Private Law and Public Stakes in European Integration: the Case of Property

Abstract:  In European legal discourse, the old public/private divide is experiencing a revival and a transformation. Member States used to claim autonomy in private law matters. Now private law is subsumed into a functionalist logic and can presumptively be harmonised if so demanded by the goal of market integration. States or local constituencies can only resist harmonisation by highlighting the connection between their private laws and those 'public' matters still immune from Europeanisation. Property law can effectively illustrate this phenomenon. The written pledge of non-interference with States' property systems, restated both in the TEC and in the draft Constitution, cannot be taken at face value, given the plethora of supra-national inroads into this field. But it performs the essential rhetorical function of reassuring national law makers that Europe will pay special attention to sovereign choices when harmonising those areas of private law which, like property, harbour an obvious core of constitutional values.     

事业单位员工养老保险转移与接续的问题及立法思考

事业单位员工养老保险转移与接续机制的缺失是我国目前经济发展中遇到的一个突出问题。本文从社会保险价值的基础和功能入手,分析了我国事业单位员工养老保险转移与接续的立法现状、存在的问题及原因,在借鉴国内外立法经验的基础上,结合我国实际,提出了提高立法层次形成全国统一法律法规;将事业单位员工养老保险金纳入全国统筹;设置统一的管理机构;建立高效的转移与接续协作机制;制订统一标准、实现标准化管理的立法建议。     

疑案·存案·结案——从春阿氏案看清代疑案了结技术

清末春阿氏杀夫案在司法档案和纪实小说中有着不同版本。刑部、法部和大理院轮番审理,未能查出事实真相。大理院迫于结案的压力,以存案的方式了结了该案。判决书内容含混,而处理疑案的技艺则甚为高超。以疑案及其结案技术为切入点,重新审视并评价皇权下的司法实况,可以观察到司法现实复杂而生动的本来面目。     

Technology Competitiveness in Emerging Markets: The Case of the Brazilian Polymer Industry

The Brazilian polymer industry (plastics, rubbers, fibers, adhesives, paints, and varnishes) is the fastest growing segment of the Petrochemical Chain. Since the polymer industry is characterized as science based, the capacity to create technology is vital for its long-range survival in the market. This paper analyzes how Brazilian polymer firms maintain their technological competitiveness, explains the main modes of technology transfer, and evaluates the degree of technological dependence of this industry. The methodology consisted of a database built with data from the Brazilian Patent Office. To confirm the findings, interviews were conducted with staff members from seven Brazilian polymer firms. The data base analysis and the interviews reveal that, in spite of the fact that Research and Development (R&D) and technological innovation have a fundamental role in their competitiveness, the firms are technologically dependent upon foreign suppliers.     

Success Factors for Transferring Technology to Spin-off Applications: the Case of The Technology Property Rights Concession Program in Korea

This paper is a study of 127 firms participating in Korea's Technology Property Rights Concession Program, a program designed to stimulate technology transfer related to spin-off applications of public technology. The purpose is to identify the determinants of transfer success. The findings indicate that successful firms were motivated by the ability to access a core technology free of charge and to solve technical problems currently encountered in technology development. Second, the targeted technology was highly reliable. Third, interest in commercial success of the transfer was very high among the researchers involved in the transfer process and these researchers had a high degree of prior understanding about industrial problems on the part of participating firms. Relatedly, there was a very high satisfaction with the communication that existed between lab researchers and their industrial partners in the transfer process. Fourth, lab contributions to the transfer process were very high in the pre-commercial and commercial stages of technology development.     

The Role of University Spinout Companies in an Emerging Technology: The Case of Nanotechnology

This study examines the role of university spin-out (USO) companies in the emergence of a new technology, in our case nanotechnology. Three unique data-sets based on patents, co-publications, and firm data pertaining to the unfolding field of nanotechnology in the UK were developed. Subsequent analysis suggests that USOs play an important though not a dominant role. Furthermore, the results indicate that USOs in certain subfields of nanotechnology do not have a strong and growing proprietary technology base, raising questions about the commercial sustainability of these ventures. Overall, we observed that USOs are important contributors to technological change in specific subfields of nanotechnology, but that other actors, notably, large firms and (non-university affiliated) new technology-based firms are even more significant agents of technological change.     

