TRANSSEXUAL PEOPLE IN THE WORKPLACE： ZERO TOLERANCE FOR DISCRIMINATION

Worldwide, transsexual people are often subjected to discrimination and prejudice generally, and, particularly, in the working environment. This has an effect on their physical and mental health. The paper investigates the nature of transsexualism, the change or alignment of a transsexual person＇s sexual expression with her or his internal identity by surgery and hormone therapy, the criteria for such a diagnosis, the causes of transsexualism and the prevalence of same. Relevant South African laws are discussed as background for an analytical discussion of two reported cases of discrimination against transsexual people in the workplace. The writer of the paper welcomes the approach of the Labour Court of utilising these opportunities to destigmatise transsexualism and zero-tolerance for unfair discrimination against transsexual people. These judgments had probably contributed to a better understanding of transsexualism, particularly since such matters seldomly reach the court. The writer views the judgments as wake-up calls for employers （i） not to repeat traditional prejudice towards transsexual people and （ii） to embrace the diversity of employees. She anticipates that this will lead to better employment relations in workplaces, which, in turn, will enhance the quality of working life for transsexual people. The coverage of the cases in the media will also assist in raising awareness of transsexualism among employers, the medical community and the wider population. Following these cases, she suggests that employers have to root out discriminatory practices against transsexual people completely and to display a more mature attitude towards such employees. Moreover, policy-makers in academia and the health sector will have to review, amongst others, the curricula of universities to provide for sexuality training,     

Correlative Factors for Organic Psychotic Symptoms in Patients Following Traumatic Brain Injury

Objective To investigate the correlative factors for organic psychotic symptoms following trau matic brain injury （TBI）. Methods In the current study, 391 subjects who had undergone forensic iden tification of the organic mental disorders due to TBI were included, both the demographic and posttrau matic information collected. The relevant data were statistically analyzed in those confirmed as organic psychotic syndrome according to Chinese Classification of Mental Disorders 3rd version （CCMD3）. Re suits Fiftytwo subjects （13.3%） were identified as organic psychotic symptoms. The chisquare test showed that the detectable organic psychotic symptoms were associated with the marriage status, damage nature, injury severity and treatment, and the multivariate logistic regression analysis revealed good fitness of treatment and injury severity with the regression model （OR=0.044, 95% CI： 0.0170.114; OR=2.145, 95% CI： 1.201-3.832, respectively）. Conclusion The risks of organic psychotic symptoms following TBI can be involved in the alternative of craniotomy for the cases with trauma and moderate brain injury.     

Comparing civil law and common law systems for mergers and acquisitions An economic analysis

＂From the economic point of view, common law is more efficient than civil law.＂ Is this recent statement published in an economic report valid for mergers and acquisitions （M＆A）？ The main objective of this paper is to compare the legal performance of M＆A in France and in the United States. The purpose is to quantify the impact of both legal systems on the long-term performance of M＆A transactions. To carry out this research, a specific methodology was developed and the results of which are evaluated. Two legal structures for M＆A transactions were retained： the purchase of shares （share deal）, and the purchase of assets （asset deal）. Each of these acquisition structures was then subdivided into eleven steps composing the process, for example from preliminary information, letter of intent, due diligence, stock or asset purchase agreement, closing, to litigation with formal summons. Performance was then measured by taking into account time, cost, and satisfaction factors. The time factor was broken down into person-days and the number of days, weeks, or months required to complete each step. French and U.S. respondents were asked to fill out a questionnaire with reference to a specific acquisition project. A typical question was for instance： What is your estimate of working days to complete this step （person-days）？ Radar charts were used to compare the mean of each performance factor. In order to check for correlations among the performance factors, an inter-factors analysis （regression） was carried out. The research findings are presented in this paper. Results show that a share deal in France is generally cheaper and participants indicate a significantly greater amount of satisfaction than in the U.S. However, for the time factor, the results vary. The conclusion is that the application of the civil code rather than common law does not reveal substantial differences as far as M＆A transactions are concerned. One reason is that in both France and the U.S. these transactions are carried out following standard procedures in compliance with common contractual practices.     

SIMULARIZING VIJNANA AND DESIRE,REPEATING YI AND JUSTICE： TRANSPLANTING DELEUZEAN BECOMING INTO THE MACHINE OF HONG KONG ANTI-DOMESTIC VIOLENCE LAW

The law controlling domestic violence in Hong Kong was amended in 2008 and 2009 The revised law introduces a new injunction order which can mandate that abusers attend counseling programmes, and extends legal protection to same-sex couples. As the author have argued elsewhere, the changes in the law can create （gender/sexual） justice as both issues engage with traditional Han-Chinese culture. Nonetheless, with the implementation of the new machine, the following two questions still need to be addressed. Can the changes produce justice？ What is justice？ This paper investigates, in Deleuzean terms, how the machine of anti-domestic violence law in Hong Kong creates the becoming of justice. Hopefully, the examination of this issue can also shed light on the future development in mainland China of the law controlling domestic violence.     

