对竞业禁止纠纷若干问题探析

商业秘密作为企业的一种无形资产和知识产权的重要组成部分,已经成为企业技术创新的重要内容和进行市场竞争的重要手段。本文就企业与员工的利益如何达到一种相对平衡,避免员工离职后与企业发生不必要的纠纷进行初步探讨。     

Erzählungen des Kindes‐ und Erwachsenenschutzes: Eine Anwendung und Erweiterung des Narrative Policy Frameworks

The Child and Adult Protection Authorities (KESB) have been the subject of controversial discussion since their establishment in 2013. The reform of the Guardianship Law provided for an institutional shift away from local guardianship authorities to regional specialist authorities. This article uses the Narrative Policy Framework (NPF) to examine the history of today’s controversy, simultaneously proposing an analytic strengthening of said framework. Previous NPF studies summarize policy actors into opponents and proponents. As a result, we do not know whether different actors use different narratives. We therefore separate the expert from the MP discourse. The analysis shows that the experts' arguments for a new institutional arrangement and a person‐oriented narrative dominated, which put the fundamental rights of the persons affected by guardianship measures up front. The study contributes to the understanding of the current controversy, in which a person‐oriented narrative seems to be dominant again, directed against the new authorities.     

Hurdles to peace: a level-of-analysis approach to resolving Sudan’s civil wars

Why do some peace agreements end armed conflicts whereas others do not? Previous studies have primarily focused on the relation between warring parties and the provisions included in peace agreements. Prominent mediators, however, have emphasised the importance of stakeholders at various levels for the outcome of peace agreements. To match the experience of these negotiators we apply a level-of-analysis approach to examine the contextual circumstances under which peace agreements are concluded. While prominent within the causes of war literature, level-of-analysis approaches are surprisingly scant in research about conflict resolution. This article compares two Sudanese Peace Agreements: the Comprehensive Peace Agreement (2005) that ended the North–South war and led to the independence of South Sudan, and the Darfur Peace Agreement (2006) which failed to end fighting in Darfur. We find that factors at the local, national and international level explain the different outcomes of the two agreements. Hence, the two case studies illustrate the merit of employing a level-of-analysis approach to study the outcome of peace agreements. The main contribution of this article is that it presents a new theoretical framework to understand why some peace agreements terminate armed conflict whereas others do not.     

From Broken Families to the Broken Society

This article traces the development of the Conservative party's 'broken society' narrative, from its roots in William Hague's early invocations of 'social justice' to the evidence-based approach adopted by David Cameron. It considers relevant social trends over the period since 1970; summarises the Conservative party's attitude to family policy in government between 1979 and 1997; and shows how the Conservatives in opposition from 1997 onwards have become more focused on support for the marriage-based family, now a central tenet of Conservative social policy under David Cameron's leadership.     

British Communists and the 1932 turn to the trade unions

Abstract

The Comintern’s Third Period, 1928–1934, based on Stalin’s ‘second revolution’ in Russia, capitalist crisis and the claim that social democracy and fascism were twins, generated sectarian, ultra-left politics which proved inimical to Communist activity in trade unions. This article sheds new light on that issue by exploring three connected episodes: the British party’s (CPGB) renewed turn to the unions, heralded in the January resolution of 1932; the roles the Comintern and CPGB leader Harry Pollitt played in this initiative; and the subsequent attempt by Pollitt to revise the politics of union work. This triptych reviews both primary sources and recent historiography. It argues that some accounts have overestimated the novelty of the January resolution, blurred its meaning and exaggerated Pollitt’s part in it. The resolution did not attempt to change the line but its application. Its impact was limited. Bids to go beyond it were muddled and unsuccessful. The 1933 move towards the united front, and subsequently the popular front, was of greater significance in creating an effective Communist presence in trade unions than the events of 1931–1932.     

