Entrepreneurial universities in two European regions: a case study comparison

An entrepreneurial university is a natural incubator that tries to provide a supportive environment in which the university community can explore, evaluate and exploit ideas that could be transformed into social and economic entrepreneurial initiatives. Entrepreneurial universities are involved in partnerships, networks and other relationships to generate an umbrella for interaction, collaboration and co-operation. Rapid developments in science, the multidisciplinary nature of frontier research, legislative changes such as the Bayh–Dole Act and demands from business and society have shaped knowledge-based entrepreneurship within universities. Despite sharing similar historical backgrounds, economic conditions and cultural and social structures, entrepreneurial universities in most countries remain distinct from one another by their institutional arrangements, traditions and characteristics unique to each organization. Interestingly, no comparative research has been conducted to understand the similarities and differences of the conditioning factors and the outcomes/outputs of entrepreneurial universities in different regions that share similar social, economic and political conditions. This paper addresses this research deficit, adopting institutional economics and resource-based view. We compare entrepreneurial universities in two European regions (Spain and Ireland) using an in-depth qualitative approach based on multiple case studies (two Spanish universities and two Irish universities) between 2006 and 2010. The findings provide organizational practices and approaches relevant to the transformation process of other regional universities seeking to become entrepreneurial.     

The concurrent application of competition law and regulation: the case of margin squeeze abuses in the telecommunications sector

This paper explores the issue of margin squeeze in the telecommunicationssector. It observes that margin squeeze abuses can be addressedthrough ex ante and/or ex post intervention. As far as ex anteintervention is concerned, this paper reviews the various regulatorystrategies that can be used to address margin squeeze beforeconcluding that such conduct has been generally prevented throughprice controls. It then evaluates how wholesale and retail pricecontrol mechanisms can affect the ability and/or incentivesof vertically integrated operators to engage in margin squeeze.As far as ex post intervention is concerned, this paper discussedthe way in which margin squeeze has been addressed under nationaland EC competition law. It then explores several unresolvedissues that emerge from the decisional practice of the competitionauthorities and the case law of the courts. Finally, the paperexplores the interface between competition law and sector-specificregulation and in particular the jurisdictional and substantiveconflicts that it can lead to in the area of margin squeeze.     

PRICE DISCRIMINATION UNDER EC COMPETITION LAW: ANOTHER ANTITRUST DOCTRINE IN SEARCH OF LIMITING PRINCIPLES?

The main objective of this article is to shed light on the compatibilityof price discrimination with EC competition law. We offer ananalytical framework which distinguishes between different categoriesof price discrimination depending on their effects on competition.Our framework suggests that different tests are needed to assessthe lawfulness of price discrimination practices under EC competitionlaw. A related objective of the article is to show that Article82(c), the main Treaty provision dealing with price discrimination,should only be applied to the limited circumstances where anon-vertically integrated dominant firm price discriminatesbetween customers with the effect of placing one or severalof them at a competitive disadvantage vis-a-vis other customers(secondary line injury price discrimination). In contrast, Article82(c) should not be applied to pricing measures designed toharm the dominant firm's competitors (first line-injury pricediscrimination) or to partition the single market across nationallines.     

THE ATTEMPTED MERGER BETWEEN GENERAL ELECTRIC AND HONEYWELL: A CASE STUDY OF TRANSATLANTIC CONFLICT

The thwarted merger of General Electric and Honeywell standsout, so far, as the only merger between US companies to be derailedsolely by the European anti-trust authorities, while being clearedby the US Department of Justice (DoJ) and 11 other jurisdictions.In this paper, the authors examine the European Commission'sdecision, and the theories underlying it and compare the Commission'sapproach with that followed by the DoJ. They observe that theCommission and the DoJ had a different assessment of broadlysimilar facts, and attempt to understand the source of the divergence.The authors find that (1) the horizontal effects identifiedby the European Commission rely on a particular perspectiveof market definition, which is debatable (and leaves some questionsunanswered); (2) the anticompetitive effects in the bundlingand Archimedean leveraging theories are not sufficiently robustthat they could be presumed (Accordingly, their likelihood shouldbe supported by strong evidence, but the evidence presentedby the Commission was far from compelling); (3) the deal mayhave involved significant efficiencies that were overlooked.These observations raise the suspicion that the Commission'sdecision may have been affected by bureaucratic capture, suchthat civil servants did not follow the mandate that had beenassigned to them. We find that the procedure enforced at thetime was vulnerable to capture and that the Commission had anincorrect perception of the standard of review that the Courtwould apply to its decision in the context of an appeal. Theaccountability to which the Commission felt subject was thusbiased downwards and enlarged the scope for capture. In addition,some (admittedly casual) evidence regarding the actual unfoldingof the procedure, as well as subsequent reforms of process andprocedure undertaken by the Commission, would support the viewthat significant problems arose in this area.     

