Article deals with the situation of enforcement of intellectual property rights in Lithuania after the implementation of 2004 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. First, the authors outline the importance of the proportionality principle which is embedded in the text of the directive, but sometimes may be overlooked because of the rhetoric openly orientated to right holders. Then, the legislative changes in Lithuania’s intellectual property laws (...) and tendencies in case law are analyzed. The main findings of the research show that despite considerable changes in Lithuanian laws, the situation in case law was not in fact influenced. (shrink)

In this paper I take up the task, begun by Lewis and Lewis in their seminal paper on the topic, of offering a theory of holes according to which a hole is simply its hole-lining. I begin by motivating the theory, arguing that it holds interest even absent its original animating concerns of nominalism and materialism, and present desiderata any such theory must satisfy. With this in place, I offer a definition both of a lining and of hole sameness, arguing (...) that these can overcome the most prominent standing objections to identifying holes with linings. Finally, I present a more powerful counterargument in the spirit of Casati and Varzi, and conclude with an emended version of the theory meeting all our earlier desiderata. I conclude by dispelling some possible worries about the nominalist and materialist credentials of my theory. (shrink)

In this paper I propose and motivate a logic of the interdefined concepts of making true and control, understood as intensional propositional operators to be indexed to an agent. While bearing a resemblance to earlier logics in the tradition, the motivations, semantics, and object language theory differ on crucial points. Applying this logic to widespread formal theories of agency, I use it as a framework to argue against the ubiquitous assumption that the strongest actions or options available to a given (...) agent must always be pairwise incompatible. The conclusion is that this assumption conflicts with failures of higher order control of agents over their degree or precision of control, failures exhibited by such imperfect agents as ourselves. I discuss models in this setting for understanding such imperfectly self-controlling agents. In an appendix, I prove several relevant results about the logic described, including soundness and completeness both for it and for certain natural extensions. (shrink)

Sexual assault is a common experience for women and a significant topic for feminist scholarship. However, discussions of forensic evidence collection have been largely neglected. This paper considers the ethics of forensic evidence collection by situating the conversation in the context of the experience of sexual assault. The power of patriarchal norms and rape myths, the impact of trauma, and the systemic sexism in the medical and legal systems are also discussed. With this literature in mind, recommendations are made to (...) improve the medical response to sexual assault survivors and the procedures of forensic evidence collection. (shrink)

This work acknowledges that spirituality is an integral part of adult learning and development. Building on the history of adult education and training, the authors suggest that the profession needs to recover some of its early concerns for holistic and spirituality informed practice.

Advancements in biological ageing research have shown that age-related diseases may be fought more effectively in the future by directly intervening into the ageing process. This prospect is associated with hopes for solving problems of demographic change. It also addresses raising awareness for complex ethical, legal and social issues that have hardly been a topic of discussion to date. Therefore, as the objective of our project, an interdisciplinary discourse module entitled “Ethics of Biogerontology” was developed to initiate a social debate (...) on the ethical, legal, and societal implications of biogerontology. The discourse module focuses on competences and argumentation skills and was developed with experts from relevant disciplines, e.g. biogerontology, social gerontology, philosophy, geriatrics, and medical ethics. Concepts of age and ageing are tightly interlinked with biogerontology and are as such relevant as teaching contents of the discourse module. The course module was tested in eight discourse teaching projects in research, medicine, and education in various partner institutions and evaluated based on an ethical competence model. This article describes the conception, including the learning objectives, of such a teaching course and the associated teaching contents. It also gives a justification for their selection. Finally, we summarize the results of the evaluation. (shrink)

This article explores how cross-sector partnerships (CSPs) operating in a development context built resilience during the outbreak of the COVID-19 pandemic. Based on a qualitative analysis of eight partnerships operating in East-Africa, Central America, and Indonesia, I show how CSPs engaged in three practices of resilience building (i.e., forming unconventional alliances, mobilizing digital technologies, and building subnetworks), which allowed them to remain functional despite facing adversity. In addition to fostering their resilience, my findings show how engaging in these practices enabled (...) the CSPs to develop new capabilities (i.e., improved abilities to engage with beneficiaries) that benefit them in the long run. Based on these insights, I advance our understanding of resilience building by unpacking this concept on a CSP level. Furthermore, by unfolding the relevance of incidental learning in a cross-sectoral setting, I widen our knowledge of learning processes in CSPs. (shrink)

