethical aspects of deep brain stimulation. 2006. (available at http://www.i-r-i-e.net/inhalt/005/Hildt.pdf). [6] T. Fukushi, Exploring the Origin of Neuroethics: From the Viewpoints of Expression and Concepts. The American Journal of Bioethics. 56-57 (2008). [7] H. Phillips, Who is messing with your head? New Scientist. 11 (2006).

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Yet, the downside remains that the individual may have this newfound ability to “multiply 1,456 by 6,321 off the top of his head, or may be able to recite pi out to hundreds of digits” but would not be able to communicate and hold meaningful conversations with another human being [11]. Thus, one has to doubt the human desire to obtain an unlimited memory. Joshua Foer, in his article “Memory” for National Geographic, discussed the rare case of a person with extreme memory function: a 41-year-old woman named AJ who remembers every single day of her life since she was 11, an ability is so unprecedented that neuroscientists at University of California, Irvine, had to coin a new term to describe her condition: hyperthymestic syndrome [12]. However, AJ’s quality of life is actually impaired by her superior memory. Although she can flip through each day of her life like a Rolodex and remember every moment as if it was yesterday, she remains eternally obsessed about the past: I remember good, which is very comforting. But I also remember bad — and every bad choice [...] I really don’t give myself a break. There are all these forks in the road, moments you have to make a choice, and then it’s ten years later, and I’m still beating myself up over them. I don’t forgive myself for a lot of things. Your memory is the way it is to protect you. I feel like it just hasn’t protected me. I would love just for five minutes to be a simple person and not have all this stuff in my head. Most people have called what I have a gift, but I call it a burden [12]. Indeed, AJ may have a point. There are evolutionary explanations as to why we forget things; after all, if we could remember every single facet—everything we saw, smelled, tasted, felt, heard, or thought—we would be overwhelmed by a vast amount of irrelevant information not directly related to our current situation in life. So as DBS ventures into the realms of treatment for Alzheimer patients, I applaud that move and hope for the best. But if given the option of a superbrain? I may have to pass. I don’t need to remember what I wore a year ago, or how I just disastrously failed yesterday’s midterm. Those are memories I’d rather not keep, thanks. Jennifer Ong is an Undergraduate at the University of California, San Diego.

[8] S. S. Hall, Sci. Am. 54-65 (September 2003). [9] B. Carey, Brain Enhancement is Wrong, Right? 2008. (available at http://www.nytimes. com/2008/03/09/weekinreview/09carey.html?_r=1&ex=1362718800&en=753abf3a269f 71c3&ei=5090&partner=rssuserland&emc=rss&pagewanted=all&oref=slogin). [10] T. Fuchs, Ethical Issues in Neuroscience. Current Opinion in Psychiatry. Lippincott Williams & Wilkins Inc. 2006, 19, 600-607. [11] A. Abbot, Brain Electrodes Can Improve Learning, 2008. (available at http:// www.nature.com/news/2008/080129/full/news.2008.538.html) [12] J. Foer, Memory, 2007 (http://ngm.nationalgeographic.com/2007/11/memory/ foer-text) [13] http://intra.ninds.nih.gov/images/Research_Images/[email protected]. gov.jpg [14] http://www.nih.gov/news/research_matters/november2007/images/brain_l.gif

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BROWN

A Sustainable Way to Keep Hunger at Bay Baird Langenbrunner

C

o-ops, community gardens, and farmers markets are sprouting up everywhere, and the grocery store continues to boast its “local” and “sustainable” produce. But what is “sustainable agriculture,” anyway, and is such a concept as powerful as its supporters claim? This is an ongoing debate, and a great deal of research suggests that a local, sustainable approach to agricultural development in poverty-stricken countries could play an integral role in meeting the increasing world demand for food. The sustainable agriculture movement itself has evolved from two major perspectives: as a method of achieving food self-reliance and environmental stewardship, and as a means of sustaining rural communities [1]. The Sustainable Agriculture Research and Education Program at UC Davis defines the movement as having three primary goals: “environmental health, economic profitability, and social and economic equity.” Furthermore, this sustainability “rests on the principle that we must meet the needs of the present without compromising the ability of future generations to meet their own needs” [2]. An integral goal of the sustainable food movement is to reduce a food’s environmental impact. Other parts are numerous and varied, including its impact on the local economy, the benefits it has on farmers’ soils, or the amount of food it makes available to the nearby population. Researchers have even begun to establish indicators that monitor progress toward sustainability on farms, identifying and ranking key “sustainable” aspects. Can We Quantify Sustainability? In an attempt to quantify sustainability, one study was conducted on 237 horticultural producers—80 organic and 157 conventional—in the UK [3]. The study did not directly take into account social and economic dimensions of agriculture. Instead, it based its sustainability index solely on the impact of certain farming methodologies, scoring them according to different criteria and then summing the total; a higher score signifies a higher degree of sustainability. Mean values were calculated across all aspects for the 237 producers. The organic group received a 0.72, while the conventional came in at 0.23. The study warns, however, that it would be “an oversimplification to equate organic production with farm-level sustainability,” due to significant spread in the calculated values [3]. Beyond measures like these, no specific set of practices constitutes farming as sustainable, but certain methods have been shown to improve soil life. For example, managing nutrients through crop rotation—rotating dissimilar crops in sequential cycles—reduces soil pathogens, lessens the need for fertilizers, and eliminates the threat of pests; this in turn provides pest control strategies that don’t harm natural systems [4,5]. Conventional farming, by contrast, rarely employs methods that minimize farm impact. Instead, it relies

© 2008, The Triple Helix, Inc. All rights reserved.

heavily on external inputs such as fertilizers, pesticides, and fossil fuels. These practices are shown to have negative environmental effects, and this conventional farming system has been proven to wreak havoc on soil quality, to cause stream and groundwater contamination, and to increase greenhouse gas emissions [6,7,8,9]. The Hegemony of Conventional Farming These methods of conventional farming are often attributed to the Green Revolution, a transformation during the midtwentieth century in which scientific research in agriculture led to dramatic advances in crop yield and efficiency. In 1945, test plots in Mexico harnessed the development of high-yield, disease-resistant varieties of wheat, a research project led by American plant pathologist Norman Borlaug. This sparked the growth of the conventional agriculture system in place today, and it quickly brought food security to many parts of the world [4]. Yet even now, developing nations continue to face the threat of starvation. A 2006 UN report stated that as of 2003, nearly 845 million people in the world were hungry, defined as “undernourished” [10]. This was despite the fact that more than enough food was produced daily to feed the entire world population. Such a paradox is a direct result of poverty—although food may be available, many do not have the money to buy it. At least 97% of these undernourished populations lived in developing countries, with 87% in Asia and Sub-Saharan Africa alone [10,11,12]. The hungriest populations coincided with some of the world’s most entrenched conditions of poverty, most prevalent in poor rural areas in developing countries. Sustainable Agriculture’s Role in Ameliorating World Hunger Local, sustainable agriculture has potential in community development and poverty reduction, and it is considered a fundamental instrument in establishing self-reliance in rural communities [13]. When production and consumption become local, the community benefits directly—not only by giving the farmer independence, but also by stimulating the local economy and providing consumers with fresh, cheap food, free of transport and packaging costs. A 2003 study conducted on small farms in 52 developing countries documented various ways in which the livelihood of the population was improved through the development of these small-scale agricultural systems, including a significant increase in food production and consumption [11]. It found that farm productivity increased over time if the necessary things were obtained: water, land, and labor. Furthermore, the study points out that when sustainable practices were employed, relative crop yield increased as farm size decreased. The small farms that benefit from this are characteristically found in developing rural areas.

