When women disappear from the labour market: occupational status of Dutch women at marriage in a modernizing society, 1865–1922

Between 1865 and 1922 the labour force participation of women at marriage dropped considerably in the Netherlands. At the same time, girls' educational participation increased and egalitarian gender values started to spread. We expect these developments to have affected the occupational status of those women who stayed in the labour market. Using a large dataset of Dutch marriages and municipal-level information on female labour force participation, educational participation, and an indicator of gender values, we show that women's status dropped until around 1885 and then started to rise. The retreat of women from the labour market coincided with a decline in the status of the women who remained, whereas, especially after 1900, the increasing educational participation of girls and the dissemination of egalitarian gender values counteracted this trend by causing women's status to rise.     

Associations between ward climate and patient characteristics in a secure forensic mental health service

Ward climate is associated with patient satisfaction and, potentially, with improved outcomes but increased understanding of its relationship with individual patient characteristics is required. We investigated relationships between patient (N?=?63) gender, perceived risk, risk behaviour, therapeutic engagement (session attendance), psychopathology and ward climate in a forensic psychiatric hospital. Lower security levels were significantly associated with better patient cohesion (PC), experienced safety (ES) and therapeutic hold (TH). Female gender predicted PC and ES. Higher perceived risk was associated with lower PC after controlling for security level and gender. Diagnosis of personality disorder or psychosis was associated with higher ES. Lower levels of engagement predicted greater TH. The relationship between patient characteristics and ward climate in forensic settings is complex. Prospective studies are needed to further establish determinants of ward climate, particularly those aspects of patient risk that are associated with poorer PC.     

Fundamental rights and private enforcement in the digital age

This article addresses the shift inthe paradigm of fundamental rights protection on the Internet. More and morethe enforcement of such rights is being delegated to private Internet operators, and the urgent question is how the task of balancing conflicting rights affects the status of Internet Service Providers (ISPs). The article examines the increasing privatisation of fundamental rights enforcementon the Internet, highlighting the impact of this trend. Following the analysisof recent developments, it argues that the pillars governing ISP liability should not be altered. In particular, the early determination that ISPs should not be presumptively saddled with content monitoring tasks should not be called into question. Therefore, the regulatory pressure on ISPs shouldbe lowered, as the spectre of liability, combined with ISPs' increasing role indeciding the proper balance between conflicting rights, unduly burdens the activity of ISPs and generates incentives to delete even lawful content.     

Ausgewählte Rechtsprobleme der Angelfischerei

Derzeit sehen sich Angler in Deutschland wiederholt und von unterschiedlicher Seite dem Vorwurf ausgesetzt, mit ihrem Hobby gegen das Tierschutzgesetz (TierSchG) zu versto?en. Im Wesentlichen stehen dabei zwei Angelpraktiken in der Diskussion, namentlich die Durchführung so genannter Gemeinschaftsfischen (dazu unter I.), sowie das Fangen und anschlie?ende Zurücksetzen zuvor geangelter Fische, so genanntes „Catch & Release“ (dazu unter II). Der Beitrag bezieht unter Berücksichtigung der Besonderheiten dieser Angelpraktiken, sowie unter Beachtung verfassungsrechtlichen Vorgaben – insbesondere von Art. 20 a GG – (dazu unter III.), Stellung zur aktuellen Rechtslage.     

Machiavelli and the Problem of Dictatorship

Machiavelli is the first modern political thinker who pays great attention to the magistracy of dictatorship. “Dictatorial authority,” as he puts it, is fundamental to the survival and prosperity of republics: It is the magistracy, the “ordinary mode,” to which they turn to deal with “extraordinary accidents,” political and military emergencies. Machiavelli's gaze is cast both on the Ancient and the Modern world: Although he concentrates on the Roman magistracy, he also pays attention to magistracies of the modern world that were in some way similar, such as the Council of the Ten in the Republic of Venice. In my paper, I will attempt to reconstruct the essential points of Machiavelli's discussion on dictatorship; in the concluding remarks, I will briefly tackle the more general question of the relationship between politics and law in his work as a whole.     

Swiss trade marks practice on misleading geographical indications

Legal context: Geographical references in trade marks are often used not onlyto refer to a certain territory of origin for certain goodsor services, but also to evoke desirable associations, imaginations,emotions, or ideas. The strict practice of the Swiss Trade MarksOffice often requires applicants to limit their list of goodsand services to certain countries. Key points: This abstract discusses the issues of geographically suggestivetrade marks in Switzerland, the strict test used by the SwissTrade Marks Office often requiring the applicant to limit thelist of goods to a specific country, the new stance the formerAppeals Board took in this regard, and how it was struck downby the Swiss Supreme Court, confirming the strict test of theTrade Marks Office. Finally, the article gives a solution onhow the issue of geographical references in trade marks shouldbe treated in order to match reality. Practical significance: It is important to know that the Swiss Trade Marks Office appliesa strict test when it comes to geographical references in trademarks. Usually, the applicant is required to limit the listof goods, although it is questionable whether the trade markreally suggests that the goods stem from a certain country.Foreign decisions are not binding for the Swiss Trade MarksOffice and in this regard usually disregarded.     

劳动者不再续约，企业要求赔偿“培训费”合法吗？

案情简介： 林某2006年高中毕业后到某饭店工作，并与饭店签订了期限为两年的劳动合同，即从2006年11月至2008年10月。2008年9月，林某提前一个月告知饭店合同到期后将不再续订，饭店同意。但一个月以后，在林某要求办理手续时，饭店却提出根据饭店2008年2月制订的《饭店员工须知》第18条的规定“凡到饭店工作的人员至少应服务五年……”。