连选连任:企业家成长的制度障碍

企业家连选连任不利于经营能力的提高,导致人才断层,企业家缺乏,许多企业家退化变质。废除连选连任制度,要破除优秀者连任的错误价值观,建立竞选、培训、任职周期循环体系。     

Sowing seeds of change for the digital world – A response to ‘Digital opportunity: A review of intellectual property and growth’

Professor Ian Hargreaves released his independent report entitled Digital Opportunity – A Review of Intellectual Property and Growth on 18 May 2011. Hargreaves advocates strategic change and policy initiatives for the intellectual property framework in both national and international contexts. Ten recommendations are proposed, including reform of copyright licencing procedures, implementation of a digital copyright exchange, and legislative exceptions to copyright infringement, along with restructuring of systems for the grant and enforcement of patents. In this article, the authors discuss Hargreaves’ recommendations and consider how intellectual property law and policy may be used to facilitate innovation and economic growth in the modern digital world.     

To block or not to block: European approaches to content regulation,and implications for freedom of expression

Based on the limited effectiveness of state laws, and lack of harmonization at international level a number of states started to introduce policies to block access to Internet content and websites deemed illegal which are situated outside their legal jurisdiction. However, blocking policies are not always subject to due process principles, decisions are not necessarily taken by the courts of law, and often administrative bodies or Internet hotlines run by the private sector decide which content or website should be subject to blocking. Therefore, increasingly, the compatibility of blocking action is questioned with regards to the fundamental right of freedom of expression. This article assesses significant developments at the pan-European level with regards to the development, and implementation of Internet content blocking policies. Adaptation of content blocking policies from certain member states of both the European Union and the Council of Europe will be used to assess the nature and implementation of access blocking policies. It will be argued that there could be a breach of Article 10 of the European Convention on Human Rights if blocking measures or filtering tools are used at state level to silence politically motivated speech on the Internet.     

Banking in a theory of the business cycle: a model and critique of the Basle Accord on risk-based capital requirements for banks

This paper presents a theoretical framework for understanding the investment decisions and financing decisions of financial and non-financial enterprises over the business cycle. At the core of this theoretical framework is an agency problem between relatively more risk averse depositor/bondholders and relatively less risk averse stockholders. The solution to this agency problem is a corporate governance system that takes the form of an up-front contract that directs managers to make portfolio/investment decisions in the interest of their stockholders, and financing decisions in the interest of their depositor/bondholders. This enables depositor/bondholders to offset any risk shifting portfolio/investment decisions made on behalf of the shareholders thereby mitigating the moral hazard problem among debtors and creditors. The Basle Accord on risk-based capital requirements for depository institutions is one particular regulatory application of this more general theoretical framework. The paper concludes with a comparison between the Basle Accord and the 100% reserve or narrow banking proposal as the means of achieving a risk-free medium of exchange and a financial system that facilitates the optimal transfer of resources from savers to investors consistent with society’s aversion towards risk.     

从“自由意志”到“社会利益”——民法制度变迁的法哲学解读

康德的“自由意志”理论是传统民法哲学的基础。“自由意志”以“自主决定”与“自己责任”为原则 ,并衍生出近代民法的三大原则以及逻辑严密、体系完备、内容浩瀚的民法体系。但是 ,“自由意志”论在理论上与现实上都遭遇到了困境 ,民法制度随时代而变迁。庞德的“社会利益”学说是解说这种变迁的有力理论。依据庞德的理论 ,民法从专注于个人自然权利转向兼顾社会利益 ,民法价值出现了从个人自由到保护信赖的变化 ,民法的终极目的也出现了从人格的健全与发展转向社会秩序的和谐 ,并实现在人们需求冲突时的调整的变化。现代民法的内在体系因之形成以“自由意志”为内容的“常规法”和以“信赖保护”为内容的“矫正法”的二元结构。     

An Analysis of Advertisements: A Lens for Viewing the Social Exclusion of Women in Police Imagery

This study examines whether there are differential relationships among trauma exposure, familial risk and protective factors, substance abuse, and posttraumatic stress disorder (PTSD) among incarcerated and non-incarcerated women. A case-control method was used to match 100 incarcerated women with 100 women in the general population. Incarcerated women had a significantly higher risk of trauma exposure as compared with controls, with odds ranging from 1.7 to 3.7. When group was controlled, exposure to sexual or physical trauma significantly increased the odds of PTSD (odds ratio = 5.0; p < .05), as did substance use in response to traumatic distress (odds ratio = 8.9; p < .001). Family-related characteristics did not appear to moderate this relationship. The findings suggest that incarcerated women are at high risk for PTSD given their high rates of trauma exposure and apparent lack of appropriate coping mechanisms; the results support the use of trauma-specific interventions for this population.     

