bluuebunny/crossref_metadata_2025 huggingface dataset:
Animal models
Authors: Harvill Eric T. , Nicholson Tracy
Published: February 2019

There is a long history of the study of Bordetella species in animal hosts, built on the foundation of Koch’s postulates: experimentally inoculating animals with virulent bacteria to define various pathogenic outcomes. Inoculation of mice, rats, pigs, baboons, and humans simulate whooping cough with increasing accuracy, albeit with exponentially increasing costs and difficulties. While most of the basic processes of immune activation and pathogenesis are quite similar from rodents to primates, relative to other pathogen infection systems there are marked differences that are important to consider. While most of this work has involved B. pertussis, the closely related species B. bronchiseptica naturally, and highly efficiently, infects a variety of animals, allowing aspects of pathogenesis to be examined in the context of natural infections. More recently, the ongoing transmission of B. pertussis within highly vaccinated populations has increased interest in understanding the nature of the transmission process. Several innovative animal models have now been established that allow transmission of B. bronchiseptica among mice, rabbits, and pigs, and transmission of B. pertussis among baboons. Together, these animal model systems have taught us most of what we know of the nature of the complex interactions within an individual host, transmission between hosts, and the past and ongoing evolution of these species. Recent and ongoing improvements of the historical animal infection systems, and the generation of new experimental infection systems to study pathogenesis and transmission, are critical to advance our understanding and control of the resurgence of this highly infectious disease.
Congenerics
Authors: MacArthur Iain , Preston Andrew
Published: February 2019

The evolution of Bordetella pertussis from B. bronchiseptica (or a B. bronchiseptica-like ancestor) occurred primarily through gene loss and genome rearrangement, mediated largely through the expansion in the copy number of insertion sequence element repeats in the B. pertussis genome. B. pertussis is attributed as the main causative agent of whooping cough. However, B. parapertussis and B. holmesii also cause disease that is very similar to that caused by B. pertussis (here termed pertussis-like disease). The evolution of B. parapertussis and B. holmesii displays striking similarities to that of B. pertussis and thus this chapter explores what might be gained from comparative studies of B. pertussis, B. parapertussis, and B. holmesii with regard to the understanding of whooping cough.
Contrasting ecological and evolutionary signatures of whooping cough epidemiological dynamics
Authors: Althouse Benjamin M. , Scarpino Samuel V.
Published: February 2019

The enigmatic global pattern of whooping cough incidence presents a unique set of challenges for controlling the disease and uncovering the mechanisms underlying its epidemiological dynamics. In countries experiencing an increase in cases, five hypotheses have been proposed to explain the resurgence: (1) there has been an increase in Bordetella pertussis reporting rates, (2) waning of protective immunity from vaccination or natural infection over time, (3) evolution of B. pertussis to escape protective immunity, (4) vaccines that fail to induce sterilizing (mucosal) immunity to B. pertussis, and (5) asymptomatic transmission from individuals vaccinated with the currently used acellular B. pertussis vaccines. Each of these five hypotheses can leave contrasting signatures in both epidemiological and genomic data; however, these hypotheses must also be evaluated against data from locations that are either not experiencing a resurgence or are witnessing a declining incidence. This chapter discusses how to—and whether it is possible to—disentangle the various mechanisms proposed for whooping cough’s resurgence. It identifies a pathological lack of data sufficient for testing hypotheses and demonstrates how detailed, high-resolution data (in geography, time, and age) are required to distinguish even the most basic models. The chapter further discusses how approaches linking genomic and epidemiological data, (i.e. phylodynamic models) may prove beneficial. The results suggest that while evidence exists for each of the five proposed hypotheses, it is unlikely that any single mechanism can account for the global pattern of whooping cough incidence and that determining the relative importance of each mechanism remains uniquely challenging.
Public health consequences
Authors: Skoff Tami H. , Brown Colin S. , Amirthalingam Gayatri
Published: February 2019

Although pertussis can cause morbidity and mortality across all age groups, infants are at greatest risk for severe disease, especially during the first months of life. Despite the implementation of effective vaccination programmes, pertussis remains a significant global health problem and protecting those at highest risk is a priority. Numerous public health strategies, including cocooning, maternal vaccination during pregnancy, targeted vaccination of healthcare personnel, and post-exposure antibiotic prophylaxis, have been used to control the burden of pertussis with varying degrees of success. While maternal immunization during pregnancy has been demonstrated to be highly effective at preventing disease among infants during the first months of life, no single strategy alone is sufficient to control pertussis across age groups. In the setting of a resurgence in disease, a combination of approaches is needed to minimize the burden of disease, especially among those at highest risk for severe morbidity and mortality.
Epilogue
Authors: Rohani Pejman , Scarpino Samuel V.
Published: February 2019

