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Abstract The law theory of administration contract is from France at first, and then it was carried forward by German. The administration practical surroundings in Taiwan also accept the theory aspect of administration contract. When we do research on the topic, we should understand what it could be made for, and which problems in administration it could solve. So it is necessary to have a unanimously understanding view on administration contract in France and German before we try to understand the difference between administration from private contract and, building our own administration contract legal theory. After understanding the development situation of administration contract the following question is how we can tell the administration contract from private contract, for the answer, we should know the standards which help us understand what the administration contract is. The article thinks all of those standards which scholars build are all characters of it. These standards are made from administration contracts¡¦ peculiarities. So we can say every standard is equal to the definition of administration contract, but one thing we admitted is it is impossible to give administration contract a perfect definition. So we can not give up use the standards to definite administration contract and accept all the context of all the standards at the same time. When a government set a contract with citizens, the contracts almost are public, we could call them administration contract all the time, but there are still some special exceptions, for example, a government set a trade contract for the government¡¦s own good to support the administration process, the article thinks the kind of contract is not for public goods for people. We just call it private contract. When the government¡¦s duties get more and more complex, we could not imagine all administration duties de done by their own. So the administration law theory develops the aspect called administration contract providing a way to deal with the problems when modern national character¡¦s changing. So administration contract was born. Public construction contract is used to provide a construction which be made for public goods. Originally government should coordinate the demanded to design public construction, but as we said before, governments set a contract with building company to help government finish public duty. The article has a totally different opinion from that of mainstream: the public construction contract is a administration contract, and let go step further thinking, if we regards public construction contract as administration contract. The power of government will be legally limited and controlled by the public administration law designed to prevent public good. Anyway, administration law is the spiritual prop for the administration practice, now some people said our nation¡¦s purchasing process is not clean, if we could let the processed be inspected. The article thinks the problem will gain improvement. That is the gall and value it exists.

Doctor of Philosophy / Archaeological remains have long been recognised as fragile evidence of the past, which require protection. Legal protection for archaeological heritage has existed in Australia for more than thirty years but there has been little analysis of the aims and effectiveness of that legislation by the archaeological profession. Much Australian heritage legislation was developed in a period where the dominant paradigm in archaeological theory and practice held that archaeology was an objective science. Australian legislative frameworks continue to strongly reflect this scientific paradigm and contemporary archaeological heritage management practice is in turn driven by these legislative requirements. This thesis examines whether archaeological heritage legislation is fulfilling its original intent. Analysis of legislative development in this thesis reveals that legislators viewed archaeological heritage as having a wide societal value, not solely or principally for the archaeological community. Archaeological heritage protection is considered within the broader philosophy of environmental conservation. As an environmental issue, it is suggested that a ‘public good’ conservation paradigm is closer to the original intent of archaeological heritage legislation, rather than the “scientific” paradigm which underlies much Australian legislation. Through investigation of the developmental history of Australian heritage legislation it is possible to observe how current practice has diverged from the original intent of the legislation, with New South Wales and Victoria serving as case studies. Further analysis is undertaken of the limited number of Australian court cases which have involved substantial archaeological issues to determine the court’s attitude to archaeological heritage protection. Situating archaeological heritage protective legislation within the field of environmental law allows the examination of alternate modes of protecting archaeological heritage and creates opportunities for ‘public good’ conservation outcomes. This shift of focus to ‘public good’ conservation as an alternative to narrowly-conceived scientific outcomes better aligns with current public policy directions including the sustainability principles, as they have developed in Australia, as well as indigenous rights of self-determination. The thesis suggests areas for legal reforms which direct future archaeological heritage management practice to consider the ‘public good’ values for archaeological heritage protection.

The problem of poverty in LDCs has been the continuing concern to the world. International organizations and other countries provide aid to LDCs for poverty reduction. Since the WTO Ministerial Conference in Hong Kong, aid for trade (A4T) became an issue of more importance. This paper is an empirical study on the nature of A4T as a public good. According to Wang (2010), the donor countries will provide more A4T as long as larger is the size of the economy, but the provision of the bilateral A4T will be insufficient to the social optimal level due to the spillover effect.. This paper will apply actual data to test the theory, using the hypothesis that, other things being equal, the lower is a partner¡¦s trade concentration; the lower is A4T received. We analyze the 22 OECD DAC members¡¦ bilateral A4T behavior from 2002 to 2007 using OECD Creditor-Reporting-System (CRS) data. Further, we also study how different types of A4T are determined. The main results of this study are:(1) Recipients¡¦ trade concentration is one determinant of the A4T received. (2) Trade concentration affects different types of A4T differently.

