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1、Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its “one-click” online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bilski, as the case is known , is “a very big deal”, says Dennis D. Crouch of the University of Missouri School of Law. It “has the potential to eliminate an entire class of patents.”Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging Internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.The Bilski case involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should “reconsider” its State Street Bank ruling.The Federal Circuit's action comes in the wake of a series of recent decisions by the Supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. The judges on the Federal Circuit are “reacting to the anti-patent trend at the Supreme Court”, says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.1.Business-method patents have recently aroused concern because of( ). 2.Which of the following is true of the Bilski case?3.The word “about-face” (Line 1, Para 3) most probably means ( ). 4.We learn from the last two paragraphs that business-method patents ( ). 5.Which of the following would be the subject of the text?
問(wèn)題1
A、their limited value to businesses
B、their connection with asset allocation
C、the possible restriction on their granting
D、the controversy over their authorization
問(wèn)題2
A、Its ruling complies with the court decisions.
B、It involves a very big business transaction.
C、It has been dismissed by the Federal Circuit.
D、It may change the legal practices in the U.S.
問(wèn)題3
A、loss of good will
B、increase of hostility
C、change of attitude
D、enhancement of dignity
問(wèn)題4
A、are immune to legal challenges
B、are often unnecessarily issued
C、lower the esteem for patent holders
D、increase the incidence of risks
問(wèn)題5
A、A looming threat to business-method patents.
B、Protection for business-method patent holders.
C、A legal case regarding business-method patents.
D、A prevailing trend against business-method patents.
2、Bankers have been blaming themselves for their troubles in public. Behind the scenes, they have been taking aim at someone else: the accounting standard-setters. Their rules, moan the banks, have forced them to report enormous losses, and it's just not fair. These rules say they must value some assets at the price a third party would pay, not the price managers and regulators would like them to fetch.Unfortunately, banks' lobbying now seems to be working. The details may be unknowable, but the independence of standard-setters, essential to the proper functioning of capital markets, is being compromised. And, unless banks carry toxic assets at prices that attract buyers, reviving the banking system will be difficult.After a bruising encounter with Congress, America's Financial Accounting Standards Board (FASB) rushed through rule changes. These gave banks more freedom to use models to value illiquid assets and more flexibility in recognizing losses on long-term assets in their income statements. Bob Herz, the FASB's chairman, cried out against those who “question our motives.” Yet bank shares rose and the changes enhance what one lobbying group politely calls “the use of judgment by management.”European ministers instantly demanded that the International Accounting Standards Board (IASB) do likewise. The IASB says it does not want to act without overall planning, but the pressure to fold when it completes its reconstruction of rules later this year is strong. Charlie McCreevy, a European commissioner, warned the IASB that it did “not live in a political vacuum” but “in the real world” and that Europe could yet develop different rules.It was banks that were on the wrong planet, with accounts that vastly overvalued assets. Today they argue that market prices overstate losses, because they largely reflect the temporary illiquidity of markets, not the likely extent of bad debts. The truth will not be known for years. But banks' shares trade below their book value, suggesting that investors are skeptical. And dead markets partly reflect the paralysis of banks which will not sell assets for fear of booking losses, yet are reluctant to buy all those supposed bargains.To get the system working again, losses must be recognized and dealt with. America's new plan to buy up toxic assets will not work unless banks mark assets to levels which buyers find attractive. Successful markets require independent and even combative standard-setters. The FASB and IASB have been exactly that, cleaning up rules on stock options and pensions, for example, against hostility from special interests. But by giving in to critics now they are inviting pressure to make more concessions.1.Bankers complained that they were forced to( ).2.According to the author, the rule changes of the FASB may result in ( ). 3.According to Paragraph 4, McCreevy objects to the IASB's attempt to ( ). 4.The author thinks the banks were “on the wrong planet” in that they ( ). 5.The author's attitude towards standard-setters is one of( ).
