慕课背景下日本教学性权利限制制度的改革及启示

为适应慕课这一新型信息化教育生态与学习模式,《日本著作权法》在最新修法中对教学性权利限制制度进行大幅度改革。在保留现有教学性使用情形继续免费前提下,将慕课类教学性公共传输纳入权利限制范畴,引入一站式补偿金支付机制,且允许教育机构采取先用后补的补偿金支付方式使用著作权人身份不明的作品。日本教学性权利限制制度的改革举措对我国具有借鉴意义。为营造中国慕课发展良好法制环境,我国《著作权法》第三次修改应主动回应慕课等信息化教育对作品使用的新需求,调整教学性权利限制规定,包括在教科书法定许可之外增加慕课等教学性公共传输法定许可、设立一站式补偿金支付机制简化备案付酬流程、允许教育机构等公共团体对著作权人身份不明的作品采取先用后补的补偿金支付方式,在促进作品利用便利化的同时,兼顾保障著作权人合理利益的分配。     

Local Authorities and the Accountability Gap in a Fragmenting Schools System

Reforms to the English education system under the UK's coalition government are building on the so‐called ‘schools revolution’ that previous Labour governments began through legislation increasing both schools' autonomy from local authorities and the system's diversity. Growing numbers of state‐funded schools have converted to academies outside local authority control, particularly since the Academies Act 2010, while opportunities have emerged for ‘free schools’ to be established by various interest groups. The right to establish a school has normative human rights underpinnings, yet the government's policy as a whole is particularly controversial due to the increased risk of social division, instability of local schooling arrangements and significantly reduced local democratic accountability for state funded education. This article questions whether, against a background of three decades of centralising educational reform and a concomitant decline in the role of local (education) authorities, the local public interest in education is being adequately safeguarded.     

Using the Wrong Policy Tools: Education,Charity, and Public Benefit

A recent decision on the application of public benefit under the Charities Act 2006 sidestepped the political debate surrounding the charitable status of independent fee‐charging schools. The broader political context nevertheless underscores the legislative reforms, and this article questions whether the new statutory public benefit requirement has utility as a welfare policy tool in the field of education. It examines the public benefit requirement in charity law against the backdrop of government policy towards education and the broader political agenda for a mixed economy of welfare provision, and argues that the difficulties Labour faced in developing its education policies were replicated in the application of the post‐Act public benefit requirement to fee‐charging schools. As a result, achieving broader policy goals for widening educational opportunity through public benefit was almost impossible given the regulatory framework and the principles upon which charity law is founded.     

Equity in assessment: discrimination and disability issues from an Australian legal perspective

Assessment equity concerns all educational authorities and practitioners. When educators consider issues of equity, their predominant concern is accommodation of students with special needs, cultural issues, and creating alternative assessment activities that have equivalence to standard activities, so as not to advantage or disadvantage any student in their demonstration of knowledge. This paper examines equity issues in assessment from a legal perspective, drawing on case history from Australia, and based in discrimination and disability law. The paper is intended to assist authorities and practitioners to understand legal implications of educational assessment in order to promote practices that reduce the likelihood of legal claims and the resultant use of financial and human resources away from educational activities. However, the discussion of cases and judgements is also intended to raise issues of whether educational providers and authorities should be more conscionable in their consideration of educational equity and assessment.     

论公众人物及其隐私权

公众人物是指在一定时间和空间范围内具有重要影响，并且与社会公众利益有关从而为该时空范围内的人们所广泛知晓和关注的人物。其判断标准有两个：一是社会知名度，二是与社会公共利益相关。由隐私权的基本权利性质决定，公众人物作为社会大众中的一员享有隐私权是无可争议的，公众人物的隐私权理应受到相应的法律保护。并且，基于公众人物隐私权不同于普通公民隐私权的特性，应当加大对公众人物的隐私权的保护力度。     

Verbal Ability and Persistent Offending: A Race-specific Test of Moffitt’s Theory

Theoretical questions linger over the applicability of the verbal ability model to African-Americans and the social control theory hypothesis that educational failure mediates the effect of verbal ability on offending patterns. Accordingly, this paper investigates whether verbal ability distinguishes between offending groups within the context of Moffitt’s developmental taxonomy. Questions are addressed with longitudinal data spanning childhood through young-adulthood from an ongoing national panel, and multinomial and hierarchical Poisson models (overdispersed). In multinomial models, low verbal ability predicts membership in a life-course-persistent-oriented group relative to an adolescent-limited-oriented group. Hierarchical models indicate that verbal ability is associated with arrest outcomes among White and African-American subjects, with effects consistently operating through educational attainment (high school dropout). The results support Moffitt’s hypothesis that verbal deficits distinguish adolescent-limited- and life-course-persistent-oriented groups within race, as well as the social control model of verbal ability.     