“Today it is possible to predict one thing for this book with confidence. It will reveal controversy over the causative organism(s) of the disease, the diagnosis of infection, the relative importance of possible virulence factors, the suitability of animal models, therapeutic procedures, and the composition and administration of vaccines....
Communal Religious Rights or Majoritarian Oppression
Authors: Evans Carolyn , Baker Timnah Rachel
Published: February 2019

This chapter examines the ways in which the tensions around proselytization and conversion highlight some of the conceptual difficulties of liberal theory formulations of religious freedom and the way in which different cultures and religious groups are reinterpreting the traditional conception of religious freedom to better fit their own cultural context. Using case-studies from India and Malaysia, the chapter demonstrates the way in which the indeterminate and open-ended language of international conventions on religious freedom can be both a strength (allowing for areas of cultural difference in a flexible way) and a weakness (with no strong determinate boundaries around acceptable behaviour). The language of ‘public order’ in particular, generally included in both international law and in domestic constitutions as a legitimate limitation to religious freedom, is often invoked to legitimize a religious/ethnic majoritarian agenda.
Employment and Development
Authors: Fields Gary S.
Published: February 2019

The world is plagued by a plethora of economic problems, which is why economics is sometimes called “the dismal science”. Two of these problems are at the core of this volume. One is the huge extent of global poverty: Three billion poor people are nearly half of humanity. The second challenge highlighted in this book is the global employment (not: unemployment) problem. Although there are 200 million people in the world who are unemployed using standard international definitions, a much larger number – 900 million – are working poor. Gary S. Fields tries to answer two “big questions”: Who benefits from economic growth, and who is hurt by economic decline? How do developing countries’ labor markets work? The IZA Prize Laureate summarizes the empirical knowledge that is most relevant to understanding these questions; he shows how to bring together what we know into realistic, yet parsimonious, theoretical models of what is happening; he specifies the policy evaluation criteria to be used in assessing the effects of actual or prospective policy interventions; and he brings together empirical knowledge, theoretical models, and policy evaluation criteria to reach welfare economic judgments about what should or should not be done.
Aid, Growth, and Jobs: A Five-Part Policy Framework
Authors: Fields Gary S.
Published: February 2019

Various development objectives are worthy, but one objective merits special attention: reducing the scourge of absolute economic misery in the world. This study focuses on an important but relatively underemphasized approach to poverty reduction: helping the poor earn more in the labor market for the work they do, so that they can buy the goods and services they need to move up out of poverty. The core of the study is divided into three sections: defining the global poverty challenge and the world’s employment problem, presenting policy options for improving employment outcomes for the poor, and suggesting ways of choosing which policy interventions are most promising for poverty reduction.
Rural-Urban Migration, Urban Unemployment and Underemployment, and Job Search Activity in LDCs
Authors: Fields Gary S.
Published: February 2019

This chapter analyzes unemployment and underemployment in LDCs within a quantity adjustment framework. Four extensions of the Harris-Todaro model are made, including allowances for more generalized job-search behavior, an urban traditional sector, preferential hiring by educational level, and labor turnover considerations. The result of these modifications is a much lower predicted unemployment rate, which accords more closely with actual observations. Some additional policy implications deriving from the analysis are noted.
A Welfare Economic Approach to Growth and Distribution in the Dual Economy
Authors: Fields Gary S.
Published: February 2019

This chapter presents a welfare economic analysis of the distributional consequences of growth, a problem that has attracted much attention from development economists of late. We shall explore the similarities and differences between the absolute income and poverty and relative inequality approaches for a general dualistic development model and for three stylized special cases. It will be shown that these approaches are not always in agreement and, more disturbingly, that the most notable discrepancy is found in the most relevant stylized model-growth via the transfer of population from a backward to an enlarging advanced sector. The fact of these discrepancies raises the important question of how to measure changing income distribution in a manner consistent with the judgments we wish to make about the alleviation of absolute poverty and changes in relative income inequality. A general welfare function is formulated to address these issues.
Labor Market Modeling and the Urban Informal Sector: Theory and Evidence
Authors: Fields Gary S.
Published: February 2019

The purpose of this chapter is to assess the compatibility between theoretical models of the urban informal sector (UIS) and empirical evidence on the workings of that sector in the context of developing countries’ labour markets. The major point is that, although the UIS is an excellent idea which has served us well in the 1970s and 1980s, there is a need in the next round of research to refine the terminology and the models in light of empirical findings which have come to the fore in the interim. Wage employment or self-employment in small-scale units may be better than or worse than employment in the formal sector. This is not a new point: diversity of earning opportunities and other job characteristics within the informal sector has long been noted. But only recently has this view come to the fore.
On Inequality Comparisons
Authors: Fields Gary S.
Published: February 2019