問(wèn)題1
A、follow unfavorable asset evaluation rules
B、collect payments from third parties
C、cooperate with the price managers
D、reevaluate some of their assets
問(wèn)題2
A、the diminishing role of management
B、the revival of the banking system
C、the banks' long-term asset losses
D、the weakening of its independence
問(wèn)題3
A、keep away from political influences
B、evade the pressure from their peers
C、act on their own in rule-setting
D、take gradual measures in reform
問(wèn)題4
A、misinterpreted market price indicators
B、exaggerated the real value of their assets
C、neglected the likely existence of bad debts
D、denied booking losses in their sale of assets
問(wèn)題5
A、satisfaction
B、skepticism
C、objectiveness
D、sympathy
3、The decision of the New York Philharmonic to hire Alan Gilbert as its next music director has been the talk of the classical-music world ever since the sudden announcement of his appointment in 2009. For the most part, the response has been favorable, to say the least. “Hooray! At last!” wrote Anthony Tommasini, a sober-sided classical-music critic. One of the reasons why the appointment came as such a surprise, however, is that Gilbert is comparatively little known. Even Tommasini, who had advocated Gilbert's appointment in the Times, calls him “an unpretentious musician with no air of the formidable conductor about him.” As a description of the next music director of an orchestra that has hitherto been led by musicians like Gustav Mahler and Pierre Boulez, that seems likely to have struck at least some Times readers as faint praise. For my part, I have no idea whether Gilbert is a great conductor or even a good one. To be sure, he performs an impressive variety of interesting compositions, but it is not necessary for me to visit Avery Fisher Hall, or anywhere else, to hear interesting orchestral music. All I have to do is to go to my CD shelf, or boot up my computer and download still more recorded music from iTunes. Devoted concertgoers who reply that recordings are no substitute for live performance are missing the point. For the time, attention, and money of the art-loving public, classical instrumentalists must compete not only with opera houses, dance troupes, theater companies, and museums, but also with the recorded performances of the great classical musicians of the 20th century. There recordings are cheap, available everywhere, and very often much higher in artistic quality than today's live performances; moreover, they can be “consumed” at a time and place of the listener's choosing. The widespread availability of such recordings has thus brought about a crisis in the institution of the traditional classical concert. One possible response is for classical performers to program attractive new music that is not yet available on record. Gilbert's own interest in new music has been widely noted: Alex Ross, a classical-music critic, has described him as a man who is capable of turning the Philharmonic into “a markedly different, more vibrant organization.” But what will be the nature of that difference? Merely expanding the orchestra's repertoire will not be enough. If Gilbert and the Philharmonic are to succeed, they must first change the relationship between America's oldest orchestra and the new audience it hopes to attract. 1.We learn from Para.1 that Gilbert's appointment has( ).2.Tommasini regards Gilbert as an artist who is ( ). 3.The author believes that the devoted concertgoers ( ). 4.According to the text, which of the following is true of recordings? 5.Regarding Gilbert's role in revitalizing the Philharmonic, the author feels( ).
問(wèn)題1
A、incurred criticism
B、raised suspicion
C、received acclaim
D、aroused curiosity
問(wèn)題2
A、influential
B、modest
C、respectable
D、talented
問(wèn)題3
A、ignore the expenses of live performances
B、reject most kinds of recorded performances
C、exaggerate the variety of live performances
D、overestimate the value of live performances
問(wèn)題4
A、They are often inferior to live concerts in quality.
B、They are easily accessible to the general public.
C、They help improve the quality of music.
D、They have only covered masterpieces.
問(wèn)題5
A、doubtful
B、enthusiastic
C、confident
D、puzzled
4、The ethical judgments of the Supreme Court justices have become an important issue recently. The court cannot(1)its legitimacy as guardian of the rule of law(2)justices behave like politicians. Yet, in several instances, justices acted in ways that(3) the court's reputation for being independent and impartial. Justice Antonin Scalia, for example, appeared at political events. That kind of activity makes it less likely that the court's decisions will be(4)as impartial judgments. Part of the problem is that the justices are not(5) by an ethics code. At the very least, the court should make itself (6) to the code of conduct that (7) to the rest of the federal judiciary. This and other similar cases (8) the question of whether there is still a (9) between the court and politics. The framers of the Constitution envisioned law (10) having authority apart from politics. They gave justices permanent positions (11) they would be free to (12 )those in power and have no need to (13)political support. Our legal system was designed to set law apart from politics precisely because they are so closely (14) . Constitutional law is political because it results from choices rooted in fundamental social (15) like liberty and property. When the court deals with social policy decisions, the law it (16)is inescapably political—which is why decisions split along ideological lines are so easily (17) as unjust. The justices must (18) doubts about the court's legitimacy by making themselves (19) to the code of conduct. That would make rulings more likely to be seen as separate from politics and, (20), convincing as law.
