The Relation of Federal and State Securities Laws

   This paper presents a framework for guiding policy-makers intervening in emerging innovation systems in 'catching-up' countries. The process whereby the central policy issues are identified rests on the notion that there are seven key processes, or 'functions', involved in the formation of such systems and that these processes can be empirically studied. A 'functional approach' is argued to be helpful in finding 'system weaknesses' that can act as focusing mechanisms for policy-makers. An illustrative case from Germany is followed by an analysis of emerging innovation systems in catching-up countries, in particular Brazil, Korea and Chile.This is an electronic version of an article published in:Staffan Jacobsson and Anna Bergek, A framework for guiding policy makers intervening in emerging innovation systems in 'catching up' countries, 2007, European Journal of Development Research, (18), 4, 687-707.European Journal of Development Research is available online at informaworldTM: http://dx.doi.org/10.1080/09578810601094902Copyright: Taylor & Francishttp://www.tandf.co.uk/journals/default.as

Journal Staff

This paper addresses the issue of R&D internationalisation of two multinationals in the electro-technical industry (GE and ABB), by means of a patent data analysis. The overwhelming majority of both companies R&D activities are concentrated in Western Europé and North America. The locational overlap between the two firms' activities is small. These results are consistent with findings from earlier studies that (1) there is little evidence to suggest that the 'production' of technology is globalised in a general sense and (2)that tapping knowledge from an industry's global lead location plays a very limited role in foreign R&D investments.Original Publication:Anna Bergek and Christian Berggren, Technological Internationalisation in the Electro-Technical Industry: A Cross-company comparison of patenting patterns 1986-2000, 2005, Research Policy, (33), 9, 1285-1306.http://dx.doi.org/10.1016/j.respol.2004.09.004Copyright: Elsevier Science B.V., Amsterdam.http://www.elsevier.com

Judicializing Politics, Politicizing Law

Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application

Technological innovation systems: a review of recent findings and suggestions for further research

In recent years, the technological innovation system (TIS) framework and its ‘functions approach’ has reached widespread diffusion among innovation scholars, especially those interested in sustainability transitions. It has so far been used frequently in studies of emerging sustainable technologies in the energy and transport sectors. This chapter provides some conceptual clarification regarding the functions framework, reviews the empirical findings of previous TIS studies and identifies topics to explore in future research. The review shows that a detailed understanding of the underlying mechanisms of some of the functions (‘entrepreneurial experimentation’, ‘market formation’ and ‘development of positive externalities’) is largely missing. More in-depth, qualitative analyses is therefore needed to identify causal chains of events within TISs. The review also reveals that the functions framework is not easily applicable to pure diffusion contexts, which suggests that the TIS framework should be supplemented by a ‘diffusion system’ framework

Debunking Antinovelty

This Article debunks the idea that a federal statute’s novelty is an indication that the statute violates constitutional principles of federalism or the separation of powers. In the last six years, every Justice on the Supreme Court has signed onto the idea that legislative novelty signals that a statute is unconstitutional. Many courts of appeals have also latched onto antinovelty rhetoric, two doing so in the course of finding federal statutes unconstitutional. The Supreme Court’s rhetoric about legislative novelty originated as an observation: the Court described a statute as novel when distinguishing that statute from other, constitutionally permissible ones. Since then, the Court has weaponized its rhetoric about legislative novelty such that a federal statute’s novelty is now a “telling indication” that the statute is unconstitutional. This Article urges the Court to abandon this rhetoric. The idea that legislative novelty is a sign that a statute is unconstitutional primarily rests on the mistaken Madisonian premise that Congress reliably exercises the full scope of its constitutional powers and that prior Congresses’ failure to enact a statute shows that prior Congresses assumed that the statute was unconstitutional. But there are myriad reasons why Congress does not enact statutes: enacting federal laws is difficult—in part because of constitutional requirements—and Congress legislates in response to existing conditions, which change over time. There are also many reasons why Congress may not innovate and why Congress may not have enacted every constitutionally permissible means of regulation. This Article suggests that there may be a more limited role for legislative novelty to play in areas of underenforced constitutional norms where courts have struggled to articulate workable doctrinal rules. Even then, a statute’s novelty should carry little weight in any determination about the statute’s constitutionality. Finally, this Article reflects on whether rejecting the Court’s rhetoric about legislative novelty necessarily calls into question the idea that a history of similar congressional statutes is evidence that a statute is constitutional

