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1.
2.
There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education. 相似文献
3.
G. Robert Blakey 《Trends in Organized Crime》2006,9(4):8-34
In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt
Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The
1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define
“racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate,
try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation
and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set
of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed
by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions.
In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full
panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages.
RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal
behavior.
William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre
Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United
States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat.
922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general
treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin
Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy
Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996). 相似文献
4.
5.
Peter Drahos 《Liverpool Law Review》2007,28(1):11-39
After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of free trade agreements. The paper suggests that the only real win for developing countries has been the Doha Declaration on the TRIPS Agreement and Public Health in 2001. What have been the lessons for developing countries in a decade of negotiations over access to medicines? Drawing on themes of rule complexity and regulatory ritualism the paper discusses four key lessons for developing countries. It concludes by arguing that developing countries will do better if they adopt a networked governance approach to negotiation rather than continuing to rely on traditional coalition formation. 相似文献
6.
This paper explores the multi-layered representations of violence and crime in the recent Hollywood film Gangs of New York [Scorcese (2003) Miramax]. We use our exploration of this film to suggest that popular culture, even through its most mainstream products, can be seen as a critical criminological space where alternative views of law, crime and the state are made available. Rather than understanding Hollywood movies simply as vehicles for disseminating conventional mores, we suggest that they can furnish critical (and complex) points of view on law and crime and that the project of a critical criminology can be strengthened by engaging more forthrightly with these ubiquitous cultural forms. 相似文献
7.
Robert T. Nakamura Thomas W. Church Phillip J. Cooper 《Journal of policy analysis and management》1991,10(2):204-221
New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices. 相似文献
8.
Robert Hyslop Iso 《Australian Journal of Public Administration》1991,50(4):467-475
9.
Fukunari Kimura 《Asia Europe Journal》2003,1(2):197-211
East Asia, including Northeast Asia and Southeast Asia, has developed tightly-linked production/distribution networks through
globalizing corporate activities. The vertical chain of production in East Asia has been even more sophisticated than economic
integration in East Europe or Latin America. However, the political environment of East Asia for trade and investment has
been far from borderless. The integration effort at the policy level has been very much limited so far, due to the historical
background as well as geopolitics surrounding East Asia.
The Asian currency/financial crisis provided these countries a historical turning point. After the burst of the crisis, East
Asians realized that they have to take care of themselves in their difficulties, not depending on outside forces. A natural
choice for them was to step into the realm of regionalism. In 1998, Japan and Korea officially announced that they would discard
the long-lasting GATT/WTO-only approach and adapt the multi-layered approach, including both regionalism and multilateralism.
The ultimate goal of regionalism would be a region-wide integration including ASEAN+3. As a steppingstone, Japan signed the
Japan-Singapore Economic Partnership Agreement (JSEPA) in January 2002. In a parallel move, the ASEAN and China Leaders announced
in November 2001 the establishment of an ASEAN-China Free Trade Area (ACFTA) within 10 years.
This article will follow up the most recent advancement of regional institutional building in East Asia with the emphasis
on peculiar characteristics of economic integration in the region and discuss its implications for Asia-Europe relations.
This paper is heavily drawn from Kimura (2002, 2003). 相似文献
10.
This paper links the policy context regarding S&T parks to the objectives and characteristics of the established parks and
incubators in a relatively small, converging European country. S&T parks and incubators in Greece during the past decade and
a half have gradually shifted in terms of ownership and management from university/research institute to the private sector
and in terms of financing from public to private funds, also involving the provision of seed capital and access to venture
capital. This gradual shift toward more private engagement has created a variety of models out of which, it is hoped, successful
innovative companies will emerge in larger numbers than in the past.
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