Is one distribution (of income, consumption, or some other economic variable) among families or individuals more or less equal in relative terms to another? Despite the seeming straightforwardness of this question, there has been and continues to be considerable debate over how to go about finding the answer. There are two points of contention. One is the issue of cardinality vs. ordinality. Practitioners of the cardinal approach compare distributions by means of summary measures such as a Gini coefficient, variance of logarithms, and the like. Accordingly, some researchers prefer an ordinal approach, adopting Lorenz domination as their criterion.
Private and Social Returns to Education in Labor Surplus Economies
Authors: Fields Gary S.
Published: February 2019

The purpose of this chapter is to consider the cost-benefit criterion for resource allocation in labour surplus economies calling particular attention to the contrasts with full employment economies. The specific plan is as follows. Section 1 reviews the debate over the applicability of cost-benefit analysis to problems of investment in education. Section 2 draws two important distinctions which are not always clear to educational planners and enumerates the likely benefits, both private and social, from education. Section 3 considers the case of full employment economies. Section 4 looks at the private returns to education in labour surplus economies in relation to the demand for education. Section 5 considers the social costs and benefits in labour surplus economies. Section 6 raises the problems of measuring marginal social rates of return and demonstrates the inadequacy of wage differentials as a measure of marginal social benefit. Section 7 summarizes the main points.
Introduction
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

This chapter describes a public interest approach to gambling. Issues are approached from the perspective of what policies will best serve the public good, and minimize the individual and collective harms related to the activity. Public policy on gambling faces two problems. First, gambling produces public revenue which, simultaneously, generates costs due to gambling-related problems. Secondly, vested interests in gambling revenue can limit harm prevention efforts in the public interest. This perspective leads us to include in the analysis not only the game and the gambler but also the political economy of gambling. At both the individual and societal levels, scientific research on gambling and gambling policy can provide a valuable tool for the policymaker.
The history of gambling regulation and the rise of the industry
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

From its ancient origins in small-scale gaming sites in local communities, gambling in the 21st century has become a global industry and an increasingly standardized pastime across the world. The growth started in the early the 20th century, and accelerated in the past few decades. The history of gambling is a history of regulation. Gambling has always been controlled by political powers and still is in both democratic and non-democratic countries. Islamic and communist regimes have been most negative for moral reasons. Countries dominated by Protestant Christian faith have been critical, because of the value they have placed on work and honesty, even when they have not seen prosperity as a sin. Since the 1980s gambling has been de-regulated in many countries, with the justification that gambling is legitimate economic activity and problem gambling should be the policy target.
The gambling industry: global structures and modern trends
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

This chapter describes the growth of the global gambling industry in terms of its volume, structure, and the distribution of different types of games in different parts of the world over the past 50 years, especially in the first two decades of the twenty-first century. Globalization of the market through the internet threatens the ability of governments to tax or otherwise harvest revenue from gambling. However, liberalizing regulations on gambling started in many countries before the internet became a relevant medium. Fiscal motives and ideological reasons probably explain the liberalizing trend because it started at the same time that deregulation of financial markets affected the supply of credit and boosted digital transactions. Growth in gambling markets has been greatest in North America, Asia , and Europe. Countries with high overall gambling expenditures tend to spend proportionately larger amounts in casinos and on gambling machines outside casinos.
Gambling control regimes
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.
Radical Christian Humility
Authors: Dunnington Kent
Published: February 2019

After clarifying how central proper pride is to a low concern account of humility, this chapter elucidates the sense in which pride and humility are “concerned” with the self. “Self”-language is sprawling and imprecise, so a significant portion of the chapter is spent clarifying different senses of “self” that are relevant to the question of whether or not humility requires “unselfing.” The chapter argues that pride and humility are specifically about an orientation toward an ego ideal, which is a self-representation focused specifically on one’s distinctive importance over and against others. The chapter then offers an account of radical Christian humility that proscribes proper pride, including any concern one might have with one’s own distinctive importance. The chapter concludes by showing that the account, which is dubbed a no concern account, need not bring with it any of the so-called vices of humility.
Humility and its Discontents
Authors: Dunnington Kent
Published: February 2019

