The product-liability-insurance issue in university licensing agreements

As universities become more involved with industry through research and license agreements, and with the change of character of product liability, particularly its becoming a potentially catastrophic event, universities are taking a hard look at product-liability insurance. A brief survey shows universities in three distinct groups in their handling of the issue in their licensing agreements. State schools feel protected and do not generally consider it essential, foundations are more cautious, and private universities are very concerned and require it except in specific cases. Some approaches to the problem are proposed. Previously he was head of the Chemistry Department at Simon Boliver University and director of a university-based industrial research institute. Bertha has also been a research chemist at Dupont Corp. He has a Ph.D. in inorganic chemistry form Florida State University.     

南通市卫生行政许可现状与思考

本文深入阐述了南通市卫生行政许可的现状,剖析了卫生行政许可存在的问题及产生的原因,并对如何适应新一轮审批制度改革,提出了创新性的举措,以及依法开展许可工作做了思考。     

Occupational licensing and minorities

The costs of occupational licensing fall disproportionately on minorities and the poor. Licensing seeks to eliminate the lower-quality, lower-price services that low-income consumers would be more likely to select. Perhaps more important, however, is the impact on workers who are denied entry into the occupation. Recent evidence confirms that licensing regulations esclude less-educated and minority workers more than proportionally. The consequences for these excluded workers include unemployment or lower earnings—either by moving to a less-favored occupation or practicing without a license. The outcomes ofnonprofessional trades regulated by licensing are similar to those predicted by segmented labor market theory. Those who fail to obtain the credential (license) are denied access to the trade even if they are no less productive.     

The regulation of dental licensing: the dark ages?

Current state laws regulating the licensure of dentists place severe restrictions upon the freedom of movement of practitioners. Most state laws were enacted during a period when a strong rationale for regulating public health and welfare existed. Today, these laws hamper the free movement of dentists and are anachronisms in an era of national standards and practices. The authors contend that the extant laws rest upon outdated assumptions and serve economic and protectionist goals rather than public health and safety. This Article examines the history and application of the traditional justifications for state licensure and their present ramifications. The authors suggest that replacing the current regulatory system with a national clinical examination and a national licensure program will best serve the interests of the public and the dental profession.     

我国执业资格考试制度的评价与完善——以行政许可为视角

执业资格考试是国家对从事特定行业的相对人实施管理的一种重要的事前控制手段,通过考试的相对人获得从事某种特定行业的资格,是选拔人才的一种有效手段.目前,我国执业资格考试存在的主要问题表现为:一是各类考试名目繁多,重点不突出;二是同一类型的考试由多个部门组织,各部门之间对资格证书互不认可;三是执业资格考试本身重分数、轻能力现象比较严重.本文认为,应针对以上问题统一立法,坚持必要的考试,从加强考试组织者之间的协调等方面来完善我国的执业资格考试.     

Medico-legal issues and driver licensing

Legal liability of doctors as a result of decisions regarding the fitness to drive of their patients, and the issue of mandatory reporting have emerged as major concerns following several recent cases in Australia. Driver Licensing Authorities rely on medical advice from the professions in order to exercise their statutory responsibility to ensure the competency and safety of their licence holders. The question of whether doctors must disclose medical information regarding potentially dangerous drivers is a controversial one as is the issue of whether doctors can be held legally responsible for decisions based on their advice. This column discusses the current situation in Australia in the light of these concerns and the implications for Licensing Authorities if information is not readily available to them.     

Occupational licensing and the quality of service

This paper gathers, presents, and evaluates current state of economic research concerning the interconnection between occupational licensing (and other occupational) restrictions and quality of service. It considers empirical evidence on the effect of licensing on quality of service delivered; uses a simple model to examine the distinction between this type of quality and the more crucial aspect, quality received; and summarizes the empirical evidence on quality received.     

The effectiveness of psychological profiles

Although psychological profiling of unknown offenders is becoming a popular media topic, there has been little research on the effectiveness of these profiles. In this study, surveys were sent to 95 police departments in the United States, asking participants to indicate if they use psychological profiles to solve crimes. The survey also asked whether the profile was helpful, and in what sense it was helpful. The results from this sample indicate that profiles are used mainly in cases of rape and homicide, and that police officers view profiles as an effective tool to guide interrogations of a suspect and to guide the criminal investigation but not necessarily to identify the suspect.     

Rethinking governmental licensing of higher education institutions

In many countries around the world, governmental authorities control the market entry of new providers of higher educational services. By means of ex-ante licensing in the higher education sector, government ensures that students are only confronted with academic programs and institutions that at least meet certain minimum quality standards. This quality-assuring intervention by government may be taken for granted. From an economic viewpoint, however, it seems worthwhile to scrutinize the regulatory status quo. In order to rethink existing licensing arrangements’ raison d’être, the present paper addresses the question whether governmental market entry control in the higher education industry is necessary at all.

