The impact of foreign and state ownership on post-transition industrial concentration: the case of Polish manufacturing

This paper reports an analysis of the determinants of the level and changes in Polish industrial concentration in the early post-transition era. In particular, the relative effects of foreign and state ownership are examined. The empirical evidence is based on a panel of 144 Polish manufacturing industries over the period 1989–1993. The results suggest that both state and foreign ownership have a significant impact on industry concentration and this relationship is U-shaped. Minimum efficient scale is found to be the only other factor to impact on industry concentration.     

Why we need the independent sector: the behavior, law, and ethics of not-for-profit hospitals

Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American Hospital industry, using eleven years of data for all urban general hospitals in the country, shows that corporate form accounts for large differences in the provision of specific medical services. Not-for-profit hospitals systematically provide both private and public goods that are in the public interest, and that other forms fail to provide. Two hypotheses are proposed to account for the findings, one legal and one moral. While no causal claims are made, not-for-profit hospital behavior is consistent with the behavior required by law and morality. The moral argument, developed as a preliminary theory of not-for-profit ethics, also provides a potential reason to prefer not-for-profit hospitals. The findings provide a new justification for the not-for-profit tax exemption for hospitals, and also suggest new uses for ownership categories as regulatory tools.     

盗窃罪保护法益的理论嬗变与司法抉择——新修正的所有权说之提倡

关于财产罪保护法益究竟采取所有权说还是占有说,在德日刑法以及我国刑法理论之中均存在较大争议。就一般情形而言,无论采取所有权说或者占有说,对案件的定性并不存在分歧,但是在特定案件中对定罪量刑具有实质性影响。立足于我国刑法的相关规定以及司法解释的立场,对盗窃罪保护法益应当提倡"新修正的所有权说"。对于司法实践中发生的所有权人擅自处置被公权力机关依法扣押、查封的财物,擅自取回处于他人合法占有之下的财物以及以非法手段侵害他人占有的违禁品、赃物的案件,在"新修正的所有权说"指导下均能得出妥当且统一的结论。     

Water Regulation and Pre-payment Meters

This paper provides a study of the use of law to invoke and protect the interests of poorest consumers of the privatized water industry. It focuses upon the introduction of pre-payment devices by water companies and the legal action taken to prevent their use. The context for the study lies in the privatization of the water industry in 1989, one of the last major acts in a decade in which the transfer of public enterprises into private ownership had become one of the self-proclaimed 'flagship' policies of successive Conservative governments. The claims which surrounded the application of the policy to water were familiar: private ownership produced efficiency, effective management, and attentiveness to customers' needs. Essentially, the sale of public assets created benefits for everyone. This article finds the claim to be false. It considers the social engineering role of law in attempting to protect the interests of poorest consumers, highlighting the resources — individual, community, and political — which required mobilization in order to give effect to potential remedies. It concludes by suggesting that not only is access to the law differentiated by power and resources, but that compliance with it is also mediated by the same inequalities.     

Conjoint analysis of R&D contract agreements for industry-funded university research

Since the late nineteenth century, universities have been regarded as useful sources of technological development to stimulate economic activity. Therefore, many governments have encouraged research collaborations between universities and industries. A consequence of such collaboration in Korea, however, is that university researchers have difficulty claiming ownership of their technological developments. Typical contracts used in academia in Korea have biased benefits for industries. Research and development contract agreements that decrease negotiation efforts between the sectors of academia and industry are essential to increase the efficiency of industry-academia collaborations. In order to determine an optimal contract design, we use conjoint analysis of four attributes, including policies of ownership and compensation, indemnity responsibility, patent application and maintenance fees, and publication restrictions. The resulting preferences take into account the perspectives of both industry and academia. We expect our approach to contribute to increasingly healthy collaborations between industry and academia, which in turn will benefit industrial competition as well as the Korean economy.     

PATTERNS OF LEGAL FIREARMS OWNERSHIP: A Cultural and Situational Analysis of Illinois Counties

Using county level data for the state of Illinois, we constructed a path analytic model predicting legal gun ownership for men. women, and minors. We consider the interplay between situational and cultural variables in determining legal ownership. Two patterns of firearms ownership are identified: (1) gun ownership among women as a response to high rales of violent crime and (2) a sporting culture. Neither pattern has strong relations to urban-rural differences amoung counties. Legal gun ownership is not necessarily related to a violent subculture. Ownership may be part of, a response to, or totally unrelated to a subculture of violence.     

