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1.
In this paper we show that the patenting behavior of innovators is correlated with the patenting behavior of their fathers. Our argument for exploring this relationship stems from established theories of entrepreneurial behavior, specifically theories on intergenerational behavior. Our empirical analyses are based on survey data collected from MIT’s Technology Review (TR) winners.  相似文献   

2.
This paper examines how patent protection in a technology recipient country affects international technology transfer. A theory suggests that the effect of stronger patent protection on technology transfer is negative if the binding constraint is the imitation profitability and positive if it is the incentive for the licensor to undertake technology transfer. We evaluate these implications by examining the variations of the structure of licensing contracts across countries, based on a newly collected database of licensing contracts by Japanese firms. Our major findings are the following. First, the incidence of know-how licensing, either in the pure or in the bundled form, relative to that of pure patent licensing, declines significantly with the level of foreign patent protection. This indicates a limited role of patents for facilitating know-how licensing. Secondly, the probability and the strength of ownership control by a licensor declines with the level of patent protection, indicating a positive effect of stronger patent protection in expanding the scope of the recipients of technology transfer.
Sadao NagaokaEmail:
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3.
Using data collected from 615 middle- and high-school students in rural and urban areas in China, this study examines how different parenting styles such as warmth, coercion, monitoring, and permissiveness affect children’s delinquent behavior, both directly and indirectly through bonds with conventional others (i.e., parents, school, and peers) and affiliation with delinquent peers. The results show that only parental coercion has a direct effect on delinquency. All parenting styles, except for parental monitoring, affect delinquency indirectly through mediating processes of social control and social learning in predicted directions. Despite different pathways to delinquency, variables of social control and social learning play an important role in mediating the relationship between parenting and delinquency. The implications of the results are discussed.  相似文献   

4.
Based on survey data of 348 lawyers in Fujian, this study empirically tests how lawyers' political embeddedness (i.e., lawyers' bureaucratic, instrumental, and/or affective ties to the courts and prosecutors) has impacted upon their defense practices in criminal trials and their pursuit of liberal values. Our data reveal that politically embedded lawyers report more (not fewer) difficulties in practice (e.g., in requesting witness testimony in court, requesting new evidence, and requesting new evaluations and investigations of the case). Clients are more satisfied with representation by politically non-embedded lawyers than lawyers who are embedded. Using statistical evidence, this paper analyzes potential reasons and draws out the implications.  相似文献   

5.
Intimate partner abuse is a major problem. This is especially true when there are children present. In attempt to stop the cycle of abuse, it is of critical importance to understand the impact children have on the relationships and the decision-making process of those involved. This research is part of a larger project examining the help-seeking behaviors of victims of intimate partner abuse. Face-to-face interviews were conducted with 26 victims of intimate partner abuse who eventually sought services. This paper reports on how children affect the decision of their parent to either seek services while in an abusive situation or to postpone seeking services. This study focuses on 19 of those respondents with children. Both quantitative and qualitative data analyses were conducted. This paper utilizes part of the qualitative data relating to the import of children in the decision-making process. Analysis reveals that for all respondents, children were important to their decision-making process. Several themes related to children were identified, including those who identified leaving the situation and seeking services because of their children and those who postponed seeking services because of their children. Implications for prevention and intervention in cases of intimate partner abuse will be discussed.  相似文献   

6.
The Journal of Technology Transfer - A growing stream of the academic literature has investigated the factors that hamper the participation of women researchers in patenting and commercialization...  相似文献   

7.
This study aimed to explore the mental health needs of women residing in domestic violence shelters; more specifically, we aimed to identify commonalities and differences among their mental health needs. For this purpose, qualitative and quantitative data was collected from 35 women from a Midwestern domestic violence shelter. Hierarchical clustering was applied to quantitative data, and the analysis indicated a three-cluster solution. Data from the qualitative analysis also supported the differentiation of women into three distinct groups, which were interpreted as: (A) ready to change, (B) focused on negative symptoms, and (C) focused on feelings of guilt and self-blame.  相似文献   

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Psychological injury evidence is at the heart of many civil claims. Due to the recent burgeoning of sexual harassment and assault claims which predominantly involve psychological distress, it is especially important to understand how jurors process this evidence at the most basic (or schema) level, and how these preconceived notions influence processing of trial evidence and subsequent legal judgments. As a result, the present paper explores rarely addressed—but fundamental—issues regarding how jurors perceive psychological injury evidence. Specifically, do jurors have psychological injury schemas? And if so, what injuries do these schemas contain, how stable are they, how are they evaluated, and how do they affect jurors’ case perceptions and legal decisions? A review of relevant theory and empirical research reveals that jurors have psychological injury schemas, but they are often poorly developed and susceptible to the influence of prompts used to retrieve these schemas (e.g., questions posed by attorneys during voir dire, the actual injuries adduced by the plaintiff). Also interesting is that despite the relative importance of psychological injury evidence, tremendous gaps remain regarding what actual types of psychological injuries jurors believe typically result in civil cases, how stable these injury schemas are, and precisely how they affect jurors’ decisions. This paper addresses these important issues to help organize and direct future research on the subject, including proposing a model for how psychological injury schemas interact with jurors’ perceptions of the plaintiff’s alleged injuries to affect their legal decisions.  相似文献   

10.

