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Gaynor Johnson 《Diplomacy & Statecraft》2000,11(3):49-71
This article reappraises the complex relationship between Lord Curzon and Lloyd George in the years between the former's appointment as Foreign Secretary and the latter's fall from office as Prime Minister in 1922. It argues that the widely held view that Lloyd George held Curzon in contempt and marginalized him in the conduct of foreign affairs is not accurate. Their relationship is presented as being one of mutual respect and significant levels of cooperation. The article thus questions the extent to which the Foreign Office suffered an 'eclipse' in this period. 相似文献
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Phillip Johnson 《The Modern law review》2008,71(4):587-610
This article explores whether authors can dedicate their copyright to the public domain. Such dedications are becoming increasingly relevant as authors now see the expansion of the public domain as value in itself. This is facilitated by organisations providing pro forma documents for dedicating works to the public domain. However, there has been no real consideration of what, if any, legal effect a dedication to the public might have. This article suggests that such dedications are no more than copyright licences which, in English and US law at least, can be revoked at will. This means that users of such works must rely on estoppel alone to enforce any dedication to the public domain. 相似文献
766.
Abstract. The development and implementation of a government policy by a single ministry is a greater stimulus to creativity than a collective and inter-ministerial approach. Starting from the principle that creation is an individual act which emanates neither from administrative structures, nor from committees, nor from manuals of instructions, the author affirms that the conditions which favour creativity in a public or other administration are precisely those which awaken and increase the creative impulse of the human mind. In the individual method, the ministry alone formulates the policies which are within its competence. The other ministries affected by them are asked for their views and the possible constraints which may result, but only on a consultative basis. This method has obvious advantages for the ministry in question. The author suggests, inter alia, that the ministry be allowed to retain 50 per cent of any economies realized through greater efficiency in the execution of its policies. On the other hand, if civil servants misread ministerial intentions or ignore constraints imposed by other policies, they should pay the price, which may, in the final analysis, involve the dismissal of the minister or his principal policy advisor. In the collective method, the policy is not worked out by the immediately responsible ministry but rather by a committee including all the interested ministries. The dynamics of such an approach are very different from the individual method. Being more prudent and bureaucratic, it stalemates individual creativity and is prejudicial to innovative thinking. The constraints and the various interests are so well represented within the committee that they tend to dominate the debate and cause the ministry in charge to be on the defensive. In an endless discussion, the other ministries are hoisted with their own petard of counter-arguments, and the proposing ministry cannot put forward the positive advantages of the new policy. The resulting loss of time and energy is harmful to creativity. At the level of policy execution too, the author favours the individual approach which is both efficient and economical. The ministry in charge of the policy is far better placed to determine its implementation within the constraints which delineate its scope. Here, too, the author reaches the conclusion that creativity is better served than in the collective approach. 相似文献
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Vincent R. Johnson 《Frontiers of Law in China》2014,9(3):321
In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.” As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof, capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47. 相似文献
770.
Gabriel Rosser Toby Davies Kate J. Bowers Shane D. Johnson Tao Cheng 《Journal of Quantitative Criminology》2017,33(3):569-594