The article analyzes the changes of legal regulation on natural gas market in the context of the third European Union (EU) energy package. The paper consists of the introduction, two parts and conclusions. The first part analyses the main provisions on the natural gas market of the Third EU energy package. The second part of the paper focuses on the effect of the Third EU energy package on legal regulation of natural gas market in Lithuania. For this purpose, the author (...) analyzes the relevant provisions of the future legal regulation that are laid out in the Conception on draft amendment of the Lithuanian law on natural gas (the Conception) that was adopted by the Resolution of 19 May 2010 No. 585 of the Government of the Republic of Lithuania (the Government). The author analyses the chosen model of implementation of the Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas of 13 July 2009 and repealing Directive 2003/55/EC (Directive 2009/73/EC), and the possible negative and positive consequences of the implementation of the model chosen by the drafters of the Conception. The paper is ended with motivated conclusions. (shrink)

This essay provides an analysis of the theme of power in the text of the mystic Mechtild of Magdeburg, The Flowing Light of the Godhead. The author examines how this mediaeval woman learned to be an adroit shaper of power in her own life; how she understood the effects of corrupt clergy who persecuted her; how she directly faced corrupt power figures; how she used the rhetoric of femininity to subvert the more obvious power structures; how she gathered male friends (...) and clerics around her to legitimate her work; and how she skilfully negotiated the complex religious labyrinth of orthodoxy in her day. This essay provides an analysis of her engagement and entanglement of power relations, whether through her actions, her mystical work, or her direct discourse on the topic in Book VI of her text. (shrink)

This article presents two cases of women doing development work for civil society organizations in the Global South. The author uses the cases to explicate the relationship of global civil society, development work, feminism, and Christianity. The case studies were collected through life history interviews with the participants. The cases, interpreted in light of the ‘third space’ cultural theory of Homi Bhabha, destabilize the fixed identity of these women as ‘development workers’, ‘feminists’, ‘Western’, and ‘Christian’.

First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.

The form and registration requirements applicable for transfer of close company shares differ in various countries. Discussions on separate related aspects take place in the international business transfer theory and practice. The Lithuanian legal regulation of the said requirements is continually improved, taking into account the experience of other countries and business practice needs. Based on the analysis of the European Union, the Lithuanian and foreign legislation, case law and doctrine, this article is designed for the examination of effectiveness and (...) adequacy of current requirements for the form of share sales transactions as well as expedience of fixing the model of public registration of data about shareholders of a close company. (shrink)

The object of this study is the legal framework for the sale or purchase of company shares when the goal of the transaction is the sale of a business. The impact of such transactions on Lithuanian economic development underlines the importance of this study. The recent wave of mergers and acquisitions in Lithuania is likely to substantially increase the number of related legal disputes as well. Legislation on the purchase and sale of company shares and the resulting transfer of business (...) has been enacted in Lithuania only recently. The regulation of such cases remains rather unclear, few cases have been brought to court, and the topic has been barely addressed by legal scholarship in Lithuania to date. It is unclear whether the fact that the real purpose of the transaction is not a simple reassignment of company shares, but business transfer, results in any differences in the interpretation and application of the law. An especially delicate question, raised in Lithuania and other European countries, is whether the buyer may submit a warranty claim to the seller regarding the business acquired. (shrink)

The validity (probability) of non-competition covenants which are typical for business transfer transactions is one of those issues on which discussions go in the international business transfer theory and practice. On one hand, such covenants help ensure the business interests of the buyer, on the other hand, by their nature, they can mean a restriction of competition, which is prohibited by law. This article, based on the analysis of the European Union, the Lithuanian and foreign legislation, case-law and doctrine, is (...) designed for a disclosure of the concept of non-competition covenants, which are concluded by the parties in the context of a business transfer as well as for the identification of the conditions of the validity (admissibility) of those covenants. (shrink)

This study examines how the match between personal and firm-level values regarding environmental responsibility affects employee job satisfaction and creativity and contributes to three literature streams [i.e., social corporate responsibility, creativity, and person–environment fit]. Building on the P–E fit literature, we propose and test environmental orientation fit versus nonfit effects on creativity, identifying job satisfaction as a mediating mechanism and regulatory pressure as a moderator. An empirical investigation indicates that the various environmental orientation fit conditions affect job satisfaction and creativity (...) differently. More specifically, environmental orientation fit produces greater job satisfaction and creativity when the employee and organization both demonstrate high concern for the environment than when both display congruent low concern for the environmental. Furthermore, for employees working in organizations that fit their personal environmental orientation, strong regulatory pressure to comply with environmental standards diminishes the positive fit effect on job satisfaction and creativity, while regulatory pressure does not affect the job satisfaction and creativity of employees whose personal environmental orientation is incongruent with that of the organization. (shrink)

