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The U.S. Supreme Court's decision
Monday to let stand a ruling in an online defamation case will make it more
difficult to determine correct legal jurisdictions in other Internet eases,
legal experts said. By opting not to take the case, the
high court effectively endorsed a lower court's decision that a Colorado company
that posts ratings of health plans on the Internet could be sued for defamation
in a Washington court. The lower court ruling is one of several that makes it
easier for plaintiffs to sue Web site operators in their own jurisdictions,
rather than where the operators maintain a physical presence.
The case involved a defamation suit filed by Chehalis, Wash.-based
Northwest Healthcare Alliance against Lakewood, Colo. -based Healthgrades.com.
The Alliance sued in Washington federal court after Healthgrades. com
posted a negative ranking of Northwest Healthcare's home health services on the
Internet. Healthgrades. com argued that it should not be subject to the
jurisdiction of a court in Washington because its publishing operation is in
Colorado. Observers said the fact that the Supreme Court opted
not to hear the case only clouds the legal situation for Web site
operators. Geoff Stewart, a partner at Jones Day in Washington,
D. C. , said that the Supreme Court eventually must act on the issue, as
Internet sites that rate everything from automobile dealerships to credit offers
could scale back their offerings to avoid lawsuits originating numerous
jurisdictions. Online publishers also might have to worry about
being dragged into lawsuits in foreign courts, said Dow Lohnes & Albertson
attorney Jon Hart, who has represented the Online News Association.
"The much more difficult problems for U. S. media companies arise when
claims are brought in foreign countries over content published in the United
States," Hart said. Hart cited a recent case in which an Australian court ruled
that Dow Jones must appear in a Victoria, Australia court to defend its
publication of an article on the U. S. -based Watt Street Journal Web
site. According to Hart, the potential chilling effect of those
sorts of jurisdictional decisions is substantial. "I have not yet seen
publishers holding back on what they otherwise publish because they're afraid
they're going to get sued in another country, but that doesn't mean it Won't
happen if we see a rash of U. S. {{U}}libel{{/U}} cases against U. S. media
companies being brought in foreign countries," he said. Until
the high court decides to weigh in directly on this issue, Web site operators
that offer information and services to users located outside of their home
states must deal with a thorny legal landscape, said John Morgan, a partner at
Perkins Coie LLP and an expert in Internet law.
单选题The style of the second paragraph is mainly
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A patent is an exclusive right given to
an inventor for his or her invention. In other words, a patent is a monopoly
right given to the inventor for the invention. A patent confers on the inventor
the right to price and to sell the invention in any way he or she desires, in
the United States, patents are granted by the Patent Office for 17 years.
Although economists generally condemn monopoly as a form of market organization
since monopoly imposes costs on the economy, patents present a more subtle case
for monopoly theory. Specifically, can patent monopolies be justified?
In general, economists complain about the costs of monopoly because they
believe that the same industry could be organized competitively. A patent
monopoly grant for 17 years presents a different problem. That is, the purpose
of the patent system is to encourage invention. The issue is not monopoly versus
competition but, more fundamentally, invention versus no invention. Is the world
better off with the invention, even though it is monopolized for 17 years? In
other words, what are the costs and benefits of a patent?
Consider the simple case of a new consumer product with a positive demand,
such as a camera utilizing a new exposure process. The costs of the patent
monopoly are simply the deadweight costs of monopoly measured by the lost
consumers' surplus from the 17-year patent monopoly. This cost must be assessed
carefully in the context of an invention, however. What are the benefits of the
patent system? First, there is the increase in consumer well-being brought about
immediately by a desirable invention. In 17 years, the patent monopoly ends, and
a second source of benefits arises: The price of cameras will fall to a
competitive level, and consumers will reap the benefits of the camera at a lower
price. In sum, theory of monopoly helps us to assess the costs and benefits of
the patent. One can quibble about patent monopolies, arguing, for example, that
they are granted for too long a time. In the end, the patent
system creates goods and services and technologies that did not previously
exist. In this respect it is a valuable System for the economy. The patent
system also underscores the importance of property rights to ideas as a source
of economic growth and progress.
