反垄断请求的可仲裁性问题研究——以美国为视角

本文以美国为视角,对反垄断请求的可仲裁性问题进行了探讨。文章概述了美国法院在这一问题上的态度,讨论了《纽约公约》的相关规定以及美国的有关立法和司法实践,论及了《谢尔曼法》和AmericanSafety等案件,并对美国法院审理三菱汽车公司一案的判决予以重点研究,分析了该案判决对国际商事仲裁所产生的深远影响。     

The place of law in the leadership and management of schools

Change is a feature of life in all communities and results in heightened demands being made of individuals and organizations alike. In the school setting administrators and classroom teachers have to respond to a great variety of demands that change has brought. Accountability, in various guises, is one area where changes in societal attitudes have resulted in greater demands being exacted of all professions including that of teaching. In this regard legal accountability is of considerable concern to schools as legal matters increasingly impact on school policies, practices and procedures. In this article research into the relationship between the law and school leadership and management is explored. A brief overview of research into school management and principals as leaders is followed by a discussion of the need for knowledge of areas of law impacting on schools. The article concludes that in order to ensure a school's legal safety, a preventive legal risk management culture is needed.     

非概念性法学中的事实、价值与行为

作为大多数法学理论著述的一种范式 ,非概念性法学涵盖了十分丰富的内容 ,其目标 ,就是要陈述那些经得住反驳的、有知识旨趣的问题 ,以及法律及其后果的社会作用问题。所以 ,非概念性法学理论都是可证伪的。法学对话 (Legaldialogue)则为检测非概念性法学理论提供了至关重要的途径。因而所有的主张 (无论是明确的主张还是隐含的主张 )都是法学对话参与者试图表达其不同观点的手段 ,而他们所要表达的这些截然不同的观点 ,莫过于以下三大类 ,即 :事实、价值与行为     

Threatening and otherwise inappropriate letters to members of the United States Congress

The authors examine the characteristics of threatening and otherwise inappropriate communications sent to members of the U.S. Congress by a sample of 86 subjects, 20 of whom threatened assassination. We quote excerpts from these letters and provide quantitative data on such variables as the volume, duration, form, and appearance of such communications; the enclosures; the subjects' perceived relationships to the recipients; the thematic content of the communications; and the messages and threats communicated. Comparisons between 43 subjects who pursued encounters with members of Congress and 43 who did not revealed 17 factors associated with such pursuit. In this population, threateners were significantly less likely to pursue an encounter than inappropriate letter writers who did not threaten, regardless of the type of threat or the harm threatened. Inappropriate letters to members of Congress are compared with those directed to Hollywood celebrities. Mentally disordered persons writing to public figures often mention and sometimes threaten public figures other than those to whom the letters are addressed, which raises important issues regarding notification of endangered third parties and the sharing of information among protective agencies.     

The relation between technology import and domestic R&D

The relation between domestic R&D and imports of technology is examined for 10 countries. Simple regressions revealed strong complementarity for each of the countries. Multiple regressions including GNP per capita and number of scientists and engineers were performed for the five countries with time series for all the variables. Strong complementarity was found between technology imports and domestic R&D and other variables for Japan and South Korea, weak for France, none for Germany and the US. Excluding government-financed R&D in the US resulted in a substitutive relation. Japan revealed a sharp decline in the ratio of technology payments to R&D spending; Korea is following in its steps. Complementarity appears to weaken in later stages as technology development strategies shift from dependent to imitative to autonomous or offensive technology development.     

Rational choice theory,public policy and the liberal state

Liberalism requires a high order of responsible behaviour from its citizens in order to be sustainable. Yet when the modern liberal state makes policy, it is the stereotyped economic man, driven by self-interest and influenced only by carrots and sticks, who occupies center stage. This regulatory approach to public policy can be shown theoretically to give rise to a paradox — the greater the need for regulation, the less likely, because of compliance problems, it is to succeed. It is contended that an alternative approach which explicitly focuses on a broader behavioral understanding of citizens' attitudes and motivations provides a rationale for the use of a much wider range of policy instruments than does the regulatory framework, and is also more in keeping with those values necessary to the sustainability of the liberal state.     

美国和欧盟正在分道扬镳吗?--关于文化的概念及文化差异的思考

文化可以定义为一个成规系统,借助这一概念,可以将文化区分为不同的类别,从而清晰地描述和阐释两种或几种文化之间的同异。在伊拉克战争中的不同表现,凸显了美国与欧盟文化层面上的歧异,有学者将之归结为具有"现代"与"后现代"特征的战略文化之间的不同,这种观点值得进一步辨析。文化成规不是一成不变的,美国与欧盟的战略文化也必将随着全球语境的变化而变化。     

Change Management—Strategy and Values in Six Agencies from the Australian Public Service

Change is a ubiquitous theme in management literature, but empirical studies that seek to draw lessons from the experience of managing change are rare. By investigating patterns of change management in six Australian federal agencies, we elicit a number of factors contributing to success—though "success" is itself not a clear-cut concept in this area. We found support for a number of broad themes already apparent in the literature and suggest that change processes that have the support of the workforce require good leadership, an appropriate model of change, some room for negotiation and compromise, and well-planned communication.