International Norm Diffusion and Organised Crime Policy: The Case of Greece

The premise of this paper is that a section of the Greek policy-making elite responsible for formulating policy against organised crime has taken advantage of an internationally-developed programme of action on this issue to strengthen perceptions of the Greek state's legitimacy amongst both domestic and foreign audiences. Although positive reaction to foreign pressure for policy change has tended to be made at the risk of losing further legitimacy in the eyes of domestic public opinion, in this case the issue of organised crime has presented an opportunity to the policy-making elite to develop policy that also aims to bolster the domestic legitimacy of the state by dealing with criminality and presenting the state as a clean and neutral body acting for the common public good.     

资源互享 战略双赢——论借调优秀民警担任公安院校指导员举措的意义

建立选拔优秀民警借调公安院校担任指导员的长效机制,可以使公安院校长期拥有一支年轻的、富有战斗力的指导员队伍,有助于加强学校与基层公安机关在人才的交流、培养等方面的联系与合作,能使培养的学生更贴近公安实际,从源头上提高公安民警的素质,增强公安队伍的战斗力,能促进学校的学管乃至其他各项工作,提高学校的总体办学质量和办学效益,有利于被借调民警提高组织管理能力,更新公安业务知识,对于推动公安教育训练的理论创新与制度创新,不断提高公安教育训练工作的质量和效益,具有极为深远的意义。     

Capturing the Regional Economic Benefits of University Technology Transfer: A Case Study

Despite a high concentration of brainpower and federally funded research, some universities have been unable to translate these assets into regionally based economic activity. The author uses an ethnographic method interviewing university officials and academic entrepreneurs in New York City, which has a relatively poor record of local start-up creation. The author finds that universities that view the primary objective of technology transfer as a revenue generator for their institutions generate fewer spin-offs than those that incorporate a local economic development component. Internal advocacy and faculty interest, however, can affect university behavior. The author also finds that academic entrepreneurs with a pre-existing affiliation with the licensing institution are more likely to locate in the area than outsiders utilizing the technology. Entrepreneurs exhibit a distinct locational calculus based on a range of variables including real estate costs, founders’ preference and the geographical proximity of key firm relationships.      

略论高科技对电影文化的影响

进入90年代以来，以数字化为代表的电影艺术的技术性革命对电影化产生至关重要的影响。电影本体、电影机制、影像的美学意义、电影接受心理等理论课题都必须放置在崭新的技术语境中讨论才有意义。面对日新月异的数字化技术的迅速发展，我们既要考虑到以数字化技术为代表的科技发展对电影的促进作用，又要清醒地认识到高科技对电影艺术的负面影响，从而完成电影化对物质化的整合和超越。     

低碳技术推广与专利保护的博弈——谈低碳技术专利权人应对技术推广压力的策略

随着人类工业化的推进,环境破坏问题日益严重.为了实现可持续性发展,加大环境保护力度、大力实施低碳技术已成为全球性趋势,推广应用低碳技术已成为全人类的迫切需求.目前,包括强制许可在内的低碳技术强制推广措施已见诸于众多国际条约和国内法律法规中,对于低碳技术专利权人来说,其专利权背后的经济利益面临着前所未有的威胁.如何在现有知识产权制度框架下,既符合全球低碳技术推广的要求,又能够保障自己的经济利益,对于低碳技术专利权人来说是急需解决的问题.在这一问题上,低碳技术专利权人必须主动出击,将其技术转化到实践中去.同时平衡技术推广与专利权利的保护,从而避免强制性措施对其经济利益造成冲击.     

Accountability, Control and Independence: The Case of European Agencies

This article points at two problematic assumptions made in some of the contemporary European agency literature. It proposes a conceptual framework, integrating accountability, autonomy and control, and aims to demonstrate how this type of conceptualisation contributes to clarifying problematic aspects of the current European agency debate. Empirical evidence from interviews with high-level practitioners is provided to illustrate the relevance of the proposed framework. The empirical information reveals that, at times, the de facto level of autonomy displayed by some European agencies is below the autonomy provided by the formal legal rules as a result of ongoing controls exercised by one (or other) of the principals. The repercussions that flow from these empirical insights for the agency debate in general, as well as for our understanding of agency accountability, will be discussed at length.     

