浅议涉外网络名誉侵权案件的管辖权问题

涉外网络名誉侵权行为的实施地不易确定,损害结果地为数众多,传统民事管辖权的规则面临挑战,目前国际上在理论和司法实践中存在着不同的观点和做法。我国立法也没有明确的规定。针对网络名誉侵权行为的特点,网络名誉侵权案件应由侵权行为地法院或被告住所地法院管辖,侵权行为地包括实施被诉侵权行为的网络服务器、计算机终端等设备所在地和受害人受损害的结果地,损害结果地是指诽谤言论的传播地,同时又是原告的住所地或居所地或工商营业所所在地或法人的营业地,如果侵权行为地和损害结果地不一致,由原告选择管辖法院。     

互联网经济对美国商标法中外国语商标之冲击

由于互联网的出现与普及,使得来自任何国家的信息、资料和图象现在都能从任何其他国家获取,而且货物和服务的跨国界流动也比以前更加便捷和快速。新经济中,市场地、地理及货物原产地的传统概念必须与此相适应并发生变化。在这种真正的国际电子空间中,跨国界网址的大量出现,对传统概念的商标或服务商标提出了重大     

Legal issues raised by private review activities of medical peer-review organizations

Increasingly, medical peer-review organizations are entering into contracts with insurance companies and self-insured employers to conduct utilization reviews and quality-of-care assessments. Such private review activities raise new legal issues, requiring analysis of state law as well as federal law. This paper analyzes several of the most important of these legal issues, and suggests some directions for peer-review organizations to take in order to avoid unnecessary legal problems.     

The relationship between crime and private security at US shopping centers

This paper uses self-report data from the 1993 National Shopping Center Security Survey to examine the growing problem of crime at shopping centers located in the United States. Security managers from 369 shopping centers provided data on crime incidents, private security measures, and numerous shopping center demographic measures. Data are analyzed via LISREL using bivariate regression modeling. Results show that there is no direct relationship between the private security measures at the shopping center and the occurrence of property, violent, or public order crimes on the premises. Instead, private security presence is shaped by the size of the shopping center. Direct effects were also found between the incidence of crime on the premises and the size of the shopping center and the presence of various “problematic” persons (i.e., gangs and loitering groups of youth). Possible implications for shopping center security are considered.     

Extraterritorial enforcement: US court refuses to enforce foreign patents

Upholding principles of territoriality, the US Court of Appealsfor the Federal Circuit has refused to extend its jurisdictionto enforce related foreign patents.     

US tax treatment of foreign grantor trust during the year of the Grantor's death

This article, specifically, addresses the US tax treatment ofa foreign trust that changes from a foreign grantor trust toa foreign non-grantor trust when the grantor (settlor) diesduring the year and how the trust accounts for its distributednet income and undistributed net income in the year of death.¹     

Review of employee privacy issues: Implications for law enforcement and other public and private sector agencies

It has been predicted that the number of lawsuits filed for workplace privacy violations will increase over the next few years primarily because of advances in technological innovations and a change in how workplace privacy is defined. This could have implications for law enforcement agencies as well as other public and private sector agencies. This article examines current interpretations of workplace privacy both in the public and private sectors and how courts have traditionally ruled on various types of privacy issues.     

Rediscovering the public/private divide in EU private law

This article explores the role of the public/private divide within EU private law. It shows that although EU private law cuts across the boundaries of public and private law, the conceptual distinction between these well‐established categories does matter within it and may lead to better law‐making in the EU more generally. The legal grammar of a particular EU harmonisation measure—which can be more “public” or “private”—may have important implications for the position of private parties at national level, for the CJEU's likely activism in this context, and ultimately for the measure's ability to realise its policy goals. Therefore, instead of ignoring the existing differences between public and private law, EU law should explicitly adopt the public/private law language in its discourse, without, however, introducing any sharp divide between these two areas.     

Managing medical staff disability issues: liability of private hospitals under ADA Titles I and III

This Article examines the extent to which private hospital are liable for discrimination against medical staff members with disabilities, under the Americans with Disabilities Act ("ADA"). Specifically, the discussion focuses on the ways in which Title I, covering employment relationships, and Title III, covering places of public accommodation, apply to hospitals and their medical staff physicians. With respect to Title I, the author focuses on possible liability with respect to independent contractor physicians who have staff privileges at a hospital. The focus with respect to Title III involves claims filed by physicians against hospitals as places of public accommodation. The author concludes that the courts have applied the ADA in a manner broader than intended by Congress, and that private hospitals should assume that both Title I and Title III are applicable to staff privilege decisions. Therefore, any action that adversely affects a disabled physician should be supported by well-documented, objective evidence of a nondiscriminatory reason for that action.     

“公诉转自诉”案件中之自诉权探微

分析“公诉转自诉”制度设置的合理性和存在缺陷，并在此基础上从制度保障和救济措施两方面提出立法建议。     

Strategies for promoting technology transfer to the private sector

This article discusses alternative promotion strategies that public policy makers can use to increase the effectiveness and efficiency of technology transfer programs. Three transfer strategies are described; the passive, the role-directed, and the organization-directed strategies. Factors influencing the selection of one of these transfer strategies by policy makers are considered in detail.     

美国缓刑制度考察

美国缓刑是社区矫正方式之一,起源于中世纪英国,经19世纪40年代一名叫约翰·奥古斯塔斯的波士顿制鞋匠之不懈努力,逐步发展,目前已成为美国使用最为广泛的刑种。由于犯罪率的逐年上升,使用缓刑对缓解美国监狱的拥挤现象起到了至关重要的作用,同时也给美国带来新的问题。     

US patent infringement statute extends to the international market for copies of US software

In a patent infringement action involving the internationaldistribution of Microsoft's Windows software, the United StatesCourt of Appeals for the Federal Circuit has interpreted USpatent statute 35 USC section 271(f) as extending infringementliability to foreign computers assembled with copies of softwarereplicated abroad from a US-made master version.     

Research collaboration in the European community: Lessons for the US

Research collaboration between government, universities, and industry, as well as among member nations, has been a prominent strategy in the European Community's science and technology policy through the 1980s and into the 1990s. In the perspective of the Single European Act and 1992 Plan, this paper outlines the lessons from European research collaboration for the United States. The structure of the European Community's cooperative R&D programs are reviewed and support for the development of advanced materials is highlighted. In the context of the benefits from the European Community's programs, five policy implications can be discerned for the US: establishment of forums for industry and government to dialogue about research priorities, institution of programs to promote strategic industrial R&D through cost-sharing, encouragement of small and medium-size firms to cooperate in R&D in high-technology sectors, monitoring of European research and development programs, and development of reciprocity policies for foreign-company membership in national collaborative R&D programs. Mary T. Tyszkiewicz is senior research associate in the Technology and Information Policy Program at Syracuse University. She has an MS in inorganic chemistry from Iowa State University and MSc. in Science, Technology, and Industrialization from the Science Policy Research Unit at University of Sussex in Brighton, England.     

私法责任正当性刍论--在违约责任和侵权责任中求证

私法责任制度设定的直接原因是违反了法定或约定的义务 ,直接目的是要归结出一种法律上的否定性评价。从这个角度来说 ,私法责任制度是为了维护在先的制度权威而产生的后续制度保障。这种后续制度在理性表现和价值体现方面依赖于在先制度 ,但又不完全依托在先制度 ,也表现出本身的制度理性。