数据权属的逻辑结构与赋权边界--基于“公地悲剧”和“反公地悲剧”的视角

前互联网时代的既有数据确权立法无法有效映射信息时代对于数据权利的实质性诉求,现有学术研究亦对新型数据权属的阐释和论证力有不逮,数据确权已成为数字化转型亟待解决的基础性理论研究问题。数据权属体系的构建,应遵循数据产生及其市场运作的底层逻辑,以实现数据产业健康可持续发展、维护数据权益相关方利益平衡为目标,将数据权属赋权于在数据生成与利用中处于核心驱动地位方为准则,避免数据权利内容及界限过于模糊、笼统,以此缓解激励数据生产与降低个体隐私权侵害风险之间的内在张力,形成个人用户、平台企业、政府国家之间对于数据权属的内容和边界的合理界分,构建社会公众、网络平台、政府国家数据治理"共建共治共享"的格局。     

Foreign ownership and firm scope in India

We examine how foreign ownership influences the extent to which firms engage in outsourcing. We observe a significant and positive relationship between the extent of foreign ownership and the level of internal sourcing for the firms. Second, when foreign owners have at least 51% ownership versus where foreign ownership is less than 51% we observe dramatic differences in outsourcing levels. Also we find that for firms with controlling foreign ownership undertaking in-house activities, the motivation to keep their property rights as inviolate as possible when their capability contributions within the Indian economy are large and significant is intense. For firms considering locating in India a strategy of internalization of activities in India is central towards retaining their competitive advantage.     

Ownership structure, regulation and the market for corporate control in the EU banking sector

This paper analyzes the efficiency of shareholder control and hostile takeovers as corporate governance mechanisms in the EU banking sector against the background of the existing corporate governance regulations and different ownership structures of banks in the EU. The results indicate the there is trade-off in EU corporate governance regulation between better investor protection and a higher efficiency of the market for corporate control. The main problem is differences in the ownership structure of banks in the EU banking sector. This implies that EU corporate governance regulations should be customized to the specific ownership structure of banks and not toward harmonising national regulations.     

Do Publicly Traded Firms Price Differently from Private Firms?

This article analyzes whether publicly traded firms price differentlyfrom privately held firms in the product markets. Our empiricalevidence shows that, in the U.S. newspaper industry, firms increasetheir prices when their ownership structure changes from privateto public. The effects are robust and significant. A plausibleexplanation is that private owners enjoy more freedom than publicmanagers to expand circulation and distort content, pursuingthe consumption of nonpecuniary benefits of control. Additionalevidence is consistent with this interpretation. Public newspapersshow lower prices when insiders' ownership participation ishigher. Moreover, private newspapers appear more likely thanpublic newspapers to endorse a candidate during presidentialcampaigns. To my knowledge there are no previous studies comparingpricing by private and public companies.     

GENDER,FEAR, AND PROTECTIVE HANDGUN OWNERSHIP*

Nonrecursive models which have been used to assess the potentially reciprocal relationship between fear of crime and handgun ownership may suffer on two accounts: (a) the use of “weak” instrumental variables: and (b) the measurement of household (versus personal) handgun ownership. Data from the 1980 NORC General Social Survey are used in this study to minimize these problems in examining the relationships among fear of crime, victimization, and protective handgun ownership among males and females. Significant effects of fear and victimization on personal gun ownership are found among men but not among women. These results are discussed in light of two concerns. First, earlier research is confirmed that finds gender differences in the factors influencing gun ownership. Second, a clear need is emphasized for further research addressing questions of both conceptualization and measurement in the study of fear of crime and its effects on protective handgun ownership.     

土地所有权立法之反思：透过历史的映照

土地所有权的制度功能在于对封建土地制度的颠覆,在于重建土地权利的个人化、稳定化和自由化。即使像英国那样,不采纳所有权的制度话语,而通过虚化国家所有权和强化土地保有权即土地使用权的方式,同样可以达到确立个人所有权的效果。我国土地权利立法应该在借鉴英美法系的基础上,将使用权而不是所有权作为基础物权。     

FEAR OF CRIME AND HANDGUN OWNERSHIP

The levels of handgun ownership and the fear of criminal victimization Abstract are both considered social problems in American society. The present study attempted to test for causal effects among these and several other variables through the use of a nonrecursive simultaneous equation model to analyze data for 1,818 men. The results indicated that handgun ownership had the effect of reducing the fear of crime while fear had no statistically signficant effect on handgun ownership. These variables, in turn were influenced by religious membership, region, income, size of place of residence, political orientation, and age. The Findings do not support claims that the fear of crime motivates increased handgun ownership but do confirm arguments that in the contemporary United States. Handgun ownership provides some men with a sense of personal security.     