The most powerful critique of a radical Christian view of humility is the Humean critique, according to which proper pride is an essential aspect of moral formation and consistent moral action over time. The critique has been taken up with particular force by contemporary feminist and womanist theologians who implicate Christian humility in the history of patriarchal subjugation of women. This chapter addresses the feminist critique. It accepts much of the critique, but shows how the rejection of radical Christian humility does not follow from the critique. What follows, instead, is that radical Christian humility cannot be mandated as normative for members of subjected groups, or for anyone for that matter. Hume is right that proper pride is essential to moral formation, but he is wrong that proper pride is essential for consistent moral action over time. Thus radical Christian humility may be sought voluntarily by one who would like to conform more perfectly to the holiness of Jesus.
Introduction
Authors: Holloway Sally
Published: February 2019

The introduction sets out the central aim of the book to rediscover the emotional experience of courtship, asking, what did it mean to marry in Georgian England? It introduces the sixty key couples from a broad variety of social and occupational groups, using materials drawn from thirty archives and museum collections. The chapter foregrounds the interdisciplinary methodologies used throughout the book, which draw upon anthropology, art history, literary theory, philosophy, and psychology to examine the cultural codes of love. It situates the chapters that follow among histories of emotions, romantic love, courtship, marriage, the family, and material culture.
Conclusion
Authors: Holloway Sally
Published: February 2019

This chapter concludes the book by outlining the nature and purpose of the language of love, which is presented as a supremely adaptable lexicon with a vital function in facilitating intellectual exchange, determining a couple’s compatibility, shaping their emotions, and helping to make sense of their budding relationship. It demonstrates how courting practices actively cultivated particular feelings, and sets out the wider significance of these findings for histories of courtship, emotions, and material culture. The chapter closes by charting the continuing modernization and commercialization of romantic customs over the nineteenth, twentieth, and twenty-first centuries, arguing that the language used by couples to navigate relationships today is no less culturally and historically specific.
Is the Contract of Employment Illiberal?
Authors: Collins Hugh
Published: February 2019

The authoritarian character of many work relationships raises the question whether the legal institution of the contract of employment is inherently opposed to liberal values such as support for civil liberties, freedom, and equality before the law. Having analysed the nature of the relation of subordination that lies at the heart of employment relations in terms of practical authority, the chapter argues that there is an inherent tension between the legal structure of employment and guarantees for the exercise of civil liberties and the principle of equality before the law, but that any tension with the value of positive freedom or freedom from domination is contingent on the particular circumstances of the case. Having rebutted an objection to the relevance of liberal values to a moral assessment of a private contractual arrangement such as employment, the chapter concludes by arguing that a prime focus for labour law should be the reduction or elimination of the inherent conflict between the contract of employment and liberal values.
Human Development: A Way out of Labour Law’s Fly Bottle
Authors: Langille Brian
Published: February 2019

This chapter takes the view that labour law’s received wisdom about its role in our lives is too limited because it is held captive by a contractual framing of the discipline. The insights of Amartya Sen and Martha Nussbaum, it is argued, offer us a way out of this contractual fly bottle. Once so liberated, we are in a position to both understand how some very positive recent decisions, inexplicable on the standard view, could possibly be correctly decided. And we can also see how other, very unfortunate, decisions went off the rails and can be corrected. That is, we are legally challenged to articulate a new understanding of labour law in the world as we now find it. The human development approach can rise to this challenge.
Human Rights as Foundations for Labour Law
Authors: Atkinson Joe
Published: February 2019

The aim of this chapter is to map out how different theories of human rights might be used as philosophical justifications for labour law. Although labour rights are included in many constitutions and international human rights documents there remains controversy over their status and philosophical justification as human rights. These ongoing doubts illustrate a normative gap that currently exists between the practice and philosophy of labour rights as human rights. This chapter provides an overview of contemporary theories of human rights, and uses these to explore the legitimacy of aligning labour rights and human rights as a matter of theory.
Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination
Authors: Zatz Noah D
Published: February 2019

Labour law doctrine has fully incorporated discrimination, but labour law theory has not. Market ordering is labour law’s villain, but employment discrimination theory often casts market ordering as a victim needing rescue from employers’ irrational judgements or non-economic motivations. This chapter traces the tension by examining the place of bilateral employee–employer relationships in both domains, including alternatives that adopt divergent structural perspectives on, for instance, capitalism and white supremacy. An example of bridging the divide by decentring the market is offered. This occurs through a unified account of direct and indirect discrimination grounded in liberal egalitarian thought. Although addressed to the distribution of economic opportunity generally, the particulars of this account require interventions in discrete employee–employer relationships. Also considered is how the argument’s form—in which idealised market ordering is fundamental neither to the problem nor the solution—might extend to labour law’s concerns with workplace subordination, not only distribution.
Trade Unions and Political Equality
Authors: O’Neill Martin , White Stuart
Published: February 2019

