Policy deviations,uncertainty, and the European Court of Justice

The implementation of European Union directives into national law is at the discretion of member states. We analyze incentives for member states to deviate from these directives when the European Commission may sue a defecting member state and rulings at the European Court of Justice (ECJ) are uncertain. We find that higher uncertainty about the preferences of the ECJ increases policy deviation, irrespective of whether a case is taken to court or not. If decisions of member states to deviate are interdependent, the incidence of filed cases decreases while for those policies reaching the ECJ deviations increase.     

Juridical and constitutional implications of CARICOM treaty practice

In a case involving a CARICOM member state in relation to the Agreement Establishing the Council for Legal Education (CLE), several law students of one member state party to the Agreement were denied their entitlement to pursue professional studies in a school of law established for the purpose in another member state because the second member state had not implemented the relevant provision of the CLE Agreement. The CLE in the member state concerned pleaded the absence of an enacting provision in the Legal Profession Act as the ground for not observing the provisions of the Agreement. No action was brought at the international level by the state of the students aggrieved to vindicate their rights and the action brought by the students themselves at the municipal level did not and could not succeed. Following an overview of CARICOM treaty practice, this article examines the effects of unincorporated treaties in the light of dualism, to which doctrine the overriding majority of CARICOM states subscribe.     

TRICARE; certain survivors of deceased active duty members; and adoption intermediaries. Final rule

This rule confirms as final a January 2007 interim final rule which implements two provisions of the National Defense Authorization Act for Fiscal Year 2006 (NDAA FY06). First, Section 715 of the NDAA FY06 extends the time frame certain dependents of active duty service members (ADSM) who die while on active duty for more than 30 days shall receive TRICARE medical benefits at active duty dependent payment rates. Second, Section 592 of the NDAA FY06 modifies the requirement for those intermediaries who provide adoption placements. Additionally, this final rule makes an administrative clarification to the following two eligibility provisions: those placed in the legal custody of a member or former member; and those placed in the home of a member or former member in anticipation of adoption. This clarification makes a distinction between the two groups and specifies that for placement into legal custody by court order, the court order must be for a period of 12 consecutive months.     

TRICARE; certain survivors of deceased active duty members; and adoption intermediaries. Interim final rule

This interim final rule implements two provisions of the National Defense Authorization Act for Fiscal Year 2006 (NDAA FY06), Public Law 109-163. First, Section 715 of the NDAA FY06 extends the time frame certain dependents of Active Duty Service Members (ADSM) who die while on active duty for more than 30 days shall receive TRICARE medical benefits at active duty dependent payment rates. Second, Section 592 of the NDAA FY06 modifies the requirement for those intermediaries who provide adoption placements. Additionally, this interim final rule makes an administrative clarification to the following two eligibility provisions: those placed in the legal custody of a member or former member; and those placed in the home of a member or former member in anticipation of adoption. This clarification makes a distinction between the two groups and specifies that for placement into legal custody by court order, the court order must be for a period of 12 consecutive months. Public comments are invited and will be considered for possible revisions to the final rule.     

家庭成员心理和谐的法制因素分析

家庭和谐是社会和谐的基础,家庭和谐有赖于家庭成员的心理和谐,应提高家庭成员的心理调适能力,减少家庭负性事件对心理和谐的冲击.家庭成员的心理和谐受到诸多法制因素的影响,婚姻法有关家庭义务、婚外恋和家庭暴力的规制将影响到家庭和谐心理的形成,并进而作用于和谐家庭的构建.     

东盟跨境医疗服务法律制度研究

东盟成员国通过一系列区域性贸易协定和安排扩大了医疗服务贸易。但是,医疗服务贸易的扩大也给成员国的国内医疗服务市场带来了复杂的影响。从某种程度上讲,东盟成员国的经济社会发展水平与中国类似。东盟的区域性立法和成员国的实践可以为中国的医疗服务制度的完善提供一些借鉴。     

论一人公司关联担保的效力

一人公司与股东之间存在紧密的利益联系,无论是股东为公司担保还是公司为股东担保,都属于商业活动中的正常交易安排。一人公司为股东担保具有无可替代的融资价值,且在功能上并不等同于股东以股权作为债权的一般担保。若债权人的利益受到关联担保的损害,债权人可以通过法人人格否认等事后制度予以救济,故而一人公司的关联担保具有价值上的正当性。《公司法》第16条的适用对象并不包括一人公司,现行法也未限制一人公司的关联担保能力,因此一人公司为股东担保的效力应予肯定。至于公司债权人的利益,可以通过一人公司的法人人格否认制度予以保护。在实质一人公司为股东提供担保时,其效力在解释上亦应与形式一人公司保持一致。在具体诉讼中,则可以通过证明责任倒置解决实质一人公司认定困难的问题。     

