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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.
問題3
A、loss of good will
B、increase of hostility
C、change of attitude
D、enhancement of dignity
問題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
問題5
A、satisfaction
B、skepticism
C、objectiveness
D、sympathy
3、Come on—Everybody's doing it. That whispered message, half invitation and half forcing, is what most of us think of when we hear the words peer pressure. It usually leads to no good—drinking, drugs and casual sex. But in her new book Join the Club, Tina Rosenberg contends that peer pressure can also be a positive force through what she calls the social cure, in which organizations and officials use the power of group dynamics to help individuals improve their lives and possibly the word. Rosenberg, the recipient of a Pulitzer Prize, offers a host of example of the social cure in action: In South Carolina, a state-sponsored antismoking program called Rage Against the Haze sets out to make cigarettes uncool. In South Africa, an HIV-prevention initiative known as LoveLife recruits young people to promote safe sex among their peers. The idea seems promising, and Rosenberg is a perceptive observer. Her critique of the lameness of many pubic-health campaigns is spot-on: they fail to mobilize peer pressure for healthy habits, and they demonstrate a seriously flawed understanding of psychology. "Dare to be different, please don't smoke!” pleads one billboard campaign aimed at reducing smoking among teenagers-teenagers, who desire nothing more than fitting in. Rosenberg argues convincingly that public-health advocates ought to take a page from advertisers, so skilled at applying peer pressure. But on the general effectiveness of the social cure, Rosenberg is less persuasive. Join the Club is filled with too much irrelevant detail and not enough exploration of the social and biological factors that make peer pressure so powerful. The most glaring flaw of the social cure as it's presented here is that it doesn't work very well for very long. Rage Against the Haze failed once state funding was cut. Evidence that the LoveLife program produces lasting changes is limited and mixed. There's no doubt that our peer groups exert enormous influence on our behavior. An emerging body of research shows that positive health habits—as well as negative ones—spread through networks of friends via social communication. This is a subtle form of peer pressure: we unconsciously imitate the behavior we see every day. Far less certain, however, is how successfully experts and bureaucrats can select our peer groups and steer their activities in virtuous directions. It's like the teacher who breaks up the troublemakers in the back row by pairing them with better-behaved classmates. The tactic never really works. And that's the problem with a social cure engineered from the outside: in the real world, as in school, we insist on choosing our own friends. 1.According to the first paragraph, peer pressure often emerges as( ).2.Rosenberg holds that public advocates should ( ). 3.In the author's view, Rosenberg's book fails to ( ). 4.Paragraph 5 shows that our imitation of behaviors ( ). 5.The author suggests in the last paragraph that the effect of peer pressure is( ).
問題1
A、a supplement to the social cure
B、a stimulus to group dynamics
C、an obstacle to school progress
D、a cause of undesirable behaviors
問題2
A、recruit professional advertisers
B、learn from advertisers' experience
C、stay away from commercial advertisers
D、recognize the limitations of advertisements
問題3
A、adequately probe social and biological factors
B、effectively evade the flaws of the social cure
C、illustrate the functions of state funding
D、produce a long-lasting social effect
問題4
A、is harmful to our networks of friends
B、will mislead behavioral studies
C、occurs without our realizing it
D、can produce negative health habits
問題5
A、harmful
B、desirable
C、profound
D、questionable
4、A deal is a deal-except, apparently, when Entergy is involved. The company, a major energy supplier in New England, provoked justified outrage in Vermont last week when it announced it was reneging on a longstanding commitment to abide by the strict nuclear regulations. Instead, the company has done precisely what it had long promised it would not challenge the constitutionality of Vermont's rules in the federal court, as part of a desperate effort to keep its Vermont Yankee nuclear power plant running. It's a stunning move. The conflict has been surfacing since 2002, when the corporation bought Vermont's only nuclear power plant, an aging reactor in Vernon. As a condition of receiving state approval for the sale, the company agreed to seek permission from state regulators to operate past 2012. In 2006, the state went a step further, requiring that any extension of the plant's license be subject to Vermont legislature's approval. Then, too, the company went along. Either Entergy never really intended to live by those commitments, or it simply didn't foresee what would happen next. A string of accidents, including the partial collapse of a cooling tower in 2007 and the discovery of an underground pipe system leakage, raised serious questions about both Vermont Yankee's safety and Entergy's management—especially after the company made misleading statements about the pipe. Enraged by Entergy's behavior, the Vermont Senate voted 26 to 4 last year against allowing an extension. Now the company is suddenly claiming that the 2002 agreement is invalid because of the 2006 legislation, and that only the federal government has regulatory power over nuclear issues. The legal issues in the case are obscure: whereas the Supreme Court has ruled that states do have some regulatory authority over nuclear power, legal scholars say that Vermont case will offer a precedent-setting test of how far those powers extend. Certainly, there are valid concerns about the patchwork regulations that could result if every state sets its own rules. But had Entergy kept its word, that debate would be beside the point. The company seems to have concluded that its reputation in Vermont is already so damaged that it has noting left to lose by going to war with the state. But there should be consequences. Permission to run a nuclear plant is a public trust. Entergy runs 11 other reactors in the United States, including Pilgrim Nuclear station in Plymouth. Pledging to run Pilgrim safely, the company has applied for federal permission to keep it open for another 20 years. But as the Nuclear Regulatory Commission (NRC) reviews the company's application, it should keep it mind what promises from Entergy are worth. 1.The phrase “reneging on”(Line 2. para.1) is closest in meaning to( ).2.By entering into the 2002 agreement, Entergy intended to ( ). 3.According to Paragraph 4, Entergy seems to have problems with it ( ). 4.In the author's view, the Vermont case will test ( ). 5.It can be inferred from the last paragraph that( ).