Two ideas concerning the link between bullying in school and violence on the streets are investigated. (1) Bullying and victimization in school is a product of the school situation and people's inability to choose their levels of exposure to others. According to this hypothesis, bullying is largely a phenomenon that is isolated to the school context. (II) Bullying behaviour in school and inflicting damage to others outside school is a reflection of a more general aggressive behaviour pattern and, hence, bullying in school and violence on the streets will, to a great extent, involve the same individuals. The literature offers suggestions that either could be the case. Participants were 2915 14-year-olds in a medium-sized county in Sweden who responded to a self-report questionnaire.Theresults showed that bullying others in school was strongly linked to violent behaviour and weapon-carrying on the streets, both among boys and girls. It was also found that bullying others in school was related to being violently victimized on the streets. The findings remained the same when statistically controlling for loitering and nights spent away from home, which were both related to bullying behaviour. It is concluded that bullying behaviour in school is in many cases a part of a more general violent and aggressive behaviour pattern and that preventive efforts targeting individuals with bullying behaviour in school could, according to the present study, decrease violence among adolescents out in the community as well.  相似文献   

11.
Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.
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Buga  Irina 《荷兰国际法评论》2022,69(2):241-270

Conflicts between treaty and customary norms are endemic to international law and are increasingly frequent. Yet there is nothing automatic or mechanical about interpreting and resolving such conflicts, which require a high degree of contextual sensitivity. Their identification and interpretation test the limits of the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, particularly where treaty modifications by subsequent customary law are concerned. This article endeavours to sketch how the latter phenomenon occurs, and the interpretative and evidentiary challenges involved—many of which remain underexplored. The analysis begins with the identification and interpretation of newly emerged customary norms, before delving into the process of determining their treaty-modifying potential. This involves the side-by-side interpretation of the pre-existing treaty and the customary norm to assess whether there is a genuine incompatibility that cannot be resolved through harmonious interpretation. The final inductive step is to ascertain the parties’ consent to displace the treaty norm in favour of the customary norm, subject to certain crucial requirements. Against the backdrop of the organic and continuous interplay between treaties and customary international law, these interpretative and evidentiary steps serve to ensure that the parties’ intention remains paramount.

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ABSTRACT

Despite the increasing amount of research on human trafficking, certain aspects of the phenomenon have remained less studied. For many years, research had focused on trafficking for sexual exploitation and men-exploiting-women cases. Recently, the body of literature has become more diverse, and different forms of trafficking have been recognised. However, the trafficking research has largely ignored the notion of intersectionality, although intersectionality has been applied in several studies, for example, on domestic violence. This article deals with the relationships between offenders and trafficked persons. The study asks what is the nature of the relationships between them. Furthermore, the intersectional approach is applied to analyse what factors make trafficked persons prone to exploitation and, on the other hand, keep them in the exploitative situation. The study also focuses on the power relations between the parties involved. The data consists of trafficking in human beings court judgments from the Finnish courts. The intersectional analysis focuses particularly on the close reading of two cases. The analysis shows that many intersecting factors are linked to the victimisation of trafficked persons. Furthermore, the exploitative relationships between offenders and trafficked persons display many features of unequal distribution of power.  相似文献   

16.
Drawing on theories of European integration and governance and sociological studies on the influence of elite law firms on rule-setting, this paper shows that law firms (a) operate in the area of data protection that is of extreme complexity and requires expert knowledge; and (b) display characteristics similar to other actors who succeeded in influencing agenda-setting and the results of policy-making despite having no formal competence to do so. This article proposes a hypothesis of the influence of elite law firms in EU data protection rule-setting. It argues that the EU data protection sector is prone to such influence as it is by definition transnational and, at some technical and some core points, inadequate to reflect the real data processing practices and therefore is entrenched with uncertainty. Therefore, the research into politics of data protection in Europe cannot disregard the role of these actors in shaping the European data protection regime.  相似文献   

17.
This study examined whether depression and social support mediated the relationship between intimate partner violence (IPV) and parenting practices. Participants were 1,057 female primary caregiver-young adolescent pairs. (Sample included greater than 90?% biological mothers; hereafter, female primary caregivers are referred to as mother.) Findings indicated that IPV was associated positively with mothers’ use of physical punishment and negatively with mothers’ involvement in their children’s education. Although depression and social support were not found to mediate the relationship between IPV and parenting practices, study findings suggest that IPV directly and negatively impacted mothers’ parenting practices. In sum, findings point to the important role that IPV may play in explaining parenting practices for mothers living in high-risk urban environments.  相似文献   

18.
Although the Sixth Amendment of the constitution guarantees assistance of counsel to indigent criminal defendants, questions exist about the quality of this representation. Critics assert that ‘you get what you pay for’ and that public defenders are less effective than privately retained counsel regarding criminal justice outcomes. Some research, however, reveals that public defenders are as effective as privately retained counsel because of their working relationships with prosecutors and judges, the so-called courtroom workgroup. The current study tested the assertion that ‘you get what you pay for’ by examining the effect of type of counsel (public defenders versus private attorneys) on four different case processing outcomes for a large mid-western jurisdiction. Results generally show that type of counsel has no significant direct effect. Tests for interaction, however, suggest that for some defendants, type of counsel interacts with other key variables to influence certain outcomes.  相似文献   

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20.
Criminal behavior of parents substantially affects the criminal behavior of children. Little is known, however, about how crime is transmitted from one generation to the next. In order to test two possible explanations against each other, we pose the question whether the timing of the criminal acts of fathers is important for children’s chances of committing crime. Static theories predict that it is the number of delinquent acts performed by fathers that is important, and that the particular timing does not affect the child’s chance of committing crime. Dynamic theories state that the timing is important, and children have a greater chance of committing crime in the period after fathers have committed delinquent acts. Results show that the total number of convictions of a father is indeed very important, but also the exact timing is key to understanding intergenerational transmission of crime. In the year a father is convicted the chance his child is also convicted increases substantially and it decays in subsequent years. This decay takes longer the more crimes father has committed. Our results show that some of the assumptions of the static theories at least need to be adjusted.  相似文献   

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