不争执条款的反垄断法分析

知识产权许可协议中的不争执条款既有阻碍竞争的消极影响,也有其积极的一面。美国、日本、欧盟在认定不争执条款的效力时采用了基本相同的方法,即一般指导原则下的个案分析。它们运用一套以反垄断法为基础的具体规则,将宏观经济背景、技术发展水平、市场结构状态、权利质疑成本等因素类型化、具体化,主要依合理原则进行考量,协调知识产权政策和竞争政策的变化。我国应当甄别性地借鉴国外的成熟经验,不断完善不争执条款的立法和执法。     

司法实证分析

纯理性的、纯思辨的分析在法学研究中的局限性越来越明显,司法实践越来越需要实证分析的方法.实证分析的方法,就是如何获得知识的知识,怎样获得一个研究成果的过程和方法.实证分析强调三个意识:样本意识、量化意识、半知意识,还必需具备三个条件:理论资源、案例资源、量化分析手段.     

新农村建设中的法制困境及对策思考

农村法治是推进我国社会主义新农村建设的根本保障。多年来农村与城市在经济、政治、文化、社会生活等多方面的差别决定和影响着中国法制建设的二元状态。鉴于我国是一个传统农业国家、农村人口众多和农村社会主体法治意识不强等原因,农村法治在社会整体转型的特殊时期面临着法治困境,需要我们从整体性和差异性着眼探寻现代农村法制建设方略,以期加快我国法治进程。     

Interpersonal Factors in the Risk for Sexual Victimization and its Recurrence during Adolescence

Being a victim of sexual aggression from a peer is a common experience among adolescents and poses a significant risk for various forms of psychopathology. Unfortunately, little is known concerning specific interpersonal factors that increase an adolescent’s risk for experiencing sexual aggression. The current study assessed the contribution made by several interpersonal factors both for the first and repeated experience of becoming a victim of sexual aggression from a peer. Data were collected annually from a longitudinal sample of 200 adolescents over a period of 4 years and were analyzed using multiple-spell, discrete-time survival analysis. Approximately 46% of the adolescents reported experiencing some form of sexual aggression by the end of wave 4. Further, 65% of victims reported experiencing a repeat incident of aggression. Females were at higher risk both for initial and repeated victimization, as were adolescents with more sexual experience and higher levels of rejection sensitivity. Results are discussed in terms of implications for future prevention efforts.

Does the amount of participation matter? Public comments,agency responses and the time to finalize a regulation

The notice and comment rulemaking process is a fundamental part of how agencies write regulations. While this process is starting to receive more empirical attention, the question of how the number of comments that an agency receives affects its decision-making process has received little examination. This paper uses Boolean analysis to examine nine rules from two agencies at the Department of Health and Human Services and evaluates the impact of a high volume of comments on agency changes to proposed rules and the time an agency takes to finalize a proposed rule. These nine cases suggest that agencies are most likely to change their proposals when they receive a high volume of comments on highly complex rules that are not very politically salient. Highly complex rules are also likely to take a long time to finalize when there are many public comments however it is often other factors that cause a long delay between proposed and final rules.

近期的印尼经济形势与政策调整

印尼经济经过1998年严重衰退后,从1999年和2000年开始缓慢走向复苏,但复苏的道路依然漫长。2001年印尼经济仍会增长,估计基本维持去年5％左右的水平,但不排除发生意外的可能。如果印尼再次发生政治和社会危机,印尼经济又将跌入危机的深渊。在印尼经济恢复的过程中,政治起着非常关键的作用。     

试论我国传统孝道的现代涵义

“孝”是中华民族的传统美德,如何继承和发扬传统“孝道”是中国现代家庭文明建没必须要回答和解决的一大课题。本文通过对我国传统“孝道”的辩证分析,指出“孝”是一个优弊共存的“杂糅体”,既有其适应时代发展的合理性因素,又有其阻碍社会发展的局限性,在当今时代,人们应当树立一种崭新的“孝道”观念、“养亲”、“敬亲”、“谏亲”应是现代“孝”道的主要涵义和内容。     

“欠发达”成因探析

欠发达地区落后的原因在哪里?是谁造成了欠发达地区的欠发达?本文独僻蹊径,从人为因素角度进行了深入的分析探讨。     

Governing the souls of young women: exploring the perspectives of mothers on parenting in the age of sexualisation

The sexualisation of young women has emerged as a growing concern within contemporary western cultures. This has provoked adult anxieties that young women are growing up too fast by adopting inappropriate sexual practices and subjectivities. Psychological discourses have dominated, which position sexualisation as a corrupting force that infects the ‘true self’ of young women, so they develop in abnormal ways. This in turn allows psychological practices to govern how to parent against sexualisation within families. To explore this further, six mothers each with daughters aged between 8 and 12 took part in one to one semi-structured interviews designed to explore how they conceptualised and parented against the early sexualisation of young women. A Foucauldian inspired discourse analysis was employed, which suggested that the mother's talk was situated within a psychological discourse. This enabled sexualisation to be positioned as a corrupting force that disrupted the natural development of young women through deviant bodily practices (e.g. consuming sexualised goods), which prevented them from becoming their ‘true self’. Through the disciplinary gaze of psychology, class inequalities were reproduced where working class families were construed as ‘chavs’ who were bad parents and a site of contagion for sexualisation.     

Understanding ‘The Panty Shanty’: off-campus house signs as cultural texts on gender and sexuality

Students at a large, prestigious, public university in the Midwestern region of the USA have a long-standing tradition of naming their rented houses off campus and communicating those names to the student body through displaying prominent and eye-catching house signs. Examples of signs names and visual characteristics are: ‘Betty Ford Clinic’ (featuring an image of a martini glass); ‘Morning Wood’ (referencing male sexual arousal and depicting a tent with a man's legs sticking out); ‘Time Well Wasted’ (written in pink over a beach scene and a martini glass); ‘Fox Den’ (images of a fox tail and a well-known sorority symbol); ‘Tequila Mockingbird’ (a play on words); and ‘Down on U’ (the sign references a sexual act for a house located on University Avenue). Through a socio-feminist and social constructionist perspective, the researchers use content analysis to explore how these house signs serve as cultural texts on gender and sexuality norms in the American undergraduate college setting. Based on our data, house signs reinforce dominant forms of gender ideologies, including hegemonic masculinity and emphasized femininity, both of which are associated with upholding and promoting institutionalized patriarchy (Connell, R. W., &; Messerschmidt, J. W. (2005 Connell, R. W., &; Messerschmidt, J. W. (2005). Hegemonic masculinity: Rethinking the concept. Gender &; Society, 19, 829–859. 10.1177/0891243205278639.[Crossref], [Web of Science ®] , [Google Scholar]). Hegemonic masculinity: Rethinking the concept. Gender &; Society, 19, 829–859). These house signs are also shown through the data to promote a campus culture of heteronormativity where partying, drinking, and casual sex are standards for social belonging, and where high rates of sexual assault persist. As opposed to viewing house signs as simply manifestations of student wit and harmless humor, the researchers critically evaluate if and how these visual displays serve as a mechanism through which gender and sexuality-related inequalities are perpetuated within a higher education institutional setting. Implications for students and their college campuses are discussed.