Healthy ageing--a patients' rights perspective

The demographic development is a challenge for the European healthcare systems, and to meet these challenges it is crucial to develop efficient health preventive strategies to ensure that the population is, and stays fit as long as possible. However, along with demographic development, Europe is also facing a boom in lifestyle diseases which constitute an impediment for healthy ageing. Smoking and obesity are considered to be the major causes in this regard. Both internationally and nationally there has been a strong commitment to reduce smoking, and it seems that a combination of information, economic incentives and legal regulation have been successful. The article explores whether the same public health strategy could be useful fighting obesity, and discusses whether such public health measures are compliant from a human and patients' rights perspective. Special questions regarding public health initiatives targeting elderly patients will also be addressed.     

System management and compensatory parenting: Educational involvement after maternal incarceration

Research has demonstrated that paternal incarceration is associated with lower levels of educational involvement among fathers and primary caregivers, but little is known regarding caregiver educational involvement when mothers have been incarcerated. In this study, we present the first analysis of variation in school- and home-based educational involvement by maternal incarceration history, pairing survey and interview data to connect macro-level group differences with micro-level narratives of mothers’ involvement in their children's education. Our survey data demonstrate that children of ever-incarcerated mothers experience increased school-based educational involvement by their primary caregivers, regardless of whether the caregiver is the mother herself. Our interview data point to compensatory parenting as a key motivating factor in educational involvement, wherein a caregiver endeavors to “make up for” the child's history of maternal incarceration. Findings add to the literature demonstrating maternal incarceration as a distinct experience from both paternal incarceration and material disadvantage alone, and they suggest the need to explore the role of schools as potential points of productive institutional involvement for mothers with an incarceration history.     

Legal status of private universities in Nigeria

Education, they say, is the bedrock of development and progress. The quest for Nigeria to provide tertiary education for her teaming secondary school leavers made her change her initial reluctance to invite private initiatives to participate in the provision of tertiary education in the country. With the licensing of the first private university in about a decade ago, the number has increased to 61, thus surpassing the number established by either the Federal or the States governments. The existence of private universities is old enough to invite an appraisal of whether or not they have satisfied the yearnings of the public or the government that allowed their existence. It is also important to examine whether or not they have operated according to the traditions of university system. Our paper is to examine the legal status of private universities in Nigeria. The importance of the legal regime of any endeavour cannot be overemphasized. From our research, we have noted the shocking fact that no private university in Nigeria is established by law in accordance with the Education (National Minimum Standards and Establishment of Institutions) Act 2004. This has numerous legal implications as to ownership, control, autonomy, delivery of quality education, labour, legal personality, life perpetuity and a host of other legal matters. These issues are addressed and concrete suggestions made so that private participation in tertiary education in Nigeria will be a blessing and not a curse to the educational sector in the future.     

Naming Names: The Impact of Supreme Court Opinion Attribution on Citizen Assessment of Policy Outcomes

The manner in which political institutions convey their policy outcomes can have important implications for how the public views institutions' policy decisions. This paper explores whether the way in which the U.S. Supreme Court communicates its policy decrees affects how favorably members of the public assess its decisions. Specifically, we investigate whether attributing a decision to the nation's High Court or to an individual justice influences the public's agreement with the Court's rulings. Using an experimental design, we find that when a Supreme Court outcome is ascribed to the institution as a whole, rather than to a particular justice, people are more apt to agree with the policy decision. We also find that identifying the gender of the opinion author affects public agreement under certain conditions. Our findings have important implications for how public support for institutional policymaking operates, as well as the dynamics of how the Supreme Court manages to accumulate and maintain public goodwill.     

