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.     

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.      

The Environmental Justice Movement: Equitable Allocation of the Costs and Benefits of Environmental Management Outcomes

We present a review of theoretical and methodological advances in the social scientific literature on environmental inequality/racism and argue for new directions in research efforts that pay more attention to (1) the historical forces driving environmental justice conflicts; (2) the complex role of stakeholders in these struggles; (3) the role of social inequality, particularly the trade-offs between environmental protection and social equity; and (4) the impact of social movement activity on the state of environmental protection. Drawing on a case study of an environmental justice conflict in the United States, we find that environmental inequality impacts many actors with often contradictory and cross-cutting allegiances. These struggles therefore become a moving drama—a process—rather than a cross-sectional outcome. We conclude with an analysis of environmental inequality on a global scale and argue that the role of transnational capital remains largely untheorized in the literature. We suggest new models for explaining environmental inequality's causes and consequences.     

Selectively Incapacitating Frequent Offenders: Costs and Benefits of Various Penal Scenarios

A small number of offenders are responsible for a disproportionate share of total crime. Policy makers have been seeking to reduce crime more efficiently by targeting corrections at these frequent offenders. Thus far, both macro- and micro-level research have yielded mixed results regarding the effects of these kinds of selective policies. The current study uses data from the Netherlands Criminal Career and Life-course Study to estimate the incapacitative effects of alternative selective prison policies. Using the rolling cohorts method, implementations of various penal scenarios differing in selection rate, sentence disparity and selective accuracy are simulated. Results show that it is hard for selective policies to yield a positive societal result: costs of imprisonment typically exceed benefits gained from crimes prevented.

Risks, Costs and Alternatives in EC Environmental Legislation: The Case of 'REACH'

European Community standards of environmental law are commonly framed in terms of the risks of activities to human health and the environment. Under this cover of uni-dimensional concern, considerations of an activity's benefits, regulatory costs and the availability of alternatives play a crucial role in the regulatory practice. The REACH proposal is a first and ambitious attempt to bring these other dimensions to the fore and give them shape. This article analyses this approach, identifies its merits and flaws, and develops a scheme that makes the complex calculus practicable. It is submitted that the scheme is applicable also in other areas of EC environmental law.     

平等规范的审查标准与立法者的裁量余地——以德美两国为例

无论在大陆法系的德国,还是英美法系的美国,平等规范都是司法审查最为借重的依据之一。但是,由于平等规范与其它宪法规范相比更为抽象和空洞,它的具体适用问题也更显复杂。实践中,德美两国各自发展出了完全不同的审查标准去适应“平等”判断的要求。由于立法者的裁量余地是其所共同面对的问题,它构成了贯穿平等规范审查标准理论发展的一条线索,是从理论上澄清平等原则审查标准之原委所不可逾越的部分。因此,有必要从立法者的裁量余地入手,对德美两国的不同审查标准进行比较分析,借助“原则”理论,从立法者裁量余地变化的原因的角度,对审查标准背后的运作机理进行解读。     

保险纠纷样态与法价值因求：以司法归责标准为限度

保险产品的多样化与经营机制并未有机相辅,新《保险法》仍未修订的原则性条款使司法主体在保险诉讼案件中难以掌握具体法律标准,司法裁判的结果不能有效均衡保险争讼双方的权义配置,须在民商法和经济法双重法律范畴内考察保险关系,以保险立法理论和价值理念为进路确立保险纠纷解决的归责标准。     

中国投资协议实体保护标准的自由化和多边化演进

与双边投资协议在全球范围内的爆炸式增长形成鲜明对比,国际投资保护领域的多边协定相对而言谈判进展缓慢并且较少受到关注.亚洲地区最近的多边投资协定,当属《东盟—中国投资协议》及《中日韩三方协定》.本文以中国签订的双边和多边投资协议为研究对象,考察国民待遇、最惠国待遇、公平和公正待遇、全面保护与安全、征收以及资本转移等主要实体保护标准的演进.《东盟—中国投资协议》与《中日韩三方协定》为外国投资者提供的实体保护标准,越发显示出更为自由的保护投资者的立场,这将有利于促进投资、改善投资相关规章制度的透明度、加强投资领域的多边合作,最终推动整个亚太地区的区域投资协定的签署以及投资法律体系的自由化和多边化发展.     

徇私舞弊不移交刑事案件罪的司法认定与立法完善

徇私舞弊不移交刑事案件罪的“行政执法人员”是指在行政机关、法律法规授权的具有管理公共事务职能的组织以及受委托成立的管理公共事务的组织中 ,从事针对外部行政相对人进行外部行政执法的人员 ;“徇私”只是本罪的主观要件 ;作为本罪前提的原案必须事实上确属依法应移交的刑事案件 ,但这并不以法院的最终判决为准 ,只要有证据证明即可 ;因徇私而构成受贿罪时 ,应数罪并罚 ;本罪的罪状和法定刑需要完善。     

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。     

Regulating Science and Technology: The Case of the UK Biotechnology Industry*

This paper considers the current performance and future prospects of the UK biotech industry, particularly the biomedical sector. The central argument is that the performance of the UK biotech industry cannot be understood in isolation from the European system of regulation and, increasingly, the international regulatory environment, and from what is happening elsewhere in the regulation of science – particularly in the U.S. To develop this argument, it adopts as its conceptual framework Kim and von Tunzelmann's network alignment approach following Radosevic. It explores the link between regulatory policies and the biotechnology production system – networks between academic research, biotech firms, and large pharmaceutical companies.     

