The contributions of invention management companies to technology transfer

A new type of organization which is explicitly dedicated to technology transfer has emerged in the United States: Companies which manage inventions produced by universities, independent inventors and other creative groups. This paper shows that these “Invention Management Companies” (IMCs) make important and unique contributions to technology transfer on legal issues (e.g., guarding against patent infringements), marketing (e.g., convincing a company to commercialize au invention) and advocating the invention against the organized opposition of established technologies. Given the contributions of IMCs to an emerging system for encouraging innovation (an “Inventive Society”), the paper recommends broadening the role of IMCs as information providers and linking them to incubators and venture capital companies.     

In search of reasonable doubt

A number of different approaches have been used to quantify jurors' use of the decision criterion known as reasonable doubt. The purpose of the present study was to determine which of a select group of these approaches could be utilized to match the actual decisions of individuals role-playing jurors for an assault trial. Simon's (1970) rank-order approach, a self-report approach, an approach derived from Statistical Decision Theory (Fried, Kaplan, & Klein, 1975), and one derived from Justice White's explanation of theJohnson v. Louisiana (1972) decision were each used to estimate values for reasonable doubt. The estimates were then used to recreate the individual decisions, and the recreated decisions were then compared to the actual decisions. The results indicated that every approach accurately matched the actual decisions at a better-than-chance rate, although the rank-order and decision theory approaches were most accurate. The reasonable doubt estimates obtained from each of the approaches were also used to examine the basic assumption underlying the Thomas and Hogue (1976) juror decision model. Only the estimates from the decision theory approach provided consistent support for the assumption. A variety of methods were suggested for more definite determinations of the accuracy of the approaches tested, and the relative merits of the approaches were discussed.     

Leaving the Australian Labor Force: An Extended Encounter with the State

This article seeks to demonstrate the way in which labor market choices are shaped by institutional arrangements devised by the state. Since these arrangements differ markedly from country to country, much that is distinctive about national labor market outcomes is a function of diverse encounters with the state. This argument is illustrated by an account that explains why Australia, a country which apparently devotes little in the way of public resources to the old, manifests an exceptionally high level of early retirement. This account shows that, in contrast to the standard European welfare state strategy of public pensions, the Australian state has over many decades tackled the need for provision for the old by encouraging retirement strategies that are not subsidized directly from the public purse. These strategies include the encouragement of widely dispersed home ownership and occupational pensions. Read broadly, the article suggests that the extremity of contrasts frequently made between the advanced welfare states of Western Europe and the miserable social policy outcomes in the democracies of the New World have been far too extreme. The article experiments with novel presentational techniques designed to focus attention on individual choices and on policy outcomes for the individual rather than policy outputs by governments.     

Governing Economic Globalisation: Global Legal Pluralism and European Law

How is globalisation governed? The following article tries to answer this question. Focusing on economic globalisation, it presents the case of the international commodity chain in toys, identifies its various segments or boxes, and then gives examples to illustrate how the chain is governed. The article argues that economic globalisation is governed by the totality of strategically determined, situationally specific, and often episodic conjunctions of a multiplicity of sites throughout the world. These sites include, for example, EU law, United States law, Chinese law, multinational corporation and trade association codes of conduct, international customs conventions, and WTO law. Each of these sites has institutional, normative, and processual characteristics. Though the sites are not isolated from each other, each has its own history, internal dynamics, and distinctive features. Taken together, they represent a new form of global legal pluralism.     

Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

The Stable Isotope Ratios of Marijuana. II. Strontium Isotopes Relate to Geographic Origin

Abstract:  Effectively addressing marijuana trade is aided by understanding marijuana geographic sources. We analyzed the ⁸⁷Sr/⁸⁶Sr of marijuana samples grown in 79 counties across the United States to determine if a primary geologic signal is retained in marijuana, which could therefore be useful for geographic sourcing. The marijuana results were compared with modeled bedrock ⁸⁷Sr/⁸⁶Sr values based on ⁸⁷Rb decay rates and a generalized geologic map of the U.S.A. A significant correlation was observed between marijuana ⁸⁷Sr/⁸⁶Sr and modeled bedrock ⁸⁷Sr/⁸⁶Sr. Although values clustered near the 1:1 relationship, there was a predominance of positive anomalies, perhaps attributable to carbonate bedrock. A small number of negative anomalies were also observed, which were generally associated with granitic bedrocks. These results suggest that strontium isotopes in marijuana record the geographic origins of marijuana, and that refinement of the base strontium map (or strontium isoscape) and improved understanding of other strontium sources would be productive.     

A comparative analysis of trade and economic integration in East Asia and Latin America

This paper provides an analysis of the two channels of regional integration: integration via markets and integration via agreements. Given that East Asia and Latin America are two fertile regions where both forms of integrations have taken place, we examine the experiences of these two areas to illustrate our conclusions. There are three related results. First, East Asia has been integrating via the markets long before formal agreements have been in vogue in the region. Latin America, on the other hand, has primarily been using formal regional trade treaties as the main channel of integration. Second, despite the relative lack of formal regional trade treaties until recently, East Asia is more integrated among itself than Latin America. Third, from a purely economic and trade standpoint, the proper sequence of integrations seems to be first integrating via the markets and subsequently via formal regional trade agreements. One interpretation of the relative success of the East Asian approach is that regional trade agreements often serve multiple constituents. Integrating via markets first can be helpful because this can give a stronger political bargaining power to the outward-looking economic-oriented forces within the country.