Playing by the rules: Impact and implementation of children's educational television regulations among local broadcasters

This study explores the institutional process involved in the implementation of the 1997 Federal Communications Commission regulations regarding educational programs for children. Through open‐ended interviews with representatives from twenty‐eight stations, this study assessed local broadcasters' reactions to these new rules in the early stages of policy implementation, examining their understanding of the new regulations; the implementation strategies and structural constraints that guide the selection of educational programs and the implications of these strategies for the success of the rules in achieving their goals as stated explicitly by the FCC. All respondents indicated that they would comply with the regulations by providing the minimum three hours of educational programming per week, along with other reporting and public file obligations. However, the ultimate effectiveness of these rules in ensuring better television for children seems complicated by the institutional constraints on local broadcasters and the widespread belief among broadcasters that educational programs are not viable in the market. The authors argue that future research on national policy evaluation should consider the implementation of the policy within a complex web of institutional and social structures.     

Cable television and telephony in the telecommunications act of 1996: Economics,law, regulation and politics

Though reasonable people may argue about whether cable television and local telephone services are natural monopolies in theory, historically they have developed with infrastructures that make them more likely to have important declining cost characteristics in reality. Additionally, common carriage issues, especially for telephones, may necessitate regulatory oversight. Though touted as deregulation, and certainly eliminating many cross‐industry barriers, the Telecommunications Act of 1996 is better understood as reregulation. The act maintains a common carriage philosophy while attempting to promote competition. However, evidence indicates it is unlikely that the new regulatory regime will result in efficient prices or true competition. Instead, duopoly in cable and oligopoly in telephony are probably the best that can be achieved under the act.     

The proposed model surrogate parenthood act: a legislative response to the challenges of reproductive technology

In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.     

To act or not to act, that is the question: informed consent in a criminal perspective

Some years ago the doctor was seen as the one who "knows better", and it was absolutely unconceivable that the patient could refuse the suggested treatment or even ask any questions about it. Differently, nowadays doctors face demands to keep their patients informed and can even be sued when they act without patient knowledge and consent. On the patient's side this new paradigm does not necessarily legitimate euthanasia--still criminally forbidden in most parts of the world--but allows some kind of personal power over body, health and life, materialized in advance directives. On the doctor's side, it entails a change in the list of good medical practices, imposing the doctrine of informed consent and the prohibition of dysthanasia.     

Fatal suicidal crossbow injury--the ability to act

We report a case of a 58-year-old man who committed suicide using a modern crossbow. The victim shot himself in the chest with a conical field-tip arrow from close proximity. We first presumed that this was a case of homicide committed with a firearm. We were, however, subsequently proved wrong. The reasons for the primary statement were as follows: the external morphology of the entrance wound being typical of a firearm discharged from long distance; the perforation found on the victim's clothing; the absence of the firearm at the place of death; the absence of the arrow in the wound. All of these reasons forced us initially to conclude that the case was one of homicide. In the reported case, the man, after having been shot with an arrow, was further able to act, even though the abdominal aorta and liver were seriously injured. While the arrow was in the wound, the injuries may not have led to massive bleeding because of incomplete tamponade of the defects by the arrow shaft. Pulling the arrow out of the victim's wound track initiated massive bleeding. Despite all these injuries, the man was capable of pulling the bow string again and reloading the crossbow with the arrow used in the first attempt. This case demonstrates that forensic investigations into crossbow injuries can be very difficult, especially when the bolt has been removed from the body.     

行政行为及其特征的再探讨

确立行政行为的科学涵义,是运用法律手段调整行政管理活动,健全行政行为法的首要前提.本文对行政行为进行了准确界定,论述了行政行为的主体要素、权力要素、法律要素的完整含义,特别着重纠正了理论界以往对行政行为法律意义的片面认识.在此基础上,提出了行政行为的实质特征,详细阐明了行政行为的公益性、执行性、主动性、程序性,在一定程度上澄清了理论界将行政行为的特征和行政行为构成要素相混淆的观点.     

论附条件法律行为之条件拟制的立法完善

附条件的法律行为作为行为人分配风险与计划将来的重要手段,在实践中并不罕见.这里所附的条件作为不确定的事实必须是因自然进程而发生或不发生的:而在现实生活中,因条件的成就或不成就而受利益或不利益的当事人,极有可能以不正当的行为促成或阻碍条件的成就或不成就,即构成条件成就与不成就的拟制.时此,我国<合同法>已作出规制,本文正是从我国对条件拟制的立法现状出发,结合国外的相关立法例,具体解析了条件拟制的构成要件,对<合同法>第45条第2款中涉及到的相关概念作以明晰;并且提出了我国在未来民法典中应当采取何种立法模式的建议,以期能达到更好的对条件拟制行为进行规制、更有效的保护相对人之利益的目的.     

Assessing children's competency to take the oath in court: The influence of question type on children's accuracy

This study examined children's accuracy in response to truth-lie competency questions asked in court. The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los Angeles County over a 5-year period (1997-2001) and 154 child witnesses quoted in the U.S. state and federal appellate cases over a 35-year period (1974-2008). The results revealed that judges virtually never found children incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficult largely due to errors in response to "Do you know" questions. Questions about the consequences of lying were more difficult than questions evaluating the morality of lying. Children exhibited high rates of error in response to questions about whether they had ever told a lie. Attorneys rarely asked children hypothetical questions in a form that has been found to facilitate performance. Defense attorneys asked a higher proportion of the more difficult question types than prosecutors. The findings suggest that children's truth-lie competency is underestimated by courtroom questioning and support growing doubts about the utility of the competency requirements.     

电视公开直播诊疗行为的法学思考

电视直播具有影像、声音、色彩兼备，图文并茂，远距离传送，不受年龄、文化限制等优点，面向社会，深入家庭、使真人、真、事、真景的表现达表最佳状态，使观众具有现场感和参与感，电视直播诊疗行为则具有侵犯病人肖像权和隐私权的风险，可以采取“争骤病人的书面同意”、“回避被直播病人的‘特定性信息‘”等对策保护病人、保护自己。     

论边缘腐败行为——重温江泽民同志以德治国的论述

无论是传统意义上还是一般社会民众的心理上,法律的制裁是惩治腐败的第一要素,尤其是刑事法律高压手段是惩治腐败的最为有力的工具。人们衡量国家惩治腐败的力度,控制腐败的标准,往往是某一阶段我国检察机关所查办的职务犯罪案件的数量。正是基于此,近十年来,人们对不断增长的职务犯罪案件的数量和腐败行为所破坏的社会公平机制,颇有微词。人们往往将惩治腐败不力的原因,较多地自然归为承担查办职务犯罪案件重要职责的检察机关的打击力度不够,或党和国家惩治腐败的决心不     

电视公开直播诊疗行为的法学思考

电视直播具有影像、声音、色彩兼备 ,图文并茂 ,远距离传送 ,不受年龄、文化限制等优点 ,面向社会 ,深入家庭 ,使真人、真事、真情、真景的表现达到最佳状态 ,使观众具有现场感和参与感。电视直播诊疗行为则具有侵犯病人肖像权和隐私权的风险 ,可以采取“争取病人的书面同意”、“回避被直播病人的‘特定性信息’”等对策保护病人、保护自己。