＂With faces hidden while the walls were tightening＂： Applying international human rights standards to forensic psychology

This paper considers the relationship between forensic psychology and international human rights standards （and about the relationship between mental disability law and such standards in general）, especially in the contexts of the sorts of cases in which forensic psychologists are involved, the special issues in the context of nations with developing economies, and the relevance of international mental health norms. I conclude by focusing on the use of therapeutic jurisprudence as an interpretive tool, and offering suggestions as to how the practice of forensic psychologists can and should best incorporate international human rights standards and principles in their work.     

CHINA＇S OUTBOUND MERGERS AND ACQUISITIONS IN THE U.S.

Although scholars have long studied the acquisition by American firms of Chinese firms in China, surprisingly little research has been undertaken about Chinese firms acquiring American firms in the U.S. The significance of Chinese outbound M＆A deals in the U.S. lies in its demonstration that no all-encompassing, reductive theory can apply to all M＆A deals. This is because in each M＆A deal considerations vary widely, and these variations are the result of different acquiring firms, target firms, and jurisdictions. China＇s outbound M＆A deals in the U.S. illustrate this point well for two reasons. Firstly, most cross-border M＆A activities involve acquiring firms from developed markets and target firms from emerging markets,＂ by contrast, Chinese M＆A activities in the U.S. exemplify emerging-market firms intending to acquire firms in a developed market. Secondly, and more importantly, while the objective among American firms in acquiring Chinese firms is acquiring market share for the most part, the goals of Chinese firms, by contrast, revolve around the more advanced technology and better management offered by American firms. Because China＇s outbound M＆A activities in the U.S. is a relatively new phenomenon, this article covers some important issues in this generally untapped area based on limited cases, data, and scholarly articles that are available.     

RELIGIOUS MINORITIES IN THE MEDIA SPACE OF THE REPUBLIC OF CROATIA

The roots of armed conflicts that spread over the territory of the Former Yugoslavia in 1990＇s had been largely connected with the religious differences among members of the Orthodox Church （Serbs and Montenegrins）, the Catholic Church （Croats） and Muslims （Bosniaks）. During the time of war in the involved States （Croatia, Bosnia and Herzegovina, Serbia and Montenegro）, the media significantly contributed to spread hatred and intolerance among religious groups. In the post-war period, the situation has gradually improved. So nowadays, there is a complex network of laws and rules intended to protect and respect the rights of religious minorities in Croatia. Moreover, a wide range of laws regulate the rights of religious minorities access to the Croatian public television and radio. However, despite a well-defined legal framework, religious minorities continue to be dissatisfied with the way the media deal with religion and relevant issues in practice. Their plea for impartial and neutral media is easy to undarstand if we take into consideration the fact that the media have an utmost importance in raising public awarness in the area of rights of religious minorities, the improvement of their status and tolerance of majority population in that respect.     

SERVICE UTILIZATION AND SATISFACTION WITH SERVICE PROVIDERS IN VICTIMS OF RAPE AND SEXUAL ASSAULT

The aim of the present study was to investigate service utilization and satisfaction with service delivery among victims of rape and sexual assault. The victims completed a questionnaire comprising questions about whether they felt they received the appropriate help following an assault and whether they were met with positive staff attitudes within the public treatment system. The victims completed the questionnaire at three different time points： one month, three months and six months following an assault. Results showed that a high number of victims were satisfied with the support and treatment they received from psychologist and other part of the public help system. However, a high number of victims also reported receiving insufficient help from the social service and the police. Results are discussed in terms of consequences for victim recovery and the importance of receiving feedback from the victims in order to improve public service provision for victims of rape and sexual assault.     

Pragmatic relevance/strength of lexico-grammar choices in EU legal documents

The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions （CoR） and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents （Proposals and Opinions） whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are： welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of＇advocacy＇ （i.e., when researchers are asked to use their expertise to defend the subjects＇ interests in healthcare, education, political rights, and cultural autonomy）. This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.     

Gender violence： A perception that the law discriminates in favor of women

Prior to the democratization of the South African society, human rights culture was at a lower ebb, both within the government and the society at large. The society was male dominated and the vulnerable members of society, ostensibly women and children, were not adequately protected against their male counterparts. The Republic of South Africa Constitution Act, brought with it a bill of rights which is justiciable and this led to the promulgation of various legislative measures, notably the Prevention of Family Violence Act, which was later replaced by the Domestic Violence Act, in terms whereof the state attempts to curb the scourge of gender and related violence.     

The clash of rights： Sexual violence and ethnic prejudices

The global spread of the recent financial crisis reveals the crisis of the social model at the base of Western societies. This can be seen from the increased social inequality and poverty, linked to increasing rates of unemployment levels within the so-called advanced capitalistic society. These societies, particularly the European ones, are interested at the same time in the migration and acquire the status of multicultural society. The mixture of the two phenomena, the economic and social crisis on the one hand, the increasing of migration flows on the other, led to deep divisions in that societies, whose consequences are felt by the most vulnerable groups： migrants and women. The associations complain of the increased exploitation of migrant labour, which creates resentment in the population, the unions complain the most violent fallout of the crisis of the labour market on women than men. In the Italian context occur that the two forms of discrimination have been dramatically intertwined： the public was captured by a sequence of shocking rapes of women by neo-communitarian citizens. The panic induced by the media has prevented a proper reflection on what was happening, crediting a model of criminalization of foreigners and increasing perception of insecurity in women. The scenario problematic from a legal standpoint, to which this article addresses, is a dangerous polarization between the protection of freedom of women and the respect for the social dignity of migrants. In relation to this scenario highly critical, in which is erroneously included women as a minority in conflict with another minority-migrants, the article aims to identify in a comparative way the best tools to prevent the ethnicization of gender violence.     

