Overcoming the problems of variable interaction: Notes regarding empirical and conceptual issues in innovation theory building

Innovation research has been characterized by findings which are either considered unstable or inconsistent. This article addresses some of the methodological issues that arise when one attempts to test interactive models of innovation, describes how one particular algorithm — AID-3 — can be used to refine the use of general linear models, and proposes a research strategy based on a building mode of innovation theory. As such it functions as a “how to” for those interested in designing innovation studies and also as a theoretical piece aimed at re-organizing the goals and outputs of innovation research.     

Unscientific health practice and disciplinary and consumer protection litigation

Evidence-based health care is expected of their practitioners by contemporary health professions. This requires health care to have a foundation in scholarly literature and to have a scientifically valid methodology. However, there are many instances of registered and unregistered practitioners either providing assessment and treatment that does not conform to such requirements or making representations about likely efficacy that are unjustifiable by reference to peer-reviewed clinical knowledge. Sometimes such conduct is predatory and deliberately exploitative; other times it is simply misconceived on the part of practitioners who regard themselves as medical pioneers. This editorial situates such conduct within unscientific and unorthodox health practice. It surveys recent consumer protection and disciplinary decisions to evaluate the role of the law in regulating such conduct. It argues in favour of an assertive legal response to protect vulnerable patients or potential patients against forms of treatment and promises of outcomes that are unscientific and deceptive.     

论公益行政诉讼的原告资格

公益行政案件的司法救济问题近年来在理论界广受关注,但司法实践中一直未能解决.究其原因主要在于当前立法的不完善:一方面现行法律对于何为公益行政诉讼没有明确界定,另一方面对于由谁来启动公益行政诉讼更是不曾提及.本文旨在指出我国现行立法中行政诉讼原告资格制度的缺陷及其对建立公益行政诉讼制度所造成的影响,同时对西方国家在公益行政诉讼原告资格制度方面的成熟经验加以分析,并在此基础上提出构建我国公益行政诉讼原告资格制度的几点建议.     

Quiescence in women's prisons litigation: Some exploratory issues

Despite the increase in prisoner civil rights litigation in the past decades, we know relatively little about the bases of such suits, let alone the differences between male and female litigants. Judging from existing literature, we would expect women to join male litigants in challenging the conditions of their confinement. But it seems that there has been a remarkable quiescence among women prisoners in civil rights litigation. Despite such factors as poor living conditions, overcrowding, internal disciplinary problems, lack of job training programs, and unbalanced racial composition (all positively associated with high civil rights litigation rates), it would seem that women are filing proportionally far fewer suits than their male counterparts. Further, women sue for somewhat different reasons. Using data from one federal district in Illinois and two Illinois prisons, we will argue that, compared to their male counterparts, women do not choose litigation for problem resolution, and we will suggest that gender and organizational constraints may account for much of this quiescence.     

试论《食品安全法》中关于消费者权益保护的欠缺

消费者是食品链中最大的群体。《食品安全法》的立法之本是为了保护消费者的安全,但是《食品安全法》在消费者权益保护方面却存在很多问题,比如,食品安全概念的狭隘,某些法条难以实施,与其它法律之间互相矛盾等。本文分析了《食品安全法》关于消费者权益保护的欠缺之处,并提出了修改建议。食品药品监督管理总局的成立及食品安全监管部门职能的调整改变了以前分段管理的模式,《食品安全法》要做相应的修改。希望在《食品安全法》的修订过程中可以加强对消费者权益的保护,增加该法的实用性。     

On assessing the mood of the public toward the police: Some conceptual issues

The use of attitudinal surveys has become a widely accepted method for the incorporation of public opinion in public policy decisions. Because of the assumption that the interpretation of such surveys is straightforward and clear, little critical attention has been devoted to the methodological and theoretical problems encountered when translating these findings into public policy. A case in point involves the proliferation of surveys aimed at assessing the mood of the public toward the police. A review of the literature reveals that the research findings about the public mood are contradictory and thus lack convergent validity. The findings of this study indicate that this lack of convergent validity in the images of the public toward the police can be explained on both methodological and theoretical grounds. More specifically, the findings indicate that the mood of the public is very different depending on the level of specificity of the items used to tap that mood. Items eliciting evaluations of a general nature show the public as supportive of the police, while items of a specific nature show much less public support. This apparent paradox is explained through the use of a theoretical framework developed by Easton (1965), which emphasizes diffuse and specific support as external influences on institutions.     