The Alien Child’s Best Interest Ignored: When Notions of Gendered Parenthood Meet Tightening Immigration Policies

ABSTRACT

This article investigates how arguments about the “child’s best interest” are constructed in court decisions on asylum and family reunification in Finland. The article brings together two strands of scholarship that have so far been rather separate from each other, namely that of the literature on family reunification and feminist family studies. Analysis shows that the best interest of the child is insufficiently addressed and other arguments sideline the evaluation of child’s best interest. Gender has an impact as the best interest of the child seems to play a more significant role in relation to motherhood than it does in relation to fatherhood. In general, the court did not deem motherhood or fatherhood central to the child’s development as such, but rather as something that became central if it could not be performed properly due to other reasons than separation. Considerations such as ties to either Finland or the country of origin, as well as the income requirement, can become factors that override the potential separation from a parent. Finally, the results are also compared to the child’s best interest evaluation in out-of-home placement cases from the same courts. Our analysis shows a stark contrast between these two types of cases. We show that whenever a child’s case falls under immigration law, even when simultaneously being handled within the framework of child protection, the main deciding factor is not the best interest of the child. Alien affairs are decided based on—almost solely—factors other than the child’s best interest, while the same Supreme Administrative Court rules on child welfare cases based on a very different interpretation of child’s best interest.     

Wisconsin Institutionalism: John R. Commons and His Students

This paper seeks to provide a close examination of the nature and history of the institutional economics that developed at the University of Wisconsin. There has been a significant amount of work done on the thinking of John R. Commons, but much less on the history of Wisconsin institutionalism more generally. The paper proceeds through an examination of the development of the Department of Economics at Wisconsin from the time of the hiring of Richard T. Ely in 1892; the faculty hired to the Department from the early 1900s through to Commons's retirement in 1933; the program of instruction offered, particularly in the late 1920s when the full complement of institutionalist faculty were present; and the areas of study and later careers of Commons's graduate students. It is argued that although Ely played a role in the development of Wisconsin institutionalism, it was Commons who became the center of graduate student work, and that the Department only took on its decidedly institutionalist character after the hiring of Commons and a number of his students as faculty. The program of study in the late 1920s was very heavily institutionalist in character with Commons providing a core course on value and valuation, and a notable emphasis in the fields of public utilities, labor economics, and statistics. Very little instruction was provided in neoclassical theory. Many of Commons's students went on to notable careers in the academic world or public service or both. Wisconsin students were heavily involved in labor legislation issues, and in the development and administration of social security. But a number of Commons's students went into academic careers, and many produced large numbers of PhD students themselves. The decline of Wisconsin-style institutionalism after World War II was not, as has been suggested, a result of Commons's students moving largely into non-academic careers, but of many other factors, including the rise of Keynesian economics, and the migration of what had been much of Wisconsin institutionalism into new schools of industrial relations.     

劳动争议影响因素的经济学分析

工资作为劳动关系运行的重要内在变量,直接影响着劳动争议的发生,而劳动争议作为劳动关系运行的一种冲突形式,必然与劳动关系法制有着密切联系。由此可见,工资和劳动法制是影响劳动争议的两个重要因素。因此,为减少劳动争议,构建和谐劳动关系,工会应从党政主导转向积极维护劳动者权益,实现其角色的本位回归,从而有效地预防和妥善处理企业所发生的劳动争议;政府则应当完善劳动争议处理机制,建立选择性劳动争议解决方式,让实体权利能够通过程序予以落实。     

英国劳动制度改革及其对劳资争议处理的影响

自1950年代,英国的劳动制度改革经历了从“自愿主义”到“新自由主义”为指导原则的转变.1997年新工党执政以来,劳动制度的改革在“新自由主义”的继续影响下,反映出政府试图能够在经济效率与工人发言权之间找到平衡.然而,严格的法律规制使劳动争议的处理在实际操作中陷入了困局,并导致新的更加灵活的劳资争议处理方式受到广泛认同.这说明英国劳动制度的改善需要兼顾规范性和灵活性两个方面,才能成为真正调节劳动关系,处理劳资争议的有效手段.     

预防和处理集体劳动争议心理对策研究

当前不同利益群体之间的矛盾尤其是劳动关系矛盾日趋复杂,各种类型的集体劳动争议案件逐年上升,已严重干扰和阻碍了社会的稳定和发展,成为各级政府着力解决的热点、重点和难点问题.本文分析了集体劳动争议的现状及特点,在此基础上用心理学的理论探讨了有针对性的、可行的预防和处理集体劳动争议的心理对策,对降低集体劳动争议的发生率和破坏程度,促进社会稳定与和谐具有一定的理论价值和现实意义.