Equipping witnesses with transferable skills: the Self-Administered Interview©

The Self-Administered Interview^© (SAI) is a novel investigative interview tool with potential practical benefits. Research revealed that the SAI increases the recall of correct information without a decrease in accuracy. In addition, it seems to prevent forgetting. Participants who had completed the SAI after viewing an event remembered more correct details following a delay than participants who did not have this early recall opportunity. The current study examined whether the beneficial effects of the SAI go beyond the well-established testing effect. Does the SAI make a good witness for one event or for a better witness in general? If the SAI provides general skills, its effects may transfer at least partially to a new event. Two groups of participants watched an event followed by SAI or free recall (FR) instructions. After a one-week delay participants were presented with a second event and received FR instructions. In addition to replicating the SAI effect, experienced SAI participants recalled more correct details for the second event than inexperienced individuals. The findings suggest that the SAI equips witnesses with transferable skills they can use during future retrieval of new events.     

合同债权转让情形诉讼管辖权归属研究--以受让人与原合同债务人纠纷为视角

目前国内关于合同债权转让情形受让人与原合同债务人间纠纷的诉讼管辖确定规则的理解存在误判。受让人与原合同债务人之间并非合同关系。受让人所取得权利性质上为以合同债权为客体的支配权。受让人与原合同债务人之间的关系为受让人行使该支配权过程中所形成的关系。因此其管辖权的确定不应适用民事诉讼法第23条的规定,而应直接适用法释[2001]12号第2条及第3条所确立的规则。该规则本质上为一个新的、有别于合同纠纷地域管辖规则的特殊地域管辖规则。     

Introduction: The OECD and Policy Transfer: Comparative Case Studies

Abstract

The six articles in this issue examine the role of the OECD in policy transfer. Two articles (Kudrle on international tax agreements, and Legrand and Vas on Australia’s vocational and educational training policy) conclude that the OECD has been influential, albeit in a grinding and lengthy way. Two others (Clifton on the OECD’s “enhanced engagement” policy with five G-20 countries, and Eccleston and Woodward on tax transparency) find the OECD’s influence either patchier or even dysfunctional. Carroll’s article provides a novel analysis of policy transfer through accession processes, while Alasuutari explores transfer in terms of a comparative analysis of policy rationalizations that refer to the OECD as a “standard.” A common theme of all six articles is the way in which policy transfer is driven by exogenous pressures and crises, and how international governmental organizations like the OECD exploit these pressures to protect and expand their global relevance.     

从陕北煤矿生产现实状况看矿业权流转改革

矿业权流转制度的提出,在矿产资源市场化道路上迈出了一大步,但是我国矿产资源法对矿业权流转的相关规定依然存在一定局限性。适应我国市场经济体制改革的不断深化,充分发挥市场在资源配置方面的决定性作用,有必要进一步完善矿业权流转制度。矿业权流转市场体系的构建包括一级出让市场和二级转让市场。完善矿业权流转制度需要重视矿业权流转配套法规与技术性标准建设。     

The performance of university spin-offs: an exploratory analysis using venture capital data

University spin-offs are defined as firms founded by university employees. Using a large database on venture-backed start-up companies, I describe the characteristics of university spin-offs and investigate whether they perform differently than other firms. I find that venture-backed university spin-offs are concentrated in the biotechnology and information technology industries. Moreover, a spin-off tends to stay close to the university, suggesting that technology transfer through spin-offs is largely a local phenomenon. Multivariate regression analyses show that university spin-offs have a higher survival rate but are not significantly different from other start-ups in terms of the amount of venture capital raised, the probability of completing an initial public offering (IPO), the probability of making a profit, or the size of employment.