单选题If Google IPO works,
单选题Adults typically need seven to nine hours of sleep each night to feel fully rested and function at their best. (1) , Americans are getting less sleep than they did in the past. A 2005 National Sleep Foundation poll found that Americans (2) 6.9 hours of sleep per night, which represents a drop of about two hours per night (3) the 19th century, one hour per night over the past 50 years, and about 25 minutes per night just since 2001. (4) , we are not very good at perceiving the (5) effects of sleep deprivation. Researchers at the University of Pennsylvania restricted (6) to less than six hours in bed per night for two weeks. The volunteers (7) only a small increase in sleepiness and thought they were (8) relatively normally. However, formal testing showed that their cognitive abilities and reaction times (9) declined during the two weeks. By the end of the two-week test, they were as (10) as subjects who had beer awake (11) for 48 hours. A recent review by a team from Case Western Reserve University and Harvard Medical School found that all of the large studies that followed people over time agreed that short sleep duration was (12) with future weight gain. This connection was (13) strong in children: all 31 studies in children showed a strong association between short sleep (14) and current and future obesity. (15) , a study by Susan Redline and colleagues showed an opposite (16) between sleep duration and obesity in high-school-age students. The shorter the sleep, the higher the (17) of being overweight We have many opportunities to avoid sleep—lights, electronic devices, and other entertainment offer round-the-clock (18) . But we must recognize the importance of sleep and make it a(n) (19) to get enough. It is a lot easier to prevent weight gain by getting enough sleep than it is to treat the problem (20) it develops.
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单选题In most people's mind, growth is associated with prosperity. We judge how well the economy is doing by the size of the Gross National Product (GNP), a measure, supposedly, of growth. Equally axiomatic, however, is the notion that increased pressure on declining natural resources must inevitably lead to a decline in prosperity, especially when accompanied by a growth in population. So, which is correct? What growth advocates mean, primarily, when they say growth is necessary for prosperity is that growth is necessary for the smooth functioning of the economic system. In one field the argument in favor of growth is particularly compelling and that is with regard to the Third World. To argue against growth in light of Third World poverty and degradation seems unsympathetic. But is it? Could it be that growth, especially the growth of the wealthier countries, has contributed to the impoverishment, not the advancement, of Third World countries? If not, how do we account for the desperate straits these countries find themselves in today after a century of dedication to growth? To see how this might be the case we must look at the impact of growth on Third World countries—the reality, not the abstract stages-of-economic-growth theory advocated through rose colored glasses by academicians of the developed world. What good is growth to the people of the Third World if it means the conversion of peasant farms into mechanized agri-businesses producing commodities not for local consumption but for export, if it means the stripping of their land of its mineral and other natural treasures to the benefit of foreign investors and a handful of their local collaborators, if it means the assumption of a crushing foreign indebtedness? Admittedly, this is an oversimplification. But the point, I believe, remains valid: that growth in underdeveloped countries cannot simply be judged in the abstract; it must be judged based on the true nature of growth in these societies, on who benefits and who is harmed, on where growth is leading these people and where it has left them. When considered in this way, it just might be that in the present context growth is more detrimental to the well-being of the wretched of the earth than beneficial. So, do we need growth for prosperity? Only the adoption of zero growth can provide the answer. But that is a test not easily undertaken. Modem economies are incredibly complex phenomena, a tribute to man's ability to organize and a challenge to his ability to understand. Anything that affects their functioning, such as a policy of zero growth, should not be proposed without a wary carefulness and self-doubting humility. But if the prospect of leaping into the economic unknown is fear-inspiring, equally so is the prospect of letting that fear prevent us from acting when the failure to act could mean untold misery for future generations and perhaps environmental disaster which threaten our very existence.
单选题In paragraph 2, the underlined word "stint" is most similar in use to______.
单选题At first, the new lightweight drill has been invented to
单选题Until the late 1940s, when television began finding its way into American homes, companies relied mainly on print and radio to promote their products and services. The advent of television (1) a revolution in product and service. Between 1949 and 1951, advertising on television grew 960 percent. Today the Internet is once again (2) promotion. By going online, companies can communicate instantly and directly with prospective customers. (3) on the World Wide Web includes advertising, sponsorships, and sales promotions (4) sweepstakes, contests, coupons, and rebates. In 1996 World Wide Web advertising revenues (5) $ 300 million. Effective online marketers don't (6) transfer hard-copy ads to cyberspace. (7) sites blend promotional and non-promotional information indirectly delivering the advertising messages. To (8) visits to their sites and to create and (9) customer loyalty, companies change information frequently and provide many opportunities for (10) . A prototype for excellent (11) promotion is the Ragu Web site. Here visitors can find thirty-six pasta recipes, take Italian lessons, and view an Italian film festival, (12) they will find no traditional ads. (13) subtle is the mix of product and promotion that visitors hardly know an advertising message has been (14) Sega of America, maker of computer games and hardware, uses its Web site for a (15) of different promotions, such as (16) new game characters to the public and supplying Web surfers the opportunity to (17) games. Sega's home page averages 250,000 visits a day. To heighten interest in the site, Sega bought an advertising banner on Netscape (18) increasing site visits by 15 percent. Online (19) in Quaker Oats' Gatorade promotion received a free T-shirt in exchange for answering a few questions. Quaker Oats reports that the online promotion created product (20) and helped the company know its customers better.
