论民事执行标的——商标权

本文通过对“小肥羊”商标纠纷案的分析，结合现存有关法律法规的规定，阐述了在我国市场经济形势下，有关商标违法行为的认定和商标权作为民事执行标的的行性及特殊性，以及实践操作过程中常见的几个问题和解决办法。     

高强品牌的功能与法律保护综合研究

使用市场营销学、法学、经济学、语言学与心理学的方法对品牌功能进行综合研究,认为高强品牌具有保障产品质量、降低消费者搜寻成本并能满足消费者心理需求等功能,高强品牌同时还可以使品牌所有者通过各种途径来扩大其经济利益。通过对高强品牌的功能研究发现不仅仿冒行为会损害高强品牌的价值,而且其他与高强品牌相联系的行为均会造成高强品牌价值的贬损。因此,美国法律也随着品牌功能的不断变化而逐步扩大其保护的范围(尤其是对高强品牌的保护),以适应品牌发展的需求。     

Relative Guarantees

Many real-world financial contracts have some sort of minimum rate of return guarantee included. One class of these guarantees is so-called relative guarantees, i.e., guarantees where the minimum guaranteed rate of return is given as a function of the stochastic return on a reference portfolio. These guarantees are the topic of this paper. We analyse a wide range of different functional specifications for the minimum guaranteed rate of return, hereunder both so-called maturity and multi-period guarantees. Several closed form solutions are presented.     

How to measure mutual fund performance: economic versus statistical relevance

In the present paper a comprehensive assessment of existing mutual fund performance models is presented. Using a survivor‐bias free database of all US mutual funds, we explore the added value of introducing extra variables such as size, book‐to‐market, momentum and a bond index. In addition to that we evaluate the use of introducing time‐variation in betas and alpha. The search for the most suitable model to measure mutual fund performance will be addressed along two lines. First, we are interested in the statistical significance of adding more factors to the single factor model. Second, we focus on the economic importance of more elaborate model specifications. The added value of the present study lies both in the step‐wise process of identifying relevant factors, and the use of a rich US mutual fund database that was recently released by the Center for Research in Security Prices.     

Competition and Information Production in Market Maker Models

Abstract:   The microstructure literature models the mechanisms through which fundamental information is incorporated into market prices. This paper extends previous models by endogenising information production and analysing incentives for costly information production. In contrast to the existing literature, increasing the number of informed traders can result in reduced price informativeness. When prices have an allocative role this has welfare consequences: the regulatory implications of a dichotomy between private and public incentives for information gathering are discussed.     

Software for Learning and for Doing Statistics

The community of statisticians and statistics educators should take responsibility for the evaluation and improvement of software quality from the perspective of education. The paper will develop a perspective, an ideal system of requirements to critically evaluate existing software and to produce future software more adequate both for learning and doing statistics in introductory courses. Different kinds of tools and microworlds are needed. After discussing general requirements for such programs, a prototypical ideal software system will be presented in detail. It will be illustrated how such a system could be used to construct learning environments and to support elementary data analysis with exploratory working style.     

The Long-run Effects of the Italian Pension Reforms

The paper analysesthe reforms of the Italian mandatory pension scheme for employeeslegislated in the 1990s. To assess the effects of the reforms,a microsimulation model calibrated on cross-section data is developed.The model is aimed at estimating the average income of a memberof a cohort, as well as the average per capita income of allindividuals alive in a given year. The long-run effects of thereform are analysed, comparing the characteristics of alternativefinancing schemes. A substantial improvement of the equity aswell as the long-run sustainability of the Italian public pensionschemes emerges. However, the dreary demographic scenario callsfor further tightening of eligibility rules sometime in the nextdecades if long-run sustainability of public debt is to be achieved.On the basis of sensitivity analysis, some changes aimed at hedgingthe system against unexpected shocks are suggested.     

The economics of land transfer and title insurance

In the presence of uncertainty over the title of land (due to fraud or error), a legal system can protect either the current (innocent) owner, or a previous owner who claims title. The predominant system in the United States generally awards title to the latter in the event of legitimate claim. Thus, current owners frequently purchase title insurance to provide indemnification in the event of a loss. In contrast, the Torrens system awards title to the current owner, but provides for indemnification of any legitimate claimants. We evaluate these two systems and argue that if transaction costs are low, both promote efficient assignment of title (according to the Coase Theorem), but if transaction costs are high, the Torrens system is more likely to award title to the party that values it the most (namely, the current possessor).     

Believing in employment discrimination: The case of Forrest Mims,Scientific American,and title VII protection

This article reviews the law regarding Title VII employment discrimination protection from religious discrimination. The issues surrounding the principal legal protection in this regard are explored in the context of a recent controversial case in which an author, Forrest Mims, was not hired as a regular contributor forScientific American magazine, ostensibly because of his belief in the theory of creation over the theory of evolution. The definition of what constitutes a protected religious belief or practice is seen to have expanded over time. However, a belief in creationism is not necessarily seen as being tantamount to a religious belief under present legal interpretation of Title VII. The implications of this finding for future needed Title VII revision are discussed.     

随机生产前沿方法的发展及其在中国的应用

本文对随机前沿生产函数模型的发展及其在中国生产率分析中的应用进行了评述。文章首先介绍随机前沿方法的基本原理、估计方法和在面板数据下对全要素生产率增长的分解,随后评述随机前沿生产函数模型的最新进展和在经验分析中的优势与作用,最后总结了在中国行业和地区经济增长研究中随机前沿方法的成果和不足,并探讨今后研究的发展方向。