In recent years democratic politics has come under threat in a number of Euro-Atlantic countries, as the wealthy have increasingly been able to influence political outcomes. This ‘oligarchic shift’ has led a number of theorists to consider how democratic structures might be redesigned to insulate them from the influence of the wealthy. As an alternative strategy, we suggest attend to the ‘associational background’ against which democratic politics take place, and in particular we argue that healthy and vibrant trade unions can play an important role in creating conditions for political equality. We examine a number of ways in which unions can play this role in creating the associational conditions for greater political equality, including through encouraging political participation; through acting as conduits for relevant information; by helping to shape the habits and attitudes of democratic citizens; by cementing partisan political alliances; and by providing alternative routes for elite political recruitment. Given these benefits, we argue that democratic states have reason to take a ‘promotive stance’ towards trade unions.
Gender and the Labour of Law
Authors: Conaghan Joanne
Published: February 2019

This chapter troubles the notion of ‘labour’ in ‘labour law’ by excavating the material and philosophical roots of the distinction between paid and unpaid labour. Feminists have long argued that labour law is based on a paid work paradigm and that in the context of radical economic and social restructuring in the post-industrial era, labour law scholars must extend the focus of enquiry to encompass unpaid domestic work. The chapter explores how the separation of paid and unpaid labour arose in the context of the transition from feudalism to capitalism and how it came to be explained and justified in liberal political thought. While the primary focus is historical, the concluding section considers the implications for the future of labour law of moving beyond a paid work paradigm.
The Accession of James Stuart and the Kingdom of Great Britain, 1603–1610
Authors: Questier Michael
Published: February 2019

The accession of James VI of Scotland as James I of England and Great Britain triggered a series of negotiations as to what the new British polity would be like and how far the Elizabethan settlement of religion might be subject to alteration. James manipulated the agendas of a range of interest groups in order to remodel both the court and, in some sense, to remake the (British) State. One crucial aspect of that process was the making of peace with Spain and an attempt to shadow the major European royal houses without getting drawn into the political conflicts which replaced the wars which had concluded in 1598. But the attempt to maintain a quasi-nonconfessional mode of politics inevitably encountered a Protestant critique of the king and court which James sought to defuse by tacking his public pronouncements on papal authority to his, arguably, absolutist readings of royal power.
The Jacobean Polity and the Failure of Via Media Politics, 1611–1620
Authors: Questier Michael
Published: February 2019

After the assassination of Henry IV of France, the resulting weakness of the French regency government and the proposal for a Franco-Spanish dynastic treaty meant that King James was compelled to look to an overtly Protestant foreign (dynastic) alliance; the result was the Anglo-Palatine marriage treaty of 1612. That there was a British dimension to the resulting fractures in the Jacobean polity could be picked up from troubles in Ireland where there was more than one prescription for guaranteeing civil peace and national security. These fractures became even more apparent when war threatened and then actually commenced in central Europe over the Bohemian succession. James was at risk of being dragged into the conflict because his son-in-law Frederick V had accepted the Bohemian crown after the Archduke Ferdinand was deposed. This left James faced with calls to prosecute a war on behalf of his European Protestant friends while he himself tended to think that dynastic diplomacy was a better bet.
Non-Traditional Trademarks
Authors: Adams Mitchell , Scardamaglia Amanda
Published: February 2019

This chapter provides a twenty-year retrospective on non-traditional trademarks, using the European Union, the United Kingdom, Singapore, Japan, and Australia as case studies. It presents findings from an empirical study on the application and registration of non-traditional marks in these jurisdictions from 1996 to present day. It assesses whether the appetite for non-traditional marks differs across jurisdictions and what impact, if any, differing regulatory regimes have on filing and registration activity. The study also canvasses the micro-trends emerging from these data in order to test prevailing assumptions about non-traditional marks. The policy implications of these findings will also be touched upon and contextualized against growing concerns about trademark depletion, which have to date focused on the diminishing number of available words and colors as trademarks, but may well extend to non-traditional marks more generally.
Yellow Dictionaries, Red Banking Services, Some Candies, and a Sitting Bunny
Authors: Kur Annette
Published: February 2019

Colors and product designs face increasingly high hurdles against registration in the EU. However, such marks exist and continue to be registered, not least on the national level. Measuring the scope of protection of such signs therefore remains a key issue in EU trademark law. The appraisal is informed by a number of legal principles and guidelines which are neither completely clear nor uniform in their application by the national courts and authorities. The recent EU trademark law reform has added complexity to the picture by introducing a new limitation permitting to (fairly) use a non-distinctive sign. The meaning and effect of this novel clause still have to be tested in practice.
Should Trademark Law Protect Non-Traditional Trademarks?
Authors: Desai Deven
Published: February 2019

