“告那家伙”——全球知识产权竞争下跨国公司进入中国市场的路径选择

时下,在中国入世后跨国公司不断拓展中国市场的大背景下,司空见惯地发生着跨国公司通过诉诸法庭寻求解决和中国一些兼有市场管理职能的行政机构的纠纷,例如日本住友化工状告陕西省质监局案,美国“强生”与浙江名企“康芙娅”英文商标异议遭驳回     

Oliver Cromwell--The Grinch That Stole Christmas

Keeping track of legislative history—even within one’sown jurisdiction—is not always easy. Some sources—evenprimary sources—are obscure. One such instance is thelegislation of the English Interregnum. The English Common Lawconveniently smoothes over this disruption to legal continuityby means of a legal fiction. The restored monarchy takes effectas if the discontinuity had never taken place. Although notking de facto until 29 May 1660, Charles II is king de jurefrom the execution of Charles I on 30 January 1649. The regnalyears flow unabated for parliaments without a king, no lessthan they did for the 11 years that Charles I ruled personallywithout a parliament. Historians focus on the facts, while lawyers prescribe a greaterforcefulness to law. The Interregnum is a fact that for itsown time took precedence over law. Nevertheless, what is oneto do with the 10 years of intervening and often anomalouslyenacted legislation? The proponents of the Cromwellian Protectoratesay recognise it, while the Restoration Monarchists say ignoreit. There has already been a long drawn-out Civil War, so thecompromise is to leave the records hard to find and let thelegislation languish, thus providing one of the earliest examplesof political correctness. Under various rules of recognition, the intervening legislationof the Long and Little Parliaments, together with the Ordinancesof the Protectorate, have legislative status. As seen to satisfythe legislative protocols of their own time, such Acts and Ordinancesare arguably either statute law, or else, through subsequentparliamentary confirmation, are given the force of statute law. The fact remains that much of this extraordinary legislationremains hard to find. Rumours abound—especially in suchareas of highly disputatious, politically controversial, radicallyreformative, and otherwise outrightly pathological legislation.Until authenticated, one of the most obvious examples of apparentlyapocryphal, but obviously pathological legislation is that whichoutlawed the celebration of Christmas in England. This articletracks this legislation down to an Appendix to the Directoryfor Public Worship. According to its title, this was ‘anOrdinance for taking away the Book of Common Prayer and forestablishing and putting in execution of the Directory for thePublique Worship of God’. Although without royal assent,this was passed by the Lords and Commons assembled in the Parliamenton 4 January 1644/1645. This article is as much concerned withthe process of legislative research and legal authenticationas it is with the substantive and jurisprudential issues.     

Ten Years That Shook the World

Goethe once said, "It passed as though it had never been: those who shook up Russia are exactly the same." I confess that sometimes I think he may be right. Perhaps it is true: the "Gorbachev era" never existed, nor the hopes that flared so brightly ten years ago—the fervor; the rush of excitement; the happy, festive energy that swept up if not everyone, at least the most mobile and responsive segment of that society. That would explain why the results of the last decade seem to bear little resemblance to the thoughts, the expectations, and the plans we had then.     

A Reform That Will Take Three Years

In recent days, at the regular meeting of the government, the ministers and a number of governors considered, among other things, the question of preparation for the realization of federal law No. 131. It is this law that is to reform the system of Russian municipal formations. The recently elected governor of Saratov Oblast, Pavel Ipatov, was present at the meeting, and shared his view of this reform with "RG."     

原因自由行为探析

本文围绕着原因自由行为之法理的历史发展、体系位置、适用范围、与“同在原则”及完全昏醉罪的关系等问题进行了论述。就我国而言,最优的解决方案就是在刑法总则中设置关于原因自由行为的提示性条款,在分则危害公共安全罪一章中设置完全昏醉罪的条款。     

An Intermediate Sanction That Fosters the Mother-Child Bond

Abstract

Summit House is a residential alternative-to-incarceration program in North Carolina that operates in a home-like setting for female offenders and their children; the Program is designated an intermediate sanction. The Program has been recognized by experts in the field as a national model. And, in 1996 and 1998 respectively, it received two national awards-The President's Service Award and The Improvement of Justice Award. Despite national recognition and honor, however, little is known about the process by which the Program assists women in their role as mothers. This paper provides a process evaluation of the Summit House Program. To assess the Program, I reviewed an array of documents (e.g., resident manuals, incident reports, individualized treatment plans) and conducted a total of 44 interviews with administrators, staff, and clients. These individual face-to-face interviews took place in a private setting and averaged an hour in duration. Based on this information, I explain how the Program assists residents in building competency in the relationships they have with their children. The Program's strengths and weaknesses are highlighted and recommendations are offered for improvement.     

