Winning by Co-Opeting in Strategic Government-University-Industry R&D Partnerships: The Power of Complex, Dynamic Knowledge Networks

There is increasing consensus among academic scholars, policy makers, and industry practitioners alike that the present and future secret of business survival and prosperity lies in strategic partnering and co-opeting successfully rather than outright competition. This is particularly so in knowledge-intensive, highly complex, and dynamic environments such as all high technology industries (semiconductors, aerospace, software, telecommunications, etc.), where collaborating to compete in knowledge generation and exchange has become so pervasive it is often hard to notice having become the standard modus operandi (from cross-licensing agreements to strategic complementarity in products and services). For example, witness the case of the Microsoft/Intel collaboration or “Wintel” alliance. We propose a dynamic, learning-driven framework which uses the game theoretic perspective, drawing principally from the notion of “co-opetition” (coined by Ray Noorda, former CEO of Novell, and developed by Brandenburger and Nalebuff [1996]), to examine how a knowledge generating and leveraging value-maximizing organization (not just a for-profit firm), should position itself in relation to the range of players with whom the organization interacts (in terms of market relationships, generating and pooling of strategic knowledge assets including intellectual property rights and human capital, and other dimensions) to maximize shareholder value in the long term. Select case studies focusing on government-university-industry strategic partnerships for research and technological development (GUISP RTDs), such as the NSF Engineering Research Centers, provide empirical validation of our concepts and especially on how to architect intelligent organizational interfaces across the spectrum of strategic R&D collaborations.     

律师事务所党建工作模式构造论

律师事务所的党建工作，是新社会组织党建工作的重要组成部分，是党建的崭新领域。正因为新，律师事务所的党建工作（以下简称律所党建工作）并没有可资借鉴的办法和可供参考的模式。但作为“新社会组织”之一，律所党建工作必然有其原则、制度、关系和价值这几个基本特征。对这几个特征进行归纳概括，即可总结出律所党建工作的基本规律，通过去粗存细、去芜存精，即可构建出律所党建工作的基本模式。     

Omnivorous Cultural Policy: The Case of Concerts Norway

This article uses the case of Concerts Norway to analyze how the agency of esthetics is changing and expanding within a cultural policy institution. Concerts Norway has provided concerts to all age groups and all parts of the country for nearly fifty?years. The ambition of the institution has been to ensure that all Norwegian citizens have had access to quality music. The article describes how these cultural policy ambitions entail a general esthetic agency, and how different kinds of musical genres have been given agency through the work of the institution, thereby representing a seemingly omnipotent and increasingly omnivorous cultural policy.     

Fairness in Child Support Assessments: The Views of Non-resident Fathers in Norway

This article investigates the attitudes of non-resident fatherstowards principles for child support payments in Norway. Twoquestions are asked: first, how well do the attitudes of thefathers correspond to those promoted by the political elite?and second, what characteristics of the fathers’ situationinfluence their attitudes? Data are found in a quantitativesurvey carried out in 2001–02. The analysis show thatfathers overwhelmingly support the principle that levels ofcontact should influence the level of child support, and thatneither parent must gain financially from the settlement. Thisis in tune with the intentions of the 2001 Norwegian child supportreform. The factors that most strongly influence attitudes arethe relationship with the mother (friendly or not), and, insome aspects, the time since the break-up. There is a slighttendency towards fathers embracing the arguments that can beused in their specific situation, but this appears to be mediatedby other factors.     

The principle of proportionality in biometrics:Case studies from Norway

The principle of proportionality is a decisive factor in the legal review of biometric systems by the Data Protection Authorities (DPA) in EU member states. However, in the working document on biometrics the Data Protection Working Party gives little guidance on how the purpose and proportionality principle must be applied to biometrics. There remain uncertainties as to the specific criteria and factors that are used for evaluating the proportionality of processing biometric information. This sometimes leads to contradictory decisions by different national DPAs on similar biometric related issues. This paper aims to discuss the legal factors and parameters that are generally adopted to address the proportionality issue in the biometric context. After a brief analysis of the legal notion of the principle of proportionality, the paper analyses and discusses the European organisations’ interpretation of the recent Norwegian cases on biometrics. The paper then concludes with a summary of the interpretation of the proportionality principle within the biometric context and gives specific recommendations of several important factors that need to be taken into account.     

