民法视野中的网络转载直接侵权之归责

网络转载行为在极大地丰富互联网信息的同时,也可能侵犯到著作权人的信息网络传播权。平衡网络发展与著作权保护之间的冲突是解决纠纷的正确思路。应当在明确界定网络转载直接侵权行为的基础上,以责任归结为路径,实行过错推定责任。     

无固定期限劳动合同若干问题的法律探讨

我国的<劳动合同法>对无固定期限劳动合同制度做了重大改变,引起许多争议,有必要对其进行法律探讨.无固定期限劳动合同制度符合社会法理念,在强制续签、解雇保护、违约责任等制度设计上应区别固定期限劳动合同,同时在相关法条的可操作性方面仍需要加强.     

有限责任视野下公司内部人控制的合理性分析

内部人控制是现代公司制企业中普遍存在的现象,运用股东有限责任制度、公司独立人格制度和权利义务对等原理对内部人控制存在的原因进行分析发现,就公司权力配置的应然状态而言,内部人控制有其存在的制度空间、组织基础和法理依据,其作为经营管理层面上的控制权,存在于股东有限责任制度所构建的权利和利益平衡体系之中.     

旅游合同中旅游营业人的民事责任

在由旅游营业人和旅客构成的旅游法律关系中,旅客经常处于劣势地位,如何保障他们的权益,是一个值得研究的问题.强化旅游营业人的民事责任,为旅客的损害赔偿提供多种救济途径,这应当是未来保障旅客的合法权益的一个行之有效的思路.     

保险人说明义务若干疑难问题研究

我国《保险法》第17条、第18条关于保险人说明义务的规定,其实施效果并不理想,实际情况是保险人不说明或说明流于形式化.对于非消费性保险合同、续保的保险合同、个别协商条款、非责任免除条款、法定免责条款,保险人无须履行主动说明义务.当前最重要的是促进保险条款说明方式的实质化:一是推进保险条款的通俗化,提高保险条款的可读性;二是促进责任免除条款说明方式的实质化.保险人未明确说明责任免除条款的,其法律后果仍应维持不产生效力的现行规定,而不宜引入国外的冷静观察期制度.     

Carpool Karaoke: deconstructing the directly lived experience of hearing oneself singing

The various ways whereby spatial conditions afford to monumentalize culture and to appropriate geographically demarcated places in terms of individual and collective meaning structures has been amply documented in urban cultural studies. However, considerably less attention has been paid to how cultural identity is produced against the background of musical temporality. By way of a phenomenological inquiry into the staged spectacle of James Corden’s (the host of CBS Network’s Late Late Show) Carpool Karaoke, this paper addresses the issues of directly lived experience and authenticity as facets of cultural identity. By critically discussing the assumptions of self-presence and auto-affectivity while singing and listening to one’s sung voice against the background of pre-recorded songs, the notion of directly lived musical experience is put to the test. Furthermore, by examining the dramaturgical scaffolding of Carpool Karaoke, the analysis points to wider implications for post-modern cultural studies in terms of an identified ironic reversal of modernist universal criteria of legitimacy in favor of a celebration of post-modern being-with inauthentically. The analysis of the selected Carpool Karaoke corpus utilizes a resourceful blend of phenomenological method, semiotics and interpretive videography while challenging embedded orthodoxies in the extant literature.     

Rhetorical citizenship: studying the discursive crafting and enactment of citizenship

This article argues for the relevance of a rhetorical approach to the study of citizenship, proposing the concept of rhetorical citizenship as a term for a fourth dimension of citizenship and as a scholarly approach to the topic in addition to the dimensions of status, rights, and identity commonly recognized in the literature. We show how this view aligns with current views of the multidi Citizenship Studies mensionality of citizenship, explain our use of the term rhetoric, and illustrate the usefulness of a rhetorical approach in two examples. In close textual readings both examples – one vernacular, one elite – are shown to discursively craft and enact different notions of citizenship vis-a-vis the European refugee crisis. We conclude that a rhetorical perspective on public civic discourse is useful in virtue of its close attention to discursive creativity as well as to textual properties that may significantly, but often implicitly, affect citizens’ understanding of their own role in the polity, and further because it recognizes deep differences as inevitable while valorizing discourse across them.     

Do Civil Wars,Coups and Riots Have the Same Structural Determinants?

The literature on political instability focuses on institutional and leader survival or outcomes like civil wars and coups. We suggest that this approach overlooks lower levels of instability and that isolating outcomes understates the likelihood that they are manifestations of similar structural determinants. We extend the notion of instability to encompass jointly but distinctly civil wars, coups, and riots. Our explanation focuses on the role of political institutions and the related ethnopolitical strife over state power. Using data from 1950 to 2007, we find that the three outcomes share some determinants such as a factional partial democracy and the exclusion from power of a large proportion of the population; the inverted U-shaped effect of political institutions is driven by a subset of semidemocracies; and there is a substitution relationship between civil wars and coups emerging from the composition of governing coalitions.     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.