论欧盟法对欧盟成员国的效力

作为目前世界上最成熟和最发达的区域性国际组织,欧盟在很多方面有值得其他国际组织借鉴的地方。本文主要探讨了欧盟法对欧盟成员国的效力的问题。其中包括了欧盟法对欧盟成员国的时间效力范围和空间效力范围、欧盟法的效力优于欧盟成员国国内法、欧盟法在欧盟成员国的直接效力和间接效力以及欧盟法律与欧盟成员国法律之间的配合关系效力,以希望从中可以引出一些有益的启示。     

全国人大及其常委会组成人员专职化的进程与展望

全国人大及其常委会组成人员兼职制度可以追溯到20世纪50年代初期.新中国国家最高权力机构组成人员兼职的历史条件,即在战争时期以夺取政权为目的的革命过程,奠定了国家权力机关组成人员兼职的社会基础;新中国成立初期巩固革命政权实行军事管制的政治权力结构为兼职的国家最高权力机关组成人员制度提供了的社会基础;1954年宪法制定参考革命时期的实践基础、历史经验与国际经验成为宪法确立最高国家权力机关组成人员兼职的制度基础.1954年宪法规定国家最高权力机构组成人员兼职制度以后,逐步在专职化方面努力.1982年宪法在此基础上继承了这个制度.但国家最高权力机关专职化的进程不断深入且主要体现在发展逐步提高专职的全国人大常委会组成人员比例,增设全国人民代表大会专门委员会和常务委员会工作机构,增加专门委员会组成人员的职数提高常务委员会组成人员参加专门委员会的比例,改善专门委员会和常委会组成人员的文化水平和年龄结构.回顾这些历史经验对于完善全国人大及其常委会的组织制度与专职化改革有着积极的历史借鉴基础.     

欧盟区域刑事合作进程中的制度缺陷与对策——从《马斯特里赫特条约》到《里斯本条约》

从《马斯特里赫特条约》到《里斯本条约》,随着一体化进程的不断发展,欧盟逐步加强了对内部区域刑事合作的影响。但是,这种变化的＂代价＂则分别体现为：成员国全体一致的决策机制、＂框架决定＂立法中的＂民主赤字＂,以及成员国利用＂紧急刹车＂条款以规避关乎其切身利益的敏感立法的适用等。本文重点探讨这些制度缺陷,进而评析欧盟在相关问题上的对策。     

Legal identity for all

This paper examines Sustainable Development Goal 16.9 on legal identity for all. It considers notions of legal identity in international law and looks at legal frameworks for legal identity in Commonwealth member countries, including in respect of birth registration, national identity registers and cards, legal identity requirements for transactions and services, and new forms of digital identity. The paper examines specific legal issues relevant to identity, including privacy and data protection, identity theft and property rights. It concludes by reviewing the latest developments in concepts of identity, and applicable emerging technologies. It makes recommendations in respect of legal and policy reform that Commonwealth member countries may undertake with a view to meeting SDG Target 16.9.     

北美自由贸易协定对环境与贸易问题的协调及其启示

北美自由贸易协定在环境合作委员会的主导下,充分尊重成员国的主权,给予发展中国家实质性的能力支持,赋予成员国确定本国环境保护水平的自由裁量权,建立独立的区域环境贸易争端解决机制,在协调区域内成员国间环境标准及协调区域贸易协定与多边环境协定间的关系等方面构建了一个全新的模式。北美自由贸易协定对环境与贸易问题的协调模式对多边贸易体制协调环境与贸易问题有诸多的启示和借鉴意义。     

Electoral Influences on Legislative Behavior in Mixed‐Member Systems: Evidence from Ukraine's Verkhovna Rada

Abstract: This article addresses how mixed‐member systems that combine proportional representation (PR) and single‐member districts (SMD) into a single election can influence legislators' voting behavior. Scholars have generally extended standard expectations of behavior to mixed‐member systems by assuming that legislators occupying PR seats in mixed‐member parliaments should be more cohesive than those occupying SMD seats. I argue that controlling for seat type alone does not take into account the interaction between PR and SMD in mixed‐member systems. Using voting data from Ukraine's Verkhovna Rada, I show that controlling for dual candidacy and the “safety” of the deputy's district or list position increases our understanding of the factors motivating legislative cohesion.     

Social Support Choices for Help with Abusive Relationships: Perceptions of African American Women

A recent national telephone study of the African American community found that over 90% of respondents would feel comfortable talking to a family member or friend who was being abused about the abuse, with the majority advising she get help from a domestic violence program. The purpose of this study was to understand how comfortable abused women would feel talking to members of her support system about the abuse and how comfortable women who have not experienced partner abuse would feel if they were abused. Over 70% of women who have experienced abuse reported at least some comfort getting assistance for abuse from a friend, clergy/spiritual leader, Black community member, family member their age, or physician. Women who reported never experiencing physical or sexual partner violence were less likely to perceive feeling comfortable getting assistance from their social support systems (both formal and informal) if they were abused. Implications of these findings are discussed.     

