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.      

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.

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.     

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。     

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。     

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。     

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.     

民事诉讼上的非法证据排除:理论学说与认定标准

民事诉讼中的当事人因系平等的私权主体,在调查收集证据上往往不可能动用强有力的公共资源.除了在证明标准上有较低度的要求以外,为了缓和举证上的压力,有关法律仅在有限范围内采用否定性的表达方式,以尽可能在更为广阔领域范围内承认证据在法律上的合法性,以便尽可能限缩证据排除规则的适用范围.在民事诉讼证据的合法性及其排除规则的应用...     

同案同判下司法技术与情理的平衡

同案同判旨在通过指导案例和类案检索制度促进法律统一适用,从而树立司法公信力。同案同判表示着司法技术化趋势,而司法技术化是中国近代以来愈加推崇的形式理性及其所引领的市场经济、科技发展的必然结果。同案同判一方面保证了法律的确定性与司法的形式正义,另一方面却因法律适用过程中的技术化操作牺牲了部分个案的实质正义。既然同案同判的最终目的是向社会树立司法公正价值,那么就必须兼顾社会公正观。当代社会的主流公正观是在法治前提下追求情理法兼容。这是法律儒家化的结果,符合中华文明的和谐平衡观,是传统司法的首要原则。司法技术化与传统情理法的冲突,深层次是中西文化、传统与现代的冲突。近代以来,中国对技术过度迷信,导致司法公正与民众公正观的间隙扩大。这需以情理法兼容的传统予以调和,使司法不仅仅是科学的法律知识与程序之学,更是兼顾伦理观的司法技艺。司法技术只能作为解决当前司法适用不统一的过渡与辅助手段,长远来看,需通过拓展法官的综合知识与培育伦理素质以正确适用、阐释法律。     

Destination Based Indirect Taxation: The Case of Bosnia and Herzegovina

Development of a strategy to foster strong economic growth was seen by the international community as a key aspect to nation building and sustaining the end of the armed conflict in Bosnia and Herzegovina. Tax policy was a key aspect of the strategy, but the very decentralized institutional arrangements and limited cooperation between the governments complicated the design. This paper reviews and assesses the indirect tax structure that has been the focus of the first five years. Among the findings are the importance associated with creating destination-based revenue attribution, the strong tendencies for tax competition, the unwillingness to accept formula-based revenue distribution, and the high administrative and compliance costs that result from structuring a system to achieve all of the necessary goals in a decentralized government context.     

“规范汉字”的法律意义——从“赵C”姓名权案到《现代汉语词典》第6版事件的法学联想

语言不仅是交流的工具,而且是文化身份的标志.语言规划立法,既有促进交流的目的,也担当着身份象征和文化传承的使命,应该综合这两方面的考虑,来理解语言规划立法所具有的特殊意义.我国公民享有姓名决定权,但仍应受到《国家通用语言文字法》和《居民身份证法》的限制,即公民居民身份证上的姓名必须使用规范汉字.因为我国目前在汉语词汇构成方面未有强制性标准,所以,《现代汉语词典》第6版收录“西文字母开头的词语”做法并没有“违法”.但是,面对字母词的使用现实及其可能引发的后果,我国确实应该尽快制定汉语词汇构成的国家标准,以明确西文缩略语的性质和词典编纂的规范要求.     

The role of cognitive distortions in paedophilic offending: Internet and contact offenders compared

Abstract

Cognitive distortions are held to contribute to sexual offending against children in a number of theoretical explanations of such crimes. However, not only is there little or no direct evidence in support of the centrality of cognitive distortions in offending but recent research has questioned whether the concept has explanatory power. Cognitive distortions are variously seen as necessary for the offender to offend against children, as post-offending justifications for the offence, or as reflecting distorted patterns in the offender's upbringing. This paper explores the role of cognitive distortions in sex offending by comparing the distortions of contact sex offenders against children with Internet child pornography offenders without contact offences against children. A new cognitive distortions questionnaire was developed which was suitable for administration to Internet offenders who had no contact offences against children as well as being suitable for contact offenders. It was found that some cognitive distortions are frequently agreed with by sex offenders against children whereas others were seldom or never agreed with. Little support was found for earlier typological approaches to the cognitive schema of sex offenders against children. Contrary to the expectation that contact offenders would have more cognitive distortions, it was found that Internet offenders had more cognitive distortions that children are sexual beings. Furthermore, there were no differences in cognitive distortions justifying the offence. However, offenders with a previous history of offending were more likely to admit to cognitive distortions which justify their offending. It is accepted that cognitive distortions are readily recognized in interviews with sex offenders against children. Nevertheless, it is argued that there is a need for new research to stimulate a new understanding of the nature and role of cognitive distortions in sex offending.     

Fighting Windmills: The Coalition of Industrialists and Environmentalists in the Climate Change Issue

This paper extends the political economy idea developed by Ackerman and Hassler [Clean Coal/Dirty Air, or How the Clean Air Act became a Multibillion-Dollar Bail-out for High Sulfur Coal Producers and What Should Be Done About It. New Haven: Yale University Press], which suggested that a coalition of environmentalists and industrialists successfully lobbied the US Congress. More strict technology-based standards for new emitting sources than for existing sources was the resulting policy outcome serving the common interest of the coalition because it offered both a barrier to entry for new firms and improved environmental quality. We focus on the case of international climate negotiations and the promotion of wind-based energy. Along the lines of the Ackerman and Hassler approach, we suggest that one reason for EU eagerness to push forward ambitious reduction target levels (and thereby promote new green industries) could be a similar coalition between industrialists and environmentalists. Such a strategy can be seen in the context of the Bootleggers and Baptist theory developed by Yandle [Bootleggers and Baptists: the Education of a Regulatory Economist, Regulation, 7, 12–16], where the Baptists (in our case the environmentalists) demand changes in behaviour on moral grounds. In contrast, the Bootleggers (the producers of renewable energy), who profit from the very regulation, keep a low profile. The actual heavy subsidisation of renewable energy sources, such as wind energy, can be viewed as a successful policy outcome for the coalition of industrialists and environmentalists offering both market protection and improved environmental quality. Solving the current dead-lock in international climate negotiations may well imply fighting the strong coalition of industrialists and environmentalists. Such a political battle may turn out to be just as tough as fighting windmills and needs to be addressed in future and more rigorous empirical research. At the end of the day, transparent incentives of relevant stakeholders in the climate change issue are necessary preconditions for progress in the climate change negotiations.JEL Classification: Q28,H2, H4