問題1
A、condemning
B、reaffirming
C、dishonoring
D、securing
問題2
A、obtain protection from Vermont regulators
B、seek favor from the federal legislature
C、acquire an extension of its business license
D、get permission to purchase a power plant
問題3
A、managerial practices
B、technical innovativeness
C、financial goals
D、business vision
問題4
A、Entergy's capacity to fulfill all its promises
B、the mature of states' patchwork regulations
C、the federal authority over nuclear issues
D、the limits of states' power over nuclear issues
問題5
A、Entergy's business elsewhere might be affected
B、the authority of the NRC will be defied
C、Entergy will withdraw its Plymouth application
D、Vermont's reputation might be damaged
5、In the idealized version of how science is done, facts about the world are waiting to be observed and collected by objective researchers who use the scientific method to carry out their work. But in the everyday practice of science, discovery frequently follows an ambiguous and complicated route. We aim to be objective, but we cannot escape the context of our unique life experience. Prior knowledge and interest influence what we experience, what we think our experiences mean, and the subsequent actions we take. Opportunities for misinterpretation, error, and self-deception abound. Consequently, discovery claims should be thought of as protoscience. Similar to newly staked mining claims, they are full of potential. But it takes collective scrutiny and acceptance to transform a discovery claim into a mature discovery. This is the credibility process, through which the individual researcher's me, here, now becomes the community's anyone, anywhere, anytime. Objective knowledge is the goal, not the starting point. Once a discovery claim becomes public, the discoverer receives intellectual credit. But, unlike with mining claims, the community takes control of what happens next. Within the complex social structure of the scientific community, researchers make discoveries; editors and reviewers act as gatekeepers by controlling the publication process; other scientists use the new finding to suit their own purposes; and finally, the public (including other scientists) receives the new discovery and possibly accompanying technology. As a discovery claim works it through the community, the interaction and confrontation between shared and competing beliefs about the science and the technology involved transforms an individual's discovery claim into the community's credible discovery. Two paradoxes exist throughout this credibility process. First, scientific work tends to focus on some aspect of prevailing Knowledge that is viewed as incomplete or incorrect. Little reward accompanies duplication and confirmation of what is already known and believed. The goal is new-search, not re-search. Not surprisingly, newly published discovery claims and credible discoveries that appear to be important and convincing will always be open to challenge and potential modification or refutation by future researchers. Second, novelty itself frequently provokes disbelief. Nobel Laureate and physiologist Albert Azent-Gyorgyi once described discovery as “seeing what everybody has seen and thinking what nobody has thought.” But thinking what nobody else has thought and telling others what they have missed may not change their views. Sometimes years are required for truly novel discovery claims to be accepted and appreciated. In the end, credibility “happens” to a discovery claim—a process that corresponds to what philosopher Annette Baier has described as the commons of the mind. “We reason together, challenge, revise, and complete each other's reasoning and each other's conceptions of reason.” 1.According to the first paragraph, the process of discovery is characterized by its( ).2.It can be inferred from Paragraph 2 that credibility process requires ( ). 3.Paragraph 3 shows that a discovery claim becomes credible after it ( ). 4.Albert Szent-Gyorgyi would most likely agree that ( ). 5.Which of the following would be the best title of the test?
問題1
A、uncertainty and complexity
B、misconception and deceptiveness
C、logicality and objectivity
D、systematicness and regularity
問題2
A、strict inspection
B、shared efforts
C、individual wisdom
D、persistent innovation
問題3
A、has attracted the attention of the general public
B、has been examined by the scientific community
C、has received recognition from editors and reviewers
D、has been frequently quoted by peer scientists
問題4
A、scientific claims will survive challenges
B、discoveries today inspire future research
C、efforts to make discoveries are justified
D、scientific work calls for a critical mind
問題5
A、Novelty as an Engine of Scientific Development.
B、Collective Scrutiny in Scientific Discovery.
C、Evolution of Credibility in Doing Science.
D、Challenge to Credibility at the Gate to Science.
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