Trademark should not protect non-traditional trademarks, but the practice will continue. Yet, by examining branding and related marketing and design practices, we can find ways to limit trademark expansion. In simplified terms, current U.S. and EU trademark law limits such protection by denying protection when a claimed feature is essential to competition. Both approaches require understanding and breaking apart what elements of a claimed mark are essential, and so miss the way branding operates. Branding uses aesthetics and pre-existing culture to create a whole, inseparable offering that captures essences to influence buyers and compete. Thus this chapter argues that stopping protection for non-traditional marks is the best choice. As that is unlikely, the chapter uses brand literature to show ways to deny protection to whole categories of non-traditional trademarks, and provide tools to show that any given claimed non-traditional mark is likely aesthetically functional and should not receive trademark protection.
Protecting Non-Traditional Trademarks in China
Authors: Sun Haochen
Published: February 2019

Drawing on a series of cases that Hermès has litigated in China, the chapter discusses how transnational companies should tap into the potential of non-traditional trademarks to promote their businesses in China. Section I of the chapter provides an overview of the most important requirements for registering such trademarks in China. It considers why the Chinese courts rejected Hermès’ bid to register the shape of its Kelly bag as a three-dimensional trademark in China. Through the lens of several trademark cases that the French high-fashion luxury brand litigated in China, Sections II and III offer nuanced analysis of how companies can protect their trademarks in the Chinese first-to-file registration system and how to determine the well-known-trademark status in the country. Sections IV and V further examine the lessons that can be learnt from the Hermès cases about securing anti-confusion and anti-dilution protection of non-traditional trademarks in China.
The Protection of (Three-Dimensional) Shape Trademarks and Its Implications for the Protection of Competition
Authors: Ghidini Gustavo
Published: February 2019

The exclusive protection of shapes (three-dimensional in particular) as trademarks of products, raises serious concerns about its possible negative impact on competition. The analysis of the European legal framework focuses on the risk of systemic impasse and over-protectionist consequences resulting from the coexistence of trademark and registered design protection. An interpretative solution capable of overcoming such impasse in a pro-competitive perspective is presented. Such solution is then confronted with the alleged “investment function” of trademarks as asserted by the CJEU—an assertion criticized as both systemically improper and deeply anti-competitive. The solution is finally reconciled with the need to avoid weakening the distinctive character of the overall appearance (“trade dress”) of industrial products.
Non-Traditional Trademarks
Authors: Lunney Glynn S.
Published: February 2019

Over the last sixty years, courts and the USPTO have engaged in an ill-advised expansion of trademark subject matter. Where once only words or emblems attached to a product could serve as a trademark, today a product’s design or packaging itself may receive such protection. This expansion was and is a mistake. While there may be rare cases where a product’s design or packaging conveys brand-specific information and could receive protection without impairing competitor’s ability to offer substitutes, such cases are the exception and not the rule. By recognizing trade dress protection within the trademark law framework, courts and the USPTO have made the exception into the rule. Trade dress protection today has become an anticompetitive weapon that forecloses competition with no redeeming benefits. Courts and the USPTO should therefore correct their mistake and deny trade dress substantive protection under the Lanham Act, as Congress intended.
Assessing the Impact of Registering Non-Traditional Marks
Authors: Brancusi Lavinia
Published: February 2019

This chapter discusses possible negative effects on market competition resulting from registration and exercise of NTTMs. A first insight into EU judicial precedents dealing with trademarks reveals the risk of different practices violating competition rules. A following inquiry from a “law and economics” approach emphasizes certain competition concerns characteristic of NTTMs. The focal point concerns the issue of product substitutability, with a consideration as to whether competition law perspective may be of some use for trademark law, especially for functionality cases featuring NTTMs. After articulating the need of applying a functionality test based on product delineation and an assessment of substitutable alternatives, separate remarks discuss market definition in competition law underlining cases of narrowly defined markets because of branding strategies. The study advocates the use of methods and proofs modeled on those applied in competition law for examining the registrability and resolution of conflicts related to NTTMs.
The Economics and Management of Non-Traditional Trademarks
Authors: Castaldi Carolina
Published: February 2019

Economists have largely neglected the phenomenon of NTTMs and its consequences for society so far, partly because of their limited interest in the social returns of trademarks in general. After reviewing the handful of economic studies on this matter, I present a first systematic empirical analysis of the extent of NTTM filings, with a focus on the number of filings, their nature, and the actors behind those filings. Using data from the USPTO, I find that NTTMs are steadily increasing, they are filed by very different types of firms, but they remain a relative small phenomenon, as compared to all trademark filings. I conclude by discussing avenues for further research.
Non-Traditional Trademarks and Inherently Valuable Expression
Authors: Ramsey Lisa P.
Published: February 2019

