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民法与经济法价值之比较分析 总被引:1,自引:0,他引:1
本文首先从经济关系层面出发 ,对民法与经济法的互动进行了分析。指出二者价值差异的根源在于经济思想、公平理念和利益观的差异。二者价值体系在总体上具有一致性、谐和性和互补性。同时揭示了他们间的文化与精神的互补、功能的相互矫正及调整对象的交叉。 相似文献
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There has been a significant increase in the litigation of selective enforcement cases based on racial profiling claims. This trend has resulted in two legal issues that are problematic for racial profiling research. First, selective enforcement claims that rely on statistical evidence must successfully measure “similarly situated persons” who were eligible for police stops to provide a comparison against those actually stopped by police. Second, the research must demonstrate “how much” statistical evidence of racial/ethnic disparities exists. Although these legal components are necessary for successful selective enforcement claims, the methodologies and statistical analyses currently used in racial profiling research cannot adequately address these issues. It is argued that the over-reliance on social science research, in general, and statistical techniques, specifically, to provide evidence of discrimination in selective enforcement cases places policing research and legal decision making at a crossroads. 相似文献
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The House of Lords has held that, to claim entitlement to another'spatent or patent application, a person need only prove thathe was the inventor of the subject-matter of the patent, anddoes not also need to invoke some other rule of lawas required previously by the Court of Appeal in Markem v Zipher[2005] RPC 31. 相似文献
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Bruce A 《Journal of law and medicine》2002,9(3):323-335
The reality of cloning and stem cell research has provoked wonder, fear and anger. These developments have the potential fundamentally to alter humanity. But how well informed is the range of views being expressed? Is progress being threatened by understandable but uninformed fears? Or are scientists rushing toward an ethical abyss, so concerned with what they can do that they never stop to ask what they should do? This article identifies some of the fears and hopes surrounding cloning and stem cell research. It aims to provoke ethical debate in evaluating such research. 相似文献
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The Court of Appeal rules that a patentee's entitlement to financialcompensation following the final determination by a UK courtthat its patent is both valid and infringed cannot be underminedby the subsequent revocation of that patent in opposition proceedingsin the EPO. 相似文献