对网络侵权案件的司法管辖权

网络空问的存在及其全球性、管理非中心化的特点,使国际私法中司法管辖权发生动摇,为此,各国都在进行探索,但做法不一,由此在司法实践中引起了一定的混乱.为了探寻新的管辖模式,学者们提出了管辖权相对论、网址来源国法规则、国际礼让原则、最低限度联系原则等不同的观点.针对这种情况,笔者提出了解决网络管辖权争议的几点设想,即充分考虑网站的互动性、限制网络以外的促销或广告、慎选交易对手所居住的地区、尽量利用契约加以约定,注意广告的内容与免责声明等.     

Trade marks, language, and the net

The rise in the popularity of the internet has fuelled a boomin cross-border communication, and brand owners have both sufferedand profited as legal systems have struggled to keep up. Ifa Singaporean entity advertises its goods on the internet, canit infringe a French registered trade mark? Does it matter ifthe Singaporean website is in French? After several halting starts, many of the     

千亿元网吧产业受阻连锁化

市场规模近千亿元的国内网吧产业正面临调整——监管部门最近彰显的网吧连锁化改革的决心，不仅让单体网吧担心陷入经营窘境，围绕网吧产业有可能形成垄断、暴利的争议也将伴随而至     

Estimation of net benefits of residential electronic security

Home surveys and ethnographic studies have demonstrated that alarms are effective in deterring intruders. Local police departments across North America, however, face significant difficulties in responding to ever-increasing false activations and in managing alarm registrations. Local, county, and state governments must know whether alarms create a net benefit or a net burden to society as a whole. In this paper, all social costs and benefits are computed, and a positive annualized social net benefit is realized. Benefits include avoidance of property losses and personal injuries from both burglary and fire. Costs include installation and utility charges for systems and police response. The results of the analysis provide public policy suggestions for police involvement in alarm activities and for effective alarm-related ordinances.     

浅谈网上付款购物的法律意识

网上购物可以克服实体交易环境中对消费者的障碍,提供更多的购物机会及便利性,但网上购物的模式与消费者所熟悉的传统实体购物环境的经验有所不同,消费者无法直接面对商家,无法事先检查产品,无法就交易条件与商家进行直接沟通,存在着潜在的风险,作者从消费者的角度出发,分析了网络购物的特点及当前制约消费者购物的主要因素,提出了提高消费者自我保护意识的主要对策。     

The dynamic evolution of the Greek regional net fixed capital time series

This paper investigates the impact of different depreciation methods on the dynamic characteristics of the Greek regional net fixed capital series. Using annual data over the period from 1974 to 2006, Karpetis and Zikos (Int J Econ Res 11(2):333–354, 2014) constructed the series of nominal net fixed capital in the case of the thirteen administrative regions of Greece, applying four different depreciation methods of capital. In the context of the present analysis, these series were initially deflated, using the country’s G.D.P. deflator (2005 = 100), and subsequently were exploited to investigate their dynamic characteristics through estimation of the best fitted ARIMA(p,d,q) models and determination of the roots of the characteristic polynomials. The statistical findings reveal, firstly, the impact of the employed depreciation methods of capital on the evolutionary pattern (monotonic or sinusoidal) of the series and secondly, the slow convergence of the Greek regional net fixed capital towards its long-run equilibrium value.     

Support seeking,system avoidance,and citizenship: Social safety net usage after incarceration

Scholars have long described the American penal state and welfare state as joined by a common logic of social marginalization. But researchers have only recently begun to explore how the individuals who pass through the carceral system also interact with welfare state programs. Using data from the National Longitudinal Survey of Youth 1979, in this article, I explore how formerly incarcerated individuals make claims on the welfare state and how participation varies across social programs and states, as well as by race, drawing on theories of social welfare rights-claiming and system avoidance. In so doing, I provide the first nationwide estimates of the extent to which previously incarcerated adults use social safety net resources. I find that participation in welfare programs varies with incarceration history, program structure, and race. Rather than finding patterns consistent with system avoidance, I find that previously incarcerated White Americans seem to engage in active rights claiming, participating in public assistance programs more than similarly eligible never-incarcerated counterparts. All formerly incarcerated individuals, however, have limited access to more generous social insurance programs, and the shift to an increasingly employment-based social safety net seems likely to further limit access to the welfare state for the growing population of Americans leaving prison.     

Public charge,legal estrangement,and renegotiating situational trust in the US healthcare safety net

US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers negotiate safety-net resources. Drawing on ethnographic observations and interviews with 80 safety-net workers and patients in three US states from 2015 to 2020, I argue that intensifying anti-immigrant rhetoric surrounding public charge has extended a sense of surveillance into clinical spaces in previously unexamined ways. Drawing on theories of medical legal violence, system avoidance, and legal estrangement, I demonstrate how these dynamics undermined immigrants' health chances and compromised clinic workers' efforts to facilitate care. I also reveal how participants responded to this insinuation of legal violence in healthcare spaces by promoting situational trust in specific procedures and institutions.     

Alachua free‐net: Looking for the First Amendment at one outpost on the information highway*

Many communities are developing civic computer networks to provide citizens with free access to local information resources and the Internet. However, most networks restrict both commercial speech and any language deemed “objectionable.”; Whether such broad discretionary power violates the First Amendment depends on whether the networks are state actors. An examination of one such network, Alachua Free‐Net, reveals a close symbiotic relationship between the network and several local government entities. Symbiotic relationships between the state and a private party in other contexts have been held by the courts to constitute state action. Thus, Alachua Free‐Net appears to be a state actor and must conform its speech restrictions to the requirements of the First Amendment. Moreover, whether state actors or not, civic computer networks such as Alachua Free‐Net should commit themselves to providing full First Amendment freedoms to their users.     

Impact of the political and economic restructuring in Eastern Europe on the availability of net energy exports—An emprirical framework

The recent political changes will not only affect the domestic economies of the Eastern European countries but also important world commodity markets. This paper investigates the consequences for world energy markets. For this purpose, a disaggregated model of the Eastern European energy markets is developed that accounts for the introduction markets (‘pricing’) into the formerly central planned economies. Deregulation will stimulate conservation and will favour ‘noble’ fuels, i.e. oil, gas and electricity. (Potential) net energy exports will slightly increase by 1995 where gas exports could compensate for the decline in oil exports.