无线电频谱资源使用权的开放性设计

我国传统上僵化的频谱监管没有确认无线电频谱使用人的民事权利,不利于电信市场的竞争和技术创新。而《物权法》对于无线电频谱国家所有权的规定混淆了"民法之物"和"公物",背离了频谱使用权开放性的改革方向。应当将频谱资源所有权界定为公法所有权,进而将经行政许可获得的频谱使用权确认为准物权,准用民法规范,允许其自由交易,合理设计其取得、期限、内容以及效力,从而增强频谱资源利用的开放性和灵活性,鼓励投资和竞争,激励创新。     

论签名笔迹的频谱分析方法

通过一种签名笔迹的频谱分析方法,并提取签名笔迹的压力、速度等动态特征数据,利用傅立叶变换原理,对特征数据进行频谱分析。实验研究发现,同一人的签名笔迹频谱图相似度高,且明显区别于他人的签名笔迹。签名笔迹的频谱分析方法可以直观、有效的鉴别签名笔迹。     

Scambaiting on the Spectrum of Digilantism

Digilantism is punishment through online exposure of supposed wrongdoing. Paedophile hunting is one example, and the practice is open to many of the classical objections to vigilantism. But it lies on a spectrum that contains many other kinds of digilantism. Scambaiting is among the other kinds. It consists of attracting online approaches from perpetrators of different kinds of online advance-fee fraud. Characteristically, it takes the form of protracted email exchanges between scammers and scambaiters. These exchanges are mainly down-to-earth and occasionally testy conversations about the details of fictitious money transfers or involved explanations of delays in payment. They succeed in their purpose if they waste a lot of their targets’ time, but they can also be pursued as a sort of comic art form. Scambaiting exchanges seem often, but not always, to be relatively harmless. They therefore help to make intelligible a region of morally permissible digilantism on the spectrum of digilantism. Not that scambaiters never go too far, but their typical weapons inflict and risk inflicting far less harm than those of other digilantes, and there are actual scambaiting norms that have been chosen because of their relative harmlessness.     

Homicidal Ideation and Individuals on the Autism Spectrum

Interest in the relationship between autism and violence has increased in recent years; however, no link has clearly been established between them. Researchers remain curious if autistic people with certain traits (e.g., a history of trauma) are at greater risk of violence than those individuals with autism alone. In this article, we detail two individuals with homicidal ideation (HI) admitted to inpatient psychiatric units who were found to have a diagnosis of autism without language impairment. These cases illustrate the need for mental health providers to consider autism in their differential diagnosis when evaluating an individual with HI. Broadly, we consider how an autistic individual could be susceptible to developing HI and explore treatments specific to autistic individuals that may be helpful in such cases.     

汇编作品著作权和版式权的界定及权利范围——《中国学术期刊（光盘版）》系列著作权案评析

[本案要旨] 汇编作品的著作权人享有的是整体性著作权，仅使用单篇作品不构成对汇编作品著作权的侵权。数据格式不属于版式权保护的范围。在内容的选择和编排上具有独创性的题录摘要数据库构成汇编作品，将其内容复制并重新编辑成数据库构成侵权。     

基于紫外可见积分球反射光谱法鉴定血痕经历时间

目的建立一种快速鉴定血痕陈旧度的方法。方法在实验室条件(20℃、25℃、30℃)下,使用UV-2450型紫外可见分光光度计,利用反射附件ISR-240A积分球,以BaSO_4标准白板做参比,间隔一定时间测定健康人耳静脉血血痕纱布的反射光谱,采集特定波长反射率R_(541)、R_(577),计算R_(541)/R_(577)值,使用SPSS 17.0软件进行直线拟合与回归分析。结果一定条件下8 h内,血痕经历时间与其特定波长紫外可见反射率比值回归分析的R~2均大于0.8,回归方程成立,血痕经历时间与R_(541)/R_(577)值具有高度相关性。结论所建立的方法简便、快速、无损,可靠性好,可以对实验室条件下8 h内血痕经历时间进行鉴别。     

Hierarchical Cluster Analysis of Ignitable Liquids Based on the Total Ion Spectrum

Gas chromatography–mass spectrometry (GC–MS) data of ignitable liquids in the Ignitable Liquids Reference Collection (ILRC) database were processed to obtain 445 total ion spectra (TIS), that is, average mass spectra across the chromatographic profile. Hierarchical cluster analysis, an unsupervised learning technique, was applied to find features useful for classification of ignitable liquids. A combination of the correlation distance and average linkage was utilized for grouping ignitable liquids with similar chemical composition. This study evaluated whether hierarchical cluster analysis of the TIS would cluster together ignitable liquids of the same ASTM class assignment, as designated in the ILRC database. The ignitable liquids clustered based on their chemical composition, and the ignitable liquids within each cluster were predominantly from one ASTM E1618‐11 class. These results reinforce use of the TIS as a tool to aid in forensic fire debris analysis.     