Electoral Rules and Legislative Parties in the Ukrainian Rada

Critics of Ukraine's single‐member district majoritarian and mixed‐member majoritarian electoral systems argue that they undermined the efficiency of the Supreme Rada by permitting nonpartisan single‐member district deputies to enter the legislature in large numbers. Such deputies changed parties and ignored party positions. This article argues that the effect of the differences in how legislators are elected is dependent upon whether legislators are partisans. The statistical analysis of party switching and party cohesion in the Rada from 1998 to 2002 shows that nonpartisan single‐member district deputies were the most likely to switch parties and the least cohesive.     

Victims and families of violent psychiatric patients

Previous studies that have addressed the issue of violence committed by psychiatric patients have primarily been concerned with determining the incidence of violence and defining the characteristics of the offenders. This study addresses the issues of who are the likely victims when psychiatric patients are violent and what are the situational and interpersonal factors that relate to this violence. Medical records of 300 patients admitted to a locked university-based short-term treatment unit were extensively reviewed to assess the presence or absence of preadmission violence. Fifteen percent of the 300 patients assaulted another person within two weeks prior to admission. Fifty-four percent of the violent patients assaulted a family member. There were no differences in demographic characteristics between violent patients who assaulted a family member and violent patients who assaulted someone outside the family, except for with whom the violent patient was living at the time of the assault. Patients who assaulted a family member were significantly more likely to live with family than were patients who assaulted someone outside the family. Sixty-four percent of the patients who assaulted a family member planned to return home to their family after discharge. We identified four types of families within which patients assaulted family members: multiple mental illness families, multiple violent families, delayed help-seeking families, and prompt help-seeking families. The implications of our findings for prevention of future violence are discussed, including the issue of outpatient civil commitment.     

Considerations on the economic effect of the new Turkish commercial code provisions regarding single member companies

This article deals with both legal and economic analysis of the new Turkish Commercial Code provisions regarding single member companies. In this respect, legal provisions of the Turkish Commercial Code are examined and compared not only with the Twelfth European Union Directive and Societas Unius Personae, but also regulations of the European Union member states. Since single member companies are to be established as limited liability companies under Turkish law, this article considers the benefits of the limited liability form that can be applied to single member companies in the framework of firm theory. It also examines the benefits and risks of single member companies in terms of transaction costs and assesses the safeguards against the risks in this regard. Finally, an evaluation is made in the light of the data collected relating to the number of companies established after the new Turkish Commercial Code entered into force.     

Nonprofit Cultural Alliances: Initiatory Qualitative and Empirical Examinations of an Emergent U.S. Phenomenon

This study examines the recent spontaneous emergence of nonprofit cultural alliance organizations in the U.S. Cultural alliances are community-based associations, formed by arts/cultural organization members, which provide member interaction, collaboration, networking, resource sharing, and professional education opportunities. This research accomplishes three objectives: (1) generation of a body of knowledge about cultural alliances, (2) development of a cultural alliance member satisfaction model, and (3) quantitative analysis of member survey data to assess services provided, service quality, and member satisfaction. The results indicate that the survey instrument is an important assessment tool for use by association boards of directors and executive directors.     

Eyewitness Accuracy Rates in Sequential and Simultaneous Lineup Presentations: A Meta-Analytic Comparison

Most police lineups use a simultaneous presentation technique in which eyewitnesses view all lineup members at the same time. Lindsay and Wells (R. C. L. Lindsay & G. L. Wells, 1985) devised an alternative procedure, the sequential lineup, in which witnesses view one lineup member at a time and decide whether or not that person is the perpetrator prior to viewing the next lineup member. The present work uses the technique of meta-analysis to compare the accuracy rates of these presentation styles. Twenty-three papers were located (9 published and 14 unpublished), providing 30 tests of the hypothesis and including 4,145 participants. Results showed that identification of perpetrators from target-present lineups occurs at a higher rate from simultaneous than from sequential lineups. However, this difference largely disappears when moderator variables approximating real world conditions are considered. Also, correct rejection rates were significantly higher for sequential than simultaneous lineups and this difference is maintained or increased by greater approximation to real world conditions. Implications of these findings are discussed.     

Radiation safety for the NOMAD portable X-ray system in a temporary morgue setting

The purpose of this study was to determine the radiation levels resulting from leakage and scatter encountered by the forensic dental personnel using the Nomad at St. Gabriel, LA, following Hurricane Katrina. Using a Keithley Radiation Survey Meter and Lucite head phantom, radiation levels were measured at various distances and angles from the Nomad corresponding to the positions occupied by the dental personnel at St. Gabriel. The measurements were used to approximate the maximum total radiation dose from the Nomad to each team member for a 2- and a 4-week deployment. The results show that the maximum scatter radiation dose to any team member was 4.4 microR per X-ray or 0.253 millisieverts (mSv) for a 2-week deployment and 0.506 mSv for a 4-week deployment. Therefore, the leakage and scatter radiation dose from the Nomad was insignificant compared with established radiation safety guidelines of 50 mSv per year for all team members.