Co-ownership of patents under German law

Legal context: Co-ownership of patents is a specific form of entitlement toa patent. Thus, it stands in the legal context of the questionof who may benefit from an invention and a patent, but alsoof who has to bear the costs of it. Parties to a co-ownershipare free to determine the terms of their co-ownership. If theydo not enter into specific agreements, the statutory rules—inGermany the rules of the community of part owners—apply. Key points: The article describes the most important aspects where Germanstatutory rules do not usually address the needs of the co-owners. Practical significance: Parties are advised to agree on these points before disputesarise. In particular, they should agree on the terms of thedefence, enforcement, and exploitation of their patent. Thisapplies especially against the background of the increasingnumber and importance of joint research and development projectsand patents resulting from them.     

The development of care technology under liability law

It is well known that strict liability and negligence induce pareto optimal care in a most restrictive model of unilateral accidents. The paper at hand extends this traditional theorem from its static context to an intertemporal setting where tort law induces progress in care technology. This model provides a methodological framework for a general analysis of the dynamic incentives generated by alternative liability rules. One of the many possible extensions of the basic model is to allow for incomplete information. Particularly, we drop the assumption that the authority setting the due care standard under negligence is able to assess technical progress ex ante. It is shown that the dynamic incentives of the negligence rule are distorted compared to strict liability in this modified framework.     

Restructuring structured analytic techniques in intelligence

Structured analytic techniques (SATs) are intended to improve intelligence analysis by checking the two canonical sources of error: systematic biases and random noise. Although both goals are achievable, no one knows how close the current generation of SATs comes to achieving either of them. We identify two root problems: (1) SATs treat bipolar biases as unipolar. As a result, we lack metrics for gauging possible over-shooting—and have no way of knowing when SATs that focus on suppressing one bias (e.g., over-confidence) are triggering the opposing bias (e.g., under-confidence); (2) SATs tacitly assume that problem decomposition (e.g., breaking reasoning into rows and columns of matrices corresponding to hypotheses and evidence) is a sound means of reducing noise in assessments. But no one has ever actually tested whether decomposition is adding or subtracting noise from the analytic process—and there are good reasons for suspecting that decomposition will, on balance, degrade the reliability of analytic judgment. The central shortcoming is that SATs have not been subject to sustained scientific of the sort that could reveal when they are helping or harming the cause of delivering accurate assessments of the world to the policy community.     

Looking beyond the economy: Pussy Riot and the Kremlin's voting coalition

The arrest of the protest punk band Pussy Riot (PR) in March 2012 and the subsequent prosecution of three band members pose a significant puzzle for political science. Although PR's performances presented a coherent alternative to the Putin regime's image of Russian reality, it was unlikely that the discordant music and crude lyrics of their art protest would inspire Russian society to take to the streets. Yet, the regime mounted a very visible prosecution against the three young women. We argue that the trial marked a shift in the Kremlin's strategy to shape state–society relations. In the face of declining economic conditions and social unrest, the PR trial encapsulated the Kremlin's renewed focus on three related mechanisms to insure social support: coercion, alliance building, and symbolic politics. The PR trial afforded the Kremlin an important opportunity to simultaneously redefine its loyal constituency, secure the Church–state relationship, and stigmatize the opposition.     

Conceptualising corporate community development

Globally there is an increasing focus on the private sector as a significant development actor. One element of the private sector’s role emphasised within this new focus has been corporate social responsibility (CSR) activities, whereby the private sector claims to contribute directly to local development. There is now a substantial body of work on CSR but it is a literature that is mostly polarised, dominated by concerns from the corporate perspective, and not adequately theorised. Corporations typically do development differently from NGOs and donors, yet the nature and effects of these initiatives are both under-researched and under-conceptualised. In this paper we argue that viewing CSR initiatives through a community development lens provides new insights into their rationale and effects. Specifically we develop a conceptual framework that draws together agency and practice-centred approaches in order to illuminate the processes and relationships that underpin corporate community development initiatives.     

Intersections and Inconsistencies. Framing Gender in Right-Wing Populist Discourses in Austria

The paper contributes to the discussion on (re)framing processes of gender equality focusing in particular on right-wing populist discourses in Austria. Our frame analysis of 50 texts published by four right-wing (extremist) parties and movements reveals that traditional (family) values, women's “free choice”, and LGBT rights play important roles in right-wing populist (re)framing processes of gender equality. Our data also show notable inconsistencies with regard to the meanings attached to gender and gender equality within the discourses studied. For instance, right-wing populists are, on the one hand, concerned with the protection of “the traditional family”—which means being against e.g. same-sex marriage and emphasizing women's wish to stay at home. On the other hand, these same actors argue against immigration by using gender arguments in a different and even contradictory manner, claiming that e.g. Muslim men are bound by their “culture” to discriminate women and LGBT people. Our intersectional approach, analytically focusing on different meanings that gender equality acquires at the intersections with ethnicity, nationality, religion/culture, and sexuality, shows that within right-wing populist discourses inconsistencies in the framing of gender and gender equality arise in relation to the shifting meanings attributed to the essential dichotomy of “us” versus “them”. While the discursive construction of antagonistic positions is essential for right-wing populism, the groups/people designated to fill these “slots” might differ according to topic. We argue that “intersectionality from above” is one of populists' instruments to gloss over inconsistencies and to (re)frame gender equality in an on-going process of (re)negotiations of meanings.     

Racial/Ethnic Discrimination and Suicidal Ideation in Emerging Adults: The Role of Traumatic Stress and Depressive Symptoms Varies by Gender not Race/Ethnicity

Drawing from Race-Based Traumatic Stress theory, the present study examined whether traumatic stress and depressive symptoms differentially help explain the relation between racial/ethnic discrimination and suicidal ideation across gender and racial/ethnic groups. A racially/ethnically diverse group of emerging adults (N?=?1344; M_age?=?19.88, SD?=?2.25; 72% female; 46% Hispanic) completed a battery of self-report measures. A cross-sectional design was employed with a series of hierarchical linear regression models and bootstrapping procedures to examine the direct and indirect relation between racial/ethnic discrimination and suicidal ideation through traumatic stress and depressive symptoms across gender and race/ethnicity. The findings suggest an indirect relation through depressive symptoms, but not traumatic stress, and a serial indirect relation through traumatic stress to depressive symptoms in young women and young men, the latter of which was stronger in young women. The indirect relations did not vary by racial/ethnic group. Cumulative experiences of racial/ethnic discrimination may impact suicide-related risk via increases in psychiatric symptomology (i.e., traumatic stress and depressive symptoms), particularly in young women. Racial/ethnic discrimination experiences should be accounted for as a potential source of psychological distress in the assessment, diagnosis, and treatment of suicidal thoughts and behavior, especially among young women endorsing traumatic stress and depressive symptoms. Further research is warranted to better understand the gender difference in the relation between racial/ethnic discrimination and suicide-related risk.

     

Rural poverty and impoverished theory: Cultural populism,ecofeminism, and global justice

The ‘left’ populist argument of ‘culturally-perceived’ poverty, proposed by subsistence ecofeminist Vandana Shiva, is gaining increasing currency in the contemporary ‘Anti-Globalization’ Movement. This article maintains that, instead of challenging neoliberalism, however, this notion lends itself to complicity with it and, moreover, with fundamentalist and reactionary currents that are on the rise worldwide. In order to make this case, it examines four main political currents influencing Shiva: Gandhism, Western maternal feminism, the post-development framework of Gustavo Esteva, and the New Age eco-spirituality of Rudolph Bahro. Also considered are some of the theoretical overlaps with the Right in which Shiva and these mentoring currents have become implicated.