The legal question of the obtention of human stem cells for biomedical research. Legislation policy considerations]

The future Law on Biomedical Research, whose draft bill has been approved by the Council of Ministers and that will soon begin its parliamentary process of approval, will regulate, among other matters, the research with embryos. Likewise, it will make a pronouncement on the so-called therapeutic cloning. This report makes a detailed analysis of different matters that must be borne in mind by the legislator in order to face the process of evaluation and approval of said Law in relation with the aforementioned matters. It makes a special analysis of the legal texts of an international nature to which Spain is unavoidably subjected to, in such a way that the legislative text that will finally be approved is not contrary to the dispositions that are within such.     

Patenting and Invention Activity of U.S. Scientists and Engineers in the Academic Sector: Comparisons with Industry

Analyses have been performed of the patenting and invention activity of U.S. scientists and engineers (S&Es) in the academic sector and comparisons have been made with their counterparts in industry. The analyses are based upon survey questions concerning patent applications, grant awards and commercialization outcomes from two 1995 National Science Foundation (NSF) nationally representative workforce surveys. A series of new indicators – patent activity rates, patent activity shares and patent success rates – has been defined and utilized to examine patent activity by employment sector, educational field, demographic variables, status and location of university faculty, technological area, and selected S&E job characteristics. It is recommended that NSF collect data on patenting activity, including commercialization outcomes, in its surveys of the S&E workforce at least every four years. Data should also be collected on university-industry collaboration in patent activity in the U.S., and between S&Es in the U.S. and other countries.     

Predatory Innovation: A Step Beyond? (Understanding Competition in High-technology Markets)

The idea of a direct relationship between innovation and progress must be reconsidered. Innovation, in other periods of History merely pursued for the sake of Mankind, eventually turned into an grail for companies willing to see their sales increased. The last decades had witnessed another turn of the screw in that identification: innovation may be used as a weapon to destroy rivals and take over a market, regardless of any considerations of progress. Competition law is not foreign to these new circumstances. The inclusion of innovation as a variable in the context of an exclusionary strategy entails not only an important aggression to free competition, but to social welfare. Due to the novelty of these practices, competition law is still adapting itself to the new scenario. This paper explains the underlying complexity of the study of predatory innovation, establishing the foundations for its proper understanding and subsequent approach of the conclusions to market operators, legislators, judges and to society itself.     

Empirical assessment of the escabinato jury system

Abstract

There are two practical applications of the jury system: the jury of lay people and the escabinato jury involving joint decision making by legal experts and lay people. Research undertaken in this field has been almost exclusively centered on the former. This work consists of an empirical study of the role of legal suggest that the loss of a jury of peers implies the dominance of the judge's opinion. The causes and consequences of this domination have been assessed.     

Governmental and Societal Support for Environmental Enforcement in China: An Empirical Study in Guangzhou

The enforcement behaviour of environmental officials in developing countries has not received adequate attention despite enormous challenges to regulatory enforcement in those areas. Accordingly, this article examines the relationship between perceptions of support from local governments and society and evaluations of enforcement effectiveness. A model in which organisational commitment partially mediates these relationships was tested using a sample of 202 enforcement officials in Guangzhou, China. The findings confirm a partial mediating role for organisational commitment and an interaction effect between government and societal support. A plot of this interaction reveals that when enforcement officials perceive high levels of governmental support, societal support further enhances their perceptions of enforcement effectiveness. However, when they perceive government support to be low, higher levels of societal support appear to diminish their assessments of enforcement effectiveness.     

Endogenous Determinants for Renegotiating Concessions: Evidence from Local Infrastructure

The engagement of local government in public–private partnerships (PPPs) for the provision of infrastructure and public services is a global trend. Light rail services, water systems, waste management systems, schools, sport centres and social housing are simply a few examples of sectors in which the private sector is becoming more actively involved with local authorities. Most of these engagements are conducted through the use of mixed companies and contractual concessions. However, both of these uses suffer from a major shortcoming – renegotiations. Contracts are often renegotiated within a few years of being signed, and some evidence reveals that the results might not protect the public interest. This article aims to understand how and why renegotiations of local concessions occur by examining the specific characteristics of contracts (endogenous determinants). To illustrate the discussion, a case study of a light rail system is analysed, exemplifying the effect of a contractual renegotiation. The authors argue that contractual renegotiation can be useful in decreasing contract incompleteness, but a poorly designed contractual clause can allow for opportunistic concessionaire behaviour.