构建和谐社会中的经济法制

和谐社会是人类奋斗的目标,要实现这一目标离不开法制建设,其中经济法制通过协调私人与社会、市场与政府、效益与公平的矛盾,通过促进和维护市场公平自由竞争,通过加强和改善宏观调控秩序,有效地促进、建设和实现着和谐社会的目标。     

Post-sale confusion

Legal context: Recent case law has established that post-sale confusion isrelevant to determining whether registered trade mark infringementhas occurred under UK law. This raises questions as to whatthat relevance is in practice and as to whether the common lawof passing off should develop accordingly so as to take post-saleconfusion into account. Key points: In this article, the authors review the case law on the relevanceof post-sale confusion to actions for trade mark infringementand passing off. They conclude that U K law does regard post-saleconfusion as relevant to trade mark infringement, provided thatthere is also sufficient similarity on a mark-for-sign basisat the point of sale. They argue that the tort of passing offshould develop in the same way. Practical significance: Brands can be harmed even where there is no confusion at thepoint of sale. The law's development to recognize this providesimportant weapons for brand owners, particularly in the contextof ‘look-alike’ products.     

Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.     

Validity and reliability of the VRAG in a forensic psychiatric medium security population in Flanders

Since the development of the Violence Risk Appraisal Guide (VRAG), one of the most widely used actuarial risk assessment instruments, numerous replication studies have shown its usefulness in predicting (violent) recidivism among various offender populations. It is not clear, however, whether these findings can be generalized to forensic psychiatric patients admitted to a medium security forensic psychiatric unit in the Flemish part of Belgium. Therefore, the main aim of this study was to test the predictive validity and reliability of the VRAG in a sample of 191 Flemish medium security patients. The mean follow-up period was 2.4 years. Contrary to the expectations, the VRAG was unable to significantly predict any kind of outcome. Possible explanations are discussed and further research with the VRAG in Flanders, and its recently revised version, is recommended.     

An experimental study of responses to armed police in Great Britain

Journal of Experimental Criminology - This study tested whether the presence of a firearm changed the way people reacted to police among a British sample. In an online study, participants were...     

T.H. Marshall and his critics: reappraising ‘social citizenship’ in the twenty-first century

T.H. Marshall's concept of ‘social citizenship’, developed in the 1949 lecture ‘Citizenship and Social Policy’, remains a vital study of welfare in developed nations. However, Marshall's social citizenship has come under attack as undermining civil liberties, or falling short of offering real equality to marginalised groups. This article returns to Marshall's lecture to show that he was in fact aware of such problems, but nonetheless held the provision of social rights to be a valuable normative project. Furthermore, this article argues that a new social citizenship, incorporating collective rights claims, could present a strong challenge to neoliberalism in contemporary welfare debates.     

Correction to: Do exchange rate changes have threshold effects on the trade balance? Evidence from Tunisia

Economic Change and Restructuring - In the original publication of the article, abstract section contains errors.     

Do exchange rate changes have threshold effects on the trade balance? Evidence from Tunisia

Economic Change and Restructuring - The main objective of this paper is to shed new light on the nonlinear relationship between exchange rate changes and trade balance. Different from...