Doctor of Philosophy / Archaeological remains have long been recognised as fragile evidence of the past, which require protection. Legal protection for archaeological heritage has existed in Australia for more than thirty years but there has been little analysis of the aims and effectiveness of that legislation by the archaeological profession. Much Australian heritage legislation was developed in a period where the dominant paradigm in archaeological theory and practice held that archaeology was an objective science. Australian legislative frameworks continue to strongly reflect this scientific paradigm and contemporary archaeological heritage management practice is in turn driven by these legislative requirements. This thesis examines whether archaeological heritage legislation is fulfilling its original intent. Analysis of legislative development in this thesis reveals that legislators viewed archaeological heritage as having a wide societal value, not solely or principally for the archaeological community. Archaeological heritage protection is considered within the broader philosophy of environmental conservation. As an environmental issue, it is suggested that a ‘public good’ conservation paradigm is closer to the original intent of archaeological heritage legislation, rather than the “scientific” paradigm which underlies much Australian legislation. Through investigation of the developmental history of Australian heritage legislation it is possible to observe how current practice has diverged from the original intent of the legislation, with New South Wales and Victoria serving as case studies. Further analysis is undertaken of the limited number of Australian court cases which have involved substantial archaeological issues to determine the court’s attitude to archaeological heritage protection. Situating archaeological heritage protective legislation within the field of environmental law allows the examination of alternate modes of protecting archaeological heritage and creates opportunities for ‘public good’ conservation outcomes. This shift of focus to ‘public good’ conservation as an alternative to narrowly-conceived scientific outcomes better aligns with current public policy directions including the sustainability principles, as they have developed in Australia, as well as indigenous rights of self-determination. The thesis suggests areas for legal reforms which direct future archaeological heritage management practice to consider the ‘public good’ values for archaeological heritage protection.

During the early part of the 21st century, a number of campus demonstrations and other protest acts on college and university campuses became highly visible nationally and internationally, largely thanks to social and traditional/popular media. This visibility was partially due to the ubiquitous and easily accessible nature of emergent digital technologies–cameras, cell phones and social networking sites, among other tools. Though campus protests and social movements began to proliferate nationally, and in the context of increased economic inequity, few studies sought to explore how campus actors (students and employees in particular) used social and popular media to shape and control public perception, specifically during highly visible campus conflicts. Further, much of the literature on campus activism has historically overlooked protests and social justice movements occurring on comprehensive state university and community college, or 2-year, campuses. Additionally, the literature does not offer a comprehensive examination of strategies surrounding pre-negotiated protest acts between campus activists, administrators and law enforcement officers. Also, the literature has not adequately examined responses to tactical strategies employed by law enforcement agencies during campus protest, and at a time of heightened militarization of officers. Both issues are related to the image-making capabilities of activists and administrators. To explore such issues, I set out to investigate how student and employee activists and also administrators construct meaning around the public good mission of higher education. I then explored how both groups public good conceptualizations to shape both action and public perception. In doing so, I employed a combined theoretical framework, modifying academic capitalism and co-cultural theories and adapting them into a single framework. My framework enabled the examination of power dynamics around interactions, discourse and space, ultimately leading to an understanding that the public good mission is a battleground. Within this frame, campus activists and administrators are struggling to both define and manifest the democratic imperative, or historic public good mandate, in different ways. The framework also allow for the study of why specific information is publicized or narrated, while other information is omitted or ignored. Using qualitative methods, I specifically studied how individuals seek to control involvement in democratic processes on campus based on definitions associated with the public good. I also studied ways individuals advance democratic ideals. Further, I explored what tools (including social media and traditional and/or popular media, also referenced collectively as "the press") individuals employ to shape public perception about equity issues and conflicts on campus. In this regard, social and popular media serve as conduits for informing public audiences. For my investigation, I purposefully selected one land-grant institution, a comprehensive state university, and one 2-year community college–all in California. I intentionally selected California, as the state has historically and continues to be seen an important forerunner for nationwide higher education policy and practice. I also chose campuses whose conflicts were receiving statewide and national media attention to allow for the investigation of public perception surrounding campus conflict. Doing so also allowed for the exploration of how those on campus employed social media strategies and also utilized popular media to attempt to shape and control the public image of their institutions. My findings suggest that while campus activists and administrators maintain a similar belief that public institutions should be broadly accessible, they differently conceptualize how the public good mission of higher education should manifest. The difference in framing of the public good complicates interactions between both groups, and at times leads to violent clashes during protest. My findings also suggest that while activists and campus officials both maintain a social media presence and interact with media representatives, administrators are not as successful in capturing public support. This appears especially true during and after clashes have occurred during campus protest acts that also involve campus law enforcement officers. Additionally, my findings indicate that the under-utilization of social media, lax media relations strategies and blame shifting, specifically during protest acts, may ultimately hurt administrators and law enforcement officers with regard to image-shaping efforts. Of note, the resulting coverage of violent clashes in the popular media tended to favor activists over administrators and law enforcement officers no matter the type and amount of pre-planning and pre-negotiations between activists and campus officials. Ultimately, my findings challenge perceptions that institutional image-making powers reside squarely with administrators and media relations offices. Given the widespread use of digital technologies and social media, and also strategies activists have employed to engage with members of traditional media outlets, my findings also illustrate how student and employee activists are changing how power is introduced and distributed within their campus communities.

