Plagiarism, Academic Norms and the Governance of the Profession

Few would dissent from the view that plagiarism is an academic crime of the worst sort. Attention to the issue has been heightened recently by the growth of websites supplying 'off the peg' or customised research papers. This article argues that the definition and detection of plagiarism involves several complexities and that the resolution of the problem depends less on the development of coercive instruments to deal with the 'crime' than on the development of norms that emerge through reflective pedagogy and processes of academic socialisation.     

Regulation and brand value

Legal context. IP rights are dependent on the public policyconsiderations which provide the justification for their granting.However, when regulation impacts on the exercise of IP rights,there is often a clash of public policy considerations. Key points. This article considers what happens when that clashoccurs, concluding that, in all cases, IP rights will be trumpedby the public policy considerations which underlie the regulation,often with no basis for claiming compensation notwithstandingthe obvious and very real economic impact on the rights owner.Unfortunately, the markets do not always take this risk intoaccount when valuing premium brand companies. Practical significance. This conclusion may have serious implicationsfor premium brand companies, especially in heavily regulatedfields like alcohol, food, pharmaceuticals, and tobacco.     

“De-skilling” the 1891 Censuses in New South Wales and Tasmania

The 1891 censuses taken in New South Wales and Tasmania abandoned the long-established practice of grouping working-class occupations into “skilled” and “unskilled” categories. Instead, they were grouped into “Industrial” categories that did not differentiate between grades or degrees of skill. In this paper the sudden disruption to the preceding practice is explained as an effect of the intersection of two histories: the changing meaning of skill, and the history of scientific method. The paper traces the transformations in meanings of skill from an “artisanal” to an “industrial” form and examines how the two central figures in the construction of the 1891 census — the statisticians T.A Coghlan and R.M Johnston — were enmeshed in that history. Coghlan is usually given the more prominent role in accounts of late nineteenth-century statistics, but in this case Johnston's expertise in using scientific method was instrumental in the “deskilling” of the census.     

The search engine's dilemma: implied licence to crawl and cache?

A German court rules that web publishers who choose not to usewidely available technical protection measures, such as therobot exclusion protocol (robot.txt), grant an implied licenceto search engines to crawl and cache for the purpose of indexingcontent on the internet.     

党加强自身建设适应环境变化的基本经验

中国共产党之所以能从胜利走向胜利,一个重要原因就是能认真分析客观环境的发展变化,加强自身建设,适应环境。     

Politics and Power in the European Convention

The Convention on the future of the European Union has been heralded by many as a unique political setting. So far the process of EU Treaty change was subject to the collision of national political interests in Intergovernmental Conferences. By contrast, the Convention appears to promise a fundamentally open and normatively informed arena. This article probes the validity of this promise by dissecting the political dynamics of the Convention along three dimensions: political behaviour and alliance formation; agenda management; and the norms informing its proceedings.     

Simultaneous and Sequential Anticommons

This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a range of issues raised by the concept of property fragmentation.     

重评斯顿夫的机能心理学

德国著名心理学家斯顿夫提出的机能心理学，是对布伦塔诺意动心理学的继承与推进，在西方人文心理学的思想发展中具有承上启下的作用，由于有关他的文献毁于战火之中，导致他长期以来受到心理学史家的冷 落，本文根据新近发现的资料，重新阐述了斯顿夫机能心理学的理论体系，包括心理学的性质，对象，方法以及心理状态的特征与分类等思想，在基本观点上，斯顿夫的机能心理学与布伦塔诺的意动心理学一脉相承，但在具体内容，前者是后者的发展与超越。     

Duality in Property: Commons and Anticommons

Commons and anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. While commons and anticommons problems are symmetric in this sense, they are associated with asymmetric transaction costs. The paper formulates a hypothesis of legal rules for promoting unity in property and suggests a list of possible areas of application.