Decoding Divergence in Software Regulation: Paradigms,Power Structures,and Institutions in the United States and the European Union

Both in the United States and the European Union, patent policy instruments in information and communication technologies are contested. Although current reform proposals would lead to a uniform patent eligibility for computer programs in both economic spheres, such an outcome is rather unlikely. In a theoretic perspective, contrasting policies in one of the most important technology sectors challenge the expectation of converging regulative regimes. In a view to reveal the structural causes for the persisting divergence, it is argued that incompatible underlying paradigms, differentiated patterns of power structure, and unsynchronized institutional arrangements may resist even strong pressures to harmonize regulative practices. The interaction between these elements will be addressed and discussed as a perspective to define restraints on the scope of convergence theories.     

BEYOND THE BELL CURVE: COMMUNITY DISADVANTAGE AND THE EXPLANATION OF BLACK‐WHITE DIFFERENCES IN ADOLESCENT VIOLENCE*

Disproportionate involvement in violent behavior among African American, versus white, adolescents is a major arena of debate in the social sciences. The individual difference approach draws attention to verbal ability as an explanation of black‐white differences in violence. Sociological theories stress variation in community and family socioeconomic disadvantage. We contrast these causal images of racial differences in serious violence using the National Longitudinal Survey of Adolescent Health and contextual modeling. Results indicate that verbal ability has an indirect effect on violence through school achievement, but does not account for the greater involvement in violence among black adolescents. The analysis is most consistent with a sociological model that views the race‐violence link as a spurious outcome of community context.     

DISTINCTIVE CHARACTERISTICS OF ASSAULTS MOTIVATED BY BIAS*

This research examines the ways in which assaults motivated by bias are similar to and different from other types of assault. Analyses are based on data from the National Incident Based Reporting System (NIBRS), pooled across eleven states. We find evidence suggesting that offenders motivated by racial and ethnic bias are more likely to be versatile offenders than specialists: they are more (not less) likely to be using drugs and alcohol during the crime than conventional offenders. Bias offenders are also more likely to seriously injure the victim. Finally, we find that the risks of bias crime victimization (relative to the risk of assault victimization generally) are similar for blacks and other racial minorities.     

RACE AND GENDER EFFECTS ON FEAR OF CRIME: AN INTERACTIVE MODEL WITH AGE*

While the literature on fear of crime is not wholly consistent, results generally indicate that blacks, women, and the elderly are the groups most fearful. In those instances where race, gender, and age have been simultaneously taken into account, studies have generally assumed that the relationships are additive. However, the gerontological literature suggests that age ofen interacts with other status characteristics in producing quality of life differences. Multiple regression techniques are used on survey data from eight Chicago neighborhoods to assess whether or not the effects of age, race, and gender on fear of crime are interactive. Findings indicate that significant interactions are present, and the relevance of these findings are discussed in terms of actual and perceived risks of victimization and of subcultural interpretations of crime and fear of crime.     

Detention Patterns of Successful and Unsuccessful Insanity Defendants

This study examines the detention patterns of the insanity defendant who is successful with the plea and hospitalized, or unsuccessful and incarcerated. Further comparisons are made with felony defendants who never entered a plea of not guilty by reason of insanity (NGRI). From existing data it is unclear to what extent detention may vary if the plea is successful as compared to if it is not successful. Of all defendants who entered a plea of NGRI in Erie County, New York (Buffalo) between 1970 and 1980, 128 were institutionalized as a result of their disposition. Sociodemographic, institutionalization histories, arrest, and disposition information were collected and analyzed for all 128 individuals. The research evaluates differences in the likelihood and length of either institutionalization or incarceration and in the rates of release between successful NGRI defendants, those who entered the plea unsuccessfully, and those who did not plead NGRI. From the findings reported here the authors conclude that pleading NGRI in Eric County may not be quite as advantageous for a defendant as commonly is believed.