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE ENCOUNTER： HOW DUNCAN KENNEDYAND CHINESE LEGAL SCHOLARS VIEW LEGAL TRANSPLANTS AND THE RULE OF LAW -- A COMMENTARY ON THE HARVARD-RENMIN VIRTUAL WORKSHOP ON DUNCAN KENNEDY＇S THREE GLOBALIZATIONS OF LAW AND LEGAL THOUGHT

Concerned about China＇s future, a panel of Chinese legal scholars invited Professor Duncan Kennedy to discuss legal transplants and the rule of law. This commentary contextualizes their ideas and concerns and aims to clarify some concepts and arguments that underlay their discussion. At times though using the same words the participants were talking about different things. By legal transplants, the Chinese scholars were initially speaking of specle laws, while Duncan Kennedy was referring to legal thought. By law being political, Duncan Kennedy largely meant the distributive and discretionary nature of adjudication, while the Chinese participants were criticizing the interference by the Party and the government with judicial practice. Yet through this encounter, much was exchanged and debated. Regarding the triggers of legal transplants, the Chinese participants emphasized the law＇s quality and the donor＇s power, while Duncan Kennedy was more interested in chance and the recipient＇s strategy. Among the multiple ways of defining the rule of law, both sides agreed that it should be an institutional framework within which an independent judiciary checks the executive power. Nonetheless, each side had their own hopes and reservations on how this institutional framework can enable judges to faithfully apply the law.     

The Procedural School of Sao Paulo

The Procedural School of Sao Paulo originated itself from the lessons of Enrico TuUio Liebman, Italian scholar, during his stay in Brazil at the time of the Second World War, and consisted of the gathering of local studious participants who had a methodological unity and a scientific point of view of the procedure. The School spread for all the country. The master died in 1986, but his influence is still alive among us. Everywhere and in every Brazilian author＇s writings, one may recognize the master＇s method as well as his most important ideas.     

Victim impact statements and the role of the South African criminologist

This article explores the developments in the plight of victims as well as the professional role of the South African criminologists in offering assistance to victims of crime by compiling victim impact statements on behalf of victims. The VIS has a significant contribution to make in a stage of the judicial process where acknowledgement of a victim takes place after a judgment or a guilty conviction. During the trial process a victim in legal terms does not exist. It is only at this final stage before sentencing that the court will view the complainant as a victim. It is imperative that the complainant＇s voice is heard as a victim-one who has suffered loss regardless of its shape and form. The all encompassing contribution of the VIS lies in its empowering nature due to the fact that it also can contribute to crime prevention by lowering the crime rate and reducing the cyclical nature of violence and crime.     

IS FREEDOM OF SPEECH POSITIVE OR NEGATIVE？

What is the nature of freedom of speech？ The First Amendment to the U.S. Constitution is often taken as an important example of free speech protection. However, the premise underlying the First Amendment is that freedom of speech is positive rather than negative. Yet such a conclusion is far from being proved. The original academic model of freedom of speech is usually understood as the model of ＂minimal government. ＂According to this paradigm, harmful speech should not be constrained but rather contested in the ＂free marketplace. ＂Allowing ＂more and better speech＂ to challenge the harmful speech seems to be the best reconciliation. But ＂more and better speech＂ could fail in some occasions as well as the marketplace theory. Does the enforcement of legal protection in such area or the interference of the government always end up in over expanding and abuse of power？ As a matter of fact, China is now facing the same challenge as the Western society. How should we reconcile the legal protection of sinking voices, the limitation of against harmful speech and the governmental power of censorship？ Through discussing the several cases in China, we try to examine the consequence of both the old and new media techniques and internet that challenge not only the authority of the traditional power but also endanger the rights of individuals.     

24th IVR world congress： Global harmony and rule of law

XIV World Congress of Philosophy of Law and Social Philosophy will be held in Beijing on September 15-20, 2009. The main theme of the 24th IVR World Congress is ＂global harmony and rule of law＂. The concept of harmony has figured prominently in both eastern and western philosophical traditions, and can be interpreted to describe the developmental goals of many societies. Unlike the more often invoked concept of ＂＇globalization＂, ＂global harmony＂ captures many of our shared ideals concerning the relationships among countries, cultures, and legal systems, as well as between human kind and nature. By proposing to examine the role of the rule of law in promoting global harmony, the hosts of the 24th IVR World Congress hope not only to give greater voice to traditions and contemporary thinking in non-western cultures, but also to suggest new dimensions of collaboration among eastern and western scholars.