問(wèn)題1
A、emphasize
B、maintain
C、modify
D、recognize
問(wèn)題2
A、when
B、lest
C、before
D、unless
問(wèn)題3
A、restored
B、weakened
C、established
D、eliminated
問(wèn)題4
A、challenged
B、compromised
C、suspected
D、accepted
問(wèn)題5
A、advanced
B、caught
C、bound
D、founded
問(wèn)題6
A、resistant
B、subject
C、immune
D、prone
問(wèn)題7
A、resorts
B、sticks
C、loads
D、applies
問(wèn)題8
A、evade
B、raise
C、deny
D、settle
問(wèn)題9
A、line
B、barrier
C、similarity
D、conflict
問(wèn)題10
A、by
B、as
C、though
D、towards
問(wèn)題11
A、so
B、since
C、provided
D、though
問(wèn)題12
A、serve
B、satisfy
C、upset
D、replace
問(wèn)題13
A、confirm
B、express
C、cultivate
D、offer
問(wèn)題14
A、guarded
B、followed
C、studied
D、tied
問(wèn)題15
A、concepts
B、theories
C、divisions
D、conventions
問(wèn)題16
A、excludes
B、questions
C、shapes
D、controls
問(wèn)題17
A、dismissed
B、released
C、ranked
D、distorted
問(wèn)題18
A、suppress
B、exploit
C、address
D、ignore
問(wèn)題19
A、accessible
B、amiable
C、agreeable
D、accountable
問(wèn)題20
A、by all means
B、at all costs
C、in a word
D、as a result
5、“The Heart of the Matter,” the just-released report by the American Academy of Arts and Sciences (AAAS), deserves praise for affirming the importance of the humanities and social sciences to the prosperity and security of liberal democracy in America. Regrettably, however, the report's failure to address the true nature of the crisis facing liberal education may cause more harm than good.In 2010, leading congressional Democrats and Republicans sent letters to the AAAS asking that it identify actions that could be taken by “federal, state and local governments, universities, foundations, educators, individual benefactors and others” to “maintain national excellence in humanities and social scientific scholarship and education.” In response, the American Academy formed the Commission on the Humanities and Social Sciences. Among the commission's 51 members are top-tier-university presidents, scholars, lawyers, judges, and business executives, as well as prominent figures from diplomacy, filmmaking, music and journalism.The goals identified in the report are generally admirable. Because representative government presupposes an informed citizenry, the report supports full literacy; stresses the study of history and government, particularly American history and American government; and encourages the use of new digital technologies. To encourage innovation and competition, the report calls for increased investment in research, the crafting of coherent curricula that improve students' ability to solve problems and communicate effectively in the 21st century, increased funding for teachers and the encouragement of scholars to bring their learning to bear on the great challenges of the day. The report also advocates greater study of foreign languages, international affairs and the expansion of study abroad programs.Unfortunately, despite 2% years in the making, “The Heart of the Matter” never gets to the heart of the matter: the illiberal nature of liberal education at our leading colleges and universities. The commission ignores that for several decades America's colleges and universities have produced graduates who don't know the content and character of liberal education and are thus deprived of its benefits. Sadly, the spirit of inquiry once at home on campus has been replaced by the use of the humanities and social sciences as vehicles for publicizing “progressive,” or left-liberal propaganda.Today, professors routinely treat the progressive interpretation of history and progressive public policy as the proper subject of study while portraying conservative or classical liberal ideas—such as free markets and self-reliance—as falling outside the boundaries of routine, and sometimes legitimate, intellectual investigation.The AAAS displays great enthusiasm for liberal education. Yet its report may well set back reform by obscuring the depth and breadth of the challenge that Congress asked it to illuminate. 1.According to Paragraph 1, what is the author's attitude toward the AAAS's report?2.Influential figures in the Congress required that the AAAS report on how to( ).3.According to Paragraph 3, the report suggests ( ). 4.The author implies in Paragraph 5 that professors are ( ). 5.Which of the following would be the best title for the text?
問(wèn)題1
A、Critical.
B、Appreciative.
C、Contemptuous.
D、Tolerant.
問(wèn)題2
A、safeguard individuals' rights to education
B、define the government's role in education
C、retain people's interest in liberal education
D、keep a leading position in liberal education
問(wèn)題3
A、an exclusive study of American history
B、a greater emphasis on theoretical subjects
C、the application of emerging technologies
D、funding for the study of foreign languages
問(wèn)題4
A、supportive of free markets
B、biased against classical liberal ideas
C、cautious about intellectual investigation
D、conservative about public policy
問(wèn)題5
A、Illiberal Education and “The Heart of the Matter”.
B、The AAAS's Contribution to Liberal Education.
C、Ways to Grasp “The Heart of the Matter”.
D、Progressive Policy vs. Liberal Education.
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