Half the Spectrum: A Title IX Approach to Broadcast Ownership Regulation

In theory, the electromagnetic spectrum belongs to everyone. In practice, stations owned by men hold approximately 90% of the licenses to broadcast on the public spectrum in the United States. In order to address this problem, federal legislation should be adopted that mimics the framework of Title IX of the Education Amendments of 1972 by prohibiting broadcast media companies from discriminating based on gender. Instead of the federal funds received by colleges and universities, the federal benefits here are the potentially lucrative broadcast licenses select radio and television stations receive. Under the proposed legislation, broadcasters would be required to establish gender parity within their organizations or risk losing their license to operate on the public spectrum.     

红外差谱技术用于微量混合油漆的比对检验

对交通事故中的漆片检材进行同一物质比对时,某些情况下难以提取到单一的油漆碎片而是两辆车的油漆混合在一起,给物证比对带来困难。红外差谱技术具有辨别混合物中不同成分的功能,因此可应用于交通事故中混合油漆检材的比对检验。本文对一起交通事故的漆片检材,分别用三种方式提取、制样,用红外光谱仪进行分析,借助红外差谱技术对谱图进行处理,排除混合油漆的干扰。处理后得到的谱图与样本的谱图进行比对,结果显示两者主要官能团吸收峰位置、峰型、峰强度基本一致,可出具比对一致的结论。针对混合油漆检材的比对检验,红外差谱技术可提供支持。     

Validation of the full and brief Externalizing Spectrum Inventory in Dutch forensic inpatients

The Externalizing Spectrum Inventory (ESI) was designed for assessing a broad spectrum of externalizing problems, including impulsive-aggressive behavior and substance abuse. After translation of the ESI into Dutch, a computerized version of the full Dutch ESI (ESI-NL) was administered to a mixed sample consisting of inpatients in forensic and addiction care (n = 99) and non-psychiatric community participants (n = 104). Internal consistencies, test–retest reliabilities, ‘predictive’ validity of the full and 160-item ESI-NL total scores and subscales were examined, along with the correlations between these two versions. The results indicated high reliability and predictive validity for both versions and a strong similarity between the two in direct comparisons. The 160-item Dutch ESI is recommended for clinical studies on violence proneness and externalizing problem behavior.     

Fiduciary Duty under the Microscope: Stewardship and the Spectrum of Pension Fund Engagement

UK pension fund trustees’ interpretations of their fiduciary duties may shape pension fund approaches to corporate stewardship and engagement envisioned by the UK Stewardship Code. Data from interviews with pension fund trustees, executives, investment intermediaries and pensions experts reveals interpretive pluralism of the concept of fiduciary duty in the area of pension funds. This article develops a model identifying the spectrum of pension fund engagement, linking interpretations of fiduciary duty to intensity and methods of engagement in practice. The findings help disambiguate the concept of ‘Fiduciary Duty’, highlighting the practical challenges of Stewardship Code application. These insights are relevant to the ongoing revisions of the Stewardship Code and policy clarifications of the nature of fiduciary duty by the UK Financial Conduct Authority. The paper encourages trustees, regulators and others to consider what role pension fund trustees should have in stewardship, which may not be directly relevant to their fiduciary duties as trustees.     

物权法视野下农村土地制度若干问题探析

中国农村现行的土地制度经历了一个变迁的过程.在认识论层面应当区分所有制与所有权.参照大陆法系与英美法系的相关制度分析我国农村土地集体所有的性质.<物权法>对农村土地所有权的规定仍不清晰.与农民承包经营权转让的比较,土地所有权的转移对农民利益的影响更大,维护农民利益的关键是要处理地好农村土地集体所有权转让过程中的法关系.     

