Due process vs. crime control

Juries that exclude people who are unwilling to impose the death penalty (death-qualified juries) may be biased against capital defendants. To evaluate this possibility we compared the demographic characteristics and attitudes toward the criminal justice system of people who would or would not be excluded by theWitherspoon standard. A random sample of 811 eligible jurors in Alameda County, California were interviewed by telephone. Of the 717 respondents who stated that they could be fair and impartial in deciding on the guilt or innocence of a capital defendant, 17.2% said that they could never vote to impose the death penalty, and thus are excludable underWitherspoon. Significantly greater proportions of blacks than whites and of females than males are eliminated by the process of death qualification. On the attitudinal measures, the death-qualified respondents were consistently more prone to favor the point of view of the prosecution, to mistrust criminal defendants and their counsel, to take a punitive approach toward offenders, and to be more concerned with crime control than with due process. Eleven of the 13 items showed statistically significant differences.     

知识产权保护：“过度”与“不足”

在信息社会、知识经济时代背景下,中国政府已明确提出"以信息化带动工业化,发挥后发优势,实现社会生产力的跨越式发展。"这显然预示着针对各种信息的利益冲突将愈演愈烈,相应地,解决信息利益冲突的信息产权特别是保护创新性智力成果这种特定优化信息从而成为信息产权核心的知识     

Employee attitude surveys: perception vs. reality

In order to correctly interpret employee perceptions, analysts must understand the organization's past, present, and future goals and policies, its performance and success, and its place in the business environment.     

Legal vs. quantified definitions of standards of proof

Law and Human Behavior - Three laboratory experiments were conducted to compare legal (unquantified) definitions of three standards of proof (“preponderance of the evidence,”...     

Technology transfer vs. diffusion: A conceptual clarification

Technology transfer and diffusion are often used interchangeably and applied to diverse phenomena. Policy needs to distinguish between them. Transfer of knowledge and legal rights to produce a new product is constrained by the owner's concern for a return on innovation; diffusion of use is restricted by willingness and ability to adopt it. Speedy diffusion of use rewards the innovator; premature or inadequately rewarded transfer undermines incentives to innovate. The conflict occurs with product innovations, but may not arise with process innovations, whose diffusion is also contrary to the interests of the innovator unless compensated. Factors favoring and hindering technology transfer, and conditions affecting the rate of diffusion of use, are briefly considered.     

于艳茹诉北京大学案的法律评析

"于艳茹案"是我国首个因论文抄袭导致博士学位撤销的行政诉讼案件。撤销于艳茹博士学位决定的合法性,必须结合教育行政法治的基本原理并结合案件事实予以评析。本案中的主要问题有:学位撤销的法律依据;这篇涉嫌抄袭的论文是否构成博士学位撤销的要件;"舞弊作伪"与"抄袭、剽窃"的区分;博士学位撤销的程序合法性;以及当事人权利救济。对抄袭剽窃行为的治理,除司法审查外,还应当建立一种回归知识理性的学术评审规范。     

Bribes vs. bombs: A study in Coasean warfare

Warfare is often thought of as the antithesis of Coasean bargaining over entitlements because armed conflicts consume real resources whose destruction could be avoided by negotiated solutions. We argue that fighting and negotiating are not mutually exclusive methods of resolving disputes between nations—there can often be a useful role for bargaining between a state and agents of its enemy, even when armed conflict has broken out between opposing states. We evaluate the efficacy and normative desirability of selectively substituting “bribes” for “bombs” as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck between opposing forces, a key problem in structuring bribes. We also examine the legal status of bribe agreements, under both international and US law. While the former apparently views bribery as legitimate means of warfare, the latter poses a potentially significant obstacle by refusing on public policy grounds to enforce secret contracts made with foreign agents.