“现代化冲击下的世界”丛书总序 以西方眼光衡量,中国人常被认为过份倚赖与尊重群体 另一方面,中华民族作为一个整体,却又十分自足,即使受 到外界极大刺激或面对种种炫惑,也往往无动于中。从中国 近代学术史的发展趋向来观察,这种看法似乎是不无道理的 在上一个世纪,讲求西学的前驱如魏源、王韬、郑观应等犹 如空谷足音,响应乏人,固不待言
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Beyond Preemption: The Law and Policy of Intellectual Property Licensing Mark A. Lemleylt Table of Contents Introduction ion Retween article and Int I. The Tension Between Article 2B and Intellectual Property A. Article 2B's Expansion of the Scope and Power of Contractsintellectu B. Potential Conflicts with Intellectual Property Law
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This paper contains the chapters on public enforcement of law and on criminal law from a general, forthcoming book, Foundations of Economic Analysis of Lany(Harvard University Press, 2003 ). By public law enforcement is meant the use of public law enforcement agents
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The financial privacy law passed by Congress in 1999 has been the target of scathing criticism. On one side, banks and other financial institutions have complained about the high costs of the billions of notices sent to consumers, apparently to widespread consumer indifference. On the other side, privacy
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Customary international law is an enigma It is produced by the decentralized actions of states, and it generally lacks centralized enforcement mechanisms. Political science realists and some rationalist legal scholars argue that customary international law cannot affect state behavior: that it is\epiphenomenal.\ This article develops a model of an n-player prisoner's dilemma in the customary international law context that shows that it is plausible that states would comply with customary international law under certain
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COMPARATIVE LAW WITHOUT LEAVING HOME: WHAT CIVIL PROCEDURE CAN TEACH CRIMINAL PROCEDURE, AND VICE VERSA David A. Sklansky Stephen C. Yeazell' This is a plea for comparative work in civil and criminal procedure. We do not argue here that American civil and criminal procedure should be counterpoised more
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present discussion it is useful to distinguish among four crime different general approaches(three of which seek to reduce principally through the operations of the law enforcement criminal motivation), which are distinguished by their own and criminal justice systems. These \formal\ systems of set of objectives and techniques. These four approaches to rime pr enti control serve the dual purpose of deterring law-breaking crime prevention are:
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1. Introduction This section discusses the legal protection of information and the security issues of computer data and electronic information systems and is organised into four parts: First, it focuses briefly on the basic conceptual distinction between information and data, providing a basis of understanding of the primary object of legal and technical means of protection. Second, access to Government information will be discussed
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We might distinguish between two types of constitutional re- gimes, one codifying, the other transformative. A codifying consti- tutional regime aims at preserving something essential from the then- current constitutional or legal culture to protect it against change in the future; a transformative constitutional regime aims at changing g something essential in the then-current constitutional or legal cul- ture to make it different in the future. The picture of the codifying
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The foundational White Paper\Copyright and Digital Media in a Post-Napster World, by the Berkman Center for Internet Society and GartnerG2, explores a variety of issues surrounding the current digital media ecosystem. The White Paper examines
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