Consequentialist Thinking and Economic Analysis in Intellectual Property

2021 ◽  
pp. 407-422
Author(s):  
Shubha Ghosh
Keyword(s):  
Intellectual Property ◽  
Economic Analysis ◽  
Social Needs ◽  
Economic Methodology ◽  
Policy Recommendations ◽  
Conceptual Basis ◽  
Policy Makers ◽  
Legal Rules ◽  
Persuasive Power ◽  
Normative Criteria

Legal policy is about consequences, and assessment of consequences requires an understanding of economics. This chapter explores this proposition. Whether intellectual property (IP) satisfies normative criteria requires understanding how IP affects behaviour in meeting social needs. Economic analysis provides testable models of plausible connections between legal rules and standards and individual conduct in the creation and dissemination of innovative outputs. These models provide a conceptual basis for legal arguments and policy recommendations. Whether these models are successful rests on their ability to identify and test the consequences of law. Economic methodology, understood this way, serves as a means of explanation and of prediction to guide the persuasive power of attorneys and policy-makers. This chapter develops this case for economics by consideration of analyses of the publishing and music industries.

scholarly journals EXPRESS: “Get a £10 Free Bet Every Week!” – Gambling Advertising on Twitter: Volume, Content, Followers, Engagement and Regulatory Compliance

2021 ◽  
pp. 074391562199967
Author(s):  
Raffaello Rossi ◽  
Agnes Nairn ◽  
Josh Smith ◽  
Christopher Inskip
Keyword(s):  
Social Media ◽  
Big Data ◽  
Content Analysis ◽  
Volume Content ◽  
Data Analytics ◽  
Big Data Analytics ◽  
Regulatory Compliance ◽  
The Internet ◽  
Policy Recommendations ◽  
Policy Makers

The internet raises substantial challenges for policy makers in regulating gambling harm. The proliferation of gambling advertising on Twitter is one such challenge. However, the sheer scale renders it extremely hard to investigate using conventional techniques. In this paper the authors present three UK Twitter gambling advertising studies using both Big Data analytics and manual content analysis to explore the volume and content of gambling adverts, the age and engagement of followers, and compliance with UK advertising regulations. They analyse 890k organic adverts from 417 accounts along with data on 620k followers and 457k engagements (replies and retweets). They find that around 41,000 UK children follow Twitter gambling accounts, and that two-thirds of gambling advertising Tweets fail to fully comply with regulations. Adverts for eSports gambling are markedly different from those for traditional gambling (e.g. on soccer, casinos and lotteries) and appear to have strong appeal for children, with 28% of engagements with eSports gambling ads from under 16s. The authors make six policy recommendations: spotlight eSports gambling advertising; create new social-media-specific regulations; revise regulation on content appealing to children; use technology to block under-18s from seeing gambling ads; require ad-labelling of organic gambling Tweets; and deploy better enforcement.

scholarly journals Administrative Background and the Process of Migrant Integration in Hungary

2018 ◽  
Vol 18 (3) ◽  
pp. 421-446
Author(s):  
István Temesi
Keyword(s):  
Public Administration ◽  
Geographical Location ◽  
Policy Makers ◽  
Legal Rules ◽  
Eu Member States ◽  
Mass Migration ◽  
Large Numbers ◽  
Long Time ◽  
Political Decisions ◽  
The Eu

Some EU member states have been migrant destinations for a long time, while others have lost a considerable part of their population since their accession to the EU. Hungary belongs to the latter. Large numbers of immigrants have not been arriving here since the end of the war in former Yugoslavia. However, in 2015 Hungary was suddenly strongly affected by mass migration, mainly because of the country’s geographical location. Mass migration has strongly influenced politics as the decision-maker and public administration as the executor of political decisions. Both the decisions and the policy-makers have been strongly criticised for taking a different approach to the situation compared with many other European countries. The Hungarian government’s priority was to reduce or stop mass migration and it used political, legal, and physical instruments selected for this purpose. This study does not aim to judge whether they are right or wrong. Hungarian public administration has had to adapt to the situation and it has done so by way of implementing new and modified legal rules. However, due to the political decisions described above, it has developed and changed at the same time.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

Conclusion and Recommendations

2013 ◽  
Author(s):  
Jacob N. Shapiro
Keyword(s):  
Agency Theory ◽  
Management Practices ◽  
Behavioral Outcomes ◽  
Organizational Outcomes ◽  
Organizational Analysis ◽  
Policy Recommendations ◽  
Policy Makers ◽  
Terrorist Organizations ◽  
Organizational Challenges ◽  
Counterterrorism Policy

This concluding chapter reviews the evidence, comments on U.S. government counterterrorism policies in light of the agency theory perspective on terrorist organizations, and offers a series of policy recommendations that flow directly from the organizational analysis. One potential criticism of this analysis is that it focuses too heavily on organizational outcomes while ignoring the kinds of behavioral outcomes of greatest interest to policy makers: who gets attacked, when, and by which method. The policy recommendations show this concern to be misplaced by demonstrating how systematically taking terrorists' organizational challenges into account can yield better counterterrorism policy. In particular, there are subtle ways to push groups into adopting security-reducing management practices that will work against some groups, but not all.