Back to first principles: a new model for the regulation of drug promotion

The US Food and Drug Administration''s (‘FDA’ or the ‘Agency’) current regulatory framework for drug promotion, by significantly restricting the ability of drug manufacturers to communicate important, accurate, up-to-date scientific information about their products that is truthful and non-misleading, runs afoul of the First Amendment and actually runs counter to the Agency''s public health mission. Our article proposes a New Model that represents an initial proposal for a modern, sustainable regulatory framework that comprehensively addresses drug promotion while protecting the public health, protecting manufacturers’ First Amendment rights, establishing clear and understandable rules, and maintaining the integrity of the FDA approval process. The New Model would create three categories of manufacturer communications—(1) Scientific Exchange and Other Exempt Communications, (2) Non-Core Communications, and (3) Core Communications—that would be regulated consistent with the First Amendment and according to the strength of the government''s interest in regulating the specific communications included within each category. The New Model should address the FDA''s concerns related to off-label speech while protecting drug manufacturers’ freedom to engage in truthful and non-misleading communications about their products.     

MCMI Results for Batterers: A Response to Gondolf

Gondolph [Gondolf, E. W. (1999). J. Fam. Violence 14: 1–17] recently published MCMI-III results on men in batterer treatment groups that appeared to indicate much lower levels of psychopathology than previous studies. Gondolph concluded from these results that the existence of an abusive personality was debatable. Gondolph is mistaken in drawing conclusions about the abusive personality based solely on MCMI results. The assessment of the abusive personality is not based on this instrument. Also, respondents in Gondolph's study had extremely high Desirability scores on the MCMI-III, so even his estimates of the incidence of personality disorder are questionable. Current assessment of personality disorder has begun to steer away from self-report instruments such as the MCMI-III; this practice should be utilized in assessing batterers.     

A theoretical model of multiple stigma: ostracized for being an inmate with intellectual disabilities

Even though some people are associated with a single stigmatized group, others are associated with several. In order to shed light on such multiple stigma processes, we propose a theoretical model of ‘multiple stigma’ by describing how two stigma-related categories (having intellectual disabilities and being an inmate) merge into a third stigmatized category (being an inmate with intellectual disabilities) that makes it possible to be ostracized for each of these three. We describe how this extensive ostracism is associated with negative psychological problems and antisocial responses. Consequently, we discuss some possible implications for the criminal justice system and future research.     

Disclosure strategies among sex offenders: A model for understanding the engagement process in groupwork

Abstract

A key component of the functional engagement of child sex offenders in a group-based programme is the disclosure of certain personal information. Such information is required to be of a type and presented in a way that facilitates open exchange in the group, promoting understanding of the presenter's offence pattern and conveying his sole responsibility for the offending. The model explained in this paper, based on an outcome from a grounded theory study, describes in detail four distinct orientations to such disclosure. Each is associated with a particular style of managing the disclosure encounter. Three of these disclosure management styles can be described as essentially “resistant” in nature, but only one is overtly oppositional. The two other “resistant” styles of disclosure management emerge as more covert and perhaps less readily identifiable expressions of reluctance. The implications of the model for work with this population and in more general settings are discussed.     

Striving for a good life: The good lives model applied to released child molesters

Abstract

The good lives model (GLM) is a strengths-based approach to offender rehabilitation in which treatment aims to equip offenders with the skills and resources necessary to satisfy primary goods, or basic human values, in personally meaningful and socially acceptable ways. The aim of the present research was to explore the practical utility of the GLM with a sample of released child molesters, and investigate the relationship between primary goods attainment and overall re-entry conditions (in terms of accommodation, social support and employment). Semi-structured interviews were conducted with 16 child molesters at one, three and six months following their release from prison. As expected, participants endorsed the majority of GLM primary goods with high importance, and positive re-entry experiences were associated with increased goods attainment. Implications for clinicians, policy makers and society as a whole are discussed.     

