作品署名的證據認定規則

一、引言創作是一個凝結心智、表達思想的獨立過程。作品是創作者的創造性勞動成果,無論是按照作者的人格學說,還是財產的勞動學說,其只應當歸屬於創作者。但是在實踐中,任何創作過程都是個體性的,任何作品都是形式化的,作品與作者的關係通常是隱蔽的。作品來源的隱蔽性與作品的公共性形成了矛盾,傳播過程中難免會引起     

When Is Justice Fair? An Integrated Approach to the Outcome Versus Procedure Debate

Defendants'perceptions of the fairness of their criminal processing outcomes have been the stated concern of some criminal justice reformers. Past research has suggested that these perceptions are influenced by characteristics of the outcome received as well as by characteristics of the process through which the outcome is imposed. This analysis tests a theoretical path model of perceived outcome fairness, which examines the relative influence of both outcome and process characteristics, using survey data collected from 619 prison inmates incarcerated in Minnesota and Illinois. The results indicate that factors related to both outcome and process significantly influence sample inmates'perceptions of their criminal justice processing outcomes and together explain a substantial portion of the total variance. However, two process-related characteristics are found to be the most powerful predictors of perceived outcome fairness. Inmates'perceptions that they are fairly treated by their lawyer, judge, and prosecutor are the strongest correlates of perceived outcome fairness, followed by the mode of disposition through which their outcomes are imposed; inmates who plea bargain are more likely than those who go to trial to perceive their outcome as fair.     

Closing the Gaps: Plaintiffs in Pivotal Sexual Harassment Cases

When he wrote Debtors in Court almost 30 years ago, Herbert Jacob laid the foundation for the legal mobilization research that has flourished in recent years. In arguing that litigants were political actors, Jacob showed that their social identities and Communications networks influenced their decisions to use the power of the law to vindicate their interests. This paper builds on Jacob's original insights to analyze the origins of the claim for sexual harassment as a Title VII violation. By focusing on the women who filed those claims, the paper examines the interaction of class, gender, and race that created social distance between the women and their harassers and employers. This distance made informal resolution of their disputes impossible, requiring the intervention of third parties. In addition, their Communications networks led them to attorneys able to generate and expand the new claim for sexual harassment. This analysis of a particular moment in legal history reveals the potential political significance of private litigation.     

海子之死的证据学谜区（下）

20年来，伴随着海子诗歌的巨大成功和广泛社会影响，海子逝世的原因也引起社会日益广泛的关注和推测。本文提出了关于海子死亡问题的证据学谜区、广义破案和证明。并对关于海子案件的纷繁杂乱的证据材料之筐、证据系统完型谜区、海子死亡原因的可能性空间、死亡安排、证据理论的难题与困境等问题进行了初步探索。