Trademark laws currently allow companies to obtain trademark rights in product configurations, colors, scents, sounds, flavors, textures, and other “non-traditional” marks that identify and distinguish the source of goods or services. This chapter argues that non-traditional trademarks convey expression protected by the right to freedom of expression in constitutions, human rights treaties, and statutes. Not only do distinctive non-traditional marks communicate source-identifying information, but these product attributes may also intrinsically convey information, ideas, or other messages unrelated to the trademark owner. Therefore trademark laws regulating this expression must have a sufficient justification, and governments should repeal or revise laws protecting non-traditional marks when they do not directly further trademark law’s goals and harm free expression. Nations should refuse to register non-traditional marks that expressed inherently valuable messages unrelated to source-identification before they were adopted or used as marks, or only grant such marks narrow protection.
The Radical Demand in Løgstrup's Ethics
Authors: Stern Robert
Published: February 2019

This book focuses on the ethics of the Danish philosopher and theologian K. E. Løgstrup (1905–81), and in particular on his key text The Ethical Demand (1956). The first part of the book provides a commentary on The Ethical Demand. The second part contains chapters on Løgstrup as a natural law theorist; his critique of Kant and Kierkegaard; his relation to Levinas; the difference between his position and the second-person ethics of Stephen Darwall; and the role of Luther in Løgstrup’s thinking. Overall, it is argued that Løgstrup rejects accounts of ethical obligation based on the commands of God, or on abstract principles governing practical reason, or on social norms; instead he develops a different picture, at the basis of which is our interdependence, which he argues gives his ethics a grounding in the nature of life itself. The book claims that Løgstrup offers a distinctive and attractive account of our moral obligation to others, which fits into the natural law tradition.
Ethics, Science, and Poetry
Authors: Stern Robert
Published: February 2019

This chapter covers Chapters 10 and 11 of The Ethical Demand, which focus on how Løgstrup sees the demand in relation to science on the one hand, and poetry on the other. In relation to science, Løgstrup argues for a form of philosophy that might be seen to challenge the ‘anti-metaphysical’ assumptions of scientific thinking, particularly in the way his account attributes a kind of normative authority to the demand as standing in judgement over our actions. Løgstrup also considers how far certain kinds of scientific determinism might pose a challenge to ethics, arguing that this challenge can be resisted. In Chapter 11, Løgstrup asks whether poetry can have implications for ethics, suggesting poetry can break through the triviality in which our lives are often lived, thus making us properly attentive to the world that surrounds us, including other people.
Normativity as Natural Law
Authors: Stern Robert
Published: February 2019

This chapter argues that Løgstrup’s position on the question of moral obligation is closest to a natural law outlook, not only in The Ethical Demand but also in later works when he speaks of his ‘ontological ethics’ and ‘the sovereign expressions of life’ (§7.1). Alasdair MacIntyre’s claim that Løgstrup is not a natural law theorist (§7.2), and also Stephen Darwall’s claim that in this earlier work Løgstrup was a divine command theorist (§7.3), are both considered and rejected. The next section argues that the natural law theory Løgstrup adopted is non-theistic rather than theistic (§7.4). Finally, this account of Løgstrup as a natural law theorist is connected to subsequent chapters, where it will be suggested that this approach underpins his critique of Kant and Kierkegaard, as well as setting him at odds with Levinas and Darwall (§7.5).
Encountering Levinas
Authors: Stern Robert
Published: February 2019

This chapter relates Løgstrup’s work to the ideas of Emmanuel Levinas. It begins by focusing on similarities between them (§9.1), which might then suggest ways in which each can be used to come to the aid of the other on certain shared difficulties (§9.2). But then certain significant divergences are uncovered (§9.3), which also opens up the possibility of a critical dialogue between Løgstrup and Levinas on certain fundamental issues and questions (§9.4). It is argued that at the basis of this divergence is Løgstrup’s natural law approach to the problem of normativity, and thus to the ethical demand, which puts him at odds with Levinas’s suggestion that this normativity arises from the authority of the other as a commander.
Interpreting Løgstrup
Authors: Stern Robert
Published: February 2019

