A very short guide to an awful lot

Harmonised Trade Mark Law in Europe By Ulrich Hildebrandt 2005,Cologne: Carl Heymanns Verlag Price: 48, Hardback, ISBN: 3-452-25922-6. pp.150   Dr Ulrich Hildebrandt, a lawyer in private practice in Berlinand a lecturer at the Heinrich-Heine-University in Düsseldorf,has had an interesting and useful idea. In this book he hasproduced a compilation of the case law of the European Courtof Justice interpreting the Council Directive 89/104 to approximatethe laws of the Member States relating to trade marks (includingdecisions     

Images of welfare in law and society: the British welfare state in comparative perspective

Designed by Beveridge and built by Attlee's post-war Labour government, the welfare state was created during the 1940s. Britain has been seen – in domestic debates and internationally – as a world first: the place where both the idea and the practice of the welfare state were invented. I draw together comparative welfare state analysis with law and society scholarship (previously largely developed in isolation from one another) – as well as using British political cartoons as a source – to develop a revisionist historical critique of this conventional wisdom. First, the British welfare state has always been comparatively parsimonious. Second, the idea of the welfare state seems to have its origins outside the United Kingdom and this terminology was adopted relatively late and with some ambivalence in public debate and scholarly analysis. Third, a large body of socio-legal scholarship shows that robust ‘welfare rights’ were never embedded in the British ‘welfare state’.     

The welfare family

This article analyzes family transformations resulting from the impact of social welfare policies and modernization in Guadeloupe, an island in the French Caribbean. The analysis is taken from a study of three-generational families in which a “pivot” member between 49 and 53 years of age, one parent, and one adult child were interviewed. The study, combining both quantitative and qualitative methods, concerns the forms of cultural, domestic, and economic exchanges between the generations, in addition to the various social welfare allowances received by the members of the families who were interviewed. The results show the complementarity between public and family forms of support. They also show how social welfare benefits have transformed the respective social status of different generations, the functioning of family solidarity, and the ways that poverty is being fought.     

Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law

With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a correlation analysis. The findings show that there is a clear relationship between welfare clients' own legal consciousness and their assessment of welfare officials' beliefs about the law. However, not all elements of their legal consciousness are relationally influenced by the same factors. Also, clients' self-reported compliance behavior is less relationally influenced than other elements of their legal consciousness. This study adds to our understanding of the mechanisms that constitute the production of relational and second-order legal consciousness and it contributes to the development of new research methods to study people's perceptions of law.     

The Buddhist Religion: A historical introduction

Journal of Indian Philosophy -     

附录一：美国麻省州紧急情况应对委员会

根据1997年2月27日通过、1998年12月17日修订过的地方法规定，设立州紧急情况应对委员会（SERC）的目的和授权依据，是1986年的超级基金修正案及再授权法的第三款以及“应急规划和社区知情权法”中所列明的。其职责如下：     

美国麻省州紧急情况应对委员会

根据1997年2月27日通过、1998年12月17日修订过的地方法规定,设立州紧急情况应对委员会(SERC)的目的和授权依据,是1986年的超级基金修正案及再授权法的第三款以及“应急规划和社区知情权法”中所列明的。其职责如下:协调超级基金修正案及再授权法第三款中规定的培训、教育、技术指导和向基层提供服务。划分各地的紧急情况应对责任区,指定并协调地方的紧急规划委员会并评审其应急规划。建立接收和处理紧急情况报告和其他信息,如监控设施的存货情况材料等的机构和处理程序,回应政府机构和公众对于信息的索取要求。为此,应指定一个官员从事信…     

Tribal child welfare. Interim final rule

The Administration for Children and Families (ACF) is issuing this interim final rule to implement statutory provisions related to the Tribal title IV-E program. Effective October 1, 2009, section 479B(b) of the Social Security Act (the Act) authorizes direct Federal funding of Indian Tribes, Tribal organizations, and Tribal consortia that choose to operate a foster care, adoption assistance and, at Tribal option, a kinship guardianship assistance program under title IV-E of the Act. The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires that ACF issue interim final regulations which address procedures to ensure that a transfer of responsibility for the placement and care of a child under a State title IV-E plan to a Tribal title IV-E plan occurs in a manner that does not affect the child's eligibility for title IV-E benefits or medical assistance under title XIX of the Act (Medicaid) and such services or payments; in-kind expenditures from third-party sources for the Tribal share of administration and training expenditures under title IV-E; and other provisions to carry out the Tribal-related amendments to title IV-E. This interim final rule includes these provisions and technical amendments necessary to implement a Tribal title IV-E program.     