Regional Technological Differences: The Case of Southern European Union

This paper examines the spatial spillover effects and the productivity rate of patents in southern European Union. It provides a systematic analysis of the relationship between productivity of patents and the factors that generate economically useful new technological knowledge. An applied spatial econometric framework is employed since this approach is particularly useful in the study of the spatial patterns of patents productivity, at the lowest possible levels of spatial aggregation.     

Denationalization and the Very Idea of Democratic Constitutionalism: The Case of the European Community

Within the current debates about Euro‐constitutionalism, the conventional options are either to defend a vision of the European Union (EU) which separates global economic law from national sovereignty, and thus relies on the legitimizing powers of free markets, or to regard the legitimation problem (at least under current conditions) as beyond solution: This view argues that any further progress towards an ever closer Union would inevitably increase the legitimation deficit and that therefore the capacity for political action of the nation state should be protected or restored. This paper seeks to break the stranglehold of the, as is argued, false dichotomy (global markets vs. national democracy), and it argues that an extension of democracy beyond the nation state is possible.     

高科技产业的垄断问题研究

分析高新技术产业中的垄断双重性,探讨技术创新法律体系下的反垄断立法。     

公共服务均等化视角下科技惠农政策执行实效及提升对策

本文通过对湖南省C镇进行的实地调查发现,在公共服务均等化视角下,科技惠农政策执行取得了执行满意度较高、政策关注度较高、为农民解决了一些实际问题等成绩,但仍然存在着政策的公共服务性有待增强、政策的公共服务性宣传有待加强、政策执行人员的公共服务素质有待提高、政策执行激励监督机制有待完善等问题.对此,应采取提高科学性和熟知度、加强队伍建设、完善激励监督机制等措施提升科技惠农政策执行的实效.     

Public Reason,Science and Faith: The Case of Intelligent Design

Law and Philosophy - This article considers the justification of laws to religious citizens. It does via a consideration of the debate surround the teaching of Intelligent Design. It argues that...     

Cultural Cognition and Public Policy: The Case of Outpatient Commitment Laws

What explains controversy over outpatient commitment laws (OCLs), which authorize courts to order persons with mental illness to accept outpatient treatment? We hypothesized that attitudes toward OCLs reflect “cultural cognition” (DiMaggio, P. Annl Rev Sociol 23:263–287, 1997), which motivates individuals to conform their beliefs about policy-relevant facts to their cultural values. In a study involving a diverse sample of Americans (N = 1,496), we found that individuals who are hierarchical and communitarian tend to support OCLs, while those who are egalitarian and individualistic tend to oppose them. These relationships, moreover, fit the cultural cognition hypothesis: that is, rather than directly influencing OCL support, cultural values, mediated by affect, shaped individuals’ perceptions of how effectively OCLs promote public health and safety. We discuss the implications for informed public deliberation over OCLs.     

Dismantling or Strengthening Labour Law: The Case of the European Court of Justice

Abstract: The European Court of Justice is increasingly accused of dismantling labour law. The unusually sharp criticism is mainly motivated by four determining, though concealed reasons. First, the fact that many decisions address conflicts familiar to national law which are however largely repressed in the national context; second, the crisis of the national labour markets and the ensuing attempts to fence them off from the consequences of advancing integration; third, the inconsistent policies of a Union caught between the prevailing orientation towards a distinctly economic Community and the demands of a slowly progressing political Union; and fourth, the Union's difficulties to meet its own claims. As a result, the Court of Justice is more and more distracted from its judicial role and forced into a regulatory function. Hence, it is important to recall that a consistent integration process inevitably requires abandoning national regulations and creating a growing body of common rules intended to realise the common objectives. Further, the Union must more than ever attempt to correct its structural deficiencies and lay down fundamental rights, both in order to give direction to its regulatory interventions, and to limit them. Finally, the time has come for a clear specialisation of the European Court of Justice itself, as well as a systematic review of the conditions governing preliminary rulings, in order to avoid any further instrumen-talisation of the Court for the solution ofinternal conflicts of the Member States.