THE TRIPLE HELIX October 2008 35

BROWN Some believe that food production should be further modernized in order to feed the mouths of the future. But with short-term food availability one must also consider long-term food security. While it is possible to squeeze a little more out of a conventional system, its capacity and longevity have been disputed. Industrial farming as it is now is not sustainable [3]. And although industrial methods are often seen as the only way to feed the world population in the future, several studies have found otherwise. Is a Sustainable World Food Supply an Oxymoron? In 2007, researchers at the University of Michigan asked a crucial question: could a world system based entirely on alternative, sustainable agriculture feed the world? The results were impressive. Researchers estimated that this system would provide enough kilocalories daily to support the current human population, without increasing the current agricultural land base [14]. Using corn as a representative example, they calculated the yield of corn for both the developed and developing world to be 2,523 and 4,358 kcal per person per day, respectively. Both calculations exceed the recommended daily energy requirements of 2,100 kcal per person laid out by the Food and Agricultural Organization of the UN. Furthermore, in 2005, a study modeled the conversion from conventional to organic agriculture and found that such a change would not severely diminish food security or global food supply in developing regions [15]. From a quantitative standpoint alone, then, changing from a conventional world system to one that operates sustainably would supply ample food to the current world population, and an even larger population in the future [13]. But Isn’t Conventional Farming More Profitable? Even if the world could survive off of a sustainable food system—assuming that farms began operating locally and sustainable crop and livestock practices were implemented—how practical would such a conversion be? And what benefits—if any—do sustainable practices offer to farmers? The benefits are plentiful, according to Sustainable Agriculture Research and Education. SARE monitored the conversion of several farms from conventional to organic, finding that after a three-to-five-year transition period, 90 to 95% of conventional yields were recovered. In addition,

References: [1] G. K. Douglass, “The Means of Agricultural Sustainability in a Changing World Order,” G. K. Douglass, Ed. (Westview Press, Boulder, CO, 1984), pp. 3-30. [2] G. Feenstra, C. Ingels, D. Campbell, “What is Sustainable Agriculture?” (UC Sustainable Agriculture Research and Education Program instructional website, University of California, Davis, 1997; http://www.sarep.ucdavis.edu/concept.htm). [3] D. Rigby, P. Woodhouse, T. Young, M. Burton, Ecological Economics 39, 463 (2001). [4] L. Horrigan, R. S. Lawrence, P. Walker, Environmental Health Perspectives 110, 445 (2002). [5] P. F. O’Connell, Outlook on Agriculture 21, 6 (1992). [6] D. Pimentel, P. Hepperly, J. Hanson, D. Douds, R Seidel, Bioscience 55, 573 (2005). [7] S. Shrybman, “Trade, Agriculture, and Environmental Change: How Agricultural Trade Policies Fuel Climate Change” (Institute for Agriculture and Trade Policy, Minneapolis, MN, 2000). [8] C. Rosenweig, D. Hillel, “Climate Change and the Global Harvest: Potential Impacts of the Greenhouse Effect on Agriculture” (Oxford University Press, England, 1998). [9] B. Küstermann, M. Kainz, K. Hürlsbergen, Renewable Agriculture and Food Systems 23, 38 (2007). [10] Food and Agriculture Organization of the United Nations, “The State of Food Insecurity

36 THE TRIPLE HELIX October 2008

the reduced production costs involved actually contributed to the profitability of the farms after the conversion [16]. Although yields are similar between the two systems, other costs often differ significantly. For example, sustainable systems require on average about 15% more labor [6]. Energy input from fossil fuels, by contrast, was 30% less for the sustainable farm in the Rodale study. These calculations are similar across the board: material costs tend to be lower in sustainable systems, but labor costs higher. Studies consistently find that although climate and region play a large role in production, sustainable farms are almost always commercially profitable [16]. In the Rodale study, a sustainable corn-based system was 25% more profitable than a conventional one [6]. Getting Out of a Conventional Rut Sustainable farming may not always be more profitable than its conventional counterpart, but it has well-documented environmental and socioeconomic advantages. In terms of agriculture’s potential to nourish the world, the World Bank stated in its 2008 World Development Report that small-scale agricultural development in rural areas could be a major source for economic growth and environmental stewardship in all three country types—agriculture-based, transforming, and urbanized [13]. Such a conversion would be costly, and many countries must invest significantly in land reform that will promote smallholder entry, especially in Sub-Saharan Africa and many parts of Asia. But before every person in the world sleeps on a full stomach, agricultural policy must change everywhere. As it stands now, policies like the US Farm Bill pump too much money into the conventional farming empire. This not o_nly intensifies poverty by driving down crop prices throughout the world, but it also strongly discourages sustainable farming in the US. An absolute conversion to a sustainable world farming system might be a outlandish goal, but even more foolhardy is the assumption that the conventional practices currently in use will do anything but exacerbate the worst problems— hunger, poverty, environmental destruction—that we see today. Baird Langenbrunner is a senior studying geology and chemistry at Brown University.

in the World 2006; Eradicating world hunger—taking stock ten years after the World Food Summit” (FAO Publication, Rome, Italy, 2006; ftp://ftp.fao.org/docrep/fao/009/a0750e/a0750e00.pdf). [11] J. N. Pretty, J. I. L. Morison, R. E. Hine, Agriculture, Ecosystems and Environment, 93, 217 (2003). [12] P. B. R. Hazell, “Green Revolution: Cure or Blessing?” (International Food Policy Research Institute, Washington, D.C., 2002; http://www.ifpri.cgiar.org/pubs/ib/ib11. pdf). [13] The World Bank, “World Development Report 2008: Agriculture for Development” (World Bank Publication, Washington, D.C., 2007; http://www.worldbank.org/ wdr2008). [14] C. Badgley et al., Renewable Agiculture and Food Systems 22, 86 (2007). [15] N. Halberg, H. F. Alrøe, M. T. Knudsen, E. S. Kristensen, Eds, “Global Development of Organic Agriculture: Challenges and Promises” (CAP International, Wallingford, UK, 2005). [16] Sustainable Agriculture Network, “Bulleting for Opportunities in Agriculture: Transitioning to Organic Production” (SAN Publication, 2003; http://www.sare.org/ publications/organic/organic.pdf).

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UCSD

The Discrimination, Stigmatization, and Denial of Rural Indian Physicians towards Persons with HIV/AIDS Kartavya Vyas 

I

n many nations, HIV/AIDS is considered an epidemic mainly afflicting a community that is perverted and sinful. Feelings of discrimination, stigmatization, and denial (DSD) prevent these societies from taking necessary actions to treat those with the disease and inhibit its spread. Many such safe havens as healthcare settings, workplaces, and schools have become infested with oppression and intolerance. In particular, the role of rural physicians and the protocol they follow has come into question because of the high prevalence of the disease in less developed areas.

Reproduced from [13].

India, despite the advanced state of medical knowledge in its urban universities and medical institutions, and despite its success in dealing with previous healthcare challenges, is a case in point. In rural India, cognizance of the limited but possible routes of infection and the role of medical treatment varies from one socioeconomic group to another. The level of awareness of this disease is only 30% among the general population in rural villages compared to 70% in urban areas [1]. In an effort to reduce DSD, the Indian government has tried implementing several public policies to educate rural communities. Unfortunately, while ethical medical policies have been promulgated and even mandated, they are often never implemented in practice by physicians; the Indian government has created a sound HIV/AIDS policy, but there seems to be a chasm between policy and action. Dr. Sudha Sivaram of John Hopkins University states that this gap is the “result of various issues ranging from stigma in the community to lack of skills and resources among medical providers to effectively manage HIV infection” [2]. Of the 5.7 million people known to be infected with HIV/AIDs (PWHAs) in India, only 107,000 have been provided antiretroviral treatment [1,2]. Doctors, nurses, and administrators [3], who are responsible for providing quality © 2008, The Triple Helix, Inc. All rights reserved.

healthcare, continue to neglect PWHAs by denying them access to common eating utensils and sanitation, limiting their movements, and using unnecessary protective gear [4]. This only embarrasses, isolates, and prevents many of them from receiving treatment, while separating them from families and communities that could be caregivers. Labeling, namecalling, social distancing, and forced resignation from work are only a small part of the sociological consequences that they must regularly face [5]. Rural communities continue to be plagued by physicians who disregard medical protocol and deny villagers basic treatment, contributing to the expansion of the worldwide pandemic of HIV/AIDS. The Indian National AIDS Control Organization (NACO) is the primary instrument of the government in trying to combat the acceleration of the epidemic. The public health plans are comprehensively written and reasonably sound, referring to treatment, prevention and the rights of patients [6]. Furthermore, NACO acknowledges the problems in implementing treatment, including “the often slow response and action from the government sector, the recognition of violation of rights such as denial of care for PWHAs by medical practitioners,” and “the need to enhance technical and managerial capabilities of program managers” [7]. The NACO policy also contains specific policy initiatives that are fundamental and essential to this cause. These include “program management, advocacy and social mobilization, participation of non-governmental organizations (NGOs), surveillance and monitoring, policy on blood safety, HIV testing and counseling, initiatives for PWHAS, control of

Of the 5.7 million people known to be infected with HIV/ AIDS (PWHAs) in India, only 107,000 have been provided antiretroviral treatment [1,2].

sexually transmitted diseases (STDs) and condom education” [8]. Although NACO clearly recognizes the difficulties of containing and suppressing the epidemic rural physicians and hospital administrators continue to resist its directives or adopt them only half-heartedly. Hospital staff, community THE TRIPLE HELIX October 2008 37

