日本民事诉讼法学的理论演变与解释方法论

解释方法论在日本民诉法研究中并不是显著的命题。长期以来,日本民诉法解释并不特别重视法律条文和立法者本意,解释方法论遵循的主要是利益衡量论,近年始有学者对它提出批判。日本民诉法解释方法论选择既源于民事诉讼法的目的被定位于纠纷解决,也与战后比较法研究中利益衡量论的引入有关。日本民诉法利益衡量论有别于民法中的利益衡量论,也有别于受德国法影响的亲实体法解释方法论,这种方法论并不局限于衡量或分配原被告之间的财产或价值,更多地蕴含了对作为制度利用者的当事人的便利、 制度运营者的公共利益、民事诉讼程序的动态发展等要素的考量。     

新疆自然资源与人口发展的互动关系研究——基于相对资源承载力的分析

本文以新疆的历史数据为基础,采用相对自然资源承载力的研究方法,对新疆自然资源与人口发展之间的互动关系进行了深入分析,发现新疆的人口虽还没达到自然资源承载力指数的上限,但是自然资源的相对承载压力度却出现了不断上升的趋势。     

我国知识产权保护对FDI技术吸收能力的影响

在知识经济时代,有效知识产权保护制度的建立促进了新知识的产生和经济的增长。一方面,知识产权制度通过影响一国引入FDI的流量,进而对技术吸收能力产生一定的影响;另一方面,知识产权制度通过影响一国引入FDI的质量,进而对一国技术吸收能力产生重要影响。     

“新三角贸易”模式下的贸易、投资与创新绩效——基于知识溢出与吸收能力视角的研究

本文采用地区细分的贸易和投资数据,从技术引进、吸引外商直接投资(FDI)两大路径研究"新三角贸易"模式下知识外溢对本土创新绩效的影响。研究表明:吸收能力是影响本土创新的关键因素;产业关联度低是制约高技术领域FDI知识溢出的重要原因。     

The determinants of capital intensity in Japan and the US

We estimate the determinants of capital intensity in Japan and the US, characterized by striking different paths. We augment an otherwise standard Constant Elasticity of Substitution (CES) model with demand-side considerations, which we find especially relevant in the US. In this augmented setting, the elasticity of substitution between capital and labor is placed between 0.74 and 0.90 in Japan, and around 0.30 in the US. We also find evidence of biased technical change, which is capital-saving in Japan but labor-saving in the US. These differences help us explain the diverse experience in the capital deepening process of these economies, and lead us to conclude that demand-side drivers, quite relevant in the US, may also be relevant to account for different growth experiences. A close look at the nature of technological change is also needed before designing one-size-fits-all industrial, economic growth, and/or labor market policies.     

Budget allocation for permanent and contingent capacity under stochastic demand

We develop a model of budget allocation for permanent and contingent workforce under stochastic demand. The level of permanent capacity is determined at the beginning of the horizon and is kept constant throughout, whereas the number of temporary workers to be hired must be decided in each period. Compared to existing budgeting models, this paper explicitly considers a budget constraint. Under the assumption of a restricted budget, the objective is to minimize capacity shortages. When over-expenditures are allowed, both budget deviations and shortage costs are to be minimized. The capacity shortage cost function is assumed to be either linear or quadratic with the amount of shortage, which corresponds to different market structures or different types of services. We thus examine four variants of the problem that we model and solve either approximately or to optimality when possible. A comprehensive experimental design is designed to analyze the behavior of our models when several levels of demand variability and parameter values are considered. The parameters consist of the initial budget level, the unit cost of temporary workers and the budget deviation penalty/reward rates. Varying these parameters produce several trade-offs between permanent and temporary workforce levels, and between capacity shortages and budget deviations. Numerical results also show that the quadratic cost function leads to smooth and moderate capacity shortages over the time periods, whereas all shortages are either avoided or accepted when the cost function is linear.     

Excessive(?) entry of national telecom networks, 1990–2001

This paper documents entry and capacity expansion in US long-distance fiber–optic networks before and during the “telecom boom.” It disentangles the many swaps and leases between networks in order to measure owned route miles versus route miles shared with other carriers. Entry is still extensive, but more moderate when these shared miles are not counted. It concludes that entry was excessive primarily with regard to swaps and leases, but less so with regard to the physical building of the networks.     

Estimating capacity utilization of Chinese manufacturing industries

This study investigates the capacity utilization (CU) of Chinese manufacturing industries, using a CU indicator based on data envelopment analysis and directional distance functions (DDFs). The inputs are separated into variable inputs and a quasi-fixed input to measure the gap of DDFs, which indicated either under-utilization of inputs or overcapacity. Moreover, we define an indicator for CU change over time and introduced the corresponding decomposition. We note that, during the study time period (2007–2010), the CU of Chinese manufacturing industries improved, which implies that Chinese manufacturing industries expanded their production and got closer to their capacity during the examined period. The driving force of this improvement is technical changes. The higher average CU values of light manufacturing industries than that of the heavy industries and the extremely high CU values of two light industries reveal a severe overcapacity problem in the light industries. We also provided the methods and conduct analysis on determining optimal variable inputs and the type of the overcapacity on specific DMUs. The bootstrap regression procedures are employed to test the influence of environmental variables on CU values. Finally, we provide policy implications and suggestions for policymakers who oversee the development of Chinese manufacturing industries.     

Economies of extremes: Lessons from venture-capital decision making

An organization's ability to exploit extreme events—such as exceptional opportunities—depends on its capacity strategy. The venture capital industry illustrates the interplay of expensive capacity and negative externalities from high utilization. The cost of adding a venture capitalist provides a strong incentive to run lean, but such leanness may make it impossible to evaluate all interesting investment opportunities. Using concepts from extreme-value theory, we analyze the trade-off between the costs and benefits arising from an increase in the number of evaluated deals. We ground our analysis in 11 years of archival data from a venture capital firm, representing 3631 deals, the decisions made, the reasons for those decisions, and the decision lead times. The firm identified 20% of arriving deals as worth evaluating during the screening process, but was not able to evaluate approximately 9% of those interesting deals due to a lack of capacity. We show that the value of increasing the number of deals evaluated increases with the tail weight of the distribution of deal values. When the right tail is light, increasing the number of deals evaluated may provide too modest a benefit to justify the cost. When, however, the right tail is heavy, the value of increasing the number of deals is likely to more than compensate for the cost of capacity. Our results provide new insight into the relative value of a chase capacity strategy that emphasizes responsiveness versus a high-utilization heuristic that emphasizes productivity. Our approach can be applied to other search operations such as personnel selection, quality circles seeking to identify root causes, and making employee capacity available for innovation.     

Coalition-proof supply function equilibria under capacity constraints

Whereas in the absence of capacity constraints the Cournot outcome is the unique coalition-proof supply function equilibrium outcome, the presence of capacity constraints may enlarge the set of equilibrium outcomes. Interestingly, if capacities are sufficiently asymmetric the new equilibrium prices are below the Cournot price. These results have important implications for merger and privatization policies: specifically, capacity divestiture will not necessarily imply lower market prices.This article is based on the second chapter of my PhD dissertation. I benefited from the comments and suggestions of Diego Moreno and Bill Hogan. I thank three anonymous referees for helpful comments. Seminar audiences at Carlos III and Harvard are gratefully acknowledged. The author is currently a Repsol YPF fellow at the Harvard John F. Kennedy School of Government. I am grateful to the Repsol YPF-Harvard Fellowship Program for financial support.