Buying stolen goods: the ambiguity in trading consumer-to-consumer

This study investigates the buying of stolen goods in Denmark. The study consists of a self-report survey based on a representative sample of the general Danish population (n = 2311) and six focus group interviews consisting of both informants experienced with buying stolen goods and of those with no experience (n = 37). The survey showed that 4.8% had bought stolen goods, while 15.7% were uncertain whether they had bought stolen goods. Young people, males, and unemployed were more likely to purchase stolen goods. No clear correlation between income and buying stolen goods was found. Focus groups suggest the buyers of stolen goods did not buy stolen goods because they could not afford legitimate products. We recommend targeting consumers not interested in buying stolen goods with information about how to avoid such activity.     

“知假买假”的理论阐释与法律适用

在借鉴赌博罪构成要件的基础上,根据“知假买假”者的主观目的与客观行为,可以将其区分为消费者与非消费者.前者适用消费者权益保护规范,但并不意味着其一定能获得惩罚性赔偿;后者应适用合同规范与行政奖励制度,逐步实现从职业打假人转变为职业举报人.《民通意见》第68条存在将“欺诈”混淆为“欺诈行为”之嫌,这一定程度上造成了《消法》第55条适用的理论争议与裁判不一,也使得部门规章、地方法规与司法解释之间产生了龃龉.但即便将《消法》第55条所称的“欺诈行为”限于经营者单方行为,消费者获得惩罚性赔偿仍然需要以经营者存在瑕疵担保责任为基础.“知假买假”获赔所涉及的法律规范可分为基础性规范、构成性规范与判断性规范三种类型,不同规范在“知假买假”获赔中起着不同作用.     

Closing the Gaps: Plaintiffs in Pivotal Sexual Harassment Cases

When he wrote Debtors in Court almost 30 years ago, Herbert Jacob laid the foundation for the legal mobilization research that has flourished in recent years. In arguing that litigants were political actors, Jacob showed that their social identities and Communications networks influenced their decisions to use the power of the law to vindicate their interests. This paper builds on Jacob's original insights to analyze the origins of the claim for sexual harassment as a Title VII violation. By focusing on the women who filed those claims, the paper examines the interaction of class, gender, and race that created social distance between the women and their harassers and employers. This distance made informal resolution of their disputes impossible, requiring the intervention of third parties. In addition, their Communications networks led them to attorneys able to generate and expand the new claim for sexual harassment. This analysis of a particular moment in legal history reveals the potential political significance of private litigation.     

Closing the Organ Gap: A Reciprocity-Based Social Contract Approach

Organ transplantation has become a proven, cost-effective lifesaving treatment, but its promise is contingent on the number of available organs. The growing gap between the demand and supply results in unnecessary loss and diminished quality of life as well as high costs for surviving patients and health insurers. Twenty years after the enactment of the National Organ Transplantation Act, it is time to rethink the moral basis and overall design of organ transplantation policy. We propose a national plan for organ transplantation insurance under which the federal government would assume responsibility for increasing the organ supply and would cover all costs associated with transplantation for patients not otherwise covered.     

Closing Off Opportunities for Crime: An Evaluation of Alley-Gating

A new situational crime prevention measure recently introduced into Great Britain involves the fitting of gates to alleyways running along the back of terraced properties to restrict access to local residents and reduce opportunities for offenders. A number of quantitative techniques were used to assess the success of the intervention in reducing burglary in the City of Liverpool. The results demonstrate that, relative to a suitable comparison area, burglary was reduced by approximately 37%, there was a diffusion of benefit to properties in the surrounding areas, and the scheme was cost beneficial with a saving of £1.86 for every pound spent. The analyses provide persuasive evidence that these reductions were attributable to the intervention. We argue that the methodological techniques demonstrated here can be applied more widely to crime prevention evaluations.     

Privatisations in Spain: Process, Policies and Goals

This paper analyses the privatisation process carried out in Spain through the period 1985–1998. Firstly, an updated overview of the magnitude of the process is presented, paying also attention to the legal background, the economic features of the privatised firms, and the ways and procedures. And secondly, the paper provides a critical assessment of the objectives that the successive governments have actually pursued through privatisations; so, we attempt to verify to which extent privatisations carried out could be related to the usual explanatory hypotheses based in the property rights theory. As a result it is argued here that the main goals actually pursued by Spanish governments (given the features of the privatised firms) do not fit well with such hypotheses.     

Spain: government orders distribution of clean needles in prisons

In a previous issue of the Review we published an article about the positive results of the evaluation of the first needle exchange programs in Spanish prisons. Recently it was reported that Spain's Ministry of the Interior has ordered that sterile needles be distributed in prisons.     

中国养女西班牙被杀始末

2013年9月14日,西班牙多家主流媒体披露了北部拉克鲁尼亚省一名12岁中国养女死亡的消息,消息不但在西班牙引起舆论广泛关注,华文媒体以及中国驻西班牙大使馆也极为关注案件的发展。当警方向媒体宣布,这个被列为一级杀人嫌疑犯的不是别人正是被害人的西班牙养母时,舆论再次哗然,媒体纷纷议论,到底是什么仇恨非得将一个年仅12岁的养女置于死地?     

西班牙：蛇告农夫的官司

日前笔者接到西班牙法院的一个开庭通知,说是请媒体记者前去旁听—场西班牙人和中国人打官司的案子。     

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     

Closing the distance between academia and market: experimentation and user entrepreneurial processes

We inductively examine how exceptional Principal Investigators (PIs), who are active in biotechnology, medical devices, and nanotechnology, affect new technology trajectories and shape market boundaries by leveraging synergies stemming from their being simultaneously a scientist and a (lead) user. Our central contribution is the scientist-user template that explores how these types of PIs perform successfully their technology transfer task and, consequently, address increasing expectations about PIs as agents of economic and societal development. Building upon five illustrative case histories, we propose that scientist-user PIs exhibit superior capabilities in turning generic technology into several selected market applications, with no negative effects on their academic role. Overall, we develop a holistic view of synergies stemming from the scientist and user sides and offer insights into academic entrepreneurship and research project management.