空间碎片造成空间环境污染的国际责任

空间碎片是人类发射空间实体在外空留下的太空垃圾,其造成空间环境污染是一特殊种类的环境污染问题.空间实体发射国在外空留下空间碎片违背了其应承担的国际法义务,在外空的空间碎片无法辨认其归属的情况下,清扫外空的空间碎片和预防产生新的空间碎片应该是国际社会所有的空间实体发射国的共同国际责任.     

空间碎片的若干法律问题研究

空间碎片是散布在近地轨道和同步轨道上的非功能性人造物体包括其碎片和零件的总称.随着对空间碎片的了解的加深,相关的法律问题也应加以探讨.对空间碎片的概念、特征进行研究,探讨空间碎片与空间物体的关系,对空间碎片的损害赔偿提出见解.     

中美火箭残骸碰撞事件引发的法律责任问题思考

随着人类探索和利用外层空间的迅速发展,外空环境中的空间碎片急剧增加,发生空间物体损害责任事故的可能性随之日益增大。中美火箭残骸碰撞事件引发了作者对《空间物体造成损害的国际责任公约》能否有效应对当前责任事故的思考。基于空间开发新形势的需要,有必要对该公约进行修改和完善。     

We Are Building a Space Bridge

"Space bridge"—this term is a quite recent entry into our language, but it has already consolidated a firm hold. Leningrad-Boston, Moscow-Vladivostok-Tokyo, Moscow-Sofia, Moscow-Kabul, Tiumen'-the Twentieth Congress of the All-Union Leninist Communist Youth League. … Not a week goes by without a space bridge on the screen. At times they are gripping, vividly dramatic events. More often, they are exchanges of various kinds of information, seasoned with musical numbers. Space bridges have become so common that one sometimes thinks, "Is it really worth putting so much time and effort into them, when the results are so unimpressive?"     

试论空间环境损害的国际责任

空间环境损害是一种特殊的损害行为,其产生的国际责任属于国际赔偿责任,不以过失作为其责任构成要件。只要空间活动产生了空间碎片或放射性、化学性污染,就产生空间活动主体的国际责任。由于空间活动中空间环境损害行为主体、求偿主体、责任方式及责任的实现途径的特殊性,因此,空间环境损害的国际责任制度面临诸多挑战和完善。     

Clean Air the Natural Way: A Case for Harmonizing Global Auto Emissions Standards

Across the world, governments are grappling with the effects of global warming. Rising temperatures, increases in the number of natural disasters, and elevated sea levels are just some of the risks posed by Earth's weakening ozone. And yet solutions exist. This article discusses the contribution of auto emissions to global warming and proposes ways for manufacturers to adopt a single emissions standard across their fleets all over the world. As discussed, adopting a single standard based on the most stringent one available poses advantages for manufacturers and also promises to reduce the threat of global warming.     

Progress Toward the Determination of Correct Classification Rates in Fire Debris Analysis,,

Principal components analysis (PCA), linear discriminant analysis (LDA), and quadratic discriminant analysis (QDA) were used to develop a multistep classification procedure for determining the presence of ignitable liquid residue in fire debris and assigning any ignitable liquid residue present into the classes defined under the American Society for Testing and Materials (ASTM) E 1618‐10 standard method. A multistep classification procedure was tested by cross‐validation based on model data sets comprised of the time‐averaged mass spectra (also referred to as total ion spectra) of commercial ignitable liquids and pyrolysis products from common building materials and household furnishings (referred to simply as substrates). Fire debris samples from laboratory‐scale and field test burns were also used to test the model. The optimal model's true‐positive rate was 81.3% for cross‐validation samples and 70.9% for fire debris samples. The false‐positive rate was 9.9% for cross‐validation samples and 8.9% for fire debris samples.     

Technology Transfer in the Space Sector: An International Perspective

This article is an introduction to four articles in this issue, all related to the different policy objectives and approaches of technology transfer in space programs run by the United States, the European Space Agency, Canada, and Russia.     

Deviation from sentencing guidelines: The issue of unwarranted disparity

There has been a recent trend toward sentencing guidelines in the United States, and Florida followed this pattern by adopting sentencing guidelines in 1983. The present study examined whether several extra-legal variables excluded from the guidelines influenced the elimination of unwarranted sentencing disparity following the implementation of Florida's guidelines. Age seemed to have no influence but the factors of whether there was a plea or trial, whether there was a probation or community control violation, and sex all influenced unwarranted sentencing disparity in varying degrees. The policy implications of these findings for developing sentencing guidelines are discussed.     

