Privacy Act of 1974; new system of records--Public Health Service. Notification of establishment of a new Privacy Act system of records, 09-25-0151

In accordance with the requirements of the Privacy Act, the Public Health Service (PHS) is publishing notice of a proposal to establish a new Privacy Act system of records, 09-25-0151, "Administration: Alert Records Concerning Investigations or Determinations of Misconduct by Current or Potential Recipients of Funds for Biomedical Research," HHS/NIH/OD. We are also proposing routine uses for this system. The National Institutes of Health (NIH) will use this system to make informed decisions on appropriate actions regarding awards of research funds to individuals who are or have been subjects of investigations or determinations of misconduct. PHS invites interested persons to submit comments on the proposed routine uses on or before June 11, 1982.     

Supplemental standards of ethical conduct and financial disclosure requirements for employees of the Department of Health and Human Services. Interim final rule with request for comments

The Department of Health and Human Services, with the concurrence of the Office of Government Ethics (OGE), is amending the HHS regulation that supplements the OGE Standards of Ethical Conduct. This interim final rule specifies additional procedural and substantive requirements that are necessary to address ethical issues at the National Institutes of Health (NIH) and updates nomenclature, definitions, and procedures applicable to other components of the Department. The rule: Revises the definition of a significantly regulated organization for the Food and Drug Administration (FDA); Updates the organization titles of designated separate agencies; Amends the gift exception for native artwork and craft items received from Indian tribes or Alaska Native organizations; Aligns the FDA prohibited holdings limit with the de minimis holdings exemption in OGE regulations; Revises prior approval procedures for outside activities; and, subject to certain exceptions: Prohibits NIH employees from engaging in certain outside activities with supported research institutions, health care providers or insurers, health-related trade or professional associations, and biotechnology, pharmaceutical, medical device, and other companies substantially affected by the programs, policies, or operations of the NIH; Bars NIH employees who file a public or confidential financial disclosure report from holding financial interests in substantially affected organizations; Subjects NIH non-filer employees to a monetary cap on holdings in such organizations; Specifies for NIH employees prior approval procedures for and limitations on the receipt of certain awards from outside sources; and Imposes a one-year disqualification period during which NIH employees are precluded from official actions involving an award donor. In addition, the Department is adding a new supplemental part to expand financial disclosure reporting requirements for certain outside activities and to ensure that prohibited financial interests are identified.     

Bonus to reward states for high performance under the TANF program. Administration for Children and Families, HHS. Final rule

The Administration for Children and Families is issuing final regulations to implement section 403(a)(4) of the Social Security Act. This provision authorizes bonuses to high performing States in meeting the purposes of the Temporary Assistance for Needy Families Block Grant (the TANF program). We will base the bonus awards in FY 2002 and beyond on work measures (substantially the same work measures currently in effect for the FY 1999-2001 awards); measures that support work and self-sufficiency related to: participation by low-income working families in the Food Stamp Program, participation of former TANF recipients in the Medicaid and State Children's Health Insurance Programs (SCHIP), and receipt of child care subsidies; and a measure related to family formation and stability (increase in the number of children in the State who reside in married couple families). Bonus funds of up to $200 million each year were authorized for awards in fiscal years 1999 through 2003. This rule specifies a formula for allocating these funds in FY 2002 and FY 2003. The amount awarded to each high performing State may not exceed five percent of the State's family assistance grant. Earlier, we issued program guidance covering bonus awards in FY 1999, FY 2000, and FY 2001. We published a Notice of Proposed Rulemaking to cover awards beginning in FY 2002 on December 6, 1999 (64 FR 68202). In a related regulatory action, we are amending 45 CFR Part 265, the TANF Data Collection and Reporting Requirements, to reduce the burden of reporting data on Separate State Program-Maintenance of Effort (SSP-MOE) programs. This amendment will allow waivers of certain reporting requirements under limited circumstances.     

More than the sum of its parts? Itemizing impairment in civil cases

Purpose. The purpose of the present study is to determine whether making multiple damage awards influenced civil mock jurors' assessments of those damage awards. Specifically, how does making one decision for pain and suffering damage awards versus two decisions (one for mental pain and suffering and physical pain and suffering) versus four decisions (one for loss of enjoyment of life, mental anguish, disfigurement, and physical disability/impairment) influence overall non‐economic damage awards. Methods. One hundred twenty undergraduates from a psychology participant pool read a case vignette that included information regarding four types of injuries that the plaintiff endured: loss of enjoyment of life, mental anguish, disfigurement, and physical disability/impairment. Participants were randomly assigned to render either one award for pain and suffering, two awards (one for physical pain and suffering and one for mental pain and suffering), or four awards (one for each pain and suffering element). Results. Results indicated that participants who rendered four awards provided significantly higher overall non‐economic damage awards than participants who provided one overall award. The variability of damage awards also increased as the number of damage awards increased. Conclusions. Itemizing non‐economic damage awards into distinct injury categories can lead to an increase in overall non‐economic awards. Members of the legal arena should be cautioned against itemizing damages to prevent variability in non‐economic awards.     