Influences of technological and sectoral contexts on technological innovation systems

This paper analyses how technological and sectoral context structures influence the functional pattern of a focal technological innovation system (TIS), focusing on value chain interdependencies. Through a case study of the ‘embryonic’ bio-succinate from mixed food waste TIS in Sweden, we show that all identified context structures exert both negative and positive influences on TIS functions by influencing resource availability and accessibility, market conditions and the wider selection environment. Contextual influences result from interdependencies throughout the value chain, but in contrast to previous studies, direct structural overlaps are not as relevant as competition for resources, markets and policy support. Competition does not only come from the regime but also from other related TISs and sectors. The study also confirms the importance of contextual influences from the international TIS. These findings suggest that a wide perspective on context structures and selection pressures should be considered in future research

Interaction between Energy Incumbents and Solar Entrants: Relationship Status Complicated

This paper contributes to the conceptualization of niche-regime interaction through a retrospective study of the evolution of business relationships between new entrant solar firms and incumbent municipal electric utilities in Sweden. We analyse how activity links, resource ties and actor bonds evolve over time and discuss the resulting interactions. We find that the relationships initially created mutual benefits, combining utilities’ brands and sales channels with solar firms’ technology competences. Most collaborations later turned into conflict due to the solar firms’ strengthened network positions and the clash between their private sector logic and the utilities’ public sector logic. Conceptually, we emphasize (1) changes in the relative importance of different resources (technology-related interactions), (2) decreased alignment of goals, strategies, and values (institution-related interactions), and (3) shifts in the relative power of new entrants vis-\ue0-vis incumbents (network-related interactions). This leads us to question the common association of niches with new entrants and regimes with incumbents

Towards an integrated framework for evaluating transformative innovation policy

In recent years, a new frame for innovation policy has emerged, namely “transformative innovation policy” (TIP), which aims at addressing transformative change or “Grand Challenges”. Such a shift in policy theory should, ideally, be reflected in policy evaluation, but the literature has so far provided little advice on how to address TIP-related evaluation challenges such as directionality and system-level behavioural additionality. This paper discusses how the evaluation of policy interventions targeting system innovation can be designed to address these challenges. Combining the literature on sustainability transitions with policy evaluation, we propose an integrated evaluation framework composed of three main components: (i) programme theory (programme goals, systems boundaries and desired (or accepted) development paths); (ii) system analysis (transformative outcomes); and (iii) synthesis and overall assessment (including revision of programme theory). By integrating the two sets of literature, we provide a bridge between academic research on transitions and current evaluation practices. We briefly illustrate the applicability of the integrated framework in the BioInnovation Strategic Innovation Programme in Sweden

Directionality challenges for transformative innovation policy: lessons from implementing climate goals in the process industry

In the new paradigm of ‘transformative’ or ‘mission-oriented’ innovation policy, which addresses broad societal challenges, policy makers are given a large responsibility for setting or shaping the direction of socio-technical transitions. However, the literature has so far not provided much concrete advice on how to achieve directionality in practice. The main argument of this conceptual article is that a more detailed approach is needed to better understand the challenges policy makers might face when they attempt to translate societal goals into more concrete and actionable policy agendas. It identifies and discusses eight analytically derived directionality challenges: handling goal conflicts, defining system boundaries, identifying realistic pathways, formulating strategies, realising destabilisation, mobilising relevant policy domains, identifying target groups, and accessing intervention points. To illustrate these challenges, the article uses examples from the implementation of the Swedish climate goal in the process industry