UCSD leaders, and public figures do not want to associate themselves creating a grassroots initiative to combat the epidemic, risky with a disease belonging to the communities of the so-called actions related to sexual behavior and discrimination, which perverted and sinful. discourage testing and treatment, can be reduced. Since the Many professionals in the healthcare field acknowledge policies that the Indian government has taken seem to have that feelings of discrimination, stigmatization, and denial little influence, community-based health education and clinical originate from the practices of rural clinics, where there training are key in not only stopping HIV/AIDS from having are a vast number of private its current trend of growth, but physicians compared to the also in reducing its strength relatively small number of long-term. hospital medical practitioners; The number of PWHAs Since the policies that the Indian yet these same sources seem in India seems to vary from government has taken seem to to place the blame elsewhere year to year because of poor [9]. For example, a majority of have little influence, community- population surveys, lack of hospital staff agree that while testing documentation, and based health education and clinical increasing feelings of DSD they provide excellent care within the healthcare setting, within the rural communities. training are key... most of the mistreatment While a comprehensive and discrimination is of public health policy exists, familial origin [10]. Families the discrimination in rural often cut off all relations India results from the weak with PWHAs, further reducing an implementation of such policy. already weakened support resource. With an increasing population and Women are particularly vulnerable growing economy, India is in a critical to this familial stigma while men are situation right now. But without a sometimes excused by family and strong foothold in rural communities the community. where increasing local education and Just as the level of awareness clinical training are utmost important, varies from one demographic government policy targeting HIV/ criterion to the next, the different AIDS treatment will have very little forms of stigma and discrimination effect. In reviewing NACO policy and range from case to case: “The most the effects it has had, it becomes clear commonly reported responses that the task remaining is to educate include a refusal to admit or treat rural physicians on correct protocol HIV-positive patients, the tendency and the importance of reducing the to neglect patients, the habit of testing spread of this disease. With its past for HIV without consent, and breaches accomplishments in fighting against of confidentiality” [11]. Physicians polio, smallpox, and tuberculosis, and other hospital administrators India must now come to realize the oftentimes relay PWHAs to deadly potential of HIV/AIDS. government-run hospitals that are reputable for their low standards in Kartavya Vyas is a senior at the University healthcare. In turn, these hospitals of California, San Diego. complain about the high number of Reproduced from [14]. patients in need of care and their own funding limitations [12]. In truth, rural clinics and hospitals should train their staff in the proper care of infected patients, and should promote education throughout their local communities. By References: [1] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002). [2] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002). [3] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002). [4] United Nations, India: HIV and AIDS-Related Discrimination, Stigmatization, and Denial (UNAIDS Publication 01.46E, 2001; http://data.unaids.org/Publications/ IRC-pub02/JC587-India_en.pdf). [5] United Nations, India: HIV and AIDS-Related Discrimination, Stigmatization, and Denial (UNAIDS Publication 01.46E, 2001; http://data.unaids.org/Publications/ IRC-pub02/JC587-India_en.pdf). [6] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002). [7] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002). [8] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002).

38 THE TRIPLE HELIX October 2008

[9] S. Sivaram, Eubios Journal of Asian and International Bioethics 12, 214-6 (2002). [10] United Nations, India: HIV and AIDS-Related Discrimination, Stigmatization, and Denial (UNAIDS Publication 01.46E, 2001; http://data.unaids.org/Publications/ IRC-pub02/JC587-India_en.pdf). [11] United Nations, India: HIV and AIDS-Related Discrimination, Stigmatization, and Denial (UNAIDS Publication 01.46E, 2001; http://data.unaids.org/Publications/ IRC-pub02/JC587-India_en.pdf). [12] United Nations, India: HIV and AIDS-Related Discrimination, Stigmatization, and Denial (UNAIDS Publication 01.46E, 2001; http://data.unaids.org/Publications/ IRC-pub02/JC587-India_en.pdf). [13] http://www.usaid.gov/press/frontlines/fl_mar06/images/dots.jpg [14] http://www.usaid.gov/our_work/global_health/id/images/photo/2005-103.jpg

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CHICAGO

Bits, Bytes, and Property Rights Chris Milroy

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n entirely new universe is emerging right under our noses. It is invisible unless one has the technology to detect and interact with it, but it contains societies just like our own. This universe is digital, composed of tens of millions of humans interacting via internet-linked computers, and broken into hundreds of self-contained, virtual worlds. The virtual universe lacks at least one other major feature, besides physicality: property rights. Analyzing why and how property rights are different in a virtual context is critical to understanding the challenges faced by legal systems and businesses as they move online in the 21st century. Until the law catches up to the emerging realities of virtual worlds, companies and individuals will have to bear substantial risks. Following John Locke’s assertion that the purpose of government is to protect property from both internal and external threats [1], most modern governments recognize the right to property as one of the basic rights of a society. In particular, the rights to prevent others from using or destroying one’s property, when accompanied by limits such as those provided by eminent domain laws, are an important source of growth and development in modern societies [2]. Such rights tie users’ interests to the longterm sustenance and value of resources and prevent the so-called “tragedy of the commons” [2], wherein each user of a resource consumes, in the short-term, more than the long-term optimal amount. Virtual property, however, possesses several characteristics that make it fundamentally different from material property. Most importantly, virtual property is not scarce, in the sense that everybody could in theory simultaneously have as much as they want. Indeed, one upcoming online game, Infinity: The Quest for Earth, claims that the number of full potential planets in the game could reach the hundreds of billions—which means that visiting one per second for 100 years would still cover under five percent of the total game universe [3]. If everyone can have as much land as he or she wants, the need for land rights is diminished. Similarly, the ease with which the owners of virtual worlds can create virtual property is a vast change from the material world. Under a labor-based theory of property, such as the one espoused by Locke, it would seem that the property in a virtual world is nearly valueless to the creator (since it takes little time to generate any individual piece of property from computer code) but potentially very valuable to the person who buys and develops it. On the other hand, if the goal of property rights is to promote economic growth and development, the lack of scarcity in virtual worlds suggests that such rights are unnecessary except insofar as they fulfill the function of intellectual property rights: creating artificial scarcity for socially-useful purposes. The choice of a philosophical foundation is therefore highly important prior to extrapolating laws governing virtual property.

© 2008, The Triple Helix, Inc. All rights reserved.

This leads to a whole host of instances where standard property rights would seem misapplied in a virtual context. If courts assign virtual property a value in non-virtual currency—as Chinese courts did in 2003, when they awarded damages to a man whose account in the popular Chinese online game Hongyue (Red Moon) was hacked and his virtual weapons stolen [4]—then the companies that own virtual worlds increase their liability every time they create an inworld object that could be stolen or accidentally erased. On the other hand, failure to establish ownership rights to virtual property will leave the inhabitants of virtual worlds unprotected. In South Korea, which does recognize virtual property, the police received 22,000 complaints of cybercrime involving virtual property and arrested over 10,000 teenagers in a single year [5]. One would expect that such violations, which appear to cause enough material damages to warrant state intervention in countries such as China and Korea, are simply going unreported in countries that do not have such laws. If corporate liability is tied to the value of virtual property, then an important legal question will have to be answered. How should the law treat world-owning corporations, which have such omnipotent control over the people—or their representations, called “avatars”—in the worlds? Corporations can control every characteristic of virtual property: the amount of it available (scarcity), whether it lasts forever or degrades over time (durability), and how effective it is at producing other property or achieving tasks (utility). Each of these qualities affects the value of the property, and changing any one of them could potentially be interpreted as stealing value from the in-world owners of the property. Such interpretations are not much removed from the interpretations being asserted in court cases today. In Bragg v. Linden Lab, the plaintiff claimed that the defendant (Linden Lab, the owner of the virtual world Second Life), by deleting his account after he allegedly engaged in transactions that subverted Second Life’s land auction systems, owed him damages for the value of the property that was removed from his control by such deletion; the case has now been settled for undisclosed terms [6]. The other major legal issue surrounding virtual property is how it relates to the material property, owned by the company managing the virtual world, on which the virtual world runs. If virtual property has value, then shutting down the server on which the world resides would be akin to destroying an entire country. As far back as 2001, economist Edward Castronova determined that the virtual world Everquest produced a per capita gross national product (GNP) that, in dollar terms, fell between those of Russia and Bulgaria; its nominal hourly wage was found to be approximately $3.42/hour, using the conversion rate derived from sales of in-world goods on websites like eBay [7]. Newer worlds like World of Warcraft have over 100 times the inhabitants that Everquest had, so the dollar value of the property contained