This concluding chapter returns to the challenges that Løgstrup faces regarding the ethical demand as he characterizes it (§12.1), and the ‘understanding of life’ on which he claims it is based, particularly the idea that life is a gift (§12.2). The chapter also considers what, if anything, is distinctive about Løgstrup’s ethics (§12.3). His position is compared and contrasted to Kantian deontology, utilitarian consequentialism, and virtue theory, while the connections with contemporary care ethics are also explored. Overall, it is argued that this study of Løgstrup suggests the power and coherence of his ethical vision, and the important but underexplored contribution that he can make to contemporary thinking in ethics.
Gurney and Sons
Authors: Bowles Hugo
Published: February 2019

Dickens learned shorthand in 1828 from a manual called Brachygraphy, written by Thomas Gurney, which he memorably describes in David Copperfield as a ‘savage stenographic mystery’. This chapter contextualizes the mystery by placing Gurney shorthand in its historical context, as one of many competing alphabetical shorthand systems in the Victorian period. Section 1.1 of the chapter traces the chronological development of sixteenth, seventeenth, and eighteenth-century stenographies and contrasts the alphabetical design, structure, and contents of Brachygraphy with the phonographic system of Isaac Pitman, which came to dominate the nineteenth-century market. Section 1.2 sets out the principles of economy in speech and writing which constrained stenographers in the design of their systems. Section 1.3 examines the surviving shorthand texts that Dickens produced. It also introduces Dickens’s ‘Manchester notebook’, showing how his shorthand teaching notes sought to iron out defects in the Gurney system and provide creative alternatives.
Reporting
Authors: Bowles Hugo
Published: February 2019

This chapter examines Dickens’s use of shorthand as a law reporter at Doctors Commons, in the Gallery of Parliament and as a journalist. It describes the culture of reporting in each environment (section 5.1), particularly the notions of ‘faithful’ and ‘verbatim’ reporting (section 5.2). It also draws on Dickens’s Jarman v Bagster manuscript and a Mirror of Parliament report to assess his accuracy as a reporter (section 5.3). The chapter then addresses Dickens’s role as a court reporter in relation to his fiction. Drawing on Levinson’s ‘participation roles’ and Goffman’s ‘production format’, section 5.4 argues that the practice of shorthand reporting enabled Dickens to transcribe the words of unseen witnesses, plaintiffs, and defendants into the fictional words of unseen characters by developing his technical skill in reporting speech and his ability to manipulate ‘voicing’ to control readers’ vocalizations of his fictional work, particularly through variations in phonetic speech.
Epilogue
Authors: Bowles Hugo
Published: February 2019

At Gadshill at Christmas time we had a great deal of nonsense, for that dear man had the greatest delight in nonsense that ever existed.

Marcus Stone1

1 Collins, II, 186.

The summer of 1860 was as full of stressful events for Dickens as 1859 had been. In mid-July, his favourite daughter Katey married Charles Collins, the son of Wilkie Collins. By his own account, Dickens made the required arrangements for a successful wedding, but disapproved strongly of the marriage....
Brutus (85–49)
Authors: Treggiari Susan
Published: February 2019

Servilia’s only son, Brutus, was probably born in 85. By 59 he had taken the name Q. Caepio Brutus, either by adrogation or by taking the name of Servilius Caepio as a condition of inheriting. The adopter may have been Servilia’s full brother. In 58–56 he served under Cato in Cyprus. About 55 he married Claudia, daughter of the rich and influential Ap. Claudius Pulcher. He held a quaestorship (?54) and served under Claudius in Cilicia. He lent money to foreigners at usurious rates. In 49 he joined his father’s enemy Pompey.
Shades of Sappho in Vergil
Authors: Harrison Stephen
Published: February 2019

This chapter argues, for the first time in classical scholarship, for Sapphic allusions in all three works in Vergil’s output. The argument has important consequences for our understanding of how different ancient genres relate to each other when allusions to epithalamia are found in pastoral and lyric allusions are found in epic, as well as of how Greek literature relates to that which is Roman. Close readings of passages from Vergil’s Eclogues, Georgics, and a number of passages from various books of the Aeneid, frequently compared to specimens of other Latin poetry, alongside a number of Sappho’s fragments, helps in deepening our understanding of both Sappho and Vergil.
Sappho in Propertius?
Authors: Heyworth S. J.
Published: February 2019

By thoroughly mapping possible allusions to Sappho in Propertius, this chapter concludes that Sappho’s influence is most conspicuous in the case of Cynthia. As a consequence the Propertian puella appears not only as a beloved in the poetic corpus of Propertius, but arguably also as a figure that may be associated with a poet in her own right such as Sappho, which intriguingly yet necessarily reflects back on essential qualities of the poet Propertius himself. The argument emerges from the close reading of almost twenty individual passages from the Propertian corpus, alongside the ‘Homeric Hymn to Aphrodite’ and a large number of passages from Sappho, notably her poem 1.