试论商品化权

商品化权起源于美国,至今仍处于研究领域。商品化权应是一项权利主体将其拥有的能够创造商业价值的文学艺术作品中的虚拟角色、真实人物及该文学艺术作品的名称和现实生活中的自然人人格标识等自己或授权他人使用的权利。它应由著作权法和人格权法来保护。     

Congressional Vote Options

Numerous accounts reveal that congressional leaders often secure “hip‐pocket votes” or “if you need me” pledges from rank‐and‐file legislators. These are essentially options on votes. Leaders exercise sufficient options—pay legislators to convert to favorable votes—when those options will yield victory. Otherwise, they release the options. A model shows that this optimal strategy for leaders produces many small victories, few small losses, and losses that are, on average, larger than victories. We find precisely these patterns, hence strong evidence for vote options, in Congressional Quarterly key votes from 1975 through 2001 and in non‐key votes from the 106th Congress (1999–2000).     

西夏婚姻家庭法律制度研究

论述西夏的婚姻制度、西夏家庭形态的构成、西夏家庭对国家承担的责任和义务以及西夏亲属关 系中的荫庇、连坐、容隐、亲属互犯、拟制制度。     

Maltreatment and Family Dysfunction in Childhood and the Subsequent Adjustment of Children and Adults

The adjustment problems associated with sexual abuse, physical abuse, psychological maltreatment, neglect, and witnessing family violence during childhood were examined in three studies. Study 1 demonstrated significant overlap between maltreatment types in parent reports (N = 50) of maltreatment experiences of their child aged 5–12 years. Parental sexual punitiveness, traditionality, family adaptability and family cohesion significantly predicted scores on 4 maltreatment scales and children's externalizing behavior problems. Level of maltreatment predicted internalizing, externalizing, and sexual behavior problems. In Study 2, significant overlap was found between adults' retrospective reports (N = 138) of all 5 types of maltreating behaviors. Parental sexual punitiveness, traditionality, family adaptability, and family cohesion during childhood predicted the level of maltreatment and current psychopathology. Although child maltreatment scores predicted psychopathology, childhood family variables were better predictors of adjustment. Study 3 demonstrated that child maltreatment scores predicted positive aspects of adult adaptive functioning (N = 95).     

富有传奇色彩的国际金融家索罗斯

乔治·索罗斯①(George Soros)作为一个国际金融炒家、慈善家、经济学家,是一个极富争议的人物,特别对亚洲来说更是如此,人们对由他引发的亚洲金融危机至今仍记忆犹新。索罗斯的一生与众多重大历史事件有关:20世纪80年代,索罗斯通过其基金会网络深深卷入了苏联东欧的历史巨变;9     

The recovery of finger marks from soot-covered glass fire debris.

This study aimed to expand the scope of previous research by assessing the effectiveness of soot-removal techniques on glass from petrol-bomb debris using methods of 1% and 2% sodium hydroxide (NaOH) solutions, ultrasonic bath and vacuum suction. Of particular interest were the 1% and 2% NaOH solutions applied to the soot-covered surfaces. Petrol bombs containing petrol or a 50:50 mix of petrol and motor oil were exploded and the debris was collected for analysis. Favourable results were found to varying degrees using each of the soot-removal methods with the 1% and 2% NaOH wash solutions, being the most useful. The 2% NaOH solution also proved successful as a soak to loosen and remove heavy contamination of soot and accelerants without damaging the finger mark beneath. This study also found that recovery of finger marks in blood from beneath soot using the 2% NaOH solution was possible. Finger marks were also applied to glass bottles with plastic adhesive labels, and providing the fire damage is not too great marks were also retrievable. Results from this study lead to the conclusion that the NaOH wash solution is ideally suited for soot removal to reveal latent and blood-contaminated marks both within the laboratory and at crime scenes.     

To Wonderland Through the Looking-glass: Conceiving a Critical Legal Argument for Contractual Justice in the South African Law of Contract †

The aim of this paper is to identify the possible substructure (looking glass/es) of a critical legal argument for contractual justice (Wonderland) in the South African law of contract. South African contract law still fails, ten years after the constitutional transformation, to reflect the constitutional ideals of freedom, equality and human dignity in an acceptable manner. I argue that this disposition places a question mark over the legitimacy of contract law and marginalizes opportunities for the social change envisaged by the Constitution. The paper explores Duncan Kennedy’s Form and Substance-argument and indicates that the reluctance to accommodate these values may be attributable to the fact that the majority of role-players position themselves on the individualism/rules side of Kennedy’s continuum – a paradigm that perceives the law of contract as a body of positivistic rules to be applied neutrally and regardless of the social or socio-economic distortions its application may generate. In an attempt to move away from this traditional approach, the privileged paradigm is criticised. A typical CLS-approach is followed which employs sociology, psychological jurisprudence and game theory to criticise the law from outside the restrictive realms of law itself. Simultaneously, I attempt to illuminate the argument for a shift (step through the looking glass) to another paradigm. I conclude that our judiciary finds itself in a position similar to that of Plato’s prisoners in the cave and will not reach the point where they apply relevant (constitutional) values directly to contractual disputes. The State is thus responsible for infusing contract law with contractual justice, by implementing legislation to this effect in order to limit the hegemonic consequences of the judiciary’s obsession with freedom of contract and utopian rules, which fail in reality to further the ideal of justice. Paper presented at the Critical Legal Conference, 4 September 2004, London, UK. This paper is dedicated to the memory of the late Judge of Appeal, Mr. Justice P.J. Olivier. The paper is based on research conducted for the thesis in partial fulfilment of the degree LLD in the Faculty of Law at the University of Pretoria under the title ‘A critical legal argument for contractual justice in the South African law of contract.’ The degree supervisor is Professor Karin van Marle in the Department of Legal History, Comparative Law and Jurisprudence. The author wishes to thank the following persons for valuable deliberations and input: Karin van Marle, Graham Bradfield and Anashri Pillay. In addition, the author wishes to acknowledge and thank the University of Cape Town for financially supporting this research. †Paper presented at the Critical Legal Conference, 4 September 2004, London, UK. This paper is dedicated to the memory of the late Judge of Appeal, Mr. Justice P.J. Olivier. The paper is based on research conducted for the thesis in partial fulfilment of the degree LLD in the Faculty of Law at the University of Pretoria under the title ‘A critical legal argument for contractual justice in the South African law of contract.’ The degree supervisor is Professor Karin van Marle in the Department of Legal History, Comparative Law and Jurisprudence. The author wishes to thank the following persons for valuable deliberations and input: Karin van Marle, Graham Bradfield and Anashri Pillay. In addition, the author wishes to acknowledge and thank the University of Cape Town for financially supporting this research. apply relevant (constitutional) values directly to contractual disputes. The State is thus responsible for infusing contract law with contractual justice, by implementing legislation to this effect in order to limit the hegemonic consequences of the judiciary’s obsession with freedom of contract and utopian rules, which fail in reality to further the ideal of justice.