Logic,licensing and public relations

This article focuses on the need to move past First Amendment concerns to foster a meaningful debate about the licensing of public relations practitioners. Whether, and to what extent, public relations should be licensed is not the subject of this discussion. Instead, this article uses Aristotelian logic to dispute the spurious conclusion that any licensing scheme for public relations work and / or the individuals who perform it is unconstitutional on its face. Relying on First Amendment jurisprudence, the article demonstrates that some restraints on speech in the form of licensing are allowed, that not all public relations work involves protected speech or press, that there is a similarity to the constitutionally permitted licensing of certain speech‐related professions and that a hypothetical case can be constructed regarding those who could qualify as licensed public relations counsel. The article concludes that the First Amendment does not necessarily prevent licensing certain public relations practitioners.     

On the joint use of licensing and liability

Licensing is a widely used technique applied to impose regulations. Firms inducing harm must hold a license issued by a regulatory agency on a case-by-case basis. A firm may also be subject to liability. This paper studies the implications on social welfare of combining licensing with strict liability. Contributions include the study of a joint use and related administrative costs. The latter include costs pertaining to litigation and the issuing and enforcing of licenses. It is established when a joint use is motivated. Regulatory compliance should protect from liability in order to decrease litigation and enforcement costs and associated distortions.     

The effectiveness of UN environmental institutions

This is a study of the effectiveness of key UN institutions focussing on environment and sustainable development: the global conferences on development and the environment, the CSD and UNEP, primarily its co-ordinating functions. According to the indicators used to measure effectiveness here, it is concluded that the overall effectiveness of these institutions is quite low. This particularly applies to the CSD. UNEP has been quite effective in creating new institutions but has been less effective in co-ordinating them. As to the global conferences, their significance has been reduced over time.

The effectiveness of international environmental agreements

Many argue that international environmental agreements (IEAs) can alter states’ cost-benefit analyses by providing crucial information about the costs of environmental degradation. Thereby, IEAs may help to effectively curb environmental pollution. However, previous attempts to empirically measure institutional effectiveness found it difficult to provide credible estimates because they have missed to produce convincing counterfactuals. This study empirically estimates the effectiveness of one prominent example of an international environmental institution, the Long Range Transboundary Air Pollution agreement (LRTAP). It sets forth a transparent identification strategy in light of latest advancements in the causal inference literature and presents evidence for the non-effectiveness of the LRTAP in changing member states’ behavior in terms of anthropogenic emissions of two substances (NO _x and SO₂). By deriving and illustrating the use of difference-in- differences (DID) design in the context of IEAs, this study provides a general methodological tool kit to drawing causal inferences about the effectiveness of international environmental institutions.     

The effect of occupational licensing deregulation on migrants in the German skilled crafts sector

Occupational licensing on the national level reduces labor market prospects of individuals with a low likelihood of fulfilling the licensing requirements. Such regulation has the potential to adversely affect the labor market integration of foreign-born citizens and can be an obstacle to the free movement of labor toward its most productive uses. Before the backdrop of increased levels of migration into Germany, and the discussion about harmonizing labor standards in Europe, this paper empirically examines the effects of the deregulation of occupational licensing in the German crafts sector on the proportion of migrants working in this sector. The results suggest that the deregulation has increased the proportion of migrants among self-employed as well as employed craftsmen in the fully deregulated trades.     

An introduction to protecting and licensing technology

Research institutions such as federal laboratories spend billions of dollars annually to develop new technologies. Recently there has been an overwhelming trend to encourage the licensing of these technologies to private industry. Without proper protection, they will be neither marketable nor licensable, as they could fall within the public domain, for free and unrestrained use. Few options effectively protect new technologies; these options are referred to as intellectual property.This article introduces basic concepts of intellectual property, with a special emphasis on patents. It considers intellectual property management and its influence on government and business.     

Managing commercial risks in open source software licensing

Legal context: The article reviews the commercial risk allocation clauses intypical open source licence terms and discusses their enforceabilityand implications. Key points: The enforceability of warranty disclaimers and limitation ofliability clauses in common open source licence terms is questionable,particularly in a cross-border context, and commercial licensorsshould take additional steps to protect themselves from down-streamrisks. Practical significance: Open source software presents a number of unusual commercialissues, because it is available free of charge and the providerstry to disclaim warranties and liabilities. End users and resellershave to adjust their own in- and out-licensing models to accommodatethis situation.