Dilution in the United States and European Union (and beyond) Part II: testing for blurring

Legal context. Dilution by blurring has often been accused ofbeing a vague concept which is difficult to understand and whichhas no sensible limits. Mindful of the need for certainty inthis area, the US Senate and House of Representatives have passedthe Trademark Dilution Revision Act 2006. This Bill (which isdiscussed more generally in Part I) includes a definition ofblurring and a six-point test for blurring. Meanwhile, the EuropeanUnion has been steadily building up jurisprudence in this area. Key points. This part of the article focuses on dilution byblurring, considering how blurring is defined, how it is testedfor and whether US and EU blurring protection is in compliancewith the jurisdictions’ international obligations in thisarea (discussed in Part I). In particular, it considers thenew definition of, and test for, blurring under the US TrademarkDilution Revision Act 2006, and compares the position underthat Bill to the situation in the EU. Practical significance. Assuming that it enters into law, theRevision Act 2006 has serious implications for the proprietorsof famous marks doing business in the US. This article willinform the owners of such marks what protection they will benefitfrom and how this will differ from the protection they willget in the EU.     

Law versus Morality as Regulators of Conduct

It is evident that both law and morality serve to channel ourbehavior. Law accomplishes this primarily through the threatof sanctions if we disobey legal rules. Morality too involvesincentives: bad acts may result in guilt and disapprobation,and good acts may result in virtuous feelings and praise. Thesetwo very different avenues of effect on our actions are examinedin this article from an instrumental perspective. The analysisfocuses on various social costs associated with law and morality,and on their effectiveness, as determined by the magnitude andlikelihood of sanctions and by certain informational factors.After the relative character of law and of morality as meansof control of conduct is assessed, consideration is given totheir theoretically optimal domains—to where moralityalone would appear to be best to control behavior, to wheremorality and the law would likely be advantageous to employjointly, and to where solely the law would seem desirable toutilize. The observed pattern of use of morality and of lawis discussed, and it is tentatively suggested that the observedand the optimal patterns are in rough alignment with one another.     

Democratic Legitimacy and the 2000 Election

Law and Philosophy -     

From Zero-sum Game to Positive-sum Game: why Beijing tolerates Pacific Island states' recognition of Taipei

The Pacific Islands region might be regarded as one of the most remote and politically least significant areas in the geopolitical and economic considerations of world giants. However, as the regional order of the Asia–Pacific changes rapidly, China has shown more eagerness to engage the island states. Interestingly, Beijing's former arch-rival Taipei still maintains, arguably, considerable influence over the region. This raises a question that is thought-provoking: why is this status quo tolerated by Beijing? Drawing on empirical sources in relation to communication between Beijing, Taipei and these island states, by focusing on how Beijing handles the South Pacific region in general and the six non-recognizing states in particular, this article attempts to tackle the question by distinguishing the difference in Beijing's mentality today from that of 30 or 40 years ago. It argues that the zero-sum mentality of fighting against Taipei in the region has now been replaced by a positive-sum assumption to engage Taipei, as well as the pan-Chinese community in the world, via the PIS, regardless of whether they establish formal ties with Beijing or not.     

Parliamentary Voting Procedures in Comparison

Increasingly, scholars of legislative politics propose comparative analyses of parliamentary voting behaviour across different countries and parliaments. Yet parliamentary voting procedures differ dramatically across parliamentary chambers and ignoring these differences may, in the extreme, lead to meaningless comparisons. This paper presents a first glimpse at a comprehensive data collection effort covering more than 250 parliamentary chambers in 176 countries. Focusing on European legislatures it assesses what explains the differences in the rules among chambers. It is found that incentives linked to MPs’ visibility contribute to explain the transparency of the adopted voting procedures.     

Till Immigration do us Part? Public Opinion and the Dilemma between Immigration Control and Bilateral Agreements

As a result of the initiative against mass immigration (MEI) Switzerland faces a dilemma between control of immigration and the continuation of bilateral agreements. This contribution raises two questions: First, have Swiss citizens' perceptions regarding the incompatibility between immigration control and bilateral agreements evolved since the vote on the MEI in February 2014? Second, what would Swiss citizens decide if they had to choose between the implementation of the MEI and the continuation of the bilateral strategy? We ground our analysis on data from the VOX surveys regarding the MEI and the more recent vote of November 2014 (Ecopop initiative). While Swiss voters still seem to be uncertain about the issue of compatibility, they nevertheless show support for the continuation of the bilateral agreements. Our analyses highlight the importance of age, trust in government and left‐right orientation for individual opinions towards the bilateral way.     

Farmer-to-farmer extension: opportunities for enhancing performance of volunteer farmer trainers in Kenya

Farmer-to-farmer extension (FFE) is playing a complementary role to formal extension services in facilitating the spread of agricultural technologies and improving farmers’ capacities. The effectiveness and sustainability of such programmes depend on volunteer farmer trainers (VFTs) having technical skills and overcoming process-related challenges that hinder them from achieving the desired outcomes. This article uses quantitative and qualitative data collected from seven sites to explore the challenges experienced by VFTs as they share their knowledge on livestock feed innovations in a dairy development project in Kenya. Sustainable opportunities for enhancing VFTs’ performance are discussed.     

Sex Determination by Discriminant Function Analysis of Lumbar Vertebrae

Sex determination is critical for developing the biological profile of unidentified skeletal remains. When more commonly used elements (os coxa, cranium) for sexing are not available, methods utilizing other skeletal elements are needed. This study aims to assess the degree of sexual dimorphism of the lumbar vertebrae and develop discriminant functions for sex determination from them, using a sample of South African blacks from the Raymond A. Dart Collection (47 males, 51 females). Eleven variables at each lumbar level were subjected to univariate and multivariate discriminant function analyses. Univariate equations produced classification rates ranging from 57.7% to 83.5%, with the highest accuracies associated with dimensions of the vertebral body. Multivariate stepwise analysis generated classification rates ranging from 75.9% to 88.7%. These results are comparable to other methods for sexing the skeleton and indicate that measures of the lumbar vertebrae can be used as an effective tool for sex determination.     

Strategic Challenger Entry in a Federal System: The Role of Economic and Political Conditions in State Legislative Competition

Over a third of state legislators do not face challengers when seeking reelection. Existing analyses of state legislative contestation almost exclusively focus on the stable institutional features surrounding elections and ignore conditions that change between elections. I remedy this oversight by investigating how political contexts influence challenger entry. State legislators—particularly members of the governor's party—more often face opposition during weak state economies, but the president's copartisans are even more likely to receive a challenger when the president is unpopular. My findings suggest that both national‐ and state‐level political conditions have an important impact on challengers' entry strategies.