THE TRIPLE HELIX October 2008 39

CHICAGO therein is likely much greater. In Second Life, almost 200 citizens are earning over $60,000 per year in US$ from their activities in-world, buying and selling virtual goods, services, and ideas for profit [8]. When virtual worlds have that much material property value, the economic consequences of shutting them down are substantial. Players’ claims to the value of their virtual possessions may take the form of a request to require a company to continue operating a virtual world after it has decided that the world is no longer profitable. It is not currently clear, given the vague legal status of virtual property at present, what courts would make of such a demand. Since virtual worlds have to be hosted on servers in physical locations, real-world governments have varying claims and interests over their economic and legal implications. The Swedish government recently started taxing income derived from virtual worlds, as Dan Miller, Senior Economist for the U.S. House of Representatives’ Joint Economic Committee notes, and United States citizens could potentially be required to pay taxes to Sweden under that law [9]. Beyond taxation, governments may want to involve themselves in the internal affairs of virtual worlds for purposes of regulation, for protection from political speech, or for other reasons. Enforcement becomes a major challenge under these conditions: who is allowed to intervene in virtual worlds, and for what reasons? All of these issues are extremely complex and have been the subject of intense legal debate. Various theories have been advanced to reconcile modern law with the unique status of virtual environments, and some user groups have started to establish their own solutions as well. Internally, users have formed in-game governments and political organizations that control property and resolve disputes between members. Examples include guilds in World of Warcraft, corporations in EVE Online, and a variety of pseudo-self-governing entities in Second Life including “Extropia” [10] and “The Confederation of Democratic Simulators” [11]. While these organizations have no legal force in the material world—they cannot stop the virtual world owners from shutting down the simulation, for example—they do have some measure of power within the virtual world, deriving fundamentally from the consent of the governed. On the legal side, Edward Castronova has described what he calls “interration” (from terra, Latin for world), allowing a world to be defined by its owner as either allowing or disallowing conversion of in-world assets into material currencies [12]. Allowing such a process would open inworld income up to taxation and regulation. An interrated world—one that chose to legally form a entity completely disconnected from the material world—would not be subject to real-world governments because its virtual assets would not be convertible to material ones or vice versa [12]. It would, in effect, become an entirely separate world. Worlds that

Chris Milroy is a fourth year student of economics and philosophy. He is interested in the social and economic implications of emerging technologies and social structures. He heads the virtual worlds research team for the student group Oeconomica, of which he is also the executive director.

References: [1] Locke, John. Two Treatises of Government. Ed. Peter Laslett. Cambridge, UK: Cambridge University Press, 2005. [p.268] [2] Carrier, Michael A., and Greg Lastowka. Berkeley Technology Law Journal. 2007, 1494. [3] Infinity: The Quest for Earth. Infinity: The Quest for Earth FAQ. 2006 http://www. infinity-universe.com/Infinity/infinity_faq.php#a2.1 [4] CNN.com. Online gamer in China wins virtual theft suit. 2003 http://www.cnn. com/2003/TECH/fun.games/12/19/china.gamer.reut/ [5] Fairfield, Joshua. Indiana University School of Law-Bloomington Legal Studies Research Paper Series 2005, 1088.

[6] Reuters.com. Linden Lab settles Bragg lawsuit. 2007 http://secondlife.reuters. com/stories/2007/10/04/linden-lab-settles-bragg-lawsuit/ [7] Castronova, Edward. CESifo Working Paper Series. 2001, 1. [8] Secondlife.com. Economic Statistics. 2008 http://secondlife.com/whatis/economy_stats. php [9] Economics of Virtual Worlds Blog. Sweden to Tax Virtual Income. 2008 http:// economicsofvirtualworlds.blogspot.com/2008/04/sweden-to-tax-virtual-income. html [10] Extropiacore.net. Extropia Core. 2008 http://core.extropiacore.net/ [11] Slcds.info. The Confederation of Democratic Simulators. 2008 http://slcds.info/ [12] Castronova, Edward. New York Law School Law Review 2004, 185-210.

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did not go through interration, however, would be treated as effectively sovereign countries—with taxes on “imports” to the material world through purchases of virtual goods. The number of people interacting in virtual worlds will likely continue to grow exponentially with increasing internet access. These pressing questions will need to be addressed soon, so that these worlds can grow in a secure and stable environment. Individual countries will have to answer the question of whether they can fail to protect property rights and risk world-builders moving their operations to other nations. Perhaps the same principle that applies in the material world would work in relation to the virtual: in exchange for robust protection of property rights, citizens of virtual worlds would pay a tax to the world-owners, which would pay for the upkeep and security of the servers on which the world is run and other maintenance costs. In effect, citizens would become shareholders in the world in which they live, the god-like power of the owners limited by the rights ceded to the citizens. Worlds would then be free to establish their own governments—if they wanted them. This policy would not only have the benefits of providing a money-sink for world owners (an important element in controlling inflation and maintaining value in the world) and limiting owners’ liability for the results of in-world events, but it would also distribute power democratically, capitalizing on the leveling power of the internet. If we fail to act swiftly, we face the likelihood of a new virtual frontier growing up wild and unregulated. Unlike the frontiers of old, this one is global, pervasive, and hightech—and potentially all the more dangerous because of its reach. Virtual worlds could provide a place where all inhabitants are really equal, free from the constraints into which they were born. To provide that freedom, though, they need to themselves be free of the intrusion of the material world. Virtual property, thoroughly defined and applied, may provide exactly this condition: a way to delineate the boundary between the real and the virtual that provides maximum freedom and adequate incentives for development. If we do not deliberately and rapidly establish virtual property law, however, we may be left with a system wherein citizens of virtual worlds cannot be confident of anything—not even that they will still exist tomorrow. How can worlds grow beyond being games, in such an environment? This is humanity’s first chance to create a universe from scratch—it would be a shame to waste it.

© 2008, The Triple Helix, Inc. All rights reserved.

CORNELL

The Autistic Pride Movement

A

Pranai Tandon

manda Baggs begins her popular YouTube video In my Language by performing a series of strange and inexplicable actions: she rocks back and forth while flailing her hands in the air, bangs around a circular metal object, and rakes her hands over a keyboard back and forth several times, humming an unnerving song the entire time. She never looks at the camera [1]. Such repetitive behaviors, called stereotypy, are characteristic of Baggs’ diagnosis of low-functioning autism. Because she does not speak, doctors decided that Baggs could not meaningfully communicate or even feel empathy. The medical establishment wrote Baggs off as just another autistic, and the video seems to confirm it. Then the text appears on the screen. Baggs reveals that though she does not talk, she types at 120 words per minute, and while most are apt to assume she is mentally retarded, she is very capable of high level thought. Her video challenges traditional notions of language when she identifies her stereotypy as a “constant conversation with every aspect of [her] environment, reacting physically to all parts of [her] surroundings” [1]. In this sense, it is the English language, not the stereotypy, that is deficient, because it “consists of a much more limited set of responses.” Current medical dogma dictates that a low-functioning autistic would be unable to produce and articulate such complex ideas. Baggs is one of the leading figures in a nascent Autistic Pride movement, which stands firmly outside the academic establishment. The movement directly challenges traditional scientific knowledge with first person experiences of autistics in order to garner acceptance for autism as a neurological difference instead of a crippling disease. The Medicine of Autism Autism as a disease is best understood as a condition that prevents proper integration into society [2]. In the Diagnostic and Statistical Manual of Mental Disorders IV, the DSM-IV, Autism spectrum disorders, synonymous with Pervasive Development Disorders or PDDs, are divided into three groups: Autistic Disorder, Asperger’s Syndrome, and PDD not-otherwise-specified. The diagnosis of an autism spectrum disorder is entirely behavioral, requiring impairment in communication skills, social interaction skills, and the presence of repetitive stereotypy or repetitive obsessions in narrow ranges of interest. In practice distinctions between the three kinds of autism spectrum disorders are difficult to make [2]. Autism has a definite biochemical or neurological cause, as opposed to a purely psychological one, because it is heritable. Twin studies have shown that in monozygotic twins, if one is autistic the other has a 70% possibility of being autistic as well, while this probability is reduced to 10% in dizygotic twins. Furthermore, genomic studies have identified a risk locus for autism on every chromosome. Autistics show a clear reduction in use of socio-affective areas of the brain in comparison to average people [4]. This explains both the diagnostic criterion of social deficits, and anecdotal reports of the trouble autistic people