Against the one-way-street: analyzing knowledge transfer from industry to science

Knowledge flows from industry to science have mostly been neglected by empirical studies. This work aims at contributing to this issue by analyzing differences in the factors that influence the probability of knowledge transfer within industry and from industry to science in the biotechnology sector. In order to model these knowledge flows we conduct a citation analysis on the basis of patent data. We then estimate a weighted bivariate probit model on the citation probability of industry and science on the basis of a combined sample of citing and cited patent pairs and an equal number of control patent pairs. The empirical results suggest that there are considerable differences in the citation probability. Cultural closeness for instance has a positive effect on the citation probability from industry to industry while the citation probability of scientific institutions is not affected by cultural distance.     

所有权主体在民法中的归依——对以所有制为基础的所有权形式的重新设计

先要澄清物权主体与所有权主体的概念范畴,依据我国立法,物权主体与所有权主体在外延上不是一致的,法人在我国可以成为他物权主体,但不能成为所有权主体。这种状况造成逻辑上的混乱。另外要澄清私人与自然人的概念,私人这个词不是严格的法律概念,因为它的内涵虽然意为“私”,但是“私”与“公”的比较从来是相对的,有一定参照前提的,法人中的成员相对于法人是“私”,法人是“公”;而法人相对与国家是“私”,所以用私人所有权取代自然人所有权不科学。应该根据民法的民事主体制度,打破原来的所有权“三分法”,建立新“三分法”。     

分时度假法律模式之研究

在不同的分时度假法律模式中,买受人拥有的对标的物的权利可能不同,它可以是各种所有权、各种他物权或债权等。在遵循一物之上有且只有一个无期物权即所有权的国家或地区,针对某模式的分时度假,若创设一种有期限限制的所有权,可能造成该所有权与他物权没有实质区别;若创设一种新的他物权,则可既达到相同的效果,又可以避免该问题。基于不同模式下分时度假所共同具有的特征,许多规则是可以普遍适用的。     

Intellectual property issues in joint ventures and collaborations

Legal context: The IP issues involved in forming, operating, and (inevitably)terminating a joint venture or collaboration are much more numerousthan would typically apply to a straightforward investment inan organic growth, or on a merger or acquisition. The pitfallsare also more insidious. Key points: The author approaches the topic within the commercial context,discussing the commercial rationale behind joint ventures andcollaborations and the life cycle of a joint venture or collaboration. The article explores the four key stages of a joint ventureor collaboration: (1) pre-contract stage: confidentiality andtrade secrets; due diligence; structural considerations; (2)formation stage: assignment and licensing of existing rights;the terms of transfer; valuation of IP contributions; (3) durationstage: future contribution of existing and future backgroundrights; ownership and exploitation of foreground rights; maintenanceand protection of rights; and (4) termination stage: providingfor both unexpected and expected events. The article also provides advice as to avoiding the pitfallsof joint ownership: understanding the differences between jurisdictions;potential problems; and avoiding the banana skins. Practical significance: Joint ventures and collaborations are widely used across a rangeof industry sectors, but particularly high-tech sectors, suchas pharma/bio, information technology, and communications, inwhich IP rights are particularly important. Parties consistently cite the loss of background IP rights asa major risk in joint venture collaborations, and dealing withIP that is generated in the course of a joint venture or collaborationcan also present particular problems, particularly if it isto be used or owned jointly by more than one party.     

“小产权房”面临的法律难题及其破解

"小产权房"是我国近年来出现的社会现象,然而其在建设及交易过程中面临着诸多法律上的难题。这些难题表明我国集体土地所有权被虚置,建设用地使用权流转机制亦不健全。要破解这些法律难题,应当赋予农村集体建设用地使用权以完全用益物权效力,构建城乡平等的建设用地使用权流转制度;创新集体土地所有权和使用权主体制度,确保所有权权能的实现;完善土地征收制度,禁止为"商业利益"而征收;构建科学的城乡土地利用规划制度,同时政府应当让利于民。     

国家所有权的基本理论和立法结构探讨

国家所有权在权利性质、权能设置、行使方式、法律保护等方面与传统民法上的所有权存在重大差别,已脱离传统物权和所有权的理论构成和立法结构。依公物法的理论看,《物权法》中规定的国有财产可类型化为国有自然资源、国有公共用财产及国有营运资产等,它们分别具有国有公物或国有私物的属性。国家所有权具有私权和公权的二重性,受私法和公法共同调整,是一种特殊的混合法律关系。国家所有权制度的建构应当超越私法的传统界域。我国未来民法典应设置财产权总则,将国家所有权作为一项重要的财产权专章或专节加以规定。