The aim of this thesis is to investigate the relationship between individuals and society in the context of healthcare and medical research, more specifically concerning the rights and duties of individuals in regard to biobank-based research. My starting point is that we all have a strong vested interest in improved healthcare, and therefore the possibilities to conduct important research should be optimized. In the first article, I investigate whether individual results from research using samples in large-scale biobanks should be returned. I conclude that there is good reason not to implement such policies, and instead to allocate available resources to pursuing medical advances. In the second article, I compare consent for using stored samples in research with consent for organ donation, whereby many countries have adopted opt-out strategies in order to increase the number of organs available. I claim that the default position should be changed in biobank research as well, i.e. it should be presumed that individuals want to contribute rather than that they do not. In the third article, I argue that safeguarding autonomy by requiring informed consent for using samples in research not only defeats the interests of society but also runs counter to the interests of the individuals the policy purports to protect. Finally, in the fourth article I suggest that it is reasonable to view participation in medical research from the perspective of a social contract, built on our mutual need for medical advances, and that this implies that there is a moral duty to adhere to the contract by allowing one’s samples to be used in research. A central conclusion in this thesis is that biobank research should be viewed as a natural part of healthcare, like quality control, method development and teaching, and that as such, it ought to be endorsed and facilitated.

Collective Action , National Teachers' Association R.O.C

Abstract Adam Smith is one of the mostly widely read eighteenth-century thinkers, enjoying a scholar reputation among economist, social scientists, political theorists, as well as philosophers. It is frequently believed that the great eighteenth-century Scottish moral philosophy Adam Smith was an extreme dogmatic defender of laissez-faire. It seems clear that Adam Smith has undergone an ideologically based reinterpretation. Smith¡¦s ¡¨invisible hand¡¨ , the most famous metaphor in economics and social science, has been identical with the automatic equilibrating mechanism of the competitive market. Free-market exchanges can unintentionally produce economic well-being, but only under certain specific conditions. Smith¡¦s thesis is that the invisible hand works because, and only when, people operate with restrains self-interest in cooperation with others under the precepts of justice. I found that public spirit, or civic virtue was, for Smith, a vitally important aspect of political economy. I noted that for Smith all constitutions must be judged by the happiness of the people who live under them. Thus, government plays the read role in securing the common good in society.

This dissertation comprises three essays analyzing various economic questions relating to open-source software development. The common thread linking these essays is the long-term sustainability of the open-source software development model, which is largely built on unpaid contributions from individual developers scattered across the world. The first essay develops a theoretical analysis of the market for operating systems as two-sided platforms, modeling the effects of competition and compatibility between a proprietary platform developed by a profit-maximizing firm, and an open platform (a public good developed by volunteers). Looking at the impacts on the proprietary platform firm, and application developer firms and users of both platforms, I find that under certain circumstances, a proprietary platform can find it profitable to become compatible with the open platform. However, it is always optimal in terms of social welfare to have compatibility between platforms. The second essay uses a laboratory experiment to examine how these characteristics and levels of motivations that are heterogeneous across individuals interact to result in sustainable, non-zero levels of contribution to open source software. There is a pronounced “leadership effect,” with subjects playing in the first position invariably contributing more frequently than those in the second position, and so on. Heterogeneity preserves the leadership effect, but increases contributions across the board, and eliminates the pattern of declining individual and total group contributions over time frequently observed in public goods experiments. The third essay studies the micro-foundations of open-source software contributions and provides an empirical examination of developer motivations using survey data. If open-source contributions and education are both signals of ability, then their impact on income is likely to be linked. They may be complements if open source contributions reinforce the signal from education by showing that one stands out from the crowd, or they might be substitutes if open-source development replaces expensive education in honing programming skills by offering more immediate feedback. Using an instrumental variables framework to deal with the endogeneity of the education and contribution choices, I find that leading an open-source project and completing college are complementary practices, so that the signaling and reputation-building aspect dominates.