英国法院在承认和执行外国仲裁裁决时的自由裁量权——“Dallah Real Estate and Tourism Holding Company v.The Ministry of Religious Affairs,Government of Pakistan”案评述

通过评述英国上诉法院作出的＂Dallah Real Estate and Tourism Holding Company v.The Ministry of Religious Affairs,Government of Pakistan＂判例,分析英国法院在承认与执行外国仲裁裁决时的自由裁量权行使之条件,并提出该判例可为《承认及执行外国仲裁裁决公约》缔约国提供参考。     

试论仲裁裁决书的制作

裁决书的制作是仲裁活动中最为重要的内容,本文在分析裁决书价值的基础上,剖析了目前裁决书制作存在的问题,并探讨了如何改进裁决书的制作,以提高裁决书的制作水平。     

论国际商会国际仲裁院裁决的国籍

尽管国际商会国际仲裁院设在法国巴黎,但是由该院管理的适用该院仲裁规则做出的裁决,并不当然具有法国的国籍,因为确定国际商事仲裁裁决的国籍主要标准是仲裁地点。根据ICC仲裁规则,仲裁地点可以由当事人约定,也可以由仲裁院决定,而无论是当事人约定还是仲裁院决定的仲裁地点,可以在法国,也可以是法国以外的国家和地区。因此,ICC仲裁院的仲裁庭适用该院仲裁规则做出的ICC裁决的国籍,取决于特定仲裁案件所涉及的法律意义上的仲裁地点所在国,而不是仲裁机构所在的国家。     

晚近ICSID仲裁庭管辖权裁决的实证考察——兼谈我国首次被申诉案件的管辖权抗辩

近年来，ICSID仲裁庭管辖权裁决出现平稳增加的趋势。管辖权是ICSID仲裁庭得以作出有效裁决的基石，投资者和东道国也往往在进入实体争议之前首先就管辖权问题争锋相对。通过对近十年来ICSID仲裁庭的管辖权裁决进行分析，特别是结合公约内容中相关要件的规定，管辖权裁决的特征和趋势逐渐显露。考察晚近ICSID仲裁庭管辖权裁决，有助于分析ICSID仲裁庭自身的运作机制，积累实践案例经验，对于我国首次作为被申诉方参与ICSID进行管辖权抗辩也具有较强的启示作用。     

论内地与澳门仲裁裁决的相互承认与执行

本文探讨了中国区际仲裁裁决相互承认与执行的法律现状,分析了澳门仲裁制度的发展和解决内地与澳门相互承认与执行仲裁裁决的最佳途径,深入研究了内地与澳门相互承认与执行仲裁裁决必须解决的若干问题,为内地与澳门达成“相互承认与执行仲裁裁决的安排”提出了合理化建议。     

The Effects of Limiting Punitive Damage Awards

In response to concerns that jury awards in tort cases are excessive and unpredictable, nearly every state legislature has enacted some version of tort reform that is intended to curb extravagant damage awards. One of the most important and controversial reforms involves capping (or limiting) the maximum punitive damage award. We conducted a jury analogue study to assess the impact of this reform. In particular, we examined the possibility that capping punitive awards would cause jurors to inflate their compensatory awards to satisfy their desires to punish the defendant, particularly in situations where the defendant's conduct was highly reprehensible. Relative to a condition in which punitive damages were unlimited, caps on punitive damages did not result in inflation of compensatory awards. However, jurors who had no option to award punitive damages assessed compensatory damages at a significantly higher level than did jurors who had the opportunity to do so. We discuss the policy implications of these findings.     

论我国商事仲裁裁决执行的区际司法协助

中国内地与港、澳、台之间相互承认与执行仲裁裁决的问题,是区际司法协助的重要内容。内地与香港之间的商事仲裁裁决在1997年之前按照《纽约公约》承认和执行,1997年以后按照《关于内地与香港特别行政区相互执行仲裁裁决的安排》承认和执行。内地与澳门之间的商事仲裁裁决在目前按照《关于内地与澳门特别行政区相互认可和执行仲裁裁决的安排》承认和执行。内地与台湾之间的商事仲裁裁决根据1992年《台湾地区与大陆地区人民关系条例》承认和执行,但是该条例在实际操作上还存在一定问题,需要加以澄清。     

The Tort Remedy in Search and Seizure Cases: A Case Study in Juror Decision Making