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For me, scientific knowledge is divided
into mathematical sciences, natural sciences or sciences dealing with the
natural world (physical and biological sciences), and sciences dealing with
mankind (psychology, sociology, all the sciences of cultural achievements. every
kind of historical knowledge). Apart from these sciences is
philosophy, about which we will talk later. In the first place, all this is pure
or theoretical knowledge, sought only for the purpose of understanding, in order
to fulfill the need to understand that is intrinsic and con-substantial to man.
What distinguishes man from animals is that he knows and needs to know. If man
did not know that the world existed, and that the world was of a certain kind,
that he was in the world and that he himself was of a certain kind, he wouldn't
be man. The technical aspects or applications of knowledge are equally necessary
for man and are of the greatest importance, because they also contribute to
defining him as man and permit him to pursue a life increasingly more truly
human. But even while enjoying the results of technical
progress, man must defend the primacy and autonomy of pure knowledge. Knowledge
sought directly for its practical applications will have immediate and
foreseeable success, but not the kind of important result whose revolutionary
scope is for the most part unforeseen, except by the imagination of the
Utopians. Let me recall a well-known example. If the Greek mathematicians had
not applied themselves to the investigation of conic section zealously and
without the least suspicion that it might someday be useful, it would not have
been possible centuries later to navigate far from shore. The first men to study
the nature of electricity could not imagine that their experiments, carried on
because of mere intellectual curiosity, would eventually lead to modern
electrical technology, without which we can scarcely conceive of contemporary
life. Pure knowledge is valuable for its own sake, because the
human spirit cannot resign itself to ignorance. Butt in addition, it is the
foundation for practical results that would not have been reached if this
knowledge had not been sought disinterestedly. {{B}}Notes:{{/B}} intrinsic
固有的。con-substantial 同体的。autonomy 自主性。zealously and without the least
suspicion热情地并丝毫也没有想到。for the most part 大部分,主要地。Utopian乌托邦,理想主义。disinterestedly
不偏不倚地。resign oneself to 听任,顺从。
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单选题Which of the following proposals best responds to the issues raised by the author?
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单选题According to the author, "political fanatics" (Para. 2) more often than not fall victim to [A political realities. [B] wild illusions. [C] adverse comments. [D] noble qualities.
单选题It was a ruling that had consumers seething with anger and many a free trader crying foul. On November 20th the European Court of Justice decided that Tesco, a British supermarket chain, should not be allowed to import jeans made by America's Levi Strauss from outside the European Union and sell them at cut-rate prices without getting permission first from the jeans maker. Ironically, the ruling is based on an EU trademark directive that was designed to protect local, not American, manufacturers from price dumping. The idea is that any brand-owning firm should be allowed to position its goods and segment its markets as it sees fit: Levi's jeans, just like Gucci handbags, must be allowed to be expensive. Levi Strauss persuaded the court that, by selling its jeans cheaply alongside soap powder and bananas, Tesco was destroying the image and so the value of its brands—which could only lead to less innovation and, in the long run, would reduce consumer choice. Consumer groups and Tesco say that Levi's case is specious. The supermarket argues that it was just arbitraging the price differential between Levi's jeans sold in America and Europe—a service performed a million times a day in financial markets, and one that has led to real benefits for consumers. Tesco has been selling some 15,000 pairs of Levi's jeans a week, for about half the price they command in specialist stores approved by Levi Strauss. Christine Cross, Tesco's head of global non-food sourcing, says the ruling risks "creating a Fortress Europe with a vengeance". The debate will rage on, and has implications well beyond casual clothes (Levi Strauss was joined in its lawsuit by Zino Davidoff, a perfume maker). The question at its heart is not whether brands need to control how they are sold to protect their image, but whether it is the job of the courts to help them do this. Gucci, an Italian clothes label whose image was being destroyed by loose licensing and over-exposure in discount stores, saved itself not by resorting to the courts but by ending contracts with third-party suppliers, controlling its distribution better and opening its own stores. It is now hard to find cut-price Gucci anywhere. Brand experts argue that Levi Strauss, which has been losing market share to hipper rivals such as Diesel, is no longer strong enough to command premium prices. Left to market forces, so-so brands such as Levi's might well fade away and be replaced by fresher labels. With the courts protecting its prices, Levi Strauss may hang on for longer. But no court can help to make it a great brand again.