导致物权变动之法院判决类型

法院判决可以直接导致物权变动,而无须物权变动的公示.导致物权变动的法院判决包括民事判决和刑事判决,但主要是民事判决,且限于诉讼判决中的形成判决.在形成判决中,只有具有对世效力且包含物权变动内容的形成判决才能导致物权变动,具体包括分割共有物的判决、撤销合同的判决和撤销债务人损害债权行为的判决等.     

驯服权力何以可能?

缘于人的本性和社会生活现实,成立政府来统一行使权力已成为必要。设立政府的目的是实施社会正义和谋取优良生活。如何防止权力滥用造成奴役,是从古典到现代政治法律哲学的主题,并由此形成了三种典型方案。现代法治提供了最合理的制度化方案,其理性精神在于驯服权力。惟有奉行法治主义,公正、自由、和谐的幸福生活才具有可靠的制度保障。     

那些从未走远的人和事

作为庆祝中国共产党成立100周年的开年大戏《山海情》,为我们讲述了上世纪90年代以来,宁夏西海固人民在党和国家扶贫政策的引导下,在福建的对口帮扶下,通过奋斗获得美好生活的故事.2021年2月25日上午,在全国脱贫攻坚总结表彰大会上。     

The Problem That Is Global Warming: Introduction

Global warming poses significant challenges to society at every level, evading easy definitions that would make the usual instrumental approaches to policymaking and regulation a relatively straightforward task. The embeddedness of the carbon economy in contemporary methods of industrialization and development means that climate protection is at once a problem of environment, the global economy, and human rights. It requires us to understand the strengths and limitations of a regulatory approach, to tease apart the intricacies of international law and governance to find ways to turn economic, legal, and cultural norms toward creating climate justice. Sector specific approaches to dealing with human rights and refugees, as well as international relations based on interstate relations, also have limitations. These include insufficient capacity to appreciate the differentiated responsibility of various actors in the creation of this ecological crisis as well as creating obstacles in finding appropriate ways to motivate those with the most ability to reduce our impact on the climate. Mutual reinforcement and “virtuous” arbitrage across fragmented regulatory regimes might create new synergies with potentially positive transformative effects for climate protection. To achieve this, the development and maintenance of legitimacy is central. The articles in this edition tackle these issues and, taken as a whole, provide a springboard for future scholarship.     

论新保险法中存在的几个问题

现行保险法虽然进行了修改 ,但存在诸多不足。主要表现在遗漏了保险公司的重要组织形式———相互保险公司 ;限制了保险业的资金运用形式 ;忽视了无效的保险合同制度 ;缩小了保险代位权的适用范围     

The Ties That Bind: Multiculturalism and Secularism Reconsidered

The article examines contemporary controversies over the rights of Muslim women to wear various forms of the veil, in both France and the United Kingdom and argues that despite their apparent differences as political ideologies, both multiculturalism and secularism are deployed as techniques to govern difference. It traces a common philosophical lineage of these two ideologies, and their shared genealogical relationship to the subject of Enlightenment and post-Enlightenment thought. Drawing on Marx and Hegel, it argues that at the core of secularism and multiculturalism there lies the germ of a subject and law formed through a concept of culture that was to a great degree indivisible from religion. While secularism ostensibly decouples culture from religion to produce a common political culture, and multiculturalism purports to accommodate a diverse range of cultural and religious practices, both fail to accommodate difference that stretches the bounds of a citizen-subject defined according to Anglo-European norms of culture, which implicitly includes Christianity.     

韩日独岛历史恩怨难了

一韩日两国之间有一座小岛,韩国称为独岛,日本称为竹岛。长不过200米,全是礁石。这座小岛在韩日关系中的地位,犹如中日之间的钓鱼岛。独岛是一个面积比较小的群岛,分为东西两个主岛,由36个岩岛和暗礁组成。距韩国东海岸215公里,距日本岛根县海岸212公里。就是这样一个既小又不适合人居住的岛屿,却是日韩两国的必争之地,矛盾起源于经济利益。资料显示,由于独岛周边为寒流与暖流的交叉水域,所以海底暗礁里鱼类、贝类等海洋产品极为丰富。同时,虽然还没有被开发但根据鸟粪的遗迹而形成的磷矿大约可推定为16万吨。特别是加级鱼和明