Getting Tough on International Child Abduction

International child abduction, typically undertaken by one of the child's parents, has become an increasing problem in recent years, particularly in the United States. Parents have encountered serious difficulties in repatriating an abducted child. The 1980 Hague Convention on the Civil Aspects of International Child Abduction, signed by the U.S. and many other countries, establishes an international procedure for pursuing claims of child abduction. The Office of Children's Issues of the Bureau of Consular Affairs of the U.S. Department of State is the Central Authority that administers the Convention and its implementing legislation for the United States. In the author's view (and his alone), the Office of Children's Issues has not been sufficiently vigorous in seeking sanctions against countries that do not comply with the Convention. Even after Congress passed legislation in 2014 specifically directing the State Department to apply increasingly severe sanctions against noncompliant countries (the Sean and David Goldman Act), the State Department has still essentially failed to do so. Brazil is one signatory to the Hague Convention that the State Department itself has determined to be consistently noncompliant with the Convention since 2013. Yet the State Department has failed to impose significant sanctions on Brazil, among other countries.     

Better Government

The decline in future trend economic growth coupled with the ever increasing demands of an ageing population mean the public sector will need to deliver better for less. This will require a smarter bureaucracy using the latest behavioural advances and using wellbeing as a measure of success. Spending will need to be directed more to prevention rather than cure. Radical tax and benefit reform is needed to make work pay and offset the rise in inequality. Decision making could be improved by attracting more diverse, experienced people into politics by, for example, more use of open primaries, a level playing field for independent candidates and better training. Ministers could be set proper objectives and have constructive appraisals. A proposed Office of Taxpayer Responsibility could screen policies to avoid the worst ones, backed by no evidence, from being introduced as it is very hard to abolish bad policies.     

新形势下加强出入境边防检查队伍素质建设管见

出入境边防检查机关是国家对出入境的中外人员和交通运输工具施行检查和监督的政府职能部门 ,担负着维护国家主权、监护边境安全、维持口岸秩序、保障国家对外开放和经济建设顺利进行的重大使命。随着改革开放的深入和知识经济时代的到来 ,面对加入 WTO这个新课题和两岸经济互动的新态势 ,我们需要用全新的视角来审视边防检查工作 ,以新姿态迎接新的机遇和新的挑战 ,加强出入境边防检查队伍素质建设 ,以适应形势发展的需要     

篡改Microsoft Office办公文件的实验研究

本文利用现有的篡改Microsoft Office办公文件的工具和方法,设计了若干套篡改Microsoft Office办公文件内容、属性的实验方案,使用工具软件对Microsoft Office办公文件的属性进行检验和分析,总结出检验Microsoft Office办公文件的方法。     

论渎职犯罪主体中的几个问题

现行刑法分则第九章及刑法修正案(六)所规定的渎职罪,共有23个条文34个罪名。其中,现行刑法典吸收了1979年刑法和单行刑法及附属刑法有关渎职罪的部分规定,但缩小了犯罪主体的范围,仅限定为"国家机关工作人员"。因此,是否是国家机关工作人员关涉着渎职犯罪的定罪问题,明确"国家机关工作人员"的范围有着重要的理论和实践意义。由于我国刑法并未明确"国家机关工作人员"的具体含义,只是在《刑法》第93条规定了国家工作人员的范围,由此导致了在刑法理论界和司法实务界均存在较大分歧。本文拟就渎职罪的犯罪主体的几个问题予以论及。     

FUNDING COMMUNITY POLICING TO REDUCE CRIME: HAVE COPS GRANTS MADE A DIFFERENCE?*

Research Summary: This research examines how funding from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), has affected violent and property crime rates in the United States from 1995 to 1999. Drawing on six years of panel data, we examine the effects of three types of awards made by COPS to 6,100 law enforcement agencies serving more than 145 million citizens. We estimate their impact on crime reduction over time in jurisdictions receiving funding and controlling for baseline levels of crime, socioeconomic characteristics, city size, and population diversity and mobility. Our analyses suggest that COPS hiring and innovative grant programs have resulted in significant reductions in local crime rates in cities with populations greater than 10,000 for both violent and nonviolent offenses. Multivariate analysis shows that in cities with populations greater than 10,000, an increase in one dollar of hiring grant funding per resident contributed to a corresponding decline of 5.26 violent crimes and 21.63 property crimes per 100,000 residents. Similarly, an increase in one dollar of innovative grant funding per resident has contributed to a decline of 12.93 violent crimes and 45.53 property crimes per 100,000 persons. In addition, the findings suggest that COPS grants have had no significant negative effect on violent and property crime rates in cities with less than 10,000 population. Policy Implications: The findings of this study imply that COPS program funding to medium‐ and large‐size cities has been an effective force in reducing both violent and property crime. Federal government grants made directly to law enforcement agencies to hire additional officers and promote innovations may be an effective way to reduce crime on a national scale.     

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.     

试论美国反托拉斯法价值目标的变化

反垄断法的多种价值目标之间既存在协调性又存在着冲突。美国反托拉斯法价值目标的重心在不断变化。反托拉斯法产生之初，政治目的重于经济目的，偏重从价值趋向上体现经济自由和民主，谢尔曼法的执行更多的一种象征和姿态。从20世纪30年代起，竞争成了反托拉斯法至高无上的价值，人们对竞争的认识不断深化。进入70年代后，效率优先逐渐成为反托拉斯法关注的重点。在全球化背景和新经济条件下，技术创新对经济增长和提高产业国际竞争力的作用日益突出，保护创新成了美国反托拉斯法新的追求。引起这些变化的主要原因是国内外政治经济环境的变化。     

Software interoperability, intellectual property and competition law — Compulsory licenses for abuse of market dominance

Innovation is a shared purpose of both intellectual property (IP) and competition law. However, sometimes competition law conflicts with the interests of IP holders. This paper searches for an adequate criterion of practical concordance, which consists of evaluating, in the concrete situation, which of those regulations best performs the purpose of promoting innovation. It is considered that requirements of competition law shape IP regulations, but the internal limits of protection therein identified are not enough to safeguard concerns of competition law. In particular, European courts held that, in exceptional circumstances, IP holders with market dominant position can be compelled to grant licenses of IP protected goods, such as copyrighted information and software. Such lifting of the IP exclusion power finds its rationale in preserving competition and promoting innovation, which is particularly sensitive within the dynamic software market.     

THE “EYE OF THE BEHOLDER”: PROFESSIONAL OPINIONS ABOUT THE BEST INTERESTS OF A CHILD

Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children's interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario's Office of the Children's Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. In conclusion, the article suggests that a more efficient synthesis of the judicial and CCE decision‐making processes might be more consonant with the best interests of children involved in these disputes.