The Changing Structure of Opportunity: Recruitment and Careers in Large Law Firms

Growth and bureaucratization have begun to transform patterns of recruitment and career development in large law firms. Based on a case study of four large Chicago firms, this article examines these changes and their implications. The findings indicate that the social composition of large firms has become substantially more heterogeneous with respect to the status of law school attended, gender, and ethnoreligious background. However, data on lawyers' careers suggest that associates entering firms today face an increasingly bureaucratic organizational context marked by higher levels of turnover, earlier and more intensive specialization, decreased levels of client responsibility, and more frequent assignment to large-scale litigation. The article also addresses the dynamics of individual choice over type of work performed in firms. Lawyers initially working in litigation fields are far more likely to change fields of practice than are lawyers who begin in office practice fields, reflecting the increased tendency for firms to assign new associates to litigation as well as the alienating propensity of large-firm litigation for many associates. Paradoxically, a greater proportion of lawyers in traditionally organized, general service firms than in bureaucratically organized, specialty firms report that their choice of work was dictated by the firm. Also, somewhat surprisingly, the frequency with which firms explicitly direct lawyers into particular fields has not increased from earlier periods. The article concludes that these anomalies result from the fact that firms control the career choices of lawyers, and always have, but that the way such control is exercised varies across firms and historical periods.     

律师党建工作中的问题、原因及对策

律师行业作新社会组织之一,在落实依法治国基本方略、建设社会主义法治国家的过程中发挥着重要作用。新事物也会带来新问题。找准影响和制约律师行业党建工作的问题和原因,加强和改进律师行业党建工作,对于深入贯彻落实科学发展观,坚持律师工作的社会主义方向,充分发挥律师工作职能作用,促进律师行业健康发展,都具有十分重要的意义．．一、当前律师行业党建工作存在的问题     

The Outpost Office: How International Law Firms Approach the China Market

How are international law firms faring in China? Drawing on 2013 data, this article presents the first comprehensive overview of the field, including information about the global mix of players and variation in market niche. Three variables—years present in China, global strategy, and level of localization—help explain why some China practices grow bigger than others. Overall, however, there is a great deal of convergence on one business model: an outpost office with a median size of eleven lawyers responsible for under 5 percent of worldwide revenue. The common experience of stagnation following market entry illustrates the strength of hype, the constraints of partnership, and the persistent power of the Chinese state to shape the legal services market. At the same time, the rarity of market exit reflects perceptions that a China presence is a valuable symbol of global commitment and a worthwhile bet on future growth.     

The Kosovo Case and International Law: Looking for Applicable Theories

The Kosovo problem represents a formidable occasion to re-examinesome basic tenets of international law, such as the so-calledright to humanitarian intervention, the right to self-determinationand the right of recognition. It will be shown here, however,that many proposals suggesting the need of a radical departurefrom traditional positions are ill-conceived. Nonetheless, itis the uniqueness of many facets of the Kosovo problem thatrequires the analyst to look for new solution. It is now upto the International Court of Justice to show the way in a politicallymuch loaded case. In particular, the right to self-determinationshould find a re-interpretation corresponding to the needs ofthe twenty-first century.     

Insider Gang Knowledge: The Case for Non-Police Gang Experts in the Courtroom

Drawing on data from surveys and interviews administered to non-police gang experts, the authors argue that police gang detectives are often erroneous in their definition of gang membership and gang-related crime. Police gang experts often mistake signs of urban youth culture for gang membership and criminal conspiracy. Evidence is presented on the ways in which knowledge about gangs is often determined by the social position of the gang expert. Former gang members and community workers may demonstrate a more nuanced and accurate knowledge of gangs than gang detectives. We see the admission of non-police gang expert testimony to the courtroom as a viable way of countering social perceptions that view aspects of gang membership and racial membership interchangeably and possibly help counter disproportionate prison sentences bestowed upon black and Latino youth.     

