Work, Identity, and the Regulation of Markets: A Study of Trademark Law in the United States and Germany

This article considers how legal systems capture different cultural perceptions of work in an individual’s life. We inquire how two models—“human capital,” based on the works of Adam Smith; and “vocation,” based on the works of G. W. F. Hegel—are reflected in legal regulations and judicial rhetoric in the United States and Germany. Specifically, we examine how these two legal systems treat the practice of using personal names—the most direct referents to individuals’ identities—in business. We discuss three sets of cases: cases involving the use of personal names as trademarks, cases involving conflicts between parties with similar names, and cases involving the transfer of rights in personal names. The article demonstrates that the US legal system treats work as a commercial asset, as “human capital” in Smith’s sense, whereas German law perceives work as an integral part of one’s identity, echoing the Hegelian line of “vocation.”

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Foreign Relations Law

The Oxford Handbook of Comparative Foreign Relations Law ◽

10.1093/oxfordhb/9780190653330.013.3 ◽

2019 ◽

pp. 43-61

Author(s):

Karen Knop

Keyword(s):

United States ◽

International Law ◽

Foreign Relations ◽

Comparative Law ◽

The United States ◽

Legal Systems ◽

The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

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Immigrant Entrepreneurship: The Effect of Early Career Immigration Constraints on New Venture Formation

Organization Science ◽

10.1287/orsc.2021.1485 ◽

2021 ◽

Author(s):

Rajshree Agarwal ◽

Martin Ganco ◽

Joseph Raffiee

Keyword(s):

United States ◽

Human Capital ◽

The United States ◽

Early Career ◽

Theory And Practice ◽

New Venture ◽

Opportunity Costs ◽

Paid Employment ◽

Specialized Human Capital ◽

New Venture Formation

We examine how institutional factors may affect microlevel career decisions by individuals to create new firms by impacting their ability to exercise entrepreneurial preferences, their accumulation of human capital, and the opportunity costs associated with new venture formation. We focus on an important institutional factor—immigration-related work constraints—given that technologically intensive firms in the United States not only draw upon immigrants as knowledge workers but also because such firms are disproportionately founded by immigrants. We examine the implications of these constraints using the National Science Foundation’s Scientists and Engineers Statistical Data System, which tracks the careers of science and engineering graduates from U.S. universities. Relative to natives, we theorize and show that immigration-related work constraints in the United States suppress entrepreneurship as an early career choice of immigrants by restricting labor market options to paid employment jobs in organizational contexts tightly matched with the immigrant’s educational training (job-education match). Work experience in paid employment job-education match is associated with the accumulation of specialized human capital and increased opportunity costs associated with new venture formation. Consistent with immigration-related work constraints inhibiting individuals with entrepreneurial preferences from engaging in entrepreneurship, we show that when the immigration-related work constraints are released, immigrants in job-education match are more likely than comparable natives to found incorporated employer firms. Incorporated employer firms can both leverage specialized human capital and provide the expected returns needed to justify the increased opportunity costs associated with entrepreneurial entry. We discuss our study’s contributions to theory and practice.

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American Defence Legal Systems in Germany

Medicine Science and the Law ◽

10.1177/002580248102100104 ◽

1981 ◽

Vol 21 (1) ◽

pp. 10-15

Author(s):

E. J. Bellen

Keyword(s):

United States ◽

The United States ◽

United States Military ◽

Court System ◽

Legal Systems

The purpose of this paper is to give a brief sketch of the United States military court system and present a working example of it.

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Human capital and export diversification as new determinants of energy demand in the United States

Energy Economics ◽

10.1016/j.eneco.2018.11.016 ◽

2019 ◽

Vol 78 ◽

pp. 335-349 ◽

Cited By ~ 28

Author(s):

Muhammad Shahbaz ◽

Giray Gozgor ◽

Shawkat Hammoudeh

Keyword(s):

United States ◽

Human Capital ◽

Energy Demand ◽

The United States ◽

Export Diversification

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What Happens after an Abortion Denial? A Review of Results from the Turnaway Study

AEA Papers and Proceedings ◽

10.1257/pandp.20201107 ◽

2020 ◽

Vol 110 ◽

pp. 226-230

Author(s):