42 THE TRIPLE HELIX October 2008

have in understanding the emotions of other, a lack of basic social understanding of why others feel and act the way they do [5]. Also, autistics report an overload of sensory information, in which stimuli like light and touch have overwhelming effects on them, causing stereotypy [5]. Recently, vast sums of money have been put into autism research, in an effort to “cure” a perceived autism “epidemic” [6]. Autistic Pride: Tolerance versus a Cure The autistic pride movement seeks to break with everything just described. The goal of the movement is to construct autism as an acceptable neurological variation instead of a disease [6]. Although the movement is highly fractioned, all adherents believe that autism is not an affliction to be exorcised from their bodies, but a core part of their identities. Understanding the jargon used in movement literature is the best way to understand the ideas of the movement. Jim Sinclair, a founder of Autism Network International, opposes “person first” terminology [7]. Instead of saying “a person with autism” (with the person first) Sinclair says “an autistic person” (with the person second). The former phrase constructs autism as a disease secondary to the person, while the latter literally puts the autism first, making it integral to personal identity. This echoes the sentiment in his archetypal essay “Don’t Mourn for Us,” which argues that the traditional view of “losing” a child to autism is factually untrue. What actually happened is that the “normal” child the parents were expecting was never born – an autistic one was. The difference is subtle: the “normal” child was not “lost” because it never existed, and so should not be mourned. Instead, the autistic child that was born should be celebrated. “Normal” is quoted because the movement prefers the word “neurotypical” for someone who does not have an autism disorder [9]. “Neurotypical” does not have the discriminating connotations of “normal;” this shift from normative to inclusive language reflects a move in thought about mental illness to accept neurologically different people, called Neurodiversity [9]. Neurodiversity would manifest in accepting natural behaviors of autism, such as stereotypy, instead of forcing autistics to constantly suppress them [10]. This ideal is the endpoint of the trend in accepting behavioral differences that were once considered mental illnesses, like homosexuality, female hysteria, and left-handedness [6]. A final term that represents the creed of the movement is “curbie,” a derisive term for a person, usually a neurotypical, who is overly anxious to find a cure and eliminate autism [6]. Adherents feel that curing autism would negate their very existence, and they take extreme affront to the suggestions from some social workers that autistics should not have children [10]. They say such practices stumble down the slippery slope of eugenics. Opposition and Auton v British Columbia However, the anti-cure movement has found enemies in the concerned parents of autistics, like Kit Weintraub, who believe the movement overstates the gifts of autistics and © 2008, The Triple Helix, Inc. All rights reserved.

CORNELL Newer forms of internet communication also lend denies them treatment that would help them integrate into society [11]. They say the movement cannot represent their themselves to autistics, most notably Second Life. Second low-functioning children because it is entirely comprised life lets users interact with 3D avatars, which let autistic of high-functioning autistics [3]. This debate quickly gets people interact with physical representations of others without to the very nature of autism, because vocal members of the leaving their “comfort zone” at home. There they experience movement are by definition high-functioning. Even though social interaction in a non-threatening way [16]. leaders like Baggs point out that they were once considered lowfunctioning, true low-functioning autistics by definition cannot Steps Offline, Steps into the Future participate for lack of communication skills. While people like Autism Network International has been moving autistic culture offline and into Baggs highlight the difficulty the real world with their in identifying low-functioning autistics, the representation of springtime convention called “Autreat,” in which the movement will always be As early as 1997 Harvey Blume autistics show solidarity a moot point. declared that the internet would be by meeting and attending The issue was formally addressed in the landmark to autistics what sign language is to workshops where autistic court case Auton v British behaviors are accepted and the deaf [14]. participants indicate whether Columbia, in which a group of they are comfortable with British Columbians argued that conversation or not [6]. Applied Behavioral Analysis The movement has even (ABA) should be paid for by the state as a medically necessary made steps in the formal realm treatment for autism [12]. Applied Behavioral Analysis of science. Michelle Dawson has been debunking the claim that is a powerful therapy that modifies behavior via operant 75% of autistics are severely mentally retarded by investigating conditioning. ABA has been successfully used to eliminate the standard measure of IQ in children, the Wechsler Intelligence autistic stereotypy [6]. Michelle Dawson, another prominent Scale. This test consists of oral questions, which autistics have autistic pride advocate, provided expert testimony as an difficulty in processing. On nonverbal intelligence scales autistics autistic, in which she argued that autistics cannot consent score between 30 and 70 percentile points higher than they do to a treatment that can change their personality, leaving on the Wechsler [17]. The movement has created essays, websites, videos, forums, behaviorists accountable to no ethical authority other than social whimsy [13]. By this standard ABA could be used to and organizations that question the scientific dogma on autism, but eliminate previously perceived disabilities like homosexuality they do not constitute scientific data. It is important to remember and left handedness [13]. The court ruled that ABA should that the firsthand experiences of highly visible autistics like not be paid for, as it is not a core treatment for autism [12] Baggs and Dawson neither justify generalization nor formally challenge the disease model of autism. Because no survey of the autistic population has been done, the validity of the ideas The Internet and Autistic Culture Considering that autism is defined as an inability to integrate of the movement is uncertain; Baggs may be an exception to into social groups, a movement of autistics is oxymoronic. the rule. Even so, it is these unexplainable phenomena that This conundrum is resolved with the internet; the evolution spark great revolutions in thought. of Autistic culture is directly linked with the evolution of Extraordinary testimony does not challenge scientific the internet. data, but it does invite science to change itself. Baggs’ video Autistics are uncomfortable in interpersonal situations, does not pass any test of statistical significance, but it does with verbal interaction that they cannot tolerate [14]. These obligate the scientific community to rethink what it knows, problems evaporate over e-mail. As early as 1997 Harvey break up long ossified ideas, and continue the movement the Blume declared that the internet would be to autistics what autistics started. sign language is to the deaf [14]. The rise of mailing lists in the 1990’s saw the first autism email list server at St. Johns Pranai Tandon is a sophomore studying biology at Cornell University, soon followed the multitude of organizations University. that exist today [15].

References: [1] Baggs, Amanda. In my Language. YouTube [video]. 2007, Jan 14. Available from http://www.youtube. com/watch?v=Jnylm1hI2jc [2] Filipek, Pauline, et al. The Screening and Diagnosis of Autistic Spectrum disorders. J Autism and Devel Dis [serial on the Internet]. 1999 [cited 2008 May 18]; 29(6):439-484. Available from http://www. springerlink.com [3] Wolman, D. The Truth About Autism: Scientists Reconsider What They Think They Know. Wired. 2008 Mar 16. [4] Muller, Ralph Axel. The Study of Autism as a Distributed Disorder. MRDD Research Reviews [serial on the Internet]. 2007 [cited 2008 May 18]; 13(1):85-95. Available from http://www3.interscience.wiley.com [5] Blackrburn, J. Autism, What is it …? [document on the Internet]. Autistics.org; 1997. Available from http://www.autistics.org/library/whatis.html [6] Harmon A. How About Not ‘Curing’ Us, Some Autistics Are Pleading. The New York Times. 2004 Dec 20. [7] Sinclair, J. Why I dislike ‘person first’ language [document on the Internet]. Autism Network International; 1999. Available from http://web.syr.edu/~jisincla/person_first.htm [8] Sinclair, J. Don’t Mourn for Us. Our Voice. 1993.

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[9] Harmon, A. Neurodiversity Forever; The Disability Movement Turns to Brains. The New York Times. 2004 May 9. [10] Trivedi, B. Autistic and Proud. New Scientist. 2005 Jun 18. [11] Weintraub, K. A Mother’s Perspective [document on the Internet]. Association for Science in Autism Treatment; 2004. Available from http://www.asatonline.org/forum/articles/mother.htm [12] Auton (Guardian ad liten of) v British Columbia (Attorney General), 2004 SCC 78, CanLII (2004). [13] Dawson, Michelle. Intervener’s Report in Auton v British Columbia, Available from http://www.leaf. ca/legal/disability.html#target [14] Blume H. Autistics, freed from face-to-face encounters, are communicating in cyberspace. The New York Times. 1997 Jun 30. [15] Dekker M. On Our Own Terms: Emerging Autistic Culture [document on the Internet]. Autistic Culture; 1999. Available from http://www.autisticculture.com/index.php?page=articles [16] Saidi, N. ‘Naughty Auties’ battle autism with virtual interaction. CNN; 2008 Mar 28. Available from http://www.cnn.com/2008/HEALTH/conditions/03/28/sl.autism.irpt/index.html [17] Dawson, Michelle, et al. The Level and Nature of Autistic Intelligence. Psychological Science [serial on the Internet]. 2007 [cited 2008 May 18]; 18(8):657-662. Available from http://www.blackwell-syngergy.com