Factors fostering academics to start up new ventures: an assessment of Italian founders’ incentives

Why do university researchers decide to start-up a new venture? How can we distinguish between the different factors influencing such an important decision? To what extent are specific policies activated within universities relevant in the process of new venture creation? In this paper we try to answer these very significant questions, through an empirical analysis performed on a sample of 88 Italian academics involved in the creation of 47 spin-offs between 1999 and 2005. Our findings show that the availability of technologies with a potential for commercial exploitation, the possibility to access university infrastructures and the personal benefits are the most important incentives for academics. More generally, academics’ involvement in creating new ventures is not driven by an entrepreneurial attitude, but rather by the expectation of generating results which will enhance their academic position. Additional investments and efforts made by some universities to create more mechanisms to support spin-offs are not perceived as additional incentives. These results hold after controlling for academic founders’ institutional affiliation, status, and the companies’ growth over their first two years of existence. Implications for public policy and organizational processes are discussed.     

How does initial public financing influence private incentives for follow-on investment in early-stage technologies?

One common rationale supporting public financing programs for small firms is that initial public investment creates incentives for follow-on private investment. However, there does not appear to be a unified statement in the literature describing how initial public investment creates incentives for follow-on private investment. Focusing on external private investors, we use a two-stage net present value model to identify four effects from initial public investment on the private decision for follow-on investment. Our empirical analysis uses a sample of non-venture backed firms entering the SBIR program to examine how reduced risk, the number of SBIR awards, and size of initial public investment influence the likelihood of follow-on venture capital investment. We find the probability of follow-on venture capital investment is more likely when firms reach Phase II of the program, is less likely as firms win multiple Phase I and Phase II awards, and is more likely as the size of initial public investment in Phase I increases.

占有改定与善意取得 兼论民法规范漏洞的填补

占有改定和善意取得的关系,考验着法律人的抽象思维能力和具体情形中符合事理的判断力,需要运用成文法解释模式进行法律论证。在物权法的意义脉络中,立法文本所表述的交付概念从未涵括占有改定。作为法律拟制产物的占有改定,其物权变动效果不等同于现实交付,与善意取得之间具有不相容性。占有改定的物权合意只能在传来取得的情形中产生效力,在善意取得的情形中则不生效力。为填补规范漏洞,物权法第106条所言交付应作目的论限缩解释,以免法律激励出坏的交易风险,有悖于此条款追求交易安全的价值取向。     

Australian climate policy and the Asia Pacific partnership on clean development and climate (APP). From Howard to Rudd: continuity or change?

This article explains, first, why Australia’s government under John Howard, together with the United States Bush administration initiated the Asia Pacific Partnership on Clean Development and Climate (APP) and, second, why the succeeding Rudd government continued to support this initiative. Climate policy under the conservative Howard government (1995–2007) in Australia was largely dictated by fossil fuel and mineral sector interests, and reflected a close alliance with the Bush administration. The Howard government shunned the Kyoto Protocol, refused to set national binding greenhouse gas reduction targets and preferred voluntary cooperative measures with industry. The APP was part of the Howard government’s strategy to demonstrate some policy movement on climate change while postponing serious action. Climate change was a key issue in the election of the Rudd Labor government in Australia in December 2007. The Rudd government quickly ratified Kyoto, adopted emission reduction targets, and moved to introduce emissions trading. The Rudd government’s decision to continue involvement with the APP, albeit with diminished funding, was a pragmatic one. The APP was supported by industry and provided bridges to China and India—both key countries in the post-2012 UNFCCC negotiations. Finally, in order to assess the long-term outlook of the APP, the article provides a preliminary assessment as to whether the APP advances technology transfer.

Spinouts from academic institutions: a literature review with suggestions for further research

This paper provides a comprehensive literature review of the phenomenon of spinouts from academic institutions. We systematically identified spinout papers in key management journals, categorised the literature and critically synthesised the findings. We present the findings of each literature stream in turn and also identify inconsistencies and directions for further research. We conclude that while the early literature has been mainly atheoretical and focused on describing the phenomenon, a core group of recent studies were theory-driven.