The Role,Benefits, and Concerns of Digital Technology in the Family Justice System

Digitalization is increasing across family justice systems around the world. What are the benefits? What will be the impact on professional practice and legal representation? What are the concerns for those who may be digitally disadvantaged? How much can justice itself become digital?     

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.     

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.     

Analysing High Technology Diffusion and Public Transference Programs: The Case of the European Game Program

This paper will try to contribute to the understanding of public programs supporting high technology diffusion and transference. The framework utilised will combine the theory of technology and innovation diffusion and the use of value mapping methodology. The article provides empirical evidence on the variables, which contribute to filling some research gaps on the assessment of high tech diffusion programs. For this we have utilised the evaluation of the GAME initiative, part of the European Commission IV Research Framework Programme. The objective of this program was to diffuse microelectronics technology among Spanish firms. Using one hundred set cases and employing multivariable analysis methods it was found that a model could be built with two multivariable constructs to explain and understand technology diffusion, absorption and transference flows. In addition, the model is useful for evaluating technology dissemination using the diffusion model to measure its social impact. The statistical methodology applied, as a complement to value mapping, provides a robustness in the results which is not normally furnished by classical evaluation methods. It also reinforces value mapping as an adequate tool for high tech cases with certain modifications to the original approach. The␣latter is due to the uncertainty of technology disruption curves and change, as well as to the changing conditions in the economies of scale.      

过错认定的标准与规则——以学生伤害事故案件学校过错的司法认定为分析对象

在学理上,过错的认定标准有主观说和客观说之分,两种学说提出了不同的过错认定规则。从本文研究的学生伤害事故案件司法判决看,我国法院对过错的认定,大多数判决采用客观标准,通常采用两步认定规则：先判断行为人是否有注意义务以及注意的程度,再判断行为人是否实际履行了该注意义务。采用主观标准的判决,过错认定的标准及规则,是行为人对致害行为或者损害结果有无预见或是否应当预见以及所持的态度。     

头发中检验海洛因代谢物应用于吸毒时间的推断

运用气／质联用-选择离子（GC／MS－SIM）技术对吸食或注射海洛因嫌疑人的头发进行分段分析，根据各段头发中是否检出6-单乙酰吗啡和吗啡，并结合头发的生长速度对吸毒时间作出大致推断。该方法专一性较好，检出下限0．5ng／mg，能够推断出剪取吸毒嫌疑人头发前几个月或某一个时期内是否经常性服用海洛因。     

The detection of 6-monoacetylmorphine in urine, serum and hair by GC/MS and RIA

6-Monoacetylmorphine (6-MAM) is a good indicator for the intake of heroin and can be detected in blood, urine and hair of heroin users. A new radioimmunoassay (RIA) designed specifically for 6-monoacetylmorphine (6-MAM) was tested for its usefulness for the quantitation of the drug in urine, serum and hair. Its cross-reactivity with heroin and its metabolites, and related compounds was also determined. Eighty-nine hair, six serum and 25 urine samples where 6-MAM had been previously identified by GC/MS were analysed for 6-MAM with the new RIA kit. A good correlation existed between the GC/MS and RIA results for the hair samples. However, the amount of 6-MAM found in serum and urine differed considerably between the two methods. This difference could be explained by the cross-reactivity of the antibody with morphine and morphine-6-glucuronide, which are present in much larger amounts in serum and urine, than in hair. To evaluate a new rationalisation procedure, some hair samples were split into two portions after incubation. One part was analyzed for 6-MAM by RIA, and the other portion by GC/MS.     

Complex Suicide by Self‐stabbing and Drowning: A Case Report and a Review of Literature

Sharp force injuries and drowning are methods exceptionally combined in complex suicides. We report a challenging case of complex suicide by self‐stabbing and drowning that illustrates the difficulty in discriminating between homicide and suicide in such circumstances of death. The corpse of a young man was found submerged in a river, stabbed nine times with two wounds that had penetrated the thorax and had caused lung injuries and a hemopneumothorax. The postmortem and histological examinations were consistent with a death caused by drowning, but the manner of death still remained undetermined. Police investigation finally concluded to a suicide, although no suicide note had been left and the victim had no underlying diagnosed mental disorder. The parameters that may help distinguish suicide from homicide at the autopsy should be interpreted in light of a thorough forensic investigation to determine the exact manner of death in such a case.