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CAMBRIDGE

Air-Conditioned Earth Jenny Molloy

C

limate change and global warming are currently big news on the political agenda, and have recently become firmly engrained in the public psyche. After decades of environmental concern and the recent international drive to lower carbon emissions, carbon emissions continue to rise and the trend of global warming shows no signs of abating [1]. A time lag between action and results would be expected due to the persistence of CO2 in the atmosphere. However, the pressing question is, will reversal occur quickly enough to save the planet from a catastrophic incident such as the collapse of the Arctic sea ice? Current research suggests perhaps not. Arctic sea ice following the 2007 melt season was 40% below the 1979–2000 average, and may be almost non-existent by 2030 [2]. Therefore, while cutting emissions is still believed to be the optimum long-term strategy, scientists have also investigated the planet’s short term emergency options—utilising technology at the planetary scale to engineer a global cooling system and gain control of the climate. Predicting exactly how the planet would respond to interventions such as those described in the box is an enormously complex task, perhaps almost impossible. As such, geoengineering is regarded by most as an insurance plan, to be used only in the case of impending catastrophe. However, there were concerns that the presence of such ‘insurance’ might lead to a reduction in the sense of urgency surrounding climate change, and increasing political inertia. This ‘moral hazard’ objection had, until recently, been a deterrent to serious consideration of geoengineering methods [9]. However, a conference held at Harvard University in November 2007 showed no sign of this concern. As one delegate reported: “I think a lot of us came away from that meeting much more scared than we were when we went in... Frightened about climate change, and frightened about what humans might get desperate enough to do about it.” [10] The consequences of global warming in different regions are disparate with respect to both their severity and their nature. As environmental researcher Dale Jamieson, of New York University, acknowledges; “Climate change

involves winners and losers”. Africa will bear the majority of the burden of death through climate mediated changes in infectious diseases rates [11], as well as reduction in crop production [12]. It appears that the hardest hit nations will be those that are least equipped to adapt to climate change, and those that have contributed least to atmospheric CO2 levels (Figure 1). Africa has some of the lowest per-capita emissions of greenhouse gases, but regions of the continent are gravely at risk from warming-related diseases such as malaria and malnutrition [11]. Estimated deaths attributable to climate change in 2000 were 88 per million across Africa compared to a world average of 28 [11]. However, the USA, despite being the world’s top emitter of greenhouse gases, had a mortality rate of less than 0.15 [11]. For many developed nations, the foreseeable effects will be much milder and may even be beneficial, especially with regard to crop production [12]. As President Putin joked at a global conference “an increase of two or three degrees wouldn’t be so bad for a northern country like Russia. We could spend less on fur coats, and the grain harvest would go up” [13]. Last summer, the North West shipping passage opened through the Arctic for the first time in living memory after a record ice melt, cutting thousands of miles off shipping routes between Europe and Asia, giving an economic benefit to northern nations [14]. The increased accessibility of the Arctic has prompted several countries to lay claim to the possibly oil rich ocean floor below [15]. A Russian mission which planted a flag beneath the North Pole in August 2007 was challenged by Canada and criticised by the US; all three parties stand to gain from what is generally perceived as an environmental disaster [14]. Should the technology eventually become available to ‘air condition’ the earth, the major question will be: Who controls the thermostat? The effects of climate change cause much political tension, as seen at the 2007 UN conference on climate change in Bali, where negotiations nearly fell apart as the US demanded firmer commitments from developing countries, before

Figure 1: The total carbon dioxide emissions from fossil-fuel burning, cement production, and gas flaring for the world’s countries in 2000. The map was created by a team of climate and health scientists led by Jonathan Patz, at UW-Madison, and is reprinted courtesy of the Center for Sustainability and the Global Environment [22].

44 THE TRIPLE HELIX October 2008

© 2008, The Triple Helix, Inc. All rights reserved.

CAMBRIDGE

Figure 2: The estimated numbers of deaths per million people that could be attributed to global climate change in the year 2000. Drawing from data from the World Health Organization, the map was also created by Patz’s team. Map courtesy the Center for Sustainability and the Global Environment [22].

eventually agreeing to the proposals [16]. As UN SecretaryGeneral Ban Ki-moon stated, “there is a divide of position between and among countries” [16]. Any geoengineering project, which would inherently operate globally and have differential effects on geographic populations, is almost certain to be subject to even wider international disagreement. Developing countries, who will be most seriously affected by global warming, would probably want more drastic action sooner than more comfortable first world nations. Critically, there is currently no international agreement or democratically elected group to make this decision. The level of global consent that constitutes a mandate for action would have to be decided, as unanimity could be difficult to obtain given the possible risks of geoengineering. The UN could take responsibility for forming a governing body, as the majority of independent states have agreed to honour its decisions, and it can enforce sanctions on those who fail to comply [17]. No other organisation currently has this level of influence, and any global governing body would need such abilities to manage resources, monitor results and maintain authority for several decades at least. The financiers of globally agreed projects would likely be developed or rapidly industrialising countries such as the US, Russia and China. This is likely to cost less than reducing their emissions [18], but there is a serious risk that subsequent decisions would be biased in their favour. It is also worth noting that any of these nations, or a coalition of smaller states, would be able to finance a project autonomously, if they felt it to be in their best interests. However, any climate alteration undertaken in the absence of complete international agreement raises serious judicial issues. There would be no clear procedure for appeal, and the countries performing the References: [1] Rahmstorf, S. et al. Science 2007, 316, 709. [2] National Snow and Ice Data Centre 2007 www.nsidc.colorado.edu/news/press/2007_ seaiceminimum/20071001_pressrelease.html [3] The Economist 2007 www.economist.com/search/displaystory.cfm?story_id=8765930 [4] Robock, A. Science 2002, 295,1242–1244. [5] Crutzen, P.J. Climatic Change 2006, 77, 211-220. [6] US Department of Defense Budget 2007 www.whitehouse.gov/omb/budget/fy2007/ defense.html [7] Salter, S. et al. 2007 www.hm-treasury.gov.uk/media/9/6/Ottawa_formatted.PDF (currently unpublished) [8] Boyd, P.W. et al. Deep-sea res. 2001, 48, 2425–2438. [9] Keith, D.W. Annu. Rev. Energ. Env. 2000, 25, 245–284. [10] Kintisch, E. Science 2007 www.sciencemag.org/cgi/content/full/318/5853/1054/DC1

© 2008, The Triple Helix, Inc. All rights reserved.

modification may not be willing to pay compensation for cross-boundary harm. Should a nation decide to go ahead with unilateral climate modification without international approval, there is also the risk of the technology being used as a weapon. Climate modification could serve to increase a country’s economic success, while slowly disrupting that of its enemies. The UN already has a convention prohibiting the use of environmental modification techniques as a military weapon (ENMOD), which has been ratified by 73 countries [19]. The international response to a rogue state taking the climatic fate of others in its hands would be severe, but the climate could take several years to return to its previous state after the perturbation, if indeed it ever could [20]. There is currently no consensus on when we will be capable of deliberately altering the amount of energy our planet absorbs. What is clear is that, even if scientific advancement were to allow the advent of an air-conditioned Earth, political and economic factors would still be a serious problem. Negotiations over when and how to employ such radical measures need to begin soon, so that an international framework is already in place should we ever need to undertake such drastic measures, and before any risks become reality. Regulations to control the pollution that deposited acid rain on Scandinavia were agreed only after the damage had been done [21], but with the possibility of deliberate attempts to modify the climate, such agreements must be made before any country could start geoengineering projects. Jenny Molloy is a 1st year reading Biological Natural Sciences at Corpus Christi College.

[11] Patz, J. et al. Nature 2005, 438, 310–317. [12] Fisher, G et al. Global Environ. Chang. 2004, 14, 53–67. [13] New Scientist 2003 www.newscientist.com/article/dn4232-global-warming-willhurt-russia.html [14] BBC 2007 news.bbc.co.uk/1/hi/world/americas/6995999.stm [15] BBC 2007 news.bbc.co.uk/1/hi/world/europe/6927395.stm [16] BBC 2007 news.bbc.co.uk/1/hi/sci/tech/7145608.stm [17] UN 2007 www.un.org/aboutun/charter/ [18] Barrett, S. Environ. Resour. Econ. 2008, 39, 45–54. [19] UN 1977 untreaty.un.org/English/UNEP/military_english.pdf [20] Nature Reports: Climate Change 2007 www.nature.com/climate/2007/0708/full/ climate.2007.27.html [21] Matthews, H.D. et al. P. Natl. Acad. Sci. USA. 2007, 104, 9949–9954. [22] Courtesy of the Center for Sustainability and the Global Environment

