外观设计综合保护问题初探

外观设计由于其本身的特性 ,很难单独归入智力成果的某一类别 ,因此对其进行综合保护已成为趋势。本文通过著作权法、商标法和反不正当竞争法的角度 ,就外观设计之综合保护的可行性、意义进行了论证 ,并对我国相关立法的完善及有关法律适用问题作了分析     

当事人诉讼成本与程序设计

当事人诉讼成本由诉讼费用、律师费、差旅费等构成,诉讼隐形程序、发回重审制度之缺陷、诉因不当选择将直接导致诉讼成本的增加。降低诉讼成本、提高诉讼效益的主要途径包括健全诉讼费用相关制度,确立公正的诉讼程序、保持司法独立等。     

Dimensions of Authority in Oversight Agencies: American and Australian Comparisons

Fraud, waste, and abuse damage public administration. Responding involves law enforcement and best practice administration. Many jurisdictions create watchdog agencies to perform this role. A model, which includes seven dimensions of jurisdiction and authority that policymakers should consider when creating an oversight entity, is presented. The model goes beyond the simple functional jurisdiction, i.e., who is overseen and how oversight occurs. Four subnational watchdog agencies in two countries are examined to demonstrate the trade-offs that occur in each dimension when the agencies are designed. This analysis demonstrates there are significant balancing issues at stake, which impact watchdog effectiveness.     

Assessing Knowledge Retention,With and Without Simulations

This study examines the effectiveness of teaching with simulations, compared to active learning without simulations. It utilizes an anonymous extra-credit pop quiz on four topics, each taught with a different method: (1) simulation and in-class debriefing; (2) simulation only; (3) in-class discussions with an accompanying research essay; and (4) in-class discussions only. The study presents a range of assessment techniques used in simulation literature, and suggests the use of the anonymous extra-credit pop quiz as a simple and familiar teaching practice, but an overlooked assessment tool for simulations. The study presents the “Iranian Plane” simulation developed to teach decision making in crisis situations to political science undergraduates. It analyzes empirical evidence on knowledge retention with and without simulations based on students’ performance on the pop quiz 3 months after the simulation. The analysis shows that learning with simulation and debriefing together attains teaching goals set in advance. Simulation with debriefing was the most effective teaching mode for knowledge retention in terms of students’ performance in the quiz, simulation only was almost as successful, but learning without simulation was less efficient.     

Cohousing For Whom? Survey Evidence to Support the Diffusion of Socially and Spatially Integrated Housing in the United States

Cohousing is a resident-led neighborhood development model that clusters private dwelling units around collectively owned and managed spaces, with potential to address long-term social and environmental challenges in American metropolitan regions. To date, however, the cohousing model has been slow to diffuse beyond a demographically narrow following. This limited following may signal to policymakers that cohousing is an unappealing housing model, and therefore an impractical policy objective. Drawing from a survey of 1,000 American residents, the results of a multivariate regression model suggest that (a) many of the characteristics of the current resident population of cohousing in the United States have no statistical association with the individuals who indicate interest in cohousing nationwide; (b) other characteristics serve as better predictors of interest in cohousing; and therefore (c) the slow diffusion of cohousing is likely the consequence of inaccessibility rather than low appeal. Overcoming these challenges demands shifts in policy.     

Conflict,choice or geography? Explaining patterns of democracy in continental Europe

The ‘character’ of democracy is regularly summarised using political‐institutional measures of, for instance, ‘consensus’ or ‘majoritarian’ democracy. Yet, there is little quantitative‐comparative research on the origins of such configurations. Drawing on literature on endogenous institutions and constitutional design, this article proposes a model for the explanation of empirical patterns of democracy. Using a novel database of 26 continental (neighbouring) European democracies and Bayesian spatial modelling, the results indicate that while today's empirical patterns of democracy in terms of proportional power diffusion can be traced back to waves of democratisation rather than historical partisan power configurations, decentral power diffusion can partially be explained by socio‐structural factors, and spatial dependencies exist for all variants of power diffusion.     

Institutional design of ecolabels: Sponsorship signals rule strength

Ecolabels are designed to help consumers identify environmentally superior products and services; however, they are not all created equal. Some ecolabels have strong rules that promote environmental improvements, while others have weaker rules that permit free‐riding. Because information about ecolabel design and rule strength is typically not readily available at the point of purchase, consumers struggle to differentiate stronger ecolabels from weaker ones. We investigate whether ecolabel sponsorship is a signal that can help consumers distinguish between ecolabels according to the quality of their institutional design. Using data of 189 prominent ecolabels, we find that while most ecolabels have basic rules for environmental performance, monitoring, and conformance, the strength of these rules varies across labels according to sponsoring organization. Independent sponsors have the strongest ecolabel rules, followed by governments. Industry sponsored ecolabels have the weakest rule structures. Taken as a whole, these findings suggest that sponsorship may provide important information about whether an ecolabel is designed with rules that effectively condition firms to promote meaningful environmental improvements.     

Can the best interests of young people be met in residential care? An Ireland case study

The search for factors essential to the achievement of congruence in residential youth care services in Ireland led to the discovery of five critical success factors, each of which affects all three organizational levels of such services. These critical factors included: needs-led, not regulation-driven, care; senior managers with workforce responsibility require domain expertise; shared vision and purpose across three organizational levels; practice-led planning and service development; and bureaucratic policies and practices that are congruent with corporate parenting obligations to provide developmental care that serves each child's best interests.     

基层警务绩效评价的程序设计

基层警务绩效评价是一个复杂的系统工程,在这个系统中,基层警务绩效评价的程序是一个很重要的要素。程序设计如何,直接关系到评价的最终结果。因此,本文在遵循绩效评价的基本原则基础上,结合我国公安机关警务实际,提出了基层警务绩效评价的程序方案。