Sarah Miller ◽

Laura R. Wherry ◽

Diana Greene Foster

Keyword(s):

United States ◽

Human Capital ◽

Longitudinal Data ◽

Administrative Data ◽

The United States ◽

Opportunities To Learn ◽

Study Team

We provide a brief overview of the Turnaway Study, the first study to collect longitudinal data on individual women who received versus were denied a wanted abortion in the United States. The study team collected data on nearly 1,000 women seeking an abortion from 30 facilities around the country and followed them for 5 years. We discuss some of the main findings from the study related to the health, labor, and human capital outcomes of the women who were denied abortions and gave birth. We conclude by describing future opportunities to learn from the study with new linkages to administrative data.

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Local multipliers and human capital in the United States and Sweden

Industrial and Corporate Change ◽

10.1093/icc/dts051 ◽

2013 ◽

Vol 22 (1) ◽

pp. 339-362 ◽

Cited By ~ 68

Author(s):

E. Moretti ◽

P. Thulin

Keyword(s):

United States ◽

Human Capital ◽

The United States

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Overcoming the “Trump Trap”: How Thucydides Can Be Better Applied to US Policy on China

East Asian Policy ◽

10.1142/s1793930521000143 ◽

2021 ◽

Vol 13 (02) ◽

pp. 80-92

Author(s):

Leif-Eric EASLEY

Keyword(s):

United States ◽

Human Capital ◽

Political Theory ◽

Good Governance ◽

The United States ◽

International Agreements ◽

Ancient History ◽

Methodological Problems ◽

Thucydides Trap ◽

Rising Power

Analogies to the Peloponnesian War have been misapplied in studies of US–China relations, especially regarding the so-called “Thucydides trap” of inevitable conflict between an established power and a rising power. This article addresses methodological problems with deriving policy lessons from political theory and ancient history. It then argues that Thucydides is more applicable to overcoming a pattern of leadership mistakes reminiscent of Athens’ populist politics, erosion of international agreements and mismanagement of alliances. To meet the China challenge, the United States must renew its national strength with good governance, productive interdependence, and sustained investment in human capital.

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The Present as the Future, 2

Economics in Perspective ◽

10.23943/princeton/9780691171647.003.0022 ◽

2017 ◽

Author(s):

John Kenneth Galbraith

Keyword(s):

United States ◽

Human Capital ◽

Fiscal Policy ◽

The United States ◽

Market Discipline ◽

Industrial Countries ◽

The Future ◽

To Come ◽

Monetary And Fiscal Policy ◽

Future 2

This chapter examines various developments in economics that are part of the present and will contend against the neoclassical tradition for recognition in the future. Industrial countries, including the United States, have already become deeply concerned with the economic ideas and more especially their practice in Japan. The chapter considers some of the lessons to come and that are coming from Japan, such as the industry–government cooperation and investment in human capital, It also discusses a number of ways to escape market discipline and deal with competition, including a return to tariff protection, and how the distinction between microeconomics and macroeconomics will blur and disappear due to factors such as the dynamic of prices and wages as a determinant of both inflation and unemployment. Finally, it comments on the future of domestic monetary and fiscal policy in relation to a nation's international position.

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Cross Cultural Perceptions on Privacy in the United States, Vietnam, Indonesia, and Taiwan

Online Consumer Protection ◽

10.4018/978-1-60566-012-7.ch014 ◽

2009 ◽

pp. 284-299 ◽

Cited By ~ 2

Author(s):

Andy Chiou

Keyword(s):

United States ◽

Focus Groups ◽

The United States ◽

Cross Cultural ◽

Future Research ◽

The Internet ◽

Single System ◽

Cultural Perceptions ◽

Internet Privacy ◽

Different Cultures

In this chapter, the authors will briefly discuss some cross cultural concerns regarding Internet privacy. The authors believe that due to the cross cultural nature of the Internet itself, different cultures will tend to result in different concerns regarding Internet privacy. As such, there is no single system of protecting Internet privacy that may be suitable for all cultures. The authors also utilize focus groups from various countries spanning Asia and the United States to discover the differences between cultures. Hopefully an understanding of such differences will aid in future research on Internet privacy to take a more culture sensitive approach.

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