Options of litigation funding in serving the interests of society: a critical evaluation from the viewpoint of access to justice

Litigation funding, over the years, has run reverse from champerty and maintenance and been established as an integral part of mainstream civil justice system with a view to facilitating access to justice. Admittedly, its present standard in the United Kingdom has been impacting considerably on the objective of ensuring access to justice. But how far are the funding options serving the interests of the society is still a matter of debate. In this study, some hypotheses have been drawn to assess how far the options of litigation funding are facilitating the litigants’ satisfaction as to access to justice.     

《鹿特丹规则》的立法特点及对其中涉及重大利益的几个问题的分析

总结《鹿特丹规则》的几个立法特点,分析《鹿特丹规则》中几项较为重要的制度变革和制度创新的立法理由及其对有关方的利益将产生的具体影响,指出其中某些制度存在的不完善之处,并认为《鹿特丹规则》总体上是先进的,希望国际社会能尽早接受该公约。     

Strategies for building representative HSAs: the impact of legal structure

The goal of having local health planning agencies represent their communities is considered. A basic premise is that the legal structure of an agency is related to how well a community is represented. This premise is tested, and two strategies are presented for building HSAs which will include strong representation of traditionally under-represented or under-served groups: (1) increasing competition for governing-body membership by requiring all planning agency governing bodies to be small (30 members or less); and (2) increasing the organizational simplicity of the HSA.     

论刑事诉讼与行政诉讼的冲突及其解决

为解决刑事诉讼中出现的行政问题及行政诉讼中出现的刑事问题,避免行政诉讼与刑事诉讼审理结果的冲突,应将两类诉讼中的相关问题分为本诉附属问题与审判前提问题,允许法院刑事审判庭在特定情况下审理行政问题;在对同一行为究竟应承担刑事责任还是行政责任难以确定时,以“刑事责任优先”为处理原则。     

涉外可持续发展行政法制若干问题研究

建立完善的涉外可持续发展行政法制,不仅是我国可持续发展战略的内在要求,同时也是我国履行国际可持续发展公约的国内法保障。本文在分析我国涉外可持续发展行政法制基本概念的基础上,主要就涉外可持续发展行政法与国际条约在我国的适用问题、涉外可持续发展行政法中的“超国民待遇”问题、涉外可持续发展行政法律关系的法律救济问题展开论述。     

Anti-triad legislations in Hong Kong: issues, problems and development

One way to tackle triad societies is through effective legislation. The present article first describes and reviews the legislation dealing with triad activities in Hong Kong – The Societies Ordinance – and highlights the main issues and problems. Four issues are discussed, namely ambiguity in the definition of triad membership, doubtful neutrality of triad experts, outdated triad-related literature cited in the court, and the contradiction with human rights and freedom of expression. The article further examines the effect of the ordinance in suppressing triad activities and argues that the law is not very effective in penalizing senior triad members, thus justifying the need for a new legislation to contain the growth of triad activities and organized crime.     

Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.     

EU citizenship and (fundamental) rights: Empirical,normative, and conceptual problems

There is a close connection between EU citizenship and rights, both in the law and literature. This article claims that EU lawyers' understanding of EU citizenship and rights suffers from empirical, normative, and conceptual shortcomings. I will point out that there has been insufficient awareness for the boundedness of EU citizenship, the political structure of the EU and the constraints this (realistically) imposes on the ‘meaningfulness’ of EU citizenship. EU citizenship must not be understood as requiring an elaborate set of equal rights for all Union citizens throuzghout the EU, but valued for its ability to allow its status holders to enjoy (almost) full membership in the Member States of which they do not possess nationality.