Lietuvos, kaip ir kitų Europos valstybių, teisės aktai numato bendrovės visuotinio akcininkų susirinkimo sprendimų teisėtumo užtikrinimo priemonę – tokių sprendimų pripažinimo negaliojančiais institutą. Civiliniame kodekse išvardijami teisiniai šio instituto taikymo pagrindai. Kita vertus, visuotinio akcininkų susirinkimo sprendimų pripažinimo negaliojančiais pagrindų sistemos skirtingose valstybėse skiriasi. Šiame straipsnyje siekiama pateikti bendrą įstatymo numatytų bendrovės visuotinio akcininkų susirinkimo sprendimų pripažinimo negaliojančiais pagrindų Lietuvos teisėje apžvalgą, minėtų pagrindų sistemą lyginant su užsienio valstybių teisiniu reglamentavimu.

The article analyses the legal status of the natural gas market regulatory institutions in Lithuania and in the member states of the European Union. First, the authors assess the most important elements of the legal status of the natural gas market regulators in the EU member states, namely, the degree of autonomy (type of institution, appointment and dismissal procedures of management, duration of the terms of office, sources of funding) and the measures aimed at ensuring accountability, transparency, and prevention of (...) conflicts of interest. Second, the legal status of the National Control Commission for Prices and Energy, which carries out functions of regulation and control of the natural gas sector in Lithuania, is examined. Finally, the authors conclude that the imperfections in the regulation of the legal status of the Commission result in several negative effects and provide reasoned proposals regarding the improvement of the legal status of the Commission. (shrink)

The article analyses the legal, economic and other problems of the legal regulation of supervision of business entities in Lithuania and outlines solutions to these problems. The first chapter describes the present situation of the legal regulation of supervision of businesses in Lithuania. The second chapter analyses the problems of the legal regulation of business supervision that the authors consider the most important. The article concludes by offering solutions to the key issues identified.

This article investigates how firms address the stability-change paradox inherent in sustainability transitions through the maintenance and utilization of a portfolio of sustainability-oriented partnerships. Drawing on a retrospective case study of Dong/Ørsted, a Danish energy company, we demonstrate the varying manifestations of the stability-change paradox during different phases of the company’s transition, influenced by both exogenous and endogenous factors. Furthermore, our findings reveal how Dong/Ørsted employed their partnership portfolio to implement diverse responses to manage the paradox. Based on these findings, (...) we argue that partnership portfolios can serve as spatiotemporal pockets, enabling organizations to effectively address and leverage the temporal and spatial aspects inherent in sustainability paradoxes. In addition, we highlight how partnership portfolios facilitate sustainability transitions by creating and leveraging different forms of collaborative value. (shrink)

Many calls have been made for more research on social studies teachers’ practices and preservice training. Instructional practices employed by teachers are important for encouraging student learning. However, there is a history of social studies teachers focusing much of their time on teacher-centered instructional techniques that have not demonstrated strong learning for students. Therefore it is important to examine not just how teachers chose to teach, but also where they may have learned to teach. This study examined data from the (...) Teaching and Learning International Survey (TALIS) 2018 of 240 secondary social studies teachers to understand what instructional practices they report employing and their feelings about their preparation. Data analysis provided direct empirical evidence of the power of teacher preparation programs to shape social studies teachers’ instructional practices well into their teaching careers. (shrink)

This article discusses how cross-sector partnerships (CSPs) for sustainability manage the paradoxical tension between stakeholder inclusiveness and administrative efficiency. Drawing on qualitative data from a case study of a CSP focused on urban sustainability, we show how the inclusiveness–efficiency paradox unfolded throughout the studied collaboration. We discuss how the paradox reemerged in a different guise within each phase of the partnership and how three practices of paradox management helped actors to cope with the tension: “customized inviting” (during the formation phase), (...) “sequential including” (during the preparation phase), and “tailored instructing” (during the implementation phase). On the basis of these findings, we argue that (a) the paradox reoccurred throughout the phases of the CSP because the three paradox management practices accentuated boundaries, thereby helping to resolve the paradox temporarily while at the same time creating grounds for the paradox to resurface, and (b) that the three paradox management practices can be theorized as a special type of boundary work that “plays up” relevant differences between actor groups and thereby ensures collaboration. (shrink)