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BROWN

Brain Scans: Valid Legal Evidence for Criminals? Christie Ciarlo

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n 1966, Charles Whitman, a student at the University of Texas at Austin, climbed to the top of an observation tower and murdered 14 people before being killed by the police. Shortly before the incident, Whitman wrote, “lately (I can’t recall when it started) I have been a victim of many unusual and irrational thoughts. These thoughts constantly recur and it requires a tremendous mental effort to concentrate on useful and progressive tasks” [1]. Later, when doctors performed an autopsy on Whitman, they found that he had a malignant brain tumor compressing his amygdala, an area of the brain involved in the regulation of fear and emotional responses. It is easy to jump to the conclusion that the tumor must have caused Whitman’s actions, especially considering his writings. Yet experts still disagree as to whether the tumor could have been the cause of Whitman’s actions, or if it was even related. If different medical experts interpret the results of a neuroimaging test very differently, is it legitimate to allow them to be presented as evidence to a jury? Even what seems to be a clearly relevant piece of evidence can be denied admittance based on legal standards that require the general acceptance of scientific evidence in its field. In terms of criminal defense, neuroimaging results have found erratic success and ubiquitous controversy in the United States for the past 25 years. Two relevant legal defenses are the diminished responsibility on the part of the defendant and the excuse of insanity; the validity of each depends upon the definition of pathology, which can be highly variable. Other issues include reproducibility of results and the distinction between association and causality. More fundamentally, brain imaging studies are statistical analyses of groups of people and cannot be directly applied to an individual with certainty. In light of these difficulties, current standards for the admissibility of scientific evidence are insufficient for evaluating the appropriateness of neuroimaging results as evidence in criminal defense. Diminished Responsibility vs. Insanity Neuroimaging results have been presented as evidence in both determination of guilt and imposition of punishment. A defense that has been supported by neuroimaging evidence is that of mental impairment as a mitigating circumstance. At least two cases have occurred in the United States in which positron emission tomography (PET) scans have been introduced as evidence of mental impairment and secured a life sentence in place of the death penalty [2]. There have been numerous other cases in which neuroimaging evidence was successfully introduced but failed to sway the jury in favor of the defendant. A second defense is the excuse of insanity, which has had several notable and somewhat surprising successes involving the use of neuroimaging evidence. The federal test for insanity requires determination of whether “at the

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time of commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his acts” [3]. Most state legislatures have adopted similar rules. The federal test for insanity was implemented as the Insanity Defense Reform Act after the acquittal of John Hinckley, Jr. in 1982. Hinckley shot Ronald Reagan, attempting to assassinate him, and was acquitted based on evidence of brain atrophy. A CT scan indicated that Hinckley had enlarged sulci, or brain grooves, contributing to the suggestion that he was schizophrenic: as Dr. David Bear testified, one-third of schizophrenics have enlarged sulci, as compared to 1 in 50 non-schizophrenics [4]. Hinckley was found not guilty by reason of insanity, and after the trial several jurors acknowledged the importance that the psychiatric testimony played in their decision [5]. It seems that in the case of the Hinckley trial the ability for evidence to mislead was commensurate with its usefulness as an indicator of disease. Interpreting Abnormality The defenses supported by neuroimaging evidence depend on determining the point at which a neurological abnormality becomes pathological. Without the distinction between abnormality and pathological abnormality (e.g. insanity), one could imagine that the predisposition to violence could be used to argue reduced responsibility on the part of the defendant. The logical end of such reasoning implies a complete overturn of the current standard on which legal punishment is based: the premise of free will. If the distinction between conscious action and mental predisposition is neglected, the notion of a fair punishment collapses. Though recent research suggests that the brain may begin to produce actions before intention becomes conscious, the exoneration of criminals based on a predisposition to violent or antisocial behavior would be detrimental to public safety [6, 7]. Determining the boundary of mental pathology has remained a difficult problem faced by psychologists, even with the advent of functional neuroimaging techniques. Computed tomography (CT), a structural neuroimaging technique, is used to produce images similar to traditional x-ray images, which show differential tissue density. Magnetic resonance imaging (MRI) can distinguish tissue types by analyzing the relaxation times of protons in a magnetic field. More recently developed functional neuroimaging techniques such as functional MRI (fMRI), PET, and single photon emission computed tomography (SPECT) produce images indicating metabolic activity in different brain regions based on glucose or oxygen consumption. These images provide a wealth of information not only on the functions of different brain areas but also on time dependent patterns, the significance of which is only beginning to be discovered. However, in terms of identifying disease, neuroimaging has not advanced © 2008, The Triple Helix, Inc. All rights reserved.

BROWN past the point of association, an issue that played a central role in the Hinckley trial. Certain patterns of brain activity are associated with certain diseases, but the associations are not exclusive: healthy individuals may demonstrate these patterns as well. Diseases whose existence in individuals has been supported by neuroimaging evidence include schizophrenia, bipolar disorder, and obsessive-compulsive disorder. Others have produced evidence of decreased activity or size in an area of the brain, often in the frontal lobe. The frontal lobe includes the prefrontal cortex, an area of the brain that, along with the temporo-limbic region, has been shown to function abnormally in individuals with psychopathic disorders. A main theory of psychopathic disorders points to deficits in anticipation of rewards and punishments, which has been shown to correlate with abnormal prefrontal activity [9]. Studies such as these point to a physical basis for criminal behavior, but neuroscience has no way of determining causality—whether abnormal brain activity can be said to cause violent or anti-social behavior or if the two are inextricably tied. Admissibility of Scientific Evidence Standards regarding the admissibility of scientific evidence are referred to in terms of the cases in which they were established: the Frye approach and the Daubert approach [10]. The Frye approach, established in 1923, states that the science upon which evidence is based should have “gained acceptance in the particular field in which it belongs,” while the Daubert approach, established in 1993, puts forth four criteria under which the judge should determine admissibility: general acceptance in the relevant scientific community, testability, subjection to peer review and publication, and known or potential error rate. Neuroimaging results have been both admitted and rejected under these rules. For example, in the 2001 case of People v. Protsman, the defense attempted to admit a PET scan demonstrating decreased frontal lobe activity due to traumatic brain injury, but the scan was denied admittance under Frye due to lack of “general acceptance” of References: [1] G. M. Lavergne, A sniper in the tower: the Charles Whitman murders (University of North Texas Press, Denton, 1997). [2] The President’s Council on Bioethics. Staff working paper: An Overview of the Impact of Neuroscience Evidence in Criminal Law. (2004; http://www.bioethics.gov/ background/neuroscience_evidence.html). [3] R. F. Becker, Journal of Police and Criminal Psychology 18, 41-45 (2003). [4] United States v. Hinckley, 525 F. Supp. 1324 (D.D.C. 1981). [5] D. Linder, The Trial of John Hinckley (University of Missouri-Kansas City Law School, 2002; http://www.law.umkc.edu/faculty/projects/ftrials/hinckley/ACCOUNT.HTM).

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the method [2, 10]. On the other hand, in People v. Weinstein (1992), PET scan images, which showed reduced brain function in and around a cyst in the defendant’s frontal lobe, were successfully introduced under Frye as evidence that he was not responsible for his actions: Weinstein was charged with manslaughter rather than murder [11, 12]. The fact that the same analytical method was determined to be “generally accepted” by one court and not by another points to the insufficiency of such a standard in determining the appropriateness of neuroimaging in criminal trials. Neuroimaging confounds the idea of general acceptability by prompting the question: the general acceptability of what? It is generally accepted that functional neuroimaging can display levels of metabolic activity, but what those patterns of metabolic activity mean is still largely unverified. It is generally accepted that certain metabolic patterns correlate statistically with disease states, but correlation is not causation, and the consistency of the correlations themselves is far from ideal. This is not to say that neuroimaging should be completely excluded from evidence in criminal trials, for it has the potential to offer valuable insight, especially in the cases of defendants with traumatic brain injuries. Practical rules for the admittance of neuroimaging evidence should include welldemonstrated correlations of results identifying brain structure or activity with brain disease or damage, as well as Reproduced from [13]. verification of the significance of these results by multiple unbiased experts. Science, aided by large data sets, aims to understand by constantly questioning its own theories, which evolve over long periods of time. Law, on the other hand, holds standards based on traditional precedents and aims to judge individuals in a limited time span. These fundamental differences make the introduction of neuroimaging results as legal evidence uniquely challenging. Christie Ciarlo is a senior studying Physics at Brown University.

[6] B. Libet, Behavioral and Brain Sciences 8, 529-566 (1985). [7] D. M. Wegner, Trends in Cognitive Science 7, 65-69 (2003). [8] N. Eastman, C. Campbell, Nautre Reviews Neuroscience 7, 311-318 (2006). [9] D. Mairead, Hospital Medicine 6, 337-340 (2002). [10] People v. Protsman, 88 Cal. App. 4th 509 (2001). [11] B. Garland, P. W. Glimcher, Current Opinion in Neurobiology 16, 130-134 (2006). [12] People v. Weinstein, 591 N.Y.S.2d 715 (Sup. Ct. 1992). [13] http://www.calbar.ca.gov/calbar/images/CBJ/2008/BrainScanArt.jpg

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The Tendency toward Being: Thermodynamics and the Origin of Complexity John Szymanski

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cience explains how things work— it is a reasoned response to the fundamental human sense of wonder at existence. Facing the challenge of explaining the enormous complexity of the universe, early scientists began to break it down into parts, explaining each on its own terms. Following this reductionist paradigm, in the past few centuries humanity has witnessed tremendous progress in understanding phenomena at every level of complexity, from the basic physical nature of matter and energy to the intricate biochemical systems that constitute an organism. Scientific inquiry has elucidated complex interactions within many fields, but where did that complexity come from, and why does it exist in the first place? A thermodynamic view of the question presents a paradox: if the universe can only tend toward disorder as entropy increases irreversibly, how can we account for the existence of order, for the presence of the sort of coherent structures that can fall apart? A March Toward Homogeneity Classical thermodynamics examines energy in isolated systems within adiabatic boxes. In his 1824 Reflections on the Motive Power of Fire, Sadi Carnot revealed that heat can do useful work only in its transmission from a hot body to a cold body, through its coherent motion. In 1865, Rudolph