The Severe 5%: A Latent Class Analysis of the Externalizing Behavior Spectrum in the United States

Objective

Criminological research consistently demonstrates that approximately 5% of study populations are comprised of pathological offenders who account for a preponderance of antisocial behavior and violent crime. Unfortunately, there have been no nationally representative epidemiological studies characterizing the severe 5% group.

Materials and Methods

Data from the 2001-2002 National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a nationally representative sample of 43,093 non-institutionalized U.S. residents aged 18 years and older were analyzed using latent class analysis to assess sociodemographic, psychiatric, and behavioral characteristics.

Results

Four-classes of respondents were identified vis-à-vis lifetime externalizing behaviors. A normative class (66.1% of respondents) demonstrated little involvement in antisocial conduct. A low substance use/high antisocial behavior class (20.7% of respondents) and high substance use/moderate antisocial behavior (8.0% of respondents) class evinced diverse externalizing and psychiatric symptoms. Finally, a severe class (5.3% of respondents) was characterized by pathological involvement in more varied and intensive forms of antisocial and externalizing behaviors and extensive psychiatric disturbance.

Conclusions

The current study is the first nationally representative epidemiological study of criminal careers/externalizing behavior spectrum in the United States and validates the existence of the 5% pathological group demonstrated by prior research.     

论无线电频谱使用权的准物权特征及面向技术进步的制度变革

物权法规定的“无线电频谱资源属国家所有”似乎为建立频谱用益物权提供了依据。然而,频谱是无线电波的物理属性（频率）的集合,并非“物”本身,欠缺资源的自然属性,最多是一种准资源。只有在特殊含义的“稀缺”和“有用”语境下,才可称其为“资源”。频谱使用权是经行政许可获得的发射特定频率无线电波的行为权利,属于准物权范畴,不适于套用用益物权理论。为频谱使用权设计制度可以借鉴知识产权制度中的独占许可：全部制度设计围绕权利进行,其中没有物的交付、流转、占有和消耗。动态频谱分配技术的出现,尤其是认知无线电概念的提出,从根本上颠覆了“一频率一权利”的物权前提,基于独占的频率用益物权理念面临挑战。频谱准物权概念的提出将视角集中到权利,不仅解脱了证明频谱资源具有物权特征时的尴尬,还为其流转规范以及技术发展留下了足够的制度空间。     

Enhancing the Visibility of Injuries with Narrow‐Banded Beams of Light within the Visible Light Spectrum

The use of narrow‐banded visible light sources in improving the visibility of injuries has been hardly investigated, and studies examining the extent of this improvement are lacking. In this study, narrow‐banded beams of light within the visible light spectrum were used to explore their ability in improving the visibility of external injuries. The beams of light were induced by four crime‐lites^® providing narrow‐banded beams of light between 400 and 550 nm. The visibility of the injuries was assessed through specific long‐pass filters supplied with the set of crime‐lites^®. Forty‐three percent of the examined injuries improved in visibility by using the narrow‐banded visible light. In addition, injuries were visualized that were not visible or just barely visible to the naked eye. The improvements in visibility were particularly marked with the use of crime‐lites^® “violet” and “blue” covering the spectrum between 400–430 and 430–470 nm. The simple noninvasive method showed a great potential contribution in injury examination.     

Fetal Alcohol Spectrum Disorder (FASD) and the Role of Family Court Judges in Improving Outcomes for Children and Families

Fetal Alcohol Spectrum Disorder (FASD) is a physical disability that is 95% underdiagnosed and 40 times over‐represented in juvenile justice. Prenatal alcohol and other drug exposure causes brain damage that affects behaviors, e.g., poor judgment, impulsivity, difficulty learning from experience, and difficulty understanding consequences, leading to multiple diagnoses such as Attention Deficit Disorder, Conduct Disorder, Oppositional Defiant Disorder and Emotionally Disturbed. FASD is an invisible physical disability; most people with FASD have no observable physical characteristics. The courts are in an important position to increase awareness of this problem by simply asking whether FASD is a factor that needs to be considered. The purpose of this article is to support increased recognition and efficacy of services for people with FASD in the legal system. Sections include: (1) Overview of FASD diagnostic criteria and current terminology; (2) Exploration of FASD as a physical disability with behavioral symptoms; (3) Case example illustrating common patterns of behaviors in children and adults with FASD without identification and improved outcomes following identification and implementation of appropriate treatment; and (4) Recommendations for family court judges.