Examining Police Effectiveness as a Precursor to Legitimacy and Cooperation with Police

Numerous studies by Tyler and colleagues, as well as other scholars, support a normative, process model to account for variation in the public’s cooperation with police in the USA and other developed nations. However, a recent study in Ghana suggests that in developing countries fraught with high levels of violent crime and corruption, cooperation may instead be accounted for by a utilitarian, rational-choice model. Our study examines whether public cooperation with police in the developing nation of Trinidad and Tobago is associated with the process model or rational-choice model. Using in-person structured interviews with residents, we examined whether victims’ decisions to report to police were related to individuals’ perceptions about police effectiveness or police legitimacy. We found support for the process model. We discuss possible explanations for the divergence with Tankebe’s research in Ghana and suggest avenues for future research.     

Private Power, Public Interest: An Examination of Search Engine Accountability

As information becomes a critical commodity in modern society,the issue is raised whether the entities that manage accessto information, that are tools for public discourse and democracy,should be accountable to the public. The Internet has transformedhow we communicate, and search engines have emerged as managersof information, organizing and categorizing content in a coherent,accessible manner thereby shaping the Internet user's experience.This article examines whether search engines should have publicinterest obligations. In order to answer this question, thisarticle first examines comparative public interest regulatorystructures, and the growing importance of the Internet to publicdiscourse. Then examined is how the algorithmic designs andmanual manipulation of rankings by search engines affects thepublic interest without a sufficient accountability structure.Finally, the values necessary to a public interest frameworkare suggested.     

What really is effective in interviews with suspects? A study comparing interviewing skills against interviewing outcomes

Purpose. The present study examines whether interviewing in a manner that is compatible with a recommended model of interviewing (called the ‘PEACE’ model) impacts on outcomes of the interviews examined in contrast to prior studies which have usually been concerned whether the conducted interviews were fair and not coercive or whether there had been positive effects of training upon subsequent interview performance. Methods. This study, examining in detail 142 actual suspect interviews, is set in the barely researched area of social security benefit fraud, reflecting current trends in Britain concerning increasing numbers of interviews with suspects undertaken by public sector organizations and the pluralization of policing. Results. It was found that good interviewing in each of the recommended stages that make up the PEACE model generally led to better interviews, indicating the importance that each stage contributes to overall interview quality. Further, the quality of interviews was compared against a range of interview outcomes and it was found that skilled PEACE interviewing was associated with the securing of full accounts, including confessions. Conclusion. Given the few examples of skilled interviewing found in the study it is argued that further training of investigators is necessary to improve both interviewing performance and organizational outcomes.     

Governance, accountability and neighbourhood policing in Northern Ireland: analysing the role of public meetings

In Northern Ireland??s move from conflict to peace, policing has remained close to the top of the political agenda. As part of the peace process, the Independent Commission on Policing (ICP) reported in 1999, and since its publication policing structures in Northern Ireland have undergone considerable reform. One of the threads of the ICP was to introduce a more nodal or networked approach to the delivery of policing that included the establishment of partnership policing structures. Against this backdrop, this article evaluates the use of the recently established Partners and Communities Together (PACT) public meetings in their role as a tool in re-shaping the parameters police accountability in Northern Ireland. The model is explicitly promoted as fostering a more nodal approach to local police decision making by engaging with a more diverse range of groups and harnessing the knowledge of local agencies to solve crime and disorder problems. Therefore, enhancing the accountability and legitimacy of the PSNI at the local level. In these contexts, the article utilises data taken from fieldwork undertaken at these public meetings and critically considers their role as forums where communities bring low level disorder issues that are affecting their neighbourhood to the attention of the PSNI, and whether they help solve these issues in partnership. The article therefore offers an examination of the role of public meetings and the PACT model itself.     

中美征收制度重要问题之比较

我国关于征地、征收问题的各种分析和讨论主要集中在以下三个方面:一是如何界定公共利益,二是补偿是否公平,三是程序是否公正。本文就上述三个方面系统比较、分析了中、美两国的征地制度,从法和经济学的角度论证了政府征收权存在的必要性,公共利益的要求及其内涵,以及对征收必须进行以"公平市场价值"为标准的公正补偿。本文认为:第一,"公共利益"应由立法机构来定义;第二,"公平市场价值"是切实可行的、兼顾了公平与效率的公正补偿标准。我国下一步的征地改革,有必要将这一补偿标准明确化;第三,在征地程序上,我们必须改进现有程序,防止征地权力过分集中且不受有效监督、民众缺乏有意义的知情权和参与权的弊病。     

