抵销与反诉--历史与价值的探讨

<正>抵销和反诉是反对请求权主张的两种方式,在历史上两者一直联系密切,这表明我们不仅有必要从制度价值角度探讨两者之间的联系和区别,也有必要从历史的角度探讨两者的关系。     

Without Days Off It Is More Expensive

The new MVD order declares that MVD employees are to receive compensation for working overtime and defines the rules for calculating this compensation. The measure is said to boost morale and reduce corruption in the bodies of internal affairs.     

The Impact of District Magnitude on Voter Drop‐Off and Roll‐Off in American Elections

This study demonstrates that multimember districts (MMDs) complicate ballots, reduce voter information, and increase incentives for strategic voting in ways that reduce voter participation. Using data from three states that elect members of at least one legislative chamber from both single‐member districts (SMDs) and MMDs, we test hypotheses about the impact on MMDs on ballot drop‐off (selecting fewer candidates for an office than permissible) and roll‐off (not voting in down‐ballot races). We find support for both sets of hypotheses, with the strongest results related to ballot drop‐off. The results have broad implications for voter participation, representation, and election administration in the many states and localities that use MMDs to elect public officials.     

Off the Grid: Vaccinations Among Homeschooled Children

To protect public health, states require that parents have their children immunized before they are permitted to attend public or private school. But for homeschooled children, the rules vary. With the spectacular growth in the number of homeschooled students, it is becoming more difficult to reach these youth to ensure that they are immunized at all. These children are frequently unvaccinated, leaving them open to infection with diseases that are all but stamped out in the United States with immunization requirements. States should encourage parents to get their homeschooled students vaccinated through enacting the same laws as those used for public school students. This could be done by enforcing current laws through neglect petitions or by requiring that children be immunized before participating in school sponsored programs. As most states require some filing to allow parents to homeschool their children, it would be easy to enact laws requiring that homeschooled children be immunized or exempted before completing registration.     

以股抵债需要法律规则

本文针对以股抵债施行中存在的问题和争议,分析了以股抵债法律规制的必要性,阐述了以股抵债法律规制的内容及其法律后果。     

Closing Off Opportunities for Crime: An Evaluation of Alley-Gating

A new situational crime prevention measure recently introduced into Great Britain involves the fitting of gates to alleyways running along the back of terraced properties to restrict access to local residents and reduce opportunities for offenders. A number of quantitative techniques were used to assess the success of the intervention in reducing burglary in the City of Liverpool. The results demonstrate that, relative to a suitable comparison area, burglary was reduced by approximately 37%, there was a diffusion of benefit to properties in the surrounding areas, and the scheme was cost beneficial with a saving of £1.86 for every pound spent. The analyses provide persuasive evidence that these reductions were attributable to the intervention. We argue that the methodological techniques demonstrated here can be applied more widely to crime prevention evaluations.     

作为行政强制执行手段的断水、断电

《行政强制法》第43条基于生存照顾的考虑,对断水、断电做了禁止性规定,但对该条的具体适用等问题却存在诸多争议。通过对实施层面的考量,断水、断电的使用是属于有条件的限制性使用,作为行政强制执行手段在正当性上仍存在不足,不能通过扩大性解释而获得合法性。运用该手段时,不能简单基于实施效果的考虑,必须进行综合性衡量。为了防止对行政相对人合法权益的侵害,应当从法律依据、适用条件及程序设置三个方面实现对断水断电等手段的法律控制。     

论海事法院拍卖船舶中的受偿债权

本文分析了法院拍卖船舶受偿债权的一般性 ,并在此基础上 ,依据我国相关法律 ,提出了法院拍卖船舶中受偿债权的范围。     

Drug Reps Off Campus! Promoting Professional Purity by Suppressing Commercial Speech

In the name of restoring professionalism, an influential group of physician-educators have urged academic medical centers to take the lead in purging the house of medicine of the conflicts of interest created by industry's marketing. I argue that this revivalist movement is misguided, uses "conflict of interest" as an epithet, creates counter-productive incentives, and fails the duty to prepare physicians for ethical engagement with their commercial partners in patient care.     

Face Off: The Ironic,The Irenic and the Face Between

The formation of a school, whether feminist, critical, Marxist or other involves the establishment of a doctrine – literally a teaching – and a group of students or followers – the disciples who form the discipline. No doctrine without disciples has been the history of the schools and the formative principle of academic movements. They exist in the end to convert their students, old to young, male to female, female to male, or female to female, or any other possible combination of orientations. And conversion implies orthodoxy, institutionalization and hierarchy or at least a relation to hieros and hierarchy. This paper examines these themes in terms of the specific example of feminist legal studies and a curious recent discursive event, a polemical exchange on the identity of the movement, the face of feminist legal studies, as viewed through a eulogy and a challenge to that praise. Thanks to Richard Collier, Margaret Davies, Margaret Halliwell, Elena Loizidou, Desmond Manderson, Ngaire Naffine for correspondence, for relevant discussions, and candid responses. Especial thanks to Thanos Zartaloudis for a peculiarly detailed and hospitable reading, offered at a time when it would have been much easier, both just and more appropriate for him to say very little, almost nothing. And emotive thanks as well to Linda Mills for her customary frankness and finely honed attention.     

Off with their Heads: The Need to Criminalize some forms of Scientific Misconduct

Improvement in policy for the management of scientific misconduct has been slow. While assurance of due process at the ORI level is now in place, similar protections at the institutional level and institutional responsibility for further oversight and a workplace where the responsible conduct of research can be practiced have not yet been addressed. In contrast, policy regarding human subject protection has evolved rapidly to reflect firmer norms, with decisive priority given to subject protection over scientific or social needs. Perhaps because scientific misconduct policy has the potential to harm the careers of individual scientists and harms to individual subjects are thought to be indirect, the scientific community has been successful in blocking every move toward testing more rigorous regulation. The mantras that scientists can discipline their own, and the price of competitive science is some level of scientific misconduct are not persuasive. The standards by which science is judged should not be an exception to those governing others who deal with the public's money and have a duty to the public interest.     

Turning Off the Tap: Urban Water Service Delivery and the Social Construction of Global Administrative Law

This article explores the development of a cross-border dimensionto the delivery of urban water services as an arena for thesocial construction of global administrative law. When companiesfrom one country deliver water services in another country underdecades-long concession contracts, the ensuing political andlegal struggle engages one of the central strands of administrativelaw traditionally understood: the question of participationin decision-making processes that affect vital individual interests.Moreover, it does so in an arena that embeds public and privateactors in hybrid routines of both formal and informal participationat multiple levels of governance. Using Argentinian and SouthAfrican case studies, the article teases out in detail the interplaybetween international and domestic levels of the forms and processes(both formal and informal) that facilitate participation intransnational urban water services governance. The process ofsocially constructing global administrative law is centred initerative interaction between formal legal and informal politicalmodes of participation, especially social protest and politicalnegotiations. It is a process with two modes, political andtechnical, and the political salience of global administrativelaw is shaped first by differential capacities to deploy bothmodes, and secondly by the capacity to switch between nationaland international levels of governance.