Civil suits for damage awards against police officers alleged to have engaged in illegal searches have long been suggested as an alternative to the exclusionary rule as a remedy for police misconduct. A review of empirical literature on the incidence and outcomes of such suits suggests that defendant officers often prevail and that the awards do not seem large enough to produce the punishment and deterrence effect often claimed by proponents of the tort remedy. Using an experimental technique involving simulated trials and adults called for jury service as subjects, we examine the effects of two procedural aspects of such suits on juror awards. The extent of municipal liability and the substitution of the U.S. government as plaintiff do not appear to affect the incidence or size of compensatory or punitive damage awards. Denying jurors information about the outcome of the search does appear likely to increase damage awards. The article both explores factors affecting juror decision-making in these cases and illustrates the utility and limitations of the experimental method for testing suggested policy innovations.     

Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation

In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.     

海峡两岸仲裁裁决制度比较研究

仲裁裁决制度是仲裁法律制度的重要组成部分。由于社会、政治、法律制度的不同,海峡两岸在仲裁裁决的类型、仲裁裁决的作出、错误仲裁裁决的补救、仲裁裁决的执行等方面都存在着较大的差异。通过比较和分析,有利于借鉴台湾地区仲裁裁决制度中的先进的和有益的东西,进一步完善内地仲裁制度。     

效率与公正之平衡:国际商事仲裁内部上诉机制

对于因错误裁决而遭受巨大风险损失的当事人而言,一裁终局并非国际商事仲裁的优点。他们通常会寻求国内法院的司法救济,因此上诉机制的缺失并不能保证国际商事仲裁的终局性和效率。现行司法救济程序不但难以有效纠正错误裁决,反而会严重破坏国际商事仲裁的种种优点。建立选择性仲裁内部上诉程序在一定程度上既有助于提高国际商事仲裁的效率又能保证裁决更加公正。     

Punitive Damage Decision Making: The Decisions of Citizens and Trial Court Judges

Some states have allocated the authority to determine the amount of punitive damages to judges rather than to juries. This study explored the determination of damages by jury-eligible citizens and trial court judges. The punitive damage awards of both groups were of similar magnitude and variability. The compensatory damages of jurors were marginally lower but, in some conditions, were more variable than the compensatory damage awards of judges. Both groups appropriately utilized information about both the actual and potential severity of the harm to the plaintiff in determining punitive damages and used only the actual severity of the injury in determining compensatory damages. The punitive damage awards of both groups were influenced by the wealth of the defendant, but the compensatory damage awards of judges were marginally more influenced by defendant wealth than those of citizens. The results are discussed in the context of proposals for punitive damages reform.     

Privacy Act of 1974; proposed new routine uses--PHS. Notification of new routine uses permitting disclosure of information from four Privacy Act systems of records

In accordance with the requirements of the Privacy Act, the Public Health Service (PHS) is publishing notice of a proposal to establish new routine uses permitting disclosure of information from four Privacy Act systems of records maintained by the National Institutes of Health (NIH): 09-25-0008, "Administration: Radiation Workers Monitoring, HHS/NIH/ORS"; 09-25-0010, "Research Resources: Registry of Individuals Potentially Exposed to Microbial Agents, HHS/NIH/NCI"; 09-25-0077, "Clinical Research: Biological Carcinogenesis Branch Human Specimen Program, HHS/NIH/NCI"; and 09-25-0099, "Clinical Research: Patient Medical Records, HHS/NIH/CC." The NIH Office of Research Services (ORS) is responsible for the first of these systems. The National Cancer Institute (NCI), a component of NIH, maintains the second and third systems of records. The NIH Clinical Center (CC) maintains the fourth system. The new routine uses will allow disclosure to contractors for routine records keeping and processing activities. These disclosures will be wholly compatible with the purposes of these systems, as discussed below.     

从《纽约公约》的适用范围看我国仲裁立法与实践

《纽约公约》对其自身的适用范围做了相当宽泛的规定,同时又极大地统一了仲裁裁决国籍的界定标准,因而有利于仲裁裁决的承认和执行。目前我国在裁决的国籍认定方面存在的主要问题是立法上规定不明确或缺乏合理性,因而致使法院不能做出令人满意的裁定。鉴于此,我国仲裁立法在今后的修订中需要就此问题依照《纽约公约》的规定并参照国际普遍做法做出明确而具体的规定。     

2008年北京奥运会CAS仲裁裁决在中国的执行问题研究

CAS仲裁裁决在中国的顺利执行目前还得不到中国相关法律的保障。从介绍体育仲裁院仲裁制度入手,主要对2008年北京奥运会CAS裁决在中国执行所面临的问题进行研究,并提出粗浅的看法与建议。