Predicting Lawyer Effectiveness: Broadening the Basis for Law School Admission Decisions

Law school admission decisions are heavily influenced by a student's undergraduate grade point average (UGPA) and Law School Admission Test (LSAT) score. These measures, although predictive of first‐year law school grades, make no effort to predict professional competence and, for the most part, they do not. These measures also create adverse impact on applicants from underrepresented racial/ethnic groups. This article describes the rationale for and process by which we explored new tests to predict lawyer effectiveness rather than law school grades and reports results of a multiyear empirical study involving over 3,000 graduates from Berkeley Law School and Hastings College of the Law. Tests measuring personality constructs, interests, values, and judgment predicted lawyering competency but had little or no adverse impact on underrepresented minority applicants. Combined with the LSAT and UGPA, these broader tests could assess law applicants on the basis both of projected professional effectiveness and academic indicators.     

Linguistic justice in IP policies: evaluating the fairness of the language regime of the European Patent Office

Alternative intellectual property laws relating to the use of languages in IP organisations can result in an asymmetric distribution of costs of patenting between innovators. We present a framework for the characterisation and evaluation of the fairness of the language regime of the European Patent Office (EPO), which is currently based on three official languages: English, French and German. We estimate that the costs of access to patenting procedures borne by English-, French- or German-speaking applicants are at least 30 % lower than those borne by European applicants whose first language is not one of the current official languages of the EPO. In order to correct language-related cost asymmetries, we explore two possible alternative language regimes. In both cases, we introduce a centralised system of financial compensation that covers translation costs borne by European applicants whose first language is not one of the official languages of the EPO. In the first alternative, financial compensation is covered by savings on current translation costs at the granting stage. In the second alternative, the number of official languages is increased to five and financial compensation is funded by an increase in filing fee and by partial savings on translation costs at the granting stage. We show that both alternatives could substantially reduce language-related costs asymmetries among European applicants. In addition, we show that the five-language alternative would reduce the global costs of access to patenting procedures borne by all European applicants. Thus, more multilingualism can be cheaper than less multilingualism, provided that “implicit costs” are taken into account. We conclude discussing under which conditions the alternative language regimes proposed could have a positive impact on the effectiveness and the cost-effectiveness of the EPO language regime.     

Progress Toward the Determination of Correct Classification Rates in Fire Debris Analysis II: Utilizing Soft Independent Modeling of Class Analogy (SIMCA)

A multistep classification scheme was used to detect and classify ignitable liquid residues in fire debris into the classes defined by the ASTM E1618‐10 standard method. The total ion spectra (TIS) of the samples were classified by soft independent modeling of class analogy (SIMCA) with cross‐validation and tested on fire debris. For detection of ignitable liquid residue, the true‐positive rate was 94.2% for cross‐validation and 79.1% for fire debris, with false‐positive rates of 5.1% and 8.9%, respectively. Evaluation of SIMCA classifications for fire debris relative to a reviewer's examination led to an increase in the true‐positive rate to 95.1%; however, the false‐positive rate also increased to 15.0%. The correct classification rates for assigning ignitable liquid residues into ASTM E1618‐10 classes were generally in the range of 80–90%, with the exception of gasoline samples, which were incorrectly classified as aromatic solvents following evaporative weathering in fire debris.     

论我国法律上的空间权及其类型

随着土地资源的稀缺和建筑技术的发展,空间利用具有了前所未有的价值,空间不再附属于土地,能够独立成为权利的客体。空间权是对以一定范围空间为客体所设定的各种权利的综合表述。理论上,物权性质空间权包括：空间所有权、空间地上权、空间永佃权、空间地役权,结合实践中空间开发利用需求,我国立法只需引入空间建设用地使用权（空间地上权）概念即可,《物权法》对于空间权类型也可做相同处理。     

空间法中的国籍联系

“国籍联系”在《外空条约》、《责任公约》、《登记公约》和《营救协定》中具有重要的意义，是界定“本国活动”、“有关国家”、“发射国”、“登记国”的重要标准，是判断“私人行为的归责性”的重要导向，是私人、空间物体的国籍国承担相应损害赔偿责任的重要依据，是划分空间活动责任、风险的重要标准，是空间责任制度的重要组成部分。     

Government‐operated public broadcast stations and candidates' access to political debates

Under the Communications Act's equal opportunity requirement and FCC interpretations of that provision, licensees can choose which political candidates to include in a broadcast debate. However, a 1994 decision by a federal appellate court has clouded the ability of public broadcast stations licensed to government entities to exclude particular candidates. According to the court, such stations, as a form of state action, generate a limited First Amendment right on the part of candidates to demand inclusion in a broadcast debate. This article examines the unique constitutional questions raised by the court's decision. An assessment of the competing rights and interests of candidates, stations licensed to government entities and the public indicates that such stations should provide access to political debates.     

