Trade marks plus? the role of trade marks in the global economy and the danger of over-protection

This article examines the economic role of the trade mark, both as a structuring device and as a means of adding value to products. It shows how its role as a flexible structuring device that provides a distinct focus for goodwill derives from the special meaning of the term “origin” or “trade origin” in trade mark law, this being what a trade mark is supposed to indicate. Firms can control the identity that a trade mark signifies and confers on the products with which it is used without being tied to any particular set of production arrangements. This article also considers how goodwill can be a source of economic benefit both through reducing transaction costs and, in some cases, through adding value to products. This article then examines the economic rationale for the legal protection of trade marks and shows how this is analogous to the rationale for awarding property rights over tangible resources and different from that for other forms of intellectual property right. The pressure to expand the legal protection of stronger trade marks is explored and it is accepted that there is an economic case for doing so. However, it is argued that the additional protection must be carefully calibrated through definitions that take account of its economic rationale and avoid the danger of over-extending it. In particular, this danger of over-protection arises from making a false analogy between stronger trade marks and the kind of intangible output that is the subject of the other forms of intellectual property right.     

States,Nations, and Territorial Stability: Why Chinese Hegemony Would Be Better for International Order

How would a hegemonic China shape international norms related to states, nations, and territoriality? Scholars have noted the conflict between the right of minority nations to self-determine and the right of states to maintain their territorial integrity. An unrestricted application of the former would risk considerable state fragmentation; an unconditional acceptance of the latter would condemn stateless nations to a subordinate status. Powerful actors like the United States have attempted to navigate these norms by specifying the conditions under which one norm should take precedence over the other, but such decisions are difficult to make in an international environment that lacks consensus, and the result is an ambiguous international order where conflict is common. I analyze the future of these norms in a Chinese-led international order, explaining why China would champion territorial integrity over self-determination, and why this would be better for territorial stability.     

Playing with Fire: Islamism and Politics in Bangladesh

This article examines Bangladesh in the context of the debate over the conditions under which Islamist groups are likely to subvert democracy or to be transformed by the democratic process. Bangladesh signals two conditions that play an important role. The first is the role of governments in promoting religion as a source of national identity. Successive governments in Bangladesh have consistently moved away from the promise of secularism that underpinned the creation of the country. The danger of establishing political legitimacy on the basis of religion is the absence of any authoritative interpretation of what religion requires in terms of public policy and how it can coexist with basic liberal freedoms and human rights. The second condition is the role of the government in providing and adequately regulating basic public goods such as education.     

Social rehousing policy in britain: Needs,rights, and choices

Abstract

When selecting among competing applicants for rehousing in social rented property, the perceived wisdom in Britain since the 1940s has been to award priority to households in the greatest housing need. “Need” is often defined in highly complex ways. However, a shift has occurred in local authority and housing association rehousing policies away from allocations made solely on the basis of need. This shift comes in response to the changing context in which social rented housing has operated in the past 15 years and to perceived weaknesses in needs‐based systems. Present policies are designed to address wider objectives, including developing stable communities and minimizing housing management problems.

This article examines these policy changes and the extent to which local housing allocations are used to address not only individual household needs, but also the concerns of local communities and wider housing management issues.     

Evaluating interviews which search for the truth with suspects: but are investigators’ self-assessments of their own skills truthful ones?

Self-evaluation of one’s own performance has been found in prior research to be an enabler of professional development. The task of evaluation is also a core component of a model of the investigative interviewing of victims, witnesses and suspects, being increasingly used throughout the world. However, it remains the case that there has been little research as to how practitioners approach the task itself. The present study examined the topic through the lens of observing how effectively 30 real-life investigators in the UK undertook evaluation of their interviews, representing almost the entire investigative frontline workforce of a small law enforcement agency in this country. Using an established scale of measurement, both investigators’ and an expert’s ratings of the same sample of interviews were compared across a range of tasks and behaviours. It was found that in almost all the assessed behaviours, requiring of the investigators to provide a self-rating, their scores tended to significantly outstrip those applied to the sample by the expert. Reasons are explored for the investigators’ overstated assessments. Implications for practice are then discussed.     

Preparing Child Welfare Practitioners: Implications for Title IV-E Education and Training Partnerships

ABSTRACT

High rates of child welfare practitioner turnover remain a national problem with significant consequences. Title IV-E education and training programs prepare child welfare practitioners for this line of work with the intent that they will create long term careers. This study analyzed qualitative data from a 2016 statewide electronic survey launched to obtain frontline child welfare practitioner feedback about workforce turnover and assist the agency in retention efforts.

Practitioner insight resulted in 189 responses specifically related to improving the state’s Title IV-E supported education and training program–the “Academy.” A qualitative thematic analysis identified three main themes: making it more realistic and hands on (n = 104), needing additional training and specific content (n = 45), and feeling overwhelmed with the experience (n = 40). Practitioner feedback illustrated the existing tensions with using a blended model to educate and train the workforce. Implications for Title IV-E education and training partnerships are discussed.