Intellectual property (IP) management: organizational processes and structures, and the role of IP donations

This paper examines intellectual property (IP) management in U.S. companies and addresses three questions: What are typical sources of IP? How do companies manage IP? What role do donations of IP play in IP management? We used in-depth interviews and an on-line survey to gather data. We found that firms develop their IP position from a wide variety of sources such as joint ventures, acquisitions, and consulting contracts, but internal development is still the primary source of IP. Organizationally, three structural archetypes of IP management were identified: a centralized structure, a purely decentralized IP structure and a compromise structure involving a divisional assignment where a multi-business unit or division committee oversees IP. IP donations clearly do not appear to be a major phenomenon at the present time. Our survey results suggest that tax benefits are an important driver and that recent tax law changes have diminished the incentives to donate IP. The uncertainty of tax benefits and the costs associated with IP valuation appear to be the main disincentives.     

Deploying the Classic 'Community Method' in the Social Policy Field: The Example of the Acquired Rights Directive

The use of the Community method of legislation, in particular the deployment of directives, has for a long time been at the core of EC labour market policy. This article seeks to reflect on the lessons to be learned from the experience of the adoption and operation of one particularly significant directive, namely the Acquired Rights Directive, and on the experience of its transposition in one Member State, Ireland. Among features noted at the EU level are the watering down of the Commission's initial legislative ambitions; the substantial lacunae, failures to address issues and ambiguities incorporated in the text of the directive, the consequent enlarged role for the Court of Justice and the apparent difficulty in changing policy direction in the event of errors being made. As regards the Irish experience of transposing the directive, lessons learnt have included the importance of the means of implementation chosen by the Member State; the obstructive effect which national industrial relations systems may have on the evolution of a common European approach; the significance which attaches to national sanctions and enforcement mechanisms; the importance attaching to the degree of collective organisation in workplaces where the implementing legislation is sought to be relied upon; and the potential which the implementation of a directive has for disruption of the harmony of a national policy approach. Finally, the use of a form of social dialogue in the implementation of employment-related directives in Ireland is also commented upon.     

Philosophical Criminology and Complex Systems Science: Towards a Critical Theory of Justice

Chaos theory (or complex systems science, CSS) has made considerable inroads across a range of social science disciplines, including criminology. However, little has been done to assess the relevance of chaos theory for advancing a philosophical criminology. This task is significant because it tells us something about where, how, and why most modernist theories of crime are of limited utility when advancing the interests of justice and humanism in society. Accordingly, this article outlines the essential features of a philosophical criminology, including its commitments to ontology, epistemology, aesthetics, and ethics. Moreover, the contexts in which several key chaos theory principles such as iteration, sensitive dependence on initial conditions, bifurcations, attractors, fractal space, and dissipative structures function to promote a philosophical criminology are explored. A number of implications stemming from this analysis for purposes of critical theory building in law, crime, and justice studies are provisionally delineated.

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Are There Gender Differences in Demand for Index-Based Livestock Insurance?

Risk management plays a role in avoiding and escaping chronic poverty throughout the world, particularly for women, who are disproportionately negatively affected by shocks. Using three years of household survey data, administrative records and qualitative interviews, this paper examines the relationship between gender and demand for index-based livestock insurance (IBLI) among pastoralists in southern Ethiopia. IBLI appears to be equitably accessed by men and women alike and we find limited evidence of gender-differentiated demand for IBLI. We also find only modest differences associated with age and share of income from livestock.     

Increasing Participation and Compliance in International Climate Change Agreements

Scientific and economic consensus points to the need for a credible and cost-effective approach to address the threat of global climate change, but the Kyoto Protocol to the U.N. Framework Convention on Climate Change appears incapable of inducing significant participation and compliance. We assess the Protocol and alternative policy architectures, with particular attention to their respective abilities to induce participation and compliance. We find that those approaches that offer cost-effective mitigation are unlikely to induce significant participation and compliance, while those approaches that are likely to enjoy a reasonably high level of implementation by sovereign states are sorely lacking in terms of their anticipated cost effectiveness. The feasible set of policy architectures is thus limited to second-best alternatives.     

Offenders as victims: post-traumatic stress disorder and substance use disorder among male prisoners

Background: Comorbid substance use disorder(s) and post-traumatic stress disorder (SUD-PTSD) is common among prisoners and linked to an increased risk of criminal recidivism; however, little is known about the characteristics of prisoners with this comorbidity. Aim: This study provides a preliminary examination of the clinical and criminal profile of male inmates with symptoms of SUD-PTSD, and examines whether this profile differs according to whether a person has experienced a trauma while in prison. Methods: Thirty male inmates from two correctional centres in Sydney, Australia, were recruited and assessed using a structured interview. Results: The sample reported extensive criminal, substance use and trauma histories. A history of substance dependence was almost universal (90%) and 56.7% met diagnostic criteria for PTSD with the remainder experiencing sub-threshold symptoms. Forty-three per cent reported a traumatic event while in prison. Those who had experienced trauma in prison, compared to those who had not, were more likely to nominate heroin as their main drug of concern and to be receiving drug treatment in prison. There was also a trend toward inmates who had experienced a trauma in prison being more likely than inmates who had no prison trauma to have experienced a physical assault. Conclusion: Male prisoners with SUD-PTSD are a high-needs group yet treatment responses are poor. Further research examining treatment options for this comorbidity may improve prisoner well-being and reduce recidivism.     

Cable television and telephony in the telecommunications act of 1996: Economics,law, regulation and politics

Though reasonable people may argue about whether cable television and local telephone services are natural monopolies in theory, historically they have developed with infrastructures that make them more likely to have important declining cost characteristics in reality. Additionally, common carriage issues, especially for telephones, may necessitate regulatory oversight. Though touted as deregulation, and certainly eliminating many cross‐industry barriers, the Telecommunications Act of 1996 is better understood as reregulation. The act maintains a common carriage philosophy while attempting to promote competition. However, evidence indicates it is unlikely that the new regulatory regime will result in efficient prices or true competition. Instead, duopoly in cable and oligopoly in telephony are probably the best that can be achieved under the act.