The willingness to give: the public and the supply of transplantable organs

We report the results of a representative random-sample telephone survey of the public's willingness to donate organs. Our goal was to identify differences within the public and target groups who might be receptive to educational efforts to increase donation. We distinguish differences in attitude and demographic characteristics in three groups: those committed to donation, those opposed, and those who might change their opinions with more specific information. While approval of donation is nearly universal, only about half of the public would donate a relative's organs when they do not know the relative's preference. Whites, higher-income individuals, and those with higher educational levels were more favorable. Those who might change their minds fall midway between those committed and those opposed, both demographically and by attitude. They include more nonwhites and more individuals with incomes less than $25,000 than members of the group committed to donation. Targeting public education messages to this group is likely to have the most success in reducing the gap between supply and demand for human organs.     

Forensic DNA retention: Public perspective studies in the United Kingdom and around the world

This review analysed public perspective studies on forensic DNA retention in the United Kingdom and around the world. The studies generally show strong public support for the long-term or indefinite retention of DNA from convicts and suspects. There is considerable support for the retention of DNA from all or some arrestees and potentially the entire population. This was predicated upon the belief that forensic DNA databases have crime-solving abilities, which the public rate highly. In the UK, it was found that the current Protection of Freedoms Act 2012 regime is broadly representative of the recommendations of the surveyed British public. Nevertheless, the studies highlighted a gap in forensic DNA education among the public, suggesting that public views may not be well informed. Overall, there was clear evidence of privacy concerns and the potential misuse of DNA records among the public, with a significant number opposing the retention of DNA from the innocent. It was found that most of the studies were qualitative or non-representative of the relevant population, limiting the generalisation of the results. There was also limited studies among a representative sample of primary stakeholders who are well-informed or directly exposed to the benefits, challenges and risks associated with DNA retention. A research into stakeholders rating of different forensic DNA retention regimes is therefore highly recommended. This is important because the studies suggest divergent views among criminal justice professionals and other members of the public, with the former expressing expansive views and the latter expressing restrictive views. The primary stakeholder's survey will help establish whether the relevant safeguards have been put in place to protect both public security and individual interests.     

Do prior histories of violence and mental disorders impact on violent behaviour during encounters with police?

Despite sustained large-scale educational campaigns, public attitudes towards mental illness have remained persistently negative. Associated with this, recent research from Victoria, Australia, reported that police commonly associated violent behaviour with mental illness. The present study examined 4267 cases of police use of force and considered what differentiated and characterised violent from non-violent behaviours reported by police in the context of a use of force incident. The specific focus was to examine the effects that historical variables such as age, gender, prior violent offending and having a prior diagnosis of mental disorder, as well as incident specific factors such as exhibiting signs of mental disorder and substance intoxication have on violent behaviour during the use of force incident. The proximal factors of apparent mental disorder and alcohol intoxication were significantly associated with violent behaviour towards police, whilst having a history of prior violence and prior mental disorder diagnoses was not associated with violence. The results challenge traditional stereotyped views about the violence risk posed by people with prior contact with mental health services and those with prior violent offending histories. A service model that allows for psychiatric triage would be able to assist with streamlining police involvement and facilitating timely access to mental health services.     

公共性视野中中小学教师法律地位探讨

公共性是研究中小学教师法律地位的一个基本视角。在公共性视野中,中小学教师法律地位应该定位为国家公务员,这不仅有利于教育的发展,也有利于保障中小学教师的合法权益。从教育的公共性出发,把中小学教师的法律地位定位为国家公务员在现阶段应该采取必要的措施,并处理好一些问题。     

THEY'RE NOT ALL “MY FAIR LADY”

This article examines debates about public culture from the late 1980s to the present and identifies thirteen arguments that have been used to justify an investment in public culture: public interest, national security, merit, moral worth, the good life, economic development, politics, education, democracy, American identity, shared symbols, diversity, and innovation. The article then asserts four positions: (1) public culture and democracy are mutually constitutive, (2) elite culture can be detrimental to democracy, (3) the deliberate pursuit of diversity is a democratic endeavor, and (4) culture can bridge social differences. The article closes with a discussion about whether any form of public culture has yet been achieved in America, drawing on the work of Tyler Cowen and Bill Ivey.