Negligence and Human Rights Law: The Case for Separate Development

A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perform similar functions within our legal order and that the norms of human rights law are more fundamental than the norms encapsulated in negligence law. It is also argued that convergence would undermine the coherence of negligence law. Ultimately, the case for separate development rests on the desirability of recognising public law and private law as autonomous normative systems with their own distinctive rationales, concepts and core principles.     

Regulating Law Firms from the Inside: The Role of Compliance Officers for Legal Practice in England and Wales

Following the Legal Services Act 2007, which permitted the delivery of legal services through Alternative Business Structures (ABS), the Solicitors Regulation Authority required all regulated legal service firms to appoint Compliance Officers for Legal Practice (COLPs). COLPs are charged with taking reasonable steps to ensure that firms comply with their obligations, which entails interpreting what outcomes‐focused regulation (OFR) requires of the firm. Yet despite their importance, little is known about how compliance roles operate within legal service firms. We addressed this gap through a series of qualitative interviews that explored COLPs’ views of their roles, their attitudes to regulation, in particular to OFR, and to achieving compliance. We found that COLPs are a key regulatory mechanism in the context of firm‐based regulation and OFR and have a critical role to play in protecting and promoting professional values in both ABS and non‐ABS entities.     

The Non-Subversive Function of European Private Law: The Case of Harmonisation of Family Law

Abstract:  This article challenges the widely diffuse view of family law as peripheral to private law. It aims to the de–marginalisation of family legal issues, by showing their ties to the market realm and freedom of contract. In this theoretical framework, the article analyses the process of family law harmonisation in Europe. In particular, it focuses on three steps or aspects in respect to which the presumed peculiarity of family law is proclaimed and reveals, at the same time, its groundlessness: the status/contract dichotomy as a reflection of the family/market divide which seems to influence future developments of the harmonisation of law in Europe; the presumed political character of family law, which represents the leitmotiv in most recent harmonisation projects; and the subsequent strictly national character of family law, which makes EC institutions much more cautious in intervening in these matters than in any other field of private law.     

律师事务所现代化管理体制的探索与实践——北京市律师事务所管理论坛综述

由北京市律师协会主办的律师事务所管理论坛于2006年10月14日至15日在北京举行。来自司法部、北京市司法局、中华全国律师协会、北京市律师协会的领导出席了会议。本次论坛是北京市律师协会首次针对律师行业的基层组织——律师事务所的发展问题搭建的一个交流平台,200余位来自全国各地的优秀律师事务所管理人员将共同探讨事务所建设。本届论坛的主题具有前瞻性,除了律师行业已经经常谈到的律师事务所文化建设、团队建设、律师事务所专业化发展、分配体制设计外,律师事务所的风险防范体制建设、律师事务所营销策略、律师事务所人力资源管理等…     

Legislative Knowledge Networks,Status Quo Complexity,and the Approval of Law Initiatives

In this article, we explore the role of legislative knowledge networks (LKN) in the enactment of tax policy in Argentina. Findings show that legislative innovation follows a hierarchical (power law) structure with a few distinct issue areas dominated by key enacted bills. Taxation in Argentina is well described by three main issue areas: the VAT laws, the income tax, and the revenue‐sharing legislation. We provide evidence that complexity in the status quo, as described by a larger number of important precedent laws, reduces the likelihood of final approval. Our research departs from existing models of delegation by considering complexity in the status quo rather than complexity in the proposal. We argue that more complex status quo should be accounted for when trying to assess whether legislators draft more or less detailed law initiatives.     

Language and Law in Multiethnic Societies: The Case of Transylvania

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Transylvania is a multiethnic society that was part of the Hungarian legal space for centuries....     

The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

“Spin-In” Technology Transfer for Small R&D Bio-Technology Firms: The Case of Bio-Defense

This study investigates the types of factors which can lead to government acquisition, or the “spin-in” of bio-defense technologies from small bio-technology firms. Empirical findings suggest that for small biotechnology R&D firms desiring to increase “spin-in” technology transfer, there appears to be two distinct and important influence groups—the scientific community within federal agencies, institutes, and centers, and the more managerial, policy-oriented decisions makers. We found that personal communication and networking appear to be the primary factor that leads to a successful technology transfer, however, the form and substance of personal communication and networking will differ between the two influence groups.     

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。