Clausius termed this spreading-out of heat “entropy.” Heat flows from hot to cold, and once that gradient is gone, it is lost irreversibly to entropy. When heat is distributed evenly, entropy is maximized and the system is in equilibrium. This became the second law of thermodynamics: the entropy of an isolated system will not decrease over time. Nonthermal forms of energy all contain a certain amount of free energy, or capacity to do work. In the process of doing useful work, some energy is always lost to heat, irreversibly generating entropy [1]. Thus, entropy gives us an “arrow of time,” an essential asymmetry between before and after that seems intuitively obvious but is absent in the reversible laws of physics. Physical equations relating the behavior of objects operate the same forwards and backwards, but homogenization—the production of entropy—is one-way [2]. Viewing the universe as an isolated system, the question arises as to why it does not seem to be approaching equilibrium. Far from a homogeneous mixture of matter with a uniform temperature, we find ourselves in universe full of differentiated features on all scales. In the fundamental proliferation of matter after the Big Bang, from whence sprang the immense complexity of galaxies, stars, planets and life if no process can decrease the total entropy of the universe?

Figure 1: A cross-sectional diagram of Bénard cells in thermal convection. Reproduced from [8].

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BROWN Crucially, there was space for the hot matter from the big bang to disperse and cool off. At the extraordinarily high temperatures present at the beginning, the random motion of heat dominated the effect of all other forces. Once things cooled sufficiently by expansion, the force of gravity began to take precedence, pulling any regions of slightly higher density together into planets and stars, whose internal reactions emit energy to their surroundings [3]. Still, the complexity of structures surrounding us cannot be explained by mere gravitational clumping. A clod doesn’t do much but get bigger and hotter. Beyond heterogeneity, there must be a mechanism for the formation Figure 2: A ten second exposure of Bénard cells from above visualized with suspended aluminum flakes. Reproduced from [9]. of coherent structure—that is, systems that do something— while the total entropy of the universe increases. The crux from the previous homogeneity. In this process of thermal is that nothing in the real world is isolated. Far from the convection, hot fluid at the bottom rises to the top due to insulated adiabatic boxes of classical thermodynamic study, its lower density, where it loses its heat through the top real systems are open to exchange with their surroundings. surface, regaining density and flowing back down (Fig. 1). The field of nonequilibrium thermodynamics studies these An ordered structure of hexagonal cells develops in which open systems: when energy flows through matter, things fluid rises through the center of each before sinking along its edges. Adjacent cells, viewed in cross section, flow alternately begin to get interesting. clockwise and counterclockwise, facilitating the efficient transfer of hot fluid up and cold fluid down [4] (Fig. 2). Nonequilibrium and Self-Organized Coherence A relatively simple system in which to examine energy flow Spontaneous cyclical motion of the fluid is amplified when is the transfer of heat through a fluid. In an experiment first it is energetically favorable: when it hastens the dispersal of performed in 1900 by Henri Bénard, the space between two the thermal gradient, accelerating the production of entropy closely-spaced parallel plates is filled with a fluid. Without outside of its borders. In this way, complex structures are any heat input (ΔT=0), the liquid quickly homogenizes to compatible with the second law of thermodynamics—their an equilibrium state with entropy at a maximum. If the low-entropy internal structure serves to generate entropy system is perturbed with a transient introduction of heat elsewhere, increasing the net entropy of the universe through or coherent motion, the effects quickly die out as entropy local organization [5].

maximizes once again. An equilibrium state is stable, and quickly returns following random perturbation. When the fluid is heated from below, it is brought out of equilibrium. If heat is added slowly (ΔT is small), it simply conducts through the stationary fluid. The only difference from equilibrium is that the bottom is hotter than the top— this is thermal conduction. When the rate of heating is increased past a critical value (Δtc) determined by the fluid’s viscosity, something extraordinary happens: a coherent motion of fluid develops

What the thermodynamics of complexity can offer is an explanation for the existence of coherent structure in general.

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Metastable dissipative structures Once Bénard cells are established, their structure and direction is stable while the heat gradient is maintained. The flow of energy keeps them in a state termed meta-stable by the American statistician Alfred Lotka, but their initial direction is entirely dependent on chance [6]. As ΔT is increased past ΔTC, the system goes through a bifurcation in which chance fluctuations determine whether each cell flows clockwise or counterclockwise. This sort of metastable structure retains its order while energy is flowing through it, but falls into disordered equilibrium when the energy flow ceases. The Belgian physicist Ilya Prigogine advanced the study of these “far-from-equilibrium” systems that are open to the flow of energy and material. He coined the term dissipative structures for systems that cohere to dissipate an energy gradient that exists across their auspices. Similar organization can be seen in many natural phenomena. In a whirlpool, water molecules move in a spiral to facilitate quicker draining, dissipating gravitational potential energy. A hurricane dissipates the temperature gradient between the THE TRIPLE HELIX October 2008 49

BROWN warm ocean and the cold upper atmosphere. Indeed, the entropic dissipation of energy seems to be the purpose of all structured behavior of matter. If organized systems did not dissipate energy gradients and produce entropy, they would not be energetically favorable, and would not exist. Energy dissipation is thus the utility of all macroscale structure under the strict parsing of thermodynamic law, and the reason why it exists. Each instance of life on earth is also a dissipative structure, its coherent organization serving to generate entropy outside of its boundaries [7].

series of bifurcations in which distinct populations of successive generations stumbled upon a better way to access a certain kind of energy, increasing their fitness and prevalence wherever its source is found. Thus, life diversified by natural selection to fill all energetic niches with the immense variety of reproducing dissipative structures that we see on earth today. Empirical truth often conflicts with traditional worldviews that explain the origin of ourselves and the things around us, providing people with a sense of purpose and identity. As such, science may be criticized for debasing these beliefs while failing to provide any satisfactory answers of its own. Indeed, science can provide no specific explanation for why we exist on this planet with these particular surroundings—it is the result of eons of whimsical bifurcation. What the thermodynamics of complexity can offer is an explanation for the existence of coherent structure in general. The purpose of organized matter is to facilitate the production of entropy. Each structure taps into a cache of energy, using it to sustain its metastable organization and continue its dissipative existence, increasing the net entropy of the universe in agreement with the second law of thermodynamics.

Reproduction, Evolution, and Increasing Complexity All living things are metastable dissipative structures: without energy input, they die. Be it in the form of sunlight or food, all organisms need energy to keep their low-entropy organized structure together, and their use of that energy dissipates it, generating entropy externally. The key to life’s complexity is its ability to reproduce—to save its current metastable state in the genetic code of its progeny before it succumbs to entropy within its body, to inevitable death and decay. The evolutionary development of the astoundingly complex purposeful structure of each protein in a living system (not to mention the interactions between them) was made possible by the storage of its structure in DNA, a molecule John Szymanski is an undergraduate stable enough to replicate at Brown University. functional systems while Figure 3: A hurricane brings heat from the ocean into the cold upper atmosphere. allowing the minor changes Reproduced from [10] necessary for natural selection. It is not known how the first reproductive system came about, but once complex metastable states could be revisited, each generation gained the opportunity to build upon the fitness of its progenitor. Within this paradigm, living structures went through a

References: [1] J. Gowan. “’Heat’ as the currency of work.” General Systems, Graviation, and the Unified Field Theory. 2008. Cornell University. 28 June 2008. < http://people.cornell. edu/pages/jag8/heat.html> [2] I. Prigogine, I. Stengers. Order Out of Chaos. (New Science Library, 1984) [3] I. Prigogine, I. Stengers, 1984. p. 126 [4] I. Prigogine, G. Nicolis, Exploring Complexity. (W.H. Freeman and Company, 1989), pp. 9-12. [5] E. Schneider, J. Kay. Mathematical and Computer Modeling. 19:25-38 (1994). [6] E. Schneider, D. Sagan. Into the Cool. (The University of Chicago Press, 2005), p. 79.

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[7] Schneider & Sagan, 2005. [8] “Convection cells.” Wikipedia. 2007. 21 July 2008. [9] “Rayleigh-Benard Convection Cells.” Pattern Formation. 1982. Environmental Technology Lab, National Oceanic & Atmospheric Administration. 21 July 2008. [10] National Science Foundation. 21 July 2008. [11] “Food web.” Field Trip Guide. 1998. Lake Pontchartrain Basin Foundation, United States Geological Survey. 21 July 2008.

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