Forms of fettering: application forms and the exercise of discretion in the welfare state

ABSTRACT

Application forms are often the compulsory interface between citizens and their social rights. Applicants for support must navigate the questions, checklists and blank spaces in often long, detailed documents to assert their social entitlements. Given their ubiquity and the central role they play in the administration of the welfare state, it is perhaps surprising that they have been neglected in favour of a focus on other documentation, principally policy and guidance. This paper argues that the non-fettering ground of review – a principle whose jurisprudence is tied to the design and use of policy – also engages application forms. Through an analysis of 271 application forms used to administer the localised Discretionary Housing Payment scheme in England, three examples of their fettering potential are provided: the imposition of exhaustive criteria; requiring the applicant to self-classify or disclose irrelevant considerations; and constraining responses through tied evidential requirements. By arguing that the non-fettering ground should not limit itself to one kind of document (policy) when administrators are so reliant on another (application forms), the paper’s broader agenda is to argue that principles of good administration should apply to all documentation used to administer social entitlement.     

A good introduction to publishing

Hugh Jones and Christopher Benson's book entitled, simply, PublishingLaw seeks to provide a useful and straightforward guide to copyrightlaw in the field of publishing. The accolades on the back statethat it is ‘an excellent, accessible, one-stop legal reference’and that it is ‘an invaluable resource for those practisingor studying the business of publishing’. Such praise bodeswell. The great tomes on copyright present a standard that is difficultto achieve. Laddie, Prescott & Vitoria     

American medical policy and the "crisis" of the welfare state: a comparative perspective

Health policy debates rarely include broad review of cross-national experiences with related social policies. This article addresses the connection between medical policy concerns and the development of welfare states in the advanced industrial democracies following the oil crisis of 1973-74. After examining the evidence about what actually occurred during the "crisis" years of the welfare state, the article relates the debates about the welfare state's crisis to American concerns about medical care in the 1980s. The distinctive American response to the fiscal strains of stagflation-more severe cuts in social spending than necessary based on the country's economic strength, threats of bankruptcy to produce small adjustments to large programs, and inability to address the problems of medical care as anything other than budgetary strain--is linked to American dissensus about the purposes of the welfare state.     

法医毒物动力学

本文作者针对法医毒理学的任务、发展趋势和面临的挑战，提出将法医毒物动力学列为法医毒理学新的分支学科，并阐述了法医毒物动力学的概念、研究目的和任务、研究对象、研究内容、研究方法、研究方向及亟待解决的问题。内容涉及毒物动力学、死后分布、动态分布、死后再分布、死后弥散、毒物分解动力学、毒物死后产生情况等。法医毒物动力学研究将解决中毒法医学鉴定中的许多问题，如尸体或活体中毒当时机体内毒物浓度的推断、死后腐败产生毒物与生前服毒的区别、生前服毒与死后染毒的鉴别、毒物进入机体时间、途径和方式的确定。     

The welfare courts: A socio-legal analysis of risk management through modern strict liability

The aim of the essay is to offer an adequate theoretical framework for a socio-legal analysis of risk management by the legal system. Law and risk are the two most important concepts to be clarified. Unlike the law, whose function consists in the temporal stabilisation of normative expectations, the perspective of risk is characterised by the possibility of changing the criteria for decisions based upon the evaluation of the consequences of those decisions. In the context of a modern society, characterised by an increasing demand for protection for people injured by new technologies, one observes certain difficulties in the attempt to adopt a risk perspective within the legal system. The result of this process is the new law of tort based upon the modern principles of strict liability. While strict liability can be shown to be effective in managing conflicts relating to technological accidents, its most negative effects are the increasing instability of legal structures and interference with the activities of other subsystems of society, such as medicine and the economy.