对DVD专利纠纷案的法律思考

通过对中国电子音响协会和6C联盟就DVD专利纠纷的谈判过程及结果进行法律分析,笔者认为中方在谈判中被动的原因在于未能有效地拿起竞争法的武器与6C对抗,提出应用反垄断法对知识产权加以一定限制,在进一步考察了外国和台湾地区相关立法以及相关的国际条约后,指出台湾模式值得借鉴.     

Are Overlapping Local Governments Competing With Each Other When Issuing Debt?

Local public services are produced through various overlapping jurisdictions. This study examines how the issuance of municipal general obligation bonds is affected by the tax policies of overlapping local governments. The findings challenge the hypothesis that the shared tax base would be overused in a common-pool resource scenario. Instead, the empirical results show that the issuance of general obligation bonds is more likely in jurisdictions where counties and school districts make more intensive use of the property tax. These findings highlight the importance of the signals local governments receive from their overlapping neighbors regarding voters’ demand for additional public spending.     

From asset to patrimony: the re-emergence of the housing question

Abstract

The global financial crisis has ushered in a major housing crisis in many European countries. The paper seeks to shed light on why, despite massive housing crises, there are few policy efforts at tackling it. Probing into the policy paradigms that have informed housing policies, the paper demonstrates a shift towards housing as an asset before the crisis. Increasingly, housing policies have become interwoven with financial markets. This has led to a major policy mismatch after the crisis: while the return of the ‘housing question’ would have required renewed efforts at establishing housing as a social right, de facto policy makers sought to stabilise financial markets. The result is a paradoxical outcome, where neoliberal market-driven programmes are embedded in increased dependence on family wealth. The article demonstrates the shift from housing as asset to housing as patrimony in three different varieties of residential regimes, represented by Ireland, Denmark and Hungary.     

管理视角下的公安民警休息权保障对策研究

在当前社会形势下,公安工作日益趋于繁重,社会环境更加复杂,违法犯罪问题日益严重,这使公安工作面临着更大的挑战和压力。为了维护社会稳定,他们普遍长时间、高强度地工作,对身心健康造成了严重损害。本文在对警察休息权的现状、休息权的重要意义,民警休息权无法得到保障的原因等问题进行分析的基础上,用管理学的视角提出有效保障警察休息权的对策建议,希望有助于公安民警休息权的保障,也有利于提高公安工作效率。     

Terms of service and bills of rights: new mechanisms of constitutionalisation in the social media environment?

ABSTRACT

From a cursory look at the terms of service of the main social networking websites, it is immediately possible to detect that Facebook’s show a peculiar configuration. Although they represent a mere contract between private parties, these terms adopt the traditional jargon of constitutional texts and articulate their contents in terms of rights, principles and duties. This curious pairing between norms regulating social media and the constitutional sphere is also apparent in a series of non-binding documents that are unequivocally named ‘bill of rights’ and seek to articulate a set of principles to protect social media users. This paper examines whether the emergence of a constitutional tone in this limited number of texts could be related to the effective, or aspirational, constitutional function that these documents exercise. The identification of a series of significant shortcomings will lead to exclude that social media’s terms of service and bills of rights of social media users currently play a constitutionalising role. Nevertheless, the possibility to theoretically justify the use of these documents as mechanisms of constitutionalisation in the social media environment will be adduced as an evidence of the potential constitutional aspirations of these texts.     

论英国的犯罪信息公开制度——以加拉格尔案为切入点

在英国,犯罪信息公开制度一直是一个备受争议的话题。《欧洲人权公约》第8条规定,每个人都享有隐私权,任何侵犯隐私权的行为必须以“合法”和“必要”为前提。2019年初,在加拉格尔系列案的上诉程序中,犯罪记录披露措施是否违反《公约》第8条规定成为英国社会关注的焦点。在该案判决中,英国最高法院虽然支持了前科被披露人员的请求,驳回了上诉,但是,法官们对于犯罪信息公开制度是否符合合法性和必要性标准却存在明显的分歧。通过对该案的基本案情、主要争议点、英国最高法院法官的不同意见的分析,可以为发展和完善我国犯罪记录登记和查询机制提供参考依据。     

Legitimacy,self-determination,and conditional cooperators

ABSTRACT

This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.     

Make Hegel great again: on Hegel’s epistemological contribution to critical terrorism studies

ABSTRACT

Despite the contribution of Foucaultian inspired approaches to Critical Terrorism Studies, this article invites us to consider Hegel’s epistemological insights. Foucault’s power-knowledge nexus is an invaluable intellectual tool which reveals how terrorism can be a “social fact”, yet it rests on a genealogical account of history and a passive notion of subjectivity determined by power (regimes). Hegelian philosophy maintains some of the benefits met in Foucault’s approach (sociality and contingency of knowledge) while providing a richer epistemological account. This article introduces Hegel’s epistemological insights to: i) challenge the portrayal of terrorism as a major external threat against the western liberal democratic states in the vein of “New Terrorism” or the “Clash of Civilizations”; and ii) domestically explore how the concept of liberal democratic rights, equality, freedom affect the interpretation of counter-terrorist bills, the threat perception of terrorism and domestic polarisation. Hegel’s insights critically interrogate the notions of “liberal rights”, “equality” and “freedom”, revealing how their ambiguous definition accommodates inherent contradictions which can fuel a controversial interpretation of counter-terrorist bills, leading to domestic polarisation and (reciprocal) radicalisation. Therefore, Hegel’s epistemological insights reveal how the defective definition of human rights, equality and liberty can amplify the effects of Terrorism and radicalisation.     

Victim-warriors and iconic heroines: photographs of female combatants in Aceh,Indonesia

Analyzing photos and narratives of the “widows’ battalion” in Aceh, Indonesia that appeared in international and local print media between 2000 and 2002, this article traces how images of female combatants initially provided evidence of a uniformed, armed ethno-nationalist movement motivated by past state violence and linked to historical legends of women involved in armed resistance to colonialism. Subsequently, the heroines were recast as immoral young women pursuing inappropriate sexual relationships with the occupying military. The problems of intelligence gathering, double agents, and the indeterminate zone of overlap in which male soldiers collaborated in the past were rewritten as a problem of sexual or intimate relations that violated religious and cultural norms. In Aceh, the affective power and complexity of women’s positioning as both victim and combatant is fueled by the invocation of the iconic heroines of the anticolonial resistance and ideas about international human rights. Images and narration of the widows’ battalion appear to champion female combatants past and present, but in fact, contribute to the consolidation of the power of male commanders and combatants in the resistance movement. Analyses of human rights photography must consider the affective power of images beyond engaging the empathy of distant spectators to consider their role in conflict dynamics.