Unpaid informal carers: The ‘shadow’ workforce in health care

2020 ◽  
pp. 33-58
Author(s):  
A. Paul Williams ◽  
Janet M. Lum
Keyword(s):  
Human Resources ◽  
Well Being ◽  
Social Needs ◽  
Health Human Resource ◽  
Policy Makers ◽  
Social Closure ◽  
Personal Support ◽  
The Family ◽  
Personal Support Workers ◽  
Informal Carers

Much of the international literature on health human resources focuses on highly trained, regulated and visible professionals with exclusionary social closure in neo-Weberian terms, such as doctors and nurses. However, researchers and policy makers are now paying more attention to the increasingly important role played by less well-trained, often unregulated, and less visible occupations such as personal support workers. Beyond these categories of paid workers exists another mostly uncharted health human resource: unpaid, little trained, largely unregulated and invisible informal carers. They include the family, friends and neighbours who provide the bulk of everyday care required to support the well being and independence of growing numbers of people facing multiple chronic health and social needs in community settings. Focusing on Canada, this chapter documents the characteristics and contributions of informal carers, and highlights the challenging realities of informal caregiving – both from the perspective of carers and policy makers considering how best to support and encourage unpaid, informal carers without driving up formal health system costs.

Conclusions and Policy Implications

2018 ◽  
pp. 138-150
Author(s):  
Bruce E. Bechtol
Keyword(s):  
General Public ◽  
Policy Implications ◽  
Policy Recommendations ◽  
Policy Makers ◽  
Terrorist Groups ◽  
Weapons Systems

This chapter addresses policy recommendations and also summarizes and assesses the results of the research presented in this book, results that have the potential to be useful to policy makers, the general public, and academics and specialists who have an interest in the region. By providing details on what types of weapons systems and how much money is generated by illicit deals with other rogue nations such as Iran and Syria (as well as terrorist groups such as Hezbollah and Hamas) as well numerous states in Africa, this work contributes to more than just the scholarship—it contributes to the evidence chain. This evidence will be entirely unclassified and thus also releasable to an often uniformed or underinformed public.

New ways to get policy into practice

2018 ◽  
Vol 32 (6) ◽  
pp. 809-824 ◽  
Author(s):  
Peter Nugus ◽  
Geetha Ranmuthugala ◽  
Josianne Lamothe ◽  
David Greenfield ◽  
Joanne Travaglia ◽  
...  
Keyword(s):  
Mental Health ◽  
Organizational Context ◽  
Mutual Influence ◽  
Social Needs ◽  
Policy Makers ◽  
Content Type ◽  
Service Effectiveness ◽  
Street Level ◽  
Social Organizational ◽  
Street Level Bureaucracy

Purpose Health service effectiveness continues to be limited by misaligned objectives between policy makers and frontline clinicians. While capturing the discretion workers inevitably exercise, the concept of “street-level bureaucracy” has tended to artificially separate policy makers and workers. The purpose of this paper is to understand the role of social-organizational context in aligning policy with practice. Design/methodology/approach This mixed-method participatory study focuses on a locally developed tool to implement an Australia-wide strategy to engage and respond to mental health services for parents with mental illness. Researchers: completed 69 client file audits; administered 64 staff surveys; conducted 24 interviews and focus groups (64 participants) with staff and a consumer representative; and observed eight staff meetings, in an acute and sub-acute mental health unit. Data were analyzed using content analysis, thematic analysis and descriptive statistics. Findings Based on successes and shortcomings of the implementation (assessment completed for only 30 percent of clients), a model of integration is presented, distinguishing “assimilist” from “externalist” positions. These depend on the degree to which, and how, the work environment affords clinicians the setting to coordinate efforts to take account of clients’ personal and social needs. This was particularly so for allied health clinicians and nurses undertaking sub-acute rehabilitative-transitional work. Originality/value A new conceptualization of street-level bureaucracy is offered. Rather than as disconnected, it is a process of mutual influence among interdependent actors. This positioning can serve as a framework to evaluate how and under what circumstances discretion is appropriate, and to be supported by managers and policy makers to optimize client-defined needs.

Symbols and Dynamics of Social Meanings: Lessons From Residential Grave Spaces Among the Ekiti Yoruba of Southwest Nigeria

2019 ◽  
pp. 003022281986157 ◽  
Author(s):  
Babatunde Joshua Omotosho
Keyword(s):  
Social Structure ◽  
Symbolic Interactionism ◽  
Modern Society ◽  
Social Needs ◽  
Community Members ◽  
Policy Makers ◽  
Social Meanings ◽  
Southwest Nigeria ◽  
Modern Era ◽  
Power Play

Grave spaces within Yoruba (Nigeria) societies are not just ordinary symbols, and they constitute “other place” used to meet individuals’ physical and social needs. This study examined how residential grave spaces within Yoruba social structure are used by them in meeting their day-to-day needs. Drawing from symbolic interactionism theory, and data gathered from Ekiti-Yoruba culture, this study investigates how community members define and utilize the place of graves from traditional to modern society in meeting their needs. Findings revealed that during the precolonial society, grave spaces served religious and endearment purposes. While still retaining these functions in modern era, the functions have increased to security, protections, and power play due to the hurdles posed by modernity. The article concluded that the practice may continue in spite of its opposition by policy makers and orthodox faiths.

Biosecurity, Diseases, and Invasive Species: Implications of Bioterrorism for Agriculture: Discussion of Elbakidze and McCarl and Pierre, Spreen, and Moss

2006 ◽  
Vol 38 (2) ◽  
pp. 349-354
Author(s):  
William F. Hahn
Keyword(s):  
Invasive Species ◽  
Economic Analysis ◽  
Applied Theory ◽  
Policy Makers ◽  
Fast Growing ◽  
Important Input

Exotic and invasive species and bioterrorism are of increasing concern for U.S. policy makers. The economic analysis of these issues, especially bioterrorism, is a fast-growing, relatively new area. It is an area where an economist can provide important input into both policy and applied theory. The two papers in this section address invasive species issues.

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