Stabilizing flows in the legal field: illusions of permanence,intellectual property rights and the transnationalization of law

In this article I examine some of the problems that ‘modern’ legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post–structuralism and actor–network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio–technologies through time and space, and enrolling farmers into particular social networks.     

AN ALGORITHM FOR THE CONSTRUCTION OF OPTIMAL OR NEAR-OPTIMAL CHANGE-OVER DESIGNS

This paper presents an algorithm for the construction of optimal or near optimal change-over designs for arbitrary numbers of treatments, periods and units. Previous research on optimality has been either theoretical or has resulted in limited tabulations of small optimal designs. The algorithm consists of a number of steps:first find an optimal direct treatment effects design, ignoring residual effects, and then optimise this class of designs with respect to residual effects. Poor designs are avoided by judicious application of the (M, S)-optimality criterion, and modifications of it, to appropriate matrices. The performance of the algorithm is illustrated by examples.     

When the Export of Social Problems Is No Longer Possible: Immigration Policies and Unemployment in Switzerland

Throughout the twentieth century, Switzerland has been one of the OECD countries with the highest proportion of immigrants in its population. The aim of this article is to show how institutional factors have shaped the opportunities for change in immigration and immigrant‐employment‐related policies there in the 1990s. Whereas unemployment had remained low in the 1970s and 1980s, there was a marked increase at the beginning of the 1990s. Existing migration policies were considered a central cause of this increase, since the great majority of foreigners who had come and settled in Switzerland in the periods of economic expansion were low‐skilled, and were now over‐represented among the unemployed. The reforms undertaken in the field of immigration and integration policy to respond to these new problems have been determined by specific institutional factors: direct democracy, a defensive migration regime, the development of immigrant rights and the weak autonomy of the central state. These factors account to a large extent for the limited scope and specific pathways of policy reforms in these two domains.     

Stable and visualizable Gaussian parsimonious clustering models

Gaussian mixture model-based clustering is now a standard tool to determine a hypothetical underlying structure in continuous data. However, many usual parsimonious models, despite either their appealing geometrical interpretation or their ability to deal with high dimensional data, suffer from major drawbacks due to scale dependence or unsustainability of the constraints after projection. In this work we present a new family of parsimonious Gaussian models based on a variance-correlation decomposition of the covariance matrices. These new models are stable when projected into the canonical planes and, so, faithfully representable in low dimension. They are also stable by modification of the measurement units of the data and such a modification does not change the model selection based on likelihood criteria. We highlight all these stability properties by a specific graphical representation of each model. A detailed Generalized EM (GEM) algorithm is also provided for every model inference. Then, on biological and geological data, we compare our stable models to standard ones (geometrical models and factor analyzer models), which underlines all the profit to obtain unit-free models.     

The politics of the Digital Single Market: culture vs. competition vs. copyright

This paper examines the implications for European music culture of the European Union’s (EU) Digital Single Market strategy. It focuses on the regulatory framework being created for the management of copyright policy, and in particular the role played by collective management organisations (CMOs or collecting societies). One of the many new opportunities created by digitalisation has been the music streaming services. These depend on consumers being able to access music wherever they are, but such a system runs counter to the management of rights on a national basis and through collecting organisations which act as monopolies within their own territories. The result has been ‘geo-blocking’. The EU has attempted to resolve this problem in a variety of ways, most recently in a Directive designed to reform the CMOs. In this paper, we document these various efforts, showing them to be motivated by a deep-seated and persisting belief in the capacity of ‘competition’ to resolve problems that, we argue, actually lie elsewhere – in copyright policy itself. The result is that the EU’s intervention fails to address its core concern and threatens the diversity of European music culture by rewarding those who are already commercially successful.     

Musculoskeletal symptoms and workers' perception about job factors in a pulp and paper industry

The study aimed to conduct a literature review as a step of the development of a new questionnaire about the nursing workers' perception of job factors that may lead to musculoskeletal symptoms. An information synthesis was achieved by collecting data from studies that fitted the search criteria. The results showed that despite the existence of several job factors related to musculoskeletal symptoms, no specific questionnaire that evaluates this relationship was found. Therefore, this literature review presents important topics for developing the first questionnaire to analyze work activities that may contribute to pain and discomfort among nursing personnel.     

Implementing a diversity policy through public incentives: Diversity Plans in companies of the Brussels-Capital Region

ABSTRACT

The development of diversity policies in the private sector is mostly a result of a voluntary engagement of companies. When interested, they decide about the ways and goals of such policies, implications for human resource management and the inclusion of staff with a migration background. This article explores a specific situation in which public authorities offered support and resources to companies in order to develop diversity policies. I present a first analysis of the implementation dynamics of the Brussels Diversity Plan, a policy instrument launched in 2007 by the Government of the city-region of Brussels. Building on the theoretical tools of the political sociology of public policies, I use qualitative material (interviews and administrative documents) to explore implementation processes in three private companies. I show that public authorities can play a decisive role in developing diversity policies in the private sector through incentives rather than constraint. Yet, the room for manoeuver offered to companies leads to important variations regarding how processes unfold and the results achieved.     

Characterizations based on order statistics under sampling without replacement

In this paper, we consider finite populations and investigate their characterizations by regressions of order statistics under sampling without replacement. We also investigate some asymptotic results when the size of the population goes to infinity.     

Adjustment for nonresponse with variables from different sources: Bias correction and precision loss,with application to the Swiss European Social Survey 2012

ABSTRACT

Adjustment for nonresponse should reduce the nonresponse bias without decreasing the precision of the estimates. Adjustment for nonresponses are commonly based on socio-demographic variables, although these variables may be poorly correlated with response propensities and with variables of interest. Such variables nevertheless have the advantage of being available for all sample units, whether or not they are participating in the survey. Alternatively, adjustment for nonresponse can be obtained from a follow-up survey aimed at sample units which did not participate in the survey and from which the variables are designed to be correlated with response propensities. However, information collected through these follow-up surveys is not available for people in the sample who participated neither in the survey nor in its nonresponse follow-up. These two sets of variables when used in a nonresponse model for the Swiss European Social Survey 2012 differ only slightly with regard to their effect on bias correction and on the precision of estimates. The variables from the follow-up are performing slightly better. In both cases, the adjustment for nonresponse performs poorly.