Entrepreneurship and University Licensing

Outside invention has gained in importance as universities are actively seeking commercialization of their inventions since the passage of the Bayh-Dole Act. The paper analyzes the incentives to invent for outside and inside inventors. It is shown that outside inventors have greater incentives to invent than incumbents. Outside inventors can always fully appropriate the gains from invention irrespective of market structures and firm behaviour. Moreover, outside invention prompts incumbents to commercialize an invention in contrast to inside invention. Embryonic inventions could best be commercialized by new enterprises due to the uncertainty of their outcomes. Cooperative invention could boost consumer welfare but constitutes a lackluster incentive to invent.     

对国际商法与国际经济法关系的深层思考

大陆法系和英美法系之间存在着两种不同的法律部门划分的思维进路。按照大陆法系的法律部门划分进路所理解和界定的国际商法是"国际性的商法",国际经济法是"国际性的经济法"。按照美国式法律部门划分进路,国际商法是指"国际商务中的法",国际经济法是指"国际经济交往中的法"。在我国,尽管国内法律部门划分采用的是大陆法系的思维进路,但在国际法层面上,尤其是在国际经济法领域,却较多地受到了美国的影响。     

迁移创业型家族企业:对存在的和生成的社会资本的利用

在各种社会关系网络中,关系网络作为社会资本在迁移创业型家族企业的资源配置和发展中占有重要的地位,亲缘网络是"先赋性"的社会资本,商业关系上的"结构洞"是"获得性"的社会资本。家族企业在发展中会面临信任、规范管理及发展规模等问题。     

The Obama Administration,the Left and Narratives of Failure

Barack Obama's election as US president gave rise to hopes of radical reform. Indeed, comparisons were drawn with 1932 and there were references to ‘realignment’. Many on the left were quickly disappointed by the limited character of the American Recovery and Reinvestment Act, the abandonment of proposed reforms, and the concessions that were made to ensure the passage of healthcare legislation. Some explained these failures through agency‐based accounts and pointed to what they saw as personal weakness. Others stressed the structural constraints imposed by the asymmetric character of partisan polarisation, the political weight of capital, and the institutional character of the American state. The article argues that the character of the ‘Obama coalition’ should also be considered. It has been relatively narrow particularly when compared with the ‘Roosevelt coalition’. In particular, it failed to draw business fractions into its ranks.     

农民专业合作社政府规制体系——基于法约尔企业管理理论的探讨

政府规制是政府为了维护公众利益和纠正市场失灵而规范市场主体活动的行为。农民专业合作社是因提高农民组织化程度而具有广泛正外部效应的特殊市场主体,如何认识、规范并推动其发展,就成为政府规制研究领域的重要议题。本文借鉴法约尔企业管理理论的经典归纳,构建了农民专业合作社政府规制体系和分析框架,沿着农民专业合作社经营所涉及的管理活动、商业活动、技术活动、资本活动、会计活动和安全活动等六条清晰线索,将合作社本质特征所决定的不同于营利性企业的经营特点考量在内,以目前政府相关规制政策为依据,创设了农民专业合作社的政府规制体系,并从中国农民专业合作社现实出发,概括了每项规制的内涵及构成,试图为研究中国农民专业社及政府规制提供一套有效的分析框架。     

营业自由权隐性入显性的路径设计——从法律对经济回应的视角

营业自由权是民事主体实现财富增值和提高个体生活质量的一种应然性源权利,是民事主体财产自由权在营业领域的展开和扩张,是民事主体不可剥夺的权利。然而,我国法律仅关注了民事主体营业活动和营业成果的保护,对产生和获取实然财产结果的源权利与基础性权利——＂营业自由权＂则没有予以应有的重视,致使营业自由权在具体法律制度中处于隐性且极易受到侵害的地位。如何将营业自由权由隐性入显性,这就需要一个良好的制度路径设计。     

国有控股公司:监狱集团企业体制改革的方向性模式

监狱集团企业在承担和不断强化相关法律和社会职能的前提下,如何有效摆脱若干体制障碍和功能束缚,以完全企业的组织形式和运行方式来适应社会主义市场经济体制,促进监狱可持续经济发展,是监狱管理体制改革的一个重点也是难点问题。从国有资产管理体制创新的角度分析,国有控股公司理应成为未来监狱集团企业管理体制的一种主流模式,同时,未来监狱集团企业将由国有独资模式逐步向投资主体多元化方向发展。对此,本文提出了监狱集团企业改制的现实路径和实施方案。     

How governments strategically time welfare state reform legislation: empirical evidence from five European countries

Abstract

Building on studies on the political business cycle, the literature on welfare state retrenchment has argued that governments which cut the welfare state try to avoid blame by implementing painful measures in the beginning of the mandate and expanding benefits as elections approach. In contrast to this linear relationship, this article argues that governments often feel pressured to fulfil (mostly expansionary) campaign promises during the first months in office. Consequently, cutting right away is not what should be expected. Instead, a more nuanced, U-shaped timing trajectory is probable with a period in the beginning characterised by both cuts and fulfilment of expansionary pledges, followed by a period of cutbacks, and finally an expansive phase towards the end of a mandate. This argument is tested on our new original dataset of legislative changes in five European countries – Britain, Denmark, Finland, France and Germany – during the last four decades.     

The power of “small business” as pending narrative: an ideograph in UK politics 2004–2013

This paper explores utilisation of the term small business in contemporary politics in the United Kingdom. First, the policy and practice implications of the term small business are examined, through the lens of political rhetoric. Use of the term over the period from 2004 to 2013 is examined, drawing upon the DataArt Guardian NewsTraces platform as both a method of initially visualising an overall pattern of the term’s use during the 10-year period, and a medium for facilitating data collection for analysis. The research question is: how is the term “small business” used in political rhetoric in the UK, in the identification of policy problems and solutions, and the creation of pending narrative? It is determined that the term small business is an ideograph with different and often competing meanings for various interest groups, and suffers from serious imprecision despite policy efforts which strive for legitimacy. Even with spikes in use reflecting election cycles and periods of economic stress, the term’s power is in its mutable but appealing vagueness, and its enduring quality as pending narrative. This leaves open obvious questions of both policy efficacy and the sufficiency of ideographic-laced rhetoric as a substitute for meaningful policy.     

From Cronyism to Oligarchy? Privatisation and Business Elites in Myanmar

Privatisation is often contentious yet in Myanmar it has not so much been its merits or drawbacks that have attracted attention as questions around implementation. In Myanmar, the implementation of privatisation has broad significance for the political economy. A first phase of privatisation was focused on small and medium-sized enterprises and did not have a significant economic impact. A second phase, commenced in 2008, consolidated the interests of a business elite with personal connections to the military regime. The impact of this second phase of privatisation was such that some elements of this elite strengthened to the extent that they no longer relied entirely on patronage, creating opportunities for diversification in their strategies of wealth creation and defence. For this reason, it is argued, the wealthiest strata of Myanmar’s business elite is now best conceived as not simply consisting of cronies but rather as a nascent form of oligarchy. In theoretical terms, this suggests that greater attention to the qualitative difference between cronyism and oligarchy is warranted, as is close study of processes – like privatisation and political reform – that enable or require a wider range of strategies of wealth defence.