One Step at a Time: A Latent Transitional Analysis on Changes in Substance Use,Exposure to Violence,and HIV/AIDS Risk Behaviors among Female Offenders

The aim of this analysis is to identify latent subgroups of women based on substance use, exposure to violence, and risky sexual behaviors and quantify discrete stages of behavior change over time. Data comes from 317 women recruited from a Municipal Drug Court System in the Midwest. All participants were interviewed regarding their substance use and sexual behaviors, as well as their exposure to violence at baseline, a 4th-month follow-up, and an 8th-month follow-up. A latent transitional analysis (LTA), a longitudinal extension of a latent class analysis (LCA), was used to quantify discrete stages of behavior change. The results of our analyses revealed 4 distinct behavioral profiles in our sample: 1) women with high probabilities of risky sexual behaviors, exposure to violence, and crack/cocaine use, 2) women with a high probability of exposure to violence, and moderate sexual risk taking, 3) women characterized solely by a high probability of crack/cocaine use, 4) women with low probabilities of all factors. The proportion of women in latent statuses characterized by a high probability of crack/cocaine use did not substantially decrease over time. Women who experienced child sexual abuse, had a greater number of lifetime arrests, were older, and believed they had risky drug using behavior that needed changing at baseline were significantly more likely to be in higher-risk latent statuses. Targeted interventions tailored to crack/cocaine users, as well as a wide-spread need for trauma-informed interventions among females involved in the criminal justice system, are needed.     

从实践到理论:我国商标俗称保护规则研究——兼评美国“公众使用”规则

在同时涉及元商标权人1、第三方主体2、社会公众多方利益的商标俗称、简称、昵称、译名等纠纷中,相关利益的归属及分配问题在司法实践中颇有争议。为协调商标法中制造商激励与消费者保护两大价值目标的冲突,我国近来由商标主动使用论转向了被动使用论,美国司法实务则创造了公众使用规则。然而,对我国而言,被动使用论实不可取,美国公众使用规则仅有些许参考价值。实际上,纷繁复杂的表象背后仍是商誉、识别性和显著性等问题。唯有拨开迷雾,探究俗称保护的本质、正当性和必要性,才能合理界定我国商标俗称的保护范围和条件,在此基础上探寻与我国传统商标法理论及现行立法和谐融洽的裁判规则。