离婚财产分割中的知识产权问题

当事人在离婚分割夫妻共同财产时,如何处理知识产权,已成为不可忽视的问题。因其独有的特性,知识产权不属于夫妻共同财产,由知识产权取得的收益,则属于夫妻共同财产。知识产权的获得与收益的取得具有不同步性,必须根据具体情形认定婚姻关系存续期间知识产权收益的归属。在离婚时对知识产权收益进行分割可以采取平均分割、估价分割或保留分割请求权的方式。     

“反公地悲剧”视域下的大数据交易法律规制

“互联网+”行动时代的电子商务市场交易行为呈现多元化发展趋势,政府管制和产权确权问题无形中增加了资源稀缺的负担,资源整合和共享对大数据的交易造成了一定的影响,导致整个社会生产效率低下、优质资源配置无效,因此,大数据的安全交易行为需要破解和限制“反公地悲剧”的困境.为了使信息网络资源能够安全合理地被有效利用,实现治理层面的共识,据此,探讨我国大数据交易行为在“反公地悲剧”下引发的一系列根基,并给予对策.     

Gendered experiences of physical restraint on locked wards for women

Physical restraint is used in inpatient services for people with intellectual disabilities as a way of holding a person to avoid injury. This article uses data from an ethnographic study in a locked unit in the north of England to explore women’s experiences of physical restraint using a feminist disability studies analysis. Data consists of field notes as well as interviews with 16 of the women who had experienced restraint, and 10 staff who worked with them. The women gave insights into the gendered phenomenon of restraint in light of their past experiences of violence. The authors argue that restraint is used with women to encourage passivity at times when more relational and therapeutic methods could be used. The article offers recommendations for alternative strategies that services can encourage.     

Named social workers – better social work for learning disabled people?

In 2016, the Department of Health in England announced that it would pilot the role of Named Social Worker. We chose to be part of the pilot because we regularly witness too many people’s lives being defined by restrictions imposed by professionals. Erroneous associations between the concepts of risk and danger have become the norm in how learning disabled people’s decision-making is perceived and managed. However, we believe social workers educated in the social model of disability and grounded more generally in disability studies offer an alternative perspective. The pilot is an opportunity to test our hypothesis that social work practice rooted in social model thinking can successfully challenge oppressive practice and disabling barriers, thus providing the opportunity for social workers to genuinely be ‘servants not masters’ in the lives of disabled people.     

Towards an affirmative public domain

Two competing and yet complementary philosophical concepts form the foundation for the legal protection of intellectual property – ‘competing’ in that created works protected by copyright are unavailable for unrestricted use by others as a result of the economic monopoly given to the works’ owners, and ‘complementary’ in that the presumption is that works no longer protected by copyright serve as the basis for the creation of new copyrightable works. These unprotected works comprise the ‘public domain,’ which has never been affirmatively defined. In Golan v. Holder (2012), the US Supreme Court concluded that such a realm is constitutionally unimportant. This research contends, however, that the Court's decision is incorrect, that Golan, federal legislation, and international treaties threaten to bring larger and larger portions of cultural and intellectual content under the control of a property regime that does not understand the contradiction inherent in the notion of absolute property rights in intangible goods. The result is that the public domain is under tremendous pressure from those entities which have the most to gain from expanded authorial rights and from a weakened and less inclusive public domain. Citizens thus will have fewer rights to access and freely use their culture as they choose. The eventual significance of this evolution will be that further creativity and innovation will be stifled, the opposite of the intention of intellectual property law. In this article, we develop an affirmative definition of the public domain, which we believe will correct the imbalance in current intellectual property law.     

Belonging: women living with intellectual disabilities and experiences of domestic violence

Women with an intellectual disability are under-represented in domestic violence research, yet they are one of the most vulnerable groups who are at risk of violence and abuse. This article aims to contribute to the domestic violence field by reporting on a narrative dialogic performative study, which utilised a feminist poststructural perspective to explore significant relationships and the concept of belonging in the lives of women with a mild intellectual disability. Four in-depth narrative interviews were conducted. The study found that the women shared similar stories of devaluation and rejection in childhood and hence the women’s search for belonging contributed to their vulnerability to exploitation and abuse in domestic violence relationships. The paper argues that gendered discourses and constructions of intellectual disability regulate domestic violence as a personal problem or way of life for women with intellectual disabilities.     

The ideology of neuroscience and intellectual disability: reconstituting the ‘disordered’ brain

During the last two or three decades, neuroscience has changed how we understand brain functioning. This shift, which is re-conceptualizing the relationship between the materiality of the brain and consciousness, is bound to have implications for intellectual disability, which is commonly seen as a condition of the brain. At present, examinations of intellectual disability that deploy techniques and concepts from neuroscience constitute a growing research field that has been welcomed in some quarters of the disability research community. The purpose of this article is to urge for caution as regards this development. I argue that the neuroscience of intellectual disability is embodying ideological propositions that need to be problematized. By theorizing the relationship between biology and politics and examining neuroscientific publications on intellectual disability, I argue that this strand of research is underpinned by a discursive division between normal and pathological, that it therefore constitutes a continuation of understanding intellectual disability as a ‘disorder’ and that any firm separation between the ‘nature’ of intellectual disability and processes of power is inherently problematic. To be able to critically approach the neuroscience of intellectual disability, it is vital that disability researchers problematize the relationship between biology and politics.     

Unanticipated ethical issues in a participatory research project with individuals with intellectual disability

The conduct of a participatory research investigation into the everyday literacy of adults with intellectual disability within the context of a PhD thesis highlighted issues related to the ethics of participatory research and the need to revisit and reconsider ethical guidelines around working with individuals with intellectual disability. Tensions were identified between participatory research ideology and the reality of research experiences, with additional issues arising due to disability in the first author.     

写文章要说老实话

作为一个知识分子不要忘了抚养、教育自己的工农和广大人民群众的恩情,做到这一点最重要的是在发表言论时态度纯正,不说假话空话,而说真话实话.朱健国先生把自己的希望强加给武汉大学的纪念活动.其后果是,挑拨了武大和《人民日报》之间的关系,是不利于社会和谐的.“弃苏投美”的提法,“弃苏”我是能够认可的,但我不能认可“投美”的提法.朱先生文中还有些论点不严谨、不科学.总之,他的这篇文章讲的不是、至少不完全是实话真话.     

延安时期毛泽东对鲁迅形象的建构

鲁迅逝世后,毛泽东在延安多次公开评价鲁迅,成功地塑造了延安的鲁迅形象,并使之在新民主主义革命意识形态的建构中发挥了重要作用,成为延安知识分子乃至中国革命文化的重要精神符号。