INVISIBLE PARTIES: LISTENING TO CHILDREN

This article discusses how children are involved in family court proceedings in New Zealand. On July 1, 2005, the Care of Children Act 2004 came into force. One of the changes brought about by this Act is an increased expectation that children will participate in proceedings involving them, by the court giving the child a reasonable opportunity to express his or her view. Children may participate in three ways, the primary mechanism being through the lawyer for the child. Children's views can also be elucidated through a specialist report, and direct participation can be achieved through judicial interviews. As each child is different, it is important that the unique circumstances of the case are accounted for. This article will discuss how each of the three methods can be combined to tailor an approach that gives every individual child a reasonable opportunity to express his or her view. There are a number of examples given of this approach in practice, showing how the court has adapted the process to accommodate the child's situation and personality.     

The mainly nameless and faceless dead: an exploratory study of the illicit traffic in archaeological and ethnographic human remains

This paper represents an exploratory study of what is known about the current global trade in human remains, and in particular, specimens from archaeological or ethnographic contexts, regardless of which source countries they derive from and where they are destined. The paper is in four parts. In Part 1, we explain how the analysis of human remains forms an important component of archaeological research, and why looting activity at burial sites prejudice this research. In Part 2 we review the existing and relevant archaeological, ethnographic and criminological literature on the subject while in Part 3 we describe our own research into the online trade in human remains, both licit and illicit. To assess the current global prevalence and distribution of public and private dealers in human remains, keyword searches on common search engines (Google, Yahoo, Bing), and online sites like eBay and Amazon were conducted. In Part 4 we draw some conclusions about our research and point in particular to various policy and law reform issues which require further consideration and study.     

Religious perspectives on umbilical cord blood banking

Umbilical cord blood is a valuable source of haematopoietic stem cells. There is little information about whether religious affiliations have any bearing on attitudes to and decisions about its collection, donation and storage. The authors provided information about umbilical cord blood banking to expert commentators from six major world religions (Catholicism, Anglicanism, Islam, Judaism, Hinduism and Buddhism) and asked them to address a specific set of questions in a commentary. The commentaries suggest there is considerable support for umbilical cord blood banking in these religions. Four commentaries provide moral grounds for favouring public donation over private storage. None attach any particular religious significance to the umbilical cord or to the blood within it, nor place restrictions on the ethnicity or religion of donors and recipients. Views on ownership of umbilical cord blood vary. The authors offer a series of general points for those who seek a better understanding of religious perspectives on umbilical cord blood banking.     

The Persistence of Sperm and the Development of Time Since Intercourse (TSI) Guidelines in Sexual Assault Cases at Forensic Science Ireland,Dublin, Ireland

The persistence of sperm using confirmatory microscopic analysis, the persistence of sperm with tails, time since intercourse (TSI) analysis, and results from the acid phosphatase (AP) reaction from approximately 5581 swabs taken from circa 1450 sexual assault cases are presented. The observed proportions of sperm in the vagina and anus declines significantly after 48 h TSI, and sperm on oral swabs were observed up to 15 h TSI. The AP reaction as a predictor of sperm on intimate swabs is questioned. All AP reaction times gave a low true positive rate; 23% of sperm‐positive swabs gave a negative AP reaction time. We show the AP reaction is an unsafe and an unreliable predictor of sperm on intimate swabs. We propose that TSI not AP informs precase assessment and the evaluative approach for sexual assault cases. To help inform an evaluative approach, TSI guidelines are presented.     

‘Standing on the shoulders of giants’: diversity and scholarship in Intelligence Studies

This study takes stock of the field of Intelligence Studies thanks to a quantitative review of all the articles published in the two main journals in the field: Intelligence and National Security and the International Journal of Intelligence and CounterIntelligence. Particular attention is paid to the diversity of the authors publishing in these two journals and the evolution of the issues they discuss. Publications in the field are widely authored by males based in the United States and the United Kingdom who write about Western intelligence and security organizations. Recent years have seen a slight diversification in the field but further efforts will be necessary to develop a more eclectic body of researchers and research on intelligence and national security.