After acquiring knowledge of the neuroscience of learning, memory, stress and emotions, teachers incorporate more cognitive engagement and student-centered practices into their lessons. However, the role understanding neuroscience plays in teachers own affective and motivational competencies has not yet been investigated. The goal of this study was to investigate how learning neuroscience effected teachers’ self-efficacy, beliefs in their ability to teach effectively, self-responsibility and other components of teacher motivation. A pilot training-of-trainers program was designed and delivered in Liberia combining basic (...) neuroscience with information on social, emotional, behavioral and mental health issues faced by students. Tier I of the professional development was a 2 weeks workshop led by a visiting neuroscientist. A subset of the 24 Tier I secondary science teachers formed a Leadership Team who adapted the content to the Liberian context and subsequently led additional workshops and follow-up sessions for the Tier II secondary science teachers. Science teachers in both tiers completed the affective-motivational scales from the internationally vetted, multiscale Innovative Teaching for Effective Learning Teacher Knowledge Survey from the OECD. Tier II teachers completed the survey in a pre-post-delayed post design. Tier I teachers completed the survey after the workshop with their attitudes at that time and separately with retrospective projections of their pre-workshop attitudes. Ten of the 92 Tier II teachers participated in structured interviews at follow-up. Statistical analysis of survey data demonstrated improved teacher self-efficacy, self-responsibility for student outcomes, and motivation to teach. Qualitatively, teachers expressed more confidence in their ability to motivate students, engage them through active learning, and manage the class through positive rather than negative reinforcement. Teachers’ own self-regulation improved as they made efforts to build supporting relationships with students. Together, these results demonstrated that (i) teacher affective-motivational attitudes can be altered with professional development, (ii) basic neuroscience, as knowledge of how students learn, can improve teacher competency, and (iii) a training-of-trainers model can be effective in a low and middle income country for disseminating neuroscience knowledge, increasing teachers’ knowledge of students’ social and emotional needs, and promoting educational improvement. (shrink)

Predatory pricing is one of the forms of the abuse of a dominant position. Judicial institutions of the European Union and Commission during analysis of predatory pricing devote main attention to the relationship between costs and prices of the dominant undertaking. Moreover, attention is paid also to various cost benchmarks: average variable costs, average avoidable costs, average total costs and long run average incremental costs. European judicial institutions should pay less attention to the costs of a dominant undertaking than to (...) evaluation of the effect of the actions of a dominant undertaking to consumers and competition in the market. Moreover, proposition of the Commission to use average avoidable costs in predation cases does not correspond to the practice of the Court of Justice and the General Court. The Commission should stipulate more clearly how average avoidable costs and long-run average incremental costs should be calculated in order to increase legal certainty of the undertakings. Establishment of prices higher than average total costs by the dominant undertaking should not be recognized as predatory pricing. (shrink)

The aim of this article is to analyse the Czech legislation applicable to surrogacy cases while considering some basic social aspects. First the basic facts of surrogacy as a medical reproductive technique are discussed. Surrogacy is also considered as a social trend, and in terms of selected social aspects, such as the growing number of couples interested in surrogacy and their social status. Nevertheless, the main goal of the paper is to analyse selected legal problems as regards surrogacy and the (...) Czech legislation. Therefore, the authors describe the basic legal framework that has relevancy to surrogacy cases (establishing parenthood and adoption) and identify the most frequent problems concerning surrogacy applications using three model cases. In the concluding remarks the adequacy of Czech legislation is discussed. (shrink)

BackgroundBoth impairment and sex differences in social cognition and neurocognition have been documented in schizophrenia. However, whether sex differences exist in the association between social cognition and neurocognition are not known. We aimed to investigate the contribution of areas of neurocognition to theory of mind and hostility bias, representing social cognition, according to sex in early course schizophrenia.MethodsIn this cross-sectional study, we assessed neurocognition using the Japanese version of the Brief Assessment of Cognition in Schizophrenia and assessed the ToM and (...) hostility bias subdomains of social cognition using the Social Cognition Screening Questionnaire in 131 participants diagnosed with schizophrenia within 5 years of onset. Sex differences were analyzed using t-tests. The associations of neurocognitive subdomains with ToM and hostility bias according to sex were analyzed using multiple regression analysis. Results were adjusted by age, estimated premorbid intelligence quotient, and symptomatology.ResultsNo sex differences were found in ToM or hostility bias. Higher verbal fluency was significantly associated with higher ToM in females, whereas higher executive function was significantly associated with higher ToM in males. Higher verbal fluency was significantly associated with lower hostility bias in females, whereas neurocognition and hostility bias were not significantly associated in males.ConclusionThe results suggest that neurocognition associated with social cognition differ according to sex. These differences should be considered for more effective treatment of social cognition. (shrink)