Informal university technology transfer: a comparison between the United States and Germany

Existing literature has confined university technology transfer almost exclusively to formal mechanisms, like patents, licenses or royalty agreements. Relatively little is known about informal technology transfer that is based upon interactions between university scientists and industry personnel. Moreover, most studies are limited to the United States, where the Bayh-Dole Act has shaped the institutional environment since 1980. In this paper, we provide a comparative study between the United States and Germany where the equivalent of the Bayh-Dole Act has come into force only in 2002. Based on a sample of more than 800 university scientists, our results show similar relationships for the United States and Germany. Faculty quality which is however based on patent applications rather than publications serves as a major predictor for informal technology transfer activities. Hence, unless universities change their incentives (e.g., patenting as one criterion for promotion and tenure) knowledge will continue to flow out the backdoor.     

乞讨权在美国确立的过程

引言由孙志刚事件、《城市生活无着流浪乞讨人员救助管理办法》颁布实施、各地禁止乞讨规范出台所引发的关于乞讨权、乃至生存权的探讨曾经是媒体和学术界的一个共同热点。但近年来,这一话题不仅渐渐淡出媒体的视线,而且,也逐渐远离学者们的关注。〔1〕然而,如何对乞讨者以及乞     

美国行政执行法律制度

美国的行政执行制度有着迥异于其他国家尤其是大陆法系国家的理解而具有更为宽泛的内涵。该制度的有效实施决定了美国行政机构两大行政职能———制定规则和行政裁决的充分实现。     

美、德、日实施宪法公共利益条款之比较研究

公共利益问题是各国宪法普遍关注的问题.早在200多年前,美国就将公共使用条款写入宪法修正案,德国、日本也分别在各自的宪法中规定了公共福利和公共福祉等内容.宪政理论与实践证明,公共利益条款的实施并非单纯的法治过程,它总是与本国具体的社会经济制度相联.由于美、德、日三国的市场经济体制存在一定差异性,因而,这些国家关于宪法公共利益条款的实施情况也不尽相同.研究发达国家公共利益条款运行的宪政模式,对于我国实践宪法公共利益原则具有一定的借鉴意义.     

论美国的警察紧急权理论

警察通常需要承担刑事执法和行政管理两项职责,警察在履行上述两项职责的过程中都可能面对各种紧急情况.在应对紧急情况的过程中,警察可以行使紧急权力,警察的紧急权与公民的宪法权利密切相关,因此,对于警察紧急权的考察,不可避免地涉及宪法与紧急权的关系问题.美国学者对宪法与紧急状态的关系进行了深入地讨论,基于美国学者对宪法与紧急权的研究,可以认识到宪法与紧急权之间存在的紧张关系.美国法院对于警察紧急权问题给予了相当的重视,并将警察紧急权区分为刑事执法紧急权与行政管理紧急权.美国法院已经对警察的刑事执法紧急权形成了较为科学地认识,不过,对于警察的行政管理紧急权的性质和运作原则,仍然需要进一步予以明确.     

Exploring the Variation in Drug Selling Among Adolescents in the United States

Purpose

Numerous studies have found that young people who sell drugs are more likely to be involved in risky behaviors than those who do not sell drugs. There has been relatively little research, however, that has explored heterogeneity among young people who sell drugs.

Methods

Using a pooled sample of 12 to 17 year olds from the National Study on Drug Use and Health who report past-year drug selling (N = 3,080) this study employs latent profile analysis and multinomial logistic regression to specify latent groups and assess the correlates of group membership.

Results

Findings indicate substantial differences among young drug dealers. In particular, the analysis found three groups of drug dealers: dabblers, delinquents, and externalizers. These groups significantly differed on demographic, substance use, behavioral, and psychosocial characteristics.

Conclusions

Results indicate that the vast majority of dealers use alcohol, tobacco, and marijuana. Findings also lend support to the idea that person-context intersections are critical for understanding drug selling. Specifically, psychological, family, peer, and economic context are associated with differences among our groups of young drug dealers and interventions need to focus on these factors in seeking to disrupt drug dealing behavior among young people.     

国际法院与联合国核心人权公约的实施

联合国核心人权公约的实施不仅包括联合国人权条约机构在国际层面的监督及公约缔约国在国内层面的遵守,还包括促进公约实施的其他机制。国际法院在其所受理的案件中曾屡次涉及核心人权公约的解释和适用问题,本文旨在分析国际法院在促进核心人权公约实施方面做出的贡献和受到的限制,人权公约实施相关案件对国际法院自身裁判活动造成的影响,以及国际法院与其他人权公约实施监督机构的关系。     

美国与德国法院体制之比较

美国与德国都是联邦制国家也是奉行宪法至上的国家 ,两国的法院体制都必须适应这一特点。比较两国的法院体制的基本特征 ,分析这些特征产生的原因并进而探讨法院在维护联邦制中的作用。     

Professionalism and accountability. Controlling health services in the United States and West Germany

This paper examines the new Professional Standards Review Organizations (PSROs) program in light of a similar program ("Economic Monitoring") that has been used in West Germany for over forty years. In the first section the PSRO program is described as government-mandated peer review by professional organizations, and is compared with that of the West Germany system. The second section argues that the PSROs are likely to strengthen the organization of established medicine, to increase the bargaining power of professional organizations, and to further insulate professional behavior from public scrutiny. The third section describes some of the effects of bureaucratic rigidities in peer review on the practice of medicine: the preservation of old technologies, the development of fixed patterns of practice, and the strengthening of the technical and interventionist biases in medical care. The final section evaluates the PSRO program as a complete delegation of congressional authority and a failure of Congress to set any rules for the development and application of norms and standards. The lack of any mechanism for accountability of the PSROs to public and choices is emphasized.     

Social rationalization of living and housework in Germany and the United States in the 1920s

Because the idea of economic rationalization found its strongest promoters in the US and Germany during the 1920s, it makes sense to compare the two countries and to ask how the idea of economic rationalization was transferred into other areas of society, such as the private sphere of families and their homes. The article draws comparisons in a number of different areas, such as housing policy, the education of taste, domestic cleanliness, and the structure of reformers' ideas. In both countries special associations and journals were founded to instruct housewives, and reformers idealized a “classic” family pattern that centered on individual households with gender division of labor but fewer children. The social rationalization of people's daily lives in both countries was not an easily accomplished process, nor was it carried out sucessfully in all the areas targeted by reformers.     

Comparison of the criminal statistics of the United States and the Federal Republic of Germany

A systematic procedure for comparing the criminal statistics of the United States and the Federal Republic of Germany is presented. The procedure was developed after (1) reviewing and translating applicable paragraphs of the Federal Republic of Germany's Penal Code and (2) reviewing both the formal and informal processes used in both countries for recording crime statistics. Subsequently, a detailed comparison of criminal statistics was made using this comparative procedure.     

Physicians' conflicts of interest in Japan and the United States: lessons for the United States

Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy.     

解读美国专利法“不正当行为”理论的适用

美国专利法中不正当行为理论要求专利申请人在专利申请的过程中履行诚信披露义务,否则将承担专利无效或不可执行的严重后果。该理论的适用旨在提高专利申请质量和保障公共利益。由于目前尚无对不正当行为成立要件的统一标准,法院在适用该理论时形成了多元化解释。多年来,不正当行为理论对鼓励申请人履行诚信义务起到了积极的作用。但随着该理论的扩张适用,其弊端也逐渐显现出来。