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951.
One of the most interesting and possibly disturbing developments in U.S. trademark law in recent decades is the rise of a federal remedy for trademark dilution. Dilution law in theory provides a remedy for owners of famous trademarks when others use similar marks in ways that blur or tarnish the famous mark. This article focuses on attempts by courts and scholars to formulate a methodology for proving this elusive cause of action. The article offers a history of dilution regulation and analyzes and critiques representative empirical approaches to proving dilution, with a focus on dilution by blurring. 相似文献
952.
Matthew Flinders 《The Journal of Legislative Studies》2013,19(3):73-92
Despite concerns regarding its practical utility the convention of individual ministerial responsibility remains central to any analysis of the British constitution. The convention forms the ‘buckle’ in the relationship between parliament and the executive. It is widely acknowledged that throughout the nineteenth and twentieth centuries the executive has gained the ascendancy in this relationship. Consequently, the enduring centrality of the convention rests not in its use by parliament as a tool with which to scrutinise the executive but, conversely, as a tool used by the executive to dismiss reform proposals that threaten its dominant position. This article reviews the way in which British government developed and particularly how this evolution gave primacy to a convention that contained mutually supportive yet contradictory strands. It then demonstrates the core argument of this article by examining two case studies ‐the introduction of freedom of information legislation and the incorporation of the European Convention on Human Rights. The article concludes by considering the wider implications of the continuing centrality of ministerial responsibility and the paradoxes and challenges it presents. 相似文献
953.
Matthew Seward 《The Journal of Legislative Studies》2013,19(3):39-57
Despite the importance of the positions, the Deputy Speakers of the British House of Commons are notable in their lack of academic and political coverage. The historical lineage of the offices can be traced back as far as the English Civil War, and the positions of Deputy Speaker and Chairman of Ways and Means developed separately until their combination in the last century. They now provide important support for the Speaker, and can assume nearly all of his or her powers in their absence, and retain specific and important responsibilities of their own. Three analytical models of power can be identified in the Deputy Speakers, ranging from autonomous, semi‐autonomous to independent in the exercise of their responsibilities and six types can be identified in analysing the motivations for MPs to accept the position. The Deputy Speakers are an often overlooked aspect of the British House of Commons, and are still a haven for those MPs who seek to be ‘parliamentarians’ rather than seeking ministerial office. Within certain parameters the positions are a reflection of the British political system, and whilst existing largely for administrative utility, should enjoy greater recognition. 相似文献
954.
955.
956.
The effectiveness of a number of the explosives contamination prevention controls that are adopted within the Forensic Explosives Laboratory (FEL) principal trace laboratory has been scrutinised. Within the trace laboratory, rigorous procedures for processing forensic swab samples for traces of organic explosives are routinely adopted by forensic scientists. In order to demonstrate the effectiveness of these procedures, and the principle of separating the sample from the laboratory and the forensic scientist, explosives-free swab samples and appropriate controls have been processed, in accordance with trace laboratory procedures, in several explosives contaminated environments. In all cases, no explosives were detected in the post-processing samples, demonstrating that the contamination prevention procedures are effective, robust and fit-for-purpose. 相似文献
957.
Matthew J. Sullivan 《Family Court Review》2004,42(3):576-582
The use of Psychologist Parent Coordinators in child custody cases (called Special Masters in California) is becoming increasingly prevalent across the country. This postdivorce parenting coordination role is a legal/psychological hybrid, demanding knowledge and skill in legal domains (legal procedure, relevant case law, etc.), psychological domains (child development, family systems, etc.), and dispute resolution (mediation and settlement processes). Situated in the interface of legal and psychological paradigms, Parent Coordination may be reviewed by multiple legal and psychological regulatory bodies. Coming from varying perspectives, the practice guidelines and mandates of these legal, ethical, and licensing agencies impose multiple standards of review of Parent Coordination. A brief overview of the legal and psychological review processes applicable to Special Master work in California, as they relate to common issues that confront the Parenting Coordinator across the country, is the focus of this article. They suggest that the current lack of coordination of review processes creates a minefield of professional risk for the psychologist who chooses to practice in this role. 相似文献
958.
Matthew A. Baum 《国际研究季刊》2004,48(2):313-338
This study investigates the differences in coverage of foreign policy by the soft and hard news media, and the implications of such differences for public attitudes regarding the appropriate U.S. role in the world. I find that, relative to traditional news outlets, the soft news media place greater emphasis on dramatic, human-interest themes and episodic frames and less emphasis on knowledgeable information sources or thematic frames, while also having a greater propensity to emphasize the potential for bad outcomes. I then develop a conceptual framework in order to determine the implications of these differences. I argue that the style of coverage of soft news outlets tends to induce suspicion and distrust of a proactive or internationalist approach to U.S. foreign policy, particularly among the least politically attentive segments of the public. I test this and several related hypotheses through multiple statistical investigations into the effects of soft news coverage on attitudes toward isolationism in general, and U.S. policy regarding the Bosnian Civil War in particular. I find that among the least politically attentive members of the public, but not their more-attentive counterparts, soft news exposure—but not exposure to traditional news sources—is indeed associated with greater isolationism in general, and opposition to a proactive U.S. policy toward Bosnia in particular. 相似文献
959.
In the wake of the Enron and Worldcom financial scandals that rocked Wall Street in 2002, the US government’s financial regulatory
body, the Security and Exchange Commission (SEC) took the unprecedented step in June 2002 of requiring that the chief executives
and chief financial officers of America’s 947 biggest companies to swear on oath that their company results and financial
reports were to the best of their knowledge accurate. The one-off order was quickly followed by the passing of the Sarbanes-Oxely
act, which will require many more CEOs and CFOs to certify their company reports and financial statements at regular intervals.
In this paper we apply a simple signalling model to examine whether or not this type of institutional signal of trustworthiness
is always efficient. We find that in the presence of signalling costs, the separating equilibrium can be socially inefficient
as well as causing a general loss of trust.
JEL classificationC72. D81. D82. K22 相似文献
960.
In a patent infringement action against the government, theUnited States Court of Appeals for the Federal Circuit interpreted28 USC section 1498 as rendering the government liable for theinfringement of a method patent only when every step of theclaimed method is practised in the United States and furtherheld that a plaintiff cannot allege patent infringement againstthe government as a Fifth Amendment taking. 相似文献