The maharishi effect: A model for social improvement. Time series analysis of a phase transition to reduced crime in merseyside metropolitan area

Abstract

Time series analysis was used to test the hypothesis that Merseyside crime rate was reduced by a group practising Maharishi Mahesh Yogi's Transcendental Meditation and TM-Sidhi programme. Previous research suggests that a phase transition to increased orderliness u evidenced by reduced crime rate should occur when the group size approaches the square root of 1% of the total population. Analysis of Merseyside monthly crime data and coherence group size from 1978 to 1991 shows that a phase transition occurred during March 1988 with a 13.4% drop in crime when the group size first exceeded the √1 % or Maharishi Effect threshold (p < 0.00006). Up to 1992, Merseyside crime rate has remained steady in contrast to the national crime rate which has increased by 45%. In 1987 Merseyside had the third highest rime rate of the eleven largest Metropolitan Areas in England and Wales; by 1992 it had the lowest crime rate. 40% below levels predicted by the previous behaviour of the series. There were 255,000 less crimes in Merseyside from 1988 to 1992 than would have been expected had Merseyside continued to follow the national crime trend. Home Office figures indicate savings to Merseyside could exceed £1250 million for the five year period. Demographic changes, economic variables, police practice, and other factors could not account for the changes.     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

BrowStExPlus: A Tool to Aggregate IndexedDB Artifacts for Forensic Analysis

As the Internet and World Wide Web have rapidly evolved and revolutionized the applications in everyday life, it is a demanding challenge for investigators to keep up with the emerging technologies for forensic analyses. Investigating web browser usages for criminal activities, also known as web browser forensics, is a significant part of digital forensics as crucial browsing information of the suspect can be discovered. Particularly, in this study, an emerging web storage technology, called IndexedDB, is examined. Characteristics of IndexedDB technology in five major web browsers under three major operating systems are scrutinized. Also, top 15 US websites ranked by Alexa are investigated for their data storage in IndexedDB. User screen names, ids, and records of conversations, permissions, and image locations are some of the data found in IndexedDB. Furthermore, BrowStEx, a proof‐of‐concept tool previously developed, is extended and cultivated into BrowStExPlus, with which aggregating IndexedDB artifacts is demonstrated.     

BrowStEx: A tool to aggregate browser storage artifacts for forensic analysis

Web storage or browser storage, a new client-side data storage feature, was recommended as a part of the HTML5 specifications and now widely adopted by major web browser vendors. Web storage with native browser support has changed the paradigm of web application development unprecedentedly because persistent data storage with increased data size can be realized on the client. Web storage is poised to quickly become an area of particular interest for forensic investigators due to the potential to discover critical information from web browser artifacts at client side. However, the literature work on web browser forensics has traditionally focused on browsing history, browser cache, and cookie files (Oh et al., 2011). Therefore, we first discuss the prevalence of web storage implementation in widely used websites. Then, we compare and contrast the web storage technology currently implemented in the five major web browsers, Google Chrome, Internet Explorer, Mozilla Firefox, Opera, and Apple's Safari. Moreover, in order to provide more insights into web storage and enable unified forensic analysis, a proof-of-concept tool, named as BrowStEx (Browser Storage Extractor), is described with implementation details. The commonalities, differences, and the proof-of-concept tool discussed in this paper can be useful in developing advanced forensic tools that can extract browser storage artifacts.     

A 14- to 24-year longitudinal study of a comprehensive sexual health model treatment program for adolescent sex offenders: predictors of successful completion and subsequent criminal recidivism

The study determines the effectiveness of a sexuality-positive adolescent sexual offender treatment program and examines subsequent criminal recidivism in the three outcome groups (completed, withdrawn, referred). The sample consists of 122 adolescent males and their families (491 individuals). Of the demographic variables, only living situation was significant, such that patients living with parents were more likely to graduate. None of the behavioral variables were found to be significant. Of the treatment variables, length of time in the program and participation in the Family Journey Seminar were included in the final model. When they were included in the model, no other treatment variable were significantly related to probability of graduation. There were no arrests or convictions for sex-related crimes in the population of participants that successfully completed the program. This group was also less likely than the other groups to be arrested (p = 0.014) or convicted (p = 0.004) across all crime categories.