美国医师道歉制度及其对证据法的影响

在病人安全运动的推动下,从上世纪80年代开始美国各州陆续制定了道歉法案,并逐渐确立了排除医师道歉自认效力的制度。该制度实施以来,理论界一直争议不断。各州的医师道歉制度在内容、形式、时间、对象及是否仅适用于诉讼程序方面不尽相同,也导致实务中医师因担心法律风险而拒绝道歉,以及法院挑选等问题。不过,理论和实证研究数据均表明,该制度的确能够减少医疗诉讼数量、降低医疗损害索赔数额,从而缓和医患关系。为了使其更好的发挥作用,学者们提出了对联邦证据法的修订建议。在构建和谐医患关系的目标下,该制度及其对证据法的影响,值得我国加以学习和借鉴。     

Hegel's critique of liberalism and natural law: Reconstructing ethical life

This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to achieve a present-day communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism.     

Do juvenile curfew laws work? A time-series analysis of the New Orleans law

Juvenile curfew laws are one of the most recent weapons for combating delinquency, but little is known about their effectiveness. This study examines the impact of the juvenile curfew law in New Orleans, Louisiana on victimizations, juvenile victimizations, and juvenile arrests. Interrupted time-series analyses are used to compare victimizations and arrests before and after the curfew was implemented. The results show the ineffectiveness of the curfew. Victimizations, juvenile victimizations, and juvenile arrests during curfew hours did not decrease significantly after the law went into effect; some victimizations during non-curfew hours increased significantly after the law was implemented.     

“双轨制”与海事人际法律冲突

中国海事法律“双轨制”,与差异性的身份立法密切相关,并衍生出海事人际法律冲突.从人际冲突法（人际私法）的理论视角研究“双规制”现象后认为：基于形势发展,可淡化主体身份要素差异的,以统一实体法消除海事人际法律冲突,是为“并轨”;源于政策需要,维持身份立法差异与“分轨”现状的,应完善人际私法原则、制度与规范,以解决由此产生的人际法律冲突.中资外轮沿海捎带进出口重箱,由于捎带服务提供者的法律身份不同,也存在法律适用的“分轨制”问题,应设置人际冲突规范加以应对.     

How to build European private law: an economic analysis of the lawmaking and harmonization dimensions in European private law

In the process of building a European Private Law, the lawmaking and harmonization dimensions??the modes of harmonization and even more, the scope and reach of the harmonizing effect of the European rules- appear as crucial issues. We show how the harmonization strategy is as important a question as whether we should have European Private Law at all. We present an economic discussion of the different modes of harmonizing Private Law in the abstract, and how they are likely to differently affect outcomes. We also present in informal terms a simple economic model of how to build optimal harmonized rules and standards in a setting of pre-existing separate and diverse national ones, and we systematically explore how the different harmonization regimes (maximum harmonization, minimum harmonization, and pure co-existence of harmonized and national standards) affect the outcomes of the harmonization process.     

Prompt-pay laws: a state-by-state analysis

The following cases are the result of research performed in all state jurisdictions for any cases addressing "prompt pay." Also included is a state survey of prompt-pay statutes.     

Neuroscience and behavioral genetics in US criminal law: an empirical analysis

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.     

海上保险的告知义务：经济学的思考

探讨海上保险告知义务的经济学基础,分析现行告知义务规范存在的问题,并尝试运用法经济学重塑合理的告知义务法律规则.     

The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation

International trafficking in humans for sexual exploitation is an economic activity driven by profit motives. Laws regarding commercial sex influence the profitability of trafficking and may thus affect the inflow of trafficking to a country. Using two recent sources of European cross country data we show that trafficking of persons for commercial sexual exploitation (as proxied by the data sets we are using) is least prevalent in countries where prostitution is illegal, most prevalent in countries where prostitution is legalized, and in between in those countries where prostitution is legal but procuring illegal. Case studies of two countries (Norway and Sweden) that have criminalized buying sex support the possibility of a causal link from harsher prostitution laws to reduced trafficking. Although the data do not allow us to infer robust causal inference, the results suggest that criminalizing procuring, or going further and criminalizing buying and/or selling sex, may reduce the amount of trafficking to a country.