The European community software directive: The United Kingdom implementation

Conclusion The Regulations appear to have reinforced the protection available to software producers under United Kingdom law. The provisions of the Software Directive and the Regulations are complex and not without significant inconsistencies which are likely to prove to be a source of litigation. The drafters of the Regulations chose, unlike many of its European partners, not to adopt the wording of the Software Directive but to write their own interpretation, adding an element of uncertainty to the law in this area, which is perhaps inevitable bearing in mind the linguistic problems of translating and interpreting any directive coupled with the ambiguity and omission of definitions of several key terms. More important, however, than any academic argument will be the practical impact of the new law and its effectiveness in achieving its aim.     

Lon L. Fuller,Gustav Radbruch,and the “positivist” theses

For helpful suggestions and criticism I am grateful to Delf Buchwald (Göttingen), Malte Dießelhorst (Göttingen), Ralf Dreier (Göttingen), Bonnie Litschewski Paulson (Göttingen and St. Louis), Martin Schulte (Münster), Alexander Somek (Vienna), and Kenneth I. Winston (Boston). In correspondence, Walter Ott (Zurich) and Carola Vulpius (Dresden) responded in a most helpful way to my queries.     

An exploration of the “Spinback” phenomenon

This paper examines nine cases of “spinback,” the flow back to laboratories of technical advantage from technology transfer activities. The benefits revealed in the cases are discussed and assessed for their value to the participating laboratories and the scientists involved. The objective of this study was to explore and test the feasibility of undertaking a comprehensive study of the value of spinback in order to encourage support for technology transfer activities by middle management in a laboratory. Spinback is defined as the phenomenon by which scientists’ and engineers’ participation in technology utilization activities results in a technically valuable flow back to their laboratories or organizations, thereby increasing or improving techical capability. It was anticipated that this exploration would provide evidence that the phenomenon does occur, with important consequences for the organization.     

The use of phosphate buffered saline for the recovery of cells and spermatozoa from swabs.

In the forensic science laboratory, the recovery of spermatozoa from vaginal swabs, or vaginal cells from penile swabs, can help determine if sexual intercourse may have taken place. There are several methods used to recover spermatozoa and cells from the swabs before visualisation on a microscope slide and most of these methods use water. Phosphate buffered saline (PBS) is a non-toxic solution used in many biological laboratories. Unlike water, PBS prevents cells rupturing or shrivelling up due to osmosis. This study demonstrates that PBS can be used for the extraction of spermatozoa and cells from swabs and that PBS does not affect subsequent DNA profiling.     

Judicial Procedures as Instruments of Political Control: Congress's Strategic Use of Citizen Suits

Citizen suit provisions, which give proregulatory interests access to the federal courts, can be used by Congress to increase the courts' role in regulatory policy. I analyze 284 environmental regulation bills reported favorably out of committee and show that committee support for citizen suits is a function of the committee's policy goals and the political context in which the bills are generated. These findings indicate that Congress deliberately uses judicial procedures as instruments of political control and that scholars examining judicial policymaking must include legislative goals in the list of explanatory factors.     

柔嫩艾美球虫杨凌株表面抗原SAG10基因的克隆与原核表达

从柔嫩艾美球虫第二代裂殖子总RNA中扩增EtSAG10基因,与pGEM-T Easy载体连接后转化大肠杆菌(E.coli)DH5α,筛选阳性克隆,扩增不含N端信号肽的编码序列,分别插入表达载体pET-32a( )和pMAL-c2X,转化至E.coliRosetta,以IPTG诱导表达。结果表明,pET-32a( )-EtSAG10在E.coliRosetta中的表达产物约占菌体总蛋白的43%,融合蛋白分子质量约为47 ku,以包涵体形式存在;而pMAL-c2X-EtSAG10在E.coliRosetta中表达的重组蛋白为可溶性,表达产物约占菌体总蛋白的35%,融合蛋白分子质量约为69 ku。以表达的可溶性EtSAG10重组蛋白100μg/只肌肉注射免疫雏鸡,攻虫后以盲肠病变计分、盲肠卵囊数(OPG)、相对增重率和抗球虫指数(ACI)评价,免疫组相对盲肠卵囊产量为47.7%,抗球虫指数由86.79提高至152.13。提示,重组表达的EtSAG10可诱导雏鸡产生一定的抗球虫免疫保护。     

The age of death: Appraising public opinion of juvenile capital punishment

Despite its original purpose to protect and rehabilitate wayward children, the juvenile system has grown more punitive and has embraced the use of harsher punishments, including execution, for juvenile offenders. Relatively little is known, however, about public attitudes toward the use of capital punishment for juveniles. This research explored the determinants of death penalty opinion, identified the minimum age at which respondents were willing to allow a juvenile to be put to death and examined the willingness of respondents to support an alternative sentence of life without the possibility of parole (LWOP). The results suggested that, while one-quarter of the sample was willing to execute juveniles who were fifteen and under at the time of the crime, there was less support for the execution of juveniles than of adults. In addition, of those who supported the use of the death penalty for juveniles, almost one-half would support LWOP as an alternative to the death penalty.     

中俄两国商业银行不良资产处置之比较

中国与俄罗斯商业银行都面临着大量银行不良资产的问题，为提高银行资产质量。两国采取了一系列改革措施。两国在不良资产形成原因、处置措施方面存在相似之处和差异，将二者进行比较，可对我国的商业银行处置不良资产提出有益的启示和借鉴。     

Asian values revisited

  With Asia's economy still booming in the second half of the 1990's “Asian values” were announced by some politicians (Lee Kuan Yew, Mahatir, Ishihara, Mahbubani etc.) and contrasted with “Western values”. Soon a controversial debate within Asia ensued (Kim, Fidel Ramos ea..), into which also the western democracies joined. The “West” however reacted rather defensively to the new assertiveness of some Asian statesmen, inspite of the fact that the authors of this debate put into question the western dominance in global value setting which has been in existence since the French revolution. But has this debate withstood the test of time, the challenges posed by the recession in Asia and by the ever increasing globalization? Hardly. The crisis has destroyed the notion that “Asian values” had been the main cause and guarantor of Asia's exorbitant growth rates. While in the West Christianity forms the essential basics of culture, in Asia there is a multitude of coexisting - and frequently confronting world religions. There is no other continent which in cultural and political terms is so contradictory and potentially conflict ridden like Asia. “Asianism” as a concept was surely also intended as an instrument to integrate multiethnic Asian societies with weak internal cohesion. At the same time it served to neutralize the human rights issue. In the meantime the debate has become quieter and more dispassionate. In the developed West the notion gained acceptance to abandon “Eurocentrism”. At the same time there is recognition that “Asian values” are not exclusive. Also in Europe the family plays a special role. A debate on values is needed for societal integration – also in the “West” which should become more aware of the need to reassert the origins of its own spiritual foundations. Following September 11th the west is well advised to continue the dialogue on values with Asia. Update and expanded version of an article first published in: Au?enpolitik IV/1996, p. 326 “Beginnt das pazifische Jahrhundert?” I would like to thank Julia Prati for the translation of the updated and expanded version of this article