Degrees of difference: Do college credentials earned behind bars improve labor market outcomes?

It is widely held that providing postsecondary education programs to incarcerated individuals will improve postrelease labor market outcomes. Little research evidence exists, however, to support this view. To test the effect of postsecondary carceral education credentials on employer perceptions of hireability, the current study uses a factorial design to survey a sample of employers nationwide (N = 2,538). Employers were presented with résumés of fictional applicants applying to a job as a customer service representative at a large call center. The résumés randomized education credentials earned while incarcerated. Results indicate that employers were significantly more willing to interview applicants with postsecondary education credentials relative to applicants with only a General Educational Development (GED) diploma. Although Black applicants who had earned a sub-baccalaureate certificate saw improvements in hireability relative to GED holders, Black applicants who had earned a bachelor's degree did not. In contrast, White applicants benefited both from sub-baccalaureate certificates and bachelor's degrees. Results from a mediation analysis suggest that these credentials signal important information to employers about applicant attributes and that improved perceptions of applicant ability and likelihood to reoffend drive the overall effect. Implications for future research and policy are explored.     

Bodily Integrity,Embodiment, and the Regulation of Parental Choice

In this article we develop a new model of bodily integrity that we designate ‘embodied integrity’. We deploy it to argue that non‐therapeutic interventions on children should be considered within a decision‐making framework that prioritizes embodied integrity. This would counter the excessive decision‐making power that law currently accords to parents, protecting the child's immediate and future interests. Focusing on legal responses to genital cutting, we suggest that current legal understandings of bodily integrity are impoverished and problematic. By contrast, adoption of an ‘embodied integrity’ model carves out a space for children's rights, while avoiding these negative consequences. We propose that embodied integrity should trump competing values in any best‐interests assessment where a non‐therapeutic intervention is requested. Drawing on Drucilla Cornell and Joel Feinberg's theories we argue that protecting a child's embodied integrity is essential to guarantee his/her right to make future embodied choices and become a fully individuated person.     

论空间役权在我国设立的必要性

现代社会,由于土地的分层利用、立体利用日益普遍,空间权制度在国外发达国家和地区纷纷建立。随着《物权法》规定了＂空间建设用地使用权＂,空间权制度在我国迈出了第一步。至于空间役权是否有在我国设立的必要,目前尚有争议。空间役权是空间权制度的重要组成部分,有其自身特殊的存在价值。空间权的设立,一方面是完善我国用益物权制度的需要,地役权和相邻关系都无法替代,另一方面是解决新的空间利用社会问题、促进资源优化配置进而促进经济社会发展的需要。     

单纯性眶壁骨折法医学鉴定130例分析

目的 分析眶壁骨折的损伤特点,探讨眶壁骨折的法医学鉴定要点.方法 收集2010 2012年在某市公安局涉及单纯性眶壁骨折的130例案件进行回顾性分析,主要包括年龄、性别、致伤物、眶壁骨折的部位和形态、眶内及眶周的复合性损伤以及伤后6个月回访等. 结果 130例案例中,青壮年男性伤者比例较高,主要为拳头击打,单纯性眶内侧壁骨折的比例最高（81.5％）,眶内及眶周复合性损伤致眼睑挫伤（挫裂创）和筛窦（上颌窦）积血最为常见,6个月回访发现眶壁粉碎性骨折30例伤侧眼较健侧眼球略有凹陷. 结论 单纯性眶内侧壁骨折不宜评定轻伤,应待伤情稳定后再予以评定,全面详细的眼科检验是单纯性眶壁骨折鉴定的必要前提.     

美国网络色情言论管制的“空间”标准——从ACLU案到ALA案

在网络色情言论管制中，美国司法机关通过案例建立起“空间”标准，以及对“空间”标准的审查基准。“空间”标准是指在网络色情信息和成年人之间形成封闭空间，避免未成年人轻易接触网络色情信息。“空间”标准的建立，是保障特定人群免遭色情言论污染的一个重要运用。网络的虚拟性和开放性决定了这一封闭空间很难做到完美，而有可能侵害非色情信息发布者的言论自由。ACLU案和ALA案是美国最高法院建立和完善“空间”标准的两个里程碑式的案例。经过案例的积累和发展，美国最高法院逐渐形成了立体化的“空间”标准。为保障未成年人免遭色情言